2022 Agency Plan HUD-50075

2022 Agency Plan HUD-50075

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D R A F T

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Annual PHA Plan (Standard PHAs and Troubled PHAs)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

OMB No. 2577-0226 Expires: 02/29/2016

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families. Wi002 Applicability. Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form. Definitions. (1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as

a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing.

(2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550.

(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.

(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments.

(5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP

troubled.

A.

PHA Information.

A.1

PHA Name: _Housing Authority of the City of Milwaukee PHA Code: WI002 PHA Type: Standard PHA Troubled PHA PHA Plan for Fiscal Year Beginning: (MM/YYYY): 01/2022 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 2913 Number of Housing Choice Vouchers (HCVs) 7676 Total Combined Units/Vouchers 10,589 PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. PHAs must have the elements listed below in sections B and C readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. The Housing Authority of the City of Milwaukee has posted a copy of its 2020 to 2024 5-Year Agency Plan, and the 2020 and 2021 Annual PHA Plan on its website, http://www.hacm.org/ for public review. In addition, a copy is located at HACM’s main office at 809 N. Broadway, 3rd Floor, Milwaukee, WI 53202

PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below)

Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia

No. of Units in Each Program

PH HCV Lead PHA:

D R A F T

http://www.hacm.org/

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B.

Annual Plan Elements

B.1

Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA? Y N

Statement of Housing Needs and Strategy for Addressing Housing Needs Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. Financial Resources. Rent Determination. Operation and Management. Grievance Procedures. Homeownership Programs. Community Service and Self-Sufficiency Programs. Safety and Crime Prevention. Pet Policy. Asset Management. Substantial Deviation. Significant Amendment/Modification

(b) If the PHA answered yes for any element, describe the revisions for each revised element(s):

• Statement of Housing Needs and Strategy for Addressing Housing Needs: Updated the wait list information to 7/2021 data.

• Deconcentration and other Policies that Govern Eligibility, Selection and Admissions: See this section for a

summary of any changes to the Admissions and Continued Occupancy Policy (ACOP) or the Administrative Plan.

• Financial Resources: Updated the financial sources and uses information

• Operation and Management: Added the HACM Assistance Animal Policy to the list of documents, manuals and handbooks.

• Homeownership Programs: Updated the detail on homeownership programs, including number of participants assisted

• Community Service and Self-Sufficiency Programs: Removed reference to YMCA at Parklawn. Added statements about Jobs Plus program at Hillside. Added a reference to implementation of the final rule for Section 3.

• Significant Amendment/Modification: Added language to the definition of significant amendment to include material changes to homeownership, capital fund financing, development, and mixed financing proposals.

(c) The PHA must submit its Deconcentration Policy for Field Office review. D R A

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B.2

New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N

Hope VI or Choice Neighborhoods. Mixed Finance Modernization or Development. Demolition and/or Disposition. Designated Housing for Elderly and/or Disabled Families. Conversion of Public Housing to Tenant-Based Assistance. Conversion of Public Housing to Project-Based Assistance under RAD. Occupancy by Over-Income Families. Occupancy by Police Officers. Non-Smoking Policies. Project-Based Vouchers. Language Access Plan Units with Approved Vacancies for Modernization. Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).

(b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan. Description of new activities planned for 2022 begins on page 31.

B.3

Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. Attachment C

B.4

Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N

(b) If yes, please describe:

B.5

Progress Report. Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan. The Progress Report begins on page 35.

B.6 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N

(c) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

B.7 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. Attachment E

D R A F T

http://www.hud.gov/offices/adm/hudclips/forms/files/50077sl.doc

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B.8

Troubled PHA. (a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place? Y N N/A

(b) If yes, please describe:

C.

Statement of Capital Improvements. Required for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP).

C.1

Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan (HUD-50075.2) and the date that it was approved by HUD. See HUD Form-50075.2 approved by HUD on April 29, 2020

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Attachment B. Annual Plan Elements

B.1 Revision of PHA Plan Elements. Statement of Housing Needs and Strategy for Addressing Housing Needs: HACM will continue to focus on finding ways to meet the affordable housing needs of City of Milwaukee residents: families, elderly, disabled and minorities with disproportionate housing needs. In the area of shortage of affordable housing, HACM will work to maximize the number of affordable units available by reducing turnover time for vacant housing units and minimize the number of units offline due to routine maintenance or renovation work and will seek to replace units lost to the inventory through mixed finance development and Section 8 replacement housing resources. HACM will work to maintain Section 8 lease up rates by establishing payment standards that are beneficial to families in the City, by effectively screening applicants to increase owner acceptance of the program and by marketing the Section 8 program to owners, particularly those outside areas of minority and poverty concentration. HACM will participate in the Consolidated Plan development process to ensure coordination with broader community strategies. HACM will also attempt to increase the number of affordable units by applying for Section 8 vouchers as they become available, by leveraging resources in the community through the creation of mixed finance housing and through other non-public housing or Section 8-based assistance. HACM will continue to work with the Continuum of Care in addressing the housing needs of Milwaukee’s homeless residents. HACM will continue to employ admissions preferences aimed at families with hardships and adopt rent policies that support and encourage work. In an effort to meet the growing needs of families with disabilities, HACM will carry out modifications based on a Section 504 Needs Assessment, will apply for special purpose vouchers that target families with disabilities and will continue its work with Independence First to expand homeownership opportunities for families with disabilities. HACM will also conduct activities that affirmatively further fair housing by marketing to racial and ethnic minorities with disproportionate housing needs, counseling Section 8 tenants as to location of units outside of areas of poverty or minority concentration and marketing the Section 8 program to owners outside of areas of poverty and minority concentration. Below is the status of waiting lists as of July 2021:

Housing Needs of Families on the Waiting List

Waiting list type: (select one) Section 8 tenant-based assistance Public Housing (Family) Combined Section 8 and Public Housing Public Housing Site-Based or sub-jurisdictional waiting list (optional)

If used, identify which development/sub jurisdiction: # of families % of total families Annual Turnover

Waiting list total 4,455 200-300 Extremely low income <=30% AMI

3,490 78.3%

Very low income (>30% but <=50% AMI)

798 17.9%

Low income (>50% but <80% AMI)

167 3.7%

Families with children 1,146

25.7%

Elderly families (62+) 36 0.8% Families with Disabilities 1,108 24.9% Race - White 355 8.0% Race – Black 4,081 91.6% Race – Asian/Other 87 2.0% Ethnicity – Hispanic 228 5.1%

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Characteristics by Bedroom Size (Public Housing Only)

1BR 3,733 83.8% 2 BR 281 6.3% 3 BR 106 2.4% 4 BR 294 6.6% 5 BR 35 0.8% 5+ BR 6 0.1% Is the waiting list closed (select one)? No Yes If yes: HOW LONG HAS IT BEEN CLOSED (# OF MONTHS)? 34

Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed?

No Yes (See ACOP)


Waiting list type: (select one) Section 8 tenant-based assistance Public Housing (Elderly/Disabled) Combined Section 8 and Public Housing Public Housing Site-Based or sub-jurisdictional waiting list (optional)

If used, identify which development/sub jurisdiction: # of families % of total families Annual Turnover

Waiting list total 1,402 200-300 Extremely low income <=30% AMI 1,262 90.0% Very low income (>30% but <=50% AMI)

119 8,5%

Low income (>50% but <80% AMI)

21 1.5%

Families with children 0 0.0% Elderly families (62+) 102 7.3% Families with Disabilities 1,144 81.6% Race – White 396 28.3% Race – Black 985 70.3% Race – Asian/Other 32 2.3%

Ethnicity – Hispanic 134 9.6% Characteristics by Bedroom Size (Public Housing Only)

1BR 1,402 100.0% 2 BR 0 0 3 BR N/A 4 BR N/A 5 BR N/A 5+ BR N/A

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Is the waiting list closed (select one)? No Yes If yes: HOW LONG HAS IT BEEN CLOSED (# OF MONTHS)?

Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed?

No Yes (See ACOP)

Housing Needs of Families on the Waiting List Waiting list type: (select one)

Section 8 tenant-based assistance Public Housing Combined Section 8 and Public Housing Public Housing Site-Based or sub-jurisdictional waiting list (optional)

If used, identify which development/subjurisdiction:

# of families % of total families Annual Turnover

Waiting list total 200 600 Extremely low income <=30% AMI 157 78.5%


39 19.5%

Low income (>50% but <80% AMI) 4 2.0%

Families with children 118 59.0% Elderly families 3 1.5% Families with Disabilities 19 9.5%

Race-White 23 11.5% Race-Black 186 93.0% Race-Asian/Other 9 4.5% Ethnicity – Hispanic 13 6.5% Characteristics by Bedroom Size (Public Housing Only)

1BR Not available 2 BR Not available 3 BR Not available 4 BR Not available 5 BR Not available 5+ BR Not available Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months)? 13 months Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes (See Administrative Plan)

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Cherry Court) Public Housing Site-Based or sub-jurisdictional waiting list (optional)

If used, identify which development/subjurisdiction: # of families % of total families Annual Turnover

Waiting list total 826 Extremely low income <=30% AMI 730 88.4%


75 9.1%



Race-White 101 12.2% Race - Black 725 87.8% Race—Asian/Other 38 4.6% Ethnicity – Hispanic 39 4.7%


1BR 826 100.0% 2 BR N/A 3 BR N/A 4 BR N/A 5 BR N/A 5+ BR N/A Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months) -Opened in September 2020 Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Highland Gardens) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




78 9.8%



Race -White 129 16.3% Race -Black 663 83.6% Race -Asian/Other 43 5.4% Ethnicity – Hispanic 54 6.8%


1BR 645 81.3% 2 BR 148 18.7% 3 BR N/A 4 BR N/A 5 BR N/A 5+ BR N/A Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months) Opened in September 2020 Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes

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Waiting list type: (select one)

Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Convent Hill) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




94 13.0%



Race -White 145 20.0% Race - Black 581 80.3% Race -Asian/Other 34 4.7% Ethnicity- Hispanic -52 7.2% Characteristics by Bedroom Size (Public Housing Only)

1BR 724 100.0% 2 BR N/A 3 BR N/A 4 BR N/A 5 BR N/A 5+ BR N/A Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months) Opened in September 2020 Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Lapham Park) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




29 10.0%



Race -White 52 18.0% Race--Black 233 80.6% Race -Asian/Other 28 9.7% Ethnicity- Hispanic 29 10.0% Characteristics by Bedroom Size (Public Housing Only)


Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Olga Village) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




16 2.42%





Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Holton Terrace) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




9 1.9%




1BR 492 100% 2 BR N/A 3 BR N/A 4 BR N/A 5 BR N/A 5+ BR N/A Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months) Opened in September 2020 Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Merrill Park) Public Housing Site-Based or sub-jurisdictional waiting list (optional)


Waiting list total 286

Extremely low income <=30% AMI 273 95.5%


9 3.2%





Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Becher Court) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




6 1.7%





Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Scattered Sites) Public Housing Site-Based or sub-jurisdictional waiting list (optional)


Waiting list total 3,693 Extremely low income <=30% AMI 2,921 79.1%


704 19.1%


Families with children 3,460 93.7% Elderly families 32 0.9% Families with Disabilities 580 15.7%

Race -White 451 12.2% Race--Black 3,343 90.5% Race -Asian/Other 165 4.5% Ethnicity- Hispanic 268 7.3% Characteristics by Bedroom Size (Public Housing Only)

1BR N/A 2 BR 2,107 57.1% 3 BR 1,200 32.5% 4 BR 325 8.8% 5 BR 61 1.7% 5+ BR N/A Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months) Opened in September 2020 Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Victory Manor) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




160 16.1%





Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Westlawn Gardens Midrise) Public Housing Site-Based or sub-jurisdictional waiting list (optional)




102 11.5%





Yes

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Section 8 tenant-based assistance Public Housing Project-Based Section 8 Site-Based (Westlawn Gardens) Public Housing Site-Based or sub-jurisdictional waiting list (optional)


Waiting list total 5,685 Extremely low income <=30% AMI 4,465 78.5%


1,058 18.6%


Families with children 3,224 56.7% Elderly families 114 2.0% Families with Disabilities 1,128 19.8%

Race -White 623 11.0% Race--Black 5,210 91.6% Race -Asian/Other 268 4.7% Ethnicity- Hispanic 379 6.7% Characteristics by Bedroom Size (Public Housing Only)

1BR 2,345 41.3% 2 BR 1,905 33.5% 3 BR 1,071 18.8% 4 BR 304 5.4% 5 BR 60 1.1% 5+ BR N/A Is the waiting list closed (select one)? No Yes If yes: How long has it been closed (# of months) Opened in September 2020 Does the PHA expect to reopen the list in the PHA Plan year? No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? No

Yes Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions:

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Detailed language regarding deconcentration and policies that govern eligibility, selection and admissions for both the low rent and Section 8 programs can be found in the Admissions and Continued Occupancy Policy (ACOP) and the Section 8 Administrative Plan. Both documents are available upon request at all administrative offices and housing development locations and on our website at www.hacm.org. HACM has made the following changes to its Admissions and Continued Occupancy Policy (ACOP) for public housing:

1. Amended Section 10.1(Preferences) to incorporate the limited homeless preference language adopted by the Board of Commissioners in June 2021

2. Amended Section 12.0 (Verification) to allow electronic form completion and use of scanned documents to verify program income, as well as allowing electronic signatures adopted by the Board of Commissioners in June 2021.

3. Amended language of 10.2 (Assignment of Bedroom Sizes) to correct language regarding live-in aides to be fully in compliance with HUD regulations and guidance

HACM has made the following changes to its Administrative Plan for its voucher programs:

1. Amended Section 12.2(Preferences) to incorporate the limited homeless preference language as well as the description of FYI and other programs for young adults aging out of foster care that were adopted by the Board of Commissioners in June 2021

2. Amended Section 15.0 (Verification) to allow electronic form completion and use of scanned documents to verify program income, as well as allowing electronic signatures adopted by the Board of Commissioners in June 2021.

3. Amended language of Section 12.3 (Assignment of Bedroom Sizes) to correct language regarding live-in aides to be fully in compliance with HUD regulations and guidance

4. Made minor modifications to language in Section 33.0 (Rental Assistance Demonstration Project-Based Voucher Policies) to be in accordance with the latest RAD guidance from HUD.

Financial Resources:

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Financial Resources:

Planned Sources and Uses Sources Planned Amount Planned Uses (for Non-Federal

funds) 1. Federal Grants

a. Public Housing Operating Subsidy (estimated)

$5,446,310

b. Public Housing Capital Fund (estimated) 7,791,782 c. HOPE VI Revitalization d. HOPE VI Demolition e. Annual Contributions for Section 8 Tenant-

Based Assistance (estimated) $32,263,405

f. Public Housing Drug Elimination Program (including any technical assistance funds)

g. Resident Opportunity and Self-Sufficiency grants

h. Community Development Block Grant i. Recovery Act Capital Funds

Other Federal Grants (list below): 2014 Replacement Housing Fund (RHF) 0 2015 Replacement Housing Fund (RHF) 0 2016 Replacement Housing Fund (RHF) 0 2015 Choice Neighborhood Implementation $3,694,432

2. Prior Year Federal Grants (unobligated funds only –list below)

Capital Fund Program (CFP) 2016 Fully obligated Capital Fund Program (CFP) 2017 Fully obligated Capital Fund Program (CFP) 2018 $75,386 Capital Fund Program (CFP) 2019 $2,264,144 Capital Fund Program (CFP) 2020 $46,024 Capital Fund Program (CFP) 2021 7,791,782

3. Public Housing Dwelling Rental Income $9,135,178

4. Other Income (list below): Section 32 Sales -0- Homeownership Investment income $2,500 Operations Miscellaneous income $599,255 Operations

5. Non-Federal Sources (list below) HACM-owned Housing $7,851,471 Operations Investment income $160,000 Operations Miscellaneous $2,143,150 Operations Total Resources $79,264,819 Rent Determination:

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No changes. Detailed language regarding rent determination for both the low rent and Section 8 programs can be found in the Admissions and Continued Occupancy Policy (ACOP) and the Section 8 Administrative Plan. Both documents are available upon request at all administrative offices and housing development locations.

Operation and Management:

The following is a list of HACM’s public housing management and maintenance policy documents, manuals and handbooks that contain HACM’s rules, standards, and policies that govern maintenance and management of public housing, and the polices governing Section 8 management:

• HACM Admissions and Continued Occupancy Policy • HACM Section 8 Administrative Plan • HACM Rent Assistance Program Office Policies • HACM Employee Handbook • HACM Procurement Policy • HACM Snow Plan • HACM Eviction Resource Guide • HACM Emergency Preparedness Handbook • HACM Pest Control Extermination Notice to Residents • HACM Resident Handbook • HACM Assistance Animal

Grievance Procedures:

No changes. HACM’s Grievance Procedure is provided to assure that any Housing Authority resident has the opportunity for a hearing if that resident disputes within a reasonable time any HACM action or failure to act which involves that resident’s lease with the HACM or any HACM regulations which adversely affect that individual resident’s rights, duties, welfare, or status. The policy document is available upon request at all administrative offices and housing development locations. The Section 8 Rent Assistance Program gives participant families an opportunity for an informal hearing to consider whether RAP decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations, and RAP policies. The informal hearing is detailed in Section 22 of the Section 8 Administrative Plan.

Homeownership Programs:

Section 32 Homeownership: HACM has approval from HUD to administer a Section 32 Homeownership program, assisting low income persons (both those living in public housing as well as those who are not living in public housing but are eligible for it (with an income under 80% of Area Median Income). Participants must be a first time home buyer, must have earned income of at least $15,000/year, must attend homeownership counseling classes and must not owe child support or any state or local authority. Additional information regarding the homeownership program is available at all administrative offices and housing development offices.

In August 2008, HUD approved an amendment to the Section 32 plan to include sale of an additional 40 units from its scattered sites inventory (including AMPs WI002000010P, WI002000016P, WI002000060P, WI002000061P, and WI002000063P). As of 4/2/2021, 17 of those units had been sold. HACM has approval to sell 23 more units under its current approval. During 2021, HACM has formed a partnership with ACTS Housing who will identify pre-approved buyers that are Section 32 eligible participants interested in purchasing a scattered site under the Section 32 program. Section 8(y) Homeownership Program: HACM also administers a Section 8(y) Homeownership Program. The Section 8(y) program assists HACM Housing Choice Voucher program participants in converting their housing voucher towards a mortgage payment instead of a rent payment. Similar eligibility criteria exist, with an additional

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requirement that participants maintain minimum earned income requirements in order to continue mortgage subsidy. Participants must maintain an earned income level of $15,000 per year in order to continue receiving mortgage subsidy. Since December 11, 2001, 266 vouchers have been converted from rental to ownership. Westlawn Choice Neighborhoods Implementation (CNI): As part of the Choice Neighborhood Implementation grant , HACM had also included 50 Homeownership units to be sold to eligible participants as part of the housing plan.

Community Service and Self-Sufficiency Programs:

HACM has more than 30 years’ experience in building innovative and award-winning partnerships with economic development and supportive service agencies. HACM’s approach to community and supportive services programming has produced positive results for residents. HACM’s programming has received numerous awards and recognition from a wide variety of organizations in recent years, including: • The “Innovations in American Government Award” from the Ford Foundation and Harvard University’s JFK

School of Government, for HACM’s service-enriched programming at the Lapham Park elderly high-rise in 2000 (finalist) and for the Central City Cyberschool in 2001 (semi-finalist);

• Three Awards of Merit from NAHRO for HACM’s family self-sufficiency program, its drug abatement partnership with local police, and the Lapham Park high-rise programming;

• “Best Practice Awards” from the U.S. Departments of Housing and Urban Development and Health and Human Services, for its enhanced services to elderly residents and its self-sufficiency programming at Hillside Terrace;

• The 2004 National Social Advocacy Award from the American Planning Association and the 2007 Award for Municipal Excellence (Gold) for large cities from the National League of Cities for HACM’s Lapham Park elderly high-rise programming; and

• The 2005 World Leadership Award in the category of “Housing” presented in a ceremony at the Royal Courts of Justice in London, UK.

• The 2015 Bright Ideas recognition from the Ash Center for Democratic Governance and Innovation at the J.F. Kennedy School of Government, Harvard University, for the HACM Education Initiative.

HACM partners with a number of community organizations to provide services for residents that assist and support them and their families. Services that are available for public housing residents include: Day Care: HACM has three licensed day care/Head Start providers on-site in our public housing family developments (Tomorrow’s Future Early Childhood Center at Hillside, Day Care Services for Children at Parklawn, and Silver Spring Neighborhood Center at Westlawn Gardens). Youth Services: Youth-serving agencies are on-site in two developments (a Boys & Girls Club at Hillside and the Silver Spring Neighborhood Center at Westlawn Gardens). These agencies provide a comprehensive array of recreational, educational and leadership programs for youth, both after-school and during the summer. Education: HACM has two schools on-site in family public housing developments. The Central City Cyberschool is a public charter school (chartered by the City of Milwaukee) that serves up to 400 students in grades K4 to 8th grade and is located at the Parklawn development. For the 2019-20 school year, the Cyberschool is also starting a high school program in Parklawn. Attached to the Silver Spring Neighborhood Center (SSNC) in Westlawn Gardens, the Browning Elementary School is a Milwaukee Public School (MPS) that serves children in grades K4 through the 5th grade. HACM Educational Initiative: Since 2005, the HACM Education Initiative has sought to improve school attendance and educational achievement among youth in two public housing developments: Highland Homes and Scattered Sites. The Education Specialist works with the children to ensure they attend school every day, links them to

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community learning centers and tutoring programs, and helps reduce barriers to their success in school. The Education Specialist also works one-on-one with parents to develop an educational achievement plan for each child. Adult Education: HACM partners with community organizations to provide GED preparation and adult basic education training on-site in two developments. Milwaukee Area Technical College (MATC) provides GED and adult basic skills training at Hillside and at Westlawn Gardens through the Silver Spring Neighborhood Center. HACM also partners with the Adult Learning Center for adult basic education. Scholarships: Public housing residents are eligible to apply for scholarships for higher education of up to $2000 per year from HACM. Employment/Economic Self-Sufficiency: HACM’s programs in economic self-sufficiency will be discussed in more detail in (2) below. Healthcare: HACM currently has two health clinics located in public housing developments. Located on the 2nd floor of the Hillside Family Resource Center, the Westside Healthcare Association’s Hillside clinic is a federally qualified health center that provides a variety of primary care health care services to low-income families and individuals in Milwaukee. The University of Wisconsin-Milwaukee School of Nursing operates a clinic in the Silver Spring Neighborhood Center at Westlawn that provides health information and wellness services. Services at both clinics are available to residents free or on a sliding fee scale.

Services for Seniors and Persons with Disabilities: Since 1993, HACM has partnered with a nonprofit organization to serve residents in our highrise developments that are designated for seniors and persons with disabilities Formerly, it was SET Ministry from 1993 to 2017, then UNISON from 2017-2018, and now Lutheran Social Services of Wisconsin and Upper Michigan (LSS) provides service coordination services. Every year, more than 1,300 residents in Milwaukee’s public housing are assisted by social workers that assist residents by assessing their needs, assessing eligibility for programs and services that are needed by the resident, and linking the resident into those services.

Senior Meal Program: For seniors 60 and older, the Milwaukee County Department on Aging has 27 meal sites that serve a hot lunch Monday through Friday at 11:30 a.m. Four meal sites are currently located in HACM highrise developments in their community rooms (Arlington Court, College Court, Convent Hill and Lapham Park). Neighborhood Network Centers: HACM currently has six Neighborhood Network Centers (community computer centers) located at: Townhomes at Carver Park 650 W. Reservoir Ave. Hillside Terrace 1452 N. 7th Street Highland Gardens 1818 W. Juneau Ave. Cherry Court 1525 N. 24th Street Convent Hill 455 E. Ogden Ave. Westlawn Gardens (in Silver Spring Neighborhood Center) 5460 N. 64th Street Each Neighborhood Network Center offers a differing variety of programs, including: adult basic skills education and GED preparation; computer skills classes (basic computer skills, how to use Microsoft Word, Excel, PowerPoint, how to use email and/or the internet); assistance in job search; and other adult and youth programming. In addition, there are times scheduled for open labs when seniors, adults and youth can use the lab as they wish. There are monthly schedules of classes and activities for each Neighborhood Network Center.

FSS program: HACM has a current Public Housing Family Self Sufficiency program (FSS) to serve up to 50 public housing households and a Housing Choice Voucher FSS program to serve up to 100 households. The FSS Case Manager work with these participants to review the program goals and requirements, sign the participation contract, and develop and implement their individualized plan. Increases in earned income that impact rent may result in the

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rent increase deposited into an FSS escrow account for the resident. The FSS Case Managers work with any residents who request assistance or are referred by their managers. They will first conduct an individualized assessment to help a resident identify their interests, skills, goals, barriers, and needs. The resident and the Case Manager will then plot out a strategy to help the resident find a job or obtain a better job. The Case Manager will also refer the resident to other services available in the community that are needed to help them with job search, such as G.E.D. preparation courses, driver’s education, resume assistance, interview skills, job training, and other skills to help employability Choice Neighborhood Case Managers: HACM currently has six case managers funded through a Choice Neighborhood Initiative (CNI) grant for Westlawn Gardens CNI. These case managers assist CNI households before, during and after relocation in all supportive service needs of the household, related to education, employment and healthcare. They first conduct an individualized assessment to help a resident identify their interests, skills, goals, barriers, and needs. The resident and the Case Manager will then plot out a strategy to help the resident find a job or obtain a better job. The Case Manager will also refer the resident to other services available in the community that are needed to help them with job search, such as G.E.D. preparation courses, driver’s education, resume assistance, interview skills, job training, and other skills to help employability. The case managers will also assist their families with the children’s education, ensuring children are attending school, graduate high school and are connected to resources to assist them in their education.

Jobs Plus (Hillside Works!): Under the 4 year Jobs Plus grant from HUD for Hillside Terrace, HACM is implementing a Jobs Plus model at Hillside. At Hillside, the model is called Hillside Works! The three core elements of the Jobs Plus program are:

1. Employment-Related Services—Assessment, case management, linkages to services (Job Coaches) 2. Community Supports for Work—Saturate communities with work-related messages and to mobilize resident

networks and create a culture of work (Community Coaches) 3. Financial Incentives to Work –Participants that enroll are granted 100% disregard of increased earnings from

work in their rent calculations after enrollment during the grant period

TANF Agencies: HACM case managers work closely with the TANF agencies in Milwaukee (W-2 agencies in Wisconsin) that serve residents eligible for such services: ROSS Innovative Employment Solutions, America Works of Wisconsin, UMOS and Maximus. Employ Milwaukee: HACM is a close partner with Employ Milwaukee, the local workforce investment agency, and has a Memorandum of Agreement with the agency. Residents are referred to and utilize the One-Stop Job Centers operated by Employ Milwaukee and also take advantage of job training opportunities if the residents are eligible for WIOA training (Workforce Innovation and Opportunity Act).

Section 3: In compliance with regulations, HACM makes every effort to hire internally and to require contractors to hire public housing residents and other Section 3 persons to the greatest extent feasible. In addition, HACM ensures that prime contractors awarded Section 3 covered contracts subcontract with Section 3 business entities to the greatest extent feasible. In January 2014, HACM created a Section 3 Coordinator position to assist in ensuring compliance with the Section 3 regulations. In August 2014, HACM entered into a Voluntary Compliance Agreement (VCA) with the U.S. Department of Housing and Urban Development (HUD) regarding Section 3. HUD and HACM entered into this VCA for the purpose of improving HACM’s policies, procedures and compliance with Section 3. As part of the VCA, HACM developed a revised Section 3 Plan. In late 2018, HACM completed its VCA agreement with HUD. HACM helps to link public housing residents and other Section 3 persons with training and employment opportunities whenever possible and does significant outreach to residents to notify them about the availability of such opportunities, through monthly resident meetings, quarterly resident employment newsletters, and through their case managers. HACM leverages training through community resources, such as the Employ Milwaukee (WIOA training), Wisconsin Regional Training Partnership, Milwaukee Area Technical College, and the Milwaukee

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Community Service Corps. The training provided by these agencies helps residents compete successfully for employment in the building trades. In September 2020, HUD issued a final rule to revise the regulations that govern Section 3. During 2021, HACM is revising its Section 3 Plan and policies to be in compliance with the new Section 3 regulations. Once a new Section 3 plan has been developed, HACM will educate contractors on the new regulations. Youthbuild: Working with the Milwaukee Builds program of Employ Milwaukee (formerly the Milwaukee Area Workforce Investment Board), HACM trains a crew of YouthBuild participants in the construction trades with a focus on young adults living in public housing or in the rent assistance program. Through YouthBuild, members can receive hands-on construction training and work on preparing for their GED. The average number of participants trained by HACM per year is 10-12 participants. HACM also partners with the two other YouthBuild training programs in Milwaukee (Northcott and Milwaukee Christian Center) by referring other interested residents to their programs. In addition, HACM has had a long-term partnership with the Milwaukee Community Services Corps (MCSC), which provides training and job opportunities for young adults ages 18-24 who are interested in construction work but lack job experience. MCSC was established in 1991 as an Urban Corps Expansion Site and has HUD Step-Up designation. HACM has worked closely with MCSC since 1992 to provide training and job opportunities for at-risk young adults.

Job Training: After the assessment by the Resident Employment Case Manager, HACM may refer residents to job training through a number of community agencies, including but not limited to: Employ Milwaukee (WIA training), Wisconsin Regional Training Partnership (WRTP)/Big Step, Milwaukee Area Technical College (MATC), 4Cs (Child care training), and other training programs.

@Promise Program: HACM also operates a program to train residents in administrative skills through a program called the @ Promise Program, administered by HACM’s Human Resources Department. Selected residents attend a short-term job skills boot camp training and afterwards are hired by HACM for a two-year part-time job. At the same time, they are offered financial assistance towards their college degree or an Administrative Specialist Associates Degree. Financial Literacy program/Individual Development Accounts (IDAs): Since 1989, Wisconsin Women’s Business Initiative Corporation (WWBIC) has been offering quality business education, technical assistance, and access to capital to women, minorities, and low-income individuals pursuing entrepreneurship and business development as a means of self-sufficiency and economic independence. WWBIC trains, counsels, advises and mentors start-up entrepreneurs, small businesses and micro-businesses throughout Wisconsin. WWBIC offers a number of classes on how to start a business, and WWBIC has also been a leader in microcredit in Wisconsin, helping to provide access to capital to women, people of color and low income individuals. WWBIC also offers other programs, such as their personal money management program, Make Your Money Talk, a six-session series covering such topics as creating a personal budget, developing a savings plan, and dealing with past and future credit. Graduates of the program can open an Individual Development Account (IDA), a special savings account where WWBIC will match the participant’s savings $8 for every $1 saved, with a maximum account level of $500 in actual participant savings and total with match of $4,500. The IDA’s can be used to start a small business, purchase a first home, or further a person’s education.

Lease Addendum: In HACM’s HOPE VI developments (Hillside Terrace, Parklawn, Townhomes at Carver Park, Highland Homes, and Scattered Sites) and at Westlawn Gardens, residents sign a lease addendum that requires them: (1) unless disabled, to have a self-sufficiency plan and work with HACM staff to achieve the goals outlined in the plan; (2) to attend at least 6 of the 12 resident council meetings each year, and (3) cooperate with HACM in assessing and addressing the educational achievements and needs of their children. To the greatest extent possible and practical, the HACM will provide names and contacts at agencies that can provide opportunities for residents, including disabled, to fulfill their Community Service obligations (according the QHWRA,

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a disabled person who is otherwise able to be gainfully employed is not necessarily exempt from the Community Service requirement). HACM will also provide in-house opportunities for volunteer work or self sufficiency programs. HACM will provide the family with exemption verification forms and recording/certification documentation forms and a copy of the policy at initial application and at lease execution. HACM will make the final determination as to whether or not a family member is exempt from the Community Service requirement. Residents may use the grievance procedure if they disagree with the determination. At lease thirty (30) days prior to annual re-examination and/or lease expiration, HACM will begin reviewing the exempt or non-exempt status and compliance of family members. If a family member is found to be noncompliant, HACM will enter into an agreement with the noncompliant member and the head of household to make up the deficient hours over the next twelve (12) month period. If, at the next annual re-examination, the family member still is not compliant, the lease will not be renewed and the entire family will have to vacate, unless the noncompliant member agrees to move out of the unit. The family may use the grievance procedure to protest the lease termination.

Safety and Crime Prevention:

There are no changes to this section. Annually, the Housing Authority’s Public Safety section responded to about 10,000 calls for service from residents. While the majority of these calls were responding to alarms (building alarms, fire and smoke alarms, and medical pull-cord alarms in our developments) or for quality of life issues (noise, neighbor disputes, vandalism, etc.), these calls also included a number of complaints about drugs, gun offenses, loitering/prowling, and battery and/or domestic violence. To reduce crime and maintain safety in public housing developments, the Housing Authority of the City of Milwaukee (HACM) created a Public Safety section in the early 1990s. The mission of HACM’s Public Safety is to enhance the quality of life for residents living in public housing, by working cooperatively with residents, staff, the public and other law enforcement agencies to preserve the peace, reduce crime and provide for a safe, drug-free environment in which to live, work and raise families. The Public Safety Department has a staff of 20 full-time employees who provide service 24 hours, 365 days a year. Public Safety Dispatchers staff a communication center 24 hours a day. In addition to fielding calls for Public Safety, the Communication Center answers calls for emergency maintenance and other Housing Authority services. In 2016, the Public Safety Department responded to more than 10,000 calls for service, including building and fire/smoke alarms. Public Safety Specialists patrol developments on foot, bicycles, and marked motor vehicles. Specialists also monitor building surveillance equipment and respond to medical and burglar alarms. Public Safety staff works closely with residents to ensure their safety concerns are addressed. Public Safety Officers attend each of the monthly Resident Organization meetings, and officers have daily contact with Housing Authority managers and residents. Residents, managers, and Public Safety Officers discuss any crime and safety concerns within their developments. Crime prevention measures and intervention strategies are discussed and implemented. Residents are encouraged to call Public Safety to report problems or suspicious activities as soon as they are observed.

In collaboration with the City Attorney’s Office and the Milwaukee Police Department (MPD), Public Safety has closed hundreds of drug houses operating in public housing developments. Public Safety has issued more than 200 currently active “no trespassing orders” to individuals which bars them from all Housing Authority property. These no-trespass orders are issued to all persons evicted from public housing and is an effective deterrent in excluding known drug dealers and users from public housing.

Public Safety works closely with MPD’s vice squad on drug activity at the housing developments. Staff respond to drug complaints from residents and investigate the complaint. If Public Safety staff can substantiate the complaint, they will obtain “intelligence” for MPD so that a search warrant can be obtained. The intelligence gathered by the investigators include physical descriptions of the drug dealers, aliases used, hours of operation, level of sophistication of the operation, weapons used, descriptions of cars (dealers and customers), types of customers, and types of drugs sold. MPD uses this information to obtain a search warrant, and search warrants are executed jointly between MPD

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and Public Safety. At the time the warrants are executed, MPD secures the units, makes the arrests and secures all the evidence. Public Safety enters the unit once the unit has been secured, photographs all the evidence seized, and documents all persons who are arrested, and immediately serves them with a no trespass notice, banning them from all of HACM’s developments and property. This information is then used to begin “One Strike, You’re Out” eviction proceedings which removes illegal drug users and dealers from public housing occupancy. This initiative received a City of Milwaukee, Innovation in City Government award in 1998, and was selected as a 1998 Merit Award winner by the National Association of Housing and Redevelopment Officials. The vast majority of Public Safety’s work is responding to service calls from residents. Public Safety tracks all service calls received, aggregating them into key indicators which provide a standard measure of residents’ concerns. These service call indicators provide feedback about concerns that are being address and which are escalating, requiring other interventions. The quality of life problems that are precursors to drug, gang and serious criminal activity are unabated noise complaints, loitering, disorderly conduct, panhandling, vandalism and trespassing. Public Safety responds aggressively to these complaints so that quality of life issues do not escalate into the more serious problems of domestic violence, prostitution, drug activity, gang activity and robberies. Public Safety is responsible for patrolling the interior of the high-rise developments, parking lots, common areas and community buildings. High visibility of Public Safety is maintained through uniforms and marked vehicles which provide a visual deterrent to criminal behavior. Saturated patrols are used to patrol crime “hot spots.” In 1999, Public Safety received the authority to issue city of Milwaukee parking tickets to vehicles parked illegally on HACM property. This added authority permits HACM to enforce parking regulations by keeping nuisance vehicles out of parking lots, and keeping fire lanes open for emergency vehicles.

The Chief of Public Safety is responsible for coordinating HACM’s Public Safety efforts with those of other law enforcement agencies. As such, the Chief of Public Safety meets and communicates regularly with the Milwaukee Police Department, shares intelligence information relative to drug and gang activity, and is involved in the coordination of the execution of search warrants.

In addition, Public Safety staff meets regularly with the Milwaukee Police Department and other area law enforcement agencies to exchange information and work cooperatively to provide a safe, secure, and enjoyable environment for all residents. Public Safety staff attend monthly meetings with Police officials and Probation & Parole staff at each district. The Chief of Public Safety is a member of the Homicide Review Commission which meets monthly and was created by Mayor Barrett to try and find ways to reduce homicides. The Chief of Public Safety is also a member of the Milwaukee County Law Enforcement Executives Association (MCLEEA) which meets monthly. The primary purpose of MCLEEA is to foster cooperation among Law Enforcement Administrators within Milwaukee County. The Housing Authority’s Public Safety staff has an excellent working relationship with other law enforcement agencies and has signed Memorandums of Agreement (MOAs) with the Milwaukee Police Department (MPD), Milwaukee Sheriff’s Department, U.S. Attorney General’s Office Department of Justice Eastern District of Wisconsin, the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), U.S. Marshal Service, and the State of Wisconsin Department of Corrections – Probation and Parole.

The Violence Against Women Act (VAWA) requires PHAs to describe any goals, objectives, policies, or programs that enable the PHA to serve the needs of victims of domestic violence, dating violence, sexual assault, or stalking. The Housing Authority of the City of Milwaukee (HACM) is committed to full compliance with the Violence Against Women Act (VAWA) (1994, 2005 Reauthorization, 2008 Conforming Amendments, and 2013 Reauthorization). It is our objective to work with others to prevent the types of victimization covered by VAWA to the greatest extent possible and to affirmatively further fair housing. After the 2005 Reauthorization of VAWA, HACM staff and legal counsel consulted with victim advocates in the drafting, revising, and implementation of policy language changes. At that time, HACM worked with advocates from Task Force on Family Violence, American Civil Liberties Union and Legal Action of Wisconsin to incorporate the

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provisions of VAWA into its Low Rent lease, Admissions and Continued Occupancy Policy (ACOP), Resident Handbook and Section 8 Administrative Plan. The HACM Board of Commissioners adopted the provisions of VAWA at its September 19, 2007 meeting. HACM has continued to review and update its provisions related to VAWA in both the ACOP and the Section 8 Administrative Plan, based on changes in law and regulations. In 2018, changes were made to adopt an Emergency Transfer Policy” and to make related changes in both ACOP and the Section 8 Administrative Plan. In addition to the review and amendment of VAWA language in our policies, HACM also recently made modifications to the Notice of Occupancy Rights under VAWA , and will continue to offer the Notice, along with the certification form and the “You Are Not Alone” pamphlet put out by the Milwaukee Commission on Domestic Violence and Sexual Assault or similar information, to all applicants at the time of eligibility and suitability review for housing, to those who are denied assistance, at the time an individual is admitted, and with any notification of eviction or notice of termination of assistance. Additionally, HACM sends a notice regarding VAWA rights to all property owners participating in the Housing Choice Voucher program. HACM also has a Social Worker and Case Managers on staff and also works with a nonprofit service provider (SET Ministry) in a number of its developments for seniors or persons with disabilities. Each of these individuals offers case management services to those in need, and they occasionally work with victims of domestic violence, dating violence, sexual assault, or stalking. HACM collaborates and makes referrals to a number of public and nonprofit agencies that provide activities, services and programs to assist and support victims of domestic violence (many of them listed in the “You Are Not Alone” brochure), including 24-hour crisis help lines, shelters, counseling services, child abuse services, and medical and legal support. HACM also is a sponsor of the Milwaukee Fatherhood Initiative, which addresses domestic violence in some of its trainings to fathers such as “Nurturing Fathers.” During 2015, HACM provided updated training for staff and various partners, including: those responsible for determining an applicant’s eligibility for housing; those at the housing developments responsible for overseeing resident continued occupancy; Housing Choice Voucher staff; social workers and case managers; and public safety staff involved in intervention. The training will educate staff on the provisions of VAWA; how to obtain information needed from the applicant/resident who is seeking protection under VAWA; and on resources and services available in the Milwaukee area for victims of such violence. Resident Advisory Board members and other key resident leaders will also receive training on how to help victims get connected with services when an actual or threatened domestic abuse incident occurs. In 2017, HACM trained property managers and others managers on updated VAWA forms and policies.

Pet Policy

No changes. Residents of public housing developments that are exclusively for the elderly, handicapped, or disabled persons are permitted to keep pets with written permission from HACM. The privilege may be revoked at any time subject to HACM’s grievance procedure if the animal becomes destructive, a nuisance, or a health or safety hazard to the other residents. For family public housing developments, dogs and cats are permitted only in the single-family scattered site homes. Details of the HACM pet policy are available at all administrative offices and housing development offices.

Asset Management

No changes. The HACM will continue to maintain compliance with the Asset Based Management regulations. The continued underfunding in operating subsidy resulted in an operating deficit for most of the AMP units. We will continue to evaluate the impact of the Resiliency Plan implemented in 2015 on the delivery of services and the long-term fiscal sustainability of the AMPs. Automated information systems are in place to provide executive management and property managers with online-real time reports that can be used to effectively manage the AMPs. In addition, management will continue to conduct operational reviews in some of our core business processes to increase efficiency and reduce operating cost.

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The HACM will continue to use 20% Capital fund Program (CFP) to supplement operating subsidy and will request waiver to use CFP to pay for public safety operations. CFP will also be used for comprehensive employee training and development, eligible resident services activities, eligible resident self-sufficiency programs, and continued implementation of Section 3 opportunities. HACM expects to use CFP and other private and federal grants for construction of new units, major rehabilitation, energy efficiency, and to address long-term deferred maintenance items on the properties. In conjunction with the planned conversion under the Rental Administration Demonstration (RAD) program, HACM will evaluate the fiscal and physical viability of each AMP under the Public Housing Portfolio for effective repositioning.

Substantial Deviation/Significant Amendment HACM may amend or modify any policy, rule, regulation, or other aspect of the 5-year and/or Annual Plan. The Quality Housing and Work Responsibility Act of 1998 does not require an annual update of the 5-Year Plan, but does require that public housing authorities explain any “substantial deviation” from the 5-Year Plans in their Annual Plans. A substantial deviation can include:

a) A change or changes to the 5-year goals or objectives that are substantial but do not rise to the level of a “significant amendment” (such as the modification or elimination of a specific objective or minor program while retaining the overall strategic goal and accomplishing it through other objectives).

b) Additions of a Capital Fund project or non-emergency work items that are not included in the current Annual Statement or 5-year Action Plan in an amount less than $1,000,000;

c) Or changes in the use of replacement reserve funds under the Capital Fund program in an amount less than

$1,000,000; As part of the Rental Assistance Demonstration (RAD), the Housing Authority of the City of Milwaukee is redefining the definition of a substantial deviation from the PHA Plan to exclude the following RAD-specific items:

a) The decision to convert to either Project Based Rental Assistance or Project Based Voucher Assistance;

b) Changes to the Capital Fund Budget produced as a result of each approved RAD Conversion, regardless of whether the proposed conversion will include use of additional Capital Funds;

c) Changes to the construction and rehabilitation plan for each approved RAD conversion; and

d) Changes to the financing structure for each approved RAD conversion.

A “significant amendment or modification” to its 5-Year plan and/or Annual Plan is a change in policy that significantly and materially alters HACM’s stated mission, goals, objectives and activities as stated in the Plan. If a change is considered a significant amendment or modification to the 5-Year Plan or to the Annual Plan, it must undergo a public process that includes consultation with the Resident Advisory Board; public notice and public comment period; a public hearing, and approval by HACM’s Board of Commissioners; and submission to and approval by HUD. Significant amendments are defined as including the following:

a) A change that materially revises the agency’s mission, goals, or objectives;

b) Material changes to rent or admissions policies or organization of the waiting list;

c) Additions of a Capital Fund project or non-emergency work items that are not included in the current Annual Statement or 5-year Action Plan in an amount equal to or greater than $1,000,000, excluding projects arising out

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of federally-declared major disasters; acts of God beyond the control of the Authority, such as earthquakes, fires, and storm damage; civil unrest; or other unforeseen significant event;

d) Changes in the use of replacement reserve funds under the Capital Fund program in an amount equal to or greater

than $1,000,000;

e) Material changes in regard to demolition, disposition, designation, homeownership, capital fund financing, development, mixed financing proposal or conversion activities;

f) Any other event or activity that the Authority’s Board of Commissioners determines to be a significant

amendment to the approved 5-Year Plan or Annual Plan.

B.2 New Activities HOPE VI or Choice Neighborhoods: No new activities. In 2021 or subsequent years, whenever deemed feasible, HACM intends to apply as applicant or co-applicant for CNI Implementation grant to transform the Near West Side neighborhood, with College Court (WI002000011), other HACM AMPs and/or any other assisted housing developments for families not owned by HACM in the area as target housing developments. Marquette University previously was awarded an FY 2018 Choice Neighborhood Planning grant for the Near West Side neighborhood to develop a transformation plan. College Court (WI002000011) has 251 public housing units that are designated as mixed (designated for seniors and persons with disabilities. Mixed Finance Modernization and Development:

HACM will continue to submit for future phases of Westlawn Development and for the AMPs identified in the RAD conversion program. Current award statuses include:

• Holton Terrace (2018 9% Low Income Housing Tax Credit award) estimated completion December 2020

(120 units).

• Merrill Park (2019 9% Low Income Housing Tax Credit award) had its financial closing in December 2019 with an estimated completion December 2021 (120 units).

• Becher Court (2019 9% Low Income Housing Tax Credit award) had its financial closing in June 2020

with an estimated completion December 2021(120 units).

• Westlawn Renaissance VI (2019 4% Low Income Housing Tax Credit award) had its financial closing in April 2020 with an estimated completion December 2021 (138 units).

• Westlawn Renaissance IV (2020 9% Low Income Housing Tax Credit award) has its financial closing in

December 2020 with estimated completion March 2022. • Westlawn Renaissance V for 44 units, including 20 reserved for youth aging out of foster care (2021 9%

Low Income Housing Tax Credit award) has its projected closing in March 2022 with an estimated completion date of December 2023.

• Westlawn Renaissance VII for 97 units (2021 4% Low Income Housing Tax Credit award) has its projected closing in April 2022 with an estimated completion date of December 2023.

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• Townhomes at Carver Park (122 total units, 102 of them tax credit) (2021 9% Low Income Housing Tax Credit award) has its projected closing in March 2022 with an estimated completion date of December 2023.

In late 2021 or in 2022 , HACM intends to submit to the Wisconsin Housing & Economic Development Authority (WHEDA) the following applications for Low Income Housing Tax Credits to continue mixed finance modernization and development:

• Highland Gardens (114 units) • Cherry Court

Demolition and/or Disposition: Potential disposition activities (other than already described under the RAD section) that HACM intends to submit for approval by the U.S. Department of Housing & Urban Development shall include the following:

Disposition of community buildings at Parklawn to Central City Cyberschool (AMP WI002000007): Discussions continue between HACM and the Central City Cyberschool about the purchase of the facilities used for their day care, elementary and high school. The discussions are in progress and terms have not yet been finalized. Disposition of Vacant Land at 6001 West Silver Spring Avenue for Market Value (AMP WI002000002): HACM is continuing discussions with a potential private buyer regarding the sale/disposition by HACM of .532 acres of vacant land on the northeast corner of Westlawn Gardens, at 6001 West Silver Spring Drive 60th Street and Silver Spring Drive, for retail/commercial purposes. The proposed use is in compliance with the general plan development for Westlawn Gardens and the sale shall be at appraised value for the property. Disposition of Vacant Lots (AMPs WI002000010—Scattered Sites Milwaukee; WI002000016—Scattered Sites North & West; WI002000060—Highland Homes; WI002000061—Scattered Sites South; and WI002000063—Cherry Court Scattered Sites): HACM owns approximately 75 vacant lots in the City of Milwaukee. HACM is exploring the potential sale/disposition of these lots back to the City of Milwaukee or to some other entity. Disposition of Scattered Sites units (AMPs WI002000010—Scattered Sites Milwaukee; WI002000016—Scattered Sites North & West; WI002000060—Highland Homes; WI002000061—Scattered Sites South; and WI002000063—Cherry Court Scattered Sites): HACM owns approximately 350 scattered sites homes. HACM is exploring the potential sale/disposition of scattered sites homes under Section 18. As recommendations are made, HACM will follow the Section 18 requirements on resident and local government consultation.

Designated Housing for Elderly and/or Disabled Families: No new activities. Conversion of Public Housing to Tenant-Based Assistance: No new activities. Conversion of Public Housing to Project-Based Assistance under RAD: As of July 2021, HACM has RAD CHAP authority under a Portfolio Award for the following properties:

AMP Property Office Address Units Type WI002000046 CARVER PARK, LLC 1901 N. 6th Ave. 51 PBV WI002000070 WESTLAWN 6419 W. Custer Ave. 394 PBV

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The Housing Authority of the City of Milwaukee (HACM) is working to transform the Westlawn Gardens neighborhood into an inclusive community of opportunity with quality housing, schools, businesses, services and amenities where people want to live, learn, work, shop and play. HACM received a Choice Neighborhoods Implementation (CNI) grant in 2015 from the U.S. Department of Housing and Urban Development (HUD) to revitalize the housing formerly known as Westlawn West under the Rental Assistance Demonstration (RAD) Program. The 394 Public Housing units at Westlawn West were demolished between 2016- 2017 and HACM has been rebuilding new units in phases. In 2021, HACM added an election of what HUD refers to as a “de minimis reduction” to convert 5% (20 units) of replacement RAD project-based voucher units at Westlawn West into regular project-based voucher units. This means there will be no reduction of the total number of subsidized units. HACM is considering this option because the subsidy income from regular project-based voucher units is higher than that from RAD project-based voucher units. Like many other public housing authorities nationwide, HACM is facing budget challenges and we need to seek the highest subsidy in order to maintain the housing development. HACM may submit RAD Applications in the future for the following AMPs:

AMP Property Office Address Units Type WI002000013 ARLINGTON COURT 1633 N. Arlington Pl. 230 PBV WI002000017 MITCHELL COURT 2600 W. National Ave. 100 PBV WI002000007 PARKLAWN 4434 W. Marion St. 380 PBV WI002000062 RIVERVIEW 1300 E. Kane Place 180 PBV WI002000010 SCATTERED SITES - DEMO 5003 W. Lisbon Ave. 61 PBV

WI002000016 SCATTERED SITES N & WEST 5003 W. Lisbon Ave. 144 PBV

WI002000061 SCATTERED SITES- SOUTH P.O. Box 772 64 PBV

WI002000011 COLLEGE COURT 3334 W. Highland Blvd. 251 PBV

WI002000001 HILLSIDE 1419 N. 8th St. 470 PBV WI002000019 LINCOLN COURT 2325 S. Howell Ave. 110 PBV WI002000015 LOCUST COURT 1350 E. Locust St. 230 PBV WI002000017 MITCHELL COURT 2600 W. National Ave. 100 PBV

WI002000060 SCATTERED SITES - HHOMES 1818 W. Juneau Ave. 56 PBV

WI002000063 SCATTERED SITES- CHERRY 1525 N. 24th St. 70 PBV

WI002000016 SCATTERED SITES N & WEST 5003 W. Lisbon Ave. 144 PBV

Occupancy by Over-income Families – No new activities. Occupancy by Police Officers – No new activities. Non-Smoking Policies: No new activities. In accordance with HUD’s final rule on “Instituting Smoke-Free Public Housing” and HUD Notice PIH 2017-3, HACM instituted a new non-smoking policy in 2018 prior to HUD’s deadline of July 31, 2018. The new policy was developed, approved and distributed with an effective date of July 1, 2018.

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Project-Based Vouchers: Consistent with HACM’s plan to increase affordable housing units, HACM may project-base Housing Choice Vouchers for units owned by the Authority, in joint venture with private developers or solely for other private developers intending to create new affordable housing units. HACM will follow applicable regulations in the issuance of these vouchers. Marquette University and Near West Side Partners (NWSP) have been working on a transformation plan under a Choice Neighborhood Planning grant during 2019-2021. HACM is working with the City of Milwaukee, Near West Side Partners and Marquette University on possible Choice Neighborhood Implementation (CNI) grant in the future. The Housing Plan, an output of the Planning Grant, includes a goal to, “…Replace severely distressed public and assisted housing with high-quality mixed-income housing that is well-managed and responsive to the needs of the surrounding neighborhood…”. HACM is planning to issue a Request for Proposals for Project-Based Vouchers from property owners and/or developers who would like to attach federal subsidies for new construction or existing unsubsidized units, which could include housing being rehabbed or adaptive reuse of existing structures for residential housing developments eligible for project based vouchers, to support the Near West Side Partners (NWSP) Housing Plan. It is expected that the proposed projects in response to this RFP will complement potential future CNI application and is consistent with the NWSP’s Housing Plan. Utilization of Excess ACC - Fair Cloth Limit: Consistent with HACM’s plan to increase affordable housing units, HACM may utilize its excess ACC units – (under the Fair Cloth Limit) of around 1,000 units, in joint venture with private developers or solely for other private developers intending to create new affordable housing units. HACM will follow applicable regulations in the utilization of these excess ACC authority. Language Access Plan: HACM’s Language Access Plan is available on our website. No new activities. Units with Approved Vacancies for Modernization: In accordance with 24 CFR §990.145(a)(1), HACM received approval from the local HUD office to place units across different elderly/mixed population and family developments into the Undergoing Modernization sub-category. HACM anticipates it will make another request in 2022. Other Capital Grant Programs (i.e. Capital Fund Community Facilities Grants or Emergency Safety and Security Grants): The Housing Authority is utilizing a previous year Emergency Safety and Security grant to modernize and install additional cameras in the Hillside Terrace, Parklawn and Westlawn Gardens developments. HACM may apply for an Emergency Safety and Security Grant. B.3 Civil Rights Certification Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations— Attachment C B.4 Most Recent Fiscal Year Audit No findings in the most recent Fiscal Year Audit (calendar 2019).

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B.5 Progress Report. For all Annual Plans following the submission of the first Annual Plan, the PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. 2.1 Implement Rental Assistance Demonstration (RAD) whenever feasible.

Objectives by year: 2020

1. Complete rehabilitation of Holton Terrace -120 units 2. Start rehabilitation of Merrill Park – 120 units 3. Complete RAD financial closing and start rehabilitation of Becher Court – 120 units 4. Submit 9% Tax Credit Application for Scattered Sites: Cherry Court and Highland Homes AMP. 5. Complete Revitalization and Preservation Planning for Hillside AMP.

2021

1. Complete rehabilitation of Merrill Park and Becher Court projects by 12/31/21 2. Submit 4% tax credit with State credits for Highland Park 3. Submit 4% tax credit with State credits for Carver Park – 122 units 4. Submit 9% Tax Credit Application for the Phase 1 of Hillside RAD conversion

2022 1. Estimated RAD Closing for Townhomes at Carver Park in March 2022

2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses

2020 Progress Report: HACM continues to implement portfolio repositioning through the RAD program.

• Westlawn Renaissance III, Phase 2B of the Westlawn Development/CNI plan, was completed in April 2020 and occupied in July 2020 (94 units).

• Holton Terrace (2018 9% Low Income Housing Tax Credit award) estimated completion December 2020 (120 units)

• Merrill Park (120 units) was awarded a 2019 9% Low Income Housing Tax Credit award, had a financial closing in December 2019, and has an estimated completion of December 2021.

• Becher Court (120 units) was a 2019 9% Low income housing tax credit award, had its financial closing in June 2020, with an estimated completion in December 2021.

• Westlawn Renaissance VI (138 units) had its financial closing in April 2020 and an estimated completion in December 2021.

• Westlawn Renaissance IV (60 units) is pending closing in October 2020 The team is evaluating the financing structure for the remaining CHAPs and potential applications for the remaining public housing portfolio. 2021 Progress Report: HACM continues to implement portfolio repositioning through the RAD program:

• Holton Terrace (120 units): All apartments (regular and ADA-accessible) have been completed in early 2021 and majority of the units are leased as of July 2021. Both elevators have been replaced. Community areas are being rehabbed and boiler system will be replaced, and this work should be done by September 2021.

• Merrill Park (120 units): All ADA-accessible apartments have been completed as of July 2021. Continue to work on the remaining regular apartments through 2021, including relocation of original Merrill Park residents to their new rehabbed unit. Construction is currently scheduled to be completed by end of 2021.

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• Becher Terrace (120 units): Continue to work on the remaining regular and ADA-accessible apartments through 2021, including relocation of original Becher Terrace residents to their new rehabbed unit. Construction is currently scheduled to be completed by end of 2021

• HACM submitted a 9% Low income housing tax credit (LIHTC) application for Townhomes at Carver Park (122 units) in late 2020 and received an award from WHEDA in April 2021. We will submit a RAD financing plan by November 2021 with the estimated RAD closing for Carver Park in March 2022.

2.2 Complete the implementation of Westlawn Choice Neighborhood Initiatives (CNI) Grant.


1. Close and start construction of Phase 4B – 138 units of townhomes (136 RAD project-based voucher replacement units and 2 units LIHTC-only).

2. Close and start construction of Phase 3 - 60 units supportive housing (60 units in two multifamily with 30 of the units being supportive housing for youth aging out of foster care).

3. Apply for 4% tax credit for Phase 4C -62 units (breakout to be determined) 4. People: Continue to implement case management of residents at Westlawn related to employment,

education, health, other supportive services, and relocation, and provide quarterly reporting on outcomes. 5. Education: Continue to work with Milwaukee Public Schools and Carmen to implement educational

strategies towards increasing the percentage of children in neighborhood schools. 6. Neighborhood: Continue to implement the Critical Community Improvements activities, including the

façade improvement fund, the revolving business loan fund, and the place-making activities. 2021

1. Complete CNI/RAD financial closing and start construction of Phase 4A – 79 units (breakout to be determined)

2. Complete CNI/RAD financial closing and start construction of Phase 4C -62 units (breakout to be determined)

3. Complete CNI/RAD financial closing and construct commercial/retail amenities – one project 4. Complete CNI/RAD financial closing and start construction of town-house market rate housing 5. People: Continue to implement case management of residents at Westlawn related to employment,

education, health, other supportive services, and relocation, and provide quarterly reporting on outcomes. 6. Education: Continue to work with MPS and Carmen to implement educational strategies towards goal of

increasing the percentage of children in neighborhood schools. 7. Neighborhood: Continue to implement the Critical Community Improvements activities, including the

façade improvement fund, the revolving business loan fund, and the place-making activities. 2022

1. Complete Housing Construction for all RAD Replacement units 2. Complete relocation of Westlawn West Residents back to Westlawn Gardens

3. People: Continue to implement case management of residents at Westlawn related to employment, education, health, other supportive services, and relocation, and provide quarterly reporting on outcomes.

4. Education: Continue to work with MPS and Carmen to implement educational strategies towards goal of increasing the percentage of children in neighborhood schools.

5. Neighborhood: Complete the Critical Community Improvement activities for the Westlawn CNI. 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses 2020 Progress Report: The Westlawn CNI Transformation Plan continues to be implemented.

• Phase 2B (Westlawn Renaissance III with 94 units total) had the construction completed in late 2019 and

was fully leased by August/September 2020.

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• Phase 4B (Westlawn Renaissance VI with 138 units total) had a financial closing in April 2020 and construction began during the summer with the first units estimated to be completed by December 2020.

• Phase 3 (Westlawn Renaissance IV with 60 units total, including 30 supportive housing for youth aging

out of foster care) is expected to have a financial close in October 2020 with construction to begin in the spring.

• Other redevelopment continues as funding is identified.

• People: Case management of residents continues, including relocation back to the target site of

Westlawn Gardens as units are completed for those residents that choose to return back (all residents have the right to return).

• Education: We continue to work with Milwaukee Public Schools and Carmen regarding strategies to

increase the number of neighborhood residents choosing neighborhood schools.

• Neighborhood: Critical Community Improvements continue, including: At least $225,000 in loans from the Small Business Revolving Loan fund that is administered by WWBIC for businesses expanding/locating in the CNI neighborhood; Façade improvement grant funds for House of Corned Beef, 76th Street Plaza and other businesses; and planning work continues for Placemaking projects.

2021 Progress Report

• HACM submitted a Housing Plan revision to redistribute the replacement housing in Phase 4A and 4C. • Began leasing Westlawn Renaissance VI (138 units) in May 2021 and construction and leasing will

continue through year end • Westlawn Renaissance IV (60 units, including 30 supportive housing units for youth aging out of foster

care) began construction in Spring 2021 and is estimated to be completed in Spring 2022 • The permitting process has begun for Westlawn Gardens Homeownship units • HACM received a 9% LIHTC allocation for Westlawn Renaissance V (Phase 4A). Construction will

begin in Spring 2022. • Received a 4% LIHTC allocation for Westlawn Renaissance VII (Phase 4B). Construction will begin in

Spring 2022. • Other redevelopment continues as funding is identified. • People: Case management of residents continues, including relocation back to the target site of

Westlawn Gardens as units are completed for those residents that choose to return back (all residents have the right to return).

• Education: We continue to work with Milwaukee Public Schools and Carmen regarding strategies to increase the number of neighborhood residents choosing neighborhood schools.

• Neighborhood: Critical Community Improvements continue, including: At least $500,000 in loans from the Small Business Revolving Loan fund that is administered by WWBIC for businesses expanding/locating in the CNI neighborhood; Façade improvement grant funds for House of Corned Beef, 76th Street Plaza and other businesses; and implementation work on the Placemaking projects.

2.3 Implement portfolio repositioning under Section 18 Disposition Rules, Rental Assistance Demonstration Program (RAD) and other HUD repositioning tools whenever feasible.


1. Submit Sec 18 disposition plan for Scattered Sites: AMP WI002000063 Cherry Court Scattered Sites AMP WI002000060 Highland Homes Scattered Sites AMP WI002000010 Milwaukee Scattered Sites AMP WI002000016 North/West Scattered Sites AMP WI002000061 Southside Scattered Sites

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2. Develop and implement plan for ultimate disposition of Scattered Sites AMPs above, whether through

preservation with project-based vouchers, Homeownership, or disposition in partnership with non-profits

3. Evaluate avenues for potential repositioning of other AMPs: AMP WI002000013 Arlington Court AMP WI002000011 College Court AMP WI002000001 Hillside Terrace AMP WI002000046 Townhomes at Carver Park AMP WI002000019 Lincoln Court AMP WI002000015 Locust Court AMP WI002000017 Mitchell Court AMP WI002000007 Parklawn AMP WI002000062 Riverview

4. Continue to work with Neighborhood Stabilization Program (NSP) utilizing NSP sales and proceeds to acquire/rehab properties (HACM owned/foreclosed) in conjunction with the portfolio repositioning activities.

2021

1. Develop Plan for Parklawn AMP repositioning or revitalization

2022 Additional details to be developed as goal progresses 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses 2020 Progress Report: Ongoing. We continue to use RAD as a repositioning tool for Westlawn Gardens, Holton Terrace, Merrill Park and Becher Court. We will continue to evaluate the potential of using Section 18 disposition as a possible portfolio repositioning tool for scattered sites, however we have not yet completed our evaluation. It is anticipated that this will continue into 2021. 2021 Progress Report:

• HACM continues to evaluate financial feasibility and resident impact for Section 18 repositioning. All 2020 goals will be evaluated for possible implementation in 2022 and beyond. At the time recommendations are made, HACM will follow Section 18 guidance on resident and local government consultation.

2.4 Utilize excess units on Annual Contribution Contract (ACC) Faircloth Limit. Objectives by year: 2020

1. Issue solicitation for Preferred Development Partner. 2. Determine ACC allocation availability for each year. Could be coupled with PBV for financial feasibility

consideration for new projects. 2021

1. Collaborate with counties around Milwaukee for possible partnership on Supportive Housing projects that ACC subsidy might be able to work.

2. Consider and evaluate project acquisitions [existing projects] where ACC subsidy can work. 2022

1. Consider issuing a solicitation for use of excess ACC capacity. 2023 Additional details to be developed as goal progresses

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2024 Additional details to be developed as goal progresses 2020 Progress Report: Ongoing. We will not issue a solicitation for use of excess ACC units during 2020. We will consider utilizing excess unit capacity for public housing as a tool for potential development by other developers in the Near West Side neighborhood. 2021 Progress Report: Ongoing. We may solicit uses for excess ACC units during 2021. We will consider utilizing excess unit capacity for public housing as a tool for potential development by other developers in the Near West Side neighborhood.

2.5 Maximize Section 8 voucher utilization rate. Objectives by year: 2020

1. Issue solicitation for PBV allocation. 2. Create and operationalize organization, system and process for a dedicated PBV administration unit under

the Rental Assistance Program. 3. Implement effective reporting and matrix reporting tools to property track leasing performance. 4. Implement changes in the VMS reporting responsibilities to enhance accountability.

2021

1. Effectively utilize Yardi reporting tools and HUD’s forecasting tool. 2. Increase landlord engagement

2022 1. Under HUD oversight, work to implement a plan to improve HAP utilization. See detailed plan under

2021 Progress report below. a. For the Housing Choice Voucher program, current utilization is 68% and our goal is to eventually

improve it to 90%. b. For the Project-based Voucher program, the current utilization is 87% and our goal is to

eventually improve it to 98%. 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses

2020 Progress Report: Ongoing. We will consider issuing a solicitation for Project-based vouchers (PBVs) in late 2020 as a tool to assist in replacement units and/or other affordable units for potential development by other developers in the Near West Side neighborhood. Additionally, we have created a separate PBV administrative team within the Rent Assistance program department at HACM. This team is working to manage the separate PBV wait lists and to efficiently manage the PBV program. They are working to improve the tools in YARDI used to track leasing performance at PBV developments. The Soldiers Home project is estimated to be completed in 2021, and the units have VASH vouchers allocated to it. 2021 Progress Report: Below are steps that HACM’s Rent Assistance program has established and will continue to work on during 2021 and 2022 to process more efficiently and to increase lease-up percentages:

1. Hiring and redeployment of staff, including:

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a. Hired 5 Certification Specialists. These new hires include replacement of team members who have voluntarily/not voluntarily left the organization. This team has resumed working in office rather than remotely.

b. A team of four workers has been assigned to focus on New Admissions and voucher issuance. One of these Team members will be the appointed liaison for the Emergency Housing Voucher deployment.

c. A team of seven workers has been assigned to focus on Annual reexaminations, Adjustments and PIC data clean-up.

d. A team of 2 Lease and Contract Specialists are conducting follow-up calls to participants with issued vouchers but not leased-up.

e. This year the RAD/Project-based Voucher team has grown from a team of 4 to a team of 6 individuals. The added 2 team members are Clerical Assistants. This team has resumed working in the office as opposed to remotely.

f. A team of 2 is dedicated to the Waiting list mailings and processing background check responses.

2. Implement changes to policy and/or procedures to improve efficiency and effectiveness, including:

a. All participants with late Annual Re-examinations are being contacted via phone to be completed. HUD documents that are required to be signed and not included in the waivers are being emailed/mailed to complete and return to the program. Measurable goals have been established for this team.

b. All the RAD/Project Based Developments (HACM Owned and Partnering Agencies) have been all centralized with the RAD team.

c. The RAD team has scheduled on-site visits to housing developments to complete annual reexams and obtain signed leases.

d. Virtual Inspections are currently being conducted and field inspections will resume next month (as needed for those that are being challenged with technology).

e. The City Department of Neighborhood Services has been hired to assist with annual inspections that were waived last year and must be completed by 12/31/2021.

f. The rent reasonableness unit proximity review has expanded from 1 mile up to 5 miles to located acceptable comparables and minimize the time spent reviewing .

g. Landlords interested in participating in the program by listing their available units for program participants, are now listed on the HACM website. This list is updated every Friday.

h. Informal Hearings are being conducted virtually. i. Background check reports have been reduced to meet the minimum HUD requirements. This

has helped to minimize the review time for each applicant to be approved. In turn, the applicant is processed for eligibility and voucher issuance.

j. A Housing Navigator has been hired and is meeting weekly every Wednesday with VASH Case Workers to bridge the communication gap between the VA and RAP and increase VASH Voucher lease-up.

k. Currently under review and Yardi testing is the implantation of Small Area FMR's (SAFMRs). We want to ensure Yardi set-up is correct and accurate Payment Standards are being selected according to the established zip codes.

l. Hired a PIC coach to assist in the review of our data and reporting. This includes the Yardi conversion data clean-up for accurate VMS/PIC reporting.

m. A data sharing MOU was established with the Opportunity Milwaukee Mobility team to recruit eligible families for this program and assist in locating a unit. This will help house families more rapidly and increase lease-up.

n. Implemented a limited homeless preference for the Housing Choice Voucher program.

3. Use of HUD’s forecasting tool and HCV dashboard to monitor and report on progress towards goals.

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2.6 Maintain Public Housing occupancy rate at a minimum of 96%. Objectives by year: 2020

1. Implement all actions committed in the Corrective Action Plan 2. Regain Standard Performer Status in PHAS 3. Optimize Yardi System’s management tool capabilities

2021

1. Ensure all actions committed in the Corrective Action Plan are continued 2. Continue actions to ensure Standard Performer Status in PHAS 3. Optimize Yardi System’s management tool capabilities

2022 Additional details to be developed as goal progresses 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses

2020 Progress Report: Ongoing. We continue to follow all actions in the corrective action plan with the goal of increasing occupancy of public housing units to 96% and of improving our REAC Physical Inspection scores and are providing quarterly reports on progress to HUD. We are also continuing to expand upon our use of YARDI’s management tools and reports, with a goal to more closely monitor vacant unit turnaround and leasing and status of work orders. This project will continue into 2021. 2021 Progress Report: Ongoing. HACM implemented a coordinated approach to turning and filling vacancies during 2020 and 2021 to improve its occupancy rates. In addition, HACM implemented a limited homeless preference for public housing. HACM met its 6/30/2021 goal per the recovery plan of 96% occupancy and in July 2021, HACM is currently at 96.6% with a goal for 12/31/2021 of 98%. HACM will continue to monitor and report quarterly to HUD on three remaining items from the recovery plan through the end of 2021: • The use of Section 18 disposition as a repositioning tool for some of the scattered sites portfolio • Unit turnaround time (long term vacancies) • Opening of the waitlist and/or purging of the waitlist

2.7 Continue to implement programs for Self Sufficiency.


1. Launch and operationalize Crucible Inc., HACM’s community supportive services instrumentality 2. Develop Strategic Plan to sustain Crucible Inc., less reliant on Public Housing funding. 3. Continue to participate in the City’s Continuum of Care. 4. Apply for grants to diversity revenue to sustain self-sufficiency programs.

2021 1. Implement strategic plan for Crucible, Inc. 2. Apply for grants to diversify revenue to sustain self-sufficiency programs.

2022 1. Identify and procure an online giving tool and customer relationship software tool 2. Prepare promotional material for the new nonprofit. 3. Design the website for the new nonprofit. 4. Create a fundraising plan for the new nonprofit.

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5. Continue to apply for grants to diversify revenue to sustain self-sufficiency programs. 6. Continue to develop and refine outcome goals and determine method of measurement and reporting.

2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses 2020 Progress Report: Ongoing. In 2020, we incorporated and launched Crucible, Inc. (an instrumentality of the Housing Authority) to perform community and supportive service activities. Since 1/1/2020, any new supportive service employees who work on self-sufficiency programs are hired under Crucible as opposed to HACM with a separate benefit package (similar to Travaux). The agency will continue to evaluate the instrumentality name and implementation during 2020-2021. We continue to apply for grants to assist HACM’s various self-sufficiency programs. Prior to the end of 2020, Crucible plans to hire a Development Director to assist with grant and fund development. 2021 Progress Report: The COVID pandemic set the organization a bit behind in its goals for 2020. In early 2021, Crucible, Inc. hired a Development Director. In addition, discussions began on evaluation of the existing name of the instrumentality (Crucible), with the following goals in mind:

• Work with the board and others to select a new name to replace Crucible, Inc.; • Through strategic planning, reconfirm the mission, values and case for support of the organization; • File the 501 (c)(3) application; • Begin to formulate a fundraising strategy; • Identify and recruit 3-5 potential new board members for the organization; • Continue to apply for grants to diversify revenue to sustain self-sufficiency programs.

2.8 Optimize HACM’s organization structure, processes, and procedures to attain Resiliency and long-term Sustainability.


1. Continue to implement HACM’s Resiliency Plan 2. Stabilize and Optimize Yardi System 3. Establish effective Tax Credit Management team under Travaux umbrella 4. Refresh PILOT agreement with the City in conformance with the State Law Amendment 5. Continue to engage state legislature to amend HA statutes

2021

1. Continue to implement HACM’s Resiliency Plan 2. Continue to stabilize and optimize Yardi System 3. Continue effective Tax Credit Management team under Travaux umbrella 4. Refresh PILOT agreement with the City in conformance with the State Law Amendment 5. Continue to engage state legislature to amend HA statutes

2022 1. Evaluate options for Section 8 Restructuring to include consideration of developing an instrumentality 2. Add additional contracts for property management services under Travaux 3. Continue to optimize use of YARDI system.

2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses 2020 Progress Report: Activities are ongoing.

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Resiliency Plan: We will continue to implement HACM’s Resiliency Plan (for example, the creation of Travaux and Crucible, Inc. as instrumentalities/subsidiaries is one component). YARDI: In 2019, HACM converted its housing software from VisualHomes to the YARDI system. Our staff on both the public housing, rent assistance and affordable housing (tax credit) sides have continued to implement and refine use of YARDI during 2020. In May/June 2020, we implemented the YARDI RentCafe module in order to open the Housing Choice Voucher (HCV) waitlist online, and then use a random lottery to select 3,000 applicants. In September 2020, we opened the Project Based Voucher (PBV) wait lists using RentCafe. We plan to open the public housing family waiting list in early 2021 using RentCafe. We also plan to begin implementation of RentCafe for public housing and rent assistance intake forms and for annual recertifications in 2021. Tax Credit Management: In January 2020 HACM became the property manager to three tax credit properties; Holton Terrace, Merrill Park, and Becher Court. HACM will continue to develop and improve management skills to support future property management contracts.

PILOT: There has been no change to the PILOT (Payment in Lieu of Taxes) payment to the City of Milwaukee during 2020. We continue to look for opportunities to refresh that agreement. State Statutes: HACM continues to work to educate state legislators around the need to update the statutes surrounding public housing authorities to bring them more in line with HUD policies.

2021 Progress Report: Activities are ongoing.

YARDI: In 2021, we continued work on implementation of RentCafe for use for intakes and recertifications. We also planned for an opening of the public housing and Housing Choice Voucher wait lists through RentCafe in September 2021. We continue efforts to clean up the system for conversion errors/issues and ensure the system is used to its full capacity. Tax Credit Management: In October 2021, HACM/Travaux will take on the management of two additional tax credit properties: Scattered Sites Tax Credit I and Scattered Sites Tax Credit II, each of which is 24 units. HACM will continue to develop and improve management skills to support future property management contracts.

PILOT: There has been no change to the PILOT (Payment in Lieu of Taxes) payment to the City of Milwaukee during 2021. We continue to look for opportunities to refresh that agreement. State Statutes: HACM continues to work to educate state legislators around the need to update the statutes surrounding public housing authorities to bring them more in line with HUD policies.

2.9 Increase HACM’s Mixed Income-Mixed Use Real Estate Portfolio.


1. Close financing of Convent Hill South Project 2. Parklawn Cyber School and YMCA building disposition 3. Apply as applicant or co-applicant for CNI Implementation grant for Near West Side neighborhood, using

College Court, other HACM AMPs, or any other assisted housing developments in the area as target housing developments.

4. Apply for CNI Planning grant for Hillside 5. Provide support to facilitate a “Purpose Built”-like community at Westlawn or on any feasible location

where a HACM project is or will be located.

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2021 1. Pre-development Planning for Arlington, Riverview and Locust Court AMP preservation and

revitalization 2. Apply for CNI Implementation grant for Hillside

2022 1. Look at possibility of re-applying as applicant or co-applicant for CNI Implementation grant for Near

West Side neighborhood, using College Court, other HACM AMPs, or any other assisted housing developments in the area as target housing developments.

2023 Additional details to be developed as goal progresses

2024 Additional details to be developed as goal progresses 2020 Progress Report: Ongoing efforts have been made on several activities. Convent Hill South: Financing has not been established or closed in 2020. This is still in planning stages. Disposition of community buildings at Parklawn to Central City Cyberschool: Discussions continue between HACM and the Central City Cyberschool about the purchase of the facilities used for their day care, elementary and high school. This has not yet been finalized. CNI application for Near West Side: In December 2020 and/or in 2021, HACM intends to apply as applicant or co-applicant for CNI Implementation grant to transform the Near West Side neighborhood, with College Court (WI002000011), other HACM AMPs and/or any other assisted housing developments for families not owned by HACM in the area as target housing developments. Marquette University previously was awarded an FY 2018 Choice Neighborhood Planning grant for the Near West Side neighborhood to develop a transformation plan. College Court (WI002000011) has 251 public housing units that are designated as mixed (designated for seniors and persons with disabilities. CNI Planning grant for Hillside: The current regulations in the Notice of Funding Availability for a Choice Neighborhoods Planning grant do not allow former HOPE VI housing sites to apply. Thus, Hillside is currently not eligible for this grant. 2021 Progress Report: Ongoing efforts have been made on several activities. Convent Hill South: Convent Hill South continues to remain in the planning stages. Disposition of community buildings at Parklawn to Central City Cyberschool: Discussions continue between HACM and the Central City Cyberschool about the purchase of the facilities used for their day care, elementary and high school. This has not yet been finalized. CNI application for Near West Side: In December 2020, the City of Milwaukee applied as the lead applicant with HACM as the co-applicant for a Choice Neighborhood Implementation (CNI) grant to transform the Near West Side neighborhood, with College Court (WI002000011) and another assisted housing development for families not owned by HACM (Meadow Village) as the target housing developments. Marquette University previously was awarded an FY 2018 Choice Neighborhood Planning grant for the Near West Side neighborhood to develop a transformation plan. College Court (WI002000011) has 251 public housing units that are designated as mixed (designated for seniors and persons with disabilities and Meadow Village has 90 units for families. In April 2021, the City and HACM were informed that the application was not a finalist for CNI funding. HACM may re-apply in 2021 or 2022.

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CNI Planning or Implementation grant for Hillside Terrace: The current regulations in the Notice of Funding Availability for a Choice Neighborhoods Planning grant do not allow former HOPE VI housing sites to apply. Thus, Hillside is currently not eligible for this grant. Arlington/Riverview/Locust preservation/redevelopment: This is still in pre-planning stages.

2.10 Implement Choice Mobility Initiatives.


1. In partnership with Milwaukee Metropolitan Fair Housing Council, Milwaukee County Housing program, and Waukesha County housing program, develop and implement a demonstration program promoting and supporting choice mobility to neighborhoods of opportunity in the Housing Choice Voucher program.

2. Continue to provide choice mobility vouchers, if available, to any RAD residents that request one (after one year of living in RAD after conversion).

2021 1. Continue to implement a demonstration program promoting and supporting choice mobility to

neighborhoods of opportunity in the Housing Choice Voucher program (in partnership with Milwaukee Metropolitan Fair Housing Council, Milwaukee County Housing program, and Waukesha County housing program).


2022 1. Continue to implement a demonstration program promoting and supporting choice mobility to

neighborhoods of opportunity in the Housing Choice Voucher program (in partnership with Milwaukee Metropolitan Fair Housing Council, Milwaukee County Housing program, and Waukesha County housing program).


2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses 2020 Progress Report: Ongoing. HACM’s Rent Assistance department, working with the Milwaukee County Rent Assistance program and the Metropolitan Milwaukee Fair Housing Council and the national organization MDRC have developed procedures and protocols to use in a demonstration project called Opportunity MKE. This project will work with rent assistance participants to promote and support choice mobility to neighborhoods of opportunity. In December 2020, HACM will coordinate and submit an application for a grant from HUD for the Housing Choice Voucher (HCV) Mobility Demonstration grant program. Partners in this program include Milwaukee Metropolitan Fair Housing Council, the Milwaukee County Housing program, and possibly the Waukesha County housing program. This demonstration will allow participating PHAs throughout the country to implement housing mobility programs by offering mobility-related services to increase the number of voucher families with children living in opportunity areas. In addition to offering mobility-related services, participating PHAs will work together in their regions to adopt administrative policies that further enable housing mobility, increase landlord participation, and reduce barriers for families to move across PHA jurisdictions through portability. 2021 Progress Report: Ongoing. HACM’s Rent Assistance department, working with the Milwaukee County Rent Assistance program and the Metropolitan Milwaukee Fair Housing Council (MMFHC) and the national organization MDRC have developed procedures and protocols to use in a demonstration project called

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Opportunity MKE. This project will work with rent assistance participants to promote and support choice mobility to neighborhoods of opportunity. Through June 2021, the number of participants has been less than expected. HACM and MMFHC have entered into a data sharing agreement to allow MMFHC to do direct promotion of the program to HACM participants via phone and mail. HACM and MMFHC continue to evaluate progress, challenges, and identify potential barriers to participation in the program and to make policy or procedural changes when practical to reduce barriers. In December 2020, HACM submitted an application for a grant from HUD for the Housing Choice Voucher (HCV) Mobility Demonstration grant program. This demonstration will allow participating PHAs throughout the country to implement housing mobility programs by offering mobility-related services to increase the number of voucher families with children living in opportunity areas. In addition to offering mobility-related services, participating PHAs will work together in their regions to adopt administrative policies that further enable housing mobility, increase landlord participation, and reduce barriers for families to move across PHA jurisdictions through portability. Partners in this program include Milwaukee Metropolitan Fair Housing Council and the Milwaukee County Housing program. In late spring 2021, HUD informed HACM that its proposal was unsuccessful and did not receive funding. If there is a second round of funding, HACM plans to re-apply for a similar Housing Choice Voucher Mobility demonstration grant.

2.11 Apply for various Development and Supportive Services grants whenever /wherever they are available.


1. Apply for Affordable Housing Program grants to support financing of new construction and rehabilitation of development projects.

2. Apply as applicant or co-applicant for CNI Implementation grant for Near West Side neighborhood, using College Court, other HACM AMPs or any other assisted housing developments in the area as target housing developments.

3. Submit for a CNI Planning grant for Hillside Development. 4. Apply for Housing Trust Fund grants as needed.

2021

1. Apply for Affordable Housing Program grants to support financing of new construction and rehabilitation of development projects.

2. If unsuccessful in 2020, apply as applicant or co-applicant for CNI Implementation grant for Near West Side neighborhood, using College Court, other HACM AMPs or any other assisted housing developments in the area as target housing developments.

3. Submit for a CNI Planning grant for Hillside Development. 4. Apply for Housing Trust Fund grants as needed. 5. Review other possible grants to apply for, including supportive service grants.

2022 1. Apply for Affordable Housing Program grants to support financing of new construction and rehabilitation

of development projects. 2. If unsuccessful in 2020, reevaluate applying as applicant or co-applicant for CNI Implementation grant

for Near West Side neighborhood in 2022 or 2023 using College Court, other HACM AMPs or any other assisted housing developments in the area as target housing developments.

3. Apply for Housing Trust Fund grants as needed. 4. Review other possible grants to apply for, including supportive service grants.

2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses

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2020 Progress Report: Ongoing. Affordable Housing Program (AHP) Awards: HACM received two AHP awards in 2019. Federal Home Loan Bank of Chicago awarded Holton Terrace and Federal Home Loan Bank of Pittsburgh awarded Westlawn Renaissance III. HACM has 3 addition applications for Merrill Park, Becher Court and Westlawn Renaissance VI that are pending in 2020 and HACM will continue applying for this program when feasible.

CNI application for Near West Side: In December 2020 and/or in 2021, HACM intends to apply as applicant or co-applicant for CNI Implementation grant to transform the Near West Side neighborhood, with College Court (WI002000011), other HACM AMPs and/or any other assisted housing developments for families not owned by HACM in the area as target housing developments. Marquette University previously was awarded an FY 2018 Choice Neighborhood Planning grant for the Near West Side neighborhood to develop a transformation plan. College Court (WI002000011) has 251 public housing units that are designated as mixed (designated for seniors and persons with disabilities. 2021 Progress Report: Ongoing. CNI Planning grant for Hillside: The current regulations in the Notice of Funding Availability for a Choice Neighborhoods Planning or Implementation grant do not allow former HOPE VI housing sites to apply. Thus, Hillside is currently not eligible for this grant. Affordable Housing Program (AHP) Awards: HACM was not successful in 3 applications for AHP grants: Merrill Park, Becher Court and Westlawn Renaissance VI. HACM will continue applying for this program when feasible and is currently planning on applying for Westlawn Renaissance V.

CNI application for Near West Side: In December 2020, the City of Milwaukee applied as the lead applicant with HACM as the co-applicant for a Choice Neighborhood Implementation (CNI) grant to transform the Near West Side neighborhood, with College Court (WI002000011) and another assisted housing development for families not owned by HACM (Meadow Village) as the target housing developments. Marquette University previously was awarded an FY 2018 Choice Neighborhood Planning grant for the Near West Side neighborhood to develop a transformation plan. College Court (WI002000011) has 251 public housing units that are designated as mixed (designated for seniors and persons with disabilities and Meadow Village has 90 units for families. In April 2021, the City and HACM were informed that the application was not a finalist for CNI funding. HACM may re-apply in 2021 or 2022.

2.12 Develop/Implement Comprehensive Housing Plan


1. Submit regulatory waivers whenever possible. 2. Submit application for Moving to Work or its successor program.

2021 1. Continue to look for opportunities to obtain Moving-to-Work type plan.

2022 Additional details to be developed as goal progresses 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses 2020 Progress Report: Ongoing. We continue to work on identifying potential regulatory waivers and bringing to the attention of HUD whenever possible. While we have not submitted an application for a Moving to Work program in 2020, we continue to review the potential for such a program.

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2021 Progress Report: Ongoing. We continue to work on identifying potential regulatory waivers and bringing to the attention of HUD whenever possible. While we have not submitted an application for a Moving to Work program in 2021, we continue to review the potential for such a program.

2.13 Secure capital through the Capital Fund Financing Program (CFFP) if RAD is not feasible.


1. Will continue to evaluate the CFFP plan to determine if it benefits the Housing Authority. 2021

1. Will continue to evaluate the CFFP plan to determine if it benefits the Housing Authority. 2022 Additional details to be developed as goal progresses 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses

2020 Progress Report: Ongoing review to see if there is potential benefit to HACM, although we do not foresee implementing a Capital Fund Financing Program (CFFP) during 2020 at this time.

2021 Progress Report: Ongoing review to see if there is potential benefit to HACM, although we do not foresee implementing a Capital Fund Financing Program (CFFP) during 2021 at this time.

2.14 Ensuring HACM’s sustainability by effectively responding to crises, such as the COVID-19 pandemic,

that require changes in business practices to protect residents and employees. Objectives by year: 2020

1. Redesign business practices to ensure appropriate physical distancing during interactions between residents and staff to ensure safety of both.

2. Procure PPE (personal protective equipment) to assist with objective #1. 3. Continue to implement YARDI RentCafe with the goal to allow more interactions (recerts, applications,

etc) remotely through the web and continue path to a more paperless process. 2021

1. Continue to reevaluate business practices to ensure appropriate physical distancing during interactions between residents and staff to ensure safety of both.

2. Continue to procure PPE (personal protective equipment) to assist with objective #1. 3. Complete implementation of YARDI RentCafe with the goal to allow more interactions (recerts,

applications, etc) remotely through the web and continue path to a more paperless process. 2022 Additional details to be developed as goal progresses 2023 Additional details to be developed as goal progresses 2024 Additional details to be developed as goal progresses

2020 Progress Report: Ongoing. In light of the COVID-19 pandemic, HACM has redesigned its business practices and procedures to follow the guidance from the Centers for Disease Control and the State and local health departments, including:

• Distributing information on COVID-19 and on eviction moratorium to HACM residents. • Encouraging proper hand washing and use of sanitizer when hands can’t be washed.

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• Ensuring appropriate physical distancing in HACM developments and offices, such as: reduced in-person contact; avoiding face-to-face meetings where possible and substituting online virtual meetings; and allowing some staff whose job duties allow it to work from home where possible.

• Procurement of personal protective equipment (PPE) such as appropriate disinfectant materials, masks, gloves, hand sanitizer, etc.

• Enhanced disinfection of common areas and surfaces for housing developments and offices. • Prioritizing emergency work orders and pest control during times when access to apartments is limited. • Distribution of over 20,000 face masks to HACM residents.

2021 Progress Report: Ongoing. In light of the COVID-19 pandemic, HACM has redesigned its business practices and procedures to follow the guidance from the Centers for Disease Control and the State and local health departments, including:

• Distributing information on COVID-19 and on eviction moratorium to HACM residents. • Encouraging proper hand washing and use of sanitizer when hands can’t be washed. • Ensuring appropriate physical distancing in HACM developments and offices, such as: reduced in-

person contact; avoiding face-to-face meetings where possible and substituting online virtual meetings; and allowing some staff whose job duties allow it to work from home where possible.

• Procurement of personal protective equipment (PPE) such as appropriate disinfectant materials, masks, gloves, hand sanitizer, etc.

• Enhanced disinfection of common areas and surfaces for housing developments and offices. • Prioritizing emergency work orders and pest control during times when access to apartments is limited. • Distributing and promote information on the COVID-19 vaccine, including locations and times of

vaccination sites. Partnered with the City of Milwaukee Health Department and other organizations such as federally qualified health centers and pharmacies to provide transportation to vaccination sites or hold onsite vaccination clinics in housing developments. In senior/disabled buildings, this resulted in vaccination rates ranging from 45% to 80% of residents being fully vaccinated.

• HACM continues during the summer 2021 to heavily promote vaccination, including door-to-door community mobilization and immunizations in our family developments.

B.6 Resident Advisory Board (RAB) Comments.

See Attachment F. B.7 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan

See Attachment E. B.8 Troubled PHA.

HACM is not a troubled PHA. C. Statement of Capital Improvements. Required for PHAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP).

C.1 Capital Improvements. Include a reference here to the most recent HUD-approved 5-year Action Plan (HUD 50075.2) and the date that it was approved by HUD.

See HUD Form- 50075.2 approved by HUD on 04/29/2020.

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Instructions for Preparation of Form HUD-50075-ST Annual PHA Plan for Standard and Troubled PHAs A. PHA Information. All PHAs must complete this section.

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and

or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e))

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section.

B.1 Revision of PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box.

If an element has not been revised, mark “no." (24 CFR §903.7)

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1)) Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. (24 CFR §903.7(a)(2)(ii))

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR §903.7(b)) Describe the PHA’s procedures for maintain waiting lists for admission to public housing and address any site-based waiting lists. (24 CFR §903.7(b)). A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b)) Describe the unit assignment policies for public housing. (24 CFR §903.7(b))

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))

Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable

public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d))

Operation and Management. A statement of the rules, standards, and policies of the PHA governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including cockroaches), and management of the PHA and programs of the PHA. (24 CFR §903.7(e))

Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and

applicants. (24 CFR §903.7(f))

Homeownership Programs. A description of any Section 5h, Section 32, Section 8y, or HOPE I public housing or Housing Choice Voucher (HCV) homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))

Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of community service and treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)) A description of: 1) Any programs relating to services and amenities provided or offered to assisted families; and 2) Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families, including programs under Section 3 and FSS. (24 CFR §903.7(l))

Safety and Crime Prevention. Describe the PHA’s plan for safety and crime prevention to ensure the safety of the public housing residents. The statement must provide development-by-development or jurisdiction wide-basis: (i) A description of the need for measures to ensure the safety of public housing residents; (ii) A description of any crime prevention activities conducted or to be conducted by the PHA; and (iii) A description of the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities. (24 CFR §903.7(m)) A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs

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provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5))

Pet Policy. Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n))

Asset Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. (24 CFR §903.7(q))

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; b) additions of non-emergency CFP work items (items not included in the current CFP Annual Statement or CFP 5-Year Action Plan) or change in use of replacement reserve funds under the Capital Fund; or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii))

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark “yes” for those elements, and

describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.”

Hope VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30)

Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the

PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30)

Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including project number and unit

numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA’s last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h))

Designated Housing for Elderly and Disabled Families. Describe any public housing projects owned, assisted or operated by the PHA (or portions

thereof), in the upcoming fiscal year, that the PHA has continually operated as, has designated, or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1) development name and number; 2) designation type; 3) application status; 4) date the designation was approved, submitted, or planned for submission, and; 5) the number of units affected. Note: The application and approval process for such designations is separate from the PHA Plan process, and PHA Plan approval does not constitute HUD approval of any designation. (24 CFR §903.7(i)(C))

Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is

required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j))

Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to project-based assistance under RAD. See additional guidance on HUD’s website at: Notice PIH 2012-32

Occupancy by Over-Income Families. A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a

public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), if all the following conditions are satisfied: (1) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (2) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family; (3) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (4) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (5) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over-income families into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.503) (24 CFR 903.7(b))

Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a

public housing dwelling unit. The PHA must include the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. A “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.505) (24 CFR 903.7(b))

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Non-Smoking Policies. The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement

of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD’s website at: Notice PIH 2009-21. (24 CFR §903.7(e))

Project-Based Vouchers. Describe any plans to use Housing Choice Vouchers (HCVs) for new project-based vouchers, which must comply with PBV

goals, civil rights requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 983.57(b)(1) and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. If using project-based vouchers, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. (24 CFR §903.7(b))

Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a)(1).

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). For all activities that the PHA plans to undertake in the current Fiscal Year, provide a description of the activity in the space provided.

B.3 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o))

B.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those

findings in the space provided. (24 CFR §903.7(p))

B.5 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1))

B.6 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the

Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)

B.7 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

B.8 Troubled PHA. If the PHA is designated troubled, and has a current MOA, improvement plan, or recovery plan in place, mark “yes,” and describe that

plan. If the PHA is troubled, but does not have any of these items, mark “no.” If the PHA is not troubled, mark “N/A.” (24 CFR §903.9)

C. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 (g)) C.1 Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: “See HUD Form- 50075.2 approved by HUD on April 29, 2020.” _______________________________________________________________________________________________________________________________________This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan. Public reporting burden for this information collection is estimated to average 9.2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

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Attachment A: ACOP

(Admissions & Continued Occupancy

Policy)

TA

B

D R A F T

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HOUSING AUTHORITY OF THE

CITY OF MILWAUKEE

ADMISSIONS AND CONTINUED OCCUPANCY POLICY

(ACOP)

Approved: 09/15/2021D R A F T

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HOUSING AUTHORITY OF THE CITY OF MILWAUKEE ADMISSIONS & CONTINUED OCCUPANCY POLICY

TABLE OF CONTENTS

1.0 FAIR HOUSING ................................................................................................................. 5 2.0 REASONABLE ACCOMODATION ................................................................................ 5

2.1 COMMUNICATION…………………………………………………………………… 6 2.2 QUESTIONS TO ASK IN GRANTING THE ACCOMMODATION .............................. 6

3.0 SERVICES FOR LIMITED ENGLISH PROFICIENCYAPPLICANTS AND RESIDENTS …………………………………………….....................................................7

4.0 FAMILY OUTREACH…………………………………………………………………... 8

5.0 RIGHT TO PRIVACY ....................................................................................................... 8 6.0 REQUIRED POSTINGS .................................................................................................... 8 7.0 TAKING APPLICATIONS ............................................................................................... 9 8.0 ELIGIBILITY FOR ADMISSION .................................................................................. 10

8.1 INTRODUCTION ............................................................................................................ 10 8.2 ELIGIBILITY CRITERIA ................................................................................................ 10 8.3 SUITABILITY .................................................................................................................. 15 8.4 GROUNDS FOR DENIAL ............................................................................................... 17 8.5 INFORMAL REVIEW ..................................................................................................... 19

9.0 MANAGING THE WAITING LIST .............................................................................. 20 9.1 OPENING AND CLOSING THE WAITING LIST ......................................................... 20 9.2 ORGANIZATION OF THE WAITING LIST ..................................................................... 20 9.3 FAMILIES NEARING THE TOP OF THE WAITING LIST ............................................ 21 9.4 PURGING THE WAITING LIST .................................................................................... 21 9.5 REMOVAL OF APPLICANTS FROM THE WAITING LIST ......................................... 21 9.6 MISSED APPOINTMENTS ............................................................................................. 21

10.0 TENANT SELECTION AND ASSIGNMENT PLAN ...................................................... 21 10.1 PREFERENCES ............................................................................................................... 21 10.2 ASSIGNMENT OF BEDROOM SIZES .......................................................................... 23 10.3 SELECTION FROM THE WAITING LIST ........................................................................ 25 10.4 DECONCENTRATION POLICY .................................................................................... 26 10.5 DECONCENTRATION INCENTIVES ........................................................................... 26 10.6 OFFER OF A UNIT .......................................................................................................... 27 10.7 REJECTION OF UNIT ..................................................................................................... 27 10.8 ACCEPTANCE OF UNIT ................................................................................................ 27

11.0 INCOME, EXCLUSIONS FROM INCOME, AND DEDUCTIONS FROM INCOME ................................................................................................. 28

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11.1 ANNUAL INCOME ......................................................................................................... 28 11.2 EXCLUSIONS FROM ANNUAL INCOME ................................................................... 32 11.3 DEDUCTIONS FROM ANNUAL INCOME .................................................................. 37

12.0 VERIFICATION ............................................................................................................... 38 12.1 ACCEPTABLE METHODS OF VERIFICATION .......................................................... 38 12.2 TYPES OF VERIFICATION ............................................................................................ 41 12.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS ............. 44 12.4 VERIFICATION OF SOCIAL SECURITY NUMBERS ................................................. 45 12.5 TIMING OF VERIFICATION ......................................................................................... 46 12.6 FREQUENCY OF OBTAINING VERIFICATION ......................................................... 46

13.0 DETERMINATION OF TOTAL TENANT PAYMENT AND RENT ........................ 46 13.1 FAMILY CHOICE............................................................................................................ 46 13.2 THE FORMULA METHOD ............................................................................................ 47 13.3 MINIMUM RENT ............................................................................................................ 47 13.4 THE FLAT RENT ............................................................................................................ 48 13.5 RENT FOR FAMILIES UNDER THE NONCITIZEN RULE ........................................... 49 13.6 UTILITY ALLOWANCE ................................................................................................. 50 13.7 PAYING RENT ................................................................................................................ 51

14.0 COMMUNITY SERVICE AND SELF-SUFFICIENCY REQUIREMENT ............... 51 14.1 GENERAL ........................................................................................................................ 51 14.2 EXEMPTIONS ................................................................................................................. 51 14.3 NOTIFICATION OF THE REQUIREMENT .................................................................. 53 14.4 VOLUNTEER OPPORTUNITIES ................................................................................... 53 14.5 THE PROCESS ................................................................................................................. 55 14.6 NOTIFICATION OF NON-COMPLIANCE WITH COMMUNITY SERVICE

REQUIREMENT .............................................................................................................. 55 14.7 OPPORTUNITY FOR CURE........................................................................................... 55 14.8 PROHIBITION AGAINST REPLACEMENT OF AGENCY EMPLOYEES………..56

15.0 RECERTIFICATIONS .................................................................................................... 54 15.1 GENERAL ........................................................................................................................ 56 15.2 MISSED APPOINTMENTS ............................................................................................. 56 15.3 FLAT RENTS ................................................................................................................... 56 15.4 THE FORMULA METHOD ............................................................................................ 57 15.5 EFFECTIVE DATE OF RENT CHANGES FOR ANNUAL REEXAMINATIONS ...... 58 15.6 INTERIM REEXAMINATIONS ..................................................................................... 58 15.7 SPECIAL REEXAMINATIONS………………………………………….……………..59 15.8 EFFECTIVE DATE OF RENT CHANGES DUE TO INTERIM OR SPECIAL

REEXAMINATIONS ....................................................................................................... 60 15.9 OVER-INCOME FAMILIES ........................................................................................... 60

16.0 UNIT TRANSFERS .......................................................................................................... 61 16.1 OBJECTIVES OF THE TRANSFER POLICY ................................................................ 61 16.2 CATEGORIES OF TRANSFERS .................................................................................... 62

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16.3 DOCUMENTATION ........................................................................................................ 62 16.4 TRANSFERS TO SCATTERED SITES .............................................................................. 62 16.5 PROCESSING TRANSFERS ........................................................................................... 63 16.6 COST OF THE FAMILY'S MOVE .................................................................................. 64 16.7 TENANTS IN GOOD STANDING ................................................................................. 64 16.8 TRANSFER REQUESTS ................................................................................................. 64 16.9 RIGHT OF HACM IN TRANSFER POLICY…………………………………………. 65

17.0 INSPECTIONS .................................................................................................................. 65 17.1 MOVE-IN INSPECTIONS ............................................................................................... 65 17.2 ANNUAL INSPECTIONS ............................................................................................... 65 17.3 PREVENTATIVE MAINTENANCE INSPECTIONS .................................................... 65 17.4 SPECIAL INSPECTIONS ................................................................................................ 65 17.5 HOUSEKEEPING INSPECTIONS .................................................................................. 65 17.6 NOTICE OF INSPECTION .............................................................................................. 66 17.7 EMERGENCY INSPECTIONS ....................................................................................... 66 17.8 MOVE-OUT INSPECTIONS ........................................................................................... 66 17A MINIMUM HEATING STANDARDS………………………………………………. 66

18.0 PET POLICY .................................................................................................................... 67 18.1 EXCLUSIONS………………………………………………………………………….. 67 18.2 PETS IN PUBLIC HOUSING………………………………………………………….68 18.3 APPROVAL……………………………………………………………………………..68 18.4 TYPES AND NUMBER OF PETS…………………………………………………… 68 18.5 VACCINATIONS…………………………………………………………………….. 68 18.6 PET DEPOSIT………………………………………………………………………… 69 18.7 FINANCIAL OBLIGATIONS OF RESIDENTS……………………………………… 69 18.8 NUISANCE OR THREAT TO HEALTH OR SAFETY……………………………… 69 18.9 DESIGNATION OF PET AREAS…………………………………………………….. 69 18.10 MISCELLANEOUS RULES………………………………………………………….. 70

18.11 VISITING PETS………………………………………………………………………. 70 18.12 REMOVAL OF PETS…………………………………………………………………. 71

19.0 REPAYMENT AGREEMENTS ...................................................................................... 71 20.0 TERMINATION ............................................................................................................... 72

20.1 TERMINATION BY RESIDENT .................................................................................... 72 20.2 TERMINATION BY THE HOUSING AUTHORITY ..................................................... 73 20.2A VAWA PROTECTIONS……………………………………………………………….75 20.2B VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING………………………………………………………………...…77 20.2C CONFIDENTIALITY………………………………………………………………… 78 20.3 ABANDONMENT .................................................................................................................. 78 20.4 RETURN OF SECURITY DEPOSIT ............................................................................... 79 20.5 THE DECEASED TENANT REPORT………………………………………………….79

21.0 ANTI-FRAUD POLICY………………………………………………………………...79

22.0 ELECTION POLICY…………………………………………..……………………….80

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HOUSING AUTHORITY OF THE CITY OF MILWAUKEE

ADMISSIONS AND CONTINUED OCCUPANCY POLICY

This Admissions and Continued Occupancy Policy defines the Housing Authority of the City of Milwaukee, herein after referred to as “HACM”, policies for the operation of the low-rent public housing program, incorporating Federal, State and local law. If there is any conflict between this policy and laws or regulations, the laws and regulations will prevail.

1.0 FAIR HOUSING

It is the policy of HACM to fully comply with all Federal, State and local nondiscrimination laws; the Americans with Disabilities Act; and the U. S. Department of Housing and Urban Development regulations governing Fair Housing and Equal Opportunity.

No person shall, on the grounds of race, color, sex, sexual orientation, religion, national or ethnic origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under HACM's programs. In accordance with additional protections under the State of Wisconsin’s Fair Housing laws, no person shall, on the grounds of sexual orientation, source of income, ancestry, age, marital status or status as a victim of domestic abuse, sexual abuse or stalking, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under HACM’s programs.

To further its commitment to full compliance with applicable Civil Rights laws, HACM will make available Federal/State/local information to applicants/residents of the public housing program regarding discrimination and any recourse available to them if they believe they may be victims of discrimination. Such information will be made available and all applicable Fair Housing Information and Discrimination Complaint Forms will be made available at HACM’s office. In addition, all written information and advertisements will contain the appropriate Equal Opportunity language and logo.

HACM will assist any family that believes they have suffered illegal discrimination by providing them copies of the appropriate housing discrimination forms. HACM will also assist them in completing the forms if requested, and will provide them with the address of the nearest HUD office of Fair Housing and Equal Opportunity.

2.0 REASONABLE ACCOMMODATION

Sometimes people with disabilities may need a reasonable accommodation in order to take full advantage of HACM housing programs and related services. When such accommodations are granted, they do not confer special treatment or advantage for the

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person with a disability; rather, they make the program accessible to them in a way that would otherwise not be possible due to their disability. This policy clarifies how people can request accommodations and the guidelines HACM will follow in determining whether it is reasonable to provide a requested accommodation. Because disabilities are not always apparent, HACM will ensure that all applicants/residents are aware of the opportunity to request reasonable accommodations.

2.1 COMMUNICATION

Anyone completing an application will also receive a Request for Reasonable Accommodation form.

Notifications of reexamination, inspection, appointment, or eviction will include information about requesting a reasonable accommodation. Any notification requesting action by the resident will include information about requesting a reasonable accommodation.

All decisions granting or denying requests for reasonable accommodations will be in writing.

2.2 QUESTIONS TO ASK IN GRANTING THE ACCOMMODATION

A. Is the requestor a person with disabilities? For this purpose the definition of

person with disabilities is different than the definition used for admission. The Fair Housing definition used for this purpose is:

A person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. (The disability may not be apparent to others, i.e., a heart condition).

If the disability is apparent or already documented, the answer to this question is yes. It is possible that the disability for which the accommodation is being requested is a disability other than the apparent disability. If the disability is not apparent or documented, HACM will require verification that the person is a person with a disability.

B. Is the requested accommodation related to the disability? If it is apparent that the

request is related to the apparent or documented disability, the answer to this question is yes. If it is not apparent, HACM will require documentation that the requested accommodation is needed due to the disability. HACM will not inquire as to the nature of the disability.

C. Is the requested accommodation reasonable? In order to be determined

reasonable, the accommodation must meet two criteria:

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1. Would the accommodation constitute a fundamental alteration? HACM’s business is housing. If the request would alter the fundamental business that the housing authority conducts, that would not be reasonable. For instance, we would deny a request to have the staff do grocery shopping for a person with disabilities.

2. Would the requested accommodation create an undue financial hardship or administrative burden? Frequently the requested accommodation costs little or nothing. If the cost would be an undue burden, HACM may request a meeting with the individual to investigate and consider equally effective alternatives.

D. Generally the individual knows best what it is they need; however, the housing

authority retains the right to be shown how the requested accommodation enables the individual to access or use HACM's programs or services.

If more than one accommodation is equally effective in providing access to the HACM’s programs and services, we retain the right to select the most efficient or economic choice.

The cost necessary to carry out approved requests, including requests for physical modifications, will be borne by HACM if there is no one else willing to pay for the modifications. If another party pays for the modification, HACM will seek to have the same entity pay for any restoration costs.

If the resident requests as a reasonable accommodation that they be permitted to make physical modifications at their own expense, HACM will generally approve such request if it does not violate codes or affect the structural integrity of the unit.

Any request for an accommodation that would enable a resident to materially violate essential lease terms will not be approved, i.e. allowing nonpayment of rent, destruction of property, disturbing the peaceful enjoyment of others, etc.

3.1 SERVICES FOR LIMITED-ENGLISH PROFICIENCY

APPLICANTS AND RESIDENTS

The HACM shall do its best, within reason, to assist people with Limited English Proficiency (LEP). This shall be accomplished by assessing the need of LEP persons using the four factors described in the January 22, 2007 Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice published in the Federal Register. The HACM shall balance these factors in deciding what to do:

A. The number or proportion of LEP persons served or encountered in the eligible

service area;

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B. The Frequency with which LEP individuals come in contact with the program;

C. The nature and importance of the program, activity, or service provided by the program; and

D. The resources available to HACM and costs.

Depending upon what this analysis reveals, HACM may or may not prepare a Language Access Plan (LAP). If a LAP is needed, the guidance outlined in the above reference Notice shall be utilized.

In addition, HACM will endeavor to have bilingual staff or access to people who speak languages other than English. Finally, HACM shall utilize multilingual “I speak” cards to the maximum degree possible.

4.0 FAMILY OUTREACH

HACM will publicize the availability and nature of the public housing program for applicant families in a newspaper of general circulation. To reach people who cannot or do not read the newspapers, HACM will distribute fact sheets to the broadcasting media. HACM will also try to utilize public service announcements.

HACM will communicate the status of housing availability to other service providers in the community and inform them of housing eligibility factors and guidelines so they can make proper referrals for the public housing program.

5.0 RIGHT TO PRIVACY

All adult members of both applicant and tenant households are required to sign HUD Form 9886, Authorization for Release of Information and Privacy Act Notice. The Authorization for Release of Information and Privacy Act Notice states how family information will be released and includes the Federal Privacy Act Statement.

Any request for applicant or resident information will not be released unless there is a signed release of information request from the applicant or resident.

6.1 REQUIRED POSTINGS

In each of its offices, HACM will post, in a conspicuous place and at a height easily read by all persons including persons with mobility disabilities, the following information:

A. Statement of Policies and Procedures governing Admission and Continued

Occupancy

B. Notice of the status of the waiting list (opened or closed)

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C. A listing of all the developments by name, address, number of units, units designed with special accommodations, address of all development offices, office hours, telephone numbers, TDD numbers, and resident facilities and operation hours

D. Income Limits for Admission

E. Flat Rent Schedule

F. Excess Utility Charges

G. Utility Allowance Schedule

H. Current Schedule of Routine Maintenance Charges

I. Dwelling Lease

J. Grievance Procedure

K. Fair Housing Poster

L. Equal Opportunity in Employment Poster

M. HACM’s PHAS score and designation

7.0 TAKING APPLICATIONS

Persons wishing to apply for the family public housing will be required to complete an application for housing assistance. Applications will be accepted only during times of open enrollment. Instructions for submitting an application will be provided as part of the announcement opening the waiting list.

Persons wishing to apply for elderly/disabled public housing may request an application by calling 286-5678. Applications will be sent to those individuals and will only be accepted by return mail. Persons with disabilities applying for family housing may only do so during the open enrollment period.

Persons who have been evicted or moved under eviction notice issued by the HACM or whose previous application was rejected due to reasons stated in Section 7.4 are required to wait two years from the move out date or date the application was rejected, whichever the case may be, before re-applying.

Applications are taken to compile a waiting list. Due to the demand for housing in HACM’s jurisdiction, applications are taken on an open enrollment basis.

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Completed applications will be accepted from all applicants and HACM will verify the information.

The completed application will be dated and time stamped by HACM.

Persons with disabilities who require a reasonable accommodation in completing an application may call HACM to make special arrangements. A Telecommunication Device for the Deaf (TDD) is available for the deaf. The TDD telephone number is (414) 286-3504).

The application process will involve two phases. The first phase is the initial application for housing assistance or the pre-application. The pre-application requires the family to provide limited basic information, which will be used to place the family on HACM’s wait list.

The applicant must report any changes in their applicant status including changes in family composition, income, or address. HACM will annotate the applicant’s file and will update their place on the waiting list.

The second phase is the final determination of eligibility, referred to as the full application. The full application takes place when the family nears the top of the waiting list. HACM will ensure the verification of all eligibility factors in order to determine the family’s final eligibility for admission into the Public Housing Program.

8.0 ELIGIBILITY FOR ADMISSION

8.1 INTRODUCTION

There are five eligibility requirements for admission to public housing: qualifies as a family, has an income within the income limits, meets citizenship/eligible immigrant criteria, provides documentation of Social Security numbers, and signs consent authorization documents. In addition to the eligibility criteria, families must also meet HACM’s screening criteria in order to be admitted to public housing or public housing units located in Low Income Housing Tax Credit (LIHTC) properties.

8.2 ELIGIBILITY CRITERIA

A. Family Status-

All families must have a Head of Household or Co-Heads of Household. Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

1. A family with or without children. Such a family is defined as a group

of people related by blood, marriage, adoption or affinity (regardless of actual or perceived sexual orientation, gender identity, or marital status) that live together in a stable family relationship.

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a. Children temporarily absent from the home due to placement in foster care are considered family members.

b. Unborn children and children in the process of being adopted are considered family members for the purpose of determining bedroom size but are not considered family members for determining income limit.

2. An elderly family, which is:

a. A family whose head (including co-head), spouse, or sole member

is a person who is at least 62 years of age;

b. Two or more persons who are at least 62 years of age living together; or

c. One or more persons who are at least 62 years of age living with

one or more live-in aides.

3. A near-elderly family, which is:

a. A family whose head (including co-head), spouse, or sole member is a person who is at least 50 years of age but below the age of 62;

b. Two or more persons, who are at least 50 years of age but below

the age of 62, living together; or

c. One or more persons, who are at least 50 years of age but below the age of 62, living with one or more live-in aides.

4. A disabled family, which is:

a. A family whose head (including co-head), spouse, or sole member

is a person with disabilities;

b. Two or more persons with disabilities living together; or

c. One or more persons with disabilities living with one or more live- in aides.

5. A displaced family, which is a family in which each member, or whose

sole member, has been displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws.

6. A remaining member of a resident family.

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7. A single person who is not an elderly or displaced person, a person with disabilities, or the remaining member of a resident family.

B. Income eligibility for public housing developments

1. To be eligible for admission, the family's annual income must be within

the low-income limit set by HUD. This means the family income cannot exceed 80 percent of the area median income (AMI) as established by HUD by family size.

2. Income limits apply only at admission and are not applicable for continued

occupancy.

3. A family may not be admitted to the public housing program from another assisted housing program (e.g., tenant-based Section 8) or from a public housing program operated by another housing authority without meeting the income requirements of HACM.

4. Income limit restrictions do not apply to families transferring within our

Public Housing Program.

C. Income Eligibility for Low Income Housing Tax Credit (LIHTC) developments

1. To be eligible for admission to a public housing unit in a tax credit development, the family’s annual income must be within the limits established for the Low Income Housing Tax Credit Program by the Wisconsin Housing and Economic Development Authority (WHEDA).

2. Income Limits for public housing units in a tax credit development apply both

at the time of admission and are also applicable at the time of annual recertification.

3. Applicants who apply for admission to any public housing unit at a low

income housing tax credit development must meet the all other eligibility requirements for admission before any further screening steps are undertaken. These requirements cannot be waived, nor are they subject to mitigating circumstances.

D. Citizenship/Eligibility Status

1. To be eligible each member of the family must be a citizen, national, or a

non-citizen who has eligible immigration status under one of the categories set forth in Section 214 of the Housing and Community Development Act of 1980 (see 42 U.S.C. 1436a(a)) or a citizen of the Republic of Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. However, people in the last category are not entitled to

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housing assistance in preference to any United States citizen or national resident within Guam.

2. Family eligibility for assistance.

a. A family shall not be eligible for assistance unless every member

of the family residing in the unit is determined to have eligible status, with the exception noted below.

b. Despite the ineligibility of one or more family members, a mixed

family may be eligible for one of three types of assistance. (See Section 13.5 for calculating rents under the noncitizen rule)

c. A family without any eligible members and receiving assistance on

June 19, 1995 may be eligible for temporary deferral of termination of assistance.

All adults must be able to sign the lease. If the State of Wisconsin forbids individuals with ineligible immigration status from executing contracts (i.e. leases or other legal binding documents), then they are ineligible for this program.

E. Social Security Number Documentation

Prior to admission, every family member must provide HACM with a complete and accurate Social Security Number unless they do not contend eligible immigration status. New family members must provide this verification prior to being added to the lease. If the new family member became a member of the household within six months prior to the date of admission and is under the age of six and has not been assigned a Social Security Number, the family shall have ninety (90) calendar days after starting to receive the assistance to provide a complete and accurate Social Security Number. HACM shall grant one ninety (90) day extension for newly-added family members under the age of six if in its sole discretion it determines that the person’s failure to comply was due to circumstances that could not have reasonably been foreseen and was outside the control of the person. If the Social Security Number is not provided within the required period, the assistance shall be terminated.

If a person is already a program participant and has not disclosed his or her Social Security Number, it must be disclosed at the next re-examination or recertification.

The best verification of the Social Security Number is the original Social Security card. If the card is not available, HACM will accept an original document issued by a federal or state government agency, which contains the name of the individual and the Social Security Number of the individual, along with other

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identifying information of the individual or such other evidence of the Social Security Number as HUD may prescribe in administrative instructions.

If a member of an applicant family indicates they have a Social Security Number, but cannot readily verify it, the family cannot be assisted until verification is provided. If the Social Security Number of each household member cannot be provided to HACM within 45 calendar days of it being requested, the family is removed from the waiting list. During this 45 calendar days, if all household members have not disclosed their Social Security Number at the time a unit becomes available, HACM must offer the available unit to the next eligible applicant family on the waiting list.

If an individual fails to provide the verification within the time allowed, the family will be denied assistance or will have their assistance terminated. HACM shall grant one ninety (90) day extension from termination if in its sole discretion it determines that the person’s failure to comply was due to circumstances that could not have reasonably been foreseen and there is a reasonable likelihood that the person will be able to disclose a Social Security Number by the deadline.

F. Signing Consent Forms

1. In order to be eligible, each member of the family who is at least 18 years

of age, and each family head and spouse regardless of age, shall sign one or more consent forms.

2. The consent form must contain, at a minimum, the following:

a. A provision authorizing HUD or HACM to obtain from State

Wage Information Collection Agencies (SWICAs) any information or materials necessary to complete or verify the application for participation or for eligibility for continued occupancy; and

b. A provision authorizing HUD or HACM to verify with previous or

current employers or other sources of income information pertinent to the family's eligibility for or level of assistance;

c. A provision authorizing HUD to request income information from

the IRS and the SSA for the sole purpose of verifying income information pertinent to the family's eligibility or level of benefits; and

d. A statement allowing HACM permission to access the applicant’s

criminal record with any and all police and/or law enforcement agencies; and

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e. A statement that the authorization to release the information requested by the consent form expires 15 months after the date the consent form is signed.

f. Authorization to obtain credit reports.

G. Special College Student Eligibility Rules

In order to be eligible for public housing, college students living outside their parents or guardians homes must have established a separate household for at least one year prior to applying to the public housing program. This will be verified by presenting to HACM evidence of the establishment of the separate household.

The college student must not be claimed as a dependent by parents or guardians on their IRS returns. This will be verified by examining the student’s IRS return for the previous year. HACM will examine the box that asks if someone else claimed them on their tax return.

If the student is receiving an athletic scholarship that includes over $5000 a year for housing costs, the student shall not be eligible for public housing.

8.3 SUITABILITY

A. Applicant families will be evaluated to determine whether, based on their recent

behavior, such behavior could reasonably be expected to result in noncompliance with the public housing lease. HACM will look at past conduct as an indicator of future conduct. Emphasis will be placed on whether a family's admission could reasonably be expected to have a detrimental effect on the development environment, other residents, HACM employees, or other people residing in the immediate vicinity of the property. Otherwise eligible families will be denied admission if they fail to meet the suitability criteria.

B. HACM will consider objective and reasonable aspects of the family's background,

including the following:

1. History of meeting financial obligations, especially rent;

2. Ability to maintain (or with assistance would have the ability to maintain) their housing in a decent and safe condition based on living or housekeeping habits and whether such habits could adversely affect the health, safety, or welfare of other residents;

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3. History of criminal activity by any household member involving crimes of physical violence against persons or property and any other criminal activity including drug-related criminal activity that would adversely affect the health, safety, or well being of other tenants or staff or cause damage to the property;

4. History of disturbing neighbors or destruction of property;

5. Having committed fraud in connection with any Federal housing

assistance program, including the intentional misrepresentation of information related to their housing application or benefits derived there from; and

6. History of abusing alcohol in a way that may interfere with the health,

safety, or right to peaceful enjoyment by others.

C. HACM will ask applicants to provide information demonstrating their ability to comply with the essential elements of the lease. HACM will verify the information provided. Such verification may include but may not be limited to the following:

1. A credit check of the head, spouse and co-head; and all persons over the

age of 18.

2. A rental history check of all adult family members;

3. A criminal background check on all adult household members, including live-in aides. This check will be made through State or local law enforcement or court records in those cases where the household member has lived in the local jurisdiction for the last three years. Where the individual has lived outside the local area, HACM may contact law enforcement agencies where the individual had lived or request a check through the FBI's National Crime Information Center (NCIC);

4. A check of the State's lifetime sex offender registration program for each adult

household member, including live-in aides. No individual registered with this program will be admitted to public housing or public housing units located in Low Income Housing Tax Credit (LIHTC) properties.

5. HACM will check HUD’s Earned Income Verification (EIV) system for debts

owed and adverse terminations information from prior tenancies with subsidized housing providers.

If an applicant is about to be denied housing based on either the criminal check or

the sex offender registration program, the applicant will be informed of this fact and given an opportunity to dispute the accuracy of the information before the denial or eviction occurs. Applicants that are denied housing will be given a “Notice of Occupancy Rights under the Violence Against Women Act” which

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provides information on their rights and responsibilities under the Violence Against Women Act (VAWA). A copy of the HUD-approved Certification form shall also be provided with this notice.

8.4 GROUNDS FOR DENIAL

HACM is not required or obligated to assist applicants who: A. Do not meet any one or more of the eligibility criteria;

B. Do not supply information or documentation required by the application process

or fail to supply the information in a timely manner;

C. Have failed to respond to a written request for information or a request to declare their continued interest in the program;

D. Have a history of not meeting financial obligations, especially rent;

E. Do not have the ability to maintain (with assistance) their housing in a decent and

safe condition where such habits could adversely affect the health, safety, or welfare of other residents;

F. Have a history of criminal activity by any household member involving crimes of

physical violence against persons or property and any other criminal activity including drug-related criminal activity that would adversely affect the health, safety, or well-being of other tenants or staff or cause damage to the property;

Being a victim of domestic violence, dating violence, sexual assault or stalking is not an appropriate basis for denial of program assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission. HACM will require verification in all cases where an applicant claims protection against an action proposed to be taken by HACM involving such individual. Types of acceptable verifications are outlined in Section 20.2B of the Admissions and Continued Occupancy Policy, and must be submitted within 14 business days after receipt of HACM’s written request for verification;

G. Have a history of disturbing neighbors or destruction of property;

H. Currently owes rent or other amounts to any housing authority in connection with

their public housing or Section 8 programs;

I. Have committed fraud, bribery or any other corruption in connection with any Federal housing assistance program, including the intentional misrepresentation of information related to their housing application or benefits derived there from;

J. Were evicted from assisted housing within the past five years because of drug-

related criminal activity. The five year limit is based on the date of such eviction, not the date the crime was committed.

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However, HACM may admit the household if the PHA determines:

1. The evicted household member who engaged in drug-related criminal activity

has successfully completed a supervised drug rehabilitation program approved by HACM; or

2. The circumstances leading to the eviction no longer exist (for example, the criminal household member is imprisoned or has died).

K. Are currently engaging in the illegal use of a controlled substance. For purposes

of this section, a member is “currently engaged in” the criminal activity if the person has engaged in this behavior recently enough to justify a reasonable belief that the behavior is current;

L. HACM determines that it has reasonable cause to believe that a household member’s illegal use or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents;

M. HACM determines that it has reasonable cause to believe that a household

member’s abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents;

With respect to criminal activity described in paragraphs J, K, L, and M of this Section, HACM may require an applicant to exclude a household member in order to be admitted to public housing where that household member has participated in or been culpable for actions described in paragraphs J, K, L, and M that warrants denial.

N. Have engaged in or threatened abusive or violent behavior towards any HACM

staff member or resident.

O. Fugitive felons, parole violators, and persons fleeing to avoid prosecution or custody or confinement after conviction for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees;

P. For public housing units located in a Low Income Housing Tax Credit property,

any household member expected to be living in the unit evicted from any property;

Q. Denied for Life: If any family member has been convicted of manufacturing or

producing methamphetamine (speed) in a public housing development or in a Section 8 assisted property;

R. Denied for Life: Has a lifetime registration under a State sex offender registration

program.

In determining whether to deny admission for illegal drug use by a household member

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who is no longer engaging in such abuse, or for abuse or a pattern of abuse of alcohol by a household member who is no longer engaging in such abuse, HACM may consider whether such household member:

1. Is participating in a supervised drug or alcohol rehabilitation program; 2. Has successfully completed a supervised drug or alcohol rehabilitation program;

or

3. Has otherwise been successfully rehabilitated.

For this purpose, HACM will require the applicant to submit evidence of the household member’s current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully.

For denying an admission based on any criminal activity, an arrest record, alone, will not serve as sufficient evidence of criminal activity that can support an adverse admission decision. Before HACM denies admission to an individual or household on the basis of criminal activity by a household member or guest, it will determine that the relevant individual actually engaged in such activity.

An arrest record can trigger an inquiry into whether there is sufficient evidence to determine that a person engaged in disqualifying criminal activity, but is not itself evidence on which to base a determination. HACM can utilize other evidence, such as police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for determining that the disqualifying conduct in fact occurred.

Before HACM denies admission to its public housing program on the basis of a criminal record, HACM must notify the household of the proposed action and must provide the person with the criminal record (i.e., a child) and the applicant (head of household) with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. The applicant will have ten (10) business days to dispute the accuracy and relevance of the record in writing. If HACM does not receive the dispute within the allotted time, the applicant will be denied.

8.5 INFORMAL REVIEW

A. If HACM determines that an applicant does not meet the criteria for receiving

public housing assistance, the applicant will receive written notice of this determination. The notice will contain a brief statement of the reason(s) for the decision and state that the applicant may request an informal review of the decision within 10 business days of the denial. HACM will describe how to obtain the informal review.

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The informal review will be conducted by a person designated by HACM, other than a person who made or approved the decision under review or subordinate of this person. The applicant will be given the opportunity to present written or oral objections to HACM's decision. HACM will notify the applicant of the final decision within 30 business days after the informal review, including a brief statement of the reasons for the final decision. If the decision to deny housing is affirmed, the applicant will be ineligible to apply for housing for a period of 24 months.

B. The participant family may request that HACM provide for an Informal Hearing

after the family has notification of an INS decision on their citizenship status on appeal, or in lieu of request of appeal to the INS. This request must be made by the participant family within 30 days of receipt of the Notice of Denial or Termination of Assistance, or within 30 days of receipt of the INS appeal decision.

For the participant families, the Informal Hearing Process above will be utilized with the exception that the participant family will have up to 30 days of receipt of the Notice of Denial or Termination of Assistance, or of the INS appeal decision.

9.0 MANAGING THE WAITING LIST

9.1 OPENING AND CLOSING THE WAITING LIST

Opening of the waiting list will be announced with a public notice stating that applications for public housing will again be accepted. The public notice will state where, when, and how to apply. The notice will be published in a local newspaper of general circulation. The public notice will state any limitations as to who may apply.

The notice will state that applicants already on waiting lists for other housing programs must apply separately for this program and such applicants will not lose their place on other waiting lists when they apply for public housing. The notice will include the Fair Housing logo and slogan and will be in compliance with Fair Housing requirements.

Closing of the waiting list will also be announced with a public notice. The public notice will state the date the waiting list will be closed and for what bedroom sizes. The public notice will be published in a local newspaper of general circulation.

9.2 ORGANIZATION OF THE WAITING LIST

The waiting list will be maintained in accordance with the following guidelines:

A. The application will be either an electronic and/or paper file;

B. All applications will be maintained in order of bedroom size, preference, and then

in order of date and time of application; and

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9.3 FAMILIES NEARING THE TOP OF THE WAITING LIST When a family appears to be within three (3) months of being offered a unit, the family will be invited to an interview and the verification process will begin

The family will complete a full application, present Social Security number information, citizenship/eligible immigrant information, and sign the Consent for Release of Information forms.

9.4 PURGING THE WAITING LIST

HACM will update and purge its waiting list on a regular basis to ensure that the pool of applicants reasonably represents the interested families for whom HACM has current information, i.e. applicant's address, family composition, income category, and preferences. It will be applicant’s responsibility to notify HACM of any changes in address.

9.5 REMOVAL OF APPLICANTS FROM THE WAITING LIST

HACM will remove an applicant’s name from the waiting list if:

A. The applicant requests that the name be removed;

B. The applicant fails to respond to a written request for information or a request to

declare their continued interest in the program; or

C. The applicant does not meet the eligibility criteria for the program. 9.6 MISSED APPOINTMENTS

All applicants who fail to keep a scheduled appointment with HACM will be withdrawn from the program.

10.0 TENANT SELECTION AND ASSIGNMENT PLAN

10.1 PREFERENCES

HACM will select families based on the following preferences within each bedroom size category:

A. Most in need (Also referred to as ‘Catastrophic Life’) B. Homeless Preference C. Designated Housing D. Broad Range of Income E. Placement from HACM-owned nonsubsidized housing

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F. Special programs G. All others

Based on the above preferences, all families in preference A will be offered housing before any families in preference B, preference B families will be offered housing before any families in preference C, and preference C families will be offered housing before any families in preference D.

The date and time of application will be noted and utilized to determine the sequence within the above prescribed preferences.

Notwithstanding the above, families who are elderly, disabled, or displaced will be offered housing before other single persons.

Catastrophic Life (Also referred to as ‘Most in Need’): The Housing Authority will accept referrals from third party agencies (i.e. social service, law enforcement, medical professionals) to consider those individuals who are currently experiencing extenuating circumstances that may warrant immediate housing consideration. In evaluating these requests, the Housing Authority will take into consideration, on a case-by-case basis, the severity of the extenuating circumstances and if, based on those circumstances, the referred individual warrants immediate housing consideration over all other applicants on the waiting list. Persons whose situations do not meet these criteria are not entitled to any type of appeal of this decision (as described in Section 7.5 Informal Review) but are allowed to submit an application for housing if the waiting list is open. Individuals whose situations do warrant special consideration under this policy must meet the Housing Authority’s screening and eligibility criteria. Homeless Preference: HACM will apply a preference for an individual or family that is homeless, and it is limited to those that are directly referred to HACM from the Milwaukee Continuum of Care partnership or CoC Coordinated Entry System. Individuals cannot apply on their own to HACM. At the time(s) that the waiting list is opened for this limited preference (as needed), HACM will provide notice to the Continuum of Care or Coordinated Entry of the total number of slots available at the time for this preference (which will be limited to a maximum number), any additional criteria for the preference (such as senior or disabled individuals, specific bedroom sizes for families, etc.), and the deadline for referrals.

Those that are eligible for the preference include individuals and families that meet the definition of homeless as defined in Category 1 or Category 4 homelessness, as defined in HUD’s PIH Notice 2013-15 (HA). HACM will rely on the Continuum of Care partner to verify that the individual or family qualifies for the preference. These definitions are below: Category 1: An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

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a. An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; or

b. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low- income individuals); or

c. An individual who is exiting an institution where he or she resided for 90 days

or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;

Category 4: Any individual or family who:

a. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual

assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; and

b. Has no other residence; and c. Lacks the resources or support networks, e.g., family, friends, and faith- based or

other social networks, to obtain other permanent housing

The Continuum of Care partnership will continue to provide case management, if available, for homeless individuals housed under this program to help ensure stability of housing.

Designated Housing: A. Developments with Units Designated for the Elderly and Disabled: The

following buildings have units that have been approved by HUD as being designated for a mixed population of elderly and disabled only: Arlington Court, College Court, Hillside Terrace, Lincoln Court, Locust Court, Mitchell Court and Riverview. In filling vacancies in these developments, equal preference will be given to elderly and disabled families. If there are no elderly or disabled families on the list, preference will then be given to near-elderly families.

B. Developments with Units Designated as Elderly Only Housing: The

following buildings have units that have been approved by HUD as being designated for elderly only: Arlington Court, College Court, and Mitchell Court. In filling vacancies in these designated units, first priority will be given to elderly families. If there are no elderly families on the list, next priority will be given to the near elderly. Using these priorities, families will be selected from the waiting list using the preferences as outlined above.

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Accessible Units: Accessible units will be first offered to families who may benefit from the accessible features who reside in the development that has the vacancy. If there are no families residing in that development needing the accessible unit, it shall then be offered to families residing in other developments who may benefit from the accessible unit. If there are no families residing in the other developments needing the accessible unit, it shall then be offered to applicants on the waiting list who may benefit from the accessible features. Applicants for these units will be selected utilizing the same preference system as outlined above. If there are no applicants who would benefit from the accessible features, the units will be offered to other applicants in the order that their names come to the top of the waiting list. Such applicants, however, must sign a release form stating they will accept a transfer (at HACM’s expense) if, at a future time, a family requiring an accessible feature applies or a family requires a transfer from a non-accessible unit. Any family required to transfer will be given a 30-day notice.

Special Programs: Occasionally, HACM may collaborate with a community-based organization to administer a special set-aside housing program to accommodate the needs of applicants with special circumstances that make it difficult for them to be admitted into or maintain occupancy in public housing. At the present time, HACM is proposing one program for such special program housing:

1. MATC Partnership: Milwaukee Area Technical College (MATC) is experiencing a number of students in their programs, including their Adult Promise Program, who are homeless and/or need housing stability to be able to complete their education. HACM will administer a separate waiting list for applicants referred by MATC for this special program. HACM will set aside a maximum of 20 units at our Hillside Terrace development for individuals or families in this situation. Selection of individuals for this housing will follow HACM’s standard eligibility and suitability criteria, and will be based on availability of apartments in the appropriate bedroom size. MATC will provide counseling, case management, and financial assistance when necessary while HACM will provide services through our Jobs Plus program during the term of the Jobs Plus grant. Applicants who quality for this program and meet eligibility and suitability guidelines will be given preference for available units to the extent necessary to meet the set-aside requirements. The public housing for each student is limited to a maximum of two years or for the term of their degree program if longer (i.e., until the next re-examination date after their graduation). After this, they will be required to move out of Hillside Terrace on their own to other housing so that other homeless students can be housed in the 20 slots.

10.2 ASSIGNMENT OF BEDROOM SIZES

The following guidelines will determine each family’s unit size without overcrowding or over-housing:

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Number of Bedrooms Number of Persons

Minimum Maximum

1 1 2

2 2 4

3 3 6

4 4 8

5 5 10

These standards are based on the assumption that each bedroom will accommodate no more than two (2) persons. A family may choose to over occupy a dwelling unit up to the limit imposed by the Milwaukee Building Code.

In determining bedroom size, HACM will include the presence of children to be born to a pregnant woman, children who are in the process of being adopted, children whose custody is being obtained, children who are temporarily away at school, or children who are temporarily in foster-care (if properly documented). A college student living away from home will be assigned a bedroom and counted as a family member with the appropriate documentation. In addition, the following considerations may be taken in determining bedroom size: A. Children of the same sex under the age of eighteen (18) years will share a bedroom. B. Children of the opposite sex, under the age of five (5) years will share a bedroom. C. Adults and children will not be required to share a bedroom. D. Spouses and partners will share a bedroom.

E. Live-in aides will get a separate bedroom.

F. An additional or separate bedroom due to a medical need: HACM will grant exceptions to normal occupancy standards when a family requests a larger size than the guidelines allow and documents a medical reason why the larger size is necessary. The following documentation will be required:

1. Written request from the family and a letter from a licensed, practicing medical physician explaining the medical need for an additional or separate bedrooms.

2. If the request is for the storage of medical equipment, the request must state the type of equipment. HACM will verify and document such equipment is present in the unit through the inspection process.

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If the request and supporting documentation is valid, the exception will be granted. If the request for an exception seems invalid and is denied, an informal review/hearing can be requested. Exceptions to normal bedroom size standards include the following:

o Units smaller than assigned through the above guidelines – A family may request a smaller unit size than the guidelines allow. HACM will allow the smaller size unit so long as the occupancy will not violate the city building code. In such situations, the family will sign a certification stating they understand they will be ineligible for a larger size unit for 3 years or until the family size changes, whichever may occur first.

o If there are no families on the waiting list for a larger bedroom size, smaller

families may be housed in the larger unit, at the convenience of HACM.

o Larger units may be offered in order to improve the marketing of a development suffering a high vacancy rate.

LIVE-IN AIDE: A live-in aide is a person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who:

1. Is determined to be essential to the care and well-being of the person(s); 2. Is not obligated for the support of the person(s); and 3. Would not be living in the unit except to provide the necessary supportive services.

If a live-in aide needed, HACM must verify the need for a live-in aide as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by a family member with disabilities. Live-in aides are household members, not family members, regardless of their familial relationship; therefore, live-in aides retain no rights to a unit upon the death, eviction, departure, or abandonment by the qualified resident with the disability who needed the live-in aide. If the qualified resident requiring the services of the live-in aide dies or leaves the unit, the live-in aide and the live-in aide’s family members must vacate the unit within 30 calendar days. If a family member is designated as the live-in aide of another family member, that family member will no longer have remaining rights to the unit should the head of household leave the unit. A live-in aide who is requesting to add his/her family members to the lease will also have his/her family members status added as live-in aide household members and they will also have no remaining rights to the unit. The live-in aide and his/her household members cannot reclassify themselves as family members. A live-in aide’s income is not counted towards the calculation of the resident’s income eligibility or rent for the unit. A live-in aide’s family members will not be counted toward

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the resident’s income eligibility, rent, bedroom size, or child deductions for the resident. A live-in aide is allocated a separate bedroom for the purposes of bedroom size for the household. Family members of a live-in aide that are children under 18, children 18 or older who are a student, or a spouse may also reside in the unit, providing doing so does not require an additional bedroom for the Family and that the presence of the live-in aide’s Family member(s) does not overcrowd the unit. Live-in aides and any family members of the live-in aide 18 or older are required to meet all admissions screening criteria. A live-in aide who does not pass screening will be rejected.

10.3 SELECTION FROM THE WAITING LIST

HACM will follow the statutory requirement that not less than 40% of newly admitted families in any fiscal year will be families whose annual income is at or below 30% of the area median income. To insure this requirement is met HACM will monitor the incomes of newly admitted families and the incomes of the families on the waiting list. If it appears that the requirement to house extremely low-income families will not be met, HACM will skip higher income families on the waiting list to reach extremely low- income families.

If there are not enough extremely low-income families on the waiting list HACM will conduct outreach on a non-discriminatory basis to attract extremely low-income families to reach the statutory requirement.

The Housing Authority has adopted a broad range of income policy. When monitoring the incomes of newly admitted families, HACM may select families, regardless of their application date and time stamp, who may assist HACM in achieving its broad range of income objective. To achieve this objective, applicants may be selected from the waiting list whose total annual household income (based on family size) is extremely low (0-30% of AMI); or very low (>30% but <50% of AMI); or low income (>50% but <80% of AMI) based on the most recent income limits provided by HUD.

Under this policy, all income will be verified. If income verification indicates that the applicants selected under this preference do not meet the criteria for broad range of income preference, they will be placed back on the waiting list in date/time stamp order. If income verification documents they meet the broad range of income preference and they meet all other selection criteria, they may be offered a unit over other applicants on the waiting list.

10.4 DECONCENTRATION POLICY

It is HACM's policy to make its best efforts to provide for deconcentration of poverty and encourage income mixing by bringing higher income families into lower income

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developments and lower income families into higher income developments. Toward this end, HACM will skip families on the waiting list to reach other families with a lower or higher income. HACM will accomplish this in a uniform and non-discriminating manner.

HACM will affirmatively market its housing to all eligible income groups.

Each year during development of the Agency Plan, HACM will analyze the income levels of families residing in each of the developments subject to deconcentration and the income levels of the families on the waiting list. Based on this analysis, we will determine the level of marketing strategies and deconcentration incentives to implement.

10.5 DECONCENTRATION INCENTIVES

HACM may offer one or more incentives including wait list skipping to encourage applicant families whose income classification would help to meet the deconcentration goals of a particular development.

Various incentives may be used at different times, or under different conditions, but will always be provided in a consistent and nondiscriminatory manner.

10.6 OFFER OF A UNIT

When HACM determines that a unit will become available, HACM will contact the first family on the waiting list who has the highest priority for this type of unit or development and whose income category would help to meet the deconcentration goal and/or the income targeting goal, if appropriate. HACM will contact the family first by telephone to make the unit offer. If the family cannot be reached by telephone, the family will be notified of a unit offer via first class mail. The family will be given seven (7) business days from the date the letter was mailed to contact HACM regarding the offer.

The family will be offered the opportunity to view the unit. After the opportunity to view the unit, the family will have two (2) business days to accept or reject the unit. This verbal offer and the family’s decision must be documented in the applicant file. If the family rejects the offer of the unit, HACM will send the family a letter documenting the offer and the rejection.

10.7 REJECTION OF UNIT

If in making the offer to the family HACM skipped over other families on the waiting list in order to meet their deconcentration goal or offered the family any other deconcentration incentive and the family rejects the unit, the family will not lose their place on the waiting list and will not be otherwise penalized.

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If HACM did not skip over other families on the waiting list to reach this family, did not offer any other deconcentration incentive, and the family rejects the unit without good cause, the family will be dropped from the wait list.

If the family rejects with good cause any unit offered, they will not lose their place on the waiting list. Good cause includes reasons related to health, proximity to work, school, and childcare (for those working or going to school).

10.8 ACCEPTANCE OF UNIT

The family will be required to sign a lease that will become effective no later than three (3) business days after the date of acceptance or the business day after the day the unit becomes available, whichever is later.

The applicant will be provided a copy of the lease, the grievance procedure, utility allowances, utility charges, the current schedule of routine maintenance charges, and a request for reasonable accommodation form. These documents will be explained in detail. The applicant will sign a certification that they have received these documents and that they have reviewed them with housing authority personnel. The certification will be filed in the resident’s file.

The signing of the lease and the review of financial information will be conducted privately. The head of household and all adult family members will be required to execute the lease prior to admission. One executed copy of the lease will be furnished to the head of household and HACM will retain the original executed lease in the resident's file. A copy of the grievance procedure will be attached to the resident’s copy of the lease.

The family will pay a security deposit at the time of lease signing. The security deposit will be equal to one month’s rent or $150.00, whichever is greater

In exceptional situations, HACM reserves the right to allow a new resident to pay their security deposit in installments to be negotiated by the site manager.

In the case of a move within public housing, the security deposit for the first unit will be transferred to the second unit. Additionally, if the security deposit for the second unit is greater than that for the first, the difference will be collected from the family. Conversely, if the security deposit is less, the difference will be refunded to the family. In the event there are costs attributable to the family for bringing the first unit into condition for re-renting, the family shall be billed for these charges.

11.0 INCOME, EXCLUSIONS FROM INCOME, AND

DEDUCTIONS FROM INCOME

To determine annual income HACM counts the income of all family members, excluding the types and sources of income that are specifically excluded. HACM will calculate

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income using the exact amount of dollars and cents and will not round any money amounts. Once the annual income is determined, HACM subtracts all allowable deductions (allowances) to determine the Total Tenant Payment.

11.1 INCOME

Annual income means all amounts, monetary or not, that (24 CFR §5.609(a)):

A. Go to (or on behalf of) the family head or spouse (even if temporarily absent) or

to any other family member; or

B. Are anticipated to be received from a source outside the family during the 12- month period following admission or annual reexamination effective date; and

C. Are not specifically excluded from annual income.

If it is not feasible to anticipate a level of income over a 12-month period (e.g. seasonal or cyclic income), or HACM believes that past income is the best available indicator of expected future income, HACM may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

Annual income includes, but is not limited to, the amounts specified in the federal regulations currently found in 24 CFR §5.609:

A. The full amount, before any payroll deductions, of wages and salaries, overtime

pay, commission, fees, tips and bonuses, and other compensation for personal services.

B. The net income from the operation of a business or profession. Expenditures for

business expansion or amortization of capital indebtedness are not used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession is included in income, except to the extent the withdrawal is a reimbursement of cash or assets invested in the operation by the family.

C. Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness are not used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from an investment is included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income includes the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD. Income that could have been derived from assets worth

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more than $1000 that were disposed of for less than fair market value within the past two years will be counted as income.

D. The full amount of periodic amounts received from Social Security, annuities,

insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount. (However, deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts are excluded.)

E. Payments in lieu of earnings, such as unemployment and disability compensation,

worker's compensation, and severance pay. (However, lump sum additions such as insurance payments from worker's compensation are excluded.)

F. Welfare Assistance

1. Welfare assistance payments.

a. Welfare assistance payments made under the Temporary

Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:

i: Qualify as assistance under the TANF program definition at 45 CFR 260.31; and

ii: Are not otherwise excluded under Section 10.2 of this Policy.

b. If the welfare assistance payment includes an amount specifically

designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income consists of:

i) The amount of the allowance or grant exclusive of the

amount specifically designated for shelter or utilities; plus

ii) The maximum amount that the welfare assistance agency could, in fact, allow the family for shelter and utilities. If the family’s welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this requirement is the amount resulting from one application of the percentage.

2. Imputed welfare income

a. A family’s annual income includes the amount of imputed

welfare income (because of specified welfaire benefits reductions

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resulting from either welfare fraud or the failure to comply with economic self-sufficiency requirements, as specified in notice to HACM by the welfare agency) plus the total amount of other annual income.

b. At the request of HACM, the welfare agency will inform HACM

in writing of the amount and term of any specified welfare benefit reduction for a family member, and the reason for such reduction, and will also inform HACM of any subsequent changes in the term or amount of such specified welfare benefit reduction. HACM will use this information to determine the amount of imputed welfare income for a family.

c. A family’s annual income includes imputed welfare income in family annual income, as determined at an interim or annual reexamination of family income and composition during the term of the welfare benefits reduction (as specified in information provided to HACM by the welfare agency).

d. The amount of the imputed welfare income is offset by the amount of additional income a family received that commences after the time the sanction was imposed. When such additional income from other sources is at least equal to the imputed welfare income, the imputed welfare income is reduced to zero.

e. HACM will not include imputed welfare income in annual income if the family was not an assisted resident at the time of the sanction.

f. If a resident is not satisfied that HACM has calculated the amount of imputed welfare income in accordance with HUD requirements, and if HACM denies the family’s request to modify such amount, the HACM shall give the resident written notice of such denial, with a brief explanation of the basis for HACM’s determination of the amount of imputed welfare income. HACM’s notice shall also state that if the resident does not agree with the determination, the resident may grieve the decision in accordance with our grievance policy. The resident is not required to pay an escrow deposit for the portion of the resident’s rent attributable to the imputed welfare income in order to obtain a grievance hearing.

3. Relations with welfare agencies

a. HACM will ask welfare agencies to inform it of any specified

welfare benefits reduction for a family member, the reason for such reduction, the term of any such reduction, and any subsequent welfare agency determination affecting the amount or

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term of a specified welfare benefits reduction. If the welfare agency determines a specified welfare benefits reduction for a family member, and gives HACM written notice of such reduction, the family’s annual incomes shall include the imputed welfare income because of the specified welfare benefits reduction.

b. HACM is responsible for determining the amount of imputed welfare income that is included in the family’s annual income as a result of a specified welfare benefits reduction as determined by the welfare agency and specified in the notice by the welfare agency to the housing authority. However, HACM is not responsible for determining whether a reduction of welfare benefits by the welfare agency was correctly determined by the welfare agency in accordance with welfare program requirements and procedures, nor for providing the opportunity for review or hearing on such welfare agency determinations.

c. Such welfare agency determinations are the responsibility of the welfare agency, and the family may seek appeal of such determinations through the welfare agency’s normal due process procedures. HACM shall rely on the welfare agency notice to HACM of the welfare agency’s determination of a specified welfare benefits reduction.

G. Periodic and determinable allowances, such as alimony, child support payments,

and regular contributions or gifts received from organizations or from persons not residing in the dwelling.

H. All regular pay, special pay, and allowances of a member of the Armed Forces.

(Special pay to a member exposed to hostile fire is excluded.) 11.2 (EXCLUSIONS FROM) ANNUAL INCOME

Annual income does not include the following (24 CFR 5.609(c)):

A. Income from employment of children (including foster children) under the age of

18 years;

B. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the resident family, who are unable to live alone) or payments made under Kin-GAP or similar guardianship care programs for children leaving the juvenile court system;

C. 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,;

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D. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;

E. Income of a live-in aide, (as defined in §5.403);

F. The full amount of student financial assistance paid directly to the student or to

the educational institution unless it is an athletic scholarship that includes assistance available for housing costs and that portion is included in income;

G. The special pay to a family member serving in the Armed Forces who is exposed

to hostile fire;

H. The amounts received from the following programs:

1. Amounts received under training programs funded by HUD:

2. Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);

3. Amounts received by a participant in other publicly assisted programs that

are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and that are made solely to allow participation in a specific program;

4. Amounts received under a resident service stipend. A resident service

stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the housing authority or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, and resident initiatives coordination. No resident may receive more than one such stipend during the same period of time;

5. Incremental earnings and benefits received by any family member from

participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the employment training program;

6. Temporary, nonrecurring or sporadic income (including gifts). This

specifically includes temporary income payments from the U. S. Census Bureau, defined as employment lasting no longer than 180 days per year and not culminating in permanent employment;

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7. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;

8. Earnings in excess of $480 for each full-time student 18 years old or older

(excluding the head of household and spouse);

9. Adoption assistance payments in excess of $480 per adopted child;

10. The incremental earnings due to employment during a cumulative 12- month period after the date of initial hire shall be excluded. This exclusion is only available to the following families:

a. Families whose income increases as a result of employment of a family member who was previously unemployed for one or more years.

b. Families whose income increases during the participation of a family member in any economic self-sufficiency or other job training program.

c. Families who are or were, within 6 months, assisted under a State TANF or Welfare-to-Work program.

This is often referred to as the Earned Income Disregard.

During the second cumulative 12-month period after the date of initial hire, 50% of the increased income shall be excluded from income. The disallowance of increased income of an individual family member is limited to a lifetime 48-month period. It only applies for 12 months of the 100% exclusion and 12 months of the 50% exclusion. This is true if it is implemented prior to August 10, 2016. After that date, the lifetime Disregard will end 24 months after it began.

(While HUD regulations allow for the housing authority to offer an escrow account in lieu of having a portion of their income excluded under this paragraph, it is the policy of this housing authority to provide the exclusion in all cases.)

11. Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts;

12. Amounts received by the family in the form of refunds or rebates under

State or local law for property taxes paid on the dwelling unit;

13. Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services

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and equipment needed to keep the developmentally disabled family member at home; or

14. Amounts specifically excluded by any other Federal statute from

consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. These exclusions include:

a. The value of the allotment provided to an eligible household under

the Food Stamp Act of 1977 (7 U.S.C. 2017(b));

b. Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(f)(1), 5058);

c. Certain Payments received under the Alaska Native Claims

Settlement Act (43 U.S.C. 1626(c));

d. Income derived from certain submarginal land of the U.S. that is held in trust for certain Indian tribes (25 U.S.C. 459e);

e. Payments or allowances made under the Department of Health and

Human Services’ Low-Income Energy Assistance Program (42 U.S.C. 8624(f));

f. Income derived from the disposition of funds to the Grand River

Band of Ottawa Indians (Pub.L. 94-540, section 6);

g. The first $2000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407);

h. Amounts of scholarships funded under title IV of the Higher

Education Act of 1965 (20 U.S.C. 1070), including awards under Federal work-study program or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). See definition of Tuition in Glossary;

i. Payments received from programs funded under Title V of the

Older Americans Act of 1965 (42 U.S.C. 3056 (g));

j. Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund (Pub. L. 101-201) or any other fund established pursuant to the settlement in In Re Agent-Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);

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k. Payments received under the Maine Indian Claims Settlement Act

of 1980 (Pub. L. 96-420, 25 U.S.C. 1721);

l. The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q);

m. Earned income tax credit (EITC) refund payments received on or

after January 1, 1991, for programs administered under the United States Housing Act of 1937, title V of the Housing Act of 1949, section 101 of the Housing and Urban Development Act of 1965, and sections 221(d)(3), 235, and 236 of the National Housing Act (26 U.S.C. 32(l));

n. Payments by the Indian Claims Commission to the Confederated

Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433);

o. Allowances, earnings and payments to AmeriCorps participants

under the National and Community Service Act of 1990 (42 U.S.C. 12637(d));

p. Any allowance paid under the provisions of 38 U.S.C. 1883(c) to

children of Vietnam veterans born with spina bifida (38 U.S.C. 1802-05), children of women Vietnam veterans born with certain birth defects (38 U.S.C. 1811-16), and children of certain Korean service veterans born with spina bifida (38 U.S.C. 1821);

q. Any amount of crime victim compensation (under the Victims of

Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602(c));

r. Allowances, earnings and payment to individuals participating in programs under the Workforce Investment Act of 1998 (29 U.S.C. 2931(a)(2));

s. Any amount received under the Richard B. Russell School Lunch

Act (42 U.S.C. 1760(e)) and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced-price lunches and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC);

t. Payments, funds or distributions authorized, established, or

directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C.

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1774f(b));

u. Payments from any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts (42 U.S.C. § 1437a(b)(4));

v. Compensation received by or on behalf of a veteran for service-

connected disability, death, dependency, or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub.L. 111-269; 25 U.S.C. 4103(9))) to the definition of income applicable to programs authorized under the Native American Housing Assistance and Self-Determination Act (NAHASDA) (25 U.S.C. 4101 et seq.) and administered by the Office of Native American Programs;

w. A lump sum or a periodic payment received by an individual

Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., 816 F. Supp. 2d 10 (Oct. 5, 2011 D.D.C.), for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010 (Pub.L. 111-291);

x. Any amounts in an “individual development account” as provided

by the Assets for Independence Act, as amended in 2002 (Pub. L. 107-110, 42 U.S.C. 604(h)(4));

y. Per capita payments made from the proceeds of Indian Tribal Trust

Cases as described in PIH Notice 2013-30 “Exclusion from Income of Payments under Recent Tribal Trust Settlements” (25 U.S.C. 117b(a));

z. Major disaster and emergency assistance received by individuals

and families under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288, as amended) comparable disaster assistance provided by States, local governments, and disaster assistance organizations (42 U.S.C. 5155(d)).

HACM will not provide exclusions from income in addition to those already provided for by HUD.

11.3 DEDUCTIONS FROM ANNUAL INCOME

The following deductions will be made from annual income:

A. $480 for each dependent;

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B. $400 for any elderly family or disabled family;

C. The sum of the following, to the extent the sum exceeds three percent of annual

income:

1. Unreimbursed medical expenses of any elderly family or disabled family including any fee paid by the participant for the Medicare Prescription Drug Program; and

2. Unreimbursed reasonable attendant care and auxiliary apparatus expenses for

each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed, but this allowance may not exceed the earned income received by family members who are 18 years of age or older who are able to work because of such attendant care or auxiliary apparatus.

D. Reasonable childcare expenses for children 12 and younger necessary to enable a

member of the family to be employed or to further his or her education. This deduction shall not exceed the amount of employment income that is included in annual income.

12.0 VERIFICATION

It shall be the responsibility of the tenant to provide documentation required to verify eligibility for admission or continued occupancy, including information required to determine income and rent. HACM will verify information related to eligibility, admission, and level of benefits prior to admission. Periodically during occupancy, items related to eligibility and rent determination shall also be reviewed and verified. Income, assets, and expenses will be verified, as well as disability status, need for a live-in aide and other reasonable accommodations; full time student status of family members 18 years of age and older; Social Security numbers; and citizenship/eligible noncitizen status. Age and relationship will only be verified in those instances where needed to make a determination of level of assistance. HACM will allow electronic form completion and use of scanned documents to verify program information. In addition, HACM may use electronic signatures for documents and forms, except in cases where regulatory guidance prohibits the use of electronic signatures.

12.1 ACCEPTABLE METHODS OF VERIFICATION

Age, relationship, U.S. citizenship, and Social Security numbers will generally be verified with documentation provided by the family. For citizenship, the family's certification will be accepted. (Or, for citizenship, documentation such as listed below will be required.) Verification of these items will include photocopies of the Social

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Security cards and other documents presented by the family, the INS SAVE approval code, and forms signed by the family.

Other information will be verified by the following five verification methods acceptable to HUD, in the order of preference indicated:

1. Upfront Income Verifications (UIV)

UIV is the verification of income through an independent source that systematically maintains income information in computerized form for a large number of individuals.

Current UIV resources include the following:

a. Enterprise Income Verification (EIV) – The EIV system is a

web-based application, which provides PHAs with employment, wage, unemployment compensation and social security benefit information of tenants who participate in the Public Housing and various Section 8 programs under the jurisdiction of the Office of Public and Indian Housing (PIH). Information in EIV is derived from computer matching programs initiated by HUD with the Social Security Administration (SSA) and the U.S. Department of Health and Human Services (HHS), for all program participants with valid personal identifying information (name, date of birth (DOB), and social security number (SSN)) reported on the form HUD-50058. Use of the EIV system in its entirety is mandatory for all annual and interim re-examinations. HACM will monitor the following EIV reports on a monthly basis – (1) Deceased Tenants Report, (2) Identity Verification Report, and (3) Immigration Report. In addition, it will monitor on a quarterly basis the following EIV reports – (1) Income Discrepancy Report, Multiple Subsidy Report, and the New Hires Report. Whether or not an admission is homeless will be noted in the 50058.

b. State Wage Information Collection Agencies (SWICAs)

c. State systems for the Temporary Assistance for Needy Families

(TANF) program

d. Credit Bureau Information (CBA) credit reports

e. Internal Revenue Service (IRS) Letter 1722

f. Private sector databases (e.g. The Work Number)

The HACM will use additional EIV resources as they become available. This will be done before, during and/or after examinations and/or reexaminations of household income as appropriate.

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It is important to note that EIV data will only be used to verify a participant’s eligibility for participation in a rental assistance program and to determine the level of assistance the participant is entitled to receive and only by properly trained persons whose duties require access to this information. Any other use, unless approved by the HUD Headquarters EIV Security System Administrator, is specifically prohibited and will not occur.

No adverse action can be taken against a participant until the HACM has independently verified the EIV information and the participant has been granted an opportunity to contest any adverse findings through the established grievance procedure. The consequences of adverse findings may include the HACM requiring the immediate payment of any over- subsidy, the entering into a repayment agreement, eviction, criminal prosecution, or any other appropriate remedy.

Furthermore, the information the HACM derives from the EIV system will be protected to ensure that it is utilized solely for official purposes and not disclosed in any way that would violate the privacy of the affected individuals.

Once the data has served its purpose, it shall be destroyed by either burning or shredding the data.

2. Third –Party Written Verifications

This type of verification includes written documentation, with forms sent directly to and received directly from a source, not passed through the hands of the family. It may also be a report generated automatically by another government agency, i.e., Department of Welfare, Veterans Administration, etc.

Third-party written verifications may also be used to supplement Enterprising Income Verifications. They will be utilized when there is a discrepancy of $200 a month or more and the participant disputes the EIV results. Third party verification of SS and SSI benefits shall be obtained by getting a copy of an official Social Security Administration letter of benefits from the person receiving the benefits and verification from HUD’s on-line systems. If either of these forms of verification are not obtainable, then the file shall be documented as to why third party verification was not used.

The HACM will allow two (2) weeks for the return of third party written verifications prior to continuing on to the next type of verification.

3. Third-Party Oral Verifications

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This type of verification includes direct contact with the source, in person or by telephone. When this method is used, staff members will be required to document in writing with whom they spoke, the date of the conversation and the facts obtained.

The HACM will allow ten (10) business days for the return of third party oral verifications prior to continuing on to the next type of verification.

4. Review of Documents

When EIV, written and oral third party verifications are not available within the two (2) week and ten (10) business days period allowed in paragraphs 2 and 3 above, the HACM will use the information received by the family, provided that the documents provide complete information. Photocopies of the documents, excluding government checks, provided by the family will be maintained in the file. In cases in which documents are viewed and cannot be photocopied, staff reviewing the documents will complete a written statement as to the contents of the document(s).

5. Elderly or Disabled Families on Fixed Incomes

HACM may opt to conduct a streamlined reexamination of income for elderly families and disabled families when 100 percent of the family’s income consists of fixed income. For this reexamination, HACM will recalculate family incomes by applying any published cost of living adjustments to the previously verified income amount.

The term ‘fixed income’ includes income from: 1. Social Security payments to include Supplemental Security

Income(SSI)and Supplemental Security Disability Insurance(SSDI) 2. Federal, State, local and private pension plans; and 3. Other periodic payments received from annuities, insurance policies,

retirement funds, disability or death benefits, and other similar types of periodic receipts that are of substantially the same amounts from year to year.

6. Self-Certification and Self-Declaration

When EIV, written and oral third party verifications are not available within the two (2) week and ten (10) business days period allowed in paragraphs 2 and 3 above, and hand-carried verification cannot be obtained, the HACM will accept a statement detailing information needed, signed by the head, spouse, co-head, or other adult family member.

Verification forms and reports received will be contained in the applicant/tenant file. Oral third party documentation will include the same

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information as if the documentation had been written, i.e. name, date of contact, amount received, etc.

When any verification method other than Enterprising Income Verification is utilized, the HACM will document the reason for the choice of the verification methodology in the applicant/resident’s file.

12.2 TYPES OF VERIFICATION

The chart below outlines the factors that may be verified and gives common examples of the verification that will be sought. To obtain written third party verification, HACM will send a request form to the source along with a release form signed by the applicant/resident via first class mail.

Verification Requirements for Individual Items

Item to Be Verified 3rd party verification Hand-carried verification

General Eligibility Items

Social Security Number Not Allowed Original Social Security card, an appropriate government letter showing the number or other HUD-allowed method

Citizenship N/A Signed certification, voter's registration card, birth certificate, etc.

Eligible immigration status INS SAVE confirmation # INS card

Disability Letter from medical professional, SSI, etc

Proof of SSI or Social Security disability payments

Full time student status (if >18)

Letter from school For high school students, any document evidencing enrollment


Item to Be Verified 3rd party verifica tion Hand-carried verification Need for a live-in aide Letter from doctor or other medical N/A

professional knowledgeable of condition

Child care costs Letter from c are p rovider Bills and receipts

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Disability assistance Letters from suppliers, care givers, Bills and records of payment expenses etc.

Unreimbursed medical Unreimbursed medical and dental Unreimbursed medical and expenses expenses the same as those outlined dental expenses the same as

in the IRS Publication 502 those outlined in the IRS Publication 502

Value of and Income from Assets

Savings, Letter from institution Passbook, most current checking accounts statements

CDs, bonds, etc. Letter from institution Tax return, information brochure from institution, the

CD, the bond Stocks Letter from broke

company r or holding Stock or most current

statement, price in newspaper or through Internet

Real property Letter from t etc.

ax of fice, assessment, Property tax statement (for current value), assessment, records or income and expenses, tax return

Cash value of life Letter from i insurance policies

nsura nce company Current statement

Assets disposed of for less N/A than fair market value

Original receipt and receipt at disposition, other evidence of worth


Item to be Verified 3rd Party Verification Hand carried verification

Income

Earned Income Letter from employer Multiple pay stubs

Self-employed N/A Tax return from prior year, books of accounts

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Regular gifts and contributions

Letter from source, letter from organization receiving gift (i.e., if grandmother pays day care provider, the day care provider could so state)

Bank deposits, other similar evidence

Alimony/child support Court order, letter from source, letter from Human Services

Record of deposits, divorce decree

Social Security Administration Benefits

Letter from Social Security no more than 60 calendar days old as verified by HUD computer systems.

Periodic payments (i.e., welfare, pensions, workers compensation, unemployment)

Letter or electronic reports from the source

Award letter, letter announcing change in amount of future payments

Training program participation

Letter from program provider indicating - whether enrolled or completed - whether training is HUD-funded - whether Federal, State, local govt., or local program - whether it is employment training - whether it has clearly defined goals and objectives - whether program has supportive services - whether payments are for out-of- pocket expenses incurred in order to participate in a program - date of first job after program completion

N/A Evidence of job start

12.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS

The citizenship/eligible noncitizen status of each family member regardless of age must be determined. Prior to being admitted, or at the first reexamination, all citizens and nationals will be required to sign a declaration under penalty of perjury. They will be required to show proof of their status by such means as a birth certificate, military ID, or military DD 214 Form. Prior to being admitted or at the first reexamination, all eligible noncitizens who are 62 years of age or older will be required to sign a declaration under penalty of perjury. They

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will also be required to show proof of age. Prior to being admitted or at the first reexamination, all eligible noncitizens must sign a declaration of their status and a verification consent form and provide their original INS documentation. HACM will make a copy of the individual's INS documentation and place the copy in the file. HACM will also verify their status through the INS SAVE system. If the INS SAVE system cannot confirm eligibility, HACM will mail information to the INS in order that a manual check can be made of INS records. Family members who do not claim to be citizens, nationals, or eligible noncitizens must be listed on a statement of noneligible members and the list must be signed by the head of the household. Noncitizen students on student visas, though in the country legally, are not eligible to be admitted to public housing. Any family member who does not choose to declare their status must be listed on the statement of noneligible members.

If no family member is determined to be eligible under this section, the family's eligibility will be denied.

The family's assistance will not be denied, delayed, reduced, or terminated because of a delay in the process of determining eligible status under this section, except to the extent that the delay is caused by the family.

If HACM determines that a family member has knowingly permitted an ineligible noncitizen (other than any ineligible noncitizens listed on the lease) to permanently reside in their public housing unit, the family will be evicted. Such family will not be eligible to be readmitted to public housing for a period of 24 months from the date of eviction or termination.

12.4 VERIFICATION OF SOCIAL SECURITY NUMBERS

Prior to admission, every family member regardless of age must provide HACM with a complete and accurate Social Security Number unless they do not contend eligible immigration status. New family members must provide this verification prior to being added to the lease. If the new family member is under the age of six and has not been assigned a Social Security Number, the family shall have ninety (90) calendar days after starting to receive the assistance to provide a complete and accurate Social Security Number. HACM may grant one ninety (90) day extension if in its sole discretion it determines that the person’s failure to comply was due to circumstances that could not have reasonably been foreseen and was outside the control of the person. If a person is already a program participant and has not disclosed his or her Social Security Number, it must be disclosed at the next re-examination or re-certification.

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Participants aged 62 or older as of January 31, 2010 whose initial eligibility determination was begun before January 31, 2010 are exempt from the required disclosure of their Social Security Number. The best verification of the Social Security Number is the original Social Security card. If the card is not available, HACM will accept an original document issued by a federal or state government agency, which contains the name of the individual and the Social Security Number of the individual, along with other identifying information of the individual or such other evidence of the Social Security Number as HUD may prescribe in administrative instructions.

If a member of an applicant family indicates they have a Social Security Number, but cannot readily verify it, the family cannot be assisted until verification is provided.

If an individual fails to provide the verification within the time allowed, the family will be denied assistance or will have their assistance terminated. HACM may grant one ninety (90) day extension from termination if in its sole discretion it determines that the person’s failure to comply was due to circumstances that could not have reasonably been foreseen and there is a reasonable likelihood that the person will be able to disclose a social security number by the deadline.

12.5 TIMING OF VERIFICATION

Verification information must be dated within ninety (90) days of certification or reexamination. If the verification is older than this, the source will be contacted and asked to provide information regarding any changes.

When an interim reexamination is conducted, the Housing Authority will verify and update those elements related to family circumstances and level of assistance. (That have changed since the last eligibility recertification.)

12.6 FREQUENCY OF OBTAINING VERIFICATION

For each family member, citizenship/eligible noncitizen status will be verified only once. This verification will be obtained prior to admission. If the status of any family member was not determined prior to admission, verification of their status will be obtained at the next regular reexamination. Prior to a new member joining the family, their citizenship/eligible noncitizen status will be verified.

For each family member age 6 and above, verification of Social Security number will be obtained only once. This verification will be accomplished prior to admission. When a family member who did not have a Social Security number at admission receives a Social Security number, that number will be verified at the next regular re-examination. Likewise, when a child turns six, their verification will be obtained at the next regular reexamination.

13.0 DETERMINATION OF TOTAL TENANT PAYMENT AND

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RENT 13.1 FAMILY CHOICE

At admission and each year in preparation for their annual reexamination, each family is given the choice of having their rent determined under the formula method or having their rent set at the flat rent amount.

A. Families who opt for the flat rent will be required to go through the income

reexamination process every three years, rather than the annual review they would otherwise undergo.

B. Families who opt for the flat rent may request to have a re-examination and return

to the formula based method at any time for any of the following reasons:

1. The family's income has decreased.

2. The family's circumstances have changed increasing their expenses for childcare, medical care, etc.

3. Other circumstances creating a hardship on the family such that the

formula method would be more financially feasible for the family.

Families who opted for flat rent and request to return to the formula based method are not eligible to return to flat rent until their next re-examination.

13.2 THE FORMULA METHOD

The total tenant payment is equal to the highest of:

A. 10% of monthly income; or

B. 30% of adjusted monthly income

The family will pay the greater of the total tenant payment or the minimum rent of $50.00.

In the case of a family who has qualified for the income exclusion at Section 10.2(H)(11), upon the expiration of the 12-month period described in that section, an additional rent benefit accrues to the family. If the family member’s employment continues, then for the 12-month period following the 12-month period of disallowance, the resulting rent increase will be capped at 50 percent of the rent increase the family would have otherwise received.

13.3 MINIMUM RENT

HACM has set the minimum rent at $50.00 per month. However if the family requests a hardship exemption, HACM will immediately suspend the minimum rent for the family

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until the Housing Authority can determine whether the hardship exists and whether the hardship is of a temporary or long-term nature.

A. A hardship exists in the following circumstances:

1. When the family has lost eligibility for or is waiting an eligibility

determination for a Federal, State, or local assistance program;

2. When the family would be evicted as a result of the imposition of the minimum rent requirement;

3. When the income of the family has decreased because of changed

circumstances, including loss of employment;

4. When the family has an increase in expenses because of changed circumstances, for medical costs, childcare, transportation, education, or similar items;

5. When a death has occurred in the family.

B. No hardship. If the Housing Authority determines there is no qualifying hardship,

the minimum rent will be reinstated, including requiring back payment of minimum rent for the time of suspension.

C. Temporary hardship. If the Housing Authority reasonably determines that there is

a qualifying hardship but that it is of a temporary nature, the minimum rent will not be imposed for a period of 90 days from the date of the family’s request. At the end of the 90-day period, the minimum rent will be imposed retroactively to the time of suspension. The Housing Authority will offer a repayment agreement in accordance with Section 18 of this policy for any rent not paid during the period of suspension. During the suspension period the Housing Authority will not evict the family for nonpayment of the amount of rent owed for the suspension period, but may evict for material non-compliance with job search, reporting, or meeting requirements, or other lease requirements.

D. Long-term hardship. If the Housing Authority determines there is a long-term

hardship, the family will be exempt from the minimum rent requirement until the hardship no longer exists.

E. Appeals. The family may use the grievance procedure to appeal the Housing

Authority’s determination regarding the hardship. No escrow deposit will be required in order to access the grievance procedure.

13.4 THE FLAT RENT

HACM has set a flat rent for each public housing unit. Per HUD mandate, in 2014, minimum flat rents will be set at no less than 80% of the Fair Market Rent (FMR) as established by HUD for the Housing Authority’s area. Further adjustments will be made for

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tenant-paid utilities. In no event shall the flat rent be less than 80% of the local FMR established by HUD. Any increase caused by an increase of the flat rent required by HUD shall be limited to 35% of the existing flat rent per year unless state or local law requires a lesser increase. (24 CFR 960.253)

HACM is required by HUD to conduct a market study based on the Rent Reasonableness (RR) methodology. In doing so, it will consider the size and type of the unit, as well as its condition, amenities, services, and neighborhood as compared to similar units in the private, unassisted rental market.

If the flat rent as determined by the Rent Reasonableness study is at least 80% of the FMR, the Housing Authority must set the flat rents at the amounts determined by the RR study, subject to utility adjustments. If the flat rent as determined by the RR study is less than 80% of FMR, HACM must set the flat rents at no less than 80% of the local FMR, subject to utility adjustments. Any phase-in related to the 35% cap increase will continue to apply.

Upon issuance of new FMRs by HUD, HACM must determine if the current flat rents are at least 80% of the new FMR, and update the flat rent amounts if necessary to meet the 80% requirement within a reasonable time, but no later than 90 days of HUD publishing new FMRs. HACM will tie the timing of the required RR study to the annual issuance of FMRs to avoid possible duplication of flat rent adjustment.

Affected families will be given a 30-day notice of any rent change. Adjustments are applied on the anniversary date for each affected family (for more information on flat rents, see Section 14.3).

HACM will post the flat rents at each of the developments and at the central office and are incorporated in this policy upon approval by the Board of Commissioners.

There is no utility allowance for families paying a flat rent because HACM has already factored who pays for the utilities into the flat rent calculation.

13.5 RENT FOR FAMILIES UNDER THE NONCITIZEN RULE

A mixed family will receive full continuation of assistance if all of the following conditions are met:

A. The family was receiving assistance on June 19, 1995;

B. The family was granted continuation of assistance before November 29, 1996;

C. The family's head or spouse has eligible immigration status; and

D. The family does not include any person who does not have eligible status other than the head of household, the spouse of the head of household, any parent of the head or spouse, or any child (under the age of 18) of the head or spouse.

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The family's assistance is prorated in the following manner:

Step 1. Determine the total tenant payment in accordance with 24 CFR §5.628. (Annual income includes income of all family members, including any family member who has not established eligible immigration status.)

Step 2. Family maximum rent is equal to the applicable flat rent for the unit size to be occupied by the family.

Step 3. Subtract the total tenant payment from the family maximum rent. The result is the maximum subsidy for which the family could qualify if all members were eligible (“family maximum subsidy”).

Step 4. Divide the family maximum subsidy by the number of persons in the family (all persons) to determine the maximum subsidy per each family member who has citizenship or eligible immigration status (“eligible family member”). The subsidy per eligible family member is the “member maximum subsidy”.

Step 5. Multiply the member maximum subsidy by the number of family members who have citizenship or eligible immigration status (“eligible family members”). The product of this calculation is the “eligible subsidy”.

Step 6. The mixed family TTP is the maximum rent minus the amount of the eligible subsidy.

Step 7. Subtract any applicable utility allowance from the mixed family TTP. The result of this calculation is the mixed family tenant rent.

When the mixed family’s TTP is greater than the maximum rent, HACM will use the TTP as the mixed family TTP.

13.6 UTILITY ALLOWANCE

HACM has established a utility allowance for all resident-paid utilities. The allowance will be based on a reasonable consumption of utilities by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful environment. In setting the allowance, HACM will review the actual consumption of resident families as well as changes made or anticipated due to modernization (weatherization efforts, installation of energy-efficient appliances, etc). Allowances will be evaluated at least annually as well as any time utility rate changes by 10% or more since the last revision to the allowances.

The utility allowance will be subtracted from the family's formula rent to determine the amount of the Tenant Rent. With the exception of housing developments that have a self

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sufficiency plan, HACM will pay the utility allowance directly to the utility company. Residents who choose the flat rent option are responsible for paying their own utilities (Sec. 960.253(b)(4)). The Tenant Rent is the amount the family owes each month to HACM. The amount of the utility allowance is then still available to the family to pay the cost of their utilities. Any utility cost above the allowance is the responsibility of the resident. Any savings resulting from utility costs below the amount of the allowance belongs to the resident.

At developments with master metering, HACM will monitor the utility consumption of each household. Any consumption in excess of the allowance established by HACM will be billed to the resident monthly.

Utility allowance revisions based on rate changes shall be effective retroactively to the first day of the month following the month in which the last rate change took place. Revisions based on changes in consumption or other reasons shall become effective at each family's next annual reexamination.

Families with high utility costs are encouraged to contact HACM for an energy analysis. The analysis may identify problems with the dwelling unit that once corrected will reduce energy costs. The analysis can also assist the family in identifying ways they can reduce their costs.

Requests for relief from surcharges for excess consumption of HACM purchased utilities or from payment of utility supplier billings in excess of the utility allowance for resident- paid utility costs may be granted by the Housing Authority on reasonable grounds. Requests shall be granted to families that include an elderly member or a member with disabilities. Requests by the family shall be submitted under the Reasonable Accommodation Policy. Families shall be advised of their right to individual relief at admission to public housing and at time of utility allowance changes.

13.7 PAYING RENT

Rent and other charges are due and payable on the first day of the month. All rents should be paid through HACM’s mail-in procedure. Reasonable accommodations for this requirement will be made for persons with disabilities. As a safety measure, no cash shall be accepted as a rent payment

If the rent is not paid by the fifth of the month, a Notice to Vacate will be issued. In addition, a late charge will be assessed to the resident in accordance with the “Table of Standard Sales and Service Charges”. If rent is paid by a personal check and the check is returned for insufficient funds, this shall be considered a non-payment of rent and will incur the late charge plus an additional charge in accordance with the “Table of Standard Sales and Service Charges” for processing costs.

14.0 COMMUNITY SERVICE AND SELF-SUFFICIENCY

REQUIREMENT

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14.1 GENERAL

In order to be eligible for continued occupancy, each adult family member must either (1) contribute eight hours per month of community service (not including political activities) within the community in which the public housing development is located, or (2) participate in an economic self-sufficiency, or (3) perform eight hours per month of combined activities unless they are exempt from this requirement. The eight hours of activity may be completed at eight hours each month or aggregated across a year, as long as 96 hours are completed by each annual certification.

14.2 EXEMPTIONS

The following adult family members of tenant families are exempt from this requirement:

A. Family members who are 62 or older

B. Family members who are:

1. blind or disabled as defined under 216(I)(1) or 1614 of the Social Security Act (42 U.S.C. 416(I)(1), Section 1382(c)) and who certify that because of this disability, she or he is unable to comply with the community service requirements; or

2. the primary care giver of blind or disabled family members.

C. Family members engaged in work activities as defined in section 407(d) of the Social Security Act (42 U.S.C. Section 607(d)), specified below: [HUD encourages PHAs to use 30 hours per week.]

1. Unsubsidized employment;

2. Subsidized private-sectory employment;

3. Subsidized public-sector employment;

4. Work experience (including work associated with the refurbishing of publicly

assisted housing) if sufficient private sector employment is not available;

5. On-the-job training; 6. Job-search;

7. Community service programs;

8. Vocational educational training (not to exceed 12 months with respect to any

individual);

9. Job-skills training directly related to employment;

10. Education directly related to employment in the case of a recipient who has

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not received a high school diploma or a certificate of high school equivalency; and

11. Satisfactory attendance at secondary school or in a course of study leading to

a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

D. Family members who are exempt from work activity under Part A title IV of the

Social Security Act or under any other State welfare program, including the welfare-to-work program.

E. A member of a family receiving assistance, benefits, or services under a State

program funded under part A title IV of the Social Security Act (42 U.S.C. Section 601 et seq.), or under any other State welfare program of our State (HUD has determined that the Supplemental Nutrition Assistance Program (SNAP) qualifies as a welfare program of the state. Therefore, if a tenant is a member of a family receiving assistance under SNAP, or under another State-administered Welfare-to-Work program, and has not been found by the State or other administering entity to be in non-compliance with such a program, that tenant is exempt from the CSSR.

14.3 NOTIFICATION OF THE REQUIREMENT

HACM shall identify all adult family members who are apparently not exempt from the community service requirement.

HACM shall notify all such family members of the community service requirement and of the categories of individuals who are exempt from the requirement. The notification will provide the opportunity for family members to claim and explain an exempt status. HACM shall verify such claims. If a resident does not agree with HACM’s determination, he or she can appeal by following the Grievance Policy. Changes in exempt or non-exempt status of a resident shall be reported by the resident to HACM within ten (10) calendar days of the change.

At lease execution or re-examination, all adult member (18 or older) of a public housing resident family must:

A. Provide all requested documentation, if applicable, that they qualify for an exemption (Documentation provided by the tenant will be used, and verified if necessary, by HACM to determine whether the tenant is exempt from the CSSR); and

B. Sign a certification that they have received and read the policy and understand that, if

they are not exempt, failure to comply with the community service requirement will result in non-renewal of their lease, per 24 CFR 966.4(1)(2)(iii)(D).

When a non-exempt person becomes exempt, it is his or her responsibility to report this to HACM and provide documentation. When an exempt person becomes non-exempt, it is his or her responsibility to report this to HACM as soon as possible.

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For family’s paying a flat rent, the obligation begins on the date their annual reexamination would have been effective had an annual reexamination taken place. It will also advise them that failure to comply with the community service requirement will result in ineligibility for continued occupancy at the time of any subsequent annual reexamination.

14.4 VOLUNTEER OPPORTUNITIES

Eligible community service activities include, but are not limited to, serving at:

A. Local public or non-profit institutions, such as schools, Head Start Programs,

before- or after-school programs, childcare centers, hospitals, clinics, hospices, nursing homes, recreation centers, senior centers, adult daycare programs, homeless shelters, feeding programs, food banks (distributing either donated or commodity foods), or clothes closets (distributing donated clothing);

B. Non-profit organizations serving HACM residents or their children, such as: Boy

or Girl Scouts, Boys or Girls Club, 4-H Clubs, Police Activities League (PAL), organized children's recreation, mentoring, or education programs, Big Brothers or Big Sisters, Garden Centers, community clean-up programs;

C. Programs funded under the Older Americans Act, such as Green Thumb, Service

Corps of Retired Executives, senior meals programs, senior centers, Meals on Wheels;

D. Public or non-profit organizations dedicated to seniors, youth, children, residents,

citizens, special-needs populations or with missions to enhance the environment, historic resources, cultural identities, neighborhoods or performing arts;

E. HACM housing to improve grounds or provide gardens (so long as such work

does not alter HACM’s insurance coverage), or work through resident organizations to help other residents with problems, including serving on the Resident Advisory Board, outreach and assistance with HACM-run self- sufficiency activities including supporting computer learning centers; and

F. Care for the children of other residents so parents may volunteer. In addition to performing their community service hours at governmental or non-profit organizations, residents may do their community service hours at for-profit entities or in someone’s private home. Any required court-ordered community service or probation-based work shall not count towards a resident’s required 8 hours per month of community service.

Eligible self-sufficiency activities include, but are not limited, to:

A. Job readiness or job training while not employed;

B. Training programs through local One-Stop Career Centers, Workforce Investment

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Boards (local entities administered through the U.S. Department of Labor), or other training providers;

C. Higher education (junior college or college);

D. Apprenticeships (formal or informal);

E. Substance abuse or mental health counseling;

F. Reading, financial and/or computer literacy classes;

G. English as a Second Language and/or English proficiency classes;

H. Budgeting and credit counseling.

HACM will try to coordinate with social service agencies, local schools, and the Human Resources Office in identifying a list of volunteer community service positions.

Together with the resident advisory councils, HACM may create volunteer positions such as hall monitoring, litter patrols, and supervising and record keeping for volunteers.

14.5 THE PROCESS

Upon admission and each annual reexamination thereafter, HACM will do the following:

A. Provide a list of known volunteer opportunities to the family members.

B. Provide information about obtaining suitable volunteer positions.

Provide a volunteer time sheet to the family member. Instructions for the time sheet require the individual to complete the form and have a supervisor date and sign for each period of work.

At each regularly scheduled rent re-examination, each non-exempt family member will present a signed certificate on a form provided by HACM of CSSR activities performed over the previous twelve (12) months. HACM will obtain third-party verification of CSSR completion administered through outside organizations.

14.6 NOTIFICATION OF NON-COMPLIANCE WITH COMMUNITY SERVICE

REQUIREMENT

HACM will notify any family found to be in noncompliance of the following:

A. The family member(s) has been determined to be in noncompliance;

B. That the determination is subject to the grievance procedure, a right to be represented by counsel, and the opportunity to any available judicial remedy; and

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C. That, unless the family member(s) enter into an agreement to comply, the lease

will not be renewed or will be terminated; 14.7 OPPORTUNITY FOR CURE

HACM will offer the family member(s) the opportunity to enter into an agreement prior to the anniversary of the lease. The agreement shall state that the family member(s) agrees to enter into an economic self-sufficiency program or agrees to contribute to community service for as many hours as needed to comply with the requirement over the past 12-month period. The cure shall occur over the 12-month period beginning with the date of the agreement and the resident shall at the same time stay current with that year's community service requirement. The first hours a resident earns goes toward the current commitment until the current year's commitment is made.

If any applicable family member does not accept the terms of the agreement, does not fulfill their obligation to participate in an economic self-sufficiency program, or falls behind in their obligation under the agreement to perform community service by more than three (3) hours after three (3) months, HACM shall take action to terminate the lease.

14.8 PROHIBITION AGAINST REPLACEMENT OF AGENCY EMPLOYEES

In implementing the service requirement, HACM may not substitute community service or self-sufficiency activities performed by residents for work ordinarily performed by its employees or replace a job at any location where residents perform activities to satisfy the service requirement.

15.0 RECERTIFICATIONS

At least annually, HACM will conduct a reexamination of family income and circumstances. The results of the reexamination determine (1) the family’s continuedeligibility (2) the rent the family will pay, and (3) whether the family is housed in the correct unit size.

15.1 GENERAL

HACM will send a letter to residents informing them it is time for their annual recertification and the date and time of their scheduled re-examination meeting. The letter informs them of what they will need to bring to the meeting and that the information on the Application for Client Worksheet will be reviewed and updated. All adult household members will be required to sign forms to allow the Housing Authority to verify the family’s eligibility to remain in public housing, whether their rent will increase, decrease or remain the same and if the household unit size is appropriate for the number of persons living in it. Upon determination of the rent to be paid, the resident will be sent A Notice of Rent Adjustment along with a letter giving them the option to select flat rent or the formula-based method.

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15.2 MISSED APPOINTMENTS

Families that miss their re-examination meetings and have not called to reschedule that meeting will be sent a 48-Hour Notice to contact the Management Office or Rental Specialist to get another meeting date. The 48-Hour Notice will also advise that the family’s failure to reschedule and attend the re-examination meeting could result in HACM taking eviction actions against them.

15.3 FLAT RENTS

The annual notice to flat rent payers regarding the reexamination process will state the following:

A. Each year at the time of the annual reexamination, the family has the option of

selecting a flat rent amount in lieu of completing the reexamination process and having their rent based on the formula amount.

B. The amount of the flat rent

C. A fact sheet about formula rents that explains the types of income counted, the

most common types of income excluded, and the categories allowances that can be deducted from income. (Families who opt for the flat rent option will not be eligible for a utility allowance.)

D. Families who opt for the flat rent will be required to go through the income

reexamination process atleast every three years.

E. Families who opt for the flat rent may request to have a reexamination and return to the formula-based method at any time for any of the following reasons:

1. The family's income has decreased.

2. The family's circumstances have changed increasing their expenses for child care, medical care, etc.

3. Other circumstances creating a hardship on the family such that the

formula method would be more financially feasible for the family.

F. The dates upon which HACM expects to review the amount of the flat rent, the approximate rent increase the family could expect, and the approximate date upon which a future rent increase could become effective.

G. The name and phone number of an individual to call to get additional information

or counseling concerning flat rents.

H. A certification for the family to sign accepting or declining the flat rent.

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Each year 90 days prior to their anniversary date, HACM will send a reexamination notice to the family offering the choice between a flat or a formula rent. The opportunity to select the flat rent is available only at this time. HACM may assist the family in identifying the rent method that would be most advantageous for the family. If the family wishes to select the flat rent method without meeting with their site manager, they may make the selection on the form and return the form to HACM.

15.4 THE FORMULA METHOD

As part of the recertification process, the family will provide all information regarding income, assets, expenses, and other information necessary to determine the family's rent. The family will sign the HUD consent form and other consent forms that later will be mailed to the sources that will verify the family circumstances.

Upon receipt of verification, HACM will determine the family's annual income and will calculate their rent as follows. The total tenant payment is equal to the highest of:

A. 10% of monthly income; or

B. 30% of adjusted monthly income

The family will pay the greater of the total tenant payment or the minimum rent of $50.00 per month.

15.5 EFFECTIVE DATE OF RENT CHANGES FOR ANNUAL REEXAMINATIONS

The new rent will generally be effective upon the anniversary date with thirty (30) days notice of any rent increase to the family.

If the rent determination is delayed due to a reason beyond the control of the family, then any rent increase will be effective the first of the month after the month in which the family receives a 30-day notice of the amount. If the new rent is a reduction and the delay is beyond the control of the family, the reduction will be effective as scheduled on the anniversary date.

If HACM determines that the family has had an increase in income of more than $85.00 per month that was not reported since the last annual recertification, HACM will determine the appropriate new rent amount and will charge the resident this new amount retroactive to the date that the rent change would otherwise have been effective.

If the family caused the delay, then any increase will be effective on the anniversary date. Any reduction will be effective the first of the month after the rent amount is determined.

15.6 INTERIM REEXAMINATIONS

Families will be required to report any increase in income greater than $85.00 per month within 10 days of the date of the increase and present documentation to HACM within

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thirty (30) days. In the event of any rent adjustment, the HACM will mail or deliver a ‘Notice of Rent Adjustment’ to the resident. Such a notice constitutes a notice of adverse action and shall inform the resident of the specific grounds for the rental determination and that if the resident does not agree with the determination, the resident shall have the right to request a hearing under HACM’s grievance procedure concerning a proposed adverse action. In the case of a rent increase, the adjusted rent will take effect the first day of the third calendar month following the date of the increase in income, unless the rent increase results from a finding of misrepresentation or concealment. In the case of a decrease in rent, the adjusted rent will take effect the first day of the following month provided the resident has submitted all of the required income documentation.

Families are also required to report the following changes to HACM between regular reexaminations. If the family's rent is being determined under the formula method, these changes will trigger an interim reexamination. The family shall report these changes within ten (10) days of their occurrence.

A. A member has been added to the family through birth or adoption or court-

awarded custody.

B. A household member is leaving or has left the family unit.

In order to add a household member other than through birth or adoption, the family must request that the new member be added to the lease. Before adding the new member to the lease, the individual must complete an application form stating their income, assets, and all other information required of an applicant. The individual must provide their Social Security number, if they have one, and must verify their citizenship/eligible immigrant status. (Their housing will not be delayed due to delays in verifying eligible immigrant status other than delays caused by the family.) The new family member will go through the same screening process as for new applicants. HACM will determine the eligibility of the individual before adding them to the lease. If the individual is found to be ineligible or does not pass the screening criteria, they will be advised in writing and given the opportunity for an informal review through HACM’s Grievance Procedure. If they are found to be eligible and do pass the screening criteria, their name will be added to the lease. At the same time, if the family’s rent is being determined under the formula method, the family's annual income will be recalculated taking into account the circumstances of the new family member. The effective date of the new rent will be in accordance with paragraph 14.8.

In cases where a resident requests a live-in aide, the procedure mentioned for adding a family member does not apply. Requests for live-in aides are considered reasonable accommodation requests (see Section 2.0). As such, the resident needs to submit a reasonable accommodation request to their housing manager and provide supporting documentation verifying the need for a live-in aide. The Housing Authority does conduct background checks for all live-in aides and reserves the right to deny the person as a live- in aide if the aide does not meet the Housing Authority’s screening criteria.

In addition, for a person who wishes to become a live-in aide must meet the definition of a live-in aide (see 24CFR 5.403(b) found on page 73 of this document). In cases where

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the request for a live-in aide is approved, the income of the live-in aide is excluded, the resident is responsible for the conduct of their live-in aide and the resident must remain lease compliant. A live-in aide also does not qualify as a remaining member of the household under the definition of family found in Section 7.0 (Eligibility for Admission).

Families are not required to, but may at any time, request an interim reexamination based on a decrease in income, an increase in allowable expenses, or other changes in family circumstances. Upon such request, HACM will take timely action to process the interim reexamination and recalculate the family's rent.

15.7 SPECIAL REEXAMINATIONS

If a family's income is too unstable to project for twelve (12) months, including HACM families that temporarily claim to have no income or have a temporary decrease in income, HACM may schedule special reexaminations every sixty (60) days until the income stabilizes and an annual income can be determined.

15.8 EFFECTIVE DATE OF RENT CHANGES DUE TO INTERIM OR SPECIAL

REEXAMINATIONS

Unless there is a delay in reexamination processing caused by the family, any rent increase will be effective the first day of the third month after the month in which the family receives notice of the new rent amount. If the family causes a delay, then the rent increase will be effective on the date it would have been effective had the process not been delayed (even if this means a retroactive increase).

If the new rent is a reduction and any delay is beyond the control of the family, the reduction will be effective the first day of the month after the interim reexamination should have been completed. If the new rent is a reduction and the family caused the delay or did not report the change in a timely manner, the change will be effective the first of day the month after the rent amount is determined.

15.9 OVER-INCOME FAMILIES Beginning March 24 2019, the Housing Authority of the City of Milwaukee shall track all public housing residents who have an adjusted income over 120% of the Area Median Income (AMI). This is defined by HUD as 2.4 times the HUD-determined Very Low-Income limit for the Housing Authority’s jurisdiction. The limit will be adjusted each year within 60 days after HUD published new income limits. When the Housing Authority becomes aware, through an annual reexamination or an interim reexamination for an increase in income, that a family’s income exceeds the applicable income limit, the Housing Authority must, per HUD regulation, document in the family’s tenant file that the family exceeds the threshold to compare with the family’s income a year later. If, one year after the initial determination by the Housing Authority that a family’s

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adjusted income exceeds the over-income limit, and the family’s adjusted income continues to exceed the over-income limit, the Housing Authority must, as required by HUD regulation, provide written notification to the family that their income has exceeded the over-income limit for one year. The written notification shall further state that if the family’s adjusted income continues to exceed the over-income limit for the next 12 consecutive months, the family will be subject to EITHER a higher rent (as determined on a HUD formula, which has not yet been provided by HUD) or termination. The Housing Authority will determine which of these two (2) options to implement upon issuance of the upcoming HUD publication(s). The form HUD-50058 actions that would trigger the two-year grace period are: ‘2-Annual Reexamination’ and ‘3-Interim Reexamination.’ All notices and communications will be provided in a manner appropriate for persons with hearing, visual or other disabilities. If the Housing Authority discovers through an annual or interim exam that the family’s adjusted income falls below the over-income limit, the two-year period starts over ageain if the family exceeds the limit in the future. The Housing Authority will follow the requirement to submit an annual report on the number of over-income families and the number of families on the public housing waiting lists when HUD makes the requirement effective through a separate PIH notice. Exempted from this regulation are families with a valid Family Self-Sufficiency (FSS) contract, or families where at least one family member is receiving the Earned Income Disregard benefit. Currently, the over-income limits (120% of the Area Median Income) are as follows per the 2019 HUD Income Limits: Household Size Over-Income Limit (120% AMI) 1 person $69,240 2 person $79,080 3 person $88,920 4 person $98,760 5 person $106,680 6 person $114,600 7 person $122,520 8 person $130,440

16.0 UNIT TRANSFERS

16.1 OBJECTIVES OF THE TRANSFER POLICY

The objectives of the Transfer Policy include the following:

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A. To address emergency situations.

B. To fully utilize available housing resources while avoiding overcrowding by

insuring that each family occupies the appropriate size unit.

C. To facilitate a relocation when required for modernization or other management purposes.

D. To facilitate relocation of families with inadequate housing accommodations.

E. To provide an incentive for families to assist in meeting HACM's deconcentration

goal.

F. To assist residents, lawful occupants, or affiliated individuals who are victims of actual or threatened domestic violence, dating violence, sexual assault, or stalking according to VAWA.

G. To eliminate vacancy loss and other expense due to unnecessary transfers.

H. To allow qualified residents to take advantage of HACM’s designated housing

plan (high-rise developments only) 16.2 CATEGORIES OF TRANSFERS

Category 1: Emergency transfers. These transfers are necessary when conditions pose an immediate threat to the life, health, or safety of a family or one of its members, or where a family member, lawful occupant, or affiliated individual is a victim of actual or threatened domestic violence, dating violence, sexual assault, or stalking to family members or affiliated individuals. Such situations may involve defects of the unit or the building in which it is located, the health condition of a family member, a hate crime, the safety of witnesses to a crime, or a law enforcement matter particular to the neighborhood. All emergency transfers shall be completed as soon as practical.

Category 2: Incentive transfers. These transfer requests will be encouraged and approved for families who live in a development where their income category (below or above 30% of area median) predominates and wish to move to a development where their income category does not predominate.

Category 3: Immediate administrative transfers. These transfers are necessary in order to permit a family needing accessible features to move to a unit with such a feature or to enable modernization, revitalization, disposition, or demolition work to proceed.

Category 4: Regular administrative transfers. These transfers are made to offer incentives to families willing to help meet certain HACM occupancy goals, to correct occupancy standards where the unit size is inappropriate for the size and composition of the family, to allow for non-emergency but medically advisable transfers, to allow qualified residents to take advantage of HACM’s designated housing plan (i.e. to transfer from a mixed

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population to an elderly-only high-rise building), and other transfers approved by HACM when a transfer is the only or best way of solving a serious problem, including failure to comply with HOPE VI Lease Addendum requirements or obligations.

16.3 DOCUMENTATION

When the transfer is at the request of the family, the family may be required to provide third party verification of the need for the transfer. When the transfer is a result of an action protected under VAWA, the documentation required under the VAWA Emergency Transfer shall be required.

16.4 TRANSFERS TO SCATTERED SITES PUBLIC HOUSING

Families living in multifamily developments have the opportunity to transfer to scattered- site housing. Families approved for such transfers will meet the following eligibility criteria:

A. Have been a resident for at least twelve months prior to date of application.

B. For a minimum of one year, at least one adult family member is enrolled in an economic self-sufficiency program or is working at least forty (40) hours per week, the adult family members are 62 years of age or older or are disabled or are the primary care givers to others with disabilities;

C. The family is current in the payment of all charges owed HACM and has not paid late rent for at least one year;

D. The family passes a current housekeeping inspection and does not have any record of housekeeping problems during the last year;

E. The family has not materially violated the lease over the past two years by disturbing the peaceful enjoyment of their neighbors, by engaging in criminal or drug-related activity, or by threatening the health or safety of residents or Housing Authority staff.

Residents of low rent public housing shall not be eligible to add adult members to a dwelling lease during the initial year of occupancy and shall not be eligible to request a transfer until such year is completed. The Housing Authority may consider, at its discretion circumstances which may represent and warrant hardship exception to this requirement.

16.5 PROCESSING TRANSFERS

Transfers on the waiting list will be sorted by the above categories and within each category by date and time.

Transfer offers will be made at a ratio of one transfer for every seven admissions and will be prioritized from category 1 (highest) to category 4. Upon offer and acceptance of a unit, the family will execute all lease-up documents and

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pay any rent and/or security deposit within two (2) days of being informed the unit is ready to rent. The family will be allowed seven (7) days to complete a transfer. The family will be responsible for paying rent at the old unit as well as the new unit for any period of time they have possession of both. The prorated rent and other charges (key deposit and any additional security deposit owing) must be paid at the time of lease execution. The following is the policy for the rejection of an offer to transfer:

A. If the family rejects a transfer offer, they will be removed from the transfer

waiting list.

B. If the transfer is being made at the request of HACM and the family rejects two offers without good cause, HACM will take action to terminate their tenancy. If the reason for the transfer is that the current unit is too small to meet HACM’s optimum occupancy standards, the family may request in writing to stay in the unit without being transferred so long as their occupancy will not exceed the city building code.

C. Only the “Head of Household” as listed on the current dwelling lease will be

eligible to request a transfer. 16.6 COST OF THE FAMILY'S MOVE

The cost of the transfer generally will be borne by the family in the following circumstances:

A. When the transfer is made at the request of the family or by others on behalf of

the family (i.e. by the police);

B. When the transfer is made under VAWA;

C. When the transfer is needed to move the family to an appropriately sized unit, either larger or smaller;

D. When the transfer is necessitated because a family with disabilities needs the

accessible unit into which the transferring family moved (The family without disabilities signed a statement to this effect prior to accepting the accessible unit); or

E. When the transfer is needed because action or inaction by the family caused the

unit to be unsafe or uninhabitable.

The cost of the transfer will be borne by HACM in the following circumstances:

A. When the transfer is needed in order to carry out modernization, disposition, or demolition activities; or

B. When action or inaction by HACM has caused the unit to be unsafe or

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inhabitable.

The responsibility for moving costs in other circumstances will be determined on a case- by-case basis.

16.7 RESIDENTS IN GOOD STANDING

When the transfer is at the request of the family, it will not be approved unless the family is in good standing with the HACM. This means the family must be in compliance with their lease, and current in all payments to the Housing Authority.

16.8 TRANSFER REQUESTS

A resident may request a transfer at any time by completing a transfer request form. In considering the application, the Manager may request a meeting with the resident to better understand the need for transfer and to explore possible alternatives.

HACM will grant or deny the transfer request in writing within thirty (30) business days of receiving the request or holding the meeting, whichever is later.

If the transfer is approved, the family's name will be added to the transfer waiting list. If the transfer is requested under VAWA, the provisions of VAWA shall apply.

16.9 RIGHT OF HACM IN TRANSFER POLICY

The provisions listed above are to be used as a guide to insure fair and impartial means of assigning units for transfers. It is not intended that this policy will create a property right or any other type of right for a resident to transfer or refuse to transfer. HACM reserves the right to cancel a transfer at any time for good cause including but not limited to the family is no longer a resident in good standing as defined in Section 15.7, is pending eviction or the reason for the transfer no longer exists.

17.0 INSPECTIONS

17.1 MOVE-IN INSPECTIONS

The on-site housing manager and an adult member of the family will inspect the unit prior to signing the lease. Both parties will sign and date a written statement of the condition of the unit. A copy of the signed inspection will be given to the family and the original will be placed in the resident file.

17.2 ANNUAL INSPECTIONS

HACM will inspect each public housing unit at least annually to ensure that each unit meets HACM’s housing standards. Work orders will be submitted and completed to correct any deficiencies.

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17.3 PREVENTATIVE MAINTENANCE INSPECTIONS

These inspections are generally conducted along with the annual inspection. This inspection is intended to keep items in good repair. It checks weatherization; checks the condition of the smoke detectors, water heaters, furnaces, automatic thermostats and water temperatures; checks for leaks; and provides an opportunity to change furnace filters and provide other minor servicing that extends the life of the unit and its equipment.

17.4 SPECIAL INSPECTIONS

A special inspection may be scheduled to enable HUD or others to inspect a sample of the housing stock maintained by Housing Authority.

17.5 HOUSEKEEPING INSPECTIONS

Generally, at the time of annual reexamination, or at other times as necessary, HACM will conduct a housekeeping inspection to ensure the family is maintaining the unit in a safe and sanitary condition. Generally, housekeeping will be evaluated at annual unit inspections. Special follow-up inspections may be scheduled by the on-site manager to address deficiencies in housekeeping identified by annual or other unit inspections. HACM reserves the right to document any and all inspections by taking pictures of observed deficiencies.

17.6 NOTICE OF INSPECTION

For inspections defined as annual inspections, preventative maintenance inspections, special inspections, and housekeeping inspections HACM will give the resident at least two (2) days written notice.

17.7 EMERGENCY INSPECTIONS

If any employee and/or agent of HACM has reason to believe that an emergency exists within the housing unit, the unit can be entered without notice. The person(s) that enters the unit will leave a written notice to the resident that indicates the date and time the unit was entered and the reason why it was necessary to enter the unit.

17.8 MOVE-OUT INSPECTIONS

The on-site manager, or designee, conducts the move-out inspection after the resident vacates to assess the condition of the unit and determine responsibility for any needed repairs. When possible, the resident is notified of the inspection and is encouraged to be present. This inspection becomes the basis for any claims that may be assessed against the security deposit. A copy of the signed inspection will be placed in the resident file.

17A MINIMUM HEATING STANDARDS

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The Housing Authority of the City of Milwaukee (HACM) shall use the following minimum heating requirements for public housing dwelling units in order to comply with Section 111 of HOTMA. A. Minimum Temperature:

In properties where the heat is PHA-controlled, the minimum in each unit must be at least 68 degrees Fahrenheit. In properties where the heat is tenant-controlled, then the heating equipment must have the capability of heating to at least 68 degrees Fahrenheit.

B. Minimum Temperature Capability: PHAs are allowed flexibility in maintenance of the indoor temperature when the outdoor temperature approaches the design day temperature.1 At no point should indoor temperatures in occupied space drop below 55 degrees Fahrenheit. This flexibility applies when at least one of the below criteria are met:

1. The outside temperature reaches or drops below the design day temperature, or

2. The outside temperature is within five degrees Fahrenheit of the design day temperature for more than two continuous days.

C. Measurement Temperature measurements must be taken three feet above the floor and two feet from an exterior wall in a habitable room.

18.0 PET POLICY

18.1 EXCLUSIONS (24 CFR §5.303)

This policy does not apply to service animals, support animals, assistance animals, or therapy animals that are used to assist persons with disabilities. These animals are allowed in all public housing facilities with no restrictions other than those imposed on all tenants to maintain their units and associated facilities in a decent, safe, and sanitary manner and to refrain from disturbing their neighbors. The person requesting this exclusion to the Pet Policy of this housing authority must have a disability and the accommodation must be

1 Design-day temperature refers to the lowest expected outdoor temperature that a heating system was designed to accommodate and still maintain the desired indoor temperature. This should translate, depending on local building code, to an outdoor temperature in the 1st to 5th percentiles of low outdoor temperatures for an area. For example, for Washington DC, the design day temperature is around 17 degrees Fahrenheit. This means that 97.5% of the time the outdoor temperature will be at least 17 degrees Fahrenheit. Therefore , a properly sized heating system in Washington DC should be able to maintain a building’s indoor temperature at 68 degrees Fahrenheit when it is at least 17 degrees Fahrenheit outside.

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necessary to afford the person with a disability an equal opportunity to use and enjoy a dwelling. Please see HACM’s Assistance Animal Policy for more details.

18.2 PETS IN PUBLIC HOUSING

HACM allows for pet ownership in its developments with the written pre-approval of the Housing Authority however, dogs and cats are only allowed in our elderly and disabled developments and scattered sites. Residents are responsible for any damage caused by their pets, including the cost of fumigating or cleaning their units. In exchange for this right, resident assumes full responsibility and liability for the pet and agrees to hold HACM harmless from any claims caused by an action or inaction of the pet.

18.3 APPROVAL

Residents must have the prior written approval of the Housing Authority before moving a pet into their unit. Residents must request approval on the Authorization for Pet Ownership Form that must be fully completed before the Housing Authority will approve the request. Residents must give the Housing Authority a picture of the pet so it can be identified if it is running loose.

18.4 TYPES AND NUMBER OF PETS

HACM will allow only common household pets. This means only domesticated animals such as a dog, cat, bird, rodent (including a rabbit), fish in aquariums or a turtle will be allowed in units. Common household pets do not include reptiles (except turtles). (24 CFR §5.306(1)) If this definition conflicts with a state or local law or regulation, the state or local law or regulation shall govern.

All dogs and cats must be spayed or neutered within one year of acquisition. A licensed veterinarian must verify this fact. 24 CFR §5.318(e)(3)(i))

A maximum number of two pets are allowed for all bedroom sizes. Only one can be

either a dog or a cat. (24 CFR §5.318(b)(ii))

Any animal deemed to be potentially harmful to the health or safety of others, including attack or fight trained dogs, will not be allowed.

No animal may exceed 30 pounds in weight projected to full adult size. (24 CFR §5.318(c))

18.5 VACCINATIONS

In order to be registered, pets must be appropriately vaccinated against rabies, distemper and other conditions prescribed by state and/or local ordinances. They must comply with all other state and local public health, animal control, and anti-cruelty laws including any licensing requirements. Licensing is done with the City of Milwaukee Treasurer’s Office

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located at 200 East Wells Street, Room 101. (24 CFR §5.318(f)) A certification signed by a licensed veterinarian or state or local official shall be annually filed with HACM to attest to the vaccinations.

18.6 PET DEPOSIT

A pet deposit is required at the time of registering a pet. The deposit is refundable when the pet or the family vacates the unit, less any amounts owed due to damage beyond normal wear and tear. A separate deposit is required for each pet. (24 CFR §5.318(d))

18.7 FINANCIAL OBLIGATION OF RESIDENTS

Any resident who owns or keeps a pet in their dwelling unit will be required to pay for any damages caused by the pet. Also, any pet-related insect infestation in the pet owner's unit will be the financial responsibility of the pet owner and HACM reserves the right to exterminate and charge the resident.

18.8 NUISANCE OR THREAT TO HEALTH OR SAFETY

The pet and its living quarters must be maintained in a manner to prevent odors and any other unsanitary conditions in the owner's unit and surrounding areas.

Repeated substantiated complaints by neighbors or HACM personnel regarding pets disturbing the peace of neighbors through noise, odor, animal waste, or other nuisance may result in the owner having to remove the pet or move him/herself.

Pets who make noise continuously and/or incessantly for a period of 10 minutes or intermittently for one half hour or more to the disturbance of any person at any time of day or night shall be considered a nuisance.

18.9 DESIGNATION OF PET AREAS

Pets must be kept in the owner's apartment or on a leash at all times when outside the unit (no outdoor cages may be constructed). Pets will be allowed only in designated areas on the grounds of the property if HACM designates a pet area for the particular site. Pet owners must clean up after their pets and are responsible for disposing of pet waste.

With the exception of assistive animals no pets shall be allowed in the community room, community room kitchen, laundry rooms, public bathrooms, lobby, beauty shop, hallways or office in any of our sites. (24 CFR §5.318(e)(1))

To accommodate residents who have medically certified allergic or phobic reactions to dogs, cats, or other pets, those pets may be barred from certain wings (or floors) in our development(s)/building(s). This shall be implemented based on demand for this service.

18.10 MISCELLANEOUS RULES

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Pets may not be left unattended in a dwelling unit for over 24 hours. If the pet is left unattended and no arrangements have been made for its care, HACM will have the right to enter the premises and take the uncared for pet to be boarded at a local animal care facility, subject to the provisions of Section 948.15 of Wisconsin State Law or local ordinances, at the total expense of the resident.

Pet bedding shall not be washed in any common laundry facilities.

Residents must take appropriate actions to protect their pets from fleas and ticks.

All dogs must wear a tag bearing the resident's name and phone number and the date of the latest rabies inoculation.

Pets cannot be kept, bred or used for any commercial purpose. Residents owning cats shall maintain waterproof litter boxes for cat waste. Refuse from litter boxes shall not accumulate or become unsightly or unsanitary. Litter shall be disposed of in an appropriate manner.

A pet owner shall physically control or confine his/her pet during the times when Housing Authority employees, agents of the Housing Authority or others must enter the pet owner’s apartment to conduct business, provide services, enforce lease terms, etc.

If a pet causes harm to any person, the pet’s owner shall be required to permanently remove the pet from the Housing Authority's property within 24 hours of written notice from the Housing Authority. The pet owner may also be subject to termination of his/her dwelling lease.

A pet owner who violates any other conditions of this policy may be required to remove his/her pet from the development within 10 calendar days of written notice from the Housing Authority. The pet owner may also be subject to termination of his/her dwelling lease.

You are prohibited from feeding stray animals. Feeding stray animals shall constitute having a pet without permission.

The Housing Authority's grievance procedures shall be applicable to all individual grievances or disputes arising out of violations or alleged violations of this policy.

18.11 VISITING PETS

Pets that meet the size and type criteria outlined above may visit the projects/buildings where pets are allowed for up to two weeks without HACM approval. Tenants who have visiting pets must abide by the conditions of this policy regarding health, sanitation, nuisances, and peaceful enjoyment of others. If visiting pets violate this policy or cause the tenant to violate the lease, the tenant will be required to remove the visiting pet.

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18.12 REMOVAL OF PETS

HACM, or an appropriate community authority, shall require the removal of any pet from a development if the pet's conduct or condition is determined to be a nuisance or threat to the health or safety of other occupants of the project or of other persons in the community where the development is located.

In the event of illness or death of pet owner, or in the case of an emergency which would prevent the pet owner from properly caring for the pet, HACM has permission to call the emergency caregiver designated by the resident or the local Pet Law Enforcement Agency to take the pet and care for it until family or friends would claim the pet and assume responsibility for it. Any expenses incurred will by the responsibility of the pet owner.

19.0 REPAYMENT AGREEMENTS

When a resident owes HACM back charges and is unable to pay the balance by the due date, the resident may request that the Housing Authority allow them to enter into a Repayment Agreement. The on-site Manager has the sole discretion of whether to accept such an agreement. All Repayment Agreements must assure that the full payment is made within a period not to exceed twelve (12) months. All Repayment Agreements must be in writing and signed by both parties. Failure to comply with the Repayment Agreement terms may subject the Resident to eviction procedures.

HACM may require all repayment agreements for delinquent rent to be executed through a formal court stipulation.

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 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.

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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 to 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: (a) In a lump sum payment; or (b) Monthly installment; or (c) 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.

20.0 TERMINATION

20.1 TERMINATION BY RESIDENT

A resident may terminate the lease at any time upon submitting a 30-day written notice. If the resident vacates prior to the end of the thirty (30) days, they will be responsible for rent through the end of the notice period or until the unit is re-rented, whichever occurs

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first. 20.2 TERMINATION BY THE HOUSING AUTHORITY

The HACM will terminate the lease for serious or repeated violations of material lease

terms. Such violations include but are not limited to the following:

A. Nonpayment of rent or other charges;

B. A history of late rental payments;

C. Failure to provide timely and accurate information regarding family composition, income, or other information related to eligibility or rent;

D. Failure to allow inspection of the unit;

E. Failure to maintain the unit in a safe and sanitary manner;

F. Assignment or subletting of the premises;

G. Use of the premises for purposes other than as a dwelling unit (other than for

housing authority approved resident businesses);

H. Destruction of property;

I. Acts of destruction, defacement, or removal of any part of the premises or failure to cause guests to refrain from such acts;

J. Any violent or drug-related criminal activity on or off the premises, not just on or

near the premises. This includes any tenant, member of the tenant’s household or guest, and any such activity engaged in on the premises by any other person under the tenant’s control. This includes but is not limited to the manufacture of methamphetamine on HACM premises or on the premises of any other federally assisted housing;

K. Non-compliance with Non-Citizen Rule requirements;

L. Permitting persons not on the lease to reside in the unit more than fourteen 14

consecutive or 28 calendar days each year without the prior written approval of the Housing Authority; and

M. Any activity that threatens the health, safety, or right to peaceful enjoyment of the

premises by other residents or employees of the Authority by the resident, household members, or guests of the resident or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy;

N. Alcohol abuse that HACM determines interferes with the health, safety, or right to

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peaceful enjoyment of the premises by other residents;

O. Failure to perform required community service or be exempted therefrom;

P. HACM will take immediate action to evict any household that includes an individual who is subject to a lifetime registration requirement under a State sex offender registration program.

Q. Determination that a household member is illegally using a drug or when HACM

determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;

R. Criminal activity as shown by a criminal record.

S. Disconnecting a smoke detector in any manner, removing any batteries from a

smoke detector or failing to notify the Housing Authority if the smoke detector is inoperable for any reason; and

T. Other good cause.

In deciding to terminate a tenancy for criminal activity or alcohol abuse, HACM will consider circumstances relevant to the particular case such as the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity, and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action.

In deciding to terminate a tenancy for criminal activity or alcohol abuse, HACM may require a leaseholder to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for an action or failure to act that warrants the termination.

In deciding to terminate a tenancy for illegal drug use or a pattern of illegal drug use by a household member who is no longer engaging in such use, or for abuse or a pattern of abuse of alcohol by a household member who is no longer engaging in such abuse, HACM may consider whether such household member:

1. Is participating in a supervised drug or alcohol rehabilitation program;

2. Has successfully completed a supervised drug or alcohol rehabilitation

program; or

3. Has otherwise been successfully rehabilitated.

For this purpose, HACM may require the leaseholder to submit evidence of one of the above 3 statements.

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In deciding whether to exercise their discretion to terminate an individual or household that has engaged in criminal activity, HACM will consider all of the circumstances relevant to the particular admission or eviction decision, including but not limited to: the seriousness of the offending action; the effect that eviction of the entire household would have on family members not involved in the criminal activity; and the extent to which the leaseholder has taken all reasonable steps to prevent or mitigate the criminal activity.

An arrest record, alone, will not serve as sufficient evidence of criminal activity that can support an adverse termination, or eviction decision. Before HACM evicts an individual or household on the basis of criminal activity by a household member or guest, it will determine that the relevant individual actually engaged in such activity.

An arrest record can trigger an inquiry into whether there is sufficient evidence to determine that a person engaged in disqualifying criminal activity, but is not itself evidence on which to base a determination. HACM can utilize other evidence, such as police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for determining that the disqualifying conduct in fact occurred. If HACM proposes to terminate assistance on the basis of a criminal record, the Housing Authority will notify the household of the proposed action to be based on the information and will provide the subject of the record and the tenant with a copy of the criminal record before the Housing Authority grievance hearing or court trial concerning the termination of tenancy or eviction. The tenant will be given an opportunity to dispute the accuracy and relevance of that record in the grievance hearing or court trial. The family will have five (5) business days to dispute the accuracy and relevance of the record in writing. If the Housing Authority does not receive the dispute within the allotted time, the family will be terminated.

20.2A VAWA PROTECTIONS (24 CFR 5.2005)

Under the Violence Against Women Act (VAWA, notwithstanding the title of the statute, protections are not limited to women but cover victims regardless of sex, gender identity, or sexual orientation), public housing residents have the following specific protections, which will be observed by Housing Authority of the City of Milwaukee:

An applicant for assistance or a tenant/participant receiving assistance under a covered housing provider may not be denied admission to, denied assistance under, terminated from participation in, or evicted from housing on the basis or as a direct result of the fact that the applicant or tenant/participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.

An incident or incidents or actual or threatened domestic violence, dating violence,

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sexual assault or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not in itself be good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence.

HACM shall provide each applicant and resident a HUD prescribed Notice of Occupancy Rights and Certification form. It shall also be provided with any notice of eviction. In addition, HACM shall make an adopted Emergency Transfer Plan and Emergency Transfer Request available upon request. HACM shall keep a record of all emergency transfer requests requested under the Emergency Transfer Plan and the outcome of these requests for three years. HACM may terminate the assistance to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence directly relating to domestic violence, dating violence, sexual assault or stalking against a family member or affiliated individual without terminating the assistance or evicting victimized lawful occupants. This is also true even if the household member is not a signatory to the lease. Under VAWA, HACM is granted the authority to bifurcate the lease. If such bifurcation occurs, and the removed tenant or lawful occupant was the sole tenant eligible to receive assistance under a covered housing program, HACM shall provide any remaining tenant the opportunity to establish eligibility. If the remaining tenant cannot establish eligibility, HACM will provide the tenant a reasonable time to find new housing or to establish eligibility under another covered housing program. The VAWA victim must be the one who retains the assistance.

HACM will honor court orders regarding the rights of access or control of the property.

There is no limitation on the ability of HACM to evict for other good cause unrelated to the incident or incidents of domestic violence, dating violence, sexual assault or stalking, other than the victim may not be subject to a “more demanding standard” than non- victims.

There is no prohibition on HACM evicting if it “can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant’s (victim’s) tenancy is not terminated.” HACM’s decision to evict will be utilized only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different units, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. An actual and imminent threat consists of a physical danger that is real, would occur within an immediate timeframe, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.

Any protections provided by law which give greater protection to the victim are not

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superseded by these provisions.

The HACM shall require verification in all cases where an individual claims protection against an action involving such individual proposed to be taken by HACM. Types of acceptable verifications are outlined below, and must be submitted within 14 business days after receipt of the HACM’s written request for verification.

20.2B VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT OR STALKING

HACM shall require verification in all cases where an individual claims protection against an action involving such individual proposed to be taken by HACM. The request for verification shall take the form of a written request by HACM to the claimant.

A. Requirement for Verification. The law allows, but does not require, HACM to

verify that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking claimed by a tenant or other lawful occupant is bona fide and meets the requirements of the applicable definitions set forth in this policy. HACM shall require verification in all cases where an individual claims protection against an action involving such individual proposed to be taken by HACM.

Verification of a claimed incident or incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may be accomplished in one of the following three ways:

1. HUD-approved form - By providing to HACM a written certification,

on the form approved by the U.S. Department of Housing and Urban Development (HUD), that the individual is a victim of domestic violence, dating violence, sexual assault or stalking and that the incident or incidents in question are bona fide incidents of actual or threatened abuse meeting the requirements of the applicable definition(s) set forth in this policy. The incident or incidents in question must be described in reasonable detail as required in the HUD-approved form, and the completed certification must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim.

2. Other documentation - by providing to HACM documentation signed by

an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing the domestic violence, dating violence, sexual assault or stalking, or the effects of the abuse, described in such documentation. The professional providing the documentation must sign and attest under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse meeting the requirements of the applicable definition(s) set forth in this policy. The victim of the incident or incidents of domestic violence, dating violence, sexual assault or stalking described in the documentation must

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also sign and attest to the documentation under penalty of perjury.

3. Police or court record – by providing to HACM a Federal, State, tribal, territorial, or local law enforcement or court record describing the incident or incidents in question.

B. Time allowed to provide verification/failure to provide. An individual who

claims protection against adverse action based on an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking, and who is requested by HACM to provide verification, must provide such verification within 14 business days after receipt of the written request for verification. Failure to provide verification, in proper form within such time will result in loss of protection under VAWA and this policy against a proposed adverse action. The submission of false information may be the basis for the termination of assistance or for eviction.

C. Managing conflicting documentation. In cases where HACM receives

conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, HACM may determine which is the true victim by requiring third-party documentation as described in 24 CFR 5.2007 and in accordance with any HUD guidance as to how such determinations will be made. HACM shall honor any court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household.

20.2C CONFIDENTIALITY

All information provided under VAWA including the fact that an individual is a victim of domestic violence, dating violence, sexual assault or stalking, shall be retained in confidence and shall not be entered into any shared database or provided to any related entity except to the extent that the disclosure is:

A. Requested or consented to by the individual in writing;

B. Required for used in an eviction proceeding; or

C. Otherwise required by applicable law.

HACM shall provide its tenants notice of their rights under VAWA including their right to confidentiality and the limits thereof. The notice and certification form shall be provided at the time an individual is admitted to a dwelling unit as well as with any notification of eviction or notification of termination of assistance.

20.3 ABANDONMENT

HACM will consider a unit to be abandoned when a resident has both fallen behind in rent AND has clearly indicated by words or actions an intention not to continue living in the unit.

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When a unit has been abandoned, the on-site manager or designee may enter the unit and remove any abandoned property. If the property is valued at $100 or more, it will be stored in a reasonably secure place. A notice will be mailed to the resident stating where the property is being stored and when it will be sold. If HACM does not have a new address for the resident, the notice will be mailed to the unit address so it can be forwarded by the post office.

20.4 RETURN OF SECURITY DEPOSIT

After a family moves out, HACM will return the security deposit within 21 days or give the family a written statement of why all or part of the security deposit is being kept. The rental unit must be restored to the same conditions as when the family moved in, except for normal wear and tear. Deposits will not be used to cover normal wear and tear or damage that existed when the family moved in.

Within 21 days of learning of an abandonment, HACM will either return the security deposit or provide a statement of why the security deposit is being kept.

20.5 THE DECEASED TENANT REPORT

HACM shall generate the EIV’s Deceased Tenants Report monthly to see if the system flags deceased residents. HACM shall review the report and follow up with any listed families immediately and take any necessary corrective action as set forth in PIH Notice 2010-50 or successor publications.

If it is a single member household, HACM shall immediately visit the unit and determine if it is vacant or occupied by an unauthorized person. If improperly occupied, HACM shall take immediate eviction actions under state law. If the property is occupied by a live-in aide to the deceased person, the aid must move out immediately and is not eligible for continued occupancy or rental assistance.

21.1 ANTI-FRAUD POLICY

The HACM is fully committed to combating fraud in its public housing program. It defines fraud as a single act or pattern of actions that include false statements, the omission of information, or the concealment of a substantive fact made with the intention of deceiving or misleading the HACM. It results in the inappropriate expenditure of public housing funds and/or a violation of public housing requirements.

Although there are numerous different types of fraud that may be committed, the two most common are the failure to fully report all sources of income and the failure to accurately report who is residing in the residence. The HACM shall aggressively attempt to prevent all cases of fraud.

When a fraudulent action is discovered, the HACM shall take action. It shall do one or more of the following things depending on circumstances and what it determines

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appropriate:

A. Require the resident to immediately repay the amount in question;

B. Require the resident to enter into a satisfactory repayment agreement as set forth in a previous section of this policy;

C. Terminate the resident’s tenancy;

D. Refer the case for criminal prosecution; or

E. Take such other action as the HACM deems appropriate.

22.1 ELECTION POLICY

Per Wisconsin Statutes, no person may engage in electioneering during polling hours on any public property on election day within 100 feet of an entrance to a building containing a polling place. The following guidelines should be followed with regard to election activities at high-rise developments and family and middle-income developments and scattered sites:

High-rise Developments:

A. Per Housing Authority policy passed by the Board of Commissioners in 1979, door-to-door campaigning in HACM high-rise apartment buildings is prohibited.

B. Instead, open houses will be scheduled at each apartment building before each

election, allowing all candidates to meet residents and campaign on a specified date and during a specified time. During the open house, the candidates must stay in the common area and shall not go door-to-door throughout the building.

C. Resident organizations could decide to invite elected officials, their

representatives or other candidates to speak at or distribute literature at resident organization meetings. However, during election campaigns, if a resident organization allows one candidate to appear at a resident meeting/event (even if (s)he is their current elected official), they should allow any candidate who requests to appear at resident meetings/events.

D. Resident organizations may not endorse one political candidate over another. E. Individual residents may invite candidates at any time up to their unit to speak to

them and/or friends, if they wish. In this case, they must meet the candidate at the door and must accompany them to their unit, in compliance with rules over visitors to buildings. Candidates may not go door-to-door, even if the resident accompanies them.

F. Individuals are allowed to post campaign signs in their windows or on their doors.

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No campaign signs or materials are allowed in common areas or on the grounds. Family and Middle-Income Developments and Scattered Sites:

A. Candidates may go door-to-door in family developments to campaign or distribute literature.

B. Resident organizations could decide to invite elected officials, their

representatives or other candidates to speak at or distribute literature at resident organization meetings. However, during election campaigns, if a resident organization allows one candidate to appear at a meeting/event (even if (s)he is their current elected official), they must allow any candidate who requests to appear at resident meetings/events.

C. Resident organizations may not endorse one political candidate over another. D. Individuals are allowed to post campaign signs in their windows or on their yard.

GLOSSARY

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50058 Form: The HUD form that housing authorities are required to complete for each assisted household in public housing to record information used in the certification and re-certification process and, at the option of the housing authority, for interim reexaminations.

1937 Housing Act: The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) (24 CFR 5.100)

Actual and imminent threat: a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual or imminent threat, the factors to be considered include: The duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. Adjusted Annual Income: The amount of household income, after deductions for specified allowances, on which tenant rent is based. (24 CFR 5.611)

Adult: A household member who is 18 years or older or who is the head of the household, or spouse, or co-head.

Affiliated individual – with respect to an individual, means: (1) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody or control of that individual); or (2) any individual, tenant, or lawful occupant living in the household of that individual.

Allowances: Amounts deducted from the household's annual income in determining adjusted annual income (the income amount used in the rent calculation). Allowances are given for elderly families, dependents, medical expenses for elderly families, disability expenses, and child care expenses for children under 13 years of age. Other allowance can be given at the discretion of the housing authority.

Annual Contributions Contract (ACC): The written contract between HUD and a housing authority under which HUD agrees to provide funding for a program under the 1937 Act, and the housing authority agrees to comply with HUD requirements for the program. (24 CFR 5.403)

Annual Income: All amounts, monetary or not, that:

A. Go to (or on behalf of) the family head or spouse (even if temporarily absent) or

to any other family member; or

B. Are anticipated to be received from a source outside the family during the 12- month period following admission or annual reexamination effective date; and

C. Are not specifically excluded from annual income.

Annual Income also includes amounts derived (during the 12-month period) from assets to which any member of the family has access. (1937 Housing Act; 24 CFR 5.609)

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Applicant (applicant family): A person or family that has applied for admission to a program but is not yet a participant in the program. (24 CFR 5.403)

As-Paid States: States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs. Currently, the four as-paid States are New Hampshire, New York, Oregon, and Vermont.

Assets: The value of equity in savings, checking, IRA and Keogh accounts, real property, stocks, bonds, and other forms of capital investment. The value of necessary items of personal property such as furniture and automobiles are not counted as assets. (Also see "net family assets.")

Asset Income: Income received from assets held by family members. If assets total more than $5,000, income from the assets is "imputed" and the greater of actual asset income and imputed asset income is counted in annual income. (See "imputed asset income" below.)

Bifurcate: means to divide a lease as a matter of law, subject to the permissibility of such process under the the requirements of the applicable HUD covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of remaining tenants or lawful occupants. Broad Range of Income: Total annual household income (based on family size) is very low (>30% but <50% of AMI) or low income (>50% but <80% AMI) based on the most recent income limits provided by HUD.

Certification: The examination of a household's income, expenses, and family composition to determine the family's eligibility for program participation and to calculate the family's share of rent.

Child: For purposes of citizenship regulations, a member of the family other than the family head or spouse who is under 18 years of age. (24 CFR 5.504(b))

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 his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of childcare necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income. (24 CFR 5.603(d))

Citizen: A citizen or national of the United States. (24 CFR 5.504(b))

Community service: The performance of voluntary work or duties that are a public benefit and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities. Consent Form: Any consent form approved by HUD to be signed by assistance applicants and

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participants for the purpose of obtaining income information from employers and SWICAs, return information from the Social Security Administration, and return information for unearned income from the Internal Revenue Service. The consent forms may authorize the collection of other information from assistance applicants or participant to determine eligibility or level of benefits. (24 CFR 5.214) Dating Violence –The term “dating violence” means violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship.

Decent, Safe, and Sanitary: Housing is decent, safe, and sanitary if it satisfies the applicable housing quality standards.

Department: The Department of Housing and Urban Development. (24 CFR 5.100)

Dependent: A member of the family (except foster children and foster adults), other than the family head or spouse, who is under 18 years of age or is a person with a disability or is a full-time student. (24 CFR 5.603(d))

Dependent Allowance: An amount, equal to $480 multiplied by the number of dependents, that is deducted from the household's annual income in determining adjusted annual income.

Disability Assistance Expenses: Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. (24 CFR 5.603(d))

Disability Assistance Expense Allowance: In determining adjusted annual income, the amount of disability assistance expenses deducted from annual income for families with a disabled household member.

Disabled Family: A family whose head (including co-head), spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides. (24 CFR 5.403(b)) (Also see "person with disabilities.")

Disabled Person: See "person with disabilities."

Displaced Family: A family in which each member, or whose sole member, is a person displaced by governmental action (such as urban renewal), 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. (24 CFR 5.403(b))

Displaced Person: A person displaced by governmental action or a person whose dwelling

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has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. [1937 Act] Domestic Violence –The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner, 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 “spouse or intimate partner of the victim” includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Drug-Related Criminal Activity: Drug trafficking or the illegal use, or possession for personal use, of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802.

Elderly Family: A family whose head (including co-head), spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides. (24 CFR 5.403)

Elderly Family Allowance: For elderly families, an allowance of $400 is deducted from the household's annual income in determining adjusted annual income.

Elderly Person: A person who is at least 62 years of age. (1937 Housing Act)

Extremely low-income families: A very low-income family whose income does not exceed the higher of 30% of the median income for the area (as determined by HUD with adjustments for smaller and larger families) or the Federal poverty level, except that HUD may establish income ceilings higher or lower than 30% of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes.

Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.). (24 CFR 5.100)

Family includes but is not limited to:

A. A family with or without children;

B. An elderly family;

C. A near-elderly family;

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D. A disabled family;

E. A displaced family;

F. The remaining member of a tenant family; and

G. A single person who is not an elderly or displaced person, a person with disabilities, or the remaining member of a tenant family. (24 CFR 5.403)

Family Members: All members of the household other than live-in aides, foster children, and foster adults. All family members permanently reside in the unit, though they may be temporarily absent. All family members are listed on the lease. Family Self-Sufficiency Program (FSS Program): The program established by a housing authority to promote self-sufficiency among participating families, including the coordination of supportive services. (24 CFR 984.103(b))

Flat Rent: A rent amount the family may choose to pay in lieu of having their rent determined under the formula method. The flat rent is established by the housing authority based on a HUD mandate that it be set at not less than 80% of the FMR, adjusted for tenant-paid utilities. Families selecting the flat rent option have their income evaluated at least once every three years. The flat rent amount a family pays is not locked in for the three-year period. Instead, the PHA must revise the flat rent amount from year to year based on the findings of the PHA’s rent reasonableness analysis and changes to the FMR.

Formula Method: A means of calculating a family's rent based on 10% of their monthly income, 30% of their adjusted monthly income, the welfare rent, or the minimum rent. Under the formula method, rents may be capped by a flat rent. Under this method, the family's income is evaluated at least annually.

Full-Time Student: A person who is carrying a subject load that is considered full-time for day 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. (24 CFR 5.603(d))

Gender identity: Actual or perceived gender-related characteristics.

Head of Household: The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. (24 CFR 5.504(b))

Homeless (as defined for 50058 reporting purposes): An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:


b. An individual or family living in a supervised publicly or privately operated shelter

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designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or

c. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;

Or, any individual or family who:

a. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; and

b. Has no other residence; and c. Lacks the resources or support networks, e.g. family, friends, and faith-based or other

social networks, to obtain other permanent housing. Household Members: All members of the household including members of the family, live-in aides, foster children, and foster adults. All household members are listed on the lease, and no one other than household members are listed on the lease.

Housing Assistance Plan: A housing plan that is submitted by a unit of general local government and approved by HUD as being acceptable under the standards of 24 CFR 570.

Imputed Income: For households with net family assets of more than $5,000, the amount calculated by multiplying net family assets by a HUD-specified percentage. If imputed income is more than actual income from assets, the imputed amount is used as income from assets in determining annual income.

In-Kind Payments: Contributions other than cash made to the family or to a family member in exchange for services provided or for the general support of the family (e.g., groceries provided on a weekly basis, babysitting provided on a regular basis).

Interim (examination): A reexamination of a family income, expenses, and household composition conducted between the regular annual recertifications when a change in a household's circumstances warrants such a reexamination.

Live-In Aide: A person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities and who:

A. Is determined to be essential to the care and well-being of the persons;

B. Is not obligated for the support of the persons; and

C. Would not be living in the unit except to provide the necessary supportive services. (24 CFR 5.403(b))

Low-Income Families: Those families whose incomes do not exceed 80% of the median

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income for the area as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (1937 Act)

Medical Expenses: Medical expenses (of all family members of an elderly or disabled family), including medical insurance premiums that are anticipated during the period for which annual income is computed and that are not covered by insurance. (24 CFR 5.603(d). These expenses include, but are not limited to, prescription and non-prescription drugs, costs for doctors, dentists, therapists, medical facilities, care for a service animals, transportation for medical purposes.

Mixed Family: A family whose members include those with citizenship or eligible immigration status and those without citizenship or eligible immigration status. (24 CFR 5.504(b))

Monthly Adjusted Income: One twelfth of adjusted income. (24 CFR 5.603(d))

Monthly Income: One twelfth of annual income. (24 CFR 5.603(d))

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. (24 CFR 5.504(b))

Near-Elderly Family: A family whose head (including co-head), spouse, or sole member is a person who is at least 50 years of age but below the age of 62; two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides. (24 CFR 5.403(b))

Net Family Assets:

A. 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.

B. 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.

C. In determining net family assets, housing authorities 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

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date of application for the program or reexamination, as applicable, in excess of the consideration received therefor. 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. (24 CFR 5.603(d))

Non-Citizen: A person who is neither a citizen nor national of the United States. (24 CFR 5.504(b)) Occupancy Standards: The standards that a housing authority establishes for determining the appropriate number of bedrooms needed to house families of different sizes or composition.

Person with Disabilities: A person who:

A. Has a disability as defined in Section 223 of the Social Security Act, which states:

"Inability to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, or

An individual who attained the age of 55 and is blind and unable by reason of such blindness to engage in substantial, gainful activity requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time."

B. Is determined, pursuant to regulations issued by the Secretary, to have a physical,

mental, or emotional impairment that:

1. Is expected to be of long-continued and indefinite duration;

2. Substantially impedes his or her ability to live independently; and

3. Is of such a nature that such ability could be improved by more suitable housing conditions, or

C. Has a developmental disability as defined in Section 102(7) of the Developmental

Disabilities Assistance and Bill of Rights Act, which states:

"Severe chronic disability that: 1. Is attributable to a mental or physical impairment or combination of

mental and physical impairments;

2. Is manifested before the person attains age 22;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitation in three or more of the

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following areas of major life activity: (1) self care, (2) receptive and responsive language, (3) learning, (4) mobility, (e) self-direction, (6) capacity for independent living, and (7) economic self-sufficiency; and

5. Reflects the person's need for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated."

This definition does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. (1937 Act)

No individual shall be considered to be a person with disabilities for purposes of eligibility solely based on any drug or alcohol dependence.

Proration of Assistance: The reduction in a family's housing assistance payment to reflect the proportion of family members in a mixed family who are eligible for assistance. (24 CFR5.520)

Public Housing Agency (PHA): Any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof), which is authorized to engage in or assist in the development or operation of low-income housing under the 1937 Housing Act. (24 CFR 5.100)

Recertification: The annual reexamination of a family's income, expenses, and composition to determine the family's rent.

Remaining Member of a Tenant Family: A member of the family listed on the lease who continues to live in the public housing dwelling after all other family members have left. Resident in Good Standing: A resident who is compliant with their lease and current in all payments to the Housing Authority.

Self-Declaration: A type of verification statement by the tenant as to the amount and source of income, expenses, or family composition. Self-declaration is acceptable verification only when third-party verification or documentation cannot be obtained.

Sexual Assault: The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victims lacks capacity to consent. 42 U.S.C.§13925(a)(29)

Sexual orientation: Homosexuality, heterosexuality, or bisexuality.

Shelter Allowance: That portion of a welfare benefit (e.g., TANF) that the welfare agency designates to be used for rent and utilities.

Single Person: Someone living alone or intending to live alone who does not qualify as an

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elderly family, a person with disabilities, a displaced person, or the remaining member of a tenant family. (Public Housing: Handbook 7465.1 REV-2, 3-5)

Stalking –The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. 42 U.S.C. §13925(a)(30) State Wage Information Collection Agency (SWICA): The State agency receiving quarterly wage reports from employers in the State or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information. (24 CFR 5.214)

Temporary Assistance to Needy Families (TANF): The program that replaced the Assistance to Families with Dependent Children (AFDC) that provides financial assistance to needy families who meet program eligibility criteria. Benefits are limited to a specified time period.

Tenant: The person or family renting or occupying an assisted dwelling unit. (24 CFR 5.504(b))

Tenant Rent: The amount payable monthly by the family as rent to the housing authority. Where all utilities (except telephone) and other essential housing services are supplied by the housing authority or owner, tenant rent equals total tenant payment. Where some or all utilities (except telephone) and other essential housing services are supplied by the housing authority and the cost thereof is not included in the amount paid as rent, tenant rent equals total tenant payment less the utility allowance. (24 CFR 5.603(d))

Third-Party (verification): Written or oral confirmation of a family's income, expenses, or household composition provided by a source outside the household.

Total Tenant Payment (TTP):

A. Total tenant payment for families whose initial lease is effective on or after

August 1, 1982:

1. Total tenant payment is the amount calculated under Section 3(a)(1) of the 1937 Act which is the higher of :

a. 30% of the family’s monthly adjusted income;

b. 10% of the family’s monthly income; or

c. If the family is receiving payments for welfare assistance from a

public agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated.

If the family's welfare assistance is ratably reduced from the standard of

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need by applying a percentage, the amount calculated under section 3(a)(1) shall be the amount resulting from one application of the percentage.

2. Total tenant payment for families residing in public housing does not

include charges for excess utility consumption or other miscellaneous charges.

B. Total tenant payment for families residing in public housing whose initial lease was effective before August 1, 1982: Paragraphs (b) and (c) of 24 CFR 913.107, as it existed immediately before November 18, 1996), will continue to govern the total tenant payment of families, under a public housing program, whose initial lease was effective before August 1, 1982.

Tuition: The amount of tuition and required fees covering a full academic year most frequently charged to students. These values represent what a typical student would be charged and may not be the same for all students at an institution. If tuition is charged on a per-credit-hour basis, the average full-time credit hour load for an entire academic year is used to estimate average tuition. Required fees include all fixed sum charges that are required of a large proportion of all students. The student who does not pay the charges is an exception. Verification of tuition and fees can be obtained from the student’s bill or annual statement, by contacting the bursar’s office, or from the school’s website.

Examples of required fees include, but are not limited to, writing and science lab fees and fees specific to the student’s major or program (i.e. nursing program).

Expenses related to attending an institution of higher education must not be included as tuition. Examples of these expenses include, but are not limited to, room and board, books, supplies, meal plans, transportation and parking, student health insurance plans, and other non-fixed sum charges.

For Section 8 programs only, PHASs must include amounts of financial assistance an individual receives in excess of tuition and other required fees and charges when determining annual income.

For the Public Housing program, the full amount of financial assistance a student receives while participating in the program continues to be excluded from the program participant’s annual income.

Utility Allowance: If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made by a housing authority of the monthly cost 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 healthful living environment. (24 CFR 5.603)

Utility Reimbursement: The amount, if any, by which the utility allowance for the unit, if applicable, exceeds the total tenant payment for the family occupying the unit. (24 CFR 5.603)

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VAWA – means the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.) Very Low-Income Families: Low-income families whose incomes do not exceed 50% of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50% of the median for the areas on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in Section 520 of the Housing Act of 1949, taking into account the subsidy characteristics and types of programs to which such ceilings apply. (1937 Act)

Welfare Assistance: Welfare or other payments to families or individuals, based on need, that are made under programs funded, separately or jointly, by Federal, State or local governments (including assistance provided under the Temporary Assistance for Needy Families (TANF) program, as that term is defined under the implementing regulations issued by the Departmentn of Health and Human Services at 45 CFR 260.31).

45 CFR 260.31 defines the term “assistance” to include cash, payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses).

It includes such benefits even when they are:

A. Provided in the form of payments by a TANF agency, or other agency on its behalf, to

individual recipients; and

B. Conditioned on participation in work experience or community service (or any other work activity under 45 CFR 261.30).

Except where excluded later in this definition, it also includes supportive services such as transportation and childcare provided to families who are not employed.

The term “assistance” exludes:

A. Nonrecurrent, short-term benefits that:

1. Are designed to deal with a specific crisis situation or episode of need; 2. Are not intended to meet recurrent or ongoing needs; and 3. Will not extend beyond four months.

B. Work subsidies (i.e., payments to employers or third parties to help cover the costs of

employee wages, benefits, supervision, and training);

C. Supportive services such as child care and transportation provided to families who are employed;

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D. Refundable earned income tax credits;

E. Contributions to, and distributions from, Individual Development Accounts; F. G. Services such as counseling, case management, peer support, childcare information and

referral, transitional services, job retention, job advancement, and other employment- related services that do not provide basic income support; and

H. Transportation benefits provided under a Job Access or Reverse Commute project,

pursuant to section 404(k) of the Act, to an individual who is not otherwise receiving assistance.

Welfare Rent: In "as-paid" welfare programs, the amount of the welfare benefit designated for shelter and utilities.

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ACRONYMS

ACC Annual Contributions Contract

CFR Code of Federal Regulations

CHAP Commitment to enter into a HAP

CNI Choice Neighborhood Initiative

FSS Family Self Sufficiency (program)

HCDA Housing and Community Development Act

HQS Housing Quality Standards

HUD Department of Housing and Urban Development

INS (U.S.) Immigration and Naturalization Service

NAHA (Cranston-Gonzalez) National Affordable Housing Act

NOFA Notice of Funding Availability

OMB (U.S.) Office of Management and Budget

PHA Public Housing Agency

QHWR Quality Housing and Work Responsibility Act of 1998

RAD Rental Assistance Demonstration Program

SSA Social Security Administration

TTP Total Tenant Payment

TANF Temporary Assistance to Needy Families

W-2 Wisconsin Welfare Reform Program

VAWA Violence Against Women Act

D R A F T

Attachment B: Section 8

Administration Plan

TA

B

D R A F T

SECTION 8

ADMINISTRATIVE PLAN

HOUSING AUTHORITY OF THE

CITY OF MILWAUKEE

RENT ASSISTANCE PROGRAM

The Section 8 Administrative Plan sets forth the Housing Authority of the City of Milwaukee Rent Assistance Program (herein referred to as “RAP”) policies for the operation of the Section 8 Housing Choice Voucher Program, incorporating Federal, State, and local law. It was adopted by the Housing Authority’s Board of Directors on September 21, 2005, by Resolution #11972. The program is governed by the United States Department of Housing and Urban Development (HUD) regulations which are continuously subject to updating and revising. Therefore, not all current regulations may be reflected in this document. This Administrative Plan states policy on matters over which the Program has discretion to establish local policy and restates requirements under Program regulations. Any new HUD requirement received after the date of approval of this Administrative Plan shall automatically be incorporated into this Administrative Plan as a replacement or an addition.

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SECTION 8 ADMINISTRATIVE PLAN TABLE OF CONTENTS

1.0 EQUAL OPPORTUNITY 5 1.1 FAIR HOUSING 2.0 REASONABLE ACCOMMODATIONS 5 2.1 COMMUNICATION 2.2 GRANTING THE ACCOMMODATION 3.0 PROXY 7 4.0 SERVICES FOR LIMITED ENGLISH PROFICIENT PERSONS 7 5.0 FAMILY/OWNER OUTREACH 7 6.0 RIGHT TO PRIVACY 8 7.0 REQUIRED POSTINGS 8 8.0 RESPONSIBILITIES/OBLIGATIONS OF RAP, OWNERS, AND PARTICIPANT

FAMILIES 9 8.1 RAP RESPONSIBILITIES 8.2 OWNER RESPONSIBILITIES 8.3 OBLIGATIONS OF THE PARTICIPANT FAMILY 9.0 TAKING APPLICATIONS 14 10.0 ELIGIBILITY FOR ADMISSION 15 10.1 ELIGIBILITY CRITERIA 11.0 MANAGING THE WAITING LIST 22 11.1 OPENING AND CLOSING THE WAITING LIST 11.2 ORGANIZATION OF THE WAITING LIST 11.3 PURGING THE WAITING LIST 11.4 FAMILIES NEARING THE TOP OF THE WAITING LIST 11.5 MISSED APPOINTMENTS 11.6 WITHDRAWAL OF APPLICANTS FROM THE WAITING LIST 12.0 SELECTING FAMILIES FROM THE WAITING LIST 24 12.1 WAITING LIST ADMISSIONS AND SPECIAL ADMISSIONS 12.2 PREFERENCES 12.3 SELECTION FROM THE WAITING LIST 12.4 ASSIGNMENT OF BEDROOM SIZES (SUBSIDY STANDARDS) 12.5 BRIEFING 13.0 ISSUANCE OF THE VOUCHER/REQUEST FOR APPROVAL OF TENANCY 29 13.1 ISSUANCE OF THE VOUCHER 13.2 TERM OF THE VOUCHER 13.3 APPROVAL TO LEASE A UNIT 13.4 RAP DISAPPROVAL OF OWNER 13.5 INELIGLE/ELIGIBLE HOUSING 13.6 SECURITY DEPOSIT 14.0 DETERMINATION OF FAMILY INCOME 33 14.1 INCOME, EXCLUSIONS FROM INCOME, DEDUCTIONS FROM INCOME 14.2 INCOME 14.3 EXCLUSIONS FROM INCOME 14.4 DEDUCTIONS FROM ANNUAL INCOME

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15.0 VERIFICATION 41 15.1 ACCEPTABLE METHODS OF VERIFICATION 15.2 TYPES OF VERIFICATION 15.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NON-CITIZEN STATUS 15.4 VERIFICATION OF SOCIAL SECURITY NUMBERS 15.5 TIMING OF VERIFICATION 15.6 FREQUENCY OF OBTAINING VERIFICATION 15.7 DISCREPANCIES IN VERIFICATION INFORMATION 15.8 SPECIAL VERIFICATION FOR ADULT STUDENTS 16.0 RENT AND HOUSING ASSISTANCE PAYMENT 53 16.1 RENT REASONABLENESS 16.2 COMPARABILITY 16.3 MAXIMUM SUBSIDY 16.3.1 SETTING THE PAYMENT STANDARD 16.3.2 SELECTING THE CORRECT PAYMENT STANDARD FOR A FAMILY 16.3.3 AREA EXCEPTION RENTS 16.4 ASSISTANCE AND RENT FORMULAS 16.5 UTILITY ALLOWANCE 16.6 DISTRIBUTION OF HOUSING ASSISTANCE PAYMENT 16.7 CHANGE OF OWNERSHIP 17.0 INSPECTION POLICIES, HOUSING QUALITY STANDARDS AND DAMAGE CLAIMS 61 17.1 INSPECTION POLICIES 17.1.1 TYPES OF INSPECTIONS 17.2 OWNER AND FAMILY RESPONSIBILITY FOR HQS 17.3 EXCEPTIONS TO HQS ACCEPTABILITY CRITERIA 17.4 TIME FRAMES AND CORRECTIONS FOR HQS FAIL ITEMS 17.5 EMERGENCY FAIL ITEMS 17.6 ABATEMENT 17.7 LEAD-BASED PAINT REQUIREMENTS 17.8 DAMAGE CLAIMS/PARTICIPANT’S ENSUING RESPONSIBILITIES 18.0 ANNUAL REEXAMINATION POLICIES 71 18.0.1 CHANGES IN LEASE OR RENT 18.1 ANNUAL INCOME REEXAMINATION 18.1.1 EFFECTIVE DATE OF RENT CHANGES FOR ANNUAL REEXAMINATIONS 18.1.2 MISSED APPOINTMENTS 18.2 INTERIM REEXAMINATIONS 18.2.1 SPECIAL REEXAMINATIONS 18.2.2 EFFECTIVE DATE OF RENT CHANGES DUE TO INTERIM OR SPECIAL REEXAMINATIONS 19.0 MOVES WITH CONTINUED ASSISTANCE 74 19.1 WHEN A FAMILY MAY OR MAY NOT MOVE 19.2 PROCEDURES REGARDING FAMILY MOVES 20.0 PORTABILITY 78 20.1 GENERAL POLICIES OF RAP 20.2 INCOME ELIGIBILITY 20.3 PORTABILITY: ADMINISTRATION BY RECEIVING HOUSING AUTHORITY 20.4 PORTABILITY PROCEDURES 21.0 REASONS FOR DENIAL/TERMINATION OF ASSISTANCE TO THE FAMILY 83 21.1 APPLICANT DENIAL OF ASSISTANCE 21.2 PARTICIPANT TERMINATION OR DENIAL OF ASSISTANCE TO MOVE 21.3 CERTIFICATION

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22.0 COMPLAINTS, INFORMAL REVIEWS, INFORMAL HEARINGS 88 22.1 COMPLAINTS 22.2 INFORMAL REVIEWS FOR APPLICANTS 22.3 INFORMAL HEARINGS FOR PARTICIPANTS 22.4 INFORMAL REVIEW/HEARING PROCEDURES 23.0 TERMINATION OF THE LEASE AND CONTRACT 93 23.1 VAWA PROTECTIONS 23.2 VERIFICATION OF DOMESTICE VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING 23.3 CONFIDENTIALITY 24.0 SPECIAL PROCESSING 100 24.1 NON-TRADITIONAL PLACEMENTS 24.2 ZERO/MINIMUM RENT FAMILIES 24.3 TAX DELINQUENT OWNERS 24.4 THE EIV’S DECEASED TENANTS REPORT 25.0 REPAYMENT AGREEMENTS 101 26.0 WRITE-OFFS 103 27.0 PROJECT-BASED HOUSING VOUCHERS 103 27.1 SELECTION OF PROPERTIES TO PROJECT-BASE 27.2 HOUSING QUALITY STANDARDS (HQS) 27.3 REQUIREMENTS FOR REHABILITATED AND NEWLY CONSTRUCTED UNITS 27.4 HOUSING ASSISTANCE PAYMENT CONTRACT 27.5 OPERATION OF PROJECT-BASED PROPERTIES 27.6 RENT TO OWNER 27.7 PAYMENT TO OWNER 28.0 FRAUD POLICY 151 29.0 COOPERATION AGREEMENTS WITH AGENCIES 151 30.0 STAFF COMPLAINTS 152 31.0 QUALITY CONTROL OF SECTION 8 PROGRAM 152 32.0 CODE OF CONDUCT 153 32.1 PURPOSE 32.2 CONFLICT OF INTEREST 32.3 PROHIBITION OF SOLICITATION OR ACCEPTANCE OF GIFTS 32.4 HOUSING AUTHORITY ADMINISTRATIVE AND DISCIPLINARY REMEDIES FOR

VIOLATION OF THE HOUSING AUTHORITY CODE OF CONDUCT

33.0 RENTAL ASSISTANCE DEMONSTRATION (RAD) PROJECT BASED VOUCHERS 154

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GLOSSARY 171 ACRONYMS 192

1.0 EQUAL OPPORTUNITY 1.1 FAIR HOUSING

It is the policy of RAP to comply fully with all Federal, State, and local nondiscrimination laws; the Americans With Disabilities Act; and the U. S. Department of Housing and Urban Development regulations governing Fair Housing and Equal Opportunity.

No person shall, on the grounds of race, color, sex, religion, national or ethnic origin, family status, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under RAP’s housing programs.

No inquiries shall be made about a person's sexual orientation or gender identity. However, RAP may inquire about a person's sex in order to determine the number of bedrooms a household may be eligible for under the occupancy standards or to accurately complete HUD's 50058. To further its commitment to full compliance with applicable Civil Rights laws, RAP will provide Federal/State/local information to applicants for and participants in the Section 8 Housing Program regarding discrimination and any recourse available to them if they believe they may be victims of discrimination. Such information will be made available with the application, and all applicable Fair Housing Information and Discrimination Complaint Forms will be made available at RAP’s office. In addition, all appropriate written information and advertisements will contain the appropriate Equal Opportunity language and logo.

RAP will assist any family that believes they have suffered illegal discrimination by providing copies of the housing discrimination form to them. RAP will also assist them in completing the form, if requested, and will provide them with the address of the nearest HUD Office of Fair Housing and Equal Opportunity. RAP will keep records of all complaints, investigations, notices and corrective actions for five years.

2.0 REASONABLE ACCOMMODATION Sometimes people with disabilities may need a reasonable accommodation in order to

take full advantage of RAP’s housing programs and related services. When such accommodations are granted they do not confer special treatment or advantage on the person with a disability; rather, they make the program fully accessible to them in a

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way that would otherwise not be possible due to their disability. This policy clarifies how people can request accommodations and the guidelines RAP will follow in determining whether it is reasonable to provide a requested accommodation.

Legitimate reasonable accommodation requests shall be granted if possible and not an undue financial or administrative burden to HACM. If the request is contrary to a HUD regulatory requirement and not an undue burden, HACM shall request a waiver of requirement from HUD.

Because disabilities are not always apparent, RAP will ensure that all applicants/participants are aware of the opportunity to request reasonable accommodations.

2.1 COMMUNICATION

Anyone requesting an application will also receive a Request for Reasonable Accommodation Form.

Notifications of reexamination, inspection, appointment, or termination of assistance will include information about requesting a reasonable accommodation. Any notification requesting action by the participant will include information about requesting a reasonable accommodation.

All decisions granting or denying requests will be in writing. Once a participant with RAP, all written communications from the Program will only be mailed to the unit address. Participants may not use a Post Office Box or any other address as a mailing address unless approved by the Program Director.

2.2 GRANTING THE ACCOMMODATION

A. The requestor must be a person with disabilities. For this purpose the definition of disabilities is different than the definition used for admission. The Fair Housing definition used for this purpose is:

A person with 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. (The disability may not be apparent to others, e.g., a heart condition).

If the disability is not apparent or already documented, RAP will require that the requestor obtain verification that the person is a person with a disability.

B. The accommodation must be requested in writing related to the disability. If

it is not apparent that the request is related to the apparent or documented disability, RAP will require documentation that the requested accommodation is needed due to the disability. RAP will not inquire as to the nature of the disability.

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C. The requested accommodation must be reasonable. In order to be determined reasonable, the accommodation must meet two criteria:

1. The accommodation will not alter the fundamental business of the

housing authority. 2. The accommodation will not create an undue financial hardship or

administrative burden.

D. The housing authority retains the right to be shown how the requested accommodation enables the individual to access or use RAP’s programs or services. If more than one accommodation is equally effective in providing access to RAP’s programs and services, RAP retains the right to select the most efficient or economic choice. RAP may assist the individual in obtaining the necessary accommodation. If the tenant requests, as a reasonable accommodation, that they be permitted to make physical modifications at their own expense, RAP will generally approve such a request if it does not violate codes or affect the structural integrity of the unit. Any request for an accommodation that would enable the tenant to materially violate essential lease terms will not be approved (e.g., allowing non-payment of rent, destruction of property, disturbing the peaceful enjoyment of others, etc.)

3.0 PROXY

RAP will allow the use of a proxy by an applicant/participant. RAP will also, upon request, refer applicants/participants to appropriate social service agencies. The use of a proxy does not remove the responsibilities of the applicant/participant to complete their program requirements for participation. RAP requires that program documents may only be signed by the applicant/participant and must be completed by the deadline date specified.

4.0 SERVICES FOR LIMITED ENGLISH PROFICIENT PERSONS

RAP shall do its best, within reason, to assist people with Limited English Proficiency (LEP). This shall be accomplished by assessing the need of LEP persons using the following four factors in deciding what to do: A. The number or proportion of LEP persons served or encountered in the eligible

service area;

B. The frequency with which LEP individuals come in contact with the program; B. The nature and importance of the program, activity, or service provided by the

program; and

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D. The resources available to RAP and costs. In addition, RAP will endeavor to have bilingual staff or access to people who speak languages other than English. Finally, RAP shall utilize multilingual “I speak” cards to the maximum degree possible.

5.0 FAMILY/OWNER OUTREACH

RAP will publicize the availability and nature of the Section 8 Program for applicant families in a newspaper of general circulation during open enrollment. To reach people who cannot or do not read newspapers, RAP will distribute fact sheets to the broadcasting media. RAP will also try to utilize public service announcements.

RAP will communicate the status of housing availability to other service providers in the community and inform them of housing eligibility factors and guidelines so that they may make proper referrals for the Section 8 program. RAP will hold briefings for owners who participate in or who are seeking information about the Section 8 Program. The briefings may be conducted in association with the City of Milwaukee property owners association. Owners participating in the Section 8 Program may participate in making this presentation. The briefing is intended to: a. Explain how the program works; b. Explain how the program benefits owners: c. Explain owners’ responsibilities under the program. Emphasis is placed on

quality screening and ways RAP helps owners do better screening; and d. Provide an opportunity for owners to ask questions, obtain written materials,

and meet RAP staff.

RAP will remain committed to the recruitment of new owners and units for participants. There will be special effort of recruitment to produce units outside of low-income and/or high poverty areas. The efforts shall include attending landlord meetings, target mailings and some advertisements.

6.0 RIGHT TO PRIVACY

All adult members of both applicant and participant households are required to sign HUD Form 9886, Authorization for Release of Information and Privacy Act Notice. The Authorization for Release of Information and Privacy Act Notice states how family information will be released and includes the Federal Privacy Act Statement. Any request for applicant or participant information will not be granted unless there is a signed release of information from the applicant or participant. This includes transmitting data to a Receiving Housing Authority under Portability.

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7.0 REQUIRED POSTINGS

RAP will post, in each of its offices in a conspicuous place and at a height easily read by all persons including persons with mobility disabilities, the following information:

A. The Section 8 Administrative Plan (available upon request) B. Notice of the status of the waiting list (opened or closed)

C. Address of all RAP offices, office hours, telephone numbers, TDD numbers, and hours of operation

D. Income Limits for Admission E. Informal Review/Hearing Procedures (available upon request) F. Fair Housing Poster G. Equal Opportunity in Employment Poster H. The Agency’s SEMAP score and designation

8.0 RESPONSIBILITIES/OBLIGATIONS OF RAP, OWNERS, AND PARTICIPANT FAMILIES This Section outlines the responsibilities and obligations of RAP, Section 8 Owners/Landlords, and participating families.

8.1 RAP RESPONSIBILITIES

A. RAP will comply with the consolidated ACC, the application that RAP submitted to HUD to get the specific vouchers, HUD regulations/requirements, and the Section 8 Administrative Plan.

B. In administering the program, RAP will:

1. Publish and disseminate information about the availability and nature

of housing assistance under the program;

2. Explain the program to owners and families, including both party’s rights and responsibilities under the Violence Against Women Act;

3. Seek expanded opportunities for assisted families to locate housing

outside areas of poverty or racial concentration;

4. Encourage owners to make units available for leasing in the program, including owners of suitable units located outside areas of poverty or racial concentration;

5. Affirmatively further fair housing goals and comply with equal

opportunity requirements;

6. Make efforts to help people with disabilities find satisfactory housing;

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7. Receive applications from families, determine eligibility, maintain

the waiting list, select applicants, issue a voucher to each selected family, and provide housing information to families selected;

8. Determine who can live in the assisted unit at admission and during

the family’s participation in the program;

9. Obtain and verify evidence of citizenship and eligible immigration status in accordance with 24 CFR Part 5;

10. Review the family’s request for approval of the tenancy and the

owner/landlord lease, including the HUD prescribed tenancy addendum;

11. Inspect the unit before the assisted occupancy begins and at least

annually during the assisted tenancy;

12. Determine the amount of the housing assistance payment for a family;

13. Determine the maximum rent to the owner and whether the rent is

reasonable;

14. Make timely housing assistance payments to an owner in accordance with the HAP contract;

15. Examine family income, size and composition at admission and

during the family’s participation in the program. The examination includes verification of income and other family information;

16. Establish and adjust RAP utility allowance;

17. Administer and enforce the Housing Assistance Payments (HAP)

contract with an owner, including taking appropriate action as determined by RAP, if the owner defaults (e.g., HQS violation);

18. Determine whether to terminate assistance to a participant family for

violation of family obligations;

19. Conduct informal reviews/hearings of certain RAP decisions concerning applicants for participation in the program and participant families;

20. Provide sound financial management of the program, including

engaging an independent public accountant to conduct audits; and

21. Administer an FSS program (if applicable). 8.2 OWNER RESPONSIBILITIES

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A. The owner is responsible for performing all of the owner’s obligations under

the HAP contract and the lease.

B. The owner is responsible for:

1. Performing all management and rental functions for the assisted unit, including selecting a voucher holder to lease the unit, and screening the family to determine if the family is suitable for tenancy of the unit;

2. Maintaining the unit in accordance with HQS, including performance

of ordinary and extraordinary maintenance;

3. Complying with equal opportunity requirements; 4. Complying with the HAP Contract;

5. Preparing and furnishing to RAP information required under the HAP contract;

6. Collecting from the family;

a. Any security deposit required under the lease. b. The tenant contribution (the part of rent to owner not covered

by the housing assistance payment).

c. Any charges for unit damage by the family.

7. Entering into a lease/HUD required tenancy addendum and enforcing tenant

obligations under the lease; 8. Including in the lease a clause that provides that engaging in drug-

related criminal activity on or near the premises by the tenant, household member, guest, or any other person under the tenant’s control is grounds for the owner to terminate tenancy. In addition, the lease must also provide that the owner may evict a family if the owner determines that a household member is illegally using a drug or when the owner determines that a pattern of illegal use of a drug interferes with the health, safety or right to peaceful enjoyment of the premises by other residents. An incident(s) of actual or threatened domestic violence, dating violence, sexual assault or stalking do not qualify as serious or repeated violations of the lease by the victim or threatened victim of that violence, and shall not be considered “good cause” for terminating the assistance, tenancy or occupancy rights of the victim of such violence.

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9. Paying for utilities and services (unless paid by the family under the lease);

10. Providing evidence of ownership/residency to RAP upon request; and 11. Retaining in confidence and not entering into any shared database, information provided by any tenants that they are victims of domestic violence, dating violence, sexual assault or stalking. This information shall not be provided to any related entity except when the disclosure is: consented to by the individual in writing, required for use in eviction proceedings, or otherwise required by law.

C. For provisions on modifications to a dwelling unit occupied or to be occupied by a person with disabilities (see 24 CFR § 100.203).

D. The owner is responsible for notifying RAP ninety (90) days prior to any rent

increase. 8.3 OBLIGATIONS OF THE PARTICIPANT FAMILY

This Section states the obligations of a participant family under the program. A. Supplying required information:

1. The family must supply any information that RAP or HUD

determines is necessary in the administration of the program, including submission

of required evidence of citizenship or eligible immigration status.

Information includes any requested certification, release or other documentation.

2. The family must supply any information requested by RAP or HUD

for use in a regularly scheduled reexamination or interim reexamination of family income and composition in accordance with HUD requirements.

3. The family must disclose and verify Social Security Numbers

and must sign and submit consent forms for obtaining information.

4. Any information supplied by the family must be true and complete.

B. HQS breach caused by the Family:

The family is responsible for any HQS breach caused by the family or its guests.

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C. Allowing RAP Inspection:

The family must allow RAP to inspect the unit at reasonable times and after at least 2 days notice.

D. Violation of Lease:

The family may not commit any serious or repeated violation of the lease. E. Family Request to Move or Lease Termination:

The family must submit a request to move to RAP, and notify the owner before the family moves out of the unit during the term of the lease. The family must give notice to the owner and RAP to terminate the lease at the lease anniversary date.

F. Owner Eviction Notice:

The family must promptly give RAP a copy of any owner eviction notice it receives.

G. Use and Occupancy of the Unit:

1. The family must use the assisted unit for residence by the family. The unit must be the family’s only residence.

2. RAP must approve the composition of the assisted family residing in

the unit. The family must promptly inform RAP of the birth, adoption or court-awarded custody of a child. The family must request approval from RAP to add a foster child/foster adult, live-in aide or any other family member as an occupant of the unit. No other person (i.e., no one but members of the assisted family) may reside in the unit unless RAP has given approval.

3. The family must promptly notify RAP if any family member no

longer resides in the unit. 4. Members of the household may engage in legal profit making

activities in the unit, but only if such activities are incidental to primary use of the unit for residence by members of the family. Any business uses of the unit must be approved by the owner, must comply with zoning requirements and the affected household member must obtain all appropriate licenses.

5. The family must not sublease or let the unit.

6. The family must not assign the lease or transfer the unit. 7. The family must not remove any batteries from a smoke detector or

fail to notify the Landlord if the smoke detector is inoperable for any

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reason.

H. Absence from the Unit:

The family must promptly notify RAP of its absence from the unit. The family must supply any information or certification requested by RAP relating to family absence from the unit and the purpose of family absence from the unit, including any information or certification requested by RAP to verify that the family is living in the unit.

Absence means that no member of the family is residing in the unit. The family may be absent from the unit for up to ninety (90) days. The family must notify RAP of absences exceeding ninety (90) days. An authorized absence may not exceed 180 days. Any family absent for more than ninety (90) days without authorization will be terminated from the program.

Authorized absences may include, but are not limited to:

1. Prolonged hospitalization, temporary admission to a nursing home or

rehabilitation center;

2. Absences beyond the control of the family (e.g., death in the family, other family member illness);

3. Other absences that are deemed necessary by RAP.

If a family is terminated after an unauthorized absence for one of the above reasons and can document the ability to return to the dwelling unit, RAP may allow for a re-admittance through the reinstatement process. A written request must be received within 90 days of initial absence from unit.

I. Interest in the Unit:

The family may not own or have any interest in the unit.

J. Fraud and Other Program Violations:

The members of the family must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program.

K. Crime by Family Members:

The members of the family may not engage in drug-related criminal activity or other violent criminal activity or other criminal activity that threatens the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.

L. Other Housing Assistance:

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An assisted family, or members of the family, may not receive Section 8 tenant-based assistance while receiving another housing subsidy, for the same unit or for a different unit, under any duplicative (as determined by HUD or in accordance with HUD requirements) Federal, State or local housing assistance program.

M. Alcohol and/or Drug Abuse By Household Members

The members of the household must not abuse alcohol and/or drugs in a way that threatens the health, safety or right to peaceful enjoyment of other residents and/or persons residing in the immediate vicinity of the premises.

9.0 TAKING APPLICATIONS

Families wishing to apply for the Section 8 Program will be required to complete an application for housing assistance.

Applications are taken to compile a waiting list. Due to the demand for Section 8 assistance in RAP’s jurisdiction, RAP will take applications only during an open enrollment period, depending on the length of the waiting list. When the waiting list is open, anyone interested in applying must request an application. Persons with disabilities who require a reasonable accommodation in completing an application may call RAP to make special arrangements. A Telecommunication Device for the Deaf (TDD) is available. Applications will be dated and time stamped. RAP may elect to have a lottery for applicants to limit the size of the waiting list and keep it manageable. RAP may place applicants on the waiting list in the order of their lottery selection sequence. The initial application for housing assistance, or the pre-application, requires the family to provide limited basic information including name, address, phone number, family composition and family unit size, racial or ethnic designation of the head of household and income category for the family’s placement on the waiting list. Applicants will be provided the opportunity to complete the information on form HUD-92006, Supplement to Application for Federally Assisted Housing. The form gives applicants the option to identify an individual or organization that RAP may contact and the reason(s) the individual or organization may be contacted. The applicants, if they choose to provide the additional contact information, must sign and date the form. If the applicant chooses to have more than one contact person or organization, the applicant must make clear to RAP the reason each person or organization may be contacted. RAP will allow the applicant to complete a form HUD-92006 for each contact and indicating the reason RAP may contact the individual or organization. For example, the applicant may choose to have a relative as a contact for emergency purposes and an advocacy organization for assistance for tenancy purposes.

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Those applicants who choose not to provide the contact information should check the box indicating that they “choose not to provide the contact information” and sign and date the form. It will be the applicant’s responsibility to notify RAP in writing, of any changes in their application status including changes in family composition, income, or address. RAP will annotate the applicant’s file and will update their information on the waiting list.

10.0 ELIGIBILITY FOR ADMISSION

There are six requirements for admission to Section 8 -- qualifies as a family, has an income within the income limits, meets citizenship/eligible immigrant criteria, provides documentation of Social Security Numbers, and signs consent authorization documents. In addition to these eligibility criteria, families must also meet RAP screening criteria in order to be admitted to the Section 8 Program.

10.1 ELIGIBILITY CRITERIA

A. Family status - All families must have a Head of Household or Co-Heads of Household. Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

1. A family with or without children. Such a family is defined as a

group of people related by blood, marriage, adoption or affinity (regardless of actual or perceived sexual orientation, gender identity, or marital status) that lives together in a stable family relationship.

a. Children temporarily absent from the home due to placement

in foster care are considered family members (if properly documented).

b. Unborn children and children in the process of being adopted

are considered family members for purposes of determining bedroom size (if properly documented), but are not considered family members for determining income limit.

2. An elderly family, which is: a. A family whose head, spouse, or sole member is a person who

is at least 62 years of age;

b. Two or more persons who are at least 62 years of age living together; or

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c. One or more persons who are at least 62 years of age living with one or more live-in aides.

3. A near-elderly family, which is:

a. A family whose head (including co-head), spouse, or sole

member is a person who is at least 50 years of age but below the age of 62;

b. Two or more persons who are at least 50 years of age but

below the age of 62 living together; or c. One or more persons who are at least 50 years of age but

below the age of 62 living with one or more live-in aides.

4. A disabled family, which is:

a. A family whose head, spouse, or sole member is a person with

disabilities;

b. Two or more persons with disabilities living together; or

c. One or more persons with disabilities living with one or more live-in aides.

d. For purposes of qualifying for low-income housing, does not

include a person whose disability is based solely on any drug or alcohol dependence.

5. A displaced family is a family in which each member, or whose sole

member, has been displaced by governmental action, or is referred as catastrophic by HACM’s Community Services Section.

6. A remaining member of a tenant family is a family member of an

assisted family who remains in the unit when other family members have left the unit. If the remaining member of a tenant family is a minor or minors, it will be necessary for an adult to temporarily move into a unit to serve as a guardian for children residing in the unit. The income received by the temporary guardian will be counted in determining family income. Although typically a criminal background check is required before anyone can receive Housing Choice Voucher assistance, this requirement will be waived for a guardian in this situation. Instead, the background check will occur after the person moves in. If the results of the check dictate that the person is ineligible for the program, the family shall be given a reasonable time to find a replacement guardian or lose the assistance.

7. A single person who is not an elderly or displaced person, or a

person

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with disabilities, or the remaining member of a tenant family.

B. Income eligibility

1. To be eligible to receive assistance a family shall, at the time the family initially receives assistance under the Section 8 program, be a family that is:

a. An extremely low-income or a very low-income family;

b. A low-income family continuously assisted under the 1937

Housing Act, including families relocated from public housing for the convenience of the agency (continuously assisted families are not counted against the income targeting requirements);

c. A low-income family that qualifies for voucher assistance as a

non-purchasing family residing in a development subject to a resident homeownership program under 24 CFR § 248.173.

2. Income limits apply only at admission and are not applicable for

continued occupancy.

3. The applicable income limit for issuance of a voucher is the highest income limit for the family size for areas within the housing authority’s jurisdiction. The applicable income limit for admission to the program is the income limit for the area in which the family is initially assisted in the program. The family may only use the voucher to rent a unit in an area where the family is income eligible at admission to the program.

4. Families who are moving into RAP’s jurisdiction under portability

and have the status of applicant rather than of participant at their initial housing authority must meet the income limit for the area where they will be assisted under the program.

5. Families who are moving into RAP’s jurisdiction under portability

and are already program participants at their initial housing authority do not have to meet the income eligibility requirement for RAP’s program.

6. Income limit restrictions do not apply to families transferring units

within the Section 8 Program. C. Citizenship/Eligible Immigrant status

To be eligible for a housing choice voucher, at least one member of the family must be a citizen, national, or a non-citizen who has eligible

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immigration status under one of the categories set forth in Section 214 of the Housing and Community Development Act of 1980 (see 42 U.S.C. 1436a(a)) or a citizen of the Republic of Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. However, people in the last category are not entitled to housing assistance in preference to any United States citizen or national resident within Guam.

Family eligibility for assistance: 1. A family shall not be eligible for assistance unless every member of

the family residing in the unit is determined to have eligible status, with the exception noted below.

2. Despite the ineligibility of one or more family members, a mixed

family may be eligible for one of three types of assistance (Sec Section 16.5(E) for calculating rents under the non-citizen rule).

3. A family without any eligible members and receiving assistance on

June 19, 1995, may be eligible for temporary deferral of termination of assistance.

D. To be eligible, every family member must provide RAP with a complete and

accurate Social Security Number unless they do not contend eligible immigration status. See Section 15.4 of this Section 8 Administrative Plan.

E. Signing Consent Forms

1. In order to be eligible each member of the family who is at least 18 years of age, and each family head and spouse regardless of age, shall sign one or more consent forms.

2. The consent form must contain, at a minimum, the following:

a. A provision authorizing HUD and RAP to obtain from State

Wage Information Collection Agencies (SWICAs) any information or materials necessary to complete or verify the application for participation or for eligibility for continued occupancy;

b. A provision authorizing HUD or RAP to verify with previous

or current employers or other sources of income information pertinent to the family’s eligibility for or level of assistance:

c. A provision authorizing HUD to request income information

from the IRS and the SSA for the sole purpose of verifying income information pertinent to the family’s eligibility or level of benefits; and

d. A statement that the authorization to release the information

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requested by the consent form expires 15 or 18 months (whichever date is specified on the form) after the date the consent form is signed, and

e. A statement allowing RAP permission to access the

applicant’s criminal record with any and all police and/or law enforcement agencies.

F. Eligibility for tenancy

RAP determines eligibility for participation and will also conduct criminal background checks on all adult household members, including live-in aides. RAP will deny assistance to a family because of drug-related criminal activity or violent criminal activity by family members. This check will be made through state or local law enforcement or court records in those cases where the household member has lived in the local jurisdiction for the last five years. If the individual has lived outside the local area, RAP may contact law enforcement agencies where the individual had lived or request a check through the FBI’s National Crime Information Center (NCIC). This criminal background check will begin after each adult household member has signed a consent form designed by RAP. The information received as a result of the criminal background check shall be maintained confidentially, not misused or improperly disseminated, and destroyed once the purpose(s) for which it was requested has been accomplished and the period for filing a challenge to RAP action has expired or final disposition of any litigation has occurred.

In deciding whether to exercise their discretion to assist an individual or household that has engaged in criminal activity, RAP will consider all of the circumstances relevant to the particular admission or eviction decision, including but not limited to: the seriousness of the offending action; the effect that the denial of assistance of the entire household would have on family members not involved in the criminal activity; and the extent to which the participant has taken all reasonable steps to prevent or mitigate the criminal activity. RAP will check with the State sex offender registration program and will ban for life any individual who is registered as a lifetime sex offender. RAP will check with our state registry and if the applicant has resided in another State(s), with that State(s)’s list. RAP will utilize the US Department of Justice’s Dru Sjodin National Sex Offender website as an additional resource. The Dru Sjodin National Sex Offender Database is an online, searchable database, hosted by the Department of Justice, which combines the data from individual state sex offender registries.

If the applicant is denied assistance based on either the criminal check or the sex offender registration program, the applicant will be informed of this fact and given an opportunity for an informal review. Applicants that are denied housing will be given the “Notice of Occupancy Rights under the Violence Against Women Act” which provides information on their rights and

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responsibilities under the Violence Against Women Act (VAWA). A copy of the HUD-approved Certification form shall also be provided with the notice. Additional screening is the responsibility of the owner. Upon the written request of a prospective owner, RAP will provide the name, address, and phone number of the applicant’s current landlord and any previous landlords that are known to the housing authority. No applicant for the RAP who has been a victim of domestic violence, dating violence, sexual assault or stalking shall be denied admission into the program if they are otherwise qualified.

G. Special College Student Eligibility Rules

No assistance shall be provided under section 8 of the 1937 Act to any individual who: 1. Is enrolled as a student at an institution of higher education, as

defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);

2. Is under 24 years of age; 3. Is not a veteran of the United States military; 4. Is unmarried; 5. Does not have a dependent child; and 6. Is not otherwise individually eligible, or has parents who, individually

or jointly, are not eligible on the basis of income to receive assistance under section 8 of the 1937 Act.

The above restriction does not apply to a person with disabilities as such term is defined in section 3(b)(3)(E) of the 1937 ACT and who was receiving Section 8 assistance on November 20, 2005.

H. Eligible Students Under 24 Years

A student, under the age of 24 may still be income eligible for assistance in circumstances where the student can demonstrate independence from parents, where the student can demonstrate the absence of parents, or where an examination of the student’s parents’ income may not be relevant. 1. The individual is of legal contract age under state law.

2. The individual has established a household separate from parents or

legal guardians for at least one year prior to application for occupancy or the individual meets the U.S. Department of Education’s definition

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of an ‘‘independent student.’’ Section 480(d) of the Higher Education Act of 1965, as amended (the HEA), 20 U.S.C. 1087vv(d).

3. The individual is not claimed as a dependent by parents or legal

guardians pursuant to IRS regulations.

4. The individual obtains a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support, even if no assistance will be provided.

I. Eligible Student - Verification

RAP will verify to determine whether a student is independent for purposes of using the student’s income alone for determining Section 8 eligibility (Student’s Independence Verification Requirements). Those items include:

1. Reviewing and verifying previous address information to determine evidence of a separate household;

2. Verifying the student meets the U.S. Department of Education’s

definition of ‘‘independent student’’;

3. Reviewing a student’s prior year income tax returns to verify the student is independent or verifying the student meets the U.S. Department of Education’s definition of ‘‘independent student’’; and

4. Verifying income provided by a parent by requiring a written

certification from the individual providing the support. Certification is also required if the parent is providing no support to the student. Financial assistance that is provided by persons not living in the unit is part of annual income. (Except if the student meets the Department of Education’s definition of ‘‘independent student’’ in paragraphs (2), (3) or (8) set forth below).

An “independent student” is defined as:

a. The individual is 24 years of age or older by December 31 of the award year;

b. The individual is an orphan, in foster care, or a ward of the court or was an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age of older;

c. The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s State of legal residence;

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d. The individual is a veteran of the Armed Forces of the United States (as defined in subsection c)(1) of HEA) or is currently serving on active duty in the Armed Forces for other than training purposes

e. The individual is a graduate or professional student;

f. The individual is a married individual;

g. The individual has legal dependents other than a spouse;

h. The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act) (42 U.S.C. 11431 et seq.), or as unaccompanied, at risk of homelessness, and self-supporting, by—

i. A local educational agency homeless liaison, designated

pursuant to section 722(g)(1)(J)(ii) of the ii. McKinney-Vento Homeless Assistance Act;

iii. The director of a program funded under the Runaway and Homeless Youth Act or a designee of the director;

iv. The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) or a designee of the director; or

v. A financial aid administrator; or

i. The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances.

11.0 MANAGING THE WAITING LIST 11.1 OPENING AND CLOSING THE WAITING LIST

Opening of the waiting list will be announced via public notice that applications for Section 8 will again be accepted. The public notice will state where, when and how to apply. The notice will be published in a local newspaper of general circulation, and also by any available minority media. The public notice will state any limitations to who may apply. The notice will state that applicants already on waiting lists for other housing programs must apply separately for this program, and that such applicants will not lose their place on other waiting lists when they apply for Section 8. The notice will include the Fair Housing logo and slogan and otherwise be in compliance with Fair Housing requirements.

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Closing of the waiting list will be announced via public notice. The public notice will state the date the waiting list will be closed. The public notice will be published in a local newspaper of general circulation, and also by any available minority media.

11.2 ORGANIZATION OF THE WAITING LIST

The waiting list will be maintained in accordance with the following guidelines:

A. The application will be a permanent file;

B. All applications will be maintained in order of preference (if any) and then in order of date and time of application;

C. Any written contact between RAP and the applicant will be documented in the applicant file.

D. In the case of a lottery, applications will be maintained in the order of their lottery selection sequence.

All files (applicant or participant) shall be retained for three years from the date the file is closed, whether this is due to the surrender of a housing choice voucher or the removal of a person from the waiting list, whichever is later.

11.3 PURGING THE WAITING LIST

RAP will update and purge its waiting list on an “as needed” basis to ensure that the pool of applicants reasonably represents interested families. Purging also enables RAP to update the information regarding address, family composition and income category and preferences (if any). The purge shall consist of RAP mailing a form, via first class mail, to be completed by the person on the waiting list and returned to the housing authority within a specified number of days. If the envelope is returned as undeliverable or if no response is received from the applicant within the specified time frame, the applicant’s name shall be withdrawn from the waiting list. If the envelope is returned with a forwarding address on it, the housing authority may mail the form to the new address, with a new deadline for response.

11.4 FAMILIES NEARING THE TOP OF THE WAITING LIST When a family nears the top of the waiting list, the family will be invited to an interview and the verification process will begin. Annual income must be verified within sixty (60) days of the issuance of a housing choice voucher. RAP will send a notification letter scheduling an appointment. The letter includes instructions permitting the family to reschedule the interview for documented medical confinement or to send a proxy to represent them if they cannot attend. The letter also tells families who may need to make alternate arrangements due to a disability that they may contact RAP to request an accommodation of their needs. The family will complete a full application, present Social Security Number information, citizenship/eligible immigrant information, and sign the Consent for

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Release of Information forms. All adult household members must present a picture I.D. at interview appointments.

11.5 MISSED APPOINTMENTS

If an applicant fails to keep a scheduled appointment their name will be withdrawn from the waiting list.

11.6 WITHDRAWAL OF APPLICANTS FROM THE WAITING LIST

RAP will deny assistance/withdraw an applicant’s name from the waiting list if:

A. The applicant requests that their name be withdrawn;

B. The applicant fails to respond to a written request for information or a request to declare their continued interest in the program or misses scheduled appointments

12.0 SELECTING FAMILIES FROM THE WAITING LIST 12.1 WAITING LIST ADMISSIONS AND SPECIAL ADMISSIONS

RAP may admit an applicant for participation in the program either as a special admission or as a waiting list admission. Special admissions shall not exceed 2% of the total allocation and vouchers available. If HUD awards funding that is targeted for families with specific characteristics or families living in specific units, RAP will use the assistance for those families. If this occurs, RAP will maintain records demonstrating that these targeted housing choice vouchers were used appropriately.

12.2 Preferences Homeless Preference HACM will apply a preference for an individual or family that is homeless, and it is limited to those that are directly referred to HACM from the Milwaukee Continuum of Care partnership or CoC Coordinated Entry System. Individuals cannot apply on their own to HACM.

At the time(s) that the waiting list is opened for this limited preference (as needed), HACM will provide notice to the Continuum of Care or Coordinated Entry of the total number of slots available at the time for this preference (which will be limited to a maximum number), any additional criteria for the preference, and the deadline for referrals.

Those that are eligible for the preference include individuals and families that meet the definition of homeless as defined in Category 1 or Category 4 homelessness, as defined in HUD’s PIH Notice 2013-15 (HA). HACM will rely on the Continuum

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of Care partner to verify that the individual or family qualifies for the preference. These definitions are below: Category 1: An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:


b. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low- income individuals); or

c. An individual who is exiting an institution where he or she resided for

90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;

Category 4: Any individual or family who:

a. Is fleeing, or is attempting to flee, domestic violence, dating violence,

sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; and

b. Has no other residence; and c. Lacks the resources or support networks, e.g., family, friends, and faith-

based or other social networks, to obtain other permanent housing

The Continuum of Care partnership will continue to provide case management, if available, for homeless individuals housed under this program to help ensure stability of housing.

Youth Aging Out of Foster Care: There are several kinds of programs that the Housing Authority has for youth aging out of foster care.

Foster Youth to Independence (FYI) is a program under which housing choice vouchers are offered for youth to prevent homelessness among youth with a current or prior history of child welfare involvement. The Housing Authority of the City of Milwaukee (HACM) will accept referrals of youth certified by the public child welfare agency (PCWA), as eligible for assistance. These FYI housing choice vouchers assist eligible youth subject to availability. Eligible youth to be assisted are certified by the partnering PCWA and must meet the following conditions:

1. Has attained at least 18 years and not more than 24 years of age;

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2. Left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act; and 3. Is homeless or is at risk of becoming homeless at age 16 or older.

Eligibility is not limited to single persons. For example, pregnant and/or parenting youth are eligible to receive assistance under this notice assuming they otherwise meet eligibility requirements.

The partnering PCWA is responsible for providing case management services for all youth receiving the FYI voucher, per HUD requirements. None of the case management responsibilities are the responsibility of HACM.

For provisions of supportive services, the PCWA will refer all youth who are under the age of 21 and exited from out-of-home care after age 18, to the Transition Regional Authority (TRA) partner.

For provisions of supportive services, the PCWA will refer all youth who are aged 21 or over to the Continuum of Care partner.

The Housing Authority of the City of Milwaukee is not required to maintain full documentation that demonstrates youth's eligibility. In order to maintain an audit trail, the Housing Authority of the City of Milwaukee will keep the referral or certification received from the PCWA.

The Housing Authority of the City of Milwaukee will have discretion to decide whether or not to deny admission to an applicant with certain types of criminal history, or terminate assistance if a tenant, household member, or guest engages in certain drug related or other criminal activity on or near the premises. The Housing Authority of the City of Milwaukee will follow the same regulations as the HCV Program when deciding to deny an application or terminate assistance for FYI applicants and participants.

These vouchers are limited by statute to 36 months of eligibility for a specific household. HACM must continue to use these vouchers for eligible youth upon turnover at the end of the 36 months.

Project-Based Vouchers for Youth Aging out of Foster Care: In addition, the Project-based Voucher program includes certain housing developments or buildings that serve a special targeted population for youth aging out of foster care. Similar to the FYI program, referrals of youth will be certified as eligible for assistance by the public child welfare agency (PCWA) and supportive services will be provided as described above in the FYI program. These project-based vouchers are not limited to 36 months of eligibility.

12.3 SELECTION FROM THE WAITING LIST

RAP will select families from the waiting list based on the date and time of application or in their lottery selection sequence order.

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If necessary to meet the statutory requirement that 75% of newly admitted families in any fiscal year be families who are extremely low-income (unless a different target is agreed to by HUD), RAP retains the right to skip higher income families on the

waiting list to reach extremely low-income families. This measure will only be taken if it

appears the goals will not otherwise be met. To ensure this goal is met, RAP will monitor

incomes of newly admitted families and the income of the families on the waiting list. If there are not enough extremely low-income families on the waiting list, RAP will conduct outreach on a non-discriminatory basis to attract very low-income families to reach the statutory requirement.

12.4ASSIGNMENT OF BEDROOM SIZES (SUBSIDY STANDARDS)

RAP will issue a housing voucher for a particular bedroom size. The bedroom size is a factor in determining the family’s level of assistance. The following guidelines will determine each family’s voucher size without overcrowding or over-housing:

Number of Bedrooms Number of Persons

Minimum Maximum

0 1 1

1 1 2

2 2 4

3 3 6

4 4 8

5 5 10

These standards are based on the assumption that each bedroom will accommodate no more than two (2) persons. In determining bedroom size, RAP will include the presence of children who are in the process of being adopted, children whose custody is being obtained, children who are temporarily away at school or temporarily in foster-care (if properly documented). A college student living away from home will be assigned a bedroom and counted as a family member with the appropriate documentation.

Bedroom size will also be determined using the following guidelines:

A. Children of the same sex under the age of eighteen (18) years will share a

bedroom.

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B. Children of the opposite sex, under the age of five (5) years will share a

bedroom.

C. Adults and children will not be required to share a bedroom.

D. Spouses and partners will share a bedroom.

E. Live-in aides will get a separate bedroom F. An additional or separate bedroom due to a medical need: RAP will grant

exceptions to normal occupancy standards when a family requests a larger size than the guidelines allow and documents a medical reason why the larger size is necessary. The following documentation will be required:

1. Written request from the family and a letter from a licensed,

practicing medical physician explaining the medical need for an additional or separate bedrooms.

2. If the request is for the storage of medical equipment, the request

must State the type of equipment. RAP will verify and document such

equipment is present in the unit through the inspection process.

If the request and supporting documentation is valid, the exception will be granted. If the request for an exception seems invalid and is denied, an informal review/hearing can be requested.

The housing voucher size for the family will be determined by RAP in accordance with the above guidelines and will determine the maximum rent subsidy for the family. The family may select to rent a unit that is smaller than the family voucher size as long as the unit is not over-crowded. If the family selects a smaller unit, the payment standard for the smaller unit size will be used to calculate the subsidy. However, the family must seek approval from RAP to rent a unit that is one bedroom larger than the family voucher size. If approval is granted, the payment standard for the family voucher size will determine the maximum subsidy.

LIVE-IN AIDE A live-in aide is a person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who:

1. Is determined to be essential to the care and well-being of the person(s); 2. Is not obligated for the support of the person(s); and 3. Would not be living in the unit except to provide the necessary supportive

services. If a live-in aide needed, HACM must verify the need for a live-in aide as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by a family member with disabilities.

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Live-in aides are household members, not family members, regardless of their familial relationship; therefore, live-in aides retain no rights to a unit upon the death, eviction, departure, or abandonment by the qualified family member with the disability who needed the live-in aide. If a family member is designated as the live-in aide of another family member, that family member will no longer have remaining rights to the unit should the head of household leave the unit. A live-in aide who is requesting to add his/her family members to the lease will also have his/her family members status added as live-in aide household members and they will also have no remaining rights to the unit. The live-in aide and his/her household members cannot reclassify themselves as family members. A live-in aide’s income is not counted towards the calculation of the assisted family’s income eligibility or rent for the unit. A live-in aide’s family members will not be counted toward the assisted family’s income eligibility, rent, bedroom size, or child deductions.. A live-in aide is allocated a separate bedroom for the purposes of bedroom size for the household. Family members of a live-in aide that are children under 18, children 18 or older who are a student, or a spouse may also reside in the unit, providing doing so does not require an additional bedroom for the family and that the presence of the live-in aide’s family member(s) does not overcrowd the unit. Live-in aides and any family members of the live-in aide 18 or older are required to meet background screening criteria.

12.5BRIEFING

When RAP selects a family from the waiting list, the family will be invited to attend a briefing explaining how the program works. RAP will send a notification letter to the family letting them know that in order to receive a housing choice voucher the family is required to attend the briefing. If they cannot attend the originally scheduled briefing, they may attend a later session or they may send a proxy to represent them. The letter also tells families who may need to make alternate arrangements due to a disability that they may contact RAP to request an accommodation of their needs. If the family fails to attend two (2) briefings, they will be denied assistance and their name will be withdrawn from the program. If an applicant with a disability requires auxiliary aids to gain full benefit from the briefing, RAP will furnish such aids where doing so would not result in a fundamental alteration of the nature of the program or in an undue financial or administrative burden. In determining the most suitable auxiliary aid, RAP will give primary consideration to the requests of the applicant. A. The briefing will cover at least the following subjects:

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1. A description of how the program works;

2. Family and owner responsibilities;

3. Where the family may rent a unit, including inside and outside RAP’s jurisdiction;

4. Types of eligible housing;

5. For families qualified to lease a unit outside RAP’s jurisdiction under

portability, an explanation of how portability works, including how the family’s assistance can be affected through re-screening by the Receiving Housing Authority, changes in the subsidy and payment standards, and other elements of the portability process that could affect the family’s assistance. RAP will not discourage the family from choosing to live anywhere in or outside its jurisdiction under portability procedures, unless otherwise expressly authorized by statute, regulation, PIH Notice or court order;

6. An explanation of the advantages of living in a low poverty census

tract;

7. An explanation that the family share of rent and utilities may not exceed 40% of the family’s monthly adjusted income if the gross rent exceeds the applicable payment standard; and

8. A description of the homeownership program if one exists.

B. During the briefing, RAP will also give the family a packet containing the

following information:

1. The term of the voucher and RAP’s policy on suspensions of the term;

2. How RAP determines the housing assistance payment and total tenant

payment for the family;

3. Information on the payment standard, exception payment standard rent areas, and the utility allowance schedule;

4. How RAP determines the maximum rent for an assisted unit;

5. Where the family may lease a unit. For families qualified to lease

outside RAP’s jurisdiction, the packet includes an explanation of how portability works, including how the family’s assistance can be affected through re-screening by the Receiving Housing Authority, changes in the subsidy and payment standards, and other elements of the portability process that could affect the family’s assistance;

6. The HUD-required tenancy addendum that provides the language that

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must be included in the lease and a sample contract;

7. The request for approval of the tenancy form and an explanation of how to request RAP approval of a unit;

8. A statement of RAP’s policy on providing information to prospective

owners. 9. RAP’s subsidy standards, including when RAP will consider granting

exceptions to the standards;

10. The HUD brochure on how to select a unit (“A Good Place to Live”) and any other information that HUD provides on the subject;

11. The HUD-required lead-based paint brochure;

12. Information on Federal, State, and local equal opportunity laws; the

brochure “Fair Housing: It’s Your Right;” and a copy of the housing discrimination complaint form;

13. A list of landlords or other parties known to RAP who may be willing

to lease a unit to the family or help the family find a unit, including owners with properties outside areas of low poverty;

14. Notice that if the family includes a person with disabilities, the family

may request a current list of accessible units known to RAP that may be available; or request staff assistance in locating a suitable unit.

15. The family’s obligations under the program;

16. The grounds upon which RAP may terminate assistance because of

the family’s action or inaction;

17. RAP’s informal review/hearing procedures, including when RAP is required to provide the opportunity for an informal review/hearing, and information on how to request a review/hearing; and

18. RAP’s owner information brochure. This brochure can be given by

the applicant to a prospective owner to help explain the program. 13.0 ISSUANCE OF VOUCHER/REQUEST FOR APPROVAL OF

TENANCY 13.1 ISSUANCE OF THE VOUCHER

Once all family information has been verified, eligibility determined, subsidy calculated, and the family has attended a briefing, RAP will issue the voucher. At

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this point, the family begins their search for a unit. When the family finds a unit that the owner is willing to lease under the program, the family and the owner will complete and sign a proposed lease and the request for approval of tenancy form. The family will submit the proposed lease and the request form to RAP during the term of the voucher. RAP will review the request and make an initial determination of approval of tenancy. RAP may assist the family in negotiating changes that may be required for the tenancy to be approvable. Once it appears the tenancy may be approvable, RAP will schedule an appointment to inspect the unit within ten (10) days after the receipt of the request form. The voucher time is suspended during any period the unit is unavailable for inspection. RAP will only conduct two (2) inspections per request for approval of tenancy. During the initial stage of qualifying the unit, RAP may provide the prospective owner with information regarding the program upon request. The information will include RAP and owner responsibilities for screening and other essential program elements. Upon request, RAP will provide the owner with the family’s current and prior addresses as shown in RAP records along with the name and address (if known) of the landlords for those addresses. Additional screening is the responsibility of the owner.

13.2 TERM OF THE VOUCHER

The Housing Choice Voucher will expire one hundred and twenty (120) calendar days and/or 120 tolled days from the date of issuance. If the family includes a person with a disability, the family may request additional time on the voucher due to the documented reasonable accommodation. If RAP determines that additional search time would be a reasonable accommodation, RAP may approve an extension. Upon submittal of a completed request for approval of tenancy form, RAP will suspend or toll the term of the voucher. The term of the voucher will be in suspension until the date RAP provides notice that the request has been approved or denied. This policy allows families the full term of 120 days to find a unit, not penalizing them for the period during which RAP is taking action on their request. A family may only submit one (1) request for approval of tenancy form at one time. A family may submit a second request for approval of tenancy only after RAP finalizes action on the first request and if there is still time left on the voucher. In order to reduce costs, RAP may pull back outstanding vouchers for applicants searching for housing that have not yet resulted in an executed HAP contract. If a family’s voucher expires (120 days) and the family fails to submit a request for approval of tenancy for an eligible unit or the request has been denied, RAP will require the family to reapply for assistance. RAP will notify the family in writing by first class mail, that the voucher term has expired and that the family must reapply during the next open application period.

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13.3 APPROVAL TO LEASE A UNIT

RAP will approve a lease if all of the following conditions are met:

A. The unit is eligible; B. The unit is inspected by RAP and passes HQS;

C. The lease is approvable and includes the following:

1. The names of the owner and the tenant; 2. The address of the unit rented; 3. The term of the lease (initial term and any provisions for renewal); 4. The amount of the monthly rent to owner; 5. A specification of what utilities and appliances are to be supplied by

the owner, and what utilities and appliances are to be supplied by the family; and

6. The required HUD tenancy addendum.

D. The rent to the owner is reasonable;

E. The family’s share of rent does not exceed 40% of their monthly-adjusted income if the gross rent exceeds the applicable payment standard;

F. The owner has not been found to be debarred, suspended, or subject to a limited denial of participation by HUD or RAP; and

G. The family continues to meet all eligibility and screening criteria.

The lease term may begin only after all of the aforementioned conditions are met. RAP will prepare the contract when the unit is approved for tenancy. Upon receipt of the executed lease and the signed contract by the landlord, RAP will execute the contract. RAP will not pay any housing assistance to the owner until the contract is executed.

In no case will the contract be executed later than 60 days after the beginning of the lease term.

Any contract executed after the 60-day period will be void and RAP will not pay housing assistance to the owner.

13.4 RAP DISAPPROVAL OF OWNER

RAP will deny participation by an owner at the direction of HUD (one who has been debarred, suspended, or is subject to a limited denial of participation). RAP may also deny the owner’s participation for any of the following reasons:

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A. The owner has violated any obligations under a Section 8 Housing

Assistance Payments Contract;

B. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing program;

C. The owner has engaged in drug-related criminal activity or any violent

criminal activity;

D. The owner has a history or practice of non-compliance with HQS for units leased under Section 8 or with applicable housing standards for units leased with project- based Section 8 assistance or leased under any other Federal housing program;

E. The owner has a history or practice of renting units that fail to meet State or

local codes;

F. The owner has not paid State or local real estate taxes, fines, or assessments;

G. The owner refuses (or has a history of refusing) to evict families for drug-related or violent criminal activity or for activity that threatens the health, safety or right of peaceful enjoyment of the:

1. Premises by tenants, RAP employees or owner employees; or 2. Residences by neighbors.

H. If the owner is the parent, child, grandparent, grandchild, sister, or brother or

any member of the family of an applicant seeking the initial use of a voucher (currently shopping) unless RAP determines that approving the unit would provide reasonable accommodation for a family member who is a person with disabilities; or

I. The Housing Authority has been informed by HUD that the federal

government has instituted an administrative or judicial action against the owner for a violation of the Fair Housing Act or other federal equal opportunity requirements and such action is pending or a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements; or

J. Other conflicts of interest under Federal, State, or local law.

13.5 INELIGIBLE/ELIGIBLE HOUSING

The following types of housing cannot be assisted under the Section 8 Tenant-Based Program:

A. A public housing or Indian housing unit; B. A unit receiving project-based assistance under a Section 8 Program; C. Nursing homes, board and care homes, or facilities providing continual

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psychiatric, medical or nursing services; D. College or other school dormitories; E. Units on the grounds of penal, reformatory, medical, mental, and similar

public or private institutions; F. A single family dwelling occupied by its owner. This restriction does not

apply to cooperatives or to assistance on behalf of a manufactured home owner leasing a manufactured home space; and

G. A unit receiving any duplicative Federal, State, or local housing subsidy. This does not prohibit renting a unit that has a reduced rent because of a tax credit.

RAP will not approve a lease for any of the following special housing types, except as a reasonable accommodation for a family with disabilities:

A. Congregate housing B. Group homes C. Shared housing D. Cooperative housing

RAP will approve leases for the following housing types:

A. Single family dwellings B. Apartments C. Manufactured housing D. Manufactured home space rentals E. Single Room Occupancy (SRO)

13.6 SECURITY DEPOSIT

The owner may collect a security deposit from the tenant in an amount not in excess of amounts charged in private market practice and not in excess of amounts charged by the owner to unassisted tenants.

When the tenant moves out of the dwelling unit, the owner, subject to State or local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid rent payable by the tenant, damages to the unit or for other amounts the tenant owes under the lease. The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must refund promptly the full amount of the unused balance to the tenant in compliance with State law.

If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. If the owner obtains a court judgment for unpaid rent and/or damages, RAP may question the tenant’s continued eligibility.

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14.0 DETERMINATION OF FAMILY INCOME 14.1 INCOME, EXCLUSIONS FROM INCOME, DEDUCTIONS FROM INCOME

To determine annual income, RAP counts the income of all family members, except the types and sources of income that are specifically excluded. RAP will calculate income using the exact amount of dollars and cents. The program will not round any money amounts. Once the annual income is determined, RAP subtracts all allowable deductions (allowances documented in accordance with IRS Publication 502) as the next step in determining the Total Tenant Payment.

14.2 INCOME

A. Annual income means all amounts, monetary or not, that:

1. Go to (or on behalf of) the family head or spouse (even if temporarily absent) or to any other family member, or

2. Are anticipated to be received from a source outside the family during

the 12-month period following admission or annual reexamination effective date; and

3. Are not specifically excluded from annual income.

If it is not feasible to anticipate a level of income over a 12-month period (e.g. seasonal or cyclic income), or RAP believes that past income is the best available indicator of expected future income, RAP may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

B. Annual income includes, but is not limited to:

1. The full amount, before any payroll deductions of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services.

2. The net income from the operation of a business or profession.

Expenditures for business expansion or amortization of capital indebtedness are not used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession is included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.

3. Interest, dividends, and other net income of any kind from real or

personal property. Expenditures for amortization of capital indebtedness are not used as deductions in determining net income.

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An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from an investment is included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income includes the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD. Income that could have been derived from assets worth more than $1000 that were disposed of for less than fair market value within the past two years will be counted as income.

4. The full amount of periodic amounts received from Social Security,

annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount. (However, deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts are excluded.)

5. Payments in lieu of earnings, such as unemployment and disability

compensation, worker’s compensation and severance pay. (However, lump sum additions such as insurance payments from worker’s compensation are excluded.)

6. Welfare assistance.

a. Welfare assistance payments

i. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income consists of:

(1) The maximum amount that the welfare assistance

agency could in fact allow the family for shelter and utilities. If the family’s welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this requirement is the amount resulting from one application of the percentage; plus

(2) The amount of the allowance or grant exclusive of

the amount specifically designated for shelter or utilities.

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ii. Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:

(1). Qualify as assistance under the TANF program

definition at 45 CFR 260.31; and

(2). Are not otherwise excluded under 14.3 of this Plan.

b. Imputed welfare income.

i. A family’s annual income includes the amount of imputed welfare income (because of welfare benefits reductions resulting from either welfare fraud or the failure to comply with economic self-sufficiency requirements, as specified in notice to RAP by the welfare agency), plus the total amount of other annual income.

ii. At the request of RAP, the welfare agency will inform RAP in writing of the amount and term of any specified welfare benefit reduction for a family member, and the reason for such reduction, and will also inform RAP of any subsequent changes in the term or amount of such specified welfare benefit reduction. RAP will use this information to determine the amount of imputed welfare income for a family.

iii. A family’s annual income includes imputed welfare

income in family annual income, as determined at an interim or regular reexamination of family income and composition, during the term of the welfare benefits reduction (as specified in information provided to RAP by the welfare agency).

iv. The amount of the imputed welfare income is offset by

the amount of additional income a family receives that commences after the time the sanction was imposed. When such additional income from other sources is at least equal to the imputed welfare income, the imputed welfare income is reduced to zero.

v. RAP will not include imputed welfare income in annual income if the family was not an assisted resident at the time of the sanction.

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vi. If the family is not satisfied that RAP has calculated the amount of imputed welfare income in accordance with HUD requirements, and if RAP denies the family’s request to modify such amount, then RAP shall give the family written notice of such denial, with a brief explanation of the basis for RAP’s determination of the amount of imputed welfare income. The notice shall also state that if the family does not agree with the determination, the family may contest the decision in accordance with the informal review/hearing policy.

7. Periodic and determinable allowances, such as alimony and child

support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling.

8. All regular pay, special pay, and allowances of a member of the

Armed Forces. (Special pay to a member exposed to hostile fire is excluded.)

14.3 EXCLUSIONS FROM INCOME

Annual income does not include the following:

A. Income from employment of children (including foster children) under the age of 18 years;

B. Payments received for the care of foster children or foster adults (usually

persons with disabilities, unrelated to the tenant family, who are unable to live alone);

C. 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;

D. Amounts received by the family that are specifically for, or in reimbursement

of, the cost of medical expenses for any family member;

E. Income of a live-in aide (unless the person chooses to be included as a member of the tenant family);

F. The full amount of student financial assistance paid directly to the student or

to the educational institution for tuition. Any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent

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children. For purposes of this paragraph, ‘‘financial assistance’’ does not include loan proceeds for the purpose of determining income;

G. The special pay to a family member serving in the Armed Forces who is

exposed to hostile fire;

H. Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the Housing Authority or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiative coordination, and serving as a member of RAP’s governing board. No resident may receive more than one such stipend during the same period of time;

I. The amounts received from the following programs:

1. Amounts received under training programs funded by HUD;

2. Amounts received by a family member with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);

3. Amounts received by a family member in other publicly assisted

programs that are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and that are made solely to allow participation in a specific program;

4. Incremental earnings and benefits received by any family member

resulting from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government). Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the employment training program;

5. Temporary, nonrecurring, or sporadic income (including gifts);

6. Reparation payments paid by a foreign government pursuant to

claims filed under the laws of that government by persons who were persecuted during the Nazi era;

7. Earnings in excess of $480 for each full-time student 18 years old or

older (excluding the head of household and spouse):

8. Adoption assistance payments in excess of $480 per adopted child;

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9. Deferred periodic amounts from Supplemental Security Income and

Social Security benefits that are received in a lump sum amount or in prospective monthly amounts:

10. Amounts received by the family in the form of refunds or rebates

under State or local law for property taxes paid on the dwelling unit;

11. Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or

12. Amounts specifically excluded by any other Federal statute from

consideration as income for purposes of determining eligibility or benefits. These exclusions include:

a. The value of the allotment of food stamps; b. Payments to volunteers under the Domestic Volunteer

Services Act of 1973; c. Certain payments received under the Alaska Native Claims Settlement Act; d. Income from sub-marginal land of the U.S. that is held in trust

for certain Indian tribes; e. Payments made under the U.S. Department of Health and

Human Services’ Low-Income Energy Assistance Program; f. Payments received under the Job Training Partnership Act;

g. Income from the disposition of funds of the Grand River Band of Ottawa Indians;

h. The first $2000 per capita received from judgment funds awarded for certain Indian claims;

i. Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070), including awards under Federal work-study program or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). Any financial assistance in excess of amounts received by an individual for tuition and any other required fees and charges under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher

Education Act of 1965 (20 U.S.C. 1002), shall not be considered income to that individual if the individual is over the age of 23 with dependent children (Pub. L. 109-115, section 327) (as amended);

j. Payments received under Title V of the Older Americans Act of

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1985; k. Payments received on or after January 1, 1989, from the Agent

Orange Settlement Fund (Pub. L. 101-201) or any other fund established pursuant to the settlement in In Re Agent Orange Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);

1. Payments received under the Maine Indian Claims Act of 1980;

m. The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990;

n. Earned income tax credit refund payments ; and o. Allowances, earnings and payments for living expenses under

the AmeriCorps Program. p. Income payments from the U.S. Census Bureau defined as

employment NOT lasting longer than 180 days and not culminating

in permanent employment. q. Kinship Guardian Assistant Payments (Kin-GAP) and similar state guardianship payments.

o. Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95–433);

q. Any allowance paid under the provisions of 38 U.S.C. 1883(c) to children of Vietnam veterans born with spina bifida (38 U.S.C. 1802-05), children of women Vietnam veterans born with certain birth defects (38 U.S.C. 1811-16), and children of certain Korean service veterans born with spina bifida (38 U.S.C. 1821);

r. Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act

s. Allowances, earnings and payments to individuals participating in programs under the Workforce Investment Act of 1998

t. Any low-income subsidy received to assist low-income persons in

paying for their Medicare prescription drug Program. v. One-time recovery payments generated by the American

Recovery and Reinvestment Act (ARRA). w. Payments, funds or distributions authorized, established, or

directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b));

x. Any amount received under the Richard B. Russell School Lunch Act (42 U.S.C. 1760(e)) and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced-price lunches

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and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC);

y. Payments from any deferred U.S. Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts (42 U.S.C. § 1437a(b)(4));

z. Compensation received by or on behalf of a veteran for service-

connected disability, death, dependency, or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111-269, 25 U.S.C. 4103(9)) to the definition of income applicable to programs authorized under the Native American Housing Assistance and Self-Determination Act (NAHASDA) (25 U.S.C. 4101 et seq.) and administered by the Office of Native American Programs;

aa. A lump sum or a periodic payment received by an individual Indian

pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., 816 F. Supp. 2d 10 (Oct. 5, 2011 D.D.C.) for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010 (Pub. L. 111-291);

bb. Any amounts in an “individual development account” as provided

by the Assets for Independence Act, as amended in 2002 (Pub. L. 107-110, 42 U.S.C. 604(h)(4));

cc. Per capita payments made from the proceeds of Indian Tribal Trust

Cases as described in PIH Notice 2013-30 “Exclusion from Income of Payments under Recent Tribal Trust Settlements” (25 U.S.C. 117b(a)); and

dd. Major disaster and emergency assistance received by individuals

and families under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288, as amended) and comparable disaster assistance provided by States, local governments, and disaster assistance organizations (42 U.S.C. 5155(d)).

14.4 DEDUCTIONS FROM ANNUAL INCOME

The following deductions will be made from annual income:

A. $480 for each dependent;

B. $400 for any elderly family or disabled family;

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C. The sum of the following, to the extent the sum exceeds three percent of annual income:

1. Unreimbursed medical expenses of any elderly family or disabled

family including any fee paid by the participant for the Medicare Prescription Drug Program or (documented in accordance with IRS Publication 502); and

2. Unreimbursed reasonable attendant care and auxiliary apparatus

expenses (documented in accordance with IRS Publication 502) for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed, but this allowance may not exceed the earned income received by family members who are 18 years of age or older who are able to work because of such attendant care or auxiliary apparatus; and

D. Reasonable childcare expenses for children 12 and younger necessary to

enable a member of the family to be employed or to further his or her education. This deduction shall not exceed the amount of employment income that is included in annual income.

E. For persons with disabilities already participating in the program, the

incremental earnings due to employment during a cumulative 12-month period following

the date of the initial hire shall be excluded. This exclusion is only available to

the following families:

1. Families whose income increases as a result of employment of a

disabled family member who was previously unemployed (defined as working

less than 10 hours a week at the established minimum wage) for one or more

years.

2. Families whose income increases during the participation of a disabled

family member in any economic self-sufficiency or other job training program.

3. Persons with disabilities who are or were, within 6 months, assisted

under a State TANF or Welfare-to-Work program for at least $500.

During the second cumulative 12-month period after the date of initial hire, 50% of the increased income shall be excluded from income.

The disallowance of increased income of an individual family member is

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limited to a lifetime 48-month period. It only applies for 12 months of the 100% exclusion and 12 months of the 50% exclusion. This is true if it is implemented prior to August 8, 2016. After that date, the “lifetime disallowance” will end 24 months after it began.

15.0 VERIFICATION

RAP will verify information related to waiting list, eligibility, admission and level of benefits prior to admission. Periodically during occupancy, items related to eligibility and rent determination shall also be reviewed and verified. Income, assets, and expenses will be verified, as well as disability status, need for a live-in aide and other reasonable accommodations, full-time student status of family members 18 years of age and older, Social Security Numbers, Picture I.D.’s, citizenship/eligible non-citizen status. Age and relationship will only be verified in those instances where needed to make a determination of level of assistance.

In accordance with Notice PIH 2013-03 (HA), the requirement to undertake the complete process of income verification and rent determination for elderly families and disabled families when 100% of the family’s income consists of fixed incomes is not necessary given the infrequency of changes to their incomes. HACM will allow electronic form completion and use of scanned documents to verify program information. In addition, HACM may use electronic signatures for documents and forms, except in cases where regulatory guidance prohibits the use of electronic signatures.

15.1 ACCEPTABLE METHODS OF VERIFICATION

Age, relationship, U.S. citizenship, and Social Security Numbers will generally be verified with documentation provided by the family and as specified in the chart in 15.2. For citizenship, the family's certification will be accepted. (Or, for citizenship, documentation such as listed below will be required.) Verification of these items will include photocopies of the Social Security cards and other documents presented by the family, the INS SAVE approval code, and forms signed by the family. Other information will be verified by third party verification. This verification includes written documentation (with forms sent directly to and received directly from a source, not passed through the hands of the family). It may be a computerized print-out or report generated by a request from RAP or automatically by another government agency, (e.g., the Social Security Administration). Verification forms and reports received will be contained in the applicant/participant file. This verification may also be by direct contact with the source, in person or by telephone. Third party oral documentation in the file will include the same information as if the documentation had been written, i.e., name, date of contact, amount received, etc.

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When 100% of the family’s income consists of fixed incomes, HACM will recalculate the family incomes by applying any published cost of living adjustments to the previously verified income amount.

Fixed Income includes income from:

· Social Security payments to include Supplemental Security Income (SSI) and Supplemental Security Disability Insurance (SSDI);

· Federal, State, local, and private pension plans; and · Other periodic payments received from annuities, insurance policies, periodic receipts that are of substantially the same amounts from year to year.

When third party verification cannot be obtained, RAP will accept documentation provided by the family. Hand-carried documentation will be accepted if RAP has been unable to obtain third party verification in a maximum of a four week period of time. Photocopies of the documents provided by the family will be maintained in the file. Other information will be verified by the following verification methods acceptable to HUD, in the order of preference indicated: 1. Up-front Income Verifications (UIV)

UIV is the verification of income through an independent source that systematically maintains income information in computerized form for a large number of individuals.

Current UIV resources include the following: a. Enterprise Income Verification (EIV) – The EIV System is a web-

based application, which provides PHAs with employment, wage, unemployment compensation and social security benefit information of tenants who participate in the Public Housing and various Section 8 programs under the jurisdiction of the Office of Public and Indian Housing (PIH). Information in EIV is derived from computer matching programs initiated by HUD with the Social Security Administration (SSA) and the U.S. Department of Health and Human Services (HHS), for all program participants with valid personal identifying information (name, date of birth (DOB), and social security number (SSN)) reported on the form HUD-50058. Use of the EIV system in its entirety is mandatory for all annual and interim re-examinations. The XYZ Housing Authority will monitor the following EIV reports on a monthly basis – (1) Deceased Tenants Report, (2) Identity Verification Report, and the (3) Immigration Report. In addition, it will monitor on a quarterly basis the following EIV reports – (1) Income Discrepancy Report, Multiple Subsidy Report, and the New Hires Report.

b. State Wage Information Collection Agencies (SWICAs)

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c. State systems for the Temporary Assistance for Needy Families (TANF) program

d. Credit Bureau Information (CBA) credit reports e. Internal Revenue Service (IRS) Letter 1722 f. Private sector databases (e.g. The Work Number) RAP will use additional UIV resources as they become available. This will be done before, during and/or after examinations and/or re-examinations of household income as appropriate. It is important to note that UIV data will only be used to verify a participant’s eligibility for participation in a rental assistance program and to determine the level of assistance the participant is entitled to receive and only by properly trained persons whose duties require access to this information. Any other use, unless approved by the HUD Headquarters UIV Security System Administrator, is specifically prohibited and will not occur. No adverse action can be taken against a participant until RAP has independently verified the UIV information and the participant has been granted an opportunity to contest any adverse findings through the established grievance procedure. The consequences of adverse findings may include RAP requiring the immediate payment of any over-subsidy, the entering into a repayment agreement, eviction, criminal prosecution, or any other appropriate remedy. Furthermore, the information RAP derives from the UIV system will be protected to ensure that it is utilized solely for official purposes and not disclosed in any way that would violate the privacy of the affected individuals. The EIV Income Report must remain in the tenant file for the duration of tenancy and no longer than three years from the end of participation (EOP) date. RAP is 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. Once the data has served its purpose, it shall be destroyed by either burning or shredding the data.

2. Third–Party Written Verifications

An original or authentic document generated by a third-party source dated either within the 60-day period preceding the reexamination or RAP request date. Such documentation may be in the possession of the participant (or applicant), and is commonly referred to as participant-provided documents. It is the HUD’s position that such participant-provided documents are written third-party verification since these documents originated from a third-party

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source. RAP may, at its discretion, reject any participant-provided documents and follow up directly with the source to obtain necessary verification of information.

Examples of acceptable participant-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, published cost of living adjustment notices for fixed income sources and unemployment monetary benefit notices. Current acceptable participant-provided documents will be used for income and rent determinations.

RAP will obtain three current and consecutive pay stubs for determining annual income from wages. For new income sources or when three pay stubs are not available, RAP will 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 RAP interview/determination or request date) is acceptable for confirming effective dates of income. Third-party written verifications may also be used to supplement Up-front Income Verifications. They will be utilized when there is a discrepancy of $200 a month or more and the participant disputes the UIV results. 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.

3. Written Third-Party Verification Form

Also known as traditional third-party verification. A standardized form to collect information from a third-party source is distributed by RAP. The form is completed by the third-party by hand (in writing or typeset) when sent the form by RAP.

HUD 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 participants may collude with the third-party source to provide false information; or the participant intercepts the form and provides false information.

HUD requires RAP to rely on documents that originate from a third-party source’s 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 participant-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

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ultimately reduce improper subsidy payments. This verification process will also streamline the income verification process.

RAP will allow 30 calendar days for the return of third-party written verifications prior to continuing on to the next type of verification.

4. Third-Party Oral Verifications

This type of verification includes direct contact with the source, in person or by telephone. When this method is used, staff members will be required to document in writing with whom they spoke, the date of the conversation, the telephone number, and the facts obtained.

RAP will allow 14 calendar days for the return of third-party oral verifications prior to continuing on to the next type of verification.

5. Review of Documents

When UIV, written and oral third-party verifications are not available within the 30 calendar day period allowed in paragraph 3 and 14 calendar day period allowed in paragraph 4 above, the Housing Authority will use the information received by the family, provided that the documents provide complete information. Photocopies of the documents, excluding government checks, provided by the family will be maintained in the file. In cases in which documents are viewed and cannot be photocopied, staff reviewing the documents will complete a written statement as to the contents of the document(s).

6. Self-Certification and Self-Declaration

When UIV, written and oral third-party verifications are not available within the 30 calendar day period allowed in paragraph 3 and 14 calendar day period allowed in paragraph 4 above, and hand-carried verification cannot be obtained, When neither third party verification nor hand-carried verification can be obtained, RAP will accept a notarized statement detailing information needed, signed by the head, spouse, co-head or other adult family member of household. Such documents will be maintained in the file.

Verification forms and reports received will be contained in the applicant/participant file. Oral third-party documentation will include the same information as if the documentation had been written, i.e. name, date of contact, amount received, etc. When any verification method other than Up-front Income Verification is utilized, RAP will document the reason for the choice of the verification methodology in the applicant/resident’s file.

The following chart comes from PIH Notice 2010-19 and PIH Notice 2013-03.

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Level Verification Technique Ranking

6

Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system (not available for income verifications of applicants)

Highest (Mandatory)

5 Up-front 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 participant 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 participant 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)

15.2 TYPES OF VERIFICATION

The chart below outlines the factors that may be verified and gives common examples of the verification that will be sought. To obtain written third party verification, RAP will send a request form to the source along with a release form signed by the applicant/participant via first class mail or facsimile (fax). D R A

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Verification Requirements for Individual items

Item to be verified Third-party verification Hand-carried verification

General Eligibility Items

Social Security Number Not Allowed Original Social Security Card, an appropriate government letter showing the number or other HUD-allowed method

Adult Status of the Head of Household

N/A Valid drivers license, identification card issued by a government agency, or a birth certificate.

Citizenship N/A Signed Certification voter’s registration card, birth certificate, citizenship certificate, valid passport, signed letter from INS

Eligible immigration status INS SAVE confirmation# INS card Disability Letter from medical professional,

SSI, etc. Proof of SSI or Social Security disability payments

Full- time student status (if > 18) Letter from school For high school students, any document evidencing enrollment

Need for live-in aide Letter from doctor or other professional knowledgeable of condition

N/A

Child care costs Letter from care provider Bills and receipts

Disability assistance expenses Letters from suppliers, care givers, etc.

Bills and records of payment



Medical expenses

Letters from providers, prescription record from pharmacy, medical professional’s letter stating assistance or a companion animal is needed

Bills, receipts, records of payment, dates of trips, mileage log, receipts for fares and tolls

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Personal property Assessment, bluebook, etc Receipt for purchase, other evidence of worth

Cash value of life insurance policies

Letter from insurance company Current statement

Assets disposed of for less than fair market value _____________________________

N/A

Original receipt and receipt at disposition, other evidence of worth ______________________

Income Earned income Letter from employer Multiple pay stubs Self-employed N/A Tax return from prior year,

books of accounts Regular gifts and contributions Letter/statement from source,

letter from organization receiving gift e.g., if grandmother pays day care provider, the day care provider could so state)

Bank deposits, other similar evidence

Verification requirements for Individual Items

Medicare Prescription Drug Coverage

A card issued by the private prescription drug plan with the words Medicare Rx on it.

Value of Income from Assets

Savings, checking accounts

Letter from institution Passbook, most current statements

CD’s, bonds, etc. Letter from institution Tax return, information brochure from institution, the CD, the bond

Stocks Letter from broker or holding company

Stock or most current statements, price in newspaper or through Internet

Real property Letter from tax office, assessment, etc.

Property tax statement (for current value), assessment, records or income and expenses, tax return

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Alimony/child support

Court order, letter from source, letter from Human Services

Record of deposits, divorce decree

Social Security Administration

Published cost of living adjustment notice

Letter from Social Security no more than 60 calendar days old as verified by HUD computer systems

Periodic payments (e.g., social security, welfare, pensions, workers’ comp, unemployment)

Letter or electronic reports from the source Published cost of living adjustment notice

Award letter, letter announcing change in amount of future payments

Training program participation Letter from program provider indicating -whether enrolled -whether training is HUD- funded -whether State or local program-whether it is employment training -whether payments are for out – of- pocket expenses incurred in order to participate in a program

N/A

15.3 VERIFICATION OF CITIZENSHIP OR ELIGIBLE NON-CITIZEN STATUS

The citizenship/eligible non-citizen status of each family member must be determined regardless of age.

Prior to being admitted, or at the first reexamination, all citizens and nationals will be required to sign a declaration under penalty of perjury. (They will be required to show proof of their status by such means as birth certificate, military ID or military DD 214 Form.)

Prior to being admitted or at the first reexamination, all eligible non-citizens who are 62 years of age or older will be required to sign a declaration under penalty of perjury. They will also be required to show proof of age.

Prior to being admitted or at the first reexamination, all eligible non-citizens must sign a declaration of their status and a verification consent form and provide their original INS documentation. RAP will make a copy of the individual’s INS documentation and place the copy in the file. RAP also will verify their status through the INS SAVE system. If the INS SAVE system cannot confirm eligibility, RAP will mail information to the INS so a manual check can be made of INS records. Family members who do not claim to be citizens, nationals or eligible non-citizens,

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or whose status cannot be confirmed, must be listed on a statement of non-eligible members and the list must be signed by the head of the household.

7. Non-citizen students on student visas, though in the country legally, are not eligible to be admitted to the Section 8 Program. If they are members of families that include citizens, the rent must be pro-rated. Any family member who does not choose to declare their status must be listed on the statement of non-eligible members.

If no family member is determined to be eligible under this Section, the family’s admission will be denied.

The family’s assistance will not be denied, delayed, reduced or terminated because of a delay in the process of determining eligible status under this Section, except to the extent that the delay is caused by the family.

If RAP determines that a family member has knowingly permitted an ineligible non-citizen (other than any ineligible non-citizens listed on the lease) to permanently reside in their Section 8 unit, the family’s assistance will be terminated. Such family will not be eligible to be readmitted to Section 8 for a period of 24 months from the date of termination.

15.4 VERIFICATION OF SOCIAL SECURITY NUMBERS Prior to admission, every family member must provide RAP with a complete and accurate Social Security Number unless they do not contend eligible immigration status. New family members must provide this verification prior to being added to the lease. If the new family member became a member of the household within six months prior to the date of voucher issuance and is under the age of six and has not been assigned a Social Security Number, the family shall have ninety (90) calendar days after starting to receive the assistance to provide a complete and accurate Social Security Number. RAP shall grant one ninety (90) day extension for newly-added family members under the age of six if in its sole discretion it determines that the person’s failure to comply was due to circumstances that could not have reasonably been foreseen and was outside the control of the person. If the Social Security Number is not provided within the required period, the assistance shall be terminated. If a person is already a program participant and has not disclosed his or her Social Security Number, it must be disclosed at the next re-examination or re-certification.

Participants aged 62 or older as of January 31, 2010 whose initial eligibility determination was begun before January 31, 2010 are exempt from the required disclosure of their Social Security Number. This exemption continues even if the individual moves to a new assisted unit.

The best verification of the Social Security Number is the original Social Security card. If the card is not available, RAP will accept an original document issued by a federal or state government agency, which contains the name of the individual and the Social Security Number of the individual, along with other identifying

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information of the individual or such other evidence of the Social Security Number as HUD may prescribe in administrative instructions. If a family member indicates they have a Social Security Number, but cannot readily verify it, the family cannot be assisted until verification is provided. If the individual fails to provide the verification within the time allowed, the family will be denied assistance and/or terminated from the program. RAP may grant one ninety (90) day extension from termination if in its sole discretion it determines that the person’s failure to comply was due to circumstances that could not have reasonably been foreseen and there is a reasonable likelihood that the person will be able to disclose a Social Security Number by the deadline.

15.5 TIMING OF VERIFICATION

Verification must be dated within sixty (60) days of certification or reexamination. If the verification is older than this, the source will be contacted and asked to provide information regarding any changes. When an interim reexamination is conducted, RAP will verify and update only those elements reported to have changed.

15.6 FREQUENCY OF OBTAINING VERIFICATION

Household income and composition will be verified at least annually and at other times as needed, to determine continued program eligibility. For each family member, citizenship/eligible non-citizen status will be verified only once unless the family member is an eligible immigrant in a transitional stage of admission. In this situation, their status must be updated until they are admitted for permanent residency. This verification will be obtained prior to admission. If the status of any family member was not determined prior to admission, verification of their status will be obtained at the next regular reexamination. Prior to a new member joining the family, their status will be verified.

For each family member, verification of Social Security Number will be obtained only once. This verification will be accomplished prior to admission. When a family member who did not have a Social Security Number at admission receives a Social Security Number, that number will be verified at the next regular reexamination.

15.7 DISCREPANCIES IN VERIFIED INFORMATION

An EIV Income Report shall be pulled from the system before annual or interim reexamination are conducted for any family and compared with family-reported information. If the EIV report reveals an income source that was not reported by the participant or a substantial difference (defined as $2400 or more annually) in the reported income information, RAP will: A. Discuss the income discrepancy with the participant; and

B. Request the participant to provide any documentation to confirm or dispute

the unreported or underreported income and/ or income sources; and

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C. In the event the participant is unable to provide acceptable documentation to resolve the income discrepancy, RAP will request from the third party source, any information necessary to resolve the income discrepancy; and

D. If applicable, determine the participant’s underpayment of rent as a result of unreported or underreported income, retroactively*; and

E. Take any other appropriate action.

*RAP will 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. The participant will be provided an opportunity to contest RAP’s determination of overpayment of the HAP. Participants will be promptly notified in writing of any adverse findings made on the basis of the information verified through the aforementioned income discrepancy resolution process. The participant may contest the findings in accordance with established grievance procedures. RAP will 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 participant-reported and EIV-reported income information, RAP will obtain from the participant, any necessary documentation to complete the income determination process. As noted previously, RAP may reject any participant-provided documentation, if the Authority deems the documentation unacceptable. Documentation provided by the participant will only be rejected for only the following reasons: A. The document is not an original; or B. The original document has been altered, mutilated, or is not legible; or C. The document appears to be a forged document (i.e. does not appear to be

authentic).

RAP will explain to the participant, the reason(s) the submitted documents are not acceptable and request the participant to provide additional documentation. If at any time, the participant is unable to provide acceptable documentation that RAP deems necessary to complete the income determination process, the Authority will submit a traditional third-party verification form to the third-party source for completion and submission to RAP. If the third-party source does not respond to RAP’s request for information, the Authority is required to document the participant file of its attempt to obtain third-party verification and that no response to the third party verification request was received. RAP will then pursue lower level verifications in accordance with the verification hierarchy.

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15.8 SPECIAL VERIFICATION FOR ADULT STUDENTS In addition to other verification procedures, student heads of households must provide a written signed certification that the student does or does not receive any financial support from his or her parents or guardians and whether or not the student is receiving an athletic scholarship. If support is received, the certification must state the amount of the anticipated support. RAP shall verify using normal third party verification procedures that support the amount by communicating directly with the supporting person(s). If an athletic scholarship is involved, RAP shall determine if any of the scholarship is available for housing costs.

16.0 RENT AND HOUSING ASSISTANCE PAYMENT 16.1 RENT REASONABLENESS

RAP will not approve an initial rent or a rent increase in any of the tenant-based programs without determining that the rent amount is reasonable. Reasonableness is determined prior to the initial lease and at the following times:

A. Before any increase in rent to owner is approved;

B. If 60 days before the contract anniversary date there is a 10% decrease in the

published FMR as compared to the previous FMR; and

C. If RAP or HUD directs that reasonableness be re-determined. 16.2 COMPARABILITY

In making a rent reasonableness determination, RAP must determine the monetary rent values of residential units for program participation. RAP will compare the real rent for the unit to the rent of comparable units in the same or comparable neighborhoods that are not assisted under any federal, state or local program. RAP will consider the location, type, property value, quality, size, number of bedrooms, age, amenities, housing services, maintenance, utilities and condition of the unit and the comparable units. The results of this determination shall be documented in the tenant’s file.

RAP will maintain current survey information on rental units in the jurisdiction. RAP may also obtain from landlord associations and management firms the value of the array of amenities.

Owners are invited to submit information to the survey at any time for consideration. Owners may review the determination made on their unit and may submit additional information or make improvements or add amenities to the unit that will enable RAP to establish a higher value.

The owner must certify the rents charged for other units. By accepting the housing assistance payment each month the owner is certifying that the rent to owner is not

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more than the rent charged by the owner for comparable unassisted units on the premises.

16.3 MAXIMUM SUBSIDY

The Fair Market Rent (FMR) published by HUD or the exception payment standard rent (requested by RAP and approved by HUD) determines the maximum subsidy for a family.

For the Voucher Program, the minimum payment standard will be 90% of the FMR and the maximum payment standard will be 110% of the FMR without prior approval from HUD, or the exception payment standard approved by HUD. For a voucher tenancy in an insured or non-insured 236 project, a 515 project of the Rural Development Administration, a Section 202 or 811 project, or a Section 221(d)(3) below market interest rate project, the maximum subsidy may not exceed the basic rent charged including the cost of tenant-paid utilities. Furthermore, if any of the units also receive the benefit of a State, local, or federal housing subsidy (e.g., Section 8 project-based housing assistance payments contract), they are ineligible units under the HCV program.

16.3.1 SETTING THE PAYMENT STANDARD

The Statute requires that the payment standard be set by RAP at between 90 and 110% of the FMR without HUD’s prior approval. RAP will review its determination of the payment standard annually after publication of the FMRs. All revisions shall occur within three months of HUD’s publication of any change in the FMR if the payment standard is no longer within the acceptable range. RAP will consider vacancy rates and rents in the market area, size and quality of units leased under the program, rents for units leased under the program, success rates of voucher holders in finding units, and the percentage of annual income families are paying for rent under the Voucher Program. If it is determined that success rates will suffer or that families are having to rent low quality units located only in poverty-impacted neighborhoods, or pay over 40% of income for rent, the payment standard may be raised to the level judged necessary to alleviate these hardships. The objective is to allow families a reasonable selection of modest, decent, and safe housing in a range of neighborhoods.

RAP may establish a higher payment standard of up to 120% of the FMR without HUD approval if requested as a reasonable accommodation by a family that includes a person with a disability. The payment standard for a family including a disabled person can exceed 120% with HUD’s prior approval. The higher payment standard will only be implemented after documenting in the participant’s file that:

A. A rent reasonableness analysis was conducted in accordance with the HCV

program regulations. B. The family requested lease approval for the unit and requested an exception

payment standard as a reasonable accommodation in writing accompanied by

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a letter from a medical professional explaining what is needed in the family’s residence; and

C. The unit has features that meet the needs of a family member with

disabilities. For example, a unit may be suitable because of its physical features or for other reasons, such as having the requisite number of bedrooms, location on an accessible transit route, or proximity to accessible employment, education, services, or recreation.

Payment standards will not be raised solely to allow the renting of luxury quality units. If success levels are projected to be extremely high and rents are projected to be at or below 30% of income, RAP will reduce the payment standard. Payment standards for each bedroom size are evaluated separately so that the payment standard for one bedroom size may increase or decrease while another remains unchanged. RAP may consider adjusting payment standards at times other than the annual review when circumstances warrant. Before increasing any payment standard, RAP will conduct a financial feasibility test to ensure that in using the higher standards, adequate funds will continue to be available to assist families in the program. If RAP reduces its payment standard after HUD adjusts/reduces its FMRs RAP will not reduce the assistance to our current participants as long as they continue to live in the unit they were occupying at the time of the reduction. The reduced payment standards will be applied to new occupants of a unit/building. Families who have between issued a voucher where the search time may extend past the effective date of a new payment standard shall be informed of both the old and new payment standards once the amount of the new payment standard has been determined.

16.3.2 SELECTING THE CORRECT PAYMENT STANDARD FOR A FAMILY

A. For the voucher tenancy, the payment standard for a family is the lower of:

1. The payment standard for the family voucher size; or

2. The payment standard for the unit size rented by the family.

B. If the unit rented by a family is located in an exception rent area, RAP will use the appropriate payment standard for the exception rent area.

C. During the HAP contract term for a unit, the amount of the payment standard

for a family is the higher of:

1. The initial payment standard (at the beginning of the lease term)

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minus any amount by which the initial rent to owner exceeds the current rent to owner; or

2. The payment standard as determined at the most recent regular

reexamination of family income and composition effective after the beginning of the HAP contract term.

D. At the next annual reexamination following a change in family size or

composition during the HAP contract term and for any reexamination thereafter, paragraph C above does not apply.

E. If there is a change in family voucher size resulting from a change in family

size or composition, the new family voucher size will be considered when determining the payment standard at the next annual reexamination.

16.3.3 AREA EXCEPTION RENTS

In order to help families find housing outside areas of high poverty or when voucher holders are having trouble finding housing for lease under the program, RAP may establish an exception payment standard up to and including 110% of a HUD-approved zip code FMR on its own simply by notifying HUD at [email protected]. If the Housing Authority of the City of Milwaukee exercises this option it shall apply to both the tenant-based and Project-Based programs. The areas may be of any size, though generally not smaller than a census tract. RAP may request one such exception payment standard area or many. Exception payment standard rent authority may be requested for all or some unit sizes, or for all or some unit types. The exception payment standard area(s) may not contain more than 50% of the population of the FMR area.

When an exception payment standard rent has been approved and the FMR increases, the exception rent remains unchanged until such time as RAP requests and HUD approves a higher exception payment standard rent. If the FMR decreases, the exception payment standard rent authority automatically expires.

16.4 ASSISTANCE AND RENT FORMULAS

A. Total Tenant Payment

The total tenant payment is equal to the highest of:

1. 10% of the family’s monthly income;

2. 30% of the family’s adjusted monthly income;

3. The Minimum rent;

4. If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of those

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payments which is so designated. If the family’s welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this provision is the amount resulting from one application of the percentage.

Plus any rent above the payment standard.

B. Minimum Rent

RAP has set the minimum rent as $50.00. However, if the family requests a hardship exemption, RAP will suspend the minimum rent for the family beginning the month following the family’s hardship request. The suspension will continue until RAP can determine whether a hardship exists and whether the hardship is of a temporary or long-term nature. During suspension, the family will not be required to pay a minimum rent and the Housing Assistance Payment will be increased accordingly.

1. A hardship exists in the following circumstances:

a. When the family has lost eligibility for or is awaiting an

eligibility determination for a Federal, State or local assistance program including a family that includes a member who is a non-citizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996.

b. When the income of the family has decreased because of

changed circumstances, including loss of employment; and c. When a death has occurred in the family.

2. No hardship. If RAP determines there is no qualifying hardship, the

minimum rent will be reinstated, including requiring back payment of minimum rent to RAP for the time of suspension.

3. Temporary hardship. If RAP determines that there is a qualifying

hardship but that it is of a temporary nature, the minimum rent will not be imposed for a period of 90 days from the month following the date of the family’s request. At the end of the 90-day period, the minimum rent will be imposed retroactively to the time of suspension. RAP will offer a reasonable repayment agreement for any minimum rent back payment paid by RAP on the family’s behalf during the period of suspension.

4. Long-term hardship. If RAP determines there is a long-term hardship,

the family will be exempt from the minimum rent requirement until the hardship no longer exists.

5. Appeals. The family may use the informal hearing procedure to

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appeal RAP’s determination regarding the hardship. No escrow deposit will be required in order to access the informal hearing procedures.

C. Section 8 Preservation Vouchers

1. Payment Standard

a. The payment standard is the lower of:

i. The payment standard amount for the appropriate family

voucher size; or

ii. The payment standard amount for the size of the dwelling unit actually rented by the family.

b. During the HAP contract term, the payment standard for the

family is the higher of:

i. The initial payment standard (at the beginning of the HAP contract term), as determined in accordance with paragraph (1)(a) of this section, minus any amount by which the initial rent to the owner exceeds the current rent to the owner; or

ii. The payment standard as determined in accordance

with paragraph (1) (a) of this section, as determined at the most recent regular reexamination of family income and composition effective after the beginning of the HAP contract term.

c. At the next regular reexamination following a change in

family composition that causes a change in family voucher size during the HAP contract term, and for any examination thereafter during the term:

i. Paragraph (b) (i) of this section does not apply; and

ii. The new family voucher size must be used to determine the payment standard.

d. If the dwelling unit is located in an exception area, RAP will

use the appropriate payment standard for the exception area.

2. RAP will pay a monthly housing assistance payment on behalf of the family that equals the lesser of:

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a. The payment standard minus the total tenant payment; or

b. The gross rent minus the total tenant payment. D. Manufactured Home Space Rental: Section 8 Vouchers

1. The payment standard for a participant renting a manufactured home space is the published FMR.

2. The space rent is the sum of the following as determined by RAP:

a. Rent to the owner for the manufactured home space;

b. Owner maintenance and management charges for the space; c. d. Payments made to amortize the cost of purchasing the

manufactured home, including taxes and insurance( any increase due to refinancing after purchase is not included); and

e. Utility allowance for tenant paid utilities.

3. The participant pays the rent to owner less the HAP.

4. HAP equals the lesser of:

a. The payment standard minus the total tenant payment; or b. The rent paid for rental of the real property on which the

manufactured home owned by the family is located.

E. Rent for Families under the Non-citizen Rule

A mixed family will receive full continuation of assistance if all of the following

conditions are met:

1. The family was receiving assistance on June 19, 1995;

2. The family was granted continuation of assistance before November 29, 1996;

3. The family’s head or spouse has eligible immigration status; and

4. The family does not include any person who does not have eligible

status other than the head of household, the spouse of the head of household, any parent of the head or spouse, or any child (under the age of 18) of the head or spouse.

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The family’s assistance is prorated in the following manner:

1. Find the prorated housing assistance payment (HAP) by dividing the HAP by the total number of family members, and then multiplying the result by the number of eligible family members.

2. Obtain the prorated family share by subtracting the prorated HAP

from the gross rent (contract rent plus utility allowance).

3. The prorated tenant rent equals the prorated family share minus the full utility allowance.

16.5 UTILITY ALLOWANCE

RAP maintains a utility allowance schedule for all tenant-paid utilities (except telephone), for cost of tenant-supplied refrigerators and ranges, and for other tenant-paid housing services (e.g., trash collection, disposal of waste and refuse).

The utility allowance schedule is determined based on the typical cost of utilities and services paid by energy-conservative households that occupy housing of similar size and type in the same locality. In developing the schedule, RAP uses normal patterns of consumption for the community as a whole, and current utility rates.

RAP reviews the utility allowance schedule annually and revises any allowance for a utility category (if there has not been a change of 10% or more in the utility rate since the last time the utility allowance schedule was revised, a change is not required). RAP maintains information supporting the annual review of utility allowances and any revisions made in its utility allowance schedule. Participants may review this information at any time by making an appointment with RAP. The Housing Authority uses the lower of the appropriate utility allowance for the voucher size or the utility allowance amount for the unit size of the unit actually leased by the family. According to the FY 2014 Appropriations Act Section 242 there is a cap on the utility allowance for families leasing oversized units. The utility allowance is set at the amount based on voucher size rather than the unit size with the ability to set the amount to the unit size in order to provide a reasonable accommodation to the family of a person with disabilities.

At each annual reexamination, RAP applies the utility allowance from the most current utility allowance schedule.

If the gross rent does not exceed the payment standard, the utility allowance will be subtracted from the family’s share to determine the amount of the Tenant Rent. The Tenant Rent is the amount the family owes each month to the owner. The amount of the utility allowance is then still available to the family to pay the cost of their utilities. Any utility cost above the allowance is the responsibility of the tenant. Any savings resulting from utility costs below the amount of the allowance belong to the tenant. RAP will pay any savings resulting from utility costs directly to the utility

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companies on behalf of the tenant.

16.6 DISTRIBUTION OF HOUSING ASSISTANCE PAYMENT

RAP pays the owner the lesser of the housing assistance payment or the rent to owner. If payments are not made within five (5) business days of when due, the owner may charge RAP a late payment, agreed to in the Contract and in accordance with generally accepted practices in RAP’s jurisdiction if the following conditions apply:

A. It is the owner’s practice to charge such penalties for assisted and unassisted

tenants; and B. The owner also charges such penalties against the tenant for late payment of

family rent to the owner.

Late charges will not be paid when the reason for the lateness is attributable to factors beyond the control of RAP. A housing assistance payment is considered made upon being mailed by RAP or an electronic fund transfer of payments has been made. If an owner receives HAP for any month in which the owner is ineligible to receive HAP because of a deceased tenant, RAP will immediately notify the owner in writing of the ineligible HAP and require the owner to repay the overpayment within 30 days. If the owner does not comply, RAP may deduct the amount due to the Authority from any amounts due to the owner under any other HAP contract. If there is no other HAP contract with the owner, RAP may seek and obtain additional relief by judicial order or action in accordance with state and local laws. RAP is not responsible to re-issue or replace a HAP payment that is requested after a time period of 36 months of issuance.

16.7 CHANGE OF OWNERSHIP

RAP requires a written request by the property owner in order to make changes regarding who is to receive RAP’s rent payment or the address as to where the rent payment should be sent.

In addition, RAP requires a written request from the new owner to process a change of ownership. The following documents must accompany the written request:

A. Deed of Trust showing the transfer of title;

B. Tax Identification Number or Social Security Number; and

C. HAP Assignment form.

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RAP will execute the HAP Assignment. New owners will be required to execute IRS form W-9. RAP may withhold the rent payment until the taxpayer identification number is received.

17.0 INSPECTION POLICIES, HOUSING QUALITY STANDARDS, AND DAMAGE CLAIMS

17.1 INSPECTION POLICIES RAP will inspect all units to ensure that they meet Housing Quality Standards (HQS). No unit will be placed on the Section 8 Existing program unless the HQS is met. When a new applicant submits a Request for Tenancy Approval, RAP will schedule a timely inspection of the unit on the date the owner indicates that the unit will be ready for inspection, or as soon as possible thereafter (within 10 business days) upon receipt of a Request for Tenancy Approval. The owner and the applicant will be notified in writing if the unit fails inspection.. If the unit fails HQS again on the second inspection and time remains on the voucher, RAP will notify the applicant to submit a new Request for Tenancy Approval for the same unit or for another unit. RAP will only conduct two (2) inspections per Request for Tenancy Approval. Units will be inspected at least biennially, and at other times as needed, to determine if the unit continues to meet HQS. At recertification, the owner and the participant will be notified of a scheduled inspection appointment. If the unit is disapproved the tenant and owner will be notified of the disapproval and a second inspection will be scheduled. If the unit does not pass the HQS inspection after the 2nd inspection, RAP will notify the participant to submit a new Request for Tenancy Approval for the same unit or for another unit. RAP must be allowed to inspect the dwelling unit via in person or remote video inspection (RVI) at reasonable times with reasonable notice. If the family fails to allow a RAP inspection, RAP will consider the family to have violated a Family Obligation. RAP will take action to terminate the family’s assistance.

17.1.1 TYPES OF INSPECTIONS There are six types of inspections that RAP will perform:

A. Initial Inspection: An inspection that must take place to insure that the unit passes HQS before assistance can begin for a new applicant or a participant in a new unit.

B. Annual/Biennial Inspection: An inspection to determine that the unit continues to meet HQS.

C. Complaint Inspection: An inspection that takes place because of a complaint on the unit by appropriate parties.

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D. Special Inspection: An inspection conducted by RAP with a third party, (e.g., HUD, needing to view the unit.)

E. Emergency Inspection: An inspection that takes place in the event of a

perceived emergency (e.g., disruption of essential services, family’s health or safety is threatened or compromised.) These inspections will take precedence over all other inspections.

F. Quality Control Inspection - Supervisory audit inspections based on at least

the minimum number required by the Section 8 Management Assessment Program (SEMAP).

17.2 OWNER AND FAMILY RESPONSIBILTY FOR HQS

A. Owner Responsibility for HQS:

1. The owner must maintain the unit in accordance with HQS.

2. If the owner fails to maintain the dwelling unit in accordance with HQS, RAP will take prompt and vigorous action to enforce the owner obligations. RAP’s remedies for such breach of the HQS include termination, suspension of housing assistance payments and termination of the HAP contract.

3. RAP will not make any housing assistance payments for a dwelling

unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by RAP and RAP verifies the correction. If a defect is life threatening, the owner must correct the defect within no more than 24 hours. For other defects the owner must correct the defect within no more than thirty (30) calendar days (or any RAP approved extension).

4. The owner is not responsible for a breach of the HQS that is not caused by the owner, and for which the family is responsible. Furthermore, RAP may terminate assistance to a family because of the HQS breach caused by the family.

B. Family Responsibility for HQS:

1. The family is responsible for a breach of the HQS that is caused by any of the following:

a. The family fails to pay for any utilities that the owner is not

required to pay for, but which are to be paid by the tenant;

b. The family fails to provide and maintain any appliances that the owner is not required to provide, but which are to be provided by the tenant; or

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c. Any member of the household or a guest damages the dwelling unit or premises (damage beyond ordinary wear and tear).

d. Any member of the household or a guest removes any

batteries from a smoke detector or the family fails to notify the Housing Authority if the smoke detector is inoperable for any reason.

2. If an HQS breach caused by the family is life threatening, the family must correct the defect within no more than 24 hours. For other family-caused defects, the family must correct the defect within no more than thirty (30) days (or any RAP approved extension).

3. If the family fails to pay for any utilities that the family was required to pay

and the owner pays for those utilities, the family must repay the owner within thirty (30) days. Failure to comply may subject the family to termination from program.

4. If the family has caused a breach of the HQS, RAP will take prompt and vigorous action to enforce the family obligations. RAP may terminate assistance for the family in accordance with 24 CFR § 982.552.

17.3 EXCEPTIONS TO HQS ACCEPTABILITY CRITERIA

RAP will utilize the acceptability criteria of 24 CFR 982.401, with applicable State and local codes. Additionally, RAP has received HUD approval to require the following additional criteria:

A. In each room, there will be at least one (1) exterior window that can be

opened and that contains a screen.

B. Owners will be required to scrape peeling paint and repaint all surfaces cited for peeling paint with two (2) coats of non-lead paint. An extension may be granted as a severe weather related item as defined at section 17.4(D).

C. Adequate heat shall be considered to be sixty-eight (68) degrees.

D. In units where the tenant must pay for utilities, each unit must have separate

metering device(s) for measuring utility consumption.

E. A ¾” overflow pipe must be present on the hot water heater safety valves and installed down to within six (6) inches of the floor.

17.4 TIME FRAMES AND CORRECTIONS OF HQS FAIL ITEMS

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A. Correcting Initial HQS Fail Items

On an initial inspection, the owner will be given a reasonable timeframe to correct the items noted as failed, based on the extent of the repairs required, but not to exceed thirty (30) calendar days.

B. HQS Fail Items for Units under Contract

The owner or participant will be given time to correct the failed items cited on the inspection report for a unit already under contract. If the failed items endanger the family’s health or safety (using the emergency items in Section 17.5), the owner or participant will be given twenty-four (24) hours to correct the violations. For less serious failures, the owner or participant will be given up to 30 calendar days to correct the failed item(s).

If the owner fails to correct the HQS failed items after proper notification has

been given, RAP will abate payment and terminate the contract in accordance with Sections 17.6 and 23.0(B)(3).

If the participant fails to correct the HQS failed items that are family-caused

after proper notification has been given, RAP will terminate assistance for the family in accordance with Sections 17.2(B) and 23.0(B) (3).

C. Time Frames for Corrections

1. Emergency repair items must be abated within twenty-four (24)

hours.

2. Repair of refrigerators, range and oven, or a major plumbing fixture supplied by the owner must be abated within seventy-two (72) hours.

3. For major repairs, the owner will have up to thirty (30) days to

complete.

D. Extensions

At the sole discretion of RAP, extensions of up to thirty (30) days may be granted to permit an owner to complete repairs if the owner has made a good faith effort to initiate repairs. If repairs are not completed within sixty (60) days after the initial inspection date, RAP will abate the rent and cancel the HAP contract for owner noncompliance. Appropriate extensions will be granted if a severe weather condition exists for such items as exterior painting and outside concrete work for porches, steps, and sidewalks.

17.5 EMERGENCY FAIL ITEMS

The following items are to be considered examples of emergency items that need to be abated within twenty-four (24) hours: A. No hot or cold water

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B. No electricity

C. Inability to maintain adequate heat

D. Major plumbing leak

F. Natural gas leak or fumes

F. Broken lock(s) on first floor doors or windows

G. Broken windows that unduly allow weather elements into the unit

H. Electrical outlet smoking or sparking

I. Exposed electrical wires which could result in shock or fire

J. Unusable toilet when only one toilet is present in the unit

K. Security risks such as broken doors or windows that would allow intrusion L. Any other conditions subsequently identified by HUD as life threatening in a

notice published in the Federal Register M. Inoperable smoke detector or missing smoke detector; as of 10/1/2017 City

of Milwaukee Residential buildings with 3 or more units, require a 10-year lithium non-removable battery type smoke alarm.

N. Inoperable or missing carbon-monoxide detector

O. Gas/oil fired water heater or heating, ventilation, or cooling system with

missing, damaged, improper, or misaligned chimney or venting P. Lack of alternative means of exit in case of fire or blocked egress Q. Other interior hazards (missing or damaged fire extinguisher, where

required) R. Deteriorated paint surfaces in a unit built before 1978 and to be occupied by

a family with a child under 6 years of age 17.6 ABATEMENT

When a unit fails to meet HQS and the owner has been given an opportunity to correct the deficiencies, but has failed to do so within the required timeframe, the rent for the dwelling unit will be abated. The abatement will continue until the HAP contract is terminated. When the deficiencies are corrected, RAP will end the abatement the day the unit passes inspection. Rent payments will resume the following day and be paid the first day of the next month.

For tenant caused HQS deficiencies, the owner will not be held accountable and the

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rent will not be abated. The tenant is held to the same standards and timeframes for correction of deficiencies as owners. If deficiencies are not corrected by the deadline, RAP will send a notice of termination to both the tenant and the owner advising them of the contract termination. The tenant will be given the opportunity to request an informal hearing.

17.7 LEAD BASED PAINT REQUIREMENTS The purpose of this Section is to implement Section 302 of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4822 and Chapter HFS 163, Certification for the Identification, Removal and Reduction of Lead-Based Paint Hazards of the State Dept. of Health and Family Services by establishing procedures to eliminate as practicable the hazards of lead- based paint poisoning for units assisted in the program. For purposes of this section, the following definitions apply:

a. Chewable surface: Protruding painted surfaces up to five feet from

the floor or ground that are readily accessible to children under six (6) years of age; for example, protruding corners, window sills and frames, doors and frames, and other protruding woodwork.

b. Component: An element of a residential structure identified by type and location, such as a bedroom wall, an exterior window sill, a baseboard in a living room, a kitchen floor, an interior window sill in a bathroom, a porch floor, stair treads in a common stairwell, or an exterior wall.

c. Deteriorated paint surface: A surface on which the paint is cracking, flaking, chipping, peeling, chalking or loose.

d. Dust wipe sample: A sample of dust collected by wiping a representative surface of a know area with an acceptable wipe material to determine lead content.

e. Elevated blood level (EBL): Excessive absorption of lead. Excessive absorption is a confirmed concentration of lead in whole blood of 20 or more micrograms per 100 milliliters for a single test or of 15 or more micrograms in two consecutive tests at least 90 days apart.

f. HEPA: A high efficiency particle accumulator as used in lead abatement vacuum cleaners.

g. Lead-based paint: A paint surface identified as having a lead content greater than 0.7 milligrams per centimeter or 0.06 % lead by weight.

h. Lead inspection: An on-site, surface by surface investigation of painted, varnished or other coated surfaces to determine the presence of lead.

i. Risk assessment: An on-site investigation of paint, dust, water or other environmental media to determine the existence, nature, severity and location of lead hazards.

j. XRF: A portable analyzer used to determine lead concentration in milligrams per square centimeter using x-ray fluorescence.

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The requirements of this Section do not apply to zero (0) bedroom units, units that are certified by a qualified inspector to be free of lead-based paint, or units designated exclusively for the elderly.

A. If a dwelling unit constructed before 1978 is occupied or can be occupied or

expected to be occupied by a family that includes a child under the age of six (6) years, the initial and each periodic inspection (as required under this part) must include a visual assessment for deteriorated paint surfaces. If deteriorated paint surfaces are found, such surfaces must be treated in accordance with paragraph H of this Section.

B. RAP may exempt from such treatment deteriorated paint surfaces that are

found in a report by a qualified lead-based paint inspector not to be lead-based paint. For purposes of this Section, a qualified lead-based paint inspector is a State or local health or housing agency, an inspector certified or regulated by a State or local health or housing agency, or an organization recognized by HUD.

C. Treatment of deteriorated paint surfaces required under this Section must be completed within thirty (30) days of RAP notification to the owner. When weather conditions prevent treatment of the deteriorated paint conditions on exterior surfaces within the 30-day period, treatment as required by paragraph H of this Section may be delayed for a reasonable time.

a. The requirements in this paragraph apply to:

i. All painted interior surfaces within the unit (including ceilings

but excluding furniture); ii. The entrance and hallway providing access to a unit in a

multi-unit building; and iii. Exterior surfaces up to five (5) feet from the floor or ground

that are readily accessible to children under six (6) years of age (including walls, stairs, decks, porches, railings, windows and doors, including play areas, but excluding outbuildings such as garages and sheds).

D. In addition to the requirements of paragraph A of this Section, for a dwelling

unit constructed before 1978 that is occupied by a family with a child under the age of six (6) years with an identified EBL condition, the initial and each periodic inspection (as required under this part) must include a test for lead-based paint (lead inspection or risk assessment). Testing is not required if previous testing of chewable surfaces is negative for lead-based paint or if the surfaces have already been treated.

E. Testing must be conducted by a State or local health or housing agency, an

inspector certified or regulated by a State or local health or housing agency, or an organization recognized by HUD. Lead content must he tested by using an X-ray fluorescence analyzer (XRF) or by laboratory analysis of paint samples (dust wipe sample). Where lead-based paint on chewable surfaces is

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identified, treatment of the paint surface in accordance with paragraph H of this Section is required, and treatment shall be completed within the time limits in paragraph C of this Section.

F. The requirements in paragraph D of this Section apply to all protruding

painted surfaces up to five (5) feet from the floor or ground that are readily accessible to children under six (6) years of age:

i. Within the unit;

ii. The entrance and hallway providing access to a unit in a multi-unit building; and

iii. Exterior surfaces (including walls, stairs, decks, porches, railings, windows and doors, but excluding outbuildings such as garage and sheds).

G. In lieu of the procedures set forth in paragraph D of this Section, RAP may,

at its discretion, waive the testing requirement and require the owner to treat all interior and exterior chewable surfaces in accordance with the methods set out in paragraph H of this Section.

H. Treatment or abatement of deteriorated paint surfaces and chewable surfaces

must consist of covering or removal of the paint in accordance with the following requirements:

a. A deteriorated paint surface shall be treated if the total area of

deteriorated paint on a component is: i. More than ten (20) square feet on an exterior wall;

ii. More than two (2) square feet on an interior or exterior component with a large surface area, excluding exterior walls and including, but not limited to, ceilings, floors, doors, and interior walls;

iii. More than 10% of the total surface on an interior or exterior component with a small surface area, including, but not limited to, windowsills, baseboards and trim.

b. Acceptable methods of treatment or abatement are the following:

removal by wet scraping, wet sanding, chemical stripping on or off site, replacing painted components, scraping with infra-red or coil type heat gun with temperatures below 1100 degrees, HEPA vacuum sanding, HEPA vacuum needle gun, contained hydro-blasting or high pressure wash with HEPA vacuum, and abrasive sandblasting with HEPA vacuum. Surfaces must be covered with durable materials with joint edges sealed and caulked as needed to prevent the escape of lead contaminated dust.

c. Prohibited methods of removal are the following: open flame burning

or torching, machine sanding or grinding without a HEPA exhaust, uncontained hydro-blasting or high pressure wash, and dry scraping except around electrical outlets or except when treating deteriorated

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paint spots no more than two (2) square feet in any one interior room or space (hallway, pantry, etc.) or totaling no more than twenty (20) square feet on exterior surfaces.

d. During exterior treatment soil and playground equipment must be

protected from contamination.

e. All treatment procedures must be concluded with a thorough cleaning of all surfaces in the room or area of treatment to remove fine dust particles. Cleanup must be accomplished by wet washing surfaces with a lead solubilizing detergent such as tri-sodium phosphate or an equivalent solution.

f. Waste and debris must be disposed of in accordance with all

applicable Federal, State, and local laws.

I. The owner must use safe work methods and take appropriate action to protect residents and their belongings from hazards associated with treatment procedures. Residents must not enter spaces undergoing treatment until cleanup is completed. Personal belongings that are in work areas must be relocated or otherwise protected from contamination.

J. Prior to execution of the HAP contract, the owner must inform RAP and the

family of any knowledge of the presence of lead-based paint on the surfaces of the residential unit.

K. Quarterly RAP will electronically report an updated list of the addresses of

units receiving assistance under the program to the local public health department for purposes of matching against its list of children under the age of six with Elevated Blood Lead Levels (EBLLs) within its jurisdiction.

L. If a match occurs, RAP will carry out all of the actions required by HUD

Notice PIH 2017-13 (HA); OHHLHC 2017-01 “Guidance on HUD’s Lead Safe Housing Rule Pertaining to Elevated Blood Lead Levels for the Public Housing, Housing Choice Voucher, and Project-Based Voucher Programs”.

Similar procedures will be followed if RAP is notified by any other means

that a child under the age of six has been identified with an EBLL that is currently receiving assistance under the program.

M. RAP must keep a copy of each inspection report for at least three (3) years.

If a dwelling unit requires testing, or if the dwelling unit requires treatment of chewable surfaces based on the testing, RAP must keep the test results indefinitely and, if applicable, the owner certification and treatment. The records must indicate which chewable surfaces in the dwelling units have been tested and which chewable surfaces were tested and treated in accordance with the standards prescribed in this Section. Such chewable surfaces do not have to be tested or treated at any subsequent time.

17.8 DAMAGE CLAIMS/PARTICIPANT’S RESPONSIBILITIES

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There are no provisions under the voucher program for reimbursement to an owner for claims of damages, vacancy loss or unpaid rent. The tenant is solely responsible for reimbursement to an owner for any damages to the unit or unpaid rent. When the tenant moves out of the dwelling unit, the owner, subject to State or local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid rent due from the tenant or for other amounts the tenant owes under the lease. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. If the family has caused a breach of the HQS, thereby violating family obligations, RAP will take prompt and vigorous action and may question continued eligibility, deny or terminate the participant from the program in accordance with 24 CFR 982.552.

18.0 ANNUAL REEXAMINATION POLICIES 18.0.1 CHANGES IN LEASE OR RENT

If the participant and owner agree to any changes in the lease, all changes must be in writing, and the owner must immediately give RAP a copy of the changes. The lease, including any changes, must be in accordance with this Administrative Plan.

Owners must notify RAP of any changes in the amount of the rent at least ninety (90) days prior to the lease anniversary date. Any such changes are subject to RAP determining them to be reasonable.

Assistance shall not be continued unless RAP has approved a new tenancy in accordance with program requirements and has executed a new HAP contract with the owner if any of the following changes are made:

A. Requirements governing participant or owner responsibilities for utilities,

appliances or amenities; B. In the lease terms governing the term of the lease;

C. If the participant moves to a new unit, even if the unit is in the same building

or complex.

RAP approval is not required for changes other than those specified in A, B, or C above.

18.1 ANNUAL INCOME REEXAMINATION

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At least annually RAP will conduct a reexamination of family income and circumstances. The results of the reexamination determine (1) the rent the family will pay, and (2) whether the family subsidy is correct based on the family voucher size.

RAP will send a notification letter to the family letting them know that it is time for their annual reexamination and of their scheduled interview appointment. The letter includes instructions permitting the family to reschedule the interview for documented medical confinement or to send a proxy to represent them if they cannot attend. The letter tells families who may need to make alternate arrangements due to a disability that they may contact RAP to request an accommodation of their needs. The letter also includes forms for the family to complete in preparation for the interview.

During the interview, the family will provide all information regarding income, assets, expenses, and other information necessary to determine the family’s share of rent. The family will sign the HUD consent form and other consent forms that later will be mailed to the sources that will verify the family circumstances.

Upon receipt of verification, RAP will determine the family’s annual income and will calculate their family share.

18.1.1 EFFECTIVE DATE OF RENT CHANGES FOR ANNUAL

REEXAMINATIONS

The new family share will generally be effective upon the anniversary date with 30 days notice of any rent increase to the family. If the rent determination is delayed due to a reason beyond the control of the family, then any rent increase will be effective the first of the month after the month in which the family receives a 30-day notice of the amount. If the new rent is a reduction and the delay is beyond the control of the family, the reduction will be effective as scheduled on the anniversary date. If the family caused the delay, then any increase will be effective on the anniversary date. Any reduction will be effective the first of the month after the rent amount is determined.

18.1.2 MISSED APPOINTMENTS

If the family fails to respond to the letter and fails to attend the interview, a No Show Meeting notice will be sent allowing the family to request another appointment and submit documentation as to why the initial meeting was not attended. If the documentation is deemed acceptable, a second recertification appointment will be scheduled. Failure by the family to attend the second scheduled interview will result in RAP taking action to terminate the family’s assistance. Failure by the family to complete and submit the notice by the deadline date, or to submit adequate documentation, will result in RAP taking action to terminate the family’s assistance. A termination notice will be issued to both the family and the owner. The

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termination notice will inform the family of its right to request an informal hearing. 18.2 INTERIM REEXAMINATIONS

Families are required to report any increase or decrease in income and in allowable expenses in writing between annual reexaminations. Families must report any change in income to RAP within fifteen (15) business days from the date the change occurs. Failure to do so may result in the family having to pay monies back to RAP and/or the family’s termination from the program. RAP will take timely action to process the interim reexamination and recalculate the family share of rent. Families are also required to report changes in family composition to RAP between regular reexaminations. These changes will trigger an interim reexamination:

A. A member has been added to the family. Marriage, adoption, etc. B. A household member is leaving or has left the family unit. C. Family break-up. In circumstances of a family break-up, RAP will determine which family member

will retain the voucher. The factors to be considered in making this decision include: 1. To whom the voucher was issued.

2. The interests of minor children or of ill, elderly, or disabled family members.

3. Whether the assistance should remain with the family members remaining in the unit. 4. If the family break-up results from an occurrence of domestic violence,

dating violence, sexual assault or stalking, RAP will ensure that the victim retains assistance. The factors to be considered in making this decision include:

a. Whether the assistance should remain with family members

remaining in the original assisted unit.

b. The interest of minor children or of ill, elderly, or disabled family members.

c. Whether family members are forced to leave the unit as a result of actual or threatened domestic violence, dating violence, sexual assault or stalking.

d. Whether any of the family members are receiving protection as victims of domestic violence, dating violence, sexual assault or

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stalking and whether the abuser is still in the household.

If a court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, RAP will be bound by the court’s determination of which family members continue to receive assistance in the program. Because of the number of possible different circumstances in which a determination will have to be made, RAP will make determinations on a case by case basis.

RAP will issue a determination in a timely manner. The family member requesting the determination may request an informal hearing.

In order to add a household member other than through birth or adoption (including a live-in aide) the family must request that the new member be added to the lease. Before adding the new member to the lease, the individual must obtain written consent from the owner on the RAP prescribed form, provide their income, assets, Social Security Number and all other information required of an applicant. The individual must also verify their citizenship/eligible immigrant status (their housing will not be delayed due to delays in verifying eligible immigrant status other than delays caused by the family). The new family member will go through the screening process similar to the process for applicants. RAP will determine the eligibility of the individual before allowing them to be added to the lease. If the individual is found to be ineligible or does not pass the screening criteria, they will be advised in writing and given the opportunity for an informal review/hearing. If they are found to be eligible and do pass the screening criteria, RAP will grant approval to add their name to the lease. At the same time, the family’s annual income will he recalculated taking into account the income and circumstances of the new family member. The effective date of the new rent will be in accordance with paragraph 18.2.2 below.

18.2.1 SPECIAL REEXAMINATIONS

If a family’s income is too unstable to project for twelve (12) months, including families that temporarily have no income or have a temporary decrease in income, RAP may schedule special reexaminations every ninety (90) days until the income stabilizes and an annual income can be determined. Depending on the family’s circumstances, RAP may also schedule meetings with the family to review the family’s income status between the special reexamination (s).

18.2.2 EFFECTIVE DATE OF RENT CHANGES DUE TO INTERIM OR SPECIAL

REEXAMINATIONS

Unless there is a delay in reexamination processing caused by the family, RAP will give the family a 30 day notice of any rent increase. If the family fails to report a change within the required time frame, or fails to provide all required information within the required time frames, the increase will be applied retroactively to the date it would have been effective had the information been provided on a timely basis. The family will be responsible for any overpaid subsidy and may be offered a repayment agreement in accordance with Section 25.0 Repayment Agreements.

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If the new rent is a reduction and any delay is beyond the control of the family, the reduction will be effective thirty (30) days after the interim reexamination should have been completed.

If the new rent is a reduction and the family caused the delay or did not report the change in a timely manner, the change will be effective the first of the month after the rent amount is determined.

19.0 MOVES WITH CONTINUED ASSISTANCE Participating families in the Voucher program are allowed to move to another unit with continued assistance. RAP will issue the family a new voucher if the family follows the program’s move procedures, has not violated a Family Obligation, does not owe RAP or any other Housing Authority money, and if RAP has sufficient funding for continued assistance. This policy is intended to be consistent with all civil rights laws and regulations.

19.1 WHEN A FAMILY MAY OR MAY NOT MOVE

RAP will allow the family to move to a new unit if:

A. The assisted lease for the old unit has terminated;

B. The owner has commenced an action to evict the tenant, or has obtained a court judgment or other process allowing the owner to evict the tenant;

C. The family has given notice of lease termination at the lease anniversary date;

D. The family and the owner have mutually agreed to terminate the lease with cause prior to the lease anniversary date with RAP approval; or

E. The family or a member of the family is or has been the victim of domestic

violence, dating violence, sexual assault or stalking, as provided in 24 CFR part 5, subpart L, and the move is needed to protect the health or safety of the family or family member. RAP will not terminate assistance if the family, with or without prior notification to the housing authority, already moved out of a unit in violation of the lease, if such move occurred to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the dwelling unit.

F. For families already participating in the Housing Choice Voucher Program,

RAP will not allow the family to move to a new unit if:

1. The family in not income eligible in the receiving agency’s jurisdiction; or

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2. The family has moved out of their unit in violation of the lease, unless the

reason for the move is to protect a victim of VAWA who is otherwise in full compliance with all other program requirements and is believed to be in imminent danger from the abuser.

G. For families already participating in the Housing Choice Voucher Program

RAP may deny a family’s request to move to a new unit if:

1. The family violates any family obligations under the program;

2. Any member of the family has been evicted from federally assisted housing in the last five years;

3. A PHA has ever terminated assistance under the program for any member

of the family;

4. Any member of the family has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal Housing program;

5. The family currently owes rent or other amounts to RAP or to another

PHA in connection with Section 8 or public housing assistance under the 1937 Act;

6. The family has not reimbursed any PHA for amounts paid to an owner

under a HAP contract for rent, damages to the unit or other amounts owed by the family under the lease;

7. The family breaches an agreement with the PHA to pay amounts owed to a PHA or an owner by a PHA. (The PHA, at its discretion, may offer a family the opportunity to enter into an agreement to pay amounts owed to a PHA or amounts paid to an owner by a PHA. The PHA may prescribe the terms of the agreement.)

8. If a family participating in the FSS program fails to comply, without good cause, with the family’s FSS contract of participation;

9. The family has engaged in or threatened abusive or violent behavior

toward RAP personnel;

10. A welfare-to-work (WTW) family fails, willfully and persistently, to fulfill its obligations under the WTW voucher program;

11. The Family has been engaged in criminal activity or alcohol abuse;

12. The family does not comply with RAP’s policy on the timing of moves;

13. The family is not eligible for portability due to being a non-resident

when

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admitted to the program; or

14. If RAP has insufficient funding for continued assistance to the family.

a. A voucher cannot be rescinded if RAP has approved a move, subsequently finds out a funding shortfall will occur and the family cannot remain in its old unit (e.g. the unit has already been leased to another family).

b. Under portability, an initial housing authority cannot terminate a portability unit because it is not a party to the HAP contract.

19.2 PROCEDURES REGARDING FAMILY MOVES

A. Request to Move

When the move is at the request of the family, the family must submit a written request to move to RAP in order to initiate the move process.

B. Proper Notice

Families are required to give proper written notice of their intent to terminate the lease. In accordance with HUD regulations, no notice requirement may exceed sixty (60) days. C. Eviction

Families are required to give RAP a copy of any owner lease termination notice (e.g., writ, notice to vacate, etc.) upon receipt in order to move with continued assistance. A family’s failure to promptly provide a copy to RAP may be considered a violation of Family Obligations and may cause the family to be terminated from the program. In addition, RAP may scrutinize the grounds for the termination of tenancy/eviction and review the family’s continued eligibility for the program which could result in the termination of assistance for the family.

D. Moving at Lease Anniversary

Families may terminate the lease at the lease anniversary date without cause and without the mutual agreement of the owner and RAP approval. The family is required to give notice to the owner and RAP sixty (60) days prior to the lease anniversary date. The family is required to give RAP a copy of the notice to terminate the lease at the same time as it gives the notice to the landlord. A family’s failure to provide a copy of the lease termination notice to RAP will be considered a violation of Family Obligations and may cause the family to be terminated from the program.

A family who gives notice to terminate the lease must mail the notice by

certified mail or have the landlord or his agent sign a statement stating the date and

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time received. The family will be required to provide the certified mail receipt and

a copy of the lease termination notice to RAP, or a copy of the lease

termination notice and the signed statement stating the date and time the notice was received. If the landlord or his/her agent does not accept the certified mail receipt, the family will be required to provide the receipt and envelope

showing that the attempt was made.

E. Moving Prior to Lease Anniversary

During the term of the lease, a family may not end the lease unless it and the owner mutually agree to end the lease with cause and RAP approves. RAP may approve the move only if the family is requesting portability outside of RAP jurisdiction or desires to move to another unit within HACM jurisdiction due to a severe hardship. RAP may require the family to provide third party documentation to verify a severe hardship situation. If the family moves from the unit before the term of the lease ends without the owner’s and RAP approval, it will be considered a serious lease violation and will subject the family to termination from the program.

Moves without the owner’s and RAP approval will have their continued eligibility questioned and have the right to request and attend a Pre-Termination hearing. If a Pre-Termination hearing is requested, the family will be scheduled the hearing and a Recertification Conditional Move Interview Appointment. Failure to attend the Conditional Move Appointment and/or the Pre-Termination hearing, will result in termination from the program.

If the family completes the Conditional Move Appointment and the results of the hearing are still pending, RAP will issue a Conditional Voucher and give the family a Conditional Request for Tenancy Approval. The Hearing Officer’s decision will determine whether the client is allowed to continue the in the program or whether the termination is upheld.

F. Reexamination to Move

All families who are moving must complete a reexamination to move and be re-determined eligible for program benefits in order to receive a new voucher.

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Failure to follow the above procedures may subject the family to the denial of assistance to move/termination from the program.

20.0 PORTABILITY 20.1 GENERAL POLICIES OF RAP

A family whose head or spouse has a domicile (legal residence) in the jurisdiction of RAP at the time the family first submits its application for participation in the program to RAP may lease a unit anywhere in the jurisdiction of RAP or outside RAP jurisdiction as long as there is another entity operating a tenant-based Section 8 program covering the location of the proposed unit.

If the head or spouse of the assisted family does not have a legal residence in the jurisdiction of RAP at the time of its application, the family will not have any right to lease a unit outside of RAP jurisdiction for a 12-month period beginning when the family is first admitted to the program. During this period, the family may only lease a unit located in the jurisdiction of RAP. This does not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault or stalking and the move is needed to protect the health or safety of the family or family member.

If a family requests portability, the family may only move to a jurisdiction where a Housing Choice Voucher program is being administered. If more than one housing authority operates a Housing Choice Voucher Program in the jurisdiction where the participant is moving, the participant may choose which housing authority the participant wants to administer the voucher.

If a family chooses to port to another housing authority’s jurisdiction, the Initial Housing

Authority shall inform the family that it may be re-screened by the Receiving Housing

Authority and may lose its assistance if the family fails to meet the Receiving Housing

Authority’s screening criteria.

For income targeting purposes, the family will count towards the Initial Housing Authority’s goals unless the Receiving Housing Authority absorbs the family. If absorbed, the admission will count towards the Receiving Housing Authority’s goals.

RAP will manage the tenant-based Section 8 program in a manner that ensures that RAP has the financial ability to provide assistance for families that move out of RAP jurisdiction under the portability procedures that have not been absorbed by the Receiving Housing Authority as well as for families that remain in RAP jurisdiction. If a family requests portability and after the HAP contract has been terminated the family changes their mind, the family must make a written request to either remain in RAP jurisdiction or to redirect their portability request to another jurisdiction.

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If a family has moved out of their assisted unit in violation of the lease, RAP will not issue a voucher and will terminate assistance in compliance with Section 23.0, Termination of the Lease and Contract. If the family fails to follow the program’s portability/move procedures, the family may be denied assistance to move and/or terminated from the program. The family may receive a voucher and move in violation of the lease under the portability procedures if the family has complied with all other obligations of the voucher program and has moved out of the assisted dwelling unit in order to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence, sexual assault or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted dwelling unit. In order to receive a voucher to move in this way, the participant shall provide RAP with appropriate verification. Types of acceptable verifications are outlined in Section 23.2 of this Section 8 Administrative Plan, and must be submitted within 14 business days after receipt of the Housing Authority’s written request for verification. To the degree possible, portability moves will be utilized to affirmatively further fair housing.

20.2 INCOME ELIGIBILITY

A. A family must be income-eligible in the area where the family first leases a unit with assistance in the Voucher Program.

B. If a portable family is already a participant in the Initial Housing Authority’s

Voucher Program, income eligibility may be re-determined.

20.3 PORTABILITY: ADMINISTRATION BY RECEIVING HOUSING AUTHORITY

A. When a family utilizes portability to move to an area outside the Initial

Housing Authority jurisdiction, another Housing Authority (the Receiving Housing Authority) must administer assistance for the family if that Housing Authority has a tenant-based program covering the area where the unit is located.

B. A Housing Authority with jurisdiction in the area where the family wants to

lease a unit must issue the family a voucher. If there is more than one such housing authority, the family may choose which housing authority shall become the Receiving Housing Authority. The Initial Housing Authority shall provide the family with the appropriate contact information for the Receiving Housing Authority.

20.4 PORTABILITY PROCEDURES

A. When RAP is the Initial Housing Authority:

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1. RAP will inform the family of the portability process when the family

requests to exercise portability. 2. RAP will determine whether the family is income-eligible in the area

where the family wants to lease a unit (if applicable) and likewise eligible to move.

3. RAP will advise the family how to contact and request assistance

from the Receiving Housing Authority by providing them with the name, email and telephone number of the person responsible for working with incoming portability families and any procedures related to getting an appointment for the issuance of a voucher. If there are more than one agency administering vouchers in the area the family wants to move to, the family shall choose which one to use.

4. RAP will promptly notify the Receiving Housing Authority by email

to expect the family.

5. RAP will immediately mail, fax or email to the Receiving Housing Authority the most recent HUD Form 52665 (Family Report) for the family, and related verification information.

B. When RAP is the Receiving Housing Authority:

1. When the portable family requests assistance from RAP, RAP will

promptly inform the Initial Housing Authority whether it will bill the Initial Housing

Authority for assistance on behalf of the portable family, or absorb the family into its own program. When RAP receives a portable family, the family will be absorbed if funds are available and a voucher will be issued. The decision to absorb, or not, will be communicated in writing to the initial housing authority as soon as possible. A decision to absorb is irreversible without the permission of the initial housing authority.

1. 2. RAP will conduct criminal background checks on all adult

household members of the portable family. If the family has lived outside the local area, the incoming family will be asked to provide a background check from their jurisdiction or RAP may contact law enforcement agencies where the individual had lived or request a check through the FBI’s National Crime Information Center (NCIC).

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3. RAP will determine the family voucher size for the portable family. The family voucher size is determined in accordance with RAP occupancy standards.

4. RAP will brief the portable family. The family will be required to

attend an applicant briefing.

5. RAP will issue a voucher to the family. The term of the voucher will

not expire before 30 calendar days after the expiration date of any Initial Housing Authority’s voucher. RAP will determine whether to extend the voucher term. The family must submit a request for tenancy approval to RAP during the term of the voucher issued by RAP.

6. RAP will promptly notify the Initial Housing Authority if the family

has leased an eligible unit under the program, or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the voucher.

7. If RAP opts to conduct a new reexamination, RAP will not delay

issuing the family a voucher or otherwise delay approval of a unit unless the re-certification is necessary to determine income eligibility.

8. In order to provide tenant-based assistance for portable families, RAP

will perform all program functions, such as reexaminations of family income and composition. At any time, either the Initial Housing Authority or RAP may make a determination to deny or terminate assistance to the family in accordance with 24 CFR § 982.552.

9. The family will be required to reside in RAP’s jurisdiction for one (1)

year before the family will be eligible to exercise portability.

10. RAP may deny or terminate assistance for family action or inaction in accordance with 24 CFR § 982.552 and 24 CFR § 982.553.

11. As the receiving housing authority, RAP will accept all eligible

portability families, with limited exceptions. If an exception is utilized, RAP will seek prior written approval from HUD.

12. If a family is denied admission to the program, the participant is

entitled to request an informal hearing.

13. If the family decides not to lease in RAP’s jurisdiction, it shall be referred back to the Initial Housing Authority.

14. Although RAP will promptly issue a voucher to an incoming

portability family, it will still subject the families to its normal screening procedures. If the family fails to pass the screening thresholds either the voucher will be revoked or the family will be

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terminated from the program if a unit has already been leased.

C. Absorption by RAP:

1. If funding is available under the consolidated ACC for RAP’s Voucher Program when the portable family is received, RAP will absorb the family into its Voucher Program. After absorption, the family is assisted with funds available under the consolidated ACC for RAP’s Tenant-Based Program.

D. Portability Billing:

1. To cover assistance for a portable family, the Receiving Housing Authority may bill the Initial Housing Authority for housing assistance payments and administrative fees. The billing procedure will be as follows:

a. As the Initial Housing Authority, RAP will promptly

reimburse the Receiving Housing Authority for the full amount of the housing assistance payments made by the Receiving Housing Authority for the portable family. The amount of the housing assistance payment for a portable family in the Receiving Housing Authority’s program is determined in the same manner as for other families in the Receiving Housing Authority’s program.

b. The Initial Housing Authority will promptly reimburse the

Receiving Housing Authority for 80% of its Column B pro-rated administrative fee, 100% of the Initial Housing Authority’s normal Column B on-going administrative fee for each unit month that the family receives assistance under the tenant-based programs and is assisted by the Receiving Housing Authority. If both Housing Authorities agree, they may negotiate a different amount of reimbursement.

E. When a Portable Family Moves:

When a portable family moves out of the tenant-based program of a Receiving Housing Authority that has not absorbed the family, the Housing Authority in the new jurisdiction to which the family moves becomes the Receiving Housing Authority, and the first Receiving Housing Authority is no longer required to provide assistance for the family.

F. Ongoing Responsibilities as a Receiving Housing Authority

When RAP is a receiving agency it will: 1. Send the Initial Housing Authority an updated HUD Form 50058 at

each annual recertification so the Initial Housing Authority can reconcile it with its records.

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2. Promptly send the Initial Housing Authority a copy of any new HUD

Forms 52665s and 50058s to report any change in the billing amount. If the Receiving Housing Authority fails to update the 50058 on time, the Initial Housing Authority will continue payments based on the last 50058 received.

3. If the RAP decides to absorb a family it had previously been billing for, it shall promptly notify the Initial Housing Authority following the effective date of the termination of the billing arrangement.

4. If the family decides it wants to move to yet another jurisdiction, the Initial

Housing Authority shall be promptly notified and requested to send a new HUD Form 52665 and supporting documentation to the new Receiving Housing Authority.

5. Any special purpose vouchers shall retain their original character and rules.

21.0 REASONS FOR DENIAL AND/OR TERMINATION OF

ASSISTANCE TO THE FAMILY

RAP may at any time deny or terminate program assistance for an applicant or a participant because of any of the following actions or inactions:

A. If the family violates any family obligations under the program; B. If a family member fails to sign and submit consent forms; C. If a family fails to establish citizenship or eligible immigrant status and is not

eligible for or does not elect continuation of assistance, pro-ration of assistance, or temporary deferral of assistance. If RAP determines that a family member has knowingly permitted an ineligible non-citizen (other than any ineligible non-citizens listed on the lease) to permanently reside in their Section 8 unit, the family’s assistance will be terminated. Such family will not be eligible to be readmitted to Section 8 for a period of twenty-four (24) months from the date of termination;

D. If the family was evicted from housing assisted under the Section 8 program

for serious violations of the lease; E. Have a household member who is currently engaging in illegal use of a drug; F. Have a household member whose illegal drug use or pattern of illegal drug

use interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;

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G. Have a household member who has ever been convicted of drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing;

H. Have a household member who is subject to a lifetime registration

requirement under a State sex offender registration program; I. If a family member commits drug-related or violent criminal activity;

J. Have a household member whose abuse (or pattern of abuse) of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents;

K. Have a household member who is a fugitive felon, parole violator or person

fleeing to avoid prosecution or custody or confinement after conviction for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees;

L. Have a family member who has committed fraud, bribery or any other

corrupt or criminal act in connection with any Federal housing program; M. Currently owes rent or other amounts to RAP or to another Housing

Authority in connection with Section 8 or public housing assistance under the 1937 Act;

N. Applicant or participant has not reimbursed any Housing Authority for

amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease;

O. Applicant or participant has breached an agreement with RAP to pay

amounts owed to a Housing Authority or amounts paid to an owner by a Housing Authority;

P. Applicant or participant has engaged in or threatened abusive or violent

behavior towards RAP staff personnel;

Q. Applicant does not meet any one of the eligibility criteria; R. Applicant does not supply information or documentation required by the

application process; S. Applicant fails to respond to a written request for information or a request to

declare their continued interest in the program or reactivate a withdrawn application within a three year period;

T. Applicant fails to complete any aspect of the application or lease-up process; U. Applicant, including any member of the family, was evicted from federally

assisted housing within the past three years because of drug-related criminal activity. The three year limit is based on the date of such eviction, not the

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date the crime was committed; V. Applicant, including any member of the family, is currently engaged in (the

person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is current) or has engaged during the last five years before the projected date of admission in any of the following:

1. Drug-related criminal activity;

2. Violent criminal activity;

3. Other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity; or

4. Other criminal activity which may threaten the health or safety of the

owner, property management staff, or person performing a contract administration function or responsibility on behalf of RAP (including a RAP employee or a RAP contractor, subcontractor or agent).

W. Criminal activity directly relating to domestic violence, dating violence,

sexual assault or stalking engaged in by a member of the tenant’s household or any guest or other person under the tenant’s control shall not be the cause for termination of tenancy 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, sexual assault or stalking. Nothing limits the RAP from terminating assistance or evicting for other good cause unrelated to the incident or incidents of domestic violence, provided that the victim is not subject to a “more demanding standard” than non-victims. Nothing prohibits the termination of assistance or eviction if the RAP or landlord can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted. Any other federal, state, or local laws that provide greater protections to victims of domestic violence, dating violence, sexual assault or stalking are not superseded by these provisions.

For purposes of this section, the RAP may terminate assistance for criminal activity by a household member as authorized in this section if the RAP determines, based on a preponderance of the evidence, that the household member has engaged in the activity, regardless of whether the household member has been arrested or convicted of such activity. An arrest record, alone, will not serve as sufficient evidence of criminal activity that can support a termination decision. Before the RAP terminates the assistance of an individual or household on the basis of criminal activity by a household member or guest, it will determine that the relevant individual actually engaged in such activity. An arrest record can trigger an inquiry into whether there is sufficient evidence to determine that a person engaged in disqualifying criminal activity, but is not itself

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evidence on which to base a determination. The RAP can utilize other evidence, such as police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for determining that the disqualifying conduct in fact occurred.

21.1 APPLICANT DENIAL OF ASSISTANCE

If RAP determines that an applicant does not meet the criteria for receiving Section 8 assistance or violates any program rules, RAP will promptly provide the applicant with written notice of the determination. The notice will contain a brief statement of the reason for the decision, and state that the applicant may request an informal review of the decision within ten (10) business days of the denial. The request for an informal review must be postmarked by the 10th business day. RAP will describe how to obtain the informal review. If RAP denies admission on the basis of a criminal record, RAP will provide the person with the criminal record (i.e., the family member) and the applicant head of household with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record, in the procedures for the informal review/hearing. The fact that an applicant is or has been a victim of domestic violence, dating violence, sexual assault or stalking is not an appropriate basis for denial of program assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission. RAP will require verification in all cases where an applicant claims protection against an action proposed to be taken by RAP involving such individual. Types of acceptable verifications are outlined in Section 23.2 of this Section 8 Administrative Plan, and must be submitted within 14 business days after receipt of RAP’s written request for verification.

21.2 PARTICIPANT TERMINATION OR DENIAL OF ASSISTANCE TO MOVE

If RAP determines that a participant has violated any family obligations, program rules or requirements and should have continuing eligibility questioned, program assistance denied, and/or termination from the program, RAP will give the family prompt written notice of the reason(s) for the decision. The notice will state that if the family does not agree with the decision, the family may request an informal hearing within ten (10) business days of the notification. The request for the informal hearing must be postmarked by the 10th business day. RAP will describe how to obtain the informal hearing. If the participant family is under an outstanding or effective HAP contract, RAP will question the family’s continued eligibility for the program and give the family an opportunity for an informal hearing before RAP terminates housing assistance payments for the family.

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If RAP determines continuing eligibility or program assistance should be denied, RAP may or may not also terminate the participant from the program. The nature and severity of the participant violation of program rules will determine if the participant is also to be terminated. RAP may terminate assistance for criminal activity by a household member as authorized in Section 21.0, if RAP determines, based on a preponderance of the evidence, that the household member has been arrested or convicted of such activity. An arrest record, alone, will not serve as sufficient evidence of criminal activity that can support a termination decision. Before RAP terminates the assistance of an individual or household on the basis of criminal activity by a household member or guest, it will determine that the relevant individual actually engaged in such activity. An arrest record can trigger an inquiry into whether there is sufficient evidence to determine that a person engaged in disqualifying criminal activity, but is not itself evidence on which to base a determination. RAP can utilize other evidence, such as police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for determining that the disqualifying conduct in fact occurred. If RAP proposes to terminate assistance for criminal activity as shown by a criminal record, RAP will notify the family of the proposed action and will provide the person with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record, in accordance with the procedures established for the informal review/hearing process. An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not be good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence. The RAP may terminate the assistance to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family members or others without terminating the assistance or evicting victimized lawful occupants. The RAP shall honor court orders regarding the rights of access or control of the property and other orders issued to protect the victim and issued to address the distribution or possession of property among household members where the family “breaks up.” There is no limitation on the ability of the RAP to terminate assistance for other good cause unrelated to the incident or incidents of domestic violence, dating violence sexual assault or stalking, other than the victim may not be subject to a “more demanding standard” than non-victims.

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There is no prohibition on the RAP terminating assistance if it “can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant’s (victim’s) assistance is not terminated.” Any protections provided by law which give greater protection to the victim are not superseded by these provisions. The RAP may require certification by the victim of victim status on such forms as the RAP and/or HUD shall prescribe or approve. The RAP will terminate assistance and/or the landlord may “bifurcate” (split) the lease to terminate or otherwise remove a household member from the lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of violence as described above to family members or others without terminating the assistance/evicting the victimized lawful occupants. The RAP and/or the landlord will honor court orders regarding rights of access or control of the property.

21.3 CERTIFICATION

If a tenant claims they are a victim of domestic violence, dating violence, sexual assault or stalking, the RAP and/or landlord may request that the tenant certify via an approved certification form (available at the Rent Assistance Office), that the individual is a victim of domestic violence, dating violence, sexual assault or stalking. If the RAP and/or landlord require a certification, they shall inform the tenant of the date the response must be returned, which shall not be less than 14 business days from the day the certification is requested. The tenant may comply with the certification requirements by providing documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of the abuse, in which the professional attests under penalty of perjury (28 USC 1746) to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence, dating violence, sexual assault or stalking has signed or attested to the documentation or the tenant may product a Federal, State, tribal, territorial, or local police or court record.

22.0 COMPLAINTS, INFORMAL REVIEWS, INFORMAL

HEARINGS

22.1 COMPLAINTS

RAP will investigate and respond to complaints by participant families, owners, and the general public. RAP may require that complaints other than HQS violations be put in writing. Anonymous complaints are investigated whenever possible.

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22.2 INFORMAL REVIEWS FOR APPLICANTS

A. Informal Review for the Applicant: RAP will give an applicant for participation in the program an opportunity for an informal review of RAP decision denying assistance to the applicant. RAP will notify the applicant of RAP’s decision. The notice will contain a brief statement of the reason(s) for the decision. The notice will state that the applicant may request an informal review within ten (10) business days of the notification and will describe how to obtain the informal review. The request must be postmarked by the 10th business day after the date of the notice.

B. When an Informal Review is not Required:

RAP will not provide the applicant an opportunity for an informal review for any of the following reasons:

1. A determination of the family voucher size under RAP occupancy

standards.

2. A determination not to approve an extension or suspension of a voucher term.

3. A determination not to grant approval to lease a unit under the

program or to approve a proposed lease.

4. A determination that a unit selected by the applicant is not in compliance with HQS.

5. A determination that the unit is not in accordance with HQS because

of family size or composition.

6. General policy issues or class grievances.

7. Discretionary administrative determinations by RAP.

22.3 INFORMAL HEARINGS FOR PARTICIPANTS

A. When an Informal Hearing for the Participant is Required:

RAP will give a participant family an opportunity for an informal hearing to consider whether the following RAP decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations, and RAP policies:

1. A determination of the family’s annual or adjusted income, and the

use of such income to compute the housing assistance payment.

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2. A determination of the appropriate utility allowance (if any) for tenant-paid utilities from RAP utility allowance schedule.

3. A determination of the family voucher size under RAP occupancy

standards. 4. A determination to deny the family’s request for an exception to the

normal occupancy standards. 5. Denial of a hardship exemption to the minimum rent requirement.

6. A determination to terminate assistance for a participant family because of the family’s action or failure to act.

7. A determination to terminate assistance because the participant

family has been absent from the assisted unit for longer than the maximum period permitted under RAP policy and HUD rules.

RAP will notify the participant family of RAP’s determination and the reason

(s) for the decision. The notice will state that if the family does not agree with the determination, the family may request an informal hearing within ten (10) business days of the notification. The request must be postmarked by the 10th business day.

In cases described in paragraphs 22.3(A)1)(2), (3), (4) and (5) of this Section,

RAP will notify the family of RAP’s determination. The notice will state that the family may ask for an explanation of the basis of RAP’s determination and that if the family does not agree with the determination, the family may request an informal hearing.

In cases described in paragraphs 22.3(A)(5)(6) and (7) of this Section, if a

participant is under an outstanding or effective HAP contract, RAP will give the family the opportunity for an informal hearing before RAP terminates housing assistance payments for the family.

B. When an Informal Hearing is not Required:

RAP will not provide a participant family an opportunity for an informal hearing for any of the following reasons:

1. Discretionary administrative determinations by RAP.

2. General policy issues or class grievances.

3. Establishment of RAP schedule of utility allowances for families in

the program.

4. A determination not to approve an extension or suspension of a voucher term.

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5. A determination not to approve a unit or lease.

6. A determination that an assisted unit is not in compliance with HQS. (However, RAP will provide the opportunity for an informal hearing for a decision to terminate assistance for a breach of the HQS caused by the family.)

7. A determination that the unit is not in accordance with HQS because of

the family size.

8. A determination by RAP to exercise or not exercise any right or remedy against the owner under a HAP contract.

22.4 INFORMAL REVIEW/HEARING PROCEDURES

A. RAP and applicants/participants will adhere to the following procedures:

1. Notification of scheduled Informal Review/Hearing

If the family submits a written request for an informal review/hearing within ten (10) business days, RAP will send a notice to the family advising them of the scheduled informal review/hearing and the informal review/hearing procedures.

2. Informal Review/Hearing Officer

a. The informal review/hearing will be conducted by any person or persons designated by the Housing Authority other than the person who made or approved the decision under review or a subordinate of this person.

b. The person who conducts the informal review/hearing will

regulate the conduct of the informal review/hearing.

3. Representation of the Family

At its own expense, a lawyer or other representative may represent the family.

4. Discovery

a. The family will be given the opportunity to examine before

the informal review/hearing any RAP document(s) that are directly relevant to the informal review/hearing. The family will be allowed to copy any such document at the family’s expense. If RAP does not make the document(s) available for examination on request of the family, RAP may not rely on the document(s) at the informal review/hearing.

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b. RAP may request the opportunity to examine, at RAP’s office before the informal review/hearing any family document(s) that are directly relevant to the informal review/hearing. RAP will be allowed to copy such document at RAP’s expense. If the family does not make the document(s) available for examination on request of RAP, the family may not rely on the document(s) at the informal review/hearing.

Note: The term document includes records and regulations. 5. Evidence

RAP and the family will have the opportunity to present evidence and may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.

6. Considering Circumstances

a. The informal review/hearing officer may take into consideration mitigating circumstances such as a physical impairment or mental impairment of the head of household, a property fire, imminent or actual physical danger to any member of the family’s household, a property sale or a property foreclosure and other individual circumstances which would show that the applicant /participant was not at fault

b. In deciding whether to terminate assistance because of action

or inaction by members of the family, the informal review/hearing officer may consider all of the circumstances in each case, including the seriousness of the case, the extent of participation or culpability of individual family members, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure.

c. The informal review/hearing officer may impose, as a

condition of continued assistance for other family members, a requirement that family members who participated in or were culpable for the action or failure will not reside in the unit. The informal review/hearing officer may allow the other members of the family to continue receiving assistance.

d. If RAP seeks to terminate assistance because of illegal use, or

possession for personal use of a controlled substance, or pattern of abuse of alcohol, such use or possession or pattern of abuse must have occurred within one year before the date that RAP provides notice to the family of the determination to deny or terminate assistance. In determining whether to terminate assistance for these reasons the informal

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review/hearing officer will consider evidence of whether the household member:

i. Has successfully completed a supervised drug or

alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol;

ii. Has otherwise been rehabilitated successfully and is no

longer engaging in the illegal use of a controlled substance or abuse of alcohol; or

iii. Is participating in a supervised drug or alcohol

rehabilitation program and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol.

7. Issuance of Decision

The person who conducts the hearing must issue a written decision within thirty (30) calendar days from the date of the hearing or any deadline date given to the applicant/participant by the hearing officer. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. The written decision shall state that either party may request a judicial review of the decision by filing a certiorari action, pursuant to Wis. Stat. § 801.02. An action seeking judicial review must be filed within thirty (30) days of the decision.

B. Informal Review/Hearing Procedures for Denial of Assistance on the Basis of

Ineligible Immigration Status

The applicant/participant family may request that RAP provide for an informal review/hearing after the family has notification of the INS decision on appeal or, in lieu of, requests an appeal to the INS. This request must be made by the applicant/participant family within 30 days of receipt of the Notice of Denial or Termination of Assistance, or within 30 days of receipt of the INS appeal decision.

For the applicant/participant families, the Informal Review/Hearing Procedures above will be utilized with the exception that the applicant/participant family will have up to 30 days of receipt of the Notice of Denial or Termination Assistance, or of the INS appeal decision.

23.0 TERMINATION OF THE LEASE AND CONTRACT

The term of the lease and the term of the HAP contract are the same. They begin on the same date and they end on the same date. The lease may be terminated by the owner, by the tenant, or by the mutual agreement of both. The owner may only

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terminate the contract by terminating the lease. The HAP contract may be terminated by RAP. Under some circumstances the contract automatically terminates.

A. Termination of the Lease

1. By the family:

The family may terminate the lease without cause upon proper notice to the owner and to RAP at the lease anniversary date. The length of the notice that is required is stated in the lease (generally 60 days).

2. By the owner:

a. The owner may terminate the lease during its term on the

following grounds: i. Serious or repeated violations of the terms or

conditions of the lease;

ii. Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the unit and its premises;

iii. Criminal activity or alcohol abuse by the household, a

guest, or another person under the control of the household that threatens the health, safety, or right to peaceful enjoyment of the premises by other persons residing on the premises or in the immediate vicinity of the premises;

iv. Any drug-related or violent criminal activity engaged

in on or near the premises by any resident, household member, or guest, or such activity engaged in on the premises by any other person under the tenant’s control;

v. When the owner determines that a household member is illegally using a drug or when the owner determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

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vi. If any member of the household is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or violating a condition of probation or parole imposed under Federal or State law.

vii. If any member of the household is violating a

condition of probation or parole imposed under Federal or State law;

viii. Other good cause. Other good cause may include, but

is not limited to:

(1) Failure by the family to accept the offer of a new lease;

(2) Family history of disturbances of neighbors or

destruction of property, or living or housekeeping

habits resulting in damage to the property or unit;

(3) The owner’s desire to utilize the unit for

personal or family use or for a purpose other than use as a

residential rental unit;

(4) A business or economic reason such as sale of the property, renovation of the unit, desire to rent at a

higher rental amount.

The owner may terminate tenancy and evict by judicial action a family for criminal activity by a covered person in accordance with this section if the owner determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction. An arrest record, alone, will not serve as sufficient evidence of criminal activity that can support an eviction decision. Before an owner denies admission to or evicts an individual or household on the basis of criminal activity by a household member or guest, it will determine that the relevant individual actually engaged in such activity.

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An arrest record can trigger an inquiry into whether there is sufficient evidence to determine that a person engaged in disqualifying criminal activity, but is not itself evidence on which to base a determination. An owner can utilize other evidence, such as police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for determining that the disqualifying conduct in fact occurred.

b. During the first year the owner may not terminate tenancy for

other good cause unless the reason is because of something the household did or failed to do.

c. The owner may only evict the participant by instituting court

action after or simultaneously providing written notice to the participant specifying the grounds for termination. The owner must give RAP a copy of any owner eviction notice to the participant at the same time that the owner gives the notice to the participant.

d. The owner may terminate the contract at the end of the initial

lease term or any extension of the lease term without cause by providing notice to the family that the lease term will not be renewed.

3. By mutual agreement:

The family may terminate the lease with cause with the mutual agreement of the owner and RAP approval during the term of the lease.

B. Termination of the Contract

1. Automatic termination of the contract:

a. If RAP terminates assistance to the family, the contract

terminates automatically.

b. If the family moves out of the unit, the contract terminates automatically.

c. 180 calendar days after the last housing assistance payment to

the owner. 2. Termination of the contract by the owner

The owner may only terminate the tenancy in accordance with the

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lease and State and local law.

3. Termination of the HAP contract by RAP

RAP may terminate the HAP contract because: a. RAP has terminated assistance to the family.

b. The unit does not meet HQS space standards because of an

increase in family size or change in family composition.

c. When the family breaks up and RAP determines that the family

members who move from the unit will continue to receive the assistance.

d. RAP determines that there is insufficient funding in their

contract with HUD to support continued assistance for families in the program. Families terminated for this reason will be selected based on the most recent RAP admit date, i.e. “last on, first off.” This will also include portability cases. Elderly, disabled, and Home Ownership Program families will be excluded from the termination process. Should funding become available at a later date, the family will be placed back on the waiting list. Families terminated for funding reasons shall be given priority on the waiting list.

e. The owner has breached the contract in any of the following ways:

i. If the owner has violated any obligation under the

HAP contract for the dwelling unit, including the owner’s obligation to maintain the unit in accordance with the HQS.

ii. If the owner has violated any obligation under any

other housing assistance payments contract under Section 8 of the 1937 Act.

iii. If the owner has committed fraud, bribery or any other

corrupt or criminal act in connection with any Federal housing program.

iv. For projects with mortgages insured by HUD or loans

made by HUD, if the owner has failed to comply with the regulations for the applicable mortgage insurance

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or loan program, with the mortgage or mortgage note, or with the regulatory agreement.

v. If the owner has engaged in drug-related criminal

activity or any violent criminal activity.

4. Final HAP payment to owner

The HAP payment stops when the lease terminates. The owner may keep the payment for the month in which the family moves out. If the owner has begun eviction proceedings and the family continues to occupy the unit, RAP will continue to make payments until the owner obtains a judgment or the family moves out.

23.1 VAWA PROTECTIONS Under the Violence Against Women Act (VAWA, notwithstanding the title of the statute, protections are not limited to women, but cover victims regardless of sex, gender identity, or sexual orientation), Housing Choice Voucher participants have the following specific protections, which will be observed by RAP: A. An incident or incidents or actual or threatened domestic violence, dating

violence, sexual assault or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not in itself be good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence by either RAP or the owner or property manager.

B. An applicant for assistance or a tenant/participant receiving assistance under a covered housing provider may not be denied admission to, denied assistance under, terminated from participation in, or evicted from housing on the basis or as a direct result of the fact that the applicant or tenant/participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.

C. RAP shall provide each applicant and participant a HUD prescribed Notice of Occupancy Rights and Certification form. It shall also be provided with any notice of eviction. In addition, RAP shall make an adopted Emergency Transfer Plan and Emergency Transfer Request available upon request.

D. RAP shall keep a record of all emergency transfer requests requested under

the Emergency Transfer Plan and the outcome of these requests for three years.

E. RAP may terminate the assistance to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence, dating violence,

sexual assault or stalking to family members or others without terminating the

assistance or evicting victimized lawful occupants. Also, the owner or property

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manager may evict a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family members or others affiliated individuals without evicting other victimized lawful occupants. This is also true even if the household member or affiliated individual is not a signatory to the lease. Under VAWA, both RAP and the owner or property manager are granted the authority to bifurcate the lease. The VAWA victim must be the one who retains the assistance. F. RAP and owner or property manager may honor court orders regarding the

rights of access or control of the property. G. There is no limitation on the ability of RAP to terminate assistance for other

good cause unrelated to the incident or incidents of domestic violence, dating violence, sexual assault or stalking, other than the victim may not be subject to a “more demanding standard” than non-victims. Likewise, an owner or property manager can evict for good cause unrelated to the incident or incidents of domestic violence, dating violence, sexual assault or stalking. This is provided that neither subjects such a tenant to a more demanding standard than other tenants in making the determination whether to evict, or to terminate assistance or occupancy rights.

H. There is no prohibition on the owner evicting if it “can demonstrate an actual

and imminent threat to other tenants or those employed at or providing goods or services to the property if that tenant’s (victim’s) tenancy is not terminated.” An actual and imminent threat consists of a physical danger that is real, would occur within an immediate timeframe, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.

I. Any protections provided by law which give greater protection to the victim

are not superseded by these provisions.

23.2 VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING RAP shall require and the owner or property manager may require verification in all cases where an individual claims protection under VAWA against an action involving such individual proposed to be taken by RAP. The request for verification shall take the form of a written request by RAP to the claimant. A. Requirement for Verification. The law allows, but does not require, RAP

or a Section 8 owner or property manager to verify that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking claimed by a tenant or other lawful occupant is bona fide and meets the requirements of the applicable definitions set forth in this policy. RAP shall require verification in all cases where an individual claims

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protection against an action involving such individual proposed to be taken by RAP. Section 8 owners or managers receiving rental assistance administered by RAP may elect to require verification, or not to require it as permitted under applicable law.

Verification of a claimed incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking may be accomplished in one of the following three ways:

1. HUD-approved form (HUD-50066) - By providing to RAP or to the

requesting Section 8 owner or property manager a written certification, on the form approved by the U.S. Department of Housing and Urban Development (HUD), that the individual is a victim of domestic violence, dating violence, sexual assault or stalking and that the incident or incidents in question are bona fide incidents of actual or threatened abuse meeting the requirements of the applicable definition(s) set forth in this policy. The incident or incidents in question must be described in reasonable detail as required in the HUD-approved form, and the completed certification must include the name of the perpetrator, only if the name of the perpetrator is safe to provide and is known to the victim and be certified truthful and signed by the victim.

2. Other documentation - By providing to RAP or to the requesting

Section 8 owner or property manager documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing the domestic violence, dating violence, sexual assault or stalking, or the effects of the abuse, described in such documentation. The professional providing the documentation must sign and attest under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse meeting the requirements of the applicable definition(s) set forth in this policy. The victim of the incident or incidents of domestic violence, dating violence, sexual assault or stalking described in the documentation must also sign and attest to the documentation under penalty of perjury.

3. Police or court record – by providing RAP or to the requesting

Section 8 owner or property manager a Federal, State, tribal, territorial, or local law enforcement or court record describing the incident or incidents in question.

B. Time allowed to provide verification/failure to provide. An individual

who claims protection against adverse action based on an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking, and who is requested by RAP, or a Section 8 owner or property manager to provide verification, must provide such verification within 14 business days after receipt of the written request for verification. Failure to provide verification, in proper form within such time will result in

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loss of protection under VAWA and this policy against a proposed adverse action. The submission of false information may be the basis for the termination of assistance or for eviction.

C. Managing conflicting documentation. In cases where the RAP receives

conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, RAP may determine which is the true victim by requiring third-party documentation as described in 24 CFR 5.2007 and in accordance with any HUD guidance as to how such determinations will be made. RAP shall honor any court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household.

23.3 CONFIDENTIALITY

All information provided under VAWA including the fact that an individual is a victim of domestic violence, dating violence, sexual assault or stalking, shall be retained in confidence and shall not be entered into any shared database or provided to any related entity except to the extent that the disclosure is:

A. Requested or consented to by the individual in writing; B. Required for used in an eviction proceeding; or C. Otherwise required by applicable law.

RAP shall provide its tenants notice of their rights under VAWA including their right to confidentiality and the limits thereof.

24.0 SPECIAL PROCESSING 24.1 NON-TRADITIONAL PLACEMENTS

RAP will make its best efforts to encourage families to seek housing in non-traditional areas. Non-traditional areas will be defined as areas that are not concentrated with RAP families. For this purpose, RAP will use program data of the number of HAP contracts per census tract to determine a non-traditional area placement. RAP will expedite the inspection/contracting process of units selected in non-traditional areas (e.g., immediate processing, next day inspection, a special check to owner, if necessary).

24.2 ZERO/MINIMUM RENT FAMILIES

RAP will monitor families in the program who have zero income or who are paying minimum rent. Depending on the family’s circumstances, RAP may review the

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family’s situation during the year as the program determines necessary. The family may be required to attend special meetings or complete special reexamination(s). RAP may refer the family to Community Services for employment assistance. Failure of the family to comply with program requirements and request (s) relative to employment efforts may jeopardize the family’ continued eligibility for the program.

24.3 TAX DELINQUENT OWNERS

RAP will monitor participating owners in the program that are delinquent in paying real estate taxes. RAP may review the City of Milwaukee Treasurer’s tax delinquent records on an annual basis and develop a list of participating owners who are tax delinquent. Depending on the circumstances and the amounts owed, RAP may terminate the HAP contract at the lease anniversary date and/or bar the owner from participation in the program until taxes are brought current.

24.4 THE EIV’s DECEASED TENANTS REPORT

RAP shall generate the EIV’s Deceased Tenants Report monthly shortly before disbursing HAP payments to owners to see if the system flags deceased residents. RAP shall review the report and follow up with any listed families immediately and take any necessary corrective action as set forth in PIH Notice 2010-50 or successor publications. If it is a single member household, notify the owner in writing of the deceased Head of Household and suspend HAP payments for any month following the month in which the death occurred. If the property is occupied by a live-in-aide to the deceased person, the assistance will end and the landlord and aide must decide on the future of the aide’s tenancy. If an owner received HAP for any month in which the owner was ineligible to receive HAP because of a deceased tenant, RAP will immediately notify the owner in writing of the ineligible HAP and require the owner to repay the overpayment within 30 days. If the owner does not comply, RAP will deduct the amount due to the Agency from any amounts due to the owner under any other HAP contract. If there is no other HAP contract with the owner, RAP may seek and obtain additional relief by judicial order or action in accordance with state and local laws.

25.0 REPAYMENT AGREEMENTS

If a participant family owes the program money (e.g., unreported income, program overpayment of rent) and cannot pay the amount owed in full, the participant may request that RAP enter into a repayment agreement with the family. At the discretion of the Section 8 Manager or Hearing Officer, RAP may enter into a written repayment agreement with the family. The repayment agreement shall not exceed a period of twelve (12) months.

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If the family fails to repay or breaches the repayment agreement, the family may be terminated from the program.

Participants are required to reimburse the Rent Assistance Program if their rent portion was less than required by HUD’s rent formula due to the participant’s underreporting or failure to report income. The participant is required to reimburse the Rent Assistance Program for the difference between the participant portion that should have been paid and the participant rent that was charged.

A. RAP has the sole discretion of whether to enter into a repayment agreement.

If RAP offers the opportunity to enter into an agreement and the participant refuses to enter into a repayment agreement the Rent Assistance Program must terminate the family’s participation. If the participant fails to follow the terms set by their repayment agreement, the Rent Assistance Program must terminate the family’s participation.

B. Participants may only have one opportunity to sign a repayment agreement.

If it is discovered that a participant fails to report income a second time, the program will automatically question their eligibility.

C. The monthly repayment amount plus the amount of rent the participant pays

at the time the repayment agreement is executed should not exceed 40 percent of the family’s monthly adjusted income. Maximum monthly payments will be determined based on the following threshold. The length of time given for repayment will be based on the amount owed. The sum of the monthly payments will be deducted from the total amount owed and the remaining balance will be the minimum initial lump sum payment.

12 months $0-$2,000

18 months $2,001-$3,000 24 months $3,001-$4,000 30 months $4,001-$5,000 36 months $5,001 + D. Lump sum payments will be due within sixty (60) days from the date of the

agreement and monthly payments will begin the next calendar month after the lump sum due date.

E. All monthly payments must be made by the last business day of every month.

F. Late and missed payments constitute default of this agreement and may result

in termination of further participation. However, if the participant pays the full amount owed to the program prior to the scheduled hearing date, their participation in the program may continue.

G. During the repayment period, the participant is still expected to pay the

agreed upon monthly repayment amount regardless of any change in household income. The program does however have the discretion to re-negotiate the terms of the agreement.

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H. In the event of termination, the program has the option to take further action

including forwarding the remaining balance owed to the Wisconsin Department of Revenue (DOR) for tax interception.

I. All Repayment Agreements must be in writing and signed by both parties.

26.0 WRITE-OFFS

At the discretion of the Section 8 Manager, RAP will request authorization from HACM’s governing board on an as needed basis to write-off accounts receivable for families that have been terminated from the program.

After write-off, these accounts will be referred to a collection agency for collection. Also, the names will be kept in RAP’s system and in order to participate in the future, the family will be required to reimburse the program.

27.0 PROJECT-BASED HOUSING VOUCHERS (PBV)

The Housing Authority of the City of Milwaukee (HACM) Rent Assistance Program (RAP) has determined that project-basing some Housing Vouchers (not to exceed 20% of the inventory) is in the community’s interest. This effort is an appropriate option because it will deconcentrate poverty and expand housing and economic opportunities. The specifics of what HACM is seeking will be contained in an advertisement published in the manner prescribed by HUD that varies depending upon whether the units to be brought into the program are new construction, rehabilitated, or existing units. The actual selection of the units to be project-based shall also be in full accordance with HUD requirements. The specific policies that differ from the Section 8 Housing Choice Voucher Program are included in this PBV Administrative Plan. The policies applicable to both programs are covered under the Section 8 Housing Choice Voucher Administrative Plan. VASH and Family Unification Program vouchers can be project-based without additional HUD approval. The 20% cap can be increased by an additional 10% in the following circumstances: A. The units are specifically made available to house individuals and families that meet the definition of homeless under Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), and contained in the Continuum of Care Interim Rule at 24 CFR 578.3. See https://www.federalregister.gov/d/2012- 17546 and https//www.federalregister.gov/d/2016-13684.

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B. The units are specifically made available to house families that are comprised of or include a veteran. A veteran is an individual who has served in the United States armed forces other than those dishonorably discharged.

C. The units provide supportive housing to persons with disabilities or to elderly

persons. The definitions of a person with disabilities and an elderly person are found at 24 CFR 5.403. Supportive housing means that the project makes supportive services available for all of the assisted families in the project and provides a range of services tailored to the needs of the residents occupying such housing. Such services may include (but are not limited to):

• Meal service adequate to meet nutritional need; • Housekeeping aid; • Personal assistance; • Transportation services; • Health-related services; • Educational and employment services; or • Other services designed to help the recipient live in the

community as independently as possible. HACM will include any project based solicitation contemplating the use of this exception a requirement that the available services be listed and described in the response to the solicitation. Such supportive services need not be provided by the owner or on-site, but must be reasonably available to the families receiving PBV assistance in the project. HACM will not require participation as a condition of living in an excepted unit, although such services will be offered. Note that in accordance with 24 CFR 983.354, with the exception of an assisted living facility, the owner of a PBV project may not require the assisted family to pay charges for meals or supportive services, and non-payment of such charges by the family is not grounds for termination of tenancy. In the case of an assisted living facility (as defined in § 983.3) receiving PBV assistance, owners may charge families for meals or supportive services. These charges may not be included in the rent to owner or the calculation of reasonable rent.

D. The units are located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey 5-Year Estimates.

These categories are separate and distinct from exceptions to the income-mixing requirements that limit the number and percentage of units within a particular project to which PBV assistance may be attached (no more than the greater of 25 units or 25 percent of the units), which is discussed later in the Administrative Plan. If HACM wishes to add PBV units under this exception authority, HACM will submit all required information to the Field Office, and identify the exception category (or categories) for which HACM will project-base additional units (up to an

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additional 10 percent above the normally applicable PBV program limitation) and the specific number of units that qualify under the exception category. PBV units may only be covered by this 10 percent exception authority if the PBV HAP contract was first executed on or after April 18, 2017. The 20% cap can be exceeded without limitation for units being converted under the Rent Assistance Demonstration (RAD), HUD-VASH units specifically issued for project basing, units that previously received certain other HUD housing subsidies as described in Notice published in the January 18, 2017 Federal Register, and for other reasons that may be established by HUD.

27.1 SELECTION OF PROPERTIES TO PROJECT-BASE

A. Selection Policy

The policies as set forth herein are adopted by the HACM for the purpose of administering the Section 8 Project-Based Voucher Program. The HACM will select Project-Based Voucher proposals by either of the following two methods: 1. HACM will request Project-Based Voucher Proposals. The HACM

will not limit proposals to a single site or impose restrictions that explicitly or practically preclude other submissions of proposals for Project-Based Voucher housing on different sites.

2. The selection of a proposal for housing assisted under a federal, state,

or local government housing assistance, community development, or supportive services program that requires competitive selection of proposals (e.g., HOME, and units for which competitively awarded LIHTCs have been provided) where the proposal has been selected in accordance with such program’s competitive selection requirements within three years of the Project-Based Voucher proposal selection date. Also, the earlier competitive selection proposal must not have involved any consideration that the project would receive Project-Based Voucher assistance. In this case, the vouchers can be project-based merely on a vote of the Board of Commissioners.

If the HACM will be selecting proposals under A(1) of this section, the HACM will issue a Request for Proposals (RFP) inviting interested owners to participate in the Project-Based Voucher Program. In the Project-Based Voucher Program, assistance is attached to the project and may be in the form of existing housing, newly constructed housing or rehabilitated housing. The Request for Proposal (RFP) may include all forms of housing or individual forms (e.g., newly constructed housing only).

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The HACM will advertise the RFP in a newspaper of general circulation for the jurisdiction, once a week for three (3) consecutive weeks. Applicants shall have thirty (30) days from the last date of publication to respond by submitting their applications. Only applications submitted in response to the advertisement will be considered. The HACM will prepare a detailed RFP package outlining:

• Program Requirements to include:

(1) ineligible housing types and prohibition of assistance for units in subsidized housing; and

(2) program accessibility requirements of section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8; and

(3) housing first occupied after March 13, 1991, must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at 24 CFR 100.205, as applicable; and

(4) housing first occupied after January 19, 2017 shall have a broadband infrastructure available to all units.

• Application Requirements;

• Rating and Ranking of Applications: Priority may be given to units whereby the HACM has an ownership interest, if the Project-Based Vouchers are part of a mixed finance development;

• Selection Process.

This information will be provided at the request of interested parties. The submission deadline date will also be a part of the RFP package. This will allow the HACM adequate time to examine the proposed site before the selection date. For existing housing, the HACM will inspect all of the units to determine whether the units substantially comply with the HQS.

After the closing date of the Request for Proposals, the HACM will review each proposal for completeness, determine if the proposed site meets the site selection standards, determine that the cap on number of Project-Based Voucher units in each project has not been exceeded, and score the proposal. After the HACM staff has made its decision, the Executive Director will present the rating and ranking of proposals, along with the recommended selection based on the scores received to the HACM Board of Commissioners for approval. A project in which HACM has an ownership interest and is being completed to improve, develop, or replace a public housing property or site can be

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project-based without competition as long as the projected hard costs equal or exceed $25,000 per unit. For purposes of this section, an ownership interest means that the PHA or its officers, employees, or agents are in an entity that holds any such direct or indirect interest in the building, including, but not limited to an interest as: titleholder; lessee; a stockholder; a member, or general or limited partner; or a member of a limited liability corporation. Prior to selecting a project based on a previous competition or following a competition where HACM has an ownership interest and is engaged in improving, developing or replacing a public housing property or site, HACM will submit the information required by HUD at least 14 calendar days prior to issuing its RFP. The HACM will give written notification to the successful proposer(s) within five (5) business days of Board approval. Public notice of the selected proposals will be published in a newspaper of general circulation for the jurisdiction. The HACM will also notify those proposers that weren’t selected within five (5) business days from Board approval. The denial letter will contain the procedures for appealing the selection. The HACM will make documentation available for public inspection regarding the basis for the HACM selection of a Project-Based Voucher proposal. If proposers wish to appeal the selection process, they may do so by presenting their complaint in writing to the Executive Director within ten (10) calendar days from the date contained on the denial letter from the HACM. The HACM will seek to resolve all appeals in as informal a manner as possible. The appeal must contain, at a minimum, the following information:

• Name, address, and telephone number of the proposer appealing; • Identification of the RFP being appealed; • A statement of the reason for appealing; • Supporting exhibits, evidence, or documents to substantiate any

arguments; and • The form of relief requested.

The HACM shall issue a decision on the appeal as expeditiously as possible after receiving all relevant information requested. The HACM may decide to suspend the award of project-based vouchers if the facts presented in the appeal warrant such action. This action will only be taken if the evidence is clear and convincing as to the existence of an impropriety and there are no other means of resolving the matter. If the HACM Executive Director believes that an impropriety exists, then the proposed award of project-based vouchers will be canceled or revised to comply with the decision of the Executive Director.

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If the appeal is not granted, the Executive Director will provide a written decision with justification for the denial of the appeal.

B. Requirements for Selection of Project-Base Housing

1. Housing Type

The HACM may attach Project-Based Voucher assistance for units in existing housing, newly constructed housing or rehabilitated housing. A housing unit is considered an existing unit if at the time of notice of the HACM selection, the units substantially comply with HQS.

2. Prohibition of Assistance for Ineligible Units

(a) Ineligible Units

The HACM will not attach or pay Project-Based Voucher assistance for units in the following types of housing:

(i) Shared housing;

(ii) Units on the grounds of a penal, reformatory, medical, mental, or similar public or private institution;

(iii) Nursing homes or facilities providing continuous

psychiatric, medical, nursing services, board and care, or intermediate care. Units in an assisted living facility are eligible if they provide home health care services such as nursing and therapy for residents of the housing;

(iv) Units that are owned or controlled by an educational

institution or its affiliate and are designated for occupancy by students of the institution;

(v) Manufactured homes; (vi) Cooperative housing; and (vii) Transitional housing.

(b) High-rise Elevator Project for Families with Children

The HACM will not attach or pay Project-Based Voucher assistance to a high-rise elevator project that may be occupied by families with children unless the HACM determines there is no practical alternative and HUD approves such finding.

(c) Prohibition Against Assistance for Owner-Occupied Unit

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The HACM will not attach or pay Project-Based Voucher assistance for a unit occupied by an owner of the housing.

(d) Prohibition against Selecting a Unit Occupied by an Ineligible

Family The HACM will not select or enter into an Agreement or HAP

contract for a unit occupied by a family ineligible for participation in the Project-Based Voucher Program.

3. Prohibition of Assistance for Units in Subsidized Housing

The HACM will not attach or pay Project-based Voucher assistance to units in any of the following types of subsidized housing: (a) A public housing dwelling unit; (b) A unit subsidized with any other form of Section 8 assistance

(tenant-based or project-based); (c) A unit subsidized with any governmental rent subsidy (a

subsidy that pays all or any part of the rent); (d) A unit subsidized with any governmental subsidy that covers

all or any part of the operating costs of the housing; (e) A unit subsidized with Section 236 rental assistance payments

(12 U.S.C. 1715z-1). However, the HACM may attach assistance to a unit subsidized with Section 236 interest reduction payments;

(f) A unit subsidized with rental assistance payments under

Section 521 of the Housing Act of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the HACM may attach assistance for a unit subsidized with Section 515 interest reduction payments (42 U.S.C. 1485);

(g) A Section 202 project for non-elderly persons with disabilities

(assistance under Section 162 of the Housing and Community Development Act of 1987, 12 U.S.C. 1701q note);

(h) Section 811 project-based supportive housing for persons with

disabilities (42 U.S.C. 8013). (i) Section 202 supportive housing for the elderly (12 U.S.C.

1701q);

(j) A Section 101 rent supplement project (12 U.S.C. 1701s);

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(k) A unit subsidized with any form of tenant-based rental assistance (as

defined at 24 CFR 982.1(b)(2)) (e.g., a unit subsidized with tenant-based rental assistance under the HOME program, 42 U.S.C. 12701 et seq.);

(l) A unit with any other duplicative federal, state, or local

housing subsidy, as determined by HUD or by the HACM in accordance with HUD requirements. For this purpose, “housing subsidy” does not include the housing component of a welfare payment; a social security payment; or a federal, state, or local tax concession (such as relief from local real property taxes).

4. Prohibition of Excess Public Assistance

The HACM will only provide Project-Based Voucher assistance in accordance with HUD subsidy layering regulations and other requirements. The subsidy layering review is intended to prevent excessive public assistance for the housing by combining (layering) housing assistance payment subsidy under the Project-Based Voucher Program with other governmental housing assistance from federal, state, or local agencies, including assistance such as tax concessions or tax credits. The HACM will only enter into an Agreement or HAP contract after HUD or an independent entity approved by HUD, has conducted any required subsidy layering review and determined that the Project-Based Voucher assistance is in accordance with HUD subsidy layering requirements. The HACM will require the owner to certify that the project has not received and will not receive (before or during the term of the HAP contract) any public assistance for acquisition, development, or operation of the housing other than the assistance disclosed in the subsidy layering review in accordance with HUD requirements.

5. Cap on Number of Project-Based Voucher Units in Each Project

(a) Greater of 25 Units or 25 Percent Per Project Cap

The HACM will not select a proposal to provide Project-Based Voucher assistance for units in a Project or enter into an Agreement or HAP contract to provide Project-Based Voucher assistance for units in a Project if the total number of dwelling units in the Project that will receive Project-Based Voucher Assistance during the term of the Project-Based Voucher HAP is more than the greater of 25 units or 25 percent of the number of the dwelling units in the Project. A

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project is defined as a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land.

(b) Exception to the Greater of 25 Units or 25 Percent Per

Building Cap

In the following instances, Project-Based Voucher units are not counted against the greater of 25 units or the 25 percent per building cap: (i) Units exclusively serving elderly families (ii) Excepted units in a multi-family building.

Note: “Excepted units” means units in a multifamily building

that are specifically made available for qualifying families;

“Qualifying families” means: Elderly or disabled

families; or families receiving access to supportive services.

Supportive services mean those appropriate services made available to a family trying to achieve economic independence and self-sufficiency or live in the community as independently as possible and may include: (1) Child care - child care of a type that provides

sufficient hours of operation and serves an appropriate range of ages;

(2) Transportation - transportation necessary to

enable a participating family to receive available services, or to commute to their places of employment;

(3) Education - remedial education; education for

completion of secondary or post-secondary schooling;

(4) Employment - job training, preparation, and

counseling; job development and placement; and follow-up assistance after job placement and completion of the contract of participation;

(5) Personal welfare - substance/alcohol abuse

treatment and counseling;

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(6) Household skills and management - training in homemaking and parenting skills; household management; and money management;

(7) Other services - any other services and

resources, including case management, reasonable accommodations for individuals with disabilities that the HACM determines to be appropriate in assisting families to achieve economic independence and self-sufficiency.

(iii) Projects that are in census tracts with a poverty rate of

20 percent or less. In this case, the cap becomes the greater of 25 units or 40%.

(iv) Projects previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD.

6. Site Selection Standards

(a) General Requirements

The HACM will not select a proposal for existing housing, newly constructed, or rehabilitated Project-Based Voucher housing on a site or enter into an Agreement or HAP contract for units on the site until the HACM has determined that:

(i) Project-based assistance for housing at the selected site

is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities as outlined in the HACM Annual and Five-Year Plan and this Administrative Policy. In making this determination, the HACM will utilize the following factors: (1) Whether the census tract in which the proposed

Project-Based Voucher development will be located is in a HUD-designated Enterprise Zone, Economic Community, or Renewal Community;

(2) Whether a Project-Based Voucher development will be located in a census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition;

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(3) Whether the census tract in which the proposed Project-Based Voucher development will be located is undergoing significant revitalization;

(4) Whether state, local, or federal dollars have

been invested in the area that has assisted in the achievement of the statutory requirement;

(5) Whether new market rate units are being

developed in the same census tract where the proposed Project-Based Voucher development will be located and the likelihood that such market rate units will positively impact the poverty rate in the area;

(6) If the poverty rate in the area where the

proposed Project-Based Voucher development will be located is greater than 20 percent, the PHA should consider whether in the past five years there has been an overall decline in the poverty rate;

(7) Whether there are meaningful opportunities for

educational and economic advancement in the census tract where the proposed Project-Based Voucher development will be located.

(ii) The site is suitable from the standpoint of facilitating

and furthering fill compliance with applicable Civil Rights statutes and regulations, including the requirement that the site meet the Section 504 site selection requirements described in 24 CFR 8.4(b)(5).

(iii) The site meets the HQS site requirements at 24 CFR 982.401(1).

(b) Existing and Rehabilitated Housing Site and Neighborhood Standards

The HACM will determine if a site for existing or rehabilitated housing meets the following site and neighborhood standards. The site must: (i) Be adequate in size, exposure, and contour to

accommodate the number and type of units proposed, and adequate utilities and streets must be available to service the site. (The existence of a private disposal system and private sanitary water supply for the site,

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approved in accordance with law, may be considered adequate utilities.)

(ii) Promote greater choice of housing opportunities and

avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons.

(iii) Be accessible to social, recreational, educational,

commercial, and health facilities and services and other municipal facilities and services that are at least equivalent to those typically found in neighborhoods consisting largely of unassisted standard housing of similar market rents.

(iv) Be so located that travel time and cost via public

transportation or private automobile from the neighborhood to places of employment providing a range of jobs for lower-income workers is not excessive. While it is important that housing for the elderly not be totally isolated from employment opportunities, this requirement need not be adhered to rigidly for such projects.

(c) New Construction Site and Neighborhood Standards

A site for newly constructed housing must meet the following site and neighborhood standards: (i) The site must be adequate in size, exposure, and

contour to accommodate the number and type of units proposed, and adequate utilities (water, sewer, gas, and electricity) and streets must be available to service the site.

(ii) The site must not be located in an area of minority

concentration, except as permitted under paragraph (iii) below, and must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non-minority residents in the area.

(iii) A project may be located in an area of minority

concentration only if:

(1) Sufficient comparable opportunities exist for housing for minority families in the income range to be served by the proposed project outside area of minority concentration; or

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(2) The project is necessary to meet overriding housing needs that cannot be met in that housing market area.

Note: “Sufficient” does not require that in every

locality there be an equal number of assisted units within and outside of areas of minority concentration. Rather, application of this standard should produce a reasonable distribution of assisted units each year so that, over a period of several years, it will approach an appropriate balance of housing choices within and outside areas of minority concentration. An appropriate balance will be determined in light of local conditions affecting the range of housing choices available for low-income minority families and in relation to the racial mix of the locality’s population.

Units will be considered “comparable

opportunities” if they have the same household type (elderly, disabled, family, large family) and tenure type (owner/renter); require approximately the same tenant contribution towards rent, serve the same income group, are located in the same housing market, and are in standard condition.

Application of the “comparable opportunities”

standard involves assessing the overall impact of HUD-assisted housing on the availability of housing choices for low-income minority families in and outside areas of minority concentration, and must take into account the extent to which the following factors are present, along with other factors relevant to housing choice:

(A) A significant number of assisted

housing units are available outside areas of minority concentration.

(B) There is significant integration of

assisted housing projects constructed or rehabilitated in the past 10 years, relative to the racial mix of the eligible population.

(C) There are racially integrated

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neighborhoods in the locality.

(D) Programs are operated by the locality to assist minority families that wish to find housing outside areas of minority concentration

(E) Minority families have benefited from

local activities (e.g., acquisition and write-down of sites, tax relief programs for homeowners, acquisitions of units for use as assisted housing units) undertaken to expand choice for minority families outside of areas of minority concentration.

(F) A significant proportion of minority

households have been successful in finding units in non-minority areas under the tenant-based assistance programs.

(G) Comparable housing opportunities have

been made available outside areas of minority concentration through other programs.

Application of the “overriding housing needs” criterion, for example, permits approval of sites that are an integral part of an overall local strategy for the preservation or restoration of the immediate neighborhood and of sites in a neighborhood experiencing significant private investment that is demonstrably improving the economic character of the area (a “revitalizing area”). An “overriding housing need,” however, may not serve as the basis for determining that a site is acceptable, if the only reason the need cannot otherwise be feasibly met is that discrimination on the basis of race, color, religion, sex, national origin, age, familial status, or disability renders sites outside areas of minority concentration unavailable or if the use of this standard in recent years has had the effect of circumventing the obligation to provide housing choice.

(iv) The site must promote greater choice of housing

opportunities and avoid undue concentration of

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assisted persons in areas containing a high proportion of low-income persons.

(v) The neighborhood must not be one that is seriously

detrimental to family life or in which substandard dwellings or other undesirable conditions predominate, unless there is a concerted program actively in progress to remedy the undesirable conditions.

(vi) The housing must be accessible to social, recreational,

educational, commercial, and health facilities and services and other municipal facilities and services that are at least equivalent to those typically found in neighborhoods consisting largely of unassisted standard housing of similar market rents.

(vii) Except for new construction, housing designed for elderly persons, travel time, and cost via public transportation or private automobile from the neighborhood to places of employment providing a range of jobs for lower-income workers must not be excessive.

7. Environmental Review

The HACM will not enter into an Agreement or HAP contract with an owner nor will the HACM, the owner or its contractors acquire, dispose of, demolish, or construct real property or commit or expend program or local funds for Project-Based Voucher activities until one of the following occurs:

(a) The responsible entity (a unit of general local government, a

county or a state) has competed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and request for release of funds;

(b) The responsible entity has determined that the project to be

assisted is exempt under 24 CFR 58.34 or is categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or

(c) HUD has performed an environmental review under 24 CFR

part 50 and has notified the HACM in writing of environmental approval of the site.

The HACM will require the owner to carry out mitigating measures required by the responsible entity (or HUD, if applicable) as a result of the environmental review.

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8. HACM-Owned Units

(a) Selection of HACM-Owned Units

If the HACM selects its own proposal, the HUD field office or a HUD approved independent entity will review the selection process to determine that the HACM units were appropriately selected based on the selection procedures as outlined in this Section 8 Administrative Plan.

(b) Inspection and Determination of Reasonable Rent

The HACM will have an independent entity approved by HUD, perform the following program services:

(i) Determination of rent to owner as outlined in 27.6(A)

and (B). The independent entity approved by HUD must establish the initial contract rents based on an appraisal by a licensed state-certified appraiser; and

(ii) Inspections as outlined in Section 27.2(F) of this

Administrative Plan.

(c) Nature of Independent Entity The independent entity that performs these program services may be the unit of general local government for the HACM’s jurisdiction (unless the HACM is itself the unit of general local government or an agency of such government) or another HUD-approved public or private independent entity.

(d) Payment to Independent Entity and Appraiser The HACM will compensate the independent entity and appraiser from the HACM’s ongoing administrative fee income (including the amounts credited to the administrative fee reserve). The HACM will not use other program receipts to compensate the independent entity and appraiser for their services. The HACM, independent entity, and appraiser will not charge the family any fee for the appraisal or the services provided by the independent entity.

27.2 HOUSING QUALITY STANDARDS (HQS)

The RAP will follow the policies as outlined in Section 17.0 Inspection Policies and Housing Quality Standards of this Section 8 Administrative for the Project-Based Voucher Program except when the physical condition standards at 24 CFR 5.703 do

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not apply to the Project-Based Voucher Program and the lead-based paint requirements at 24 CFR 982.401(j) do not apply to the Project-Based Voucher Program.

A. Inspecting Units

1. Pre-Selection Inspection

(a) Inspection of Site

The RAP will examine the proposed site to confirm its appropriateness before the proposal selection date.

2. Inspection of Existing Units

The RAP will inspect all the units before the proposal selection date and will determine whether the units substantially comply with the HQS. To qualify as existing housing, units must substantially comply with the HQS on the proposal selection date. The RAP will not execute the HAP contract until the units fully comply with the HQS.

B. Pre-HAP Contract Inspections

The RAP will inspect each contract unit before execution of the HAP contract. The RAP will not enter into a HAP contract covering a unit until the unit fully complies with the HQS.

C. Turnover Inspections

The RAP will inspect the unit before providing assistance to a new family in a contract unit. The RAP will not provide assistance on behalf of the family until the unit fully complies with the HQS.

D. Regular Inspections

1. At least biennially during the term of the HAP contract, the RAP will

inspect a random sample, consisting of at least 20 percent of the contract units in each Project, to determine if the contract units and the premises are maintained in accordance with the HQS.

Note: Turnover inspections pursuant to paragraph C. of this section

will not count toward meeting this annual inspection requirement.

2. If more than 20 percent of the annual sample of inspected contract

units in a Project fails the initial inspection, the RAP will re-inspect 100 percent of the contract units in the Project.

E. Other Inspections

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1. The RAP will inspect contract units whenever needed to determine

that the contract units comply with the HQS, that the owner is complying with the HQS, and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract. The RAP will take into account complaints and any other information coming to its attention in scheduling inspections.

2. The RAP will conduct follow-up inspections needed to determine if

the owner (or the family if responsible) has corrected an HQS violation. Additionally, the RAP will conduct inspections to determine the basis for exercise of contractual and other remedies for owner or family violation of the HQS.

3. The RAP will include a representative sample of both tenant-based

and project-based units in conducting its supervisory quality control HQS inspections.

F. Inspecting HACM-Owned Units

1. For HACM-owned units, the inspections required under this section will be performed by an independent entity approved by HUD. The independent entity that performs these inspections may be the unit of general local government for the RAP jurisdiction (unless the RAP is itself the unit of general local government or an agency of such government) or another HUD-approved public or private independent entity.

2. The independent entity shall provide a copy of each inspection report

to the RAP and to the HUD field office where the project is located.

3. The RAP will take all necessary actions in response to inspection reports from the independent entity, including exercise of contractual remedies for violation of the HAP contract by the owner (Housing Authority).

27.3 REQUIREMENTS FOR REHABILITATED AND NEWLY CONSTRUCTED

UNITS

This section only applies to newly constructed or rehabilitated housing and does not apply to existing housing. Newly constructed or rehabilitated housing cannot be selected as existing housing at a later date. A. Purpose and Content of the Agreement to Enter into HAP Contract

1. Requirement

The RAP will enter into an Agreement with the owner. The Agreement will be in the form required by HUD.

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2. Purpose of the Agreement

In the Agreement, the owner agrees to develop the contract units to comply with the HQS and the RAP agrees that, upon timely completion of such development in accordance with the terms of the Agreement, the RAP will enter into a HAP contract with the owner for the contract units.

3. Description of Housing

(a) At a minimum, the Agreement will describe the following features of the housing to be developed (newly constructed or rehabilitated) and assisted under the Project-Based Voucher Program:

(i) Site;

(ii) Location of contract units on site; (iii) Number of contract units by area (size) and number of

bedrooms and bathrooms; (iv) Services, maintenance, or equipment to be supplied by

the owner without charges in addition to the rent to owner;

(v) Utilities available to the contract units (including

broadband), including a specification of utility services to be paid by owner (without charges in addition to rent), and utility services to be paid by the tenant;

(vi) Indication of whether or not the design and

construction requirements of the Fair Housing Act and implementing regulations at 24 CFR 100.205 and the accessibility requirements of section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.22 and 8.23 apply to units under the Agreement. If these requirements are applicable, any required work item resulting from these requirements will be included in the description of work to be performed under the Agreement;

(vii) Estimated initial rents to owner for the contract units; (viii) Description of the work to be performed under the

Agreement. If the Agreement is for rehabilitation of units, the work description will include the rehabilitation work write up and, where determined necessary by the HACM, specifications and plans. If

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the Agreement is for new construction, the work description will include the working drawings and specifications.

(b) At a minimum, the housing must comply with the HQS.

B. Execution of the Agreement

1. Prohibition of Excess Subsidy

The RAP will not enter the Agreement with the owner until the subsidy layering review is completed.

2. Environmental Approval

The RAP will not enter the Agreement with the owner until the environmental review is completed and the RAP has received the environmental approval.

3. Prompt Execution of Agreement

The Agreement will be executed promptly after the RAP notice of proposal selection to the selected owner.

C. Conduct of Development Work

1. Development Requirements

The owner must carry out development work in accordance with the Agreement and the requirements of this section.

2. Labor Standards

(a) In the case of an Agreement of nine or more contract units

(whether or not completed in stages), the owner and the owner’s contractors and subcontractors must pay Davis-Bacon wages to laborers and mechanics employed in development of the housing.

(b) The HUD prescribed form of Agreement shall include the

labor standards clauses required by HUD, such as those involving Davis-Bacon wage rates.

(c) The owner and the owner’s contractors and subcontractors

must comply with the Contract Work Hours and Safety Standards Act, Department of Labor regulations in 29 CFR part 5, and other applicable federal labor relations laws and regulations. The RAP will monitor compliance with labor standards.

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3. Equal Opportunity

(a) The owner must comply with Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations at 24 CFR part 135.

(b) The owner must comply with federal equal employment opportunity requirements of Executive Orders 11246 as amended, 11625, 12432 and 12138.

4. Eligibility to Participate in Federal Programs and Activities

The Agreement and HAP contract will include a certification by the owner that the owner and other project principals (including officers and principal members, shareholders, investors, and other parties having a substantial interest in the project) are not on the U.S. General Services Administration list of parties excluded from federal procurement and non-procurement programs.

5. Disclosure of Conflict of Interest

The owner must disclose any possible conflict of interest that would be a violation of the Agreement, the HAP contract, or HUD regulations.

D. Completion of Housing

1. Completion Deadline The owner must develop and complete the housing in accordance with the Agreement. The Agreement will specify the deadlines for completion of the housing and for submission by the owner of the required evidence of completion.

2. Required Evidence of Completion

(a) Minimum Submission

At a minimum, the owner must submit the following evidence of completion to the RAP in the form and manner required by the HACM: (i) Owner certification that the work has been completed

in accordance with the HQS and all requirements of the Agreement; and

(ii) Owner certification that the owner has complied with

labor standards and equal opportunity requirements in development of the housing.

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(iii) Certificate of Occupancy for the property issued by the

City of Milwaukee as an evidence of compliance with local requirements.

E. RAP Acceptance of Completed Units

1. RAP Determination of Completion

When the RAP has received owner notice the housing is completed: (a) The RAP will inspect to determine if the housing has been

completed in accordance with the Agreement, including compliance with the HQS and any additional requirement(s) imposed by the RAP under the Agreement.

(b) The RAP will determine if the owner has submitted all

required evidence of completion. (c) If the work has not been completed in accordance with the

Agreement, the RAP will not enter into the HAP contract. 2. Execution of HAP Contract

If the RAP determines that the housing has been completed in accordance with the Agreement and that the owner has submitted all required evidence of completion, the RAP will submit the HAP contract for execution by the owner and will then execute the HAP contract.

27.4 HOUSING ASSISTANCE PAYMENT CONTRACT

This section applies to all Project-Based Voucher assistance including assistance for existing, newly constructed, or rehabilitated housing. A. Purpose of the HAP Contract 1. Requirement

The RAP will enter into a HAP contract with the owner. The HAP contract must be in the form required by HUD.

2. Purpose of HAP Contract

(a) The purpose of the HAP contract is to provide housing

assistance payments for eligible families. (b) The RAP makes housing assistance payments to the owner in

accordance with the HAP contract. Housing assistance is paid

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for contract units leased and occupied by eligible families during the HAP contract term.

B. HAP Contract Information The HAP contract must specify: 1. The total number of contract units by number of bedrooms;

2. Information needed to identify the site and the building or buildings where the contract units are located. The information must include the project’s name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building;

3. Information needed to identify the specific contract units in each

building. The information must include the number of contract units in the building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit;

4. Services, maintenance, and equipment to be supplied by the owner

without charges in addition to the rent to owner; 5. Utilities available to the contract units, including a specification of

utility services to be paid by the owner (without charges in addition to rent) and utility services to be paid by the tenant;

6. Features provided to comply with program accessibility requirements

of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8;

7. The HAP contract term; 8. The number of units in any Project that will exceed the PBV cap,

which will be set-aside for occupancy by qualifying families (elderly or disabled families and families receiving supportive services); and

9. The initial rent to owner (for the first 12 months of the HAP contract

term).

C. When HAP Contract is Executed 1. PHA Inspection of Housing

(a) Before execution of the HAP contract, the RAP will inspect each contract unit in accordance with Section 27.2 B.

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(b) The RAP will not enter into a HAP contract for any contract unit until the RAP has determined that the unit complies with the HQS.

2. Existing Housing

The RAP will promptly execute the HAP contract after the RAP selection of the owner proposal and RAP inspection of the housing.

3. Newly Constructed or Rehabilitated Housing

The RAP will execute the HAP contract after the RAP has inspected the completed units and has determined that the units have been completed in accordance with the Agreement and the owner has furnished all required evidence of completion. When executing the HAP contract, the owner must certify that the units have been completed in accordance with the Agreement.

D. Term of the HAP Contract

1. Initial Term and Any Extensions

The RAP may enter into a HAP contract with an owner for an initial term of up to twenty years for each contract unit. The length of the term of the HAP contract for any contract unit may not be less than one year, nor more than twenty years.

Within one year before expiration, the RAP may agree to extend the term of the HAP contract for an additional term of up to twenty additional years, subject to the approval of the Secretary-Executive Director of the Housing Authority, if the RAP determines an extension is appropriate to continue providing affordable housing for low-income families. Any extension of the term must be on the form and subject to the conditions prescribed by HUD at the time of the extension. The term and potential extensions the RAP is willing to enter into will be discussed in the project selection process.

2. Termination by the RAP – Insufficient Funding

The HAP contract will provide that the term of the HACM’s contractual commitment is subject to the availability of sufficient appropriated funding (budget authority) as determined by HUD or by the RAP in accordance with HUD instructions. Note: “Sufficient funding” means the availability of appropriations,

and of funding under the ACC from such appropriations, to make full payment of housing assistance payments payable to

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the owner for any contract year in accordance with the terms of the HAP.

The RAP will not fail to make the HAP payment until after it has made all possible allowable cost saving efforts in the tenant-based program and there is still insufficient funding. If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the RAP may terminate the HAP contract by notice to the owner for all or any of the contract units. Such action by the RAP will be implemented in accordance with HUD instructions.

3. Termination by Owner – Reduction Below Initial Rent

The owner may terminate the HAP contract, upon notice to the HACM, if the amount of rent to the owner is reduced below the initial approved rent. In this case, the assisted families residing in the contract units will be offered tenant-based voucher assistance. Upon termination or expiration of a HAP contract that is not extended, a family living at the property is entitled to receive a tenant-based voucher (the voucher that was previously providing project-based assistance for the family in the PBV project). The RAP will provide the family with a voucher and that family will also be given the option by RAP and owner to remain in their unit with HCV tenant-based assistance if the unit complies with inspection requirements and rent reasonableness requirements. The family must pay the total rent payment and any additional amount if the unit rent exceeds the applicable payment standard. The family has the right to remain in the project as long as the units are used for rental housing and are otherwise eligible for HCV assistance (for example, the rent is reasonable, unit meets HQS, etc.). The owner may not terminate the tenancy of the family that exercises its right to remain except for a serious or repeated lease violation or other good cause. Families that receive a tenant-based voucher at the expiration or termination of the PBV HAP contract are not new admissions to the RAP tenant-based program, and are not subject to income eligibility requirements or any other admission requirements. If the family chooses to remain in their unit with tenant-based assistance, the family may do so regardless of whether the family share would initially exceed 40 percent of the family’s adjusted monthly income. The statutory owner notice requirement related to the contract termination or expiration, continue to apply to the PBV program. If the owner fails to provide timely notice of termination, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of the

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rent, and with no eviction as a result of an owner’s inability to collect an increased tenant portion of the rent. For families that wish to remain at that property, the HCV tenant-based assistance would not commence until the owner’s required notice period ends.

F. HAP Contract Amendments (to add or substitute contract units)

1. Amendment to Substitute Contract Units

At the discretion of the HACM, and subject to all Project-Based Voucher requirements, the HAP contract may be amended to substitute a different unit with the same number of bedrooms in the same Project for a previously covered contract unit. Prior to such substitution, the RAP will inspect the proposed substitute unit and will determine the reasonable rent for such unit and the fact that it passes HQS.

2. Amendment to Add Contract Units

At the discretion of the HACM, and provided that the total number of units in a Project that will receive Project-Based Voucher assistance or other project-based assistance will not exceed the greater of 25 units or 25 percent of the number of dwelling units (assisted or unassisted) in the Project or the 20 percent of authorized budget authority of the HACM, a HAP contract may be amended to add additional Project-Based Voucher contract units in the same Project. An Amendment to the HAP contract is subject to all Project-Based Voucher requirements (e.g., rents are reasonable), except that a new Project-Based Voucher request for proposals (competition) is not required. The anniversary and expiration dates of the HAP contract for the additional units must be the same as for the anniversary and expiration dates of the HAP contract term for the Project-Based Voucher units originally placed under HAP contract. This shall only be done after informing the HUD Field Office with the information it requires and the rationale used to expand assistance to the specific Project.

3. Staged Completion of Contract Units

Even if contract units are placed under the HAP contract in stages commencing on different dates, there is a single annual anniversary for all contract units under the HAP contract. The annual anniversary for all contract units is the annual anniversary date for the first contract units placed under the HAP contract. The expiration of the HAP contract for all the contract units completed in stages must be concurrent with the end of the HAP contract term for the units originally placed under HAP contract.

4. Condition of Contract Units

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(a) Owner Maintenance and Operation

The owner must maintain and operate the contract units and premises in accordance with the HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance, equipment, and utilities specified in the HAP contract with the RAP and in the lease with each assisted family. At the discretion of the HACM, the HAP contract may also require continuing owner compliance during the HAP term with additional housing quality requirements specified by the RAP (in addition to, but not in place of, compliance with the HUD-prescribed HQS). Such additional requirements will be designed to assure continued compliance with any design, architecture, or quality requirement specified in the Agreement.

5. Remedies for HQS Violation

The RAP will vigorously enforce the owner's obligation to maintain contract units in accordance with the HQS. The RAP will not make any HAP payment to the owner for a contract unit covering any period during which the contract unit does not comply with the HQS.

If the RAP determines that a contract unit is not in accordance with the housing quality standards (or other HAP contract requirement), the RAP may exercise any of its remedies under the HAP contract for all or any contract units. Such remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the HAP contract.

6. Maintenance and Replacement – Owner’s Standard Practice

Maintenance and replacement (including redecoration) must be in accordance with the standard practice for the Project concerned as established by the owner.

7. Owner Responsibility

The owner is responsible for performing all of the owner responsibilities under the Agreement and the HAP contract. 24 CFR part 982.452 applies as follows: (a) Performing all management and rental functions for the

assisted unit, including selecting a voucher-holder to lease the unit, and deciding if the family is suitable for tenancy of the unit.

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(b) Maintaining the unit in accordance with HQS, including

performance of ordinary and extraordinary maintenance. (c) Complying with equal opportunity requirements. (d) Preparing and furnishing to the RAP information required

under the HAP contract. (e) Collecting from the family:

(i) Any security deposit. (ii) The tenant contribution (the part of rent owner not

covered by the housing payment). (iii) Any charges for unit damage by the family. (iv) Enforcing tenant obligations under the lease. (v) Paying for utilities and services (unless paid by the

family under the lease). (vi) Provisions on modifications to a dwelling unit

occupied or to be occupied by a disabled person see the following note:

Note: Reasonable Modification of Existing Premises

(A) It shall be unlawful for any person to refuse to

permit, at the expense of a handicapped person, reasonable modifications of existing premises, occupied or to be occupied by a handicapped person, if the proposed modifications may be necessary to afford the handicapped person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear expected. The landlord may not increase for handicapped persons any customarily required security deposit.

However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a

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provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

(B) However, where it is necessary in order to

ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.

8. Owner Certification

By execution of the HAP contract, the owner certifies that at such execution and at all times during the term of the HAP contract: (a) All contract units are in good and tenantable condition. The

owner is maintaining the premises and all contract units in accordance with the HQS.

(b) The owner is providing all the services, maintenance,

equipment, and utilities as agreed to under the HAP contract and the leases with assisted families.

(c) Each contract unit for which the owner is receiving housing

assistance payments is leased to an eligible family referred by the HACM, and the lease is in accordance with the HAP contract and HUD requirements.

(d) To the best of the owner’s knowledge, the members of the

family reside in each contract unit for which the owner is receiving housing assistance payments, and the unit is the family’s only residence.

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(e) The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit.

(f) The amount of the housing assistance payment is the correct

amount due under the HAP contract.

(g) The rent to owner for each contract unit does not exceed rents charged by the owner for other comparable unassisted units.

(h) Except for the housing assistance payment and the tenant rent

as provided under the HAP contract, the owner has not received and will not receive any payment or other consideration (from the family, the HACM, HUD, or any other public or private source) for rental of the contract unit.

(i) The participating family does not own or have any interest in

the contract unit. 27.5 OPERATION OF PROJECT-BASED PROPERTIES

A. Project-Based Waiting List

The HACM shall maintain separate waiting lists for admission to the Project-Based

Voucher (PBV) Program for each assisted property. All current Section 8 Tenant Based Assistance waiting list families who are interested in Project-Based units will

be placed on the PBV Assistance Program waiting list. RAP will take applications only during an open enrollment period, depending on the length of the waiting list.

The waiting list will be maintained by bedroom size, date and time of original

application. RAP may elect to have a lottery for applicants to limit the size of the

PBV waiting list and keep it manageable. RAP may place applicants on the waiting

list in the order of their lottery selection sequence.

The individual projects/buildings that serve a special targeted population (e.g., homeless, mentally challenged, Veterans, etc), referrals can be made by the owner in

accordance with their Tenant Selection Plan. All Section 8 Tenant Based Assistance

waiting list families who express an interest, in writing, and meet the qualifications

of the targeted population for the PBV Assistance project/building will be placed on

that project/building waiting list.

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If an applicant rejects an offer of assistance for the PBV Assistance Program

and is on the current Section 8 Tenant Based Assistance waiting list, this rejection

will not alter the applicant's position on the Section 8 Tenant Based Assistance

waiting list.

The waiting list for the Project-Based Section 8 Assistance Program will be maintained in accordance with the following guidelines:

1. The application will be a permanent file.

2. All applications will be maintained by bedroom size, preference and then in order of date and time of application.

3. Substantive contacts between the RAP and the applicant will be

documented in the applicant file.

Protection of in-place families: The term “in-place family” means an eligible family residing in a proposed contract unit on the proposal selection date. In order to minimize displacement of in-place families, if a unit to be placed under contract that is either an existing unit or one requiring rehabilitation is occupied by an eligible family on the proposal selection date, the in-place family must be placed on the PHA's waiting list (if the family is not already on the list) and, once its continued eligibility is determined, given an absolute selection preference and referred to the project owner for an appropriately sized PBV unit in the project. (However, the PHA may deny assistance for the grounds specified in 24 CFR 982.552 and 982.553.) Admission of such families is not subject to income- targeting under 24 CFR 982.201(b)(2)(i), and such families must be referred to the owner from the PHA's waiting list. A PHA shall give such families priority for admission to the PBV program. This protection does not apply to families that are not eligible to participate in the program on the proposal selection date.

B. Admission Preferences

The preferences utilized shall be the same as is used for the Tenant Based Housing Choice Voucher Program. Admission preferences will be consistent with all applicable Federal nondiscrimination and civil rights statutes and requirements.

C. Selection from the Waiting List

Applicants will be pulled from the specific PBV waiting list for each assisted property in date and time order. If the owner rejects the available applicant,

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the owner must promptly notify the RAP in writing and the grounds for the rejection. The applicants name will then be removed from the specific PBV waiting list for that assisted property.

Under this plan, the first qualified applicant in sequence on the assisted property’s PBV waiting list will be made an offer of project-based assistance based on the unit size available. If the available unit being offered is a unit with special accessibility features for persons with disabilities, the RAP will skip over families not requiring the accessible unit to reach a family who does require such accommodation. (The prohibition on granting preferences to persons with a specific disability at 24 CFR 982.207(b)(3) continues to apply.) The preference would be limited to:

• The population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain themselves in housing;

• Who, without appropriate supportive services, will not be able to obtain or maintain themselves in housing; and

• For whom such services cannot be provided in a nonsegregated setting.

Non-mobility impaired families will be offered these units if no family on the waiting list requires these features. The applicant family will only have one chance to accept a unit offer. If the applicant family rejects the offer, his or her name will be removed from the assisted property’s PVB waiting list and he or she will have to re-apply.

If more than one unit of the appropriate type and size is available, the first unit to be offered will be the first unit that is ready for occupancy.

The RAP will maintain a record of units offered, including location, date and circumstances of each offer and each acceptance or rejection, including the reason for the rejection.

Notwithstanding the above, if necessary to meet the statutory requirement that 75% of newly admitted families in any fiscal year be families who are extremely low-income (unless a different target is agreed to by HUD), the RAP retains the right to skip higher income families on the waiting list to reach extremely low-income families. This measure will only be taken if it appears the goal will not otherwise be met. To ensure this goal is met, the HACM will monitor incomes of newly admitted families and the income of the families on the waiting list.

D. Project-Based Briefing

When the RAP approves a family from the waiting list, the family will be invited to attend a briefing explaining how the project-based program works.

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In order to be eligible for a vacant unit, all adult family members are required to attend the briefing. If they cannot attend the originally scheduled briefing, they may attend a later session. If the family fails to attend two briefings without good cause, they will be denied admission and/or RAP will question their continued eligibility.

If an applicant with a disability requires auxiliary aids to gain full benefit from the briefing, the RAP will furnish such aids where doing so would not result in a fundamental alteration of the nature of the program or an undue financial or administrative burden. In determining the most suitable auxiliary aid, the RAP will give primary consideration to the requests of the applicant. Families unable to attend a briefing due to a disability may request a reasonable accommodation such as having the briefing presented at an alternate location.

The briefing will cover at least the following subjects: 1. A description of how the program works;

2. Family and owner responsibilities; 4. The fact that the subsidy is tied to the unit. After the initial 12-month

period, the family has the right to request a tenant based voucher, if available, to move with continued assistance in the form of either assistance under the voucher program or other comparable tenant-based rental assistance; and

5. A description of the RAP policy on providing information to owners.

E. Project-Based Briefing Packet

During the briefing, the HACM will give the family a packet covering at least the following subjects:

1. How the HACM determines the housing assistance payment and total

tenant payment for the family (including a copy of the utility allowances);

2. A statement of the HACM’s policy on providing information to

prospective owners. This policy requires applicants to sign disclosure statements allowing the HACM to provide prospective owners with the family’s current and prior addresses and the names and addresses of the landlords for those addresses;

3. The HUD-required lead-based paint brochure;

4. Information on Federal, State, and local equal opportunity laws; the

brochure “Fair Housing: It’s Your Right;" and a copy of the housing discrimination complaint form;

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5. The family and owner responsibilities under the lease and HAP contract;

6. The grounds upon which the HACM may terminate assistance

because of the family’s action or inaction; and

7. RAP informal hearing procedures, including when the HACM is required to provide the opportunity for an informal hearing, and information on how to request a hearing.

F. Leasing of Contract Units

1. Owner Selection of Tenants

During the term of the HAP contract, the owner must lease contract units only to eligible families selected and referred by the RAP from the RAP waiting list or as specified in Section 27.5 of this Administrative Plan.

The owner is responsible for adopting written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very-low income families and reasonably related to program eligibility and an applicant’s ability to perform the lease obligations.

An owner must promptly notify in writing any rejected applicant of the grounds for any rejection.

2. Size of Unit

The contract unit leased to each family must be appropriate for the size of the family under the HACM’s occupancy standards as listed under the Section 8 Tenant Based Voucher Administrative Plan.

G. Vacancies

1. Filling Vacant Units

The owner must promptly notify the RAP of any vacancy (or expected vacancy) in a contract unit. After receiving the owner notice, the RAP will make every reasonable effort to promptly refer a sufficient number of families to the owner to fill such vacancies. The owner must lease vacant contract units only to eligible families on the RAP waiting list referred by the RAP or as specified in Section 27.5 of this Administrative Plan. It is expected that the RAP and the owner will make reasonable good faith efforts to minimize the likelihood and length of any vacancy.

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2. Reducing Number of Contract Units

If any contract units have been vacant for a period of 120 days or more since the owner notice of vacancy (and notwithstanding the reasonable good faith efforts of the RAP to fill such vacancies), the RAP may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (by number of bedrooms) that have been vacant for such period.

H. Tenant Screening

The RAP has no responsibility or liability to the owner or any other person for the family’s behavior or suitability for tenancy. However, it will screen applicants in accordance with the Section 8 Tenant Based Voucher Administrative Plan 10.0 F-Eligibility for tenancy.

The information received as a result of the criminal background check shall be

Used solely for screening purposes. The information derived from the criminal

background check shall be shared only with employees of the RAP who have a job-

related need to have access to the information. The information shall be maintained confidentially, not misused or improperly disseminated, and destroyed once the purpose(s) for which it was requested has been

accomplished and the period for filing a challenge to the RAP’s action has expired without

a challenge or final disposition of any litigation has occurred.

If an applicant is denied housing based on either the criminal check or the sex offender registration program, the applicant will be informed of this fact and given an opportunity to dispute the accuracy of the information before the denial or eviction occurs.

1. Owner Responsibility

(a) The owner is responsible for screening and selection of

families to occupy the owner’s units.

(b) The owner is responsible for screening of families on the basis of their tenancy histories. An owner may consider a family’s background with respect to such factors as:

(i) Payment of rent and utility bills: (ii) Caring for a unit and premises:

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(iii) Respecting the rights of other residents to the peaceful enjoyment of their housing;

(iv) Drug-related criminal activity or other criminal

activity that is a threat to the health, safety, or property of others; and

(v) Compliance with other essential conditions of tenancy.

2. Providing Tenant Information to Owner (a) The RAP will give the owner:

(i) The family’s current and prior address (as shown in the RAP records); and

(ii) The name and address (if known) of the landlord at the

family’s current and any prior address.

I. Lease 1. Tenant’s Legal Capacity

The tenant must have legal capacity to enter a lease under state and local law. Legal capacity means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner.

2. Form of Lease

The tenant and the owner must enter a written lease for the unit. Both the owner and the tenant must execute the lease. If the owner uses a standard lease form for rental to unassisted tenants in the locality or for the premises, the lease must be in an acceptable form. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a RAP model lease. In all cases, the lease must include a HUD-required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD.

3. Required Information The lease must specify all of the following:

(a) The names of the owner and the tenant;

(b) The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit);

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(c) The term of the lease (initial term and any provision for

renewal);

(d) The amount of tenant rent to owner. The tenant rent to owner is subject to change during the term of the lease in accordance with HUD requirements;

(e) A specification of what services, maintenance, equipment, and

utilities are to be provided by the owner; and

(f) The amount of any charges for food, furniture, or supportive services.

4. Initial Term of the Lease The initial lease term must be for at least one year. 5. Tenancy Addendum The tenancy addendum in the lease shall state:

(a) The program tenancy requirements; and

(b) The composition of the household as approved by the RAP (names of family members and any RAP live-in aide).

All provisions in the HUD-required tenancy addendum must be included in the lease. The terms of the tenancy addendum shall prevail over other provisions of the lease.

6. Changes in Lease

If the tenant and the owner agree to any change in the lease, such change must be in writing and the owner must immediately give the RAP a copy of all such changes. The owner must notify the RAP at least 90 days in advance of any proposed change in lease requirements governing the allocation of tenant and owner responsibilities for utilities or rent. Such changes may be made only if approved by the RAP and in accordance with the terms of the lease relating to its amendment. The RAP will re-determine reasonable rent in accordance with Section 27.6 (B), based on any change in allocation of responsibility for utilities between the owner and the tenant, and the re-determined reasonable rent shall be used in calculation of rent to owner from the effective date of the change.

7. Lease Provisions Governing Tenant Absence From the Unit

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A maximum period of tenant absence from the unit will be in accordance with Section 8 Tenant Based Voucher Administrative Plan.

J. Security Deposit

The owner may collect a security deposit from the tenant. The RAP prohibits security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. When the tenant moves out of the contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts which the tenant owes under the lease. The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. The RAP has no liability or responsibility for payment of any amount owed by the family to the owner.

K. Owner Termination of Tenancy and Eviction

1. In general, Section 23.0, Termination of the Lease and Contract, of

this Administrative Plan applies with the exception that 23. (a)(vii) (3) & (4) do not apply to the Project-based Voucher Program. In the Project-based Voucher Program “good cause” does not include a business or economic reason or desire to use the unit for an individual, family, or non-residential rental purpose. Eviction for drug and alcohol abuse applies to the Project-based Voucher Program.

2. Upon lease expiration, an owner may:

(a) Renew the lease; (b) With proper 60 day notice, refuse to renew the lease for good cause; (c) With proper 60 day notice, refuse to renew the lease without

good cause, which case the RAP will provide the family with a tenant based voucher and the unit will be removed from the Project-based Voucher HAP contract.

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L. Overcrowded, Under-Occupied, and Accessible Units

1. Family Occupancy of Wrong-size or Accessible Unit

The RAP occupancy standards determine the appropriate unit size for the family size and composition. If the RAP determines that a family is occupying a: (a) Wrong-size unit, or

(b) Unit with accessibility features that the family does not

require, and the unit is needed by a family that requires the accessibility features,

The RAP must promptly notify the family and the owner of this determination, and of the RAP’s offer of continued assistance in another unit pursuant to paragraph (2) of this section.

2. RAP Offer of Continued Assistance

If a family is occupying a wrong size unit, or a unit with accessibility features that the family does not require, and the unit is needed by a family that requires the accessibility features, the RAP will offer the family the opportunity to receive continued housing assistance in another unit. The RAP will offer the following housing options as continued assistance. (a) Project-based voucher assistance in an appropriate-size unit

(in the same Project); (b) Other project-based housing assistance (e.g., by occupancy of

a public housing unit); (c) Tenant-based rental assistance under the voucher program, if a

voucher is available; or (d) Other comparable public or private tenant-based assistance

(e.g., under the HOME program).

3. RAP Termination of Housing Assistance Payments

If the RAP offers the family the opportunity to receive tenant-based rental assistance under the voucher program, the RAP will terminate the housing assistance payments for a wrong-sized or accessible unit at expiration of the term of the family’s voucher (including any extension granted by the RAP).

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If the RAP offers the family the opportunity for another form of continued housing assistance in accordance with (2) above, and the family does not accept the offer, does not move out of the project-based voucher unit within a reasonable time as determined by the RAP, or both, the RAP will terminate the housing assistance payments for the wrong-sized or accessible unit, with a proper 60 days’ notice.

M. When Occupancy May Exceed the Greater of 25 Units or the 25 Percent Cap

on the Number of Project-Based Voucher Units in Each Project

1. Except as provided in Section 27.1(B)(5), the RAP will not pay housing

assistance under the HAP contract for contract units in excess of the PBV cap.

2. If referring families to the owner for admission to excepted units, the RAP

will give preference to elderly or disabled families, or to families receiving

supportive services.

3.4. A family (or the remaining members of the family) residing in an excepted unit that no longer meets the criteria for a “qualifying family” in connection with the PBV project cap exception will be required to vacate the unit within a 90 days, and the RAP will cease paying housing assistance payments on behalf of the non-qualifying family. Extensions beyond the 90 day time frame may be granted on a case by case basis. If the family fails to vacate the unit within the 90 days, the unit will be removed from the HAP contract unless the project is partially assisted and it is possible for the HAP contract to be amended to substitute a different unit in the project in accordance with Section 27.4 (E) or the owner terminates the lease and evicts the family.

N. Family Right to Move

A family may terminate the assisted lease at any time after the first year of occupancy. The family must give the owner advance written notice of the intent to vacate, with a copy to the RAP in accordance with the lease. If the family has elected to terminate the lease after the first year in compliance with the lease, the RAP will offer the family the opportunity for continued tenant-based rental assistance in the form of either assistance under the voucher program or other comparable tenant-based rental assistance. If the family wishes to move with continued assistance, the family must request a tenant based voucher to move in writing, prior to giving advance written notice to the owner. If voucher or other comparable tenant-based

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rental assistance is not immediately available upon termination of the family’s lease of a project-based voucher unit, the RAP will give the family priority to receive the next available opportunity for continued tenant-based rental assistance. If the family terminates the assisted lease before the end of one year, the family relinquishes the opportunity for continued tenant-based assistance. There is an exception to this rule when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, and the move is needed to protect the health or safety of the family or family member, or any family member has been the victim of a sexual assault that occurred on the premises during the 90 calendar day period preceding the family’s request to move.

O. HACM and all PBV property owners will operate the property in a manner to affirmatively further fair housing. No admission preference shall intentionally discriminate against any member of a protected class. Both HACM and all PBV property owners shall operate their properties in compliance with all Federal nondiscrimination requirements.

27.6 RENT TO OWNER

A. Determining the Rent to Owner

1. Initial and Redetermined Rents

(a) The amount of the initial rent to owner is established at the beginning of the HAP contract term. For rehabilitated or newly constructed housing, the Agreement states the estimated amount of the initial rent to owner, but the actual amount of the initial rent to owner is established at the beginning of the HAP contract term.

(b) The rent to owner is redetermined at the owner’s request for a

rent increase in accordance with this Section 27.6 (A) and (B). The rent to owner is also redetermined at such time when there is a five percent or greater decrease in the published FMR.

2. Amount of Rent to Owner

Except for certain tax credit units as provided in Section 27.6 (3), the rent to owner must not exceed the lowest of:

(a) An amount determined by the RAP, not to exceed 110 percent

of the applicable fair market rent (or any exception payment

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standard approved by HUD) for the unit bedroom size minus any utility allowance;

(b) The reasonable rent; or

(c) The rent requested by the owner.

3. Rent to Owner for Certain Tax Credit Units (a) This section applies if:

(i) A contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986 (see 26 U.S.C. 42);

(ii) The contract unit is not located in a qualified census

tract;

A “qualified census tract” is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI) or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD.

(iii) In the same project, there are comparable tax credit

units of the same unit bedroom size as the contract unit and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and

(iv) The tax credit rent exceeds the applicable fair market

rental (or any exception payment standard) as determined in accordance with Section 27.6 (6) (b).

(b) The rent to owner must not exceed the lowest of:

(i) The tax credit rent minus any utility allowance;

(ii) The reasonable rent; or (iii) The rent requested by the owner.

(c) The “tax credit rent” is the rent charged for comparable units of the same bedroom size in the project that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., additional assistance such as tenant-based voucher assistance).

4. Rent to Owner for Other Tax Credit Units

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Except in the case of a tax credit unit described in the Section immediately above, the rent to owner for all other tax credit units is determined pursuant to Section 2 above.

5. Reasonable Rent

The RAP will determine reasonable rent in accordance with Section 27.6 (C). The rent to owner for each contract unit may at no time exceed the reasonable rent.

6. Use of FMRs and Utility Allowance Schedule in Determining the

Amount of Rent to Owner

(a) Amounts used:

(i) Determination of Initial Rent (at the beginning of the HAP contract term)

When determining the initial rent to owner, the RAP will use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. At its discretion, the RAP may use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract.

(ii) Redetermination of Rent to Owner

When redetermining the rent to owner, the RAP will use the most recently published FMR and the RAP utility allowance schedule in effect at the time of redetermination. At its discretion, the RAP may use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract.

(b) Exception Payment Standard and RAP Utility Allowance

Schedule

(i) Any HUD approved exception standard amount applies to both the tenant-based and project-based voucher programs. HUD will not approve a different exception payment standard amount for use in the project-based voucher program.

(ii) The RAP may not establish or apply different utility

allowance amounts for the project-based voucher program. The same RAP utility allowance schedule

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applies to both the tenant-based and project-based voucher programs.

7. HACM-Owned Units

For HACM-owned units, the initial rent to owner and the annual re-determination of rent at the annual anniversary of the HAP contract are determined by the independent entity approved by HUD in accordance with Section 27.6 (C)(6). The RAP must use the rent to owner established by the independent entity.

B. Re-determination of Rent to Owner 1. The RAP will re-determine the rent to owner: (a) Upon the owner’s request; or

(b) When there is a five percent or greater decrease in the published FMR.

2. Rent Increase

(a) The RAP will not make any rent increase other than an increase in the rent to owner as outlined in 27.6(A) above.

(b) The owner must request an increase in the rent to owner at the

annual anniversary of the HAP contract by written notice to the RAP. The RAP must receive the written notice 90 days before the annual anniversary date. The request must be submitted in the form and manner required by the RAP.

(c) The RAP will not approve and the owner will not receive any

increase of rent to owner until and unless the owner has complied with all requirements of the HAP contract, including compliance with the HQS. The RAP will not grant any retroactive increase of rent for any period of noncompliance.

3. Rent Decrease

If there is a decrease in the rent to owner, the rent to owner must be decreased, regardless of whether the owner requested a rent adjustment.

4. Notice of Rent Determination

The RAP will give written notice of any redetermined rent. The RAP notice of the rent adjustment constitutes an amendment of the rent to owner specified in the HAP contract.

5. Contract Year and Annual Anniversary of the HAP Contract

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(a) The contract year is the period of 12 calendar months

preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term.

(b) The annual anniversary of the HAP contract is the first day of

the first calendar month after the end of the preceding contract year. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP contract.

(c) If contract units are placed under the HAP contract in stages

commencing on different dates, there is a single annual anniversary for all contract units under the HAP contract. The annual anniversary for all contract units is the annual anniversary date for the first contract units placed under the HAP contract. The expiration of the HAP contract for all the contract units completed in stages must be concurrent with the end of the HAP contract term for the units originally placed under HAP contract.

C. Reasonable Rent 1. Comparability Requirement

At all times during the term of the HAP contract, the rent to owner may not exceed the reasonable rent as determined by the RAP.

2. Redetermination

The RAP will redetermine the reasonable rent under the following circumstances:

(a) Whenever there is a five percent or greater decrease in the

published FMR in effect sixty (60) days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR in effect one year before the contract anniversary;

(b) Whenever the RAP approves a change in the allocation of

responsibility for utilities between the owner and the tenant;

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(c) Whenever the HAP contract is amended to substitute a different contract unit in the same project; and

(d) Whenever there is any other change that may substantially

affect the reasonable rent. 3. How to Determine Reasonable Rent

The reasonable rent of a contract unit must be determined by comparison to rent for other comparable unassisted units. In determining the reasonable rent, the RAP will consider factors that affect market rent, such as:

(a) The location, quality, size, unit type, and age of the contract

unit; and

(b) Amenities, housing services, maintenance, and utilities to be provided by the owner.

4. Comparability Analysis

(a) For each unit, the RAP comparability analysis will use at least

three comparable units in the private unassisted market, which may include comparable unassisted units in the premises or project.

(b) The RAP will retain a comparability analysis that shows how the reasonable rent was determined, including major differences between the unassisted units.

(c) The comparability analysis may be performed by the RAP staff or by another qualified person or entity. A person or entity that conducts the comparability analysis and any RAP staff or contractor engaged in determining the housing assistance payment based on the comparability analysis may not have any direct or indirect interest in the property.

5. Owner Certification of Comparability

By accepting each monthly housing assistance payment from the RAP, the owner certifies that the rent to owner is not more than rent charged by the owner for comparable unassisted units in the premises. The owner must give the RAP information requested by the RAP on rents charged by the owner for other units in the premises or elsewhere.

6. Determining Reasonable Rent for HACM-Owned Units

For HACM units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in

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accordance with Section 27.1 (B) (8), rather than by RAP staff. Reasonable rent must be determined in accordance with this Section.

The independent entity must furnish a copy of the independent entity determination of reasonable rent for HACM-owned units to the RAP and to the HUD field office where the project is located.

7. Other Subsidy; Effect on Rent to Owner

In addition to the rent limits established in accordance with 27.6(A)&(B), the following restrictions apply to certain units:

(a) HOME – for units assisted under the HOME program, rents

may not exceed rent limits as required by the HOME program.

(b) Subsidized Projects This paragraph applies to any contract units in any of the following types of federally subsidized project:

(i) An insured or non-insured Section 236 project;

(ii) A formerly insured or non-insured Section 236 project

that continues to receive Interest Reduction Payment following a decoupling action;

(iii) A Section 221(d)(3) below market interest rate (BMIR) project;

(iv) A Section 515 project of the Rural Housing Service;

(v) A project receiving low-income housing tax credits;

(vi) Any other type of federally subsidized project specified by HUD.

The rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program.

(a) Combining Subsidy

Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements.

(b) Other Subsidy: RAP Discretion to Reduce Rent The RAP, at its discretion, may reduce the initial rent to

owner because of other governmental subsidies, including tax credit or tax exemption, grants, or other subsidized financing.

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(c) Prohibition of Other Subsidy The RAP will not attach or pay Project-based Voucher

assistance to units in any of the following types of subsidized housing:

(i) A public housing dwelling unit; (ii) A unit subsidized with any other form of Section 8

assistance (tenant-based or project-based); (iii) A unit subsidized with any governmental rent subsidy

(a subsidy that pays all or any part of the rent); (iv) A unit subsidized with any governmental subsidy that

covers all or any part of the operating costs of the housing;

(v) A unit subsidized with Section 236 rental assistance

payments (12 U.S.C. 1715z-1). However, the RAP may attach assistance to a unit subsidized with Section 236 interest reduction payments;

(vi) A unit subsidized with rental assistance payments

under Section 521 of the Housing Act of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the RAP may attach assistance for a unit subsidized with Section 515 interest reduction payments (42 U.S.C. 1485);

(vii) A Section 202 project for non-elderly persons with

disabilities (assistance under Section 162 of the Housing and Community Development Act of 1987, 12 U.S.C. 1701q note);

(viii) Section 811 project based supportive housing for

persons with disabilities (42 U.S.C. 8013); (ix) Section 202 supportive housing for the elderly (12

U.S.C. 1701q); (x) A Section 101 rent supplement project (12 U.S.C.

1701s); (xi) A unit subsidized with any form of tenant-based rental

assistance (as defined at 24 CFR 982.1(b)(2)) (e.g., a unit subsidized with tenant-based rental assistance under the HOME program, 42 U.S.C. 12701 et seq.);

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(xii) A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or by the RAP in accordance with HUD requirements. For this purpose, “housing subsidy” does not include the housing component of a welfare payment; a social security payment; or a federal, state, or local tax concession (such as relief from local real property taxes).

8. Rent to Owner: Effect of Rent Control and Other Rent Limits

In addition to all the above limitations on the rent paid to the owner, if a state or local rent control requirement exists, it will apply to the property.

27.7 PAYMENT TO OWNER

A. RAP Payment to Owner for Occupied Unit

1. When Payments Are Made

The RAP will make housing assistance payments to the owner in accordance with the terms of the HAP contract. Except for discretionary vacancy payments in accordance with 27.7(B) below, the RAP will not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit).

2. Monthly Payment

Monthly, the RAP will make a housing assistance payment to the owner for each contract unit that is in compliance with HQS and is leased to and occupied by an eligible family in accordance with the HAP contract.

3. Calculating Amount of Payment

The monthly housing assistance payment by the RAP to the owner for a contract unit leased to a family is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance).

4. Prompt Payment

The RAP will make the housing assistance payment to the owner under the HAP contract on or about the first day of the month for which payment is due, unless the owner and the RAP agree on a later date. If such an agreement has been made, it must be in writing.

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5. Owner Compliance with Contract

In order to receive housing assistance payments in accordance with the HAP contact, the owner must be in compliance with all the provisions of the HAP contract. Unless the owner complies with all the provision of the HAP contract, the owner does not have a right to receive housing assistance payments.

B. Vacancy Payment 1. Payment for Move-Out Month

If an assisted family moves out of the unit, the owner may keep the housing assistance payment payable for the calendar month when the family moves out (“move-out month”). If the RAP determines that the vacancy is the owner’s fault, the owner may not keep the payment.

2. Vacancy Payment

The RAP will NOT make any vacancy payments to the owner.

C. Tenant Rent; Payment to Owner 1. RAP Determination

The RAP will determine the tenant rent and effective dates of changes in rent in accordance with this Section 8 Administrative Plan. The tenant rent is the portion of the rent to owner paid by the family.

2. Tenant Payment to Owner

The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The tenant rent is determined by the RAP and is the maximum amount the owner can charge the family for rent of a contract unit. The tenant rent is payment for all housing services, maintenance, equipment, and utilities to be provided by the owner without additional charge to the tenant, in accordance with the HAP contract and lease. The owner cannot demand or accept any rent payment from the tenant in excess of the tenant rent. The owner is required to immediately return any excess payment to the tenant.

3. Limit of RAP Responsibility

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The RAP is responsible only for making housing assistance payments to the owner on behalf of a family in accordance with the HAP contract. The RAP is not responsible for paying the tenant rent, or for paying any other claim by the owner.

4. Utility Reimbursement

If the amount of the utility allowance exceeds the total tenant payment, the RAP will pay the amount of such excess as a reimbursement for tenant-paid utilities to the utility supplier and the tenant rent to the owner shall be zero.

D. Other Fees and Charges

1. Meals and Supportive Services

In assisted living developments receiving project-based assistance, owners may charge tenants, family members, or both for meals or supportive services. These charges will not be included in the rent to owner, nor will the value of meals and supportive services be included in the calculation of reasonable rent. Non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development. For any other type of project-based assistance (other than assisted living) the owner may not require the tenant or family members to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy.

2. Other Charges by Owner

The owner may not charge the tenant or family members extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises.

28.0 FRAUD POLICY

RAP is fully committed to combating fraud in its Section 8 housing program. It defines fraud as a single act or pattern of actions that include false statements, the omission of information, or the concealment of a substantive fact made with the intention of deceiving or misleading RAP. It results in the inappropriate expenditure of public funds and/or violation of Section 8 requirements. RAP shall aggressively attempt to prevent all cases of fraud. Although there are different types of fraud that may be committed by participating families, the two most common are the failure to fully report all sources of income and the failure to accurately report who is residing in the unit being subsidized.

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If RAP receives information concerning the amount or verification of family income, the case will be reviewed by the person responsible for income verification within thirty (30) days of receipt. The Certification Supervisor or staff person(s) designated by the Section 8 Manager shall promptly reconcile any difference between the amount reported by the family and the amount verified by RAP or HUD. For all fraudulent acts, RAP shall take action depending on the circumstances and what it determines appropriate. RAP may take any of the following actions: A. Require the participant to immediately repay the amount in question; B. Require the participant to enter into a satisfactory repayment agreement; C. Terminate the participant’s rent assistance;

D. Refer the participant’s case for criminal prosecution; or

E. Take other such action as RAP deems necessary.

29.0 COOPERATION AGREEMENTS WITH AGENCIES

RAP will make its best efforts to enter into cooperation agreements with local, State and Federal agencies to: A. Target assistance, benefits and services to families receiving assistance in the

Section 8 tenant-based assistance program to help them achieve self- sufficiency.

B. Provide written verification to RAP concerning income and benefits for

families applying for or receiving assistance in RAP’s programs. 30.0 STAFF COMPLAINTS

RAP will investigate and respond to complaints by participant families, owners and the general public relating to RAP personnel. RAP may require that the complaints be put in writing. Complaints must be responded to within forty-eight (48) hours by the appropriate Section Supervisor unless otherwise directed by HACM Housing Management Staff.

31.0 QUALITY CONTROL OF SECTION 8 PROGRAM

In order to maintain the appropriate quality standards for the Section 8 program, RAP will review files and records to determine if the work documented in the files

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or records conforms to program requirements. The number of files and/or records checked shall be at least equal to the number specified in the Section 8 Management Assessment Program (SEMAP) for our size housing authority. These audits will be performed by the Certification Supervisor and/or other qualified staff as designated by the Section 8 Manager.

Among the areas that shall have quality control reviews are the following:

A. The proper selection of applicants from the waiting list and the selection criteria met by the applicants.

B. The determination of rent reasonableness.

C. The proper verification of income and expenses of participants both upon admission and recertification and appropriate rent payment.

D. The proper conducting of HQS inspections.

E. The proper follow-up on HQS deficiencies and the timely manner in which the appropriate repairs were completed.

If significant errors are found during a quality control review, then appropriate training shall be immediately conducted for the person or persons who made the errors and that person shall correct all of his or her errors.

32.0 CODE OF CONDUCT 32.1 PURPOSE

This Code of Conduct establishes standards for employee and Commissioner conduct that will assure the highest level of public service. Recognizing that compliance with any ethical standards rests primarily on personal integrity and specifically in this situation with the integrity of the employees and Commissioners of the HACM, this Section sets forth those acts or omissions of acts that could be deemed injurious to the general mission of the Authority.

This Code of Conduct is not intended, nor should it be construed, as an attempt to unreasonably intrude upon the individual employee or Commissioners right to privacy and the right to participate freely in a democratic society and economy.

32.2 CONFLICT OF INTEREST

In accordance with 24 CFR 982.161, neither the RAP nor any of its contractors or subcontractors may enter into any contract or arrangement in connection with the tenant-based programs in which any of the following classes of persons has any interest, direct or indirect, during his or her tenure with the Housing Authority RAP or for one year thereafter:

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A. Any present or former member or officer of the Housing Authority (except a participant commissioner);

B. Any employee of the Housing Authority or any contractor, subcontractor

or agent of the Housing Authority who formulates policy or who influences decisions with respect to the programs;

C. Any public official, member of a governing body, or State or local

legislator who exercises functions or responsibilities with respect to the RAP’s programs; or

D. Any member of the Congress of the United States.

Any member of the classes described in A, B, C, or D, must disclose their interest or prospective interest to the Housing Authority and HUD.

The Conflict of Interest prohibition under this section (24.2) may be waived by the HUD Field Office upon the request of the HACM for good cause.

32.3 PROHIBITION OF SOLICITATION OR ACCEPTANCE OF GIFTS

No Commissioner or Authority employee shall solicit any gift or consideration of any kind, nor shall any Authority employee accept or receive a gift having value in excess of $25.00 regardless of the form of the gift, from any person who has an interest in any matter proposed or pending before the Authority.

32.4 HOUSING AUTHORITY ADMINISTRATIVE AND DISCIPLINARY

REMEDIES FOR VIOLATION OF THE HOUSING AUTHORITY CODE OF CONDUCT

Violations of this Code of Conduct Policy will result in disciplinary action as outlined in the HACM’s Personnel Policy or as determined by action of the Board of Commissioners.

33.0 RENTAL ASSISTANCE DEMONSTRATION PROJECT BASED VOUCHER POLICIES Introduction This chapter describes the HACM policies related to Component 1 of the Rental Assistance Demonstration (RAD) program. The specific polices that differ from the Section 8 Project-Based Voucher Program is included in this RAD Administrative Plan. The policies applicable to both programs

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are covered under the Project-Based Vouchers Administrative Plan of the Section 8 Administrative Plan Part I: General Requirements Overview HACM will operate select properties and units under the component 1 of the Rental Assistance Demonstration Program (RAD), a program developed by the Department of Housing and Urban Development (HUD) that seeks to preserve and protect public and affordable housing. Under RAD, properties are funded through a long-term Housing Assistance Payment (HAP) contract under Section 8 of the U.S. Housing Act of 1937, as opposed to capital and operating subsidy under Section 9, which funds traditional public housing. HUD is currently authorized to transition thousands of units nationwide under RAD as a strategy to provide more stable funding and access to alternative financing resources to maintain HACM properties. The transition to RAD offers HACM an opportunity to draw upon a more predictable funding stream under the Section 8 platform (based on historical funding patterns and Congressional appropriations) and secure other non-Federal sources of funds to finance capital improvements. HACM is proposing a full portfolio conversion which includes nearly 3,500 units under the RAD program in order to improve long-term funding opportunities for existing properties while preserving the rights and protections of HACM residents. The following HACM properties have been proposed to transition to RAD:

AMP Property Office Address Units Type

WI002000013 ARLINGTON COURT 1633 N. Arlington Pl. 230 PBV

WI002000018 BECHER COURT 1802 W. Becher St. 120 PBV WI002000046 CARVER PARK, LLC 1901 N. 6th Ave. 51 PBV WI002000064 CHERRY COURT, LLC 1525 N. 24th St. 70 PBV

WI002000011 COLLEGE COURT 3334 W. Highland Blvd. 251 PBV

WI002000065 CONVENT HILL, LLC 455 E. Ogden Ave. 42 PBV

WI002000049 HIGHLAND GARDENS, LLC

1818 W. Juneau Ave. 46 PBV

WI002000001 HILLSIDE 1419 N. 8th St. 470 PBV WI002000008 HOLTON TERRACE 2825 N. Holton St. 120 PBV WI002000075 LAPHAM PARK, LLC 1901 N. 6th St. 131 PBV

WI002000019 LINCOLN COURT 2325 S. Howell Ave. 110 PBV

WI002000015 LOCUST COURT 1350 E. Locust St. 230 PBV WI002000091 MERILL PARK 222 N. 33rd St. 120 PBV

WI002000017 MITCHELL COURT 2600 W. National Ave. 100 PBV

WI002000068 OLGA VILLAGE, LLC 722 W. 37 PBV

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Washington WI002000007 PARKLAWN 4434 W. Marion St. 380 PBV WI002000062 RIVERVIEW 1300 E. Kane Place 180 PBV

WI002000010 SCATTERED SITES - DEMO

5003 W. Lisbon Ave. 61 PBV

WI002000060 SCATTERED SITES - HHOMES

1818 W. Juneau Ave. 56 PBV

WI002000063 SCATTERED SITES- CHERRY 1525 N. 24th St. 70 PBV

WI002000016 SCATTERED SITES N & WEST

5003 W. Lisbon Ave. 144 PBV

WI002000061 SCATTERED SITES- SOUTH P.O. Box 772 64 PBV

WI002000066 SSITES I, LLC 455 E. Ogden Ave. 24 PBV WI002000067 SSITES II, LLC 455 E. Ogden Ave. 12 PBV

WI002000070 WESTLAWN 6419 W. Custer Ave. 394 PBV

WI002000071 WESTLAWN GARDENS, LLC 55555 N. 62nd St. 64 PBV

HACM’s RAD properties will operate as project-based vouchers (PBV) that will be subject to HUD’s regulations governing the program and by HACM’s polices outline herein. A. RAD Property-based Vouchers Vs. Traditional Project-based Voucher Assistance

Except as otherwise noted in this chapter, the HACM polices for the traditional PBV program (as outlined in Chapter 27) also apply to the RAD PBV program and its participants. Part II: RAD PBV Contract and Administrative Terms Under the Demonstration, HUD has the authority to waive statutory and regulatory provisions governing the PBV program, or to establish alternative requirements for the effective conversion of assistance. Additionally, the RAD statute imposes certain unique requirements. Listed below are the “special” requirements applicable to public housing projects converting assistance to long-term PBV assistance under the First Component of the Demonstration, with reference to the affected statute and/or regulation, where applicable. Special requirements are grouped into four categories: Project Selection, Contract Terms, Resident Rights and Participation, and Other Miscellaneous Provisions. All other regulatory and statutory requirements of the PBV program in 24 CFR § Part 983 and section 8(o)(13) of the United States Housing Act of 1937 (the Act) apply, including environmental review, Davis-Bacon, and fair housing requirements. A. RAD PBV Project Selection.

1. Maximum Amount of PBV assistance. Covered Projects do not count against the maximum amount of assistance a PHA may utilize for the PBV program, which is 20 percent of the amount of budget authority allocated to a PHA under the Housing

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Choice Voucher program. To implement this provision, HUD is waiving section 8(o)(13)(B) of the Act as well as 24 CFR § 983.6 with respect to Covered Projects. As a result, a PHA that is administering RAD PBV assistance does not take the Budget Authority (BA) attributable to the RAD PBV into consideration when calculating the 20 percent limitation for any non-RAD PBV actions. In other words, the BA committed to RAD PBV is excluded from both the numerator and the denominator when calculating the percent of available BA that may be project-based for non-RAD PBV.

2. Cap on the Number of PBV Units in Each Project. There is no cap on the number

of units that may receive PBV assistance in each project. To implement these provisions, HUD is waiving section 8(o)(13)(D) of the Act, as well as related provisions of 24 CFR §§ 983.56, 983.257(b), 983.262(a) and (d). Accordingly, units under the contract may not be “excepted” for a specified purpose.

3. Owner Proposal Selection Procedures. HUD is waiving 24 CFR § 983.51. With

respect to site selection standards, HUD requires compliance with the site selection standards as set forth in HUD NoticeH-2019-09 PIH-2019-23(HA).

4. Site selection – Compliance with PBV Goals, section 8(o)(13)(C)(ii) of the Act and

24 CFR § 983.57(b)(1) and (c)(2). HUD waives these provisions having to do with deconcentration of poverty and expanding housing and economic opportunity, for the existing site. To facilitate the uniform treatment of residents and units at a Covered Project, any non-RAD PBV units located in the same Covered Project shall be subject to the terms of this provision.

B. RAD PBV Contract Terms.

1. Length of Contract. Covered Projects shall have an initial HAP term of at least 15

years (up to 20 years upon request of the Project Owner and with approval by the administering Voucher Agency). To implement this provision, HUD is specifying alternative requirements for section 8(o)(13)(F) of the Act (which establishes a maximum term of 15 years) as well as 24 CFR § 983.205(a) (which governs contract term). Project Owners are required to make available for occupancy by eligible tenants the number of assisted units under the terms of the contract and may not reduce the number of assisted units without HUD approval. Any HUD approval of a PHA’s request to reduce the number of assisted units under the contract is subject to conditions that HUD may impose. MTW agencies may not alter this requirement.

2. Mandatory Contract Renewal. In accordance with RAD Statute, upon expiration

of the initial contract and each renewal contract, the administering Voucher Agency must offer, and the Project Owner must accept, renewal of the contract subject to the terms and conditions applicable at the time of renewal and the availability of appropriations each year for such renewal. The renewal contract(s) shall be for the prescribed number and mix of units but may, upon request of the Project Owner and subject to HUD and Contract Administrator approval, be on one or more transfer of assistance sites in lieu of the project site subject to the expiring contract. Consequently, section 8(o)(13)(G) of the Act, as well as 24 CFR § 983.205(b), governing the PHA discretion to renew the contract for terms of up to 15 years, will not apply to the extent that these provisions make renewal or extension decisions purely

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discretionary. However, Contract Administrators and Project Owners may choose to extend the initial HAP Contract term consistent with these provisions and are encouraged to do so a minimum of one year prior to the expiration of the contract so as to avoid unnecessary notice to residents per 24 CFR 983.206. The ability to extend the HAP Contract term consistent with these provisions does not negate, in any way, the mandatory renewal provision detailed in the first sentence of this paragraph. MTW agencies may not alter this requirement.

3. Ownership or Control. As mandated in HUD’s regulations governing RAD,

HACM will retain ownership rights or control of RAD properties through the initial term and all subsequent renewal terms of the HAP contract.

i. HACM will maintain operational control of RAD properties through direct ownership by holding legal title to the property or through direct or indirect legal authority to order the financial, legal, or other interests of the RAD Property.

ii. Legal authority may be established via contract, partnership share or agreement of an equity partnership, voting rights, majority share of general partner interest in a limited partnership, or otherwise.

iii. All current and future ownership entities are subject to the eligibility

requirements of Section 1.3 of PIH Notice 2012-2, REV 2 and any successor notices.

1. RAD Use Agreement. Pursuant to the RAD statute, a Covered Project shall

have an initial RAD Use Agreement that will: i. Be recorded in a superior position to all liens on the property;

ii. Run until the conclusion of the initial term of the HAP contract,

automatically renew upon extension or renewal of the HAP contract for a term that coincides with the renewal term of the HAP contract, and remain in effect even in the case of abatement or termination of the HAP contract (for the term the HAP contract would have run, absent the abatement or termination), unless the Secretary approves termination of the RAD Use Agreement in the case of a transfer of assistance;

iii. Provide that in the event that the HAP contract is removed due to breach, noncompliance or insufficiency of Appropriations, for all units previously covered under the HAP contract, new tenants must have incomes at or below eighty percent (80%) of the area median income (AMI) at the time of admission and rents may not exceed thirty percent (30%) of eighty percent (80%) of AMI for an appropriate size unit for the remainder of the term of the RAD Use Agreement; and

iv. Require compliance with all applicable fair housing and civil rights requirements, including the obligation to affirmatively further fair housing and all applicable site selection and neighborhood standards.

2. Initial Contract Rent Setting. HUD has calculated initial contract rents for

every public housing project based on each project’s subsidy under the public

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housing program. All RAD applications, including applications for Portfolio or Multi-Phase awards, will have initial contract rents based on their “RAD rent base year:”

i. All properties awarded under the original 60,000 unit cap have initial contract rents based on FY 2012 funding levels (“FY 12 RAD rent base year”). These rents will be adjusted each year by HUD’s published OCAF starting in CY 14 and established in the HAP contracts at the time of conversion. Thus, for a project in this category that closes in 2015, the initial contract rents will be based on 2012 funding, with an OCAF adjustment for both 2014 and 2015.

ii. All properties awarded above HUD’s original 60,000 unit cap but subject to the increased 185,000 cap in effect as of the date of the REV-2 Notice will have initial contract rents based on FY 2014 funding levels (“FY 14 RAD rent base year”). These rents will be adjusted each year by HUD’s published OCAF starting in CY 15 and established in the HAP contracts at the time of conversion. Thus, for a project in this category that closes in 2015, the initial contract rents will be based on 2014 funding, with an OCAF adjustment for 2015.

iii. Subsequent to authority to convert additional units, properties will have initial contract rents based on a future RAD rent base year in HUD’s sole discretion.

PHAs may have additional discretion in establishing initial contract rents using the following flexibilities: iv. Rent Bundling. PHAs may adjust subsidy (and initial contract rents)

across multiple projects as long as the PHA does not exceed the aggregate subsidy for all of the projects the PHA has submitted for conversion under RAD. This use, which HUD refers to as “bundled” rents, is permissible when a PHA submits applications for two or more projects. There is no limit to the number of projects that a PHA may bundle.

v. Future Replacement Housing Factor (RHF) or Demolition Disposition Transition Funding (DDTF). PHAs that are scheduled to receive ongoing RHF or DDTF funding in future years may choose to forgo any ongoing RHF or DDTF grants and repurpose the subsidy to augment the RAD rent.

Notwithstanding HUD’s calculation or the above-mentioned flexibilities, initial PBV contract rents are subject to the statutory and regulatory PBV requirements governing contract rents (see 24 CFR § 983.301),

3. Method of Adjusting Contract Rents. Contract rents will be adjusted only by

HUD’s OCAF at each anniversary of the HAP contract, subject to the availability of appropriations for each year of the contract term. As such, section 8(o)(13)(I) of the Act and 24 CFR §§ 983.301 and 983.302, concerning rent

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determinations, shall not apply when adjusting rents. The rent to owner may at no time exceed the reasonable rent charged for comparable unassisted units in private market, as determined by the Contract Administrator in accordance with 24 CFR § 983.303.22 However, the rent to owner shall not be reduced below the initial rent to owner for dwelling units under the initial HAP contract.

4. Transfer of Assistance. HACM reserves the right to transfer the HAP contract,

RAD Use Agreement, and all or part of rental assistance provided under RAD to another property at initial conversion or after 10 years from the effective date of the initial HAP contract. Transfers of assistance must be approved by HUD and may be granted if the property is economically non-viable, physically obsolete, severely distressed, or uninhabitable due to unforeseen circumstances such as natural disasters, or the transfer is in the best interest of the property’s residents.

5. Agreement Waiver and RAD Rehab Assistance Payments. For public housing conversions to PBV there will be no Agreement to Enter into a Housing Assistance Payments (AHAP) contract. Therefore, all regulatory references to the AHAP, including regulations under 24 CFR § 983 subpart D is waived. Instead, the PHA and Project Owner will enter into a HAP contract before construction begins.

Funding during construction will be provided on the following terms: that are not occupied at any point during the initial repairs as a result of rehabilitation or construction as identified in the approved Financing Plan and RAD Conversion Commitment may be eligible, subject to the conditions below, for Rehab Assistance Payments equal to the Public Housing Operating Fund and the Capital Fund amounts that formed the basis for the calculation of initial contract rents. During the period of rehabilitation or construction as identified in the HAP Contract, the maximum number of units for which a Project Owner can receive RAD Rehab Assistance Payments is limited to the number of units eligible for Operating Fund subsidy prior to conversion (which is typically associated with the occupied units). As a result, some units in the Converted Property may not be eligible for Rehab Assistance Payments.

Following the earlier of the end of the construction period identified in the HUD- approved Financing Plan or actual construction, the PHA will no longer be eligible to receive RAD Rehab Assistance Payments, and all units under contract will be eligible for payment only for occupied units or for vacancy payments, as applicable.

6. HQS Inspections. Under current regulations at 24 CFR 983.103(b) a unit

covered under a HAP contract must be inspected and must meet HQS before assistance can be paid on behalf of a household. In addition, section 8(o)(8)(A) of the Act provides that HAP Contract units must be inspected to ensure compliance with HQS prior to payment of any assistance on behalf of a family. Under RAD, HUD requires that all units meet HQS no later than the date of completion of initial repairs as indicated in the RAD Conversion Commitment.

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Consequently, HUD is waiving and establishing an alternative requirement to 24 CFR 983.103(b) and section 8(o)(8)(A) of the Act.

7. Floating Units. For mixed-income Converting Projects where PHAs are

currently exercising their discretion to allow subsidized units to float within a project redeveloped with funding under a Choice Neighborhoods Implementation or HOPE VI grant, or as part of a Mixed-Finance project, upon the request of the Voucher Agency that will administer the Covered Project, HUD will permit PBV assistance to float among unoccupied units within the project having the same bedroom size. A unit to which assistance is floated must be comparable in condition to the unit it is replacing (i.e., the unit must be of the same quality and amenities as the unit it is replacing). Assistance may float from a Section 504 accessible unit only to another Section 504 accessible unit that has the same bedroom size and accessibility features. Units that float are not specifically designated under the HAP contract. Therefore, the requirements in 24 CFR 983.203(c) that the HAP contract provide “the location of each contract unit” and “the area of each contract unit” are waived. Instead, the HAP contract must specify the number and type of units in the property that are designated as RAD units, including any excepted units. From the time of the initial execution of the PBV RAD HAP contract, the property must maintain the same number and type of RAD units, including the same number and type of Section 504 accessible units. Floating units are subject to all of the requirements in this Notice and the PBV regulations, including physical inspections, rent adjustments, and income-mixing requirements. The alternative requirements with respect to floating units do not apply to non-RAD PBV units.

8. Vacancy Payment. If an assisted family moves out of a contract unit, HACM may provide vacancy payments to the owner for a period extending from the beginning of the first calendar month after the move-out month for a period not to exceed two full months following the move-out monthly. HACM may only make vacancy payments to the owner if:

i. The owner gives HACM prompt, written notice certifying that the family has vacated the unit and the date when the family moved out (to the best of the owner’s knowledge and belief);

ii. The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which is claimed;

iii. The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and

iv. The owner provides any additional information required and requested by HACM to verify that the owner is entitled to the vacancy payment.

Part III: RAD Resident Rights & Provisions A. RAD PBV Resident Rights and Participation.

1. No Re-screening of Tenants upon Conversion. Pursuant to the RAD statute, at conversion, current households are not subject to rescreening, income eligibility, or income targeting. Consequently, current households will be grandfathered for conditions that occurred prior to conversion but will be subject to any ongoing

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eligibility requirements for actions that occur after conversion. For example, a unit with a household that was over-income at time of conversion would continue to be treated as an assisted unit. Thus, 24 CFR § 982.201, concerning eligibility and targeting, will not apply for current households.24 Once that remaining household moves out, the unit must be leased to an eligible family.

2. Right to Return. Any resident that may need to temporarily be relocated to facilitate rehabilitation or construction has a right to return to an assisted unit at the Covered Project once rehabilitation or construction is completed. Permanent involuntary displacement of residents may not occur as a result of a project’s conversion of assistance, including, but not limited to, as a result of a change in bedroom distribution, a de minimis reduction of units, the reconfiguration of efficiency apartments, or the repurposing of dwelling units in order to facilitate social service delivery. Where the transfer of assistance to a new site is warranted and approved(see Section 1.4.A.12), residents of the Converting Project will have the right to reside in an assisted unit at the new site once rehabilitation or construction is complete.

3. Renewal of Lease. Upon the resident’s lease expiration, all RAD leases will be

renewed unless good cause exists. Good Cause may include grounds for lease termination, income eligibility, or other non-compliance factors. Good cause will be determined by HACM. This provision must be incorporated into the tenant lease or tenancy addendum, as appropriate. See HUD Form 52530c.

4. Phase-in of Tenant Rent Increases. If a tenant’s monthly rent increases by more than the greater of 10 percent or $25 purely as a result of conversion, the rent increase will be phased in over 3 years. To implement this provision, HUD is specifying alternative requirements for section 3(a)(1) of the Act, as well as 24 CFR § 983.3 (definition of “total tenant payment” (TTP)) to the extent necessary to allow for the phase-in of tenant rent increases.

For purposes of this section “standard TTP” refers to the TTP calculated in accordance with regulations at 24 CFR §5.628 and the “most recently paid TTP” refers to the TTP recorded on line 9j of the family’s most recent HUD Form 50058. If a family in a project converting from Public Housing to PBV was paying a flat rent immediately prior to conversion, HACM should use the flat rent amount to calculate the phase-in amount for Year 1, as illustrated below. Three Year Phase-in:

• Year 1: Any recertification (interim or annual) performed prior to the second annual recertification after conversion – 33% of difference between most recently paid TTP or flat rent and the standard TTP

• Year 2: Year 2 Annual Recertification (AR) and any Interim Recertification (IR) prior to Year 3 AR – 66% of difference between most recently paid TTP and the standard TTP

• Year 3: Year 3 AR and all subsequent recertifications – Full standard TTP

Please Note: Once the standard TTP is equal to or less than the previous TTP, the phase-in ends and tenants will pay full TTP from that point forward.

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5. Family Self Sufficiency (FSS) and Resident Opportunities and Self

Sufficiency Service Coordinator (ROSS-SC) programs. Public Housing residents that are current FSS participants will continue to be eligible for FSS once their housing is converted under RAD, and HACM will be allowed to use any remaining PH FSS funds, to serve those FSS participants who live in units converted by RAD. Due to the program merger between PH FSS and HCV FSS that took place pursuant to the FY14 Appropriations Act (and was continued in the FY15 Appropriations Act), no special provisions are required to continue serving FSS participants that live in public housing units converting to PBV under RAD.

All PHAs will be required to administer the FSS program in accordance with FSS regulations at 24 CFR Part 984, the participants’ contracts of participation, and the alternative requirements established in the “Waivers and Alternative Requirements for the FSS Program” Federal Register notice, published on December 29, 2014, at 79 FR 78100.25 Further, upon conversion to PBV, already escrowed funds for FSS participants shall be transferred into the HCV escrow account and be considered TBRA funds, thus reverting to the HAP account if forfeited by the FSS participant. Current ROSS-SC grantees will be able to finish out their current ROSS-SC grants once their housing is converted under RAD. However, once the property is converted, it will no longer be eligible to be counted towards the unit count for future ROSS-SC grants, nor will its residents be eligible to be served by future ROSS-SC grants, which, by statute, can only serve public housing residents.

6. Resident Participation and Funding. To support resident participation

following conversion of assistance, residents of Covered Projects converting assistance to the PBV program will have the right to establish and operate a resident organization for the purpose of addressing issues related to their living environment, which includes the terms and conditions of their tenancy as well as activities related to housing and community development.

i. Legitimate Resident Organization. A Project Owner must recognize

legitimate resident organizations and give reasonable consideration to concerns raised by legitimate resident organizations. A resident organization is legitimate if it has been established by the residents of a Covered Project, meets regularly, operates democratically, is representative of all residents in the project, and is completely independent of the Project Owner, management, and their representatives. In the absence of a legitimate resident organization at a Covered Project, HUD encourages the Project Owner and residents to work together to determine the most appropriate ways to foster a constructive working relationship, including supporting the information of a legitimate residents organization. Residents are encouraged to contact the Project Owner directly with questions or concerns regarding issues related to their tenancy. Project Owner s are also encouraged to actively engage residents in the absence of a resident organization; and

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ii. Protected Activities. Project Owners must allow residents and resident organizers to conduct the following activities related to the establishment or operation of a resident organization:

a. Distributing leaflets in lobby areas; b. Placing leaflets at or under residents' doors; c. Distributing leaflets in common areas; d. Initiating contact with residents; e. Conducting door-to-door surveys of residents to ascertain interest

in establishing a resident organization and to offer information about resident organizations;

f. Posting information on bulletin boards; g. Assisting resident to participate in resident organization activities; h. Convening regularly scheduled resident organization meetings in

a space on site and accessible to residents, in a manner that is fully independent of management representatives. In order to preserve the independence of resident organizations, management representatives may not attend such meetings unless invited by the resident organization to specific meetings to discuss a specific issue or issues; and

i. Formulating responses to Project Owner's requests for: 1. Rent increases; 2. Partial payment of claims; 3. The conversion from project-based paid utilities to

resident-paid utilities; 4. A reduction in resident utility allowances; 5. Converting residential units to non-residential use,

cooperative housing, or condominiums; 6. Major capital additions; and 7. Prepayment of loans.

In addition to these activities, Project Owners must allow residents and resident organizers to conduct other reasonable activities related to the establishment or operation of a resident organization.

Project Owner s shall not require residents and resident organizers to obtain

prior permission before engaging in the activities permitted in this section. iii. Meeting Space. Project Owners must reasonably make available the use

of any community room or other available space appropriate for meetings that is part of the multifamily housing project when requested by:

a. Residents or a resident organization and used for activities related to the operation of the resident organization; or

b. Residents seeking to establish a resident organization or collectively address issues related to their living environment.

Resident and resident organization meetings must be accessible to persons with disabilities, unless this is impractical for reasons beyond the

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organization's control. If the project has an accessible common area or areas, it will not be impractical to make organizational meetings accessible to persons with disabilities.

Project Owners may charge a reasonable, customary and usual fee, approved by the Secretary as may normally be imposed for the use of such facilities in accordance with procedures prescribed by the Secretary, for the use of meeting space. A PHA may waive this fee.

iv. Resident Organizations. A resident organizer is a resident or non-resident who assists residents in establishing and operating a resident organization, and who is not an employee or representative of current or prospective Project Owners, managers, or their agents. Project Owners must allow resident organizers to assist residents in establishing and operating resident organizations.

v. Canvassing. If a Covered Project has a consistently enforced, written policy against canvassing, then a non-resident resident organizer must be accompanied by a resident while on the property of the project. If a project has a written policy favoring canvassing, any non-resident resident organizer must be afforded the same privileges and rights of access as other uninvited outside parties in the normal course of operations. If the project does not have a consistently enforced, written policy against canvassing, the project shall be treated as if it has a policy favoring canvassing. A resident has the right not to be re-canvassed against his or her wishes regarding participation in a resident organization.

vi. Funding. Project Owners must provide $25 per occupied unit annually for resident participation, of which at least $15 per occupied unit shall be provided to the legitimate resident organization at the covered property. These funds must be used for resident education, organizing around tenancy issues, and training activities. In the absence of a legitimate resident organization at a Covered Project:

a. HUD encourages the Project Owner s and residents to work together to determine the most appropriate ways to foster a constructive working relationship, including supporting the formation of a legitimate residents organization. Residents are encouraged to contact the Project Owner directly with questions or concerns regarding issues related to their tenancy. Project Owner are also encouraged to actively engage residents in the absence of a resident organization; and

b. Project Owner s must make resident participation funds available to residents for organizing activities in accordance with this Notice. Residents must make requests for these funds in writing to

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the Project Owner. These requests will be subject to approval by the Project Owner.

7. Resident Procedural Rights. The following items must be incorporated into

both the Section 8 Administrative Plan and the Project Owner’s lease, which includes the required tenancy addendum, as appropriate.

i. Termination Notification. HUD has incorporated an additional

termination notification requirement to comply with section 6 of the U.S. Housing Act of 1937 as may be amended (the Act) for public housing projects that convert assistance under RAD. In addition to the regulations at 24 CFR § 983.257 related to Project Owner termination of tenancy and eviction the termination procedure for RAD conversions to PBV will require that PHAs provide adequate written notice of termination of the lease which shall not be less than:

a. A reasonable period of time, but not to exceed 30 days: 1. If the health or safety of other tenants, PHA employees, or

persons residing in the immediate vicinity of the premises is threatened; or

2. In the event of any drug-related or violent criminal activity or any felony conviction;

b. 14 days in the case of nonpayment of rent; and c. 30 days in any other case, except that if a State or local law

provides for a shorter period of time, such shorter period shall apply.

ii. Grievance Process. Pursuant to requirements in the RAD Statute, HUD

is establishing additional procedural rights to comply with section 6 of the Act.

For issues related to tenancy and termination of assistance, PBV program rules require the Project Owner to provide an opportunity for an informal hearing, as outlined in 24 CFR § 982.555. RAD will specify alternative requirements for 24 CFR § 982.555(b) in part, which outlines when informal hearings are not required, to require that:

a. In addition to reasons that require an opportunity for an informal hearing given in 24 CFR § 982.555(a)(1)(i)-(vi),26 an opportunity for an informal hearing must be given to residents for any dispute that a resident may have with respect to a Project Owner action in accordance with the individual’s lease or the contract administrator in accordance with RAD PBV requirements that adversely affect the resident’s rights, obligations, welfare, or status.

1. For any hearing required under 24 CFR § 982.555(a)(1)(i)-(vi), the contract administrator will perform the hearing, as is the current standard in the program. The hearing officer must be selected in accordance with 24 CFR § 982.555(e)(4)(i).

2. For any additional hearings required under RAD, the Project Owner will perform the hearing.

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b. There is no right to an informal hearing for class grievances or to disputes between residents not involving the Project Owner or contract administrator.

c. The Project Owner gives residents notice of their ability to request an informal hearing as outlined in 24 CFR § 982.555(c)(1) for informal hearings that will address circumstances that fall outside of the scope of 24 CFR § 982.555(a)(1)(i)-(vi).

d. The Project Owner provides opportunity for an informal hearing before an eviction.

Current PBV program rules require that hearing procedures must be outlined in HACM’s Section 8 Administrative Plan.

8. Earned Income Disregard (EID). Tenants who are employed and are currently

receiving the EID exclusion at the time of conversion will continue to receive the EID after conversion, in accordance with regulations at 24 CFR § 5.617. Upon the expiration of the EID for such families, the rent adjustment shall not be subject to rent phase-in, as described in Section III(A)(4); instead, the rent will automatically rise to the appropriate rent level based upon tenant income at that time.

Under the Housing Choice Voucher program, the EID exclusion is limited only to persons with disabilities (24 CFR § 5.617(b)). In order to allow all tenants (including non-disabled persons) who are employed and currently receiving the EID at the time of conversion to continue to benefit from this exclusion in the PBV project, the provision in section 5.617(b) limiting EID to disabled persons is waived. The waiver, and resulting alternative requirement, apply only to tenants receiving the EID at the time of conversion. No other tenant (e.g., tenants who at one time received the EID but are not receiving the EID exclusion at the time of conversion e.g., due to loss of employment; tenants that move into the property following conversion, etc.,) is covered by this waiver.

9. Jobs Plus. Jobs Plus grantees awarded FY14 and future funds that convert the

Jobs Plus target projects(s) under RAD will be able to finish out their Jobs Plus period of performance at that site unless significant re-location and/or change in building occupancy is planned. If either is planned at the Jobs Plus target project(s), HUD may allow for a modification of the Jobs Plus work plan or may, at the Secretary’s discretion, choose to end the Jobs Plus program at that project.

10. When Total Tenant Payment Exceeds Gross Rent. Under normal PBV rules,

HACM may only select an occupied unit to be included under the PBV HAP contract if the unit’s occupants are eligible for housing assistance payments (24 CFR §983.53(d)). Also, a PHA must remove a unit from the contract when no assistance has been paid for 180 days because the family’s TTP has risen to a level that is equal to or greater than the contract rent, plus any utility allowance, for the unit (i.e., the Gross Rent)) (24 CFR §983.258. Since the rent limitation under this Section of the Notice may often result in a family’s TTP equaling or exceeding the gross rent for the unit, for current residents (i.e residents living in the public housing property prior to conversion), HUD is waiving both of these provisions and requiring that the unit for such families be placed on and/or

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remain under the HAP contract when TTP equals or exceeds than the Gross Rent. Further, HUD is establishing the alternative requirement that the rent to owner for the unit equal the family’s TTP until such time that the family is eligible for a housing assistance payment. HUD is waiving as necessary to implement this alternative provision, the provisions of Section 8(o)(13)(H) of the Act and the implementing regulations at 24 CFR 983.301 as modified by Section 1.6.B.5 of the PIH Notice 2012-32 REV 2. In such cases, the resident is considered a participant under the program and all of the family obligations and protections under RAD and PBV apply to the resident. Likewise, all requirements with respect to the unit, such as compliance with the HQS requirements, apply as long as the unit is under HAP contract. Assistance may subsequently be reinstated if the tenant becomes eligible for assistance. HACM is required to process these individuals through the Form- 50058 submodule in PIC.

Following conversion, 24 CFR §983.53(d) applies, and any new families referred to the RAD PBV project must be initially eligible for a HAP payment at admission to the program, which means their TTP may not exceed the gross rent for the unit at that time. Further, a PHA must remove a unit from the contract when no assistance has been paid for 180 days. If units are removed from the HAP contract because a new admission’s TTP comes to equal or exceed the gross rent for the unit and if the project is fully assisted, HUD is imposing an alternative requirement that HACM must reinstate the unit after the family has vacated the property; and, if the project is partially assisted, HACM may substitute a different unit for the unit on the HAP contract in accordance with 24 CFR §983.207 or, where “floating” units have been permitted.

11. Under-Occupied Unit. If a family is in an under-occupied unit under 24 CFR§ 983.259 at the time of conversion, the family may remain in this unit until an appropriate-sized unit becomes available in the Covered Project. When an appropriate sized unit becomes available in the Covered Project, the family living in the under- occupied unit must move to the appropriate-sized unit within a reasonable period of time, as determined by the administering Voucher Agency. In order to allow the family to remain in the under-occupied unit until an appropriate-sized unit becomes available in the Covered Project, 24 CFR 983.259 is waived.

B. PBV: Other Miscellaneous Provisions

1. Access to Records, Including Requests for Information Related to Evaluation of Demonstration. HACM agrees to provide to HUD, upon a reasonable request, data to support program evaluation, including but not limited to project financial statements, operating data, Choice-Mobility utilization, and rehabilitation work.

2. Additional Monitoring Requirement. HACM’s Board must approve the operating budget for the Covered Project annually in accordance with HUD requirements.

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3. Davis-Bacon Act and Section 3 of the Housing and Urban Development Act of 1968 (Section 3). The Davis-Bacon prevailing wage requirements (prevailing wages, the Contract Work Hours and Safety Standards Act, and other related regulations, rules, and requirements) apply to all initial repairs and new construction that are identified in the Financing Plan to the extent that such repairs or construction qualify as development. ‘‘Development,’’ as applied to work subject to Davis-Bacon requirements on Section 8 projects, encompasses work that constitutes remodeling that alters the nature or type of housing units in a PBV or PBRA project, reconstruction, or a substantial improvement in the quality or kind of original equipment and materials, and is initiated within 18 months of the HAP contract. Development activity does not include replacement of equipment and materials rendered unsatisfactory because of normal wear and tear by items of substantially the same kind. Davis-Bacon requirements apply only to projects with nine or more assisted units.

Section 3 (24 CFR Part 135) applies to all initial repairs and new constructions that are identified in the Financing Plan to the extent that such repairs qualify as construction or rehabilitation. In addition, Section 3 may apply to the project after conversion based on the receipt of the use of federal financial assistance for rehabilitation activities.

4. Establishment of Waiting List. In establishing the waiting list for the converted

project, HACM will utilize the project-specific waiting list that exists at the time of conversion. The waiting list must be established and maintained in accordance with PBV program requirements. If a project-specific waiting list for the project does not exist, HACM shall establish a waiting list in accordance with 24 CFR § 903.7(b)(2)(ii)-(iv) to ensure that applicants on HACM’s public housing community-wide waiting list have been offered placement on the converted project’s initial waiting list. In all cases, HACM has the discretion to determine the most appropriate means of informing applicants on the public housing community-wide waiting list given the number of applicants, HACM resources, and admissions requirements of the projects being converted under RAD. Such activities should be pursuant to HACM’s policies for waiting list management, including the obligation to affirmatively further fair housing. HACM may consider contacting every applicant on the public housing waiting list via direct mailing; advertising the availability of housing to the population that is less likely to apply, both minority and non-minority groups, through various forms of media (e.g., radio stations, posters, newspapers) within the marketing area; informing local non-profit entities and advocacy groups (e.g., disability rights groups); and conducting other outreach as appropriate. Applicants on the agency’s public housing community-wide waiting list who wish to be placed onto the newly-established site-based waiting list must be done so in accordance with the date and time of their original application to the centralized public housing waiting list. Any activities to contact applicants on the public housing waiting list must be conducted in accordance with the requirements for effective communication with persons with disabilities at 24

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CFR § 8.6 and with the obligation to provide meaningful access for persons with limited English proficiency (LEP).

To implement this provision, HUD is specifying alternative requirements for 24 CFR § 983.251(c)(2). However, after the initial waiting list has been established, HACM shall administer its waiting list for the converted project in accordance with 24 CFR § 983.251(c).

5. Mandatory Insurance Coverage. The Covered Project shall maintain at all

times commercially available property and liability insurance to protect the project from financial loss and, to the extent insurance proceeds permit, promptly restore, reconstruct, and/or repair any damaged or destroyed project property.

6. Agreement Waiver. For Public housing conversions to PBV, there will be no Agreement to Enter into a housing Assistance Payments (AHAP) contract. Therefore, all regulatory references to the Agreement (AHAP) including regulations under 24 CFR § 983 Subpart D are waived. Instead, HACM and the owner will enter into a HAP contract before construction begins.

7. Future Refinancing. Project Owners must receive HUD approval for any

refinancing or restructuring of permanent debt during the HAP contract term, to ensure the financing is consistent with long-term preservation. (Current lenders and investors are also likely to require review and approval of refinancing of the primary permanent debt.)

8. Administrative Fees for Public Housing Conversions during Transition

Period. For the remainder of the Calendar Year in which the HAP Contract is effective (i.e. “transition period”), RAD PBV projects will be funded with public housing funds. For example, if the project’s assistance converts effective July 1, 2015, the public housing Annual Contributions Contract (ACC) between HACM and HUD will be amended to reflect the number of units under HAP contract, but will be for zero dollars, and the RAD PBV contract will be funded with public housing money for July through December 2015. Since TBRA is not the source of funds, PHAs should not report leasing and expenses into VMS during this period, and PHAs will not receive section 8 administrative fee funding for converted units during this time. .

For fiscal years 2014 and 2015, PHAs operating HCV program received administrative fees for units under a HAP contract, consistent with recent appropriation act references to "section 8(q) of the [United States Housing Act of 1937] and related appropriations act provisions in effect immediately before the Quality Housing and Responsibility Act of 1998" and 24 CFR § 982.152(b). During the transition period mentioned in the preceding paragraph, these provisions are waived, and PHAs will not receive section 8 ongoing administrative fees for PBV RAD units.

After this transition period, the section 8 ACC will be amended to include section 8 funding that corresponds to the units covered by the section 8 ACC. At that time, the regular section 8 administrative fee funding provisions will apply.

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9. Choice-Mobility. One of the key features of the PBV program is the mobility component, which provides that if the family has elected to terminate the assisted lease at any time after the first year of occupancy in accordance with program requirements, HACM must offer the family the opportunity for continued tenant- based rental assistance, in the form of either assistance under the voucher program or other comparable tenant-based rental assistance.

If as a result of participation in RAD a significant percentage of HACMs HCV program becomes PBV assistance, it is possible for most or all of a HACM’s turnover vouchers to be used to assist those RAD PBV families who wish to exercise mobility. While HUD is committed to ensuring mobility remains a cornerstone of RAD policy, HUD recognizes that it remains important for HACM to still be able to use tenant- based vouchers to address the specific housing needs and priorities of the community. Therefore, HUD is establishing an alternative requirement for PHAs where, as a result of RAD, the total number of PBV units (including RAD PBV units) under HAP contract administered by HACM exceeds 20 percent of HACM’s authorized units under its HCV ACC with HUD.

The alternative mobility policy provides that an eligible voucher agency would not be required to provide more than three-quarters of its turnover vouchers in any single year to the residents of Covered Projects. To effectuate this provision, HUD is providing an alternative requirement to Section 8(o)(13)(E) of the Act and 24 CFR part 983.261(c). Please note that this alternative requirement does not apply to PBVs entered into outside of the context of RAD.

10. Reserve for Replacement. The Project Owner shall establish and maintain a

replacement reserve in an interest-bearing account to aid in funding extraordinary maintenance and repair and replacement of capital items in accordance with applicable regulations. The reserve must be built up to and maintained at a level determined by HUD to be sufficient to meet projected requirements. For FHA transactions, Replacement Reserves shall be maintained in accordance with the FHA Regulatory Agreement. For all other transactions, Replacement Reserves shall be maintained in a bank account covered under a General Depository Agreement (HUD- 51999) or similar instrument, as approved by HUD, where funds will be held by the

Project Owner or mortgagee and may be drawn from the reserve account and used subject to HUD guidelines and as directed by HUD.

11. Relocation Plans. HACM is determining the relocation needs of a development on a site-by-site basis. The majority of HACM’s RAD conversions will be pursuing a plan that will allow for tenant in place rehabilitation, which will require no relocation. If a resident must be temporarily relocated, it will be at no expense to the resident. The relocation options will be to a vacant unit in the same development, a vacant unit in another HACM development or a vacant unit in the private market. If the relocation requires residents to be relocated, all

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displaced households will be relocated to comparable dwellings with rights and protections provided under The Uniform Relocation Act 49 CFR part 24. Relocation plans will be available on HACM’s website www.hacm.org. HACM will submit an Accessibility and Relocation Checklist to HUD for development with its financing plan as required by the RAD Notice.

GLOSSARY 50058 Form: The HUD form that housing authorities are required to complete and electronically submit to HUD for each assisted household in public housing to record information used in the certification and re-certification process and, at the option of the housing authority, for interim reexaminations. Housing Authorities must retain at a minimum the last three years of the form 50058, and supporting documentation, during the term of each assisted lease, and for a period of at least three years from the end of participation date. Electronic retention of form HUD 50058 and HUD 50058-FSS and supporting documentation fulfills the record retention requirement. The 50058s must be submitted to HUD no later than 60 calendar days from the effective date of actions recorded in Line 2b.

1937 Housing Act: The United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] Absorption: In portability, the point at which a receiving housing authority stops billing the initial Housing Authority for assistance on behalf of a portable family. [24 CFR § 982.4]

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Actual and imminent threat: a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: The duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. Adjusted Annual Income: The amount of household income, after deductions for specified allowances, on which a participant’s rent is based. Administrative fee: Fee paid by HUD to the housing authority for the administration of the program. Administrative Plan: The plan that describes housing authority policies for the administration of the tenant-based program. Admission: The point when the family becomes a participant in the program. In a tenant-based program, the date used for this purpose is the effective date of the first HAP Contract for a family (first day of initial lease term). Adult: A household member who is 18 years or older or who is the head of the household, or spouse, or co-head. An adult must have the legal capacity to enter a lease under State and local law. Affiliated Individual – with respect to an individual – (1) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in place of a parent or guardian (for example, the affiliated individual is a person in care, custody or control of that individual); or (2) any individual, tenant, or lawful occupant living in the household of that individual. Allowances: Amounts deducted from the household’s annual income in determining adjusted annual income (the income amount used in the rent calculation). Allowances are given for elderly families, dependents, medical expenses for elderly families, disability expenses, and child care expenses for children under 13 years of age. Other allowances can be given at the discretion of the housing authority. Amortization Payment: In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home. If furniture was included in the purchase price, the debt service must be reduced by 15% to exclude the cost of the furniture. The amortization cost is the initial financing, not refinancing. Set-up charges may be included in the monthly amortization payment. Annual Contributions Contract (ACC): The written contract between HUD and a housing authority under which HUD agrees to provide funding for a program under the 1937 Act, and the housing authority agrees to comply with HUD requirements for the program. Annual Income: All amounts, monetary or not, that:

a. Go to (or on behalf of ) the family head or spouse (even if temporarily

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absent) or to any other family member, or

b. Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and

c. Are not specifically excluded from Annual Income.

d. Annual Income also includes amounts derived (during the 12-month period)

from assets to which any member of the family has access. Applicant (applicant family): A family that has applied for admission to a program but is not yet a participant in the program. Assets: see net family assets. Asset Income: Income received from assets held by household members. If assets total more than $5,000, income from the assets is “imputed” and the greater of actual asset income and imputed asset income is counted in annual income. Assisted lease (lease): A written agreement between an owner and a family for the leasing of a dwelling unit to the family. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the housing authority. Bifurcate: means to divide a lease as a matter of law, subject to the permissibility of such process under the requirements of the applicable HUD covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants. Business Days: Days the housing authority is open for business. Certification: The examination of a household’s income, expenses, and family composition to determine the household’s eligibility for program participation and to calculate the household’s rent for the following 12 months. Child: For purposes of citizenship regulations, 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 his or her 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 childcare 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.

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Common space: In shared housing: Space available for use by the assisted family and other occupants of the unit.

Congregate housing: Housing for elderly or persons with disabilities that meets the HQS for congregate housing. Consent form: Any consent form approved by HUD to be signed by assistance applicants and participants for the purpose of obtaining income information from employers and SWICAs, return information from the Social Security Administration, and return information for unearned income from the Internal Revenue Service. The consent forms may authorize the collection of other information from assistance applicants or participants to determine eligibility or level of benefits. Continuously assisted: An applicant is continuously assisted under the 1937 Housing Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the Voucher Program. Contiguous MSA: In portability, an MSA that shares a common boundary with the MSA in which the jurisdiction of the initial housing authority is located. Continuously assisted: An applicant is continuously assisted under the 1937 Housing Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the Housing Choice Voucher Program or is temporarily residing in a shelter for a legitimate reason. Cooperative: Housing owned by a corporation or association, and where a member of the corporation or association has the right to reside in a particular unit, and to participate in management of the housing. Cooperative member: A family of which one or more members owns membership shares in a cooperative. Covered Families: Families who receive welfare assistance or other public assistance benefits (“welfare benefits”) from a State or other public agency (“welfare agency”) under a program for which Federal, State, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for such assistance. Covered Person: For purposes of the anti-drug provisions of this policy, a covered person is a resident, any member of the resident’s household, a guest or another person under the resident’s control. Currently engaging in: With respect to behavior such as illegal use of a drug, other drug-related criminal activity, or other criminal activity, currently engaging in means that the individual has engaged in the behavior recently enough to justify a reasonable belief that the individual’s behavior is current. Arrests alone are not sufficient evidence of criminal activity.

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Dating Violence: The term “dating violence” means violence committed by a person – (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. 42 U.S.C. § 13925(a)(10) Decent, safe, and sanitary: Housing is decent, safe, and sanitary if it satisfies the applicable housing quality standards Development: A residential building or set of building grouped for the purpose of management. (See § 990.265; 79 FR 55006) Department: The Department of Housing and Urban Development. Dependent: A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Disability assistance expenses: Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. 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 family: A family in which each member, or whose sole member, is a person displaced by governmental action (such as urban renewal), 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. Displaced person: A person displaced by governmental action (such as urban renewal), 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. Domestic Violence: The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner, 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 “spouse or intimate partner of the victim” includes a person who is or has been in a social

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relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Domicile: The legal residence of the household head or spouse as determined in accordance with State and local law. Drug: means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug-related criminal activity: Illegal use or personal use of a controlled substance, and the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use, of a controlled substance. Drug trafficking: The illegal manufacture, sale, or distribution, or the possession with intent to manufacture, sell, or distribute, of a controlled substance. Economic self-sufficiency program: Any program designed to encourage, assist, train or facilitate the economic independence of HUD-assisted families or to provide work for such families. These programs include programs for job training, employment counseling, work placement, basic skills training, education, English proficiency, workfare, financial or household management, apprenticeship, and any program necessary to ready a participant for work (including a substance abuse or mental health treatment program), or other work activities. Elderly family: A family whose head, spouse, or sole member is a person who is at least 62 years of age; or two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides. Elderly person: A person who is at least 62 years of age. Evidence of citizenship or eligible status: The documents that must be submitted to evidence citizenship or eligible immigration status. Exception rent: An amount that exceeds the published fair market rent. Extremely low-income families: A very low-income family Those families whose incomes does not exceed 30% of the median income for the area, as determined by HUD with adjustments for smaller and larger families, or the Federal poverty level, except that HUD may establish income ceilings higher or lower than 30% of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes. Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.). Fair market rent (FMR): The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid

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in the housing market area to rent privately-owned existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. FMRs are published periodically in the Federal Register. Family includes but is not limited to: 1. A single person, who may be an elderly person, displaced person, disabled person,

near-elderly person, or any other single person; or 2. A group of persons residing together, and such group includes, but is not limited to:

a. A family with or without children (the temporary absence of a child from the home due to placement in foster care shall not be considered in determining family composition and family size);

b. An elderly family; c. A near-elderly family; d. A disabled family; e. A displaced family; f. The remaining member of a tenant family; and g. A single person who is not an elderly or displaced person, or a person with

disabilities, or the remaining member of a tenant family. Family members: include all household members except live-in aides, foster children and foster adults. All family members permanently reside in the unit, though they may be temporarily absent. Family Rent to Owner: In the voucher program, the portion of rent to owner paid by the family. Family self-sufficiency program (FSS program): The program established by a housing authority to promote self-sufficiency of assisted families, including the coordination of supportive services (42 U.S.C. 1437u). Family share: The portion of rent and utilities paid by the family or the gross rent minus the amount of the housing assistance payment. Family unit size: The appropriate number of bedrooms for a family as determined by the housing authority under the housing authority’s subsidy standards. First-time homeowner: In the homeownership option, a family of which no member owned any present ownership interest in a residence of any family member during the three years before commencement of homeownership assistance for the family. The term ``first-time homeowner'' includes a single parent or displaced homemaker (as those terms are defined in 12 U.S.C. 12713) who, while married, owned a home with his or her spouse, or resided in a home owned by his or her spouse. 52665 Form: The HUD form that housing authorities are required to complete for each assisted household to record information used, in the certification and re-certification process, and, at the option of the housing authority, for interim reexaminations.

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FMR/exception rent limit: The Section 8 existing housing fair market rent published by HUD headquarters, or any exception rent. For a tenancy in the Voucher Program, the housing authority may adopt a payment standard up to the FMR/exception rent limit. Full-time employment: Employment that averages at least 30 hours per week. This can include self-employment as long as the employees earn at least the average of the federal minimum wage over a 30 hour period.

Full-time student: A person who is attending school or vocational training on a full-time

basis as defined by the institution. Gender identity: Actual or perceived gender-related characteristics.

Gross rent: The sum of the rent to the owner plus any utilities. 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). Guest: Means a person temporarily staying in the unit with the consent of a resident or other member of the household who has express or implied authority to so consent on behalf of the resident. Head of household: The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Home: In the homeownership option: A dwelling unit for which RAP pays homeownership assistance. Homeless (as defined for 50058 reporting purposes): An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:


b. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or

c. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;

or Any individual or family who:

a. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault,

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stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; and

b. Has no other residence; and c. Lacks the resources or support networks, e.g. family, friends, and faith-based or

other social networks, to obtain other permanent housing. Homeowner: In the homeownership option, a family of which one or more members owns title to the home. Homeownership assistance: In the homeownership option, monthly homeownership assistance payments by RAP. Homeownership assistance payment may be paid to the family, or to a mortgage lender on behalf of the family. Homeownership expenses: In the homeownership option, a family's allowable monthly expenses for the home, as determined by RAP in accordance with HUD requirements. Homeownership option: Assistance for a homeowner or cooperative member under Sec. 982.625 to Sec. 982.641. A special housing type. Household members: include all individuals who reside or will reside in the unit and who are listed on the lease, including live-in aides, foster children and foster adults. Housing Assistance Payment (HAP): The monthly assistance by a housing authority, which includes (1) a payment to the owner for rent to the owner under the family’s lease, and (2) an additional payment to the family if the total assistance payment exceeds the rent to owner. Housing quality standards (HQS): The HUD minimum quality standards for housing assisted under the Section 8 program. Housing voucher: A document issued by a housing authority to a family selected for admission to the Voucher Program. This document describes the program and the procedures for housing authority approval of a unit selected by the family. The voucher also states the obligations of the family under the program. Housing voucher holder: A family that has an unexpired housing voucher. Immediate Family Member: a spouse, parent, brother or sister, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or any other person living in the household of that person and related to that person by blood or marriage. Imputed income: For households with net family assets of more than $5,000, the amount calculated by multiplying net family assets by a HUD-specified percentage. If imputed income is more than actual income from assets, the imputed amount is used in determining annual income. Imputed welfare income: The amount of annual income not actually received by a family,

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as a result of a specified welfare benefit reduction, that is nonetheless included in the family’s annual income for purposes of determining rent. Income category: Designates a family’s income range. There are three categories: low income, very low income and extremely low-income. Incremental income: The increased portion of income between the total amount of welfare and earnings of a family member prior to enrollment in a training program and welfare and earnings of the family member after enrollment in the training program. All other amounts, increases and decreases, are treated in the usual manner in determining annual income. Initial Housing Authority: In portability, both: (1) a housing authority that originally selected a family that later decides to move out of the jurisdiction of the selecting housing authority; and (2) a housing authority that absorbed a family that later decides to move out of the jurisdiction of the absorbing housing authority. Initial payment standard: The payment standard at the beginning of the HAP contract term. Initial rent to owner: The rent to owner at the beginning of the initial lease term. Interest in the home: In the homeownership option:

a. In the case of assistance for a homeowner, “interest in the home” includes title to the home, any lease or other right to occupy the home, or any other present interest in the home.

b. In the case of assistance for a cooperative member, “interest in the home” includes ownership of membership shares in the cooperative, any lease or other right to occupy the home, or any other present interest in the home.

Interim (examination): A reexamination of a household’s income, expenses, and household status conducted between the annual recertifications when a change in a household’s circumstances warrant such a reexamination. Jurisdiction: The area in which the housing authority has authority under State and local law to administer the program. Law enforcement agency: The National Crime Information Center (NCIC), police departments and other law enforcement agencies that hold criminal conviction records. Lease: A written agreement between an owner and tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP Contract between the owner and the housing authority. Legal capacity: The participant is bound by the terms of the lease and may enforce the terms of the lease against the owner. Life-threatening: (1) Gas (natural or liquid petroleum) leak or fumes. A life-threatening condition under this standard is one of the following: (a) A fuel storage vessel, fluid line, valve, or connection that supplies fuel to a HVAC unit is leaking; or (b) a strong gas odor

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detected with potential for explosion or fire, or that results in health risk if inhaled. (2) Electrical hazards that could result in shock or fire. A life-threatening condition under this standard is one of the following: (a) A light fixture is readily accessible, is not securely mounted to the ceiling or wall, and electrical connections or wires are exposed; (b) a light fixture is hanging by its wires; (c) a light fixture has a missing or broken bulb, and the open socket is readily accessible to the tenant during the day to day use of the unit; (d) a receptacle (outlet) or switch is missing or broken and electrical connections or wires are exposed; (e) a receptacle (outlet) or switch has a missing or damaged cover plate and electrical connections or wires are exposed; (f) an open circuit breaker position is not appropriately blanked off in a panel board, main panel board or other electrical box that contains circuit breakers or fuses; (g) a cover is missing from any electrical device box, panel box, switch gear box, control panel, etc., and there are exposed electrical connections; (h) any nicks, abrasions, or fraying of the insulation that expose conducting wire; (i) exposed bare wires or electrical connections; (j) any condition that results in openings in electrical panels or electrical control device enclosures; (k) water leaking or ponding near any electrical device; or (l) any condition that poses a serious risk of electrocution or fire and poses an immediate life-threatening condition. (3) Inoperable or missing smoke detector. A life-threatening condition under this standard is one of the following: (a) the smoke detector is missing; or (b) the smoke detector does not function as it should. (4) Interior air quality. A life-threatening condition under this standard is one of the following: (a) the carbon monoxide detector is missing; or (b) the carbon monoxide detector does not function as it should. (5) Gas/oil fired water heater or heating, ventilation, or cooling system with missing, damaged, improper, or misaligned chimney or venting. A life-threatening condition under this standard is one of the following: (a) The chimney or venting system on a fuel fired water heater is misaligned, negatively pitched, or damaged, which may cause improper or dangerous venting of gases; (b) a gas dryer vent is missing, damaged, or is visually determined to be inoperable, or the dryer exhaust is not vented to the outside; (c) a fuel fired space heater is not properly vented or lacks available combustion air; (d) a non-vented space heater is present; (e) safety devices on a fuel fired space heater are missing or damaged; or (f) the chimney or venting system on a fuel fired heating, ventilation, or cooling system is misaligned, negatively pitched, or damaged which may cause improper or dangerous venting of gases. (6) Lack of alternative means of exit in case of fire or blocked egress. A life-threatening condition under this standard is one of the following: (a) Any of the components that affect the function of the fire escape are missing or damaged; (b) stored items or other barriers restrict or prevent the use of the fire escape in the event of an emergency; or (c) the building’s emergency exit is blocked or impeded, thus limiting the ability of occupants to exit in a fire or other emergency. (7) Other interior hazards. A life-threatening condition under this standard is a fire extinguisher (where required) that is missing, damaged, discharged, overcharged, or expired. (8) Deteriorated paint, as defined by 24 CFR 35.110, in a unit built before 1978 that is to be

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occupied by a family with a child under 6 years of age. This a life-threatening condition only for the purpose of a condition that would prevent a family from moving into the unit. All lead hazard reduction requirements in 24 CFR part 35, including the timeline for lead hazard reduction procedures, still apply. (9) Any other condition subsequently identified by HUD as life-threatening in a notice published in the Federal Register. HUD will notify RAP if such changes are made. (10) Any other condition identified by RAP as life-threatening n this administrative plan prior to the HUD Notice published in the January 18, 2017 Federal Register taking effect. Live-in aide: A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:

a. Is determined to be essential to the care and well-being of the persons; b. Is not obligated for the support of the persons; and c. Would not be living in the unit except to provide the necessary supportive services.

A live-in aide is not a party to the lease.

Low-income families: Those families whose incomes do not exceed 80% of the median income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80% of the median for the area on the basis of HUD’s findings that such variations are necessary because of unusually high or low family incomes. Manufactured 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. Manufacture home space: In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space. Medical expenses: 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. Membership shares: In the homeownership option, shares in a cooperative. By owning such cooperative shares, the share-owner has the right to reside in a particular unit in the cooperative, and the right to participate in management of the housing. Mixed family: A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status.

Moderate rehabilitation: Rehabilitation involving a minimum expenditure of $1000 for a unit, including its prorated share of work to be accomplished on common areas or systems, to:

a. upgrade to decent, safe and sanitary condition to comply with the Housing Quality Standards or other standards approved by HUD, from a condition below these standards (improvements being of a modest nature and other than routine

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maintenance); or b. repair or replace major building systems or components in danger of failure.

Monthly adjusted income: One twelfth of adjusted income. Monthly income: One twelfth of annual income. 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. Near-elderly family: A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons who are at least 50 years of age but below the age of 62 living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides. Net family assets:

a. Net cash value after deducting reasonable costs that would be incurred in disposal 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.

b. 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.

c. In determining net family assets, housing authorities 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 thereof. 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.

d. For purposes of determining annual income under Section 8 Homeownership, the term “net family assets”’ does not include the value of a home currently being purchased with assistance under the Section 8 Homeownership Program. This exclusion is limited to the first 10 years after the purchase date of the home.

Non-life-threatening: Conditions that fail to meet the housing quality standards (HQS) and

do not meet the definition of life-threatening as defined above. Non-citizen: 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

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funding. Occupancy standards: The standards that the housing authority establishes for determining the appropriate number of bedrooms needed to house families of different sizes or composition Other person under the tenant’s control: For the purposes of the definition of covered person it means the person, although not staying as a guest (as defined in this section) in the unit, is, or was at the time of the activity in question, on the premises (as premises is defined in this section) because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant’s control. Owner: Any person or entity, including a cooperative, having the legal right to lease or sublease existing housing. In the anti-drug related Areas of this policy, it means the owner of federally assisted housing. Participant (participant family): A family that has been admitted to the housing authority’s 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 housing authority for the family (first day of initial lease). Payment standard: In a voucher tenancy, the maximum monthly assistance payment for a family (before deducting the total tenant payment by family contribution). For a voucher tenancy, the housing authority sets a payment standard in the range from 90% to 110% of the current FMR. Person with disabilities: A person who:

A. Has a disability as defined in 42 U.S.C. 423

B. Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that:

1. Is expected to be of long-continued and indefinite duration;

2. Substantially impedes his or her ability to live independently; and

3. Is of such a nature that the ability to live independently could be

improved by more suitable housing conditions; or

C. Has a developmental disability as defined in 42 U.S.C. 6001

This definition does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.

For purposes of qualifying for low-income housing, it does not include a person whose disability is based solely on any drug or alcohol dependence.

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Personally Identifiable Information (PII): Information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. Portability: Renting a dwelling unit with Section 8 tenant-based assistance outside the jurisdiction of the initial housing authority. Premises: The building or complex in which the dwelling unit is located, including common areas and grounds. For purposes of the anti-drug provisions of this policy it means the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds. Present ownership interest: In the homeownership option, “Present ownership option” in a residence includes title, in whole or in part, to a residence, or ownership, in whole or in part, of membership shares in a cooperative. “Present ownership interest” in a residence does not include the right to purchase title to the residence under a lease-purchase agreement. Preservation: This program encourages owners of eligible multifamily housing projects to preserve low-income housing affordability and availability while reducing the long-term cost of providing rental assistance. The program offers several approaches to restructuring the debt of properties developed with project-based Section 8 assistance whose HAP contracts are about to expire. Private space: In shared housing: The portion of a contract unit that is for the exclusive use of an assisted family. Processing Entity: The person or entity who is responsible for making eligibility and related determinations and an income reexamination. In the Section 8 and public housing programs the processing entity is the responsibility entity. Project-Based Assistance Program: A Section 8 program administered by an Housing Authority pursuant to 24 CFR part 983, as amended by HUD in the Federal Register, Vol. 66, No. 10 on January 16, 2001 Revisions to PHA Project-Based Assistance Program; Initial Guidance. Proration of assistance: The reduction in a family’s housing assistance payment to reflect the proportion of family members in a mixed family who are eligible for assistance. Public Housing: Housing assisted under the 1937 Act, other than under Section 8. Public housing includes dwelling units in a mixed finance project that are assisted by a PHA with capital or operating funds. Public Housing Agency: A State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) authorized to engage in or assist in the development or operation of low-income housing. Reasonable rent: A rent to owner that is not more than charged: (a) for comparable units in

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the private unassisted market; and (b) for a comparable unassisted unit in the premises. Reasonable rent is further defined by PIH Notice 2020-19. Receiving Housing Authority: In portability, a housing authority that receives a family selected for participation in the tenant-based program of another housing authority. The receiving housing authority issues a voucher, and provides program assistance to the family. Re-certification: A reexamination of a household’s income, expenses, and family composition to determine the household’s rent for the following 12 months. Remaining member of a tenant family: A member of the family listed on the lease who continues to live in an assisted household after all other family members have left. Rent to owner: The monthly rent payable to the owner under the lease. Rent to owner covers payment for any housing services, maintenance, and utilities that the owner is required to provide and pay for. Responsible Entity:

A. For the public housing program, the Section 8 tenant-based assistance program (24 CFR Part 982), and the Section 8 project-based certificate or voucher program (24 CFR Part 983), and the Section 8 moderate rehabilitation program (24 CFR Part 882), responsible entity means the PHA administering the program under an ACC with HUD;

B. For all other Section 8 programs, responsible entity means the Section 8

project owner. Risk assessment: In the context of lead-based paint it means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including:

A. Information gathering regarding the age and history of the housing and

occupancy by children under age 6; B. Visual inspection; C. Limited wipe sampling or other environmental sampling techniques; D. Other activity as may be appropriate; and E. Provision of a report explaining the results of the investigation.

Sensitive Personally Identifiable Information: PII that when lost, compromised or disclosed without authorization could substantially harm an individual. Examples of sensitive PII include social security or driver’s license numbers, medical records, and financial account numbers such as credit or debit card numbers. Set-up charges: In a manufactured home space rental, charges payable by the family for assembly, skirting and anchoring the manufactured home.

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Sexual orientation: Homosexuality, heterosexuality, or bisexuality. Sexual assault: The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. 42 U.S.C. § 13925(a)(29) Shared housing: A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. Shelter allowance: That portion of a welfare benefit (e.g., TANF) that the welfare agency designates to be used for rent and utilities. Single person: Someone living alone or intending to live alone who does not qualify as an elderly person, a person with disabilities, a displaced person, or the remaining member of a tenant family. Single room occupancy housing (SRO): A unit for occupancy by a single eligible individual capable of independent living that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. Special admission: Admission of an applicant that is not on the housing authority waiting list, or admission without considering the applicant’s waiting list position. Special housing types: Special housing types include: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental). Specified welfare benefit reduction:

A. A reduction of welfare benefits by the welfare agency, in whole or in part, for a family member, as determined by the welfare agency, because of fraud by a family member in connection with the welfare program; or because of welfare agency sanction against a family member for noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program.

B. “Specified welfare benefit reduction” does not include a reduction or

termination of welfare benefits by the welfare agency:

1. at the expiration of a lifetime or other time limit on the payment of welfare benefits;

2. because a family member is not able to obtain employment, even

though the family member has complied with welfare agency economic self-sufficiency or work activities requirements; or

3. because a family member has not complied with other welfare agency

requirements.

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Stalking: 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 (i) that person; (ii) a member of the immediate family of that person; or (iii) the spouse or intimate partner of that person. State Wage Information Collection Agency (SWICA): The State agency receiving quarterly wage reports from employers in the State, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information. Statement of family responsibility: An agreement in the form prescribed by HUD, between the housing authority and a family to be assisted under the Moderate Rehabilitation Program, stating the obligations and responsibilities of the family. Statement of homeowner obligations: In the homeownership option, the family’s agreement to comply with program obligations. Subsidy standards: Standards established by a housing authority 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, for such period as determined by the housing authority, from the time when the family submits a request for housing authority approval to lease a unit, until the time when the housing authority approves or denies the request. Also referred to as tolling. Temporarily absent: A person or persons not actually residing in a unit for a period of time while still maintaining control of the unit. If the absence exceeds ninety (90) calendar days, the Housing Authority must agree to the absence. Tenant: The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit. Third-party (verification): Oral or written confirmation of a household’s income, expenses, or household composition provided by a source outside the household, such as an employer, doctor, school official, etc. Tolling: see Suspension.

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Total tenant payment (TTP):

(1) Total tenant payment is the amount calculated under Section 3(a)(1) of the 1937 Act which is the higher of:

a. 30% of the family’s monthly adjusted income;

b. 10% of the family’s monthly income;

c. Minimum rent; or

d. if the family is receiving payments for welfare assistance from a public

agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated.

(2) If the family’s welfare assistance is ratably reduced from the standard of need by

applying a percentage, the amount calculated under Section 3(a)(1) shall be the amount resulting from one application of the percentage.

Tuition: The amount of tuition and required fees covering a full academic year most frequently charged to students. These values represent what a typical student would be charged and may not be the same for all students at an institution. If tuition is charged on a per-credit-hour basis, the average full-time credit hour load for an entire academic year is used to estimate average tuition. Required fees include all fixed sum charges that are required of a large proportion of all students. The student who does not pay the charges is an exception. Verification of tuition and fees can be obtained from the student’s bill or annual statement, by contacting the bursar’s office, or from the school’s website. Examples of required fees include, but are not limited to, writing and science lab fees and fees specific to the student’s major or program (i.e., nursing program). Expenses related to attending an institution of higher education must not be included as tuition. Examples of these expenses include, but are not limited to, room and board, books, supplies, meal plans, transportation and parking, student health insurance plans, and other non-fixed sum charges. For Section 8 programs only, PHAs must include amounts of financial assistance an individual receives in excess of tuition and other required fees and charges when determining annual income. Units owned by the HACM: only if the unit is in a project that is one of the following categories: (1) Owned by a HACM. (2) Owned by an entity wholly controlled by the HACM. (3) Owned by a limited liability company or limited partnership in which the HACM (or an entity wholly controlled the HACM) holds a controlling interest in the managing member or general partner. A “controlling interest” is (A) holding more than 50 percent of the stock of any corporation; (B) having the power to appoint more than 50

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percent of the members of the board of directors of a non-stock corporation (such as a non-profit corporation); (C) where more than 50 percent of the members of the board of directors of any corporation also serve as directors, officers or employees of the HACM; (D) holding more than 50 percent of all managing member interests in an LLC; (E) holding more than 50 percent of all general partner interests in a partnership; or (F) equivalent levels of control in other organizational structures. Units in which HACM has a different ownership interest are no longer considered to be owned by the HACM. In order to be considered a “HACM-owned” unit as described above, the HACM must have ownership interest in the building itself, not simply the land beneath the building. Utility allowance: If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a housing authority or HUD of the monthly cost 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 healthful living environment. Utility hook-up charge: In a manufactured home space rental, costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines. Utility reimbursement: In the voucher program, the portion of the housing assistance payment that exceeds the amount of the rent to owner. It is only paid when the housing assistance payment exceeds the rent to owner. In the certificate program, if the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant 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 the monthly cost 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 healthful living environment. VAWA: the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.). Verification:

a. The process of obtaining statements from individuals who can attest to the accuracy of the amounts of income, expenses, or household member status (e.g., employers, public assistance agency staff, doctors).

b. The three types of verification are:

(1) Third-party verification, either written or oral, obtained from employers, public assistance agencies, schools, etc.

(2) Documentation such as a copy of a birth certificate or bank statement

(3) Family certification or declaration (only used when third-party or documentation verification is not available)

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Very low-income families: Families whose incomes do not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 50% of the median for the area if HUD finds that such variations are necessary because of unusually high or low family incomes. Violent criminal activity: Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonabley likely to cause, serious bodily injury or property damage. Arrests alone are not sufficient evidence of criminal activity. Voucher (rental voucher): A document issued by a housing authority to a family selected for admission to the Housing Choice Voucher Program. This document describes the program and the procedures for housing authority approval of a unit selected by the family and states the obligations of the family under the program. Voucher holder: A family holding a voucher with unexpired search time. Waiting list admission: An admission from the housing authority waiting list. [24 CFR § 982.4] Welfare Assistance: Welfare or other payments to families or individuals, based on need, that are made under programs funded, separately or jointly, by Federal, State or local governments (including assistance provided under the Temporary Assistance for Needy Families (TANF) program, as that term is defined under the implementing regulations issued by the Department of Health and Human Services at 45 CFR 260.31). 45 CFR 260.31 defines the term “assistance” to include cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). It includes such benefits even when they are:

A. Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual recipients; and

B. Conditioned on participation in work experience or community service (or

any other work activity under 45 CFR 261.30). Except where excluded later in this definition, it also includes supportive services such as transportation and childcare provided to families who are not employed. The term “assistance” excludes:

A. Non-recurrent, short-term benefits that:

1. Are designed to deal with a specific crisis situation or episode of need;

2. Are not intended to meet recurrent or ongoing needs; and 3. Will not extend beyond four months.

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B. Work subsidies (i.e., payments to employers or third parties to help cover the

costs of employee wages, benefits, supervision, and training);

C. Supportive services such as child care and transportation provided to families who are employed;

D. Refundable earned income tax credits;

E. Contributions to, and distributions from, Individual Development Accounts;

F. Services such as counseling, case management, peer support, childcare

information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and

F. Transportation benefits provided under a Job Access or Reverse Commute

project, pursuant to section 404(k) of the Act, to an individual who is not otherwise receiving assistance.

Welfare rent: In “as-paid” welfare programs, the amount of the welfare benefit designated for shelter and utilities. Welfare -to-Work (WTW) families: Families assisted with voucher funding awarded under the HUD welfare-to-work voucher program.

Written notification: All written notifications required in this policy shall be hand delivered with a signed receipt or mailed via first class mail unless specified otherwise.

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ACRONYMS ACC Annual Contributions Contract AHAP Agreement to Enter into a Housing Assistance Payments contract CACC Consolidated Annual Contributions Contract

CFR Code of Federal Regulations FMR Fair Market Rent FSS Family Self Sufficiency (program) HA Housing Authority HAP Housing Assistance Payment HCDA Housing and Community Development Act HQS Housing Quality Standards HUD Department of Housing and Urban Development INS (U.S.) Immigration and Naturalization Service NAHA (Cranston-Gonzalez) National Affordable Housing Act NOFA Notice of Funding Availability OMB (U.S.) Office of Management and Budget PBC Project-Based Certificate (program) QHWRA Quality Housing and Work Responsibility Act of 1998 PHA Public Housing Agency RAD Rental Assistance Demonstration Program TTP Total Tenant Payment VAWA Violence Against Women and Department of Justice Reauthorization Act of 2005

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Attachment C: HUD-50077-CR

Civil Rts Certification

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Attachment D: HUD-50077-ST-HCV-HP Certification - Standard

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Page 1 of 2 form HUD-50077-ST-HCV-HP (12/2014)

Certifications of Compliance with PHA Plans and Related Regulations (Standard, Troubled, HCV-Only, and High Performer PHAs)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

OMB No. 2577-0226 Expires 02/29/2016

PHA Certifications of Compliance with the PHA Plan and Related Regulations including

Required Civil Rights Certifications

Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or___ Annual PHA Plan for the PHA fiscal year beginning ________, hereinafter referred to as” the Plan”, of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof:

1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located.

2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan.

3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.

4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment.

5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.

6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions.

7. For PHA Plans that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner

(as specified in PIH Notice 2010-25); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in

which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site;

• Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD;

• The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing;

• The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1).

8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975.

9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.

10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.

11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.

12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a).

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Attachment G: Public Notice

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