slide 1 Sponsored by the Texas Department of Housing and Community Affairs and Department of Housing and Urban Development Under Contract with ICF Consulting TDHCA TBRA Implementation Clinic
Mar 26, 2015
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Sponsored by the Texas Department of Housing and Community Affairs and Department of Housing and Urban Development
Under Contract with ICF Consulting
TDHCA TBRA Implementation Clinic
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TRAINERS
Phil Jones and Frank BangorICF Consulting
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CHDO Input TDHCA is in the process of evaluating how
the Department is working with CHDOs. We want your input--On your evaluation
please let us know what you think What type of Technical Assistance needs do you
have? Do you have an active Board or do they need help
with direction? Business Planning? What type of capacity building issues can you
project for the future?
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WHO ARE YOU?
Experience in Housing and CD6 Mo. 2 Years 5 Years 10+ Years
Experience in HOME
6 Mo. 2 Years 5 Years 10+ Years
HOME Knowledge and ExpertiseAwesome Pretty Good Not Bad Don't Ask!
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Who are you? Are you a unit of local government ? Are you a non-profit agency? Are you a PHA? Were you awarded Olmstead Set-aside
Funds to administer TBRA? How many have Section 8 experience? How many are learning this materials for the
first time?
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WHY ARE WE ALL HERE?
Information Advice Share Techniques Learn Together
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WHAT YOU CAN EXPECT
Too much information Brain overload!
Some surprises Some "I don't knows"
and "IOUs" from us Some questions to you
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Agenda HOME Materials/Handouts HOME TBRA Requirements
Eligible use of TBRA funds Eligible forms of assistance Eligible costs Property standards Eligible applicant
TBRA Program Monitoring Checklists for Program and Project
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Agenda (continued) Income Eligibility Calculation
Part 5 Definition Day 2 Other Federal Requirements
Affirmative Action, Fair Housing Lead Based Paint
TDHCA paperwork Access to Computer Set-ups and draws close outs
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HOME TBRA HOME TBRA RequirementsRequirements
Chapter 1Chapter 1
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What is TBRA TBRA is a rental subsidy that is administered
for TDHCA and can be used to help individual households afford housing costs Rent Utility costs Security deposits Utility deposits
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TBRA differs from Rental
There are several key differences between traditional rental housing and TBRA Helps individual household (not unit) TBRA assistance moves with family Level of subsidy based on income of household
and/or rent of the unit the household selects
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Eligible Recipients
·Units of General Local Government (UGLG)
Non-profits
Public Housing Authorities (PHA)
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Eligible Participants Property must meet Section 8 HQS PJ must develop occupancy standards
Section 8 HQS OR Higher local standards
Assure compliance with Lead-Based Paint Title X Regulations (Chapter 12)
At Occupancy and Annually.
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Eligibility Continued Tenants must be low-income
Prior to signing contract
Annually, tenant income must be re-examined Review source docs
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Olmstead Rental Assistance
Supreme Court interpreted Title II of ADA States to provide services
Texas response providing services to qualified disable individuals residing in institutions or at risk of institutionalized Desire to transition into community living (with
supportive services)
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Olmstead Eligible Participants
Qualified Disabled Individuals residing in institutions, which are Nursing facilities State mental retardation facilities Texas Dept. of Protective and Regulatory Services
institutions (for mental retardation) Community Intermediate Care Facilities (ICF/MR) State mental health facilities
Hospitalized 3+ over 180 days Hospitalized 12 or more months
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TBRA Chapter 3
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Steps Key steps:
Authorization in TDHCA Computer System Marketing Application intake Waiting lists Eligibility determinations Coupon issuance Request for unit approval Coupon Contract Lease execution and project set-up
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3 Eligibility Criteria Contract Administrators pre-application
criteria CA’s prescribed selection criteria Meet Income Limit Citizen or eligible status
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Eligible Citizen Status Affordability Requirements
Title IV -the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 limits federal assistance to “qualified aliens”
Interim guidance published in the Federal Register by the Department of Justice
HUD will develop guidance
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Application and Selection
Need a process for identifying and selection eligible applicants
Scoring Committee Clear intake and application process Screening plan Scoring
Waiting List yours PHA
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Application Intake Identified in the Program Design
Announcement-public marketing process Location-where and how apps are taken Timing
Continuing basis One time
Method of application pre-application interviewed
Method of Award first come-first served priorities
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Application intake Preferences
CA’s may not discriminate CA’s may establish priorities Samples
target population special needs living in substandard housing paying more than 50% income for rent and utilities involuntary displaced persons with disabilities
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Application intake Participation in a Self-Sufficiency Plan Application Selection-income eligibility
Part 5 definition for income eligibility Includes income and income from assets Chapter 14 and Income Guide
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Program Briefing CA to explain guidelines and rules
Rules for rent, security deposit,or utility deposit calculation
Rules for continuation or termination of assistance Rules for portability Rules on unit condition
HQS Lead Hazards
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Title X Part 35 Title X (Chapter 12)
Units built before 1978 with at least one child less than 6 years old
Notification Pamphlet Lead Release
Reduction Clearance Environmental Intervention Blood Lead Level
Check with Health Department
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Documents Issued at Briefing
TBRA HOME Rental Assistance Coupon (Form 1.04)
TBRA Request for Unit Approval (Form 1.02)
TBRA Lease Addendum (Form 1.03)
TBRA HOME Rental Coupon Contract (Form 14.07)
Lead-Based Paint Information Booklet (Appendix A-16)
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Notify applicants within 60 days
The amount of funds awarded to a selected applicant-a go
An applicant deemed ineligible must receive an explanation for the denial of funds-a no go
Can be denied due to lack of available funds remaining in TBRA contract-a no go
Conditional commitments – the notification must include an explanation- a maybe
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Subsidy model Assumes fixed Payment:
$XXX (approved rent for unit)
-$XXX (maximum PJ subsidy)
$XXX (tenant portion)
TDHCA generally pays difference between its payment standard and 30% of tenant’s adjusted income (TTP)Chapter 14
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Occupancy Standards Permitting persons of the opposite sex (other
than spouses) to have separate bedrooms
Permitting/requiring young children of the opposite sex (typically under the age of six) to share a bedroom
Not requiring different generations of the same sex to share a bedroom; or
Providing for less than two persons per living/sleeping area in the case of medical necessity.
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Subsidy and unit size Factors affecting assistance payment:
Family’s income Payment standard for each bedroom size AND Cost of housing and utilities
CA must set utility allowance schedule Estimate the average cost of utilities for typical
types of housing and various utilities and fuel sources
Include water/sewer, electric, gas and trash Telephone and cable T.V. NOT included
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Example Payment Standard $600
TTP minus $200
Subsidy amount $400
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Example Total Tenant Payment $200
Utility Allowance $75 minus
Tenant Contribution $125
Payment Standards $600 Tenant Contribution $125 Subsidy $475
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Example TTP $50 Utility allowance $75
Rent to owner $600 plus utility difference $25 paid to
tenant
Total subsidy $625
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Property Requirements
Location: The rental unit must be located in the service area
Housing Quality Standards (HQS): The property must meet minimum HQS as established by HUD and include Part 35 of the Title X requirements.
Other Rental Subsidies: The rental unit must not receive project-based rental subsidies. For example, the HOME rental coupon cannot be used in public housing or in units receiving Section 8 project-based subsidies
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Rent Standards HUD Established Payment Standard (FMR)
or HUD approved area-wide exception rent Unit Specific Exception rents as approved by
TDHCA limit to 10% of the payment standard for not more
than 20% of the TBRA units www.tdhca.state.tx.us
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Rent Standard The payment standard for a 2 bedroom unit in
Frankville,TX is $650-- If the CA needs to request an exception rent
to TDHCA,for 2 bedrooms--the maximum rent for a 2 bedroom is $715
The CA must assure that of the 100 TBRA Coupon Contracts issued, not more than 20 can have an exception rent (20%)
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Affirmative ActionCA must publish
A description of the TBRA program
The location at which applications will be accepted
Time period for which applications will be distributed and accepted
Deadline for receipt of applications
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Rental Unit Unit Selection Process
Unit Selection commitment letter and HOME Rental Assistance
Coupon
Time limits 60Days and exceptions
Unit approval Request for Unit Approval
Contractual terms Lease Addendum Rental Coupon Contract 12 month cap (can renew)
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Lease Terms Lease is between tenant and landlord
one year term
Owners’ lease must not contain prohibited lease provisions
CA must establish termination/non-renewal standards
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Ongoing Responsibilities
Participating households meet eligibility requirements,
Participating households are re-certified annually,
Rents and utility allowances are updated and calculated correctly,
Rent Reasonableness is established,
Rental units meet HQS and applicable building codes and standards
Budgets, reports, and recordkeeping are kept current and accurate
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PMC will review Compliance with rent restrictions
Compliance with income restrictions
Compliance with property standards
Compliance with other program requirements
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Chapter 15 Match Requirement
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MONITORING
Chapter 4
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Monitoring Objectives Track Program/Project Performance–
Ensure Timely Expenditure of HOME Funds
Document Compliance
Prevention of Fraud and Abuse
Ensure Ongoing Administrative Capacity
Identify Technical Assistance needs
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Monitoring TBRAProgram Files
Executed Contract and all correspondence with TDHCA
Program Design - letter of approval and documentation of performance on special preferences or Olmstead
Management Plan
Affirmative Marketing – Procedures, documentation of performance, and copies of materials used
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Program Files Tenant Selection Procedures
Utility Allowance Documentation
Payment Standards and Income Limits
Financial records – ledgers, bank statements, budget reconciliations
Match log and documentation
Lead paint related correspondence with local health department
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Project Files Rental Application
Verification of tenant priority status (special needs)
Income Verification Documentation
Asset Verification
Tenant Income Release Consent Form
Rent reasonableness documentation
Household Income Certification (HIC)
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Project Files continued Request for Unit Approval
Rent reasonableness documentation
HQS Inspection Booklet (passing)
Lead Hazard Notifications and Receipts and all relevant repair and clearance records
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Project File Continued Coupon
Coupon Contract
Lease and lease addendum
Re-certification documentation
Notes to the File
Tenant self-sufficiency plan and participation in the plan documentation
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Single Audit Submit Audit Certification within sixty (60) days
after fiscal year end
Every year whether audit required or not
Every year whether contract activity or not
If Audit is required, submit the Single Audit report within nine (9) months of fiscal year end or thirty (30) days after receipt of the report which ever is earlier.
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Monitoring Objectives Track Program/Project Performance–
Ensure Timely Expenditure of HOME Funds
Document Compliance
Prevention of Fraud and Abuse
Ensure Ongoing Administrative Capacity
Identify Technical Assistance needs
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Desk Review First step Examine reports and financial information Draw downs and match submission Gather additional information as needed
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Site Visit Collect info to:
Assess performance Assess compliance Determine adequacy of records
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HOW MUCH and How Long!
Types: Program Project Financial Program admin Other federal
Keep 5 years
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Completion of the following forms
Form 4.10 - Project File Monitoring Checklist
Form 4.11 – Financial Questionnaire Monitoring Checklist
Form 4.12 - Financial Compliance Monitoring Checklist
Form 4.13 - Federal Compliance Monitoring Checklist
Form 4.14 - Program Overview Monitoring Checklist
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Other Federal Requirements
Chapter 8 Affirmative marketing Chapter 9 Fair Housing Chapter 10 Accessibility Chapter 12 Lead-Based Paint
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AFFIRMATIVE MARKETING
Programs must adopt affirmative marketing procedures Informing the public, owners and tenants about
Fair Housing and housing opportunities Assessing efforts and taking corrective action
when necessary Keep records of marketing efforts and
materials Affirmative Marketing report available to
public Record complaints
page 12-2
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FAIR HOUSING ANDEQUAL OPPORTUNITY
Applicable laws: Title VI of Civil Rights Act of 1964 The Fair Housing Act E.O. 11063 - Equal Opportunity in Housing Age Discrimination Act of 1975
Cannot discriminate on the basis of race, color, religion, sex, national origin, handicap, familial status or age
page 12-1 to 12-2
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Accessibility Handicapped accessibility
Americans with Disabilities Act Fair Housing Act Section 504 requirements
Requirements apply to programs and projects
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SECTION 504
Prohibits discrimination on the basis of handicap Four components:
(1) program accessibility
(2) employment accessibility
(3) administrative requirements
(4) removal of physical barriers
page 12-4
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Match Basics Based on Performance Statement, the CA
may be required to match 25% of HOME funds drawn down for project costs Match must be a permanent contribution to the
HOME Program
Match liability must be satisfied and contributed at draw requests
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Match Supportive Services
Services must be provided to residents of HOME-assisted units
Services must be: Paid for with non-federal funds Provided during affordability period Necessary for independent living OR required in
self-sufficiency program
Match credited when services are provided
STANDARDS
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Match-Supportive Services
Supportive Services examples: Case Management Mental Health Services Assistance with Tasks of Daily Living Substance Abuse Treatment and Counseling Day Care Job Training
STANDARDS
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Cannot be paid with Federal funds Direct costs limited to salary costs and costs
of materials directly related to services NEVER overhead costs
STANDARDS
Qualifications of Match
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TBRA Lead Requirements
Notification Disclosure Pamphlet Notice of evaluation
Evaluation Visual assessment as part of HQS
Reduction Paint stabilization Safe Work Practice Clearance
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TBRA Lead On-going Maintenance
annual visual inspection as part of HQS
Environmental Intervention Blood Lead Levels Notify Public Health agencies when they are
notified of an EIBLL child Risk assessment must be performed Work completed Interim Controls Clearance
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Common Challenges
Communicating with owners Monitoring owner compliance Retaining owners in the program Meeting notification/recordkeeping
requirements Meeting ongoing maintenance requirements Relocating residents when necessary
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Lead Based PaintLead Based Paint
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TBRA Requirements
Approach
Notification
Evaluation
Reduction
Ongoing MaintenanceEIBLL Requirements
Identify and Address Deteriorated PaintYes
Visual Assessment
Paint Stabilization
Safe Work Practices and ClearanceYes
Yes
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Lead Based Paint Safe Work Practice
Followed at all times and trained Occupant Protections Safe Work Practice Exceptions
Clearance visual and dust testing
On-going maintenance Texas Environmental Lead Reduction Rules
in addition to Title X
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Ongoing Maintenance
Applies when relationship is ongoing Requires annual visual assessment Identified hazards must be fixed safely Clearance is required Note: Reevaluation is required for interim
controls
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Ongoing Maintenance Establish procedures to track and document:
New children under age 6 Ongoing maintenance to control hazards Periodic inspections (including visual assessment) Inspection findings corrected
Maintain required records
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EIBLL Requirements
Share and compare data quarterly When report of EIBLL child is received:
Verify and report to health department Conduct risk assessment and notify occupants Perform interim controls or abatement Conduct clearance
Reference Manual Chapter 5
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Key Program Activities: TBRA
Application Unit inspection Inspection findings corrected Execution of agreement and rental
documents Ongoing responsibilities
Reference Manual Chapter 5 Exhibit 5-2