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Res 011-94 1/18/1994RESOLUTION NO. 1 1 I' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING AND ADOPTING THE REVISED SECTION 8 RENTAL ASSISTANCE PROGRAM ADMINISTRATIVE PLAN AND EQUAL HOUSING OPPORTUNITY PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls operates the Section 8 Existing Housing Assistance Programs through the Housing Division of the Community Development Department, and; WHEREAS, the City of Wichita Falls Housing Division is designated by the Department of Housing and Urban Development as a Public Housing Agency, and; WHEREAS, the City Council acts as the Board Of Directors for the Public Housing Agency and must adopt various administrative actions taken by the agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: Section 1: That the City Council of Wichita Falls, Texas hereby approves and adopts the Section 8 Administrative Plan and Equal Housing Opportunity Plan for the operation of the Section 8 Existing Housing Assistance Program, as revised in November 1993. Section 2 : It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the day of fik. ill11-11111111P J , 199 1( Arkil MAYOR ATTEST: TY11C( LARKCIL) Page 2 of 64 Pages Agenda Item No. Section 8 Administrative Plan f4..„,„......10.... leiv' a_., 1u 1. J. , I., !';,\,,., rm,,, ,.+u , ` .:1+tllll nnl.lee nanrr;>t;µ 1 " i.rrl rl r Vl ll ,t,v„w 1, {Ilt• 1 11`Lr" ('1 ,. I .'.` II 1 .y,`y: Rirl ;..' n LA.. I, I 1; ' . I N I w' s '... ill 1 l';. -, ! t JRY Hp A. w4 •ri • 1 \.-- ,: o, -' I • I'l '1.hp '" %MI III 1 I I UPIyRRr` W w , . 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III ‘kt - J'r hl 7"'''- ' t.,. r ,:a C it I' ., 4,a , I Y ,r1,,1 , iy,,1u4li 100, , , 1 LMi i I f (v• y.7i Yi M4:11 1N Ti,1i I 1 1 1 1 14 ,I,rh ,rlAli 1,1,: w. t t ' •,1f1 1 wrr I 1 I .1 ;y,, 1 II 11 I ORO 1:1t1"lI 4 :;:qM1 1141 lj ii'MA ':s '1.4,,, . , , . -,-.1....1+' Il l t..r.wa1 M 1 Existing Housing Assistance Payments Program 401 Revised November 1993 Wichita T E X A S Page 3 of 64 Pages Agenda Item No. CITY OF WICHITA FALLS, TEXAS ADMINISTRATIVE PLAN SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM CERTIFICATE AND VOUCHER PROGRAMS FAMILY SELF-SUFFICIENCY RENTAL REHABILITATION PROGRAM Page 4 of 64Pages Agenda Item No. I. STATEMENT OF OVERALL APPROACH AND OBJECTIVES ON ADMINISTERING THE SECTION 8 EXISTING HOUSING PROGRAM 1 A. Purpose. 1 B. Program Objectives. 2 C. Housing Selection and Choice. 3 II. PLANS FOR THE ADMINISTRATION OF PROGRAM FUNCTIONS 3 A. Outreach to Families and Contact with Owners. 3 B. Completion of Applications, Determination of Eligibility and Selection of Families. 5 C. Verification of Income and Determination of Total Tenant Rent 10 D. Separate Briefing of Families and Issuance of Certificates and Vouchers 10 E. Housing Quality Standards and Inspections 12 F. Lease Approval and Housing Assistance Payment Contract or Housing Voucher Contract Execution.16 G. Payments to Owners/Tenants 18 H. Information and Assistance for Participating Families 19 I. Review of Family Circumstances, Rents, Utilities and Housing Quality 20 J. Termination and Family Moves 21 K. Special Claims Payments 23 L. Complaints and Appeals 28 M. Monitoring Program Performance 29 N. Rental Rehabilitation Program 30 O. Family Self-Sufficiency 30 III. BUDGETING AND STAFFING NEEDS 30 Page 5 of 64 Pages Agenda Item No. I. STATEMENT OF OVERALL APPROACH AND OBJECTIVES ON ADMINISTERING THE SECTION 8 EXISTING HOUSING PROGRAM A. Purpose. This Administrative Plan is designed to clarify items in the regulations that give the PHA some latitude of operation. It is a combined plan which covers the Certificate, Voucher, Family Self- Sufficiency, and Rental Rehabilitation Grant Programs. 1. Operational Structure. The Section 8 Housing Assistance Payments Program for the City of Wichita Falls will be operated in conformance with the most current Federal Regulations and Department of Housing and Urban Development (HUD) Guidelines. Administration of the programs will be by the Housing Division of the City's Community Development Department acting as a Public Housing Agency (PHA) . The lines of responsibility for the operation of the program are depicted on Figure 1 below. FIGURE 1 ORANIZATIONAL CHART - SECTION 8 HOUSING CITY OF WICHITA FALLS HOUSING DIVISION CITY COUNCIL AND CITY MANAGER OF WICHITA FALLS COMMUNITY DEVELOPMENT DIRECTOR( HOUSING AND COMMUNITY DEVELOPMENT ADMINISTRATOR HOUSING COUNSELOR III 1 IHOUSING COUNSELOR II I IHOUSING COUNSELOR I I CLERK-TYPIST II Page 6 of 64 Pages Agenda Item No. 2 . Operating Reserve Expenditures Statement. a. The City of Wichita Falls Public Housing Agency, after reviewing funding requirements for the successful operation of this agency with the Finance and Accounting Department, has concluded that adequate operating funds will be available through the remaining term of the Annual Contributions Contract. To assure such level of funding will be available in the future, the City of Wichita Falls has established a minimum threshold of $125,000, that must be retained in the operating reserve account. The Operating Reserve must be maintained as a resource to pay Section 8 administrative costs that exceed earned administrative fees for a PHA's fiscal year. Any amount to be used that will result in lowering the reserve below the established threshold will require approval by the City Council of the city of Wichita Falls, Texas. b. The Public Housing Agency operates as a division of the City of Wichita Falls. It is not an independent agency and has all financial support services provided by the City`s Finance and Accounting Department. Financial transactions involving expenditures of any funds from either the AnnualContributionsContractortheOperatingReservecannotbe completed without the approval of a written Payment Authorization Request from the Housing and Community Development Administrator to the Chief Financial Officer. Purchases outside of the office supplies stocked by the Purchasing Department, must be approved through the Housing and Community Development Administrator, Community Development Director and Purchasing Agent. Capital improvements over $500 also require the City Manager's approval. No Operating Reserve funds will be used for purposes other than housing related activities. The City Manager has been empowered by the City Council to approve expenditures of under $15,000 for budgeted activities. Any expenditures over $15,000 must be approved in an open public meeting by the Wichita Falls City Council. B. Program Objectives., The program objectives which shall be adhered to in the administration of the Section 8 Existing Housing Program are: 1. To encourage the greatest degree of freedom in housing choice and to increase spatial dispersal as much as possible, within program restrictions, while providing decent, safe and n in areas outside those in whichassistedhousingaassgsanitary lower income and minority households are normally concentrated. Administrative Plan rev 11/93) -page 2 Page 7 of 64 Pages Agenda Item No. 2 . To provide improved living conditions for very low income families while maintaining their share of the rent payments at affordable levels. C. Housing Selection and Choice. 1. The City of Wichita Falls will continue to make every effort to assist applicants and participants in locating suitable housing in any area of the city they desire. Families are encouraged to look at all types of rental units in every area of town during their housing search. 2 . The quantity and quality of housing available to program participants, outside of racially and financially impacted areas of th y,e City, is considered to be sufficient for the successful operation of this program. Past experience has demonstrated that positive owner response to the Section 8 program is present in the City. Further, housing rehabilitation, Code Enforcement and Section 8 inspections have found that, for the current and for future needs of the program, the housing quality is acceptable. Efforts to increase areas of available housing will continue to be stimulated through the marketing methods described in Objective I of the Equal Opportunity Housing Plan (EOHP) , which is included by reference. 3 . If the applicant feels they have encountered discriminatory practices during their housing search, the procedures identified in the EOHP will be employed. Persons feeling they have been discriminated against may also use the toll free 800 telephone number to report their complaint directly to HUD. II. PLANS FOR THE ADMINISTRATION OF PROGRAM FUNCTIONS A. Outreach to Families and Contact with Owners. 1. Generally, the outreach procedures described in the Equal Opportunity Housing Plan (EOHP) , Objective I, will be employed. In the event this effort does not produce an application group consistent with the goal, an intensification of advertising through the area media and a concentration ofoutreachprogramminginneighborhoodactiongroupswillbe utilized. Administrative Plan rev 11/93) -page 3 Page 8 of 64 Pages Agenda I tern No. 2 . A waiting list of applicants will be created and maintained in book form. It will be divided into segments by the different bedroom sizes authorized and shall have sequentially numbered pages. Everyone will be given the opportunity to complete an application unless the waiting list has been officially suspended (closed) by the PHA using a public notice of that suspension that has been published in a o local paper of general circulation. All applications will be o entered into the waiting list book, in the order of the date and time the completed application was received at the PHA office. Any applicant found to be ineligible will be o notified, in writing, of why they are ineligible and informed o of how and where they may appeal this determination. 3 . Owners and the real estate community will be informed of the rental assistance program, utilizing the procedures described in the EOHP, Objective III. 4. To encourage sufficient units located outside racially or financially impacted areas, the PHA will monitor the location of all leased units. If sufficient units in non-impacted areas are not evident, then an intensified outreach to owners and property managers will be accomplished. a. The PHA will maintain maps designating minority and low- income concentrations. A list of owners who have expressed a desire to participate in the program will be available to all applicants and provided to all participants. This list will include units both inside and outside of these impacted areas. b. The PHA will be responsible for explaining the program to any interested persons, both prospective owners or applicants. A Section 8 brochure has been developed which explains the program in detail to both owners and tenants. Those owners who have signed a Request for Lease Approval will have the program explained and any questions answered on a one to one basis. Administrative Plan rev 11/93) -page 4 Page 9 of 64 Pages Agenda Item No. r 5. All eligible applicants and participants will be provided referral assistance during the search to locate suitable housing. The Housing Division will maintain a current list, by bedroom size, of owners who have expressed an interest on the Section 8 program and have available units. The staff will provide the applicants with a listing of owners with available Rental Rehabilitation Program units. This unit listing will be made available to applicants and participants. Families are also encouraged to check newspapers, yard signs, real estate offices, friends and word of mouth in their search for housing. All persons seeking housing will be referred to other subsidized apartment complexes and any owners of available units that have been completed under the Rental Rehabilitation Program. B. Completion of Applications. Determination of Eligibility and Selection of Families. 1. Completion of Applications. When the waiting list is open, an applicant can fill out and return an application any time between the hours of 8:00 AM and 5:00 PM on Tuesdays at the Housing Division office in Memorial Auditorium, 1300 Seventh Street, Wichita Falls, TX. Applications will be o reviewed for completeness and not accepted until completed. The Housing Division staff will use a mechanical Date-Time Stamp machine to mark the time and date of acceptance of the completed application. The Housing Division office will provide eligibility information to all interested organizations and parties. Federal preferences will be explained and families encouraged to avoid delays by gathering the verification required ahead of the actual certification date. Persons with handicaps or disabilities that need assistance in the completion of the application will be aided by the staff. The Housing Division offices and Memorial Auditorium are accessible areas that allow mobility restricted applicants to apply. a. If there is no one on the waiting list for a specific bedroom size, the taking of applications has not been suspended, and funds are available to assist families, applications will be accepted at any time for that bedroom size and the families assisted at the same time as they are placed on the waiting list. b. If there are eligible applicants with federal preferences that cannot be housed immediately, they will be placed on the waiting list based on the date and time the PHA received their completed application. Administrative Plan rev 11/93) -page 5 Page 10 of 64 Pages Agenda Item No. c. Persons who work during the time period used for taking applications will be allowed to complete an application either before or after the briefing or by mail. The application will be time and date stamped after completion of the forms. Arrangements can be also be made, with a 24 hour notice, for staff to accept applications outside of normal working hours. 2 . Determination of Applicant Eligibility. There are two major factors that are used to determine eligibility of the family. The family cannot exceed the income limits established by HUD and the family must meet one of the familial situations as defined in the most current federal laws and regulations. a. Applicants will have their names placed in the segment of the waiting list book for the proper bedroom size for their family size, by the date and time the application is received. Applicants will be given an estimate of the range of months until assistance can be expected to be available. b. The applicant is informed at application time that because of the number of persons on the waiting list and the low turnover rate, most applicants will not be assisted within the first 90 days of their application. They will have to renew their applications every 90 days thereafter until they can be assisted. The application form has a highlighted information block on both front and back that states that the application is good for 90 days and that the application must be renewed every 90 days to remain active on the waiting list. A pre-printed reminder form with instructions on how to renew the application is given to the applicant when they apply. The form has a blank space that the PHA uses to enter the first renewal date. c. This list will provide sufficient information to determine any federal preferences and/or priorities for assistance as units become available. Applicants will be assigned within the waiting list to the smallest bedroom size appropriate to their family size. The occupancy standards in Paragraph 4-8 of HUD Handbook 7420.7, for the minimum and maximum number of family members, will be used as the standard except that a very small child (up to 2 years of age) may share a bedroom with a single parent. d. Anyone found to be ineligible will be notified, in writing, at the address they furnished on the application. The notification shall include information for requesting an informal review following the steps outlined in the APPEALS Section of this Plan. Administrative Plan rev 11/93) -page 6 Page 11 of 64 Pages Agenda Item No. 3 . Along with the eligibility requirements listed above the PHA has added the following: a. Applicants and participants will be warned that persons not on the lease are not part of the family, even if they are related by blood, marriage or legal instrument. Attendant care persons, whose incomes are not counted for determining the eligibility and the rent of the family, would not be parties to the lease and would not be considered the remaining member of the tenant family in the event the lessee dies or vacates the dwelling unit. b. The federal rules provide for denial of participation to an applicant or termination of housing assistance to a participant if a family has breached or breaches its Section 8 Family Obligations, or commits fraud in connection with a federal housing assistance program. The PHA will also deny participation or terminate assistance for failure to fulfill a repayment agreement. c. Persons or families that are involved with drugs or violent crimes will be examined and a determination made for their eligibility to participate or to continue receiving assistance using the most current federal requirements and guidelines. d. Families who have formerly participated in federal rental assistance programs and moved without proper notification, as required in the Family Obligations, are deemed to be ineligible for a period of three (3) years from the date of that move. e. In addition to the above guidelines, the PHA will also deny housing assistance if an applicant has not repaid money owed to this or any other PHA in connection with the public housing or Section 8 programs. 4 . Selection of Families for Offers of Assistance a. Federal Preferences: Current Federal Regulations define, in detail, the federal preferences for housing assistance and describe the methods by which they will be verified. A list of federal preferences is printed on the backside of the Section 8 application form and a more detailed list on a separate sheet of paper is also provided and explained to the applicants at the time of application. These federal preferences are used to establish a family's priority within the PHA's waiting list. Administrative Plan rev 11/93) -page 7 Page 12 of 64 Pages Agenda Item NO. 1. ) Families will be given priority for assistance as indicated below: First - Families with a federal preference and RRP preference; Second - Families with a federal preference; Third - Families with RRP preference only; Fourth - Families without either preference. The Rental Rehab Program (RRP) funding is almost expended and no one is expected to be given a preference based on being displaced or relocated by the RRP. Any very low income family dislocated by rehabilitation activity funded by the Rental Rehabilitation Program may be issued assistance, if they are counted as part of the PHA's 10 % of applicants who can be issued assistance before those with a federal preference. 2 . ) Federal preferences are; (1) families that are displaced involuntarily, (2) families that currently live in sub-standard housing or (3) those that are paying more than 50% of their income for rent. None of the individual preferences of this grouping is higher or better the other and they all have the same weight for family selection. An example of this process means that a homeless family has the same preference as a family that resides in a sub-standard unit; a displaced family is equal to one paying more than 50% of their income for rent, etc. b. The PHA also has elected to allow selection for rental assistance, up to 10% of the total number of assisted units, to families with no federal preferences. c. When the applicant is among the next group of families to be assisted from the waiting list, the Housing Counselor III will schedule an appointment for the applicant to attend a certification briefing. Applicants will be sent a letter stating the date, time and location of the meeting and informed to bring all necessary data to complete their application and verify their eligibility. An applicant's eligibility will be determined based on the most current Federal regulations and guidelines. Failure to attend this appointment without justifiable cause will result in removal of their name from the waiting list and the next family will be notified. Administrative Plan rev 11/93) -page 8 Page 13 of 64 Pages Agenda Item No. d. Third Party verification of the eligibility and preference documentation provided to the PHA by the family shall be done by the Housing Counselor(s) , and follow-up contacts will be made with the data source if there is a delay in their response. e. The Housing Counselor III will monitor and review the characteristics of applicant families to ensure that: 1) income levels of participants and applicants will be in conformance with HUD regulations; 2) distribution between elderly/non-elderly authorized units is maintained; 3) bedroom unit distribution is maintained within limits; 4) the number of HAP contracts in effect do not exceed ACC authorization for more than 90 days; and 5) there is sufficient funding to pay for all contracts before a new contract is entered into. f. Applicants will be assigned to the smallest bedroom size appropriate to their family composition. The occupancy standards in Paragraph 4-8 of HUD Handbook 7420.7, for the minimum and maximum number of family members, will be used as the standard, exceptt that a very small child (up to 2 years of age) may share a bedroom with a single parent. If changes in family size have occurred, with the result being a participant that is underhoused or overhoused, the PHA must move that family to the correct bedroom size before taking families from the waiting list. The living room, kitchen and bathrooms will not be counted as sleeping rooms. C. Verification of Income and Determination of Total Tenant Rent At both certification and reexamination, tenants will be briefed that the level of their assistance is based in a large part on the information they provide about their income, family size, number of dependants, child care or medical expenses combined with handicapped/disabled expenses. The tenants will be reminded that they are required to provide correct information. The participants will be reminded that information given now and for all future changes must be in writing. Administrative Plan rev 11/93) -page 9 Page 14 of 64 Pages Agenda Item No. 1. The gross annual income of a family is determined as a result of taking the amount received during varied pay periods and making the figure an annualized amount. To arrive at an annual income; a. ) use the monthly income as reported times twelve, b. ) take the weekly pay times 52 (weeks) and divide by twelve, c. ) a payroll every two weeks is multiplied by 26 and then divided by 12, d. ) amounts for paydays on the first and fifteenth are calculated by taking the gross amount times 24 and divide by 12, or e. ) for incomes based on a hourly payscale multiple by 2080 hours and divide by twelve. 2 . The Housing Counselor(s) will be responsible for the calculation of the Total Tenant Payment. The TTP will be based on the information on income and documentation for deductions provided by the applicant and verified by a third party. The calculation method will be in accordance with federal regulations. 3 . The Housing and Community Development Administrator and/or Grants Coordinator shall review five percent (5%) of the determinations in order to ensure accuracy of the calculations. D. Separate Briefing of Families and Issuance of Certificates and Vouchers. A certificate or housing voucher will be offered, whichever type is available. An applicant refusing one type of assistance will return to their former place on the waiting list until the other type is available. As this agency has only two types of assistance to be offered, turning down the second type of assistance will result in the applicant being removed from the waiting list. All items in the briefing packet will be explained as well as: i) how to find a suitable unit that meets HQS; (ii) the need to shop around for a unit at reasonable rent; (iii) the known owners and the availability of units; (iv) the implication of the utility allowance on the total amount of rent; (v) the need to have the security deposits for tenant paid utilities; (vi) lease approval procedures; and (vii) tenant and owner rights and responsibilities. Participants will be reminded that all information has to be verified and that everything involved with the program must be in writing. Administrative Plan rev 11/93) -page 10 Page 15 of 64 Pages Agenda Item No. i. Briefing and Issuance of Certificates a. The briefing will conform with 24 CFR Part 882 .209 and those objectives described in the EOHP. Applicant will be briefed on the importance of finding a unit that meets HQS or that can be made to meet HQS and that the owner is willing to correct. b. Each certificate holder will receive a Request for Lease Approval (RFLA) which must be returned to the PHA within 60 days. If no RFLA is received within 15 days, additional assistance will be offered the family. If no RFLA is received within 30 days, the applicant will be contacted to determine if any problems exist and additional assistance will be offered to the family to find a unit. c. Families approaching expiration date of certificates at the 45th day of the need to securewillbecounseledaY housing within the 60 day time frame to prevent possiblelossofassistanceandissuanceofthecertificatetothe next eligible family. d. The PHA has the sole option of extending the expiration date of the certificate for up to an additional 60 days, distributed in one or more phases, based on the PHA's review of a certificate holder's circumstances. 2 . Briefing and Issuance of Housing Vouchers a. The briefing of applicants will conform with 24 CFR 887andthemostcurrentinformationandguidelinesprovidedin the Federal Register. b. The Housing Counselor(s) will explain how the PHA thecomputesthesubsidypaymentundertheVoucherprogram, Payment Standard, the minimum rent amount and the savings that the family receives by finding a unit that rents for less than the payment standard. Paragraphs II. D. 1. (b) , (c) and (d) above also apply to the voucher program. Administrative Plan rev 11/93) -page 11 Page 16 of 64 Pages Agenda Item No. E. Housina Quality Standards and Inspections 1. The housing acceptability criteria described in 24 CFR 882 . 109 and 887 .251 and the clarification contained in the HUD Inspection Manual are hereby accepted by the PHA, as the minimum Housing Quality Standards (HQS) and are to be augmented with the following local additions: a. Visible, contrasting house or apartment numbers will be displayed on the unit as per Postal Service regulations. b. Smoke detector(s) will be installed and maintained in all units as per state law and HUD requirements as to placement and number. c. Units without whole house central air conditioning shall have screens, which are properly installed in frames, on all openable exterior windows. Window air conditioning units do not satisfy the definition of whole house central air conditioning. d. The current edition of the Southern Building Code Congress International Standard Housing Code shall be used to define the minimum dwelling unit space requirements, fire protection and egress requirements, electrical safety requirements, ventilation, light and access. A series of papers may be published by the PHA with more information to assist the PHA inspectors and landlords in better defining acceptable standards. e. The amount of rental assistance the PHA pays the landlord in behalf of the tenant is based on the number of bedrooms for which the family is eligible. Regulations state that no more than two persons may share living/sleeping rooms. To be counted as a bedroom, the room must provide a private area where family members may sleep. If the only method to enter one area is to pass through another room, that space may be a living/sleeping area but will not counted as a bedroom. The living room, kitchen and bathroom will not be counted as sleeping rooms. Units must have the minimum number of bedrooms / sleeping rooms required for that family's size and composition. Administrative Plan rev 11/93) -page 12 Page 17 of 64 Pages Agenda Item No. Rent reasonableness is based on many factors. One factor in evaluating the rent is the total number of habitable rooms in the unit. Dens, family rooms, laundry rooms, additional bathrooms and dining rooms can be factors used by the owner in justifying a higher rent on a unit. Some rooms used for other purposes may also be included as living/sleeping rooms if the room meets all the requirements of a habitable room. Once the minimum number of sleeping areas has been satisfied, failure for a room to meet bedroom requirements does not mean that the unit fails HQS, however it can affect the rent reasonableness of the unit. f. Utilities must be turned on for the unit to meet HQS and for the owner to receive a HAP check. Where a utility is to be paid by the tenant, there will be separate meter. The PHA may terminate assistance if the utilities are not kept connected, as the unit no longer meets HQS. Owners are responsible for the unit meeting HQS and should check to be sure that their units have utilities turned on at all times. Participants can lose their assistance for failure to meet their Family Obligations. g. The City of Wichita Falls has been granted a variance on the HQS for the use of un-vented space heaters. Units with un-vented heaters are acceptable, if they meet BTU per cubic feet and other safety guidelines in Appendix E of the HUD inspection handbook. The unit cannot, however, be rented at the full FMR. The published FMRs are the maximum rents for units which meet all HQS, and the PHA has frozen rents on units with these un-vented heaters. Tenants will be cautioned on the extreme safety hazards these un-vented heaters can create in closed spaces, specifically bedrooms. Tenants will be encouraged to rent units with vented heating systems. Owners will be shown a cost-benefit analysis of the installing a vented system and strongly encouraged to make the change to vented systems. The short pay back period required if they use the annual adjustment factor to justify the higher rents, the increased ease of renting the unit, and enhanced the safety of the tenant are all strong reasons to encourage the change. h. Acceptability of the Unit. The PHA is the one and only authority to certify that the unit has passed HQS. 1. ) No assistance can be paid until the unit has passed HQS inspection, the tenant and landlord have signed an approved lease form, and the PHA and landlord have signed the Housing Assistance Contract. Administrative Plan rev 11/93) -page 13 Page 18 of 64 Pages Agenda Item No. 2. ) The HQS forms the basis for acceptability of a unit by the PHA. The tenant family will be provided a copy of the booklet "A Good Place to Live" which lists the minimum Housing Quality Standards and the items and conditions that a tenant may find desirable. The tenant family are encouraged to take the time to look at the unit and the neighborhood before entering into a lease with the owner. 3 . ) A unit may be inspected by the PHA and found to meet HQS but not be acceptable to the tenant. The tenant may not desire the unit because of the unit's floor plan, room size or location. Appearance or size of required appliances, lack of certain non-required appliances, or lack of hook-ups are additional reasons a tenant may decide not to rent the unit. These choices should be explained to the participant during the briefing and the tenant encouraged to evaluate the unit based on these items and those in the booklet "A Good Place to Live" prior to submitting a RFLA on an sight-unseen unit. 4. ) A unit may also pass HQS, but not justify the rent requested. by the owner. The owner can decide to either improve the unit to make the rent reasonable, accept the lower rent offered by the PHA or decide not to rent the unit under the Section 8 program. Items like marginal paint quality, soiled or worn floor covering may pass with comment but hold down the reasonable rent. The inspector will include a statement that if the unit is leased, these items pass inspec tion but that no damage claim will be paid in the future for these items at move- out. i. The currently approved Standard Housing Code, Chapter III, will be a major factor to justify reasonable rents for units at the time of an inspection. Repair, re-surfacing or replacement of marginal paint/wall coverings, marginal floor coverings, marginal owner-supplied appliances, minimum electrical service or marginal amenities might be needed to allow payment of the requested rent even if it is under the full FMRs. Any owner wishing to improve his unit to facilitate a rent increase will be briefed on the Rental Rehabilitation Program or HOME Investor-Owned Rental Rehabilitation Program or be encouraged to renovate the rental units on their own. j . If the tenant is responsible for yard maintenance, the owner will turn over the property at move-in free of excess trash, tall grass or weeds. In turn, yard conditions can be a damage claim item upon move-out. Administrative Plan rev 11/93) -page 14 Page 19 of 64 Pages Agenda Item No. 2 . The following internal system will be used to conduct initial and annual inspections and re-inspections: a. The Housing Counselor I will perform initial inspections based upon the date of receipt of the Request for Lease Approval (RFLA) . The tenant will be furnished a copy of the HUD booklet 'IA Good Place To Lives and informed that using this booklet is a good means of determining acceptability under HQS and to expose any shortcomings the unit may have. Participants will be reminded that the sooner they find a unit that meets HQS, the sooner they can start receiving their rental assistance. The inspector will contact the owner within 24 hours of receipt of the RFLA to establish an inspection date within 48 hours or as soon as the owner can determine they will be ready for inspection. The inspection form to be used shall be based on HUD Form-52580. b. If the unit fails inspection, the family and owner will be notified in writing with a summary of items which resulted in a failed rating. Differences in perception of acceptability between owners and inspectors in regards to the adequacy of the unit will be resolved by the Housing and Community Development Administrator. c. A re-inspection will be conducted when the owner notifies the PHA that all failed items have been corrected and the unit is ready.--ff-the-unit-fails-this-free-re- inspeetien7-the-PHA-wii1-charge-a-WTAA-fee;-to-eever expenses;-far-each-ndditienn*-inspeetien-requested-by-the owner-before-the-unit-passes-inspeetien:--This-charge-viii net-be-made-if-the-inspector-adds-any-item-net-meted-te-the erigine+-repert: d. Each unit shall be inspected or re-inspected for HQS at least once annually. The inspection must occur and the unit must pass before the contract anniversary date. The PHA shall maintain a list of contract anniversary dates with which to schedule annual inspection dates. A written notice will be provided to both owner and tenant at least 60 days in advance of the date and time for the inspection. This time-frame should provide owners with approximately 45 days after the inspection in which to correct any items that might have failed, thereby preventing abating the rent until approved. Administrative Plan rev 11/93) -page 15 Page 20 of 64 Pages Agenda Item No. 3 . The Housing Quality Standard (HQS) and SBCCI Standard Housing Code will be used as factors in the computation of any requested rent adjustments. Marginal units which just meet minimum HQS, but are eligible for an annual adjustment factor may be required to make such improvements as are needed (i.e. installing vented heaters, remodeling kitchen or bathroom, updating electric systems, or installing energy saving items) to justify an adjusted rent. F. Lease Approval and Housina Assistance Payment Contract or Housina Voucher Contract Execution., 1. The lease is a legally binding document between the landlord and the Section 8 participant. The lease must be in a form that has been or can be approved by the PHA. Any commonly used lease format may be used by the owner for either the certificate or voucher program, provided the proposed lease has all the HUD required provisions and has none of the prohibited provisions, or the owner is willing to have the HUD prepared "Addendum to Lease" form attached to the lease. The PHA has also developed a model lease which serves this purpose. 2 . The applicants will be informed, when the PHA receives the Request For Lease Approval form, that they should start arranging funds for any needed utility deposits for the unit. The RPLA provides information to the PHA about the allocation of responsibility for utilities, appliances and services provided and other conditions of the lease. The applicant should not pay either the unit security deposit or utilities deposit/transfer/connection charges until the unit has been inspected, the work items are completed, the unit passes re- inspection, and the lease form has been approved. Applicants and owners will be cautioned that the PHA is not responsible for any rental assistance payments until all the following are completed: 1.) the PRA has approved the RILA, as to the form of the lease, 2.) the applicant and landlord have signed that approved lease form, and 3. ) the Housing Assistance Payment Contract has been entered into by the PHA and owner. Administrative Plan rev 11/93) -page 16 Page 21 of 64 Pages Agenda Item No. o 3. The PHA has elected to set the maximum security deposit that can be asked by the owner for both the certificate and the voucher programs at either the Total Tenant Rent amount or 50 whi chever is greater. Both owner and applicant will be o informed of the maximum amount of security deposit allowed under the HUD regulations. Owners are informed that reimbursement for unpaid rent and damage claims (also vacancy in the case of certificates) may not exceed the lesser of the amount owed the owner or two months contract rent, minus the greater of the security deposit actually collected or that could have been collected by the landlord. The owners, after being reminded of the security deposit offset, will be strongly encouraged to collect the maximum allowed. Both owner and tenant will be informed that state law requires the repayment or accounting of the security deposits within thirty days of termination of lease or move-out. a. In addition to the lease requirements above, a RFLA under the Certificate Program must be checked for consistency with Fair Market Rent (FMR) and Rent Reasonableness. The reasonableness of the rent will be determined on the basis of previous rent on the same unit, previous rent on a similar unit, rents on unassisted units held by the same owner, and general knowledge of the rental market in the area for the same type of unit. The requirement that the unit be at or below FMR does not apply to the voucher program; however, the rent reasonableness requirements does also applies to the voucher program. The PHA must provide guidance and advise to the family on whether the rent requested by the owner is reasonable, based on the most current information that the PHA has on comparable rental units. If the family requests their assistance, the PHA must assist the family in negotiating a reasonable rent with the owner. Families on the Voucher program will be strongly counseled on the need to find units that are within their ability to pay the rent and utilities. b. Owners and tenants will be reminded that the PHA is in no way responsible for any rents prior to the execution of a contract between the PHA and the owner. Owners will be asked not to allow families to move in prior to lease signing. Administrative Plan rev 11/93) -page 17 Page 22 of 64 Pages Agenda Item No. c. Applicants will be briefed again on the requirements of the program and informed about the requirements to pay all their security and utility deposits before the PHA can sign the contract. Applicants will again be reminded that they are required to keep their portion of the rent paid, their utilities connected and to maintain their unit in a safe, decent and sanitary condition or they may lose their housing assistance. Owners will be briefed on their requirements to keep the unit within HQS during the entire lease period. 2 . The Housing Counselor(s) will arrange an appointment date and time for the execution of the proper type of assistance contract. Prior to execution, the contract will be explained in detail and any items of misunderstanding corrected. The owner will also be informed of contract provisions and the PHA's policies on handling claims for reimbursement of unpaid rent, vacancy or damages under each contract form. G. Payments to Owners/Tenants 1. The PHA will submit to the Finance and Accounting Department a monthly billing and a supplemental billing. The monthly billing will be completed in a manner that the checks can be returned and mailed by the first day of the month. Supplemental billing will usually be completed to mail checks by the fifteenth of the month. This listing will include the name of party receiving payment, amount of payment, and vendor number that authorizes payment. a. The Housing Division will maintain a detailed listing of payments by landlord, tenant, address, utilities payments and a listing of any vendor changes which occurred during the month. b. Supplemental billings will include partial payments for new or renewed contracts, corrected payments, and the claims payment for damages, vacancy or unpaid rent. c. Damage and Vacancy claim forms will be maintained in the tenant files for future reference and possible repayment. 2 . Checks will be processed by the Finance and Accounting Department and returned to the Housing Division for posting to card files and mailing to recipients. 3 . The Housing Division will keep all records pertaining to family eligibility, income verification, unit inspections and leases in a manner suitable for an unannounced federal performance audit. Administrative Plan rev 11/93) -page 18 Page 23 of 64 Pages Agenda Item No. 4 . The Finance and Accounting Department will provide financial management in accordance with HUD guidelines. The department will maintain owner rental payments and prepare IRS form 1099 for income tax purposes. The PHA will maintain such manual ledgers as may be necessary for the day-to-day operation of the program. 5. The PHA shall maintain a Housing Assistance Payments register which will indicate all payments made to tenants and owners. H. Information and Assistance for Participating Families 1. The entire staff will be kept informed and kept familiar with a wide cross section of agencies that help lower income families. The staff will be able to assist families with referrals to agencies that provide a wide range of services. This assistance is not limited to housing matters. 2 . The Housing Counselor(s) will document reports, made by tenant families, that the own er is not complying wi th the lease provisions or is not maintaining the unit in compliance with the Housing Quality Standards. The Housing Counselor(s) will, within 1 working day, investigate the circumstances of the complaint. 3 . If a family is terminated from the program, they will be notified in writing as to the cause for termination and the right to appeal. 4 . PHA staff members are available to assist with problems reported by participating families and social service agencies. The Department of Human Services or the Family Self-Sufficiency staff will provide assessment and counseling to program participants and co-ordinate community outreach efforts with available community resources. The PHA maintains a list of homes, apartments and mobile homes available to program participants seeking units or wishing to relocate. I. Review of Family Circumstances. Rents. Utilities and Housing Quality, 1. The PHA will review Utility Allowances, Rent Reasonableness and any possible changes to the Housing Quality Standards at least on an annual basis. These reviews will be scheduled to be completed and be effective with any changes in the FMRs. Reviews will be in accordance with the most current information and guidelines available. Administrative Plan rev 11/93) -page 19 Page 24 of 64 Pages Agenda Item No 2 . The PHA will maintain a file, by month, of required re- examination dates. All participants will be re-certified at least annually. The annual re-certification process will follow the regulations for initial certification, except that photocopies of existing data may be transferred to the new file. Failure to respond to correspondence scheduling appointments for recertification can cause tenant termination. 3 . Non-Annual Reviews a. Special reviews may be scheduled every 15 days for families, expect for cases under a doctor's care, that have no verifiable income, or that have incomes less than the current AFDC amounts. These families will be referred to as many sources of assistance within the community as possible. b. Special reviews may be scheduled every 90 days for families with unstable incomes that cannot be projected with any degree of reason. c. A special review will be completed when the family informs the PHA of any change in family income, family expenses or family composition. d. A special review may also be required if evidence provided by other agencies or individuals indicate the need to do a re-examination before the next scheduled review date. 4 . All efforts will be made to insure that any change that reduces the tenant's share will be placed in effect as soon as possible, but no later than the first of the next month after the change. Increases in Total Tenant Rent will not become effective for at least 30 days from the date of verification. Retroactive increases are charged when the certificate/voucher holder has failed to provide required information within 30 days of income or family change. Administrative Plan rev 11/93) -page 20 Page 25 of 64 Pages Agenda Item No. J. Termination and Family Moves 1. Briefing sessions will emphasize that along with family right's, there are family responsibilities. Families will be reminded that if their actions cause the PHA to pay any claims under the contract on their behalf to the owner, they will be required to reimburse the PHA. Any payment made by the PHA and received by the owner in good faith that the tenant was still in the unit that month, will be treated the same as a vacancy claim by the PHA and will require that the tenant reimburse the program for the funds spent for the rental of an unoccupied unit. Families that move without proper prior written notice to the owner and the PHA will be denied future participation for a period of three (3) years for breach of their Family Obligations. 2. Utility hookup or transfers is one of many ways the PHA has to establish move out dates. Movement from one unit to another unit usually involves the connection or transfer of utilities at the new unit and disconnection of utilities at the old unit. 3 . Owners are required to follow eviction procedures consistent with their contract, state and local laws. 4 . If the family has committed fraud or misrepresentation in connection with federal housing programs, the PHA may terminate assistance and cancel the HAP contract. The PHA will make every effort to recover any overpayments made on behalf of the tenant as a result of fraud or abuse. 5. If the owner has committed fraud or misrepresentation in connection with federal housing programs, the PHA will terminate the HAP contract and review the circumstances and family's involvement to determine if the family is eligible for re-certification to relocate to another unit with continuation of assistance. The PHA will make every effort to recover any overpayments made as a result of landlord fraud or abuse. 6. If the unit no longer meets minimum HQS because of the tenant's failure to maintain the unit in a decent, safe and sanitary condition, including failing to keep utilities on, and the tenant fails to bring the unit into compliance despite good faith efforts by the owner and the PHA, it may be necessary to cancel the HAP contract. Every effort, including the use of church and social service agencies' assistance will be used to correct the problem and prevent the loss of assistance. If a contract is canceled for this reason, the PHA may refuse to extend continued assistance to the family for failure to conform to the Family Obligations. Administrative Plan rev 11/93) -page 21 Page 26 of 64 Pages Agenda Item No. 7 . If it is necessary to cancel a HAP contract due to the owner's failure to respond to notification that the unit no longer meets minimum HQS, and the current tenant has to be moved to continue receiving assistance, the PHA will not approve a new lease/contract on that unit for a period of one year, and until the PHA receives assurances that the owner will fulfill the program requirements in the future. 8 . Each case that results in eviction, termination of program participation, or failure to give proper notice will be reviewed by the PHA. If the review results in a determination of ineligibility for future program participation, the family will be notified in writing describing the reason(s) and t'on and thegroundsforthatdetermination p rocess to make an appeal. 9. If the family or person was terminated from the program for cause, they may not be added to any other family's lease until the three year period is over. Any time a family is terminated from the program, the next eligible family with the highest preference for that bedroom size will be notified of the availability of assistance. 10. If a family wishes to move within the program area, they will be offered a new certificate or voucher to look for new housing. The family will be reminded to notify the Section 8 office, in writing, if they decide to vacate their unit. The date of this notification will be indicated in the family's file. The family will be advised that to continue on the program they must contact the owner in writing and verify that all rent and utility bills are current and paid to date. 11. If a family wishes to move outside the PHA program area, a review briefing will be given on portability requirements. The PHA, as either the initial or receiving PHA, will make every effort to absorb or encourage the absorption of the rental assistance within the PHA's own program. a. ) Certificate Portability. Portability of certificates is a statutory right for families wanting to transfer within the boundaries of the state in which the PHA is located. Wichita palls is not contiguous to another MBA across the state line in Oklahoma and therefore can restrict certificate transfers strictly to the State of Texas. Administrative Plan rev 11/93) -page 22 Page 27 of 64 Pages Agenda Item No. b. ) Voucher Portability. The PHA will permit no more than fifteen (15%) of its Vouchers holders to transfer to other PHAs under the portability procedures. Families may transfer to other PHAs, including those outside the State of Texas, under the following conditions: 1. ) The receiving PHA will receive no more than 80% of the administrative fee for the portable Voucher, 2. ) The receiving PHA may receive the preliminary fee for any new unit (limited by cost-justified expenses submitted up to the maximum amount allowed for this purpose) , if the portable Voucher qualified for the preliminary fee, 3. ) The initial PHA must reimburse the receiving PHA for the full amount of the housing assistance payments made by the receiving PHA on behalf of the family, 4. ) Depending upon availability, families transferring to this PHA may be issued a Certificate or a Voucher. K. Special Claims Payments This section will be copied and provided to owners at the time of a special inspection and prior to submission of a special claim. Owners will be reminded that under Texas Property Code, Chapter 92 , Sub-chapter C "Security Deposits for Residential Tenancies", they are required to provide the tenant with an accounting of their security deposit within 30 days after the tenant surrenders the property. The owner must furnish a tenant with a written description and itemized listing of all deductions; however, under the law, the owner has no duty to seek out a forwarding address. The owner may request that the Section 8 office forward letters to tenants for whom the Section 8 program has knowledge of their new address. 1. Certificate Program a. The HUD Handbooks and the Housing Assistance Contract contain rules for the payment to owners of vacancy loss and damage claims. b. Damage and Vacancy Loss Claims are considered separate claims. An owner collecting a vacancy claim will not have a damage claim reduced by the amount of the vacancy claim. Administrative Plan Page 28 of 64 Pages rev 11/93) -page 23 Agenda Item No. c. In processing a vacancy loss claim, the following procedures will prevail: 1) The tenant must have vacated the unit in violation of the lease or have been legally evicted by the owner for just cause. 2) The owner must notify the PHA of both the vacancy and new leasing date. The owner must make every reasonable effort to lease the unit after the vacancy is known. This effort includes, but is not limited to placing an ad in the local newspaper with the statement Section 8 families welcomed", seeking referrals by the PHA or other open market methods. Copies of the ad must be provided the PHA. 3) The owner will be allowed to claim the remainder of the rent for the month in which the vacancy occurs. If a family moves out in a manner that causes the PHA to paytheownerforperiodswhenthefamilyisnotintheunit, the PHA will require repayment of these amounts just as in the case of a vacancy claim. If the unit remains unoccupied past the end of the first month, the owner will be entitled to an amount of 80% of the daily contract rent for each day the unit is vacant during the month immediately following the vacancy date. 4) When the maximum allowable vacancy loss amount has been calculated, any amounts paid by the family for the vacancy period will be deducted. The remainder will be the allowable vacancy claim. d. To claim unpaid rent, the landlord must have informed the PHA, in writing, that the tenant has not paid their portion of the rent in the month for which payment has been omitted, and must have taken all actions provided under the contract/lease, including eviction, to remedy the situation. Unpaid rents for any month prior to month in which move-out or eviction occurs will not be approved without this notice. In the case of the certificates, reimbursement for unpaid rent must not exceed the lesser of the amount owed the owner or two months contract rent, minus the greater of the security deposit actually collected or that could have been collected by the landlord. Administrative Plan Page 29 of 64 Pages rev 11/93) -page 24 Agenda Item No. e. When computing reimbursement for a damage claim, the following procedures will be followed: 1) The tenant must have vacated the unit in violation of the lease and moved to different landlord's property or moved to different landlord's property at the end of the contract period, or have been legally evicted by the owner for just cause. 2) If the owner suspects that there may be damages, they shall request an inspection immediately upon a tenant vacating the unit in violation of the lease or at contract expiration. The owner may accompany the Housing Counselor(s) during the inspection for tenant related damages. The tenant also has a right to participate in the inspection if they desire to be there. 3) At the time of inspection, items that may be claimed as damages will be explained to the owner. Within the damage claim portion of the special claim, the owner may request reimbursement for documented haul-off costs associated with removal of the tenant's abandoned furniture and clothing, as well as excess trash. If the tenant was responsible for yard maintenance, and the inspection calls for yard mowing and clean up, the owner may make a claim for these costs. The PHA may use their discretion when determining actual tenant damages and can prorate the cost of replacement, based on previous inspection reports and the present condition of the unit. The owner will be reminded that there is no reimbursement for: a. items that were not identified as damaged in the inspection report, b. normal cleaning (i.e. , soiled floors and carpets) , c. normal repainting (general painting or covering of minor nicks and scrapes) , or d. normal fair wear and tear repairs (i.e. , worn carpets or floor coverings, rotted or deteriorated doors, windows and screens, etc. ) . Administrative Plan rev 11/93) -page 25 Page 30 of 64 Pages Agenda Item No. 4) Only after tenant-related damages have been repaired and a second inspection has been made to confirm that fact will a damage claim be calculated. The claim shall be based on reasonable costs incurred to repair the tenant-related damages. The owner may use a sample repairs cost listing that has been prepared by the PHA or they must provide paid itemized receipts for the labor and materials needed to correct these damages. Receipts must be dated, identify the unit address, and be for an item that was on the damage inspection. Bills for individuals providing labor must include their name, mailing address and telephone number. The landlord may not bill himself for his own labor since it is not considered by the PHA to be an actual cost. 5) In order to claim any part of the security deposit, Texas law requires that the owner must provide the tenant with detailed information on the claims against the security deposit for unpaid rent, damage or vacancy within thirty (30) days of vacating. The owner must first make every effort to recover, from the tenant, any amount claimed in excess of the security deposit. A copy of the tenant payment request must also be provided to the PHA. If this effort results in no recovery of funds within 10 days, a claim may then be submitted to the PHA. 6) The maximum claim amount will be the lesser of the amount of damages, or two month's contract rent, minus the greater of the security deposit the owner actually collected or could have collected under the program guidelines. 7) Texas State law requires the property owner to notify the tenant of any charges against the security deposit and provide the tenant with a complete itemized list of those charges and/or to reimburse the tenant for any unused amounts from the security deposit within thirty (30) days of move-out. The PHA requires at least ten (10) days from this notice/request, for the tenant to pay the landlord. The PHA has a responsibility to provide rental assistance to the maximum number of families that it can fund within program limits. The state requirements for settlement and the PHA responsibility make it essential to ensure that all special claims materials, request and procedures must be completed within 90 days of the move out inspection. Administrative Plan rev 11/93) -page 26 Page 31 of 64 Pages Agenda Item No. 2 . Voucher Program Reimbursement claims are processed in the same manner as the Certificate Program except for the following: a. In the case of a tenant vacating a unit in violation of the lease, the owner may retain the subsidy paid for the month in which the vacancy occurred. No other vacancy amounts can be claimed or paid for bv, the PHA. b. The owner may claim reimbursement for unpaid tenant rent and actual cost of repairs for tenant related damages; however, the total amount payable shall not exceed the contract rent for one (1) month, minus the greater of the security deposit the owner actually collected or could have collected under the program guidelines. 3 . Certificate/voucher holders that remain in the same unit or with the same landlord, but have tenant related damages on the annual/renewal inspections, may be billed by their landlord for any PHA identified damages by providing the tenant and PHA with detailed listing of materials and billing for labor. The landlord may enter into an agreement for the tenant to repay the damage amount on a monthly basis. A copy of this agreement must be provided to the PHA and placed in the tenant's file. 4. If the tenant is employed or receiving sufficient funds to cover damage claims and their current location is known, the landlord may be required to file a claim in small claims court to recover the monies owed. Owners are encouraged to file in Small Claims Court for any amount not, covered by the special claims payment. The owner is ask to report, to the Credit Bureau, any un-reimbursed losses caused by the tenant . 5. Owners will be thoroughly briefed on claims for reimbursement, and the collection of security deposits. Owners will be strongly encouraged to collect the maximum amount of security deposit to which they are entitled. The owner's rights and obligations to properly screen the applicant's past rental history will be explained. While certificate or voucher holders cannot be denied acceptance by the owner based on race, familial status, color, religion, sex, national origin, handicaps, or age, the owner may deny occupancy (the same as they may with unassisted families) based on the following areas: (i) past record of late or non- payment of rental obligations, (ii) abuse, damages or neglect of property in the past, or (iii) references of previous landlords. Administrative Plan rev 11/93) -page 27 Page 32 of 64 Pages Agenda Item No. 6. Applicants and participants will be counseled, during certification and re-certification briefing, of the PHA's policy on claims repayment and their responsibility to reimburse the PHA for any monies paid by the PHA on their behalf to the owner for damages, vacancies or unpaid rents. 7 . The PHA is the sole source for both the offer of and the approval of any repayment agreement. Families wishing to remain on the program will be required to repay any amounts paid to the owner by the PHA on their behalf during the current certification period. The monthly repayment amount may be reduced, and/or the length of time may be extended by the PHA, up to twenty-four months, in cases were tenant income has decreased. No move will be permitted for any family that is still under a repayment agreement. Persons leaving the program owing monies to the PHA will have to repay those monies in full prior to being eligible for re-admission. 8. Participants will be informed that only one repayment agreement at a time will be authorized. Families with a current repayment agreement that incur a second set of claims may only be renewed when one of the claims is paid in full. L. Complaints and Appeals. 1. Applicants shall have the right to an informal review for most decisions made by the PHA during the application and eligibility determination process. The entire process is described in the Housing Division's grievance procedure which is handed out during application taking and is again given during the certificate or voucher briefing. 2. Participants shall have the right to an informal hearing for any action that increases their share of the rent or in cases where the PHA reduces or terminates assistance. Records will be maintained by the PHA on any complaint or appeal. 3 . In any case of alleged discrimination, the PHA will refer the case to the Commission on Human Needs or the regional HUD office as outlined in the EOHP. 4 . Both owners and tenants have the right to present any complaint or disagreement to the PHA (i.e. , vacancy or damage claims, contract or lease interpretation, etc. ) . Administrative Plan rev 11/93) -page 28 Page 33 of 64 Pages Agenda Item No. 5. If differences cannot be resolved on an informal basis with the Housing Counselor III, a review or hearing will be with the Housingrequestedwig & Community Development Administrator. In the event a solution is not made then, the Community Development Director will be consulted. If none of the above inform al meetings produce agreement,reement, a formal review or hearing will be arranged with the City Manager. The appellant may be represented by counsel, if desired, at any or all the above steps. M. Monitoring Program Performance 1. Establishing and maintaining high quality administrative and management practices to achieve the goals of the PHA is a primary objective. The PHA's primary goals are: (a) to promote greater housing opportunities for lower income families, and (b) to stimulate applications and participation from the widest range of eligible families. 2 . The Housing Counselor III or Housing and Community Development Administrator will meet with real estate agents, apartment managers, property owners and rental property developers to encourage their understanding and participation in the Section 8 program. 3. The Housing Counselor III or Housing and Community Development Administrator will contact and provide information in the best forms possible, written or verbal, to groups representing the elderly, disabled, handicapped, or otherwise disadvantaged. These meetings will be designed to stimulate applications and participation from these groups, which in the past, have not applied in the proportions expected. 4. The Housing Counselor III or Housing and Community Development Administrator will maintain contact with the widest range of social service agencies and groups to provide outreach to all eligible families, who may not otherwise have knowledge of the program and the procedures for applying. 5. A minimum occupancy rate of 95% will be maintained by the PHA. The future availability of certificates and vouchers will be monitored to determine the number, type, bedroom size and approximate date of availability in order to maintain this occupancy rate. A monthly bedroom utilization report will be used for this purpose. Changes in the expected turnover rate may cause the PHA to have more units under lease then are authorized by the ACC. This overage should not exceed approved ACC funding for more than 60 days. Administrative Plan rev 11/93) -page 29 Page 34 of 64 Pages Agenda Item No. 6. The PHA will maintain and monitor applicant and participant composition to ensure EOHP objectives and federal reporting requirements. 7 . The program administration, Administrative Plan and Equal Opportunity Housing Plan, as submitted by this PHA, will be revised on an as required basis. N. Rental Rehabilitation Program 1. All certificates and vouchers allocated to the PHA for the Grantee's Rental Rehabilitation Program have been used, at least once, for their stated use and no additional linked assistance is expected or available. 2 . If any very low income tenant, as define by federal regulations, is displaced by Rental Rehabilitation Program activities, they will be offered rental assistance as required by federal guidelines. See the section on Federal Preferences. 3. To help assure that the Rental Rehabilitation grants will be used to benefit eligible persons, the PHA will maintain a listing of all completed RRP units and refer all new certificate or voucher holders to these units; however, the families are free to move to any acceptable unit within the PHA's jurisdiction consistent with the "finders-keepers" policy of Subsection 882. 103 . 0. Family Self-Sufficiency:, The Family Self-Sufficiency program operational guidelines are hereby included as a part of this plan as if reproduced in their entirety. See attached 788 action plan. III. BUDGETING AND STAFFING NEEDS The attached figure displays the administrative salary costs and job functions for the Section 8 program operated by the City of Wichita Falls' Housing Division. All costs incurred in administration of this program will be charged to either the Section 8 Certificate or Voucher Programs. No persons reflected in the Section 8 budget will serve in a variety of positions which will result in exceeding more than 100% of their allocated time. Administrative Plan rev 11/93) -page 30 Page 35 of 64 Pages Agenda Item No. SECTION 8 COMBINED CERTIFICATE AND VOUCHER DETAILED BUDGET REQUEST 93-94 ACCT #DESCRIPTION/JUSTIFICATION 93/94 PERSONNEL SERVICES 4111 Salaries, Supervision (Hsg/CD Admin) 50% of Salary - balance 50% in CDBG 20,420.40 4112 Salaries, Clerical (Clerk-Typist II) (100%) 13 ,780. 00 4113 Salaries, Operational (Hsg/CD Spec) 25% of Sala ry - balance 75% in CDBG 9, 961. 12 Section8/75% CDBG)Coordinator (25% 8, 804. 12 Housing Counselor III (100%) 26,840. 32 Housing Counselor II (100%) 23, 144. 16 Housing Counselor I (100%) 18, 532 .80 Total for salaries 121,482.92 4121 FICA on above salaries 9,293 .44 4122 Retirement on above salaries 9,913. 00 4123 Life Insurance - on above salaries 256.49 4124 Health Insurance - on above salaries 5,400.00 Hsg/CD Admin, Hsg/CD Spec, and Grant Coord. paid from CDBG) 41xx Class Totals 146, 345.85 4214 Minor Furniture 250. 00 4220 Office Supplies 2, 000.00 42xx Class Totals 2,250.00 MAINTENANCE AND REPAIR 4315 Central Garage Servcies (2 Cars @ 1,237) 2,474.00 4320 Maintenance Office Furniture/Equip. 262.50 43XX Class Totals 2,736.50 UTILITIES AND OTHER SERVICES 4410 Telephone/Telegraph 334.78 4430 Professional Fees 9,275.00 4440 Educational Registrations 1,500.00 4441 Memberships 240.00 4442 Travel 2, 125.00 4470 Advertising 1,500. 00 Fair Housing advertising and activities. Classified-ads seeking new landlords. 4471 Binding/Printing 1,500.00 4491 Postage/Freight 4,000.00 44xx Class Totals 20,474.78 5430 Car Radios (2 @ $600) 1,200.00 COMBINED TOTALS 173,007. 13 Page 36 of 64 Pages Agenda Item No. r--+- T 1 --- F i __. IA N N N. g g g0! i` Lel N N - , - r-I 2 2 e P i x x >4 > 1 Z o it..u. a i t iC X X z o _i u o i 7- N Z I C DC )4 iC !E Z L b x DC o!I x x 0 HEiJfr+J a N C Ili x o 3 a U F k - Q ceF Z 0 O Z v o Q Z 0 ce 1• x = CC"V Y i l X fie,' ,'gel Q Z r3 8251 t I 0 Ivts n yams W a a Or a ON n. 1 V NIL-t V MX X 1N- m 111- '1a 1 IV X X u { z M N N r+ 0 9 b W/ 1 1 51 1 7. a P A N a e \ vi z 1 Page 37 of 64 Pages Agenda Item No. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN Page 38 of 64 Pages Agenda Item No. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN I. INTRODUCTION: The Family Self-Sufficiency Program (FSS) strives to provide supportive services to enable participating families to achieve economic reliability and self-sufficiency. This goal seeks to promote the development of local strategies, coordination, and assistance under Section 8 housing with public and private resources. A. An Agency Task Force committee will be formed to implement this program. This committee will be comprised of local educators, business directors, city government officials, social service agencies and representatives of present Section 8 tenants: B. The mission of this program is to empower families to move from a state of dependence to economic self- sufficiency. The objectives of the program are: 1. Assist participants in acquiring educational opportunities. 2. Assist participants with developing employment skills and training. 3. Assist participants in accessing available child care programs. 4. Increase participant's self-esteem and self-worth. 5. Enhance participant's parenting skills. 6. Assist participants in accessing other available community resources. 7. Network with other social service agencies to avoid duplication of services, and to identify and mitigate gaps within current programs. II. ADVERTISEMENT: Applicants will be notified of the Family Self-Sufficiency Program through notices mailed to all current Section 8 housing participants (Attachment 1) and through the Certification/Voucher Holder's Packet. Page 39 of 64 Pages Agenda Item No. III. DEMOGRAPHICS: The Housing Division of the City of Wichita Falls currently provides services for Section 8 clients within the service area. We expect the FSS participants to be representative of the current ethnic-racial make-up of current assisted housing participants.Out of the 520 families presently being assisted, 8% are Hispanic. 37% black, 1% Asian and 54% white. IV. SELECTION/SCREENING CRITERIA:The City of Wichita Falls Housing Agency will phase sixteen (16) applicants into the FSS program. The remaining FSS program applicants will be enrolled in the first available opening according to their application) on the FSS Program position b time and date of pppY Sign-Up List. The PHA plans to enter into Family Self- Sufficiency Contracts with certificate/voucher holders for the bedroom sizes indicated: one (1) 1-bedroom, ten (10) 2- bedroom, five (5) 3-bedroom and one (1) 4-bedroom units, based upon family composition. The Program Coordinator, in conjunction with other members of the Task Force, will develop a selection and screening criteria which must be met by all participants, as follows: A. Selection Criteria 1) Participant must be currently on the Section 8 Housing Assistance Program. 2) Participant must have some reliable method of transportation. 3) Participant must currently be or can be classified as head of the household. 4) Participant must successfully complete the FSS orientation class(s) and one-week survival skills training. 5) Participant must agree to adhere to all policies associated with the FSS Program. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 2 Page 40 of 64 Pages Agenda Item No. B. Screening criteria - 1) Orientation - An overview of the Family Self- Sufficiency Program, including its benefits and expectations. 2) Application Completion Review - Upon completion of orientation, applications will be taken and reviewed by the Agency Task Force.Once reviewed, the applicants will be sent letters of notification of acceptance or non-acceptance, based on Selection Criteria requirements. 3) Assessment - Applicants who meet Selection Criteria will be scheduled for intake and assessment, and the one-week Survival Skills course which includes discussion of the following topics: a. Self-Esteem f. Child Management b. Housekeeping g. Assertiveness c. Budgeting h. Coping Skills d. Nutrition i. Time Management e. Personal Care j . Community Services 4) Acceptance - Upon completion of the Preparatory. Training Program, participants will be scheduled to sign the FSS Program Contract (HUD-52650) . Their case plan and progress will be monitored by a case- manager, or other assigned specialist. V. Implementation Schedule: FSS participants will be enrolled into the program accordingly; (Phase 1) Four (4) participants in within twelve (12) months; (Phase 2) Four (4) additional within eighteen (18) months; and (Phase 3) the remaining eight 8) participants enrolled within twenty-four (24) months. This schedule is staggered because of several factors associated with planning and implementing this type program. Attachment 2) These factors include client attrition in the program and the realization that intensive case management and support are imperative in getting families engaged and actively participating. These intervals will allow for this process to more effectively take place. VI. Program Designs: The program design will consist of several tracks based on the individual needs of the client. Each client may begin at a level of Remedial Education/GED, Job Search/Employment, or a Training phase. The head of household must seek and maintain suitable employment during the term of the FSS Program and any extension thereof. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 3 Page 41 of 64 Pages Agenda Item No. vII. Escrow Account: An escrow account will be established for each family participating in the FSS program once they have obtained earned income. The Housing and Community Development Administrator and Grants Coordinator will monitor these accounts. The escrow account will be established and maintained on a monthly basis for each individual participant. Checks will be printed and deposited monthly into each escrow account. The bank will furnish monthly statements showing accumulated funds and interest. vIII.Portability: The Housing Agency will require the family to live in the Initial PHA's jurisdiction in order to participate in FSS.Families choosing to move with FSS must first demonstrate to the satisfaction of the Housing Agency that the participating family will be able to fulfill its responsibilities under the Contract at its new place of residence. Families choosing to move, who cannot achieve the objectives and goals agreed upon under the Contract of Participation in another location, will be terminated from the FSS Program and the participating families FSS escrow account will be forfeited. IX. Termination: The Contract of Participation may be terminated by: 1) Mutual consent of the parties; 2) Failure of a participating family or a member of the participating family to honor the terms of the contract; 3) A participating family's achievement of self-sufficiency; 4) Expiration of the term of the contract and any extension thereof; 5) A participating family's withdrawal from the program; 6) Any act that is deemed inconsistent with the purpose of the program; or 7) By operation of law. NOTE: If the head of the 788 household doss not seek and maintain employment as specified in the 788 contract, or never finds employment during the contract's five-year term, the family has not met its 788 obligation and they can be terminated from the 188 program. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 4 Page 42 of 64 Pages Agenda Item No. X. Evaluation: A Management Information System (MIS) evaluation system for in-house purposes, will be established.This system will include tracking statistics, historical repository, program effectiveness, and any other analysis deemed necessary by the PHA. XI. Organizational Structure: The FSS Program will be administered through the Section 8 Housing Office under the auspices of the Housing and Community Development Administrator. (Attachment 4) XII. Program Coordinating Committee:The Program Coordinating organized with representatives(PCC) will be organ resentatives fromp public and private sectors who have agreed to: (1) assist in the development and implementation of program goals, objectives and policies; (2) develop a plan of action; and (3) identify and secure commitments of other public and private resources to fulfill program goals. xili.Partnership in the t lv Self-Sufficiency Program: A. Public Sector:, This list is not all inclusive. 1) Texas Department of Human Services 2) Texas Rehabilitation Commission 3) Interfaith Ministries 4) Mental Health Mental Retardation (MHMR) , Mental Health Association and Association for Retarded Citizens (ARC) 5) Wichita Falls-Wichita County Health Unit Immunization program, Women Infants and Children program (WIC) , health care. 6) Planned Parenthood, 7) Women's Forum/Junior League 8) Council on Alcoholism and Drug Abuse 9) Community educational providers Wichita Falls Independant School District, Region IX Education Service Center, Midwestern State University, Vernon Regional Junior College 10) NORTEX Regional Planning Commision federally and state funded training programs - JPTA, YOU, etc. ) . 11) Texas Employement Commision. 12) YWCA/YMCA, Boy's and Girl's Club 13) Child Care, Inc. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 5 Page 43 of 64 Pages Agenda Item No. B. Private Sector:, 1) Banks 2) Local Businesses 3) Individual Development Coporation (IDC) , Work Services Corporation 4) Sheppard Air Force Base 5) Savings & Loans/Credit Unions 6) Consumer Credit Counseling Services XIV. Coordinating Committee:, As many agencies and organizations will be enlisted to comprise the program coordinating committee as possible.Sub-committees will be formed to implement the Coordinating Committee's responsibility of program oversight. XVI. Conclusions: This comprehensive program is designed to help people become self-sufficient. It is through the enhancement and involvement of private and public resources that the Housing Agency will address long-term solutions to the growing need for assistance. Opportunities and advancements must be made available in order to ensure that economic viability is present to address the needs of clients in our community. FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 6 Page 44 of 64 Pages Agenda Item No. ATTACHMENT 1 IMPORTANT NOTIFICATION/APPLICATION FOR FAMILY SELF-SUFFICIENCY PROGRAM The Wichita Falls Section 8 Housing Assistance Payments Program will be administering a Family Self-Sufficiency Program (FSS) . The goal of this program is to enable families currently being assisted by Section 8 to achieve economic security and self-sufficiency. Families who would like to participate in the FSS program will be expected to attend all appointments set up by the Section 8 office. These meetings will explain program requirements and family obligations. If you are interested, please fill out the application below and return to the Section 8 Housing Office as soon as possible. You will be notified of the time, date, and place of the first meeting. PLEASE PRINT) NAME: ADDRESS: CITY,STATE: ZIP CODE: SIGNATURE DATE FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 7 Page 45 of 64 Pages Agenda Item No. Attachment 2 OPERATIONAL CHART - FAMILY SELF-SUFFICIENCY PROGRAM TASK FORCE CHAIRPERSON FAMILY SELF-SUFFICIENCY TASK FORCE COMMITTEE SELECTION COMMITTEE I HOUSING AND COMMUNITY DEVELOPMENT ADMINISTRATOR FAMILY SELF-SUFFICIENCY COORDINATOR FSS FAMILY FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN page 8 Page 46 of 64 Pages Agenda Item No. ATTACHMENT 3 TIMETABLE OF IMPLEMENTATION OF FSS PROGRAM STEPS/TASKS) 1. Select Chairman of Task Force. Meet with local government officials and By February 15, 1994) request participation. 2. Establish Task Force Committee Contact local social agencies,businesses, By April 30, 1994) membership.educators,etc. 3. Organize Program Coordinating By June 30,1994) Committee(PCC) 4. Selection Committee Organization and training of Selection By September 30,1994) Committee and sub-committees for implementation of program 5. Acceptance of applicants First four(4)FSS for participation after By November 15,1994) assessment and screening by Task Force Committee FAMILY SELF—SUFFICIENCY PROGRAM ACTION PLAN page 9 Page 47 of 64 Pages Agenda Item No. EQUAL OPPORTUNITY HOUSING PLAN Wichi a11s TEXAS Page 48 of 64 Pages Revised November 1993 Agenda Item No. CERTIFICATIONS IN CONNECTION WITH THE OPERATION OF A SECTION 8 EXISTING HOUSING PROGRAM Instructions: The applicant agency must provide assurances and certify to all of the following items. The applicant agency hereby assures and certifies that: i) It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and regulations pursuant thereto Title 24 CFR Part I)which states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance; and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of property, the transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. ii) It will comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284)as amended, which prohibits discrimination in housing on the basis of race, color, religion, sex or national origin, and administer its programs and activities relating to housing in a manner to affirmatively further fair housing. iii) It will comply with Executive Order 11063 on Equal Opportunity in Housing which prohibits discrimination because of race, color, creed, or national origin in housing and related facilities provided with Federal financial assistance. iv) In establishing the criteria for the selection of tenants, the PHA or Owner will not utilize preferences or pri- orities which are based on (1) the identity or location of the housing which is occupied or proposed to be occupied or (2) upon the length of time the applicant has resided in the jurisdiction. The PHA or Owner shall treat non-resident applicants who are working, or have been notified that they are hired to work, in the jurisdiction as residents of the jurisdiction. v) If the proposed project is to be located within the area of a local Housing Assistance Plan (HAP), the applicant will take affirmative action to provide opportunities to ppii4cipate in the program to.persons expected to reside in the community as a result of current or plat( employment. booker 2A, 1993 }t]rg&CalanitY Dew-14ml aka Date) Title) ignature) Replaces Forms MUD-912 and MU0-11901, which are obsolete MU0-916 i1-76) Page 49 of 64 Pages Agenda Item NO. f Section 8 Projects for Wichita Falls, Texas 18-Nov-93 EQUAL OPPORTUNITY HOUSING PLAN CERTIFICATE AND VOUCHER PROGRAMS 1 CITY OF WICHITA FALLS, TEXAS 1300 SEVENTH STREET (PO BOX 1431) WICHITA FALLS (WICHITA COUNTY) , TX 76307 TELEPHONE (817) 761-7454 Project Numbers Total Bedroom Distribution Remarks Units I 1 ier2 ACC l I I34 TX-21-E498-003 18 1 5 9 2 1 TX-21-E498-004 42 3 5 19 12 3 TX-21-E498-005 30 1 3 17 6 3 TX-21-E498-006 14 0 0 14 0 0 (1) TX-21-E498-007 37 3 8 11 12 3 TX-21-E498-009 19 1 2 8 6 2 TX-21-E498-013 16 2 4 5 2 3 (2) Replacement Increments TX-21-E498-012 I 157 50 I 27 4 43 9 18 ( 12 8 ( 3) ACC-Certificates 383 1 42 79 150 82 30 383 TX-21-V498-007 13 0 0 13 0 0 (1) & (3) TX-21-V498-008 15 1 2 6 5 1 TX-21-V498-009 17 0 0 17 0 0 (3) TX-21-V498-010 51 13 13 13 9 3 (3) TX-21-V498-012 11 0 0 11 0 0 (3) TX-21-V498-013 46 6 6 15 15 4 (3) TX-21-V498-015 8 0 2 3 3 0 (4) ACC-Vouchers 1 161 1 20 23 78 32 8 s=ss=ss==s Note: (1) RRP Cert or Voucher- all funded as 2 bedroom 2) Post 1989 - New Increment (FSS) 3) Replacement Increment 4) Loan Management replacements 4 2/+ 1993 1 r l lL z L ' 1 Signature of Pero u•mitting Plan DATE CATHERINE FITCH HOUSING AND COMMUNITY DEVELOPMENT ADMINISTRATOR Official Position Page 50 of 64 Pages Agenda Item No. EQUAL OPPORTUNITY HOUSING PLAN CERTIFICATE AND VOUCHER RENTAL ASSISTANCE, THE RENTAL REHABILITATION AND FAMILY SELF-SUFFICIENCY PROGRAMS OBJECTIVE I: OUTREACH TO INCOME ELIGIBLE FAMILIES A. Public Service Announcements/News Releases. 1. The PHA will brief the news media, as needed, on any changes in the Section 8 program. All local media have been very cooperative in providing free information on the programs either as news items or public service to the general public. News releases and public service ads will be in accordance with HUD advertising guidelines and mention the Equal Opportunity Housing statement or display the logo. 2 . The PHA will distribute available information and materials to interested parties through its office and the following: the Public Housing Authority offices, Community Action Groups, Sheppard Air Force Base Off-Base Housing Referral Office, NAACP, United Way and area civic clubs. These methods will afford the widest possible base for publicizing the program. B. Paid Advertisement. 1. If the on-going methods of free advertising the programs do not provide a pool of eligible applicants in the correct demographic proportions, a paid advertising program will be utilized as needed. If a waiting list of the proper mix does not exist when any additional increments of units is authorized, all forms of media including paid advertising will be used to inform interested groups and individuals. 2. To the extent administrative funds are available, advertisements will be published in the (Wichita Falls) Times Record News and The Shopper (a weekly paper delivered free to all area homes) . The ads will include the "Equal Housing Opportunity" logo. C. Special Outreach to Groups Less Likely to Amly. 1. Based on previous experience, persons of all races that are elderly, disabled, handicapped or those working persons with very low incomes are not expected to apply for housing assistance without special outreach. Page 51 of 64 Pages Agenda Item No. 2 . To stimulate applications from the above groups, information on the Section 8 programs will be disseminated to organizations specializing in rehabilitation (i.e. , Beacon Lighthouse of the Blind, Texas Rehabilitation Center, North Texas Rehabilitation, Individual Development Center, Work Services, Inc. , MHMR, ARC, etc. ) , senior citizen groups, Region XI Education Center, church groups, and other area service organizations that can assist in informing these selected groups. D. Other Sources of Information. It has been determined that because of the wide-spread information services described in the above paragraphs that no additional action will be required to provide outreach to the expected-to-reside category. Information is provided to the Board of Commerce and Industry (BCI) , Texas Employment Commission, Social Security Administration, and Department of Human Services on the Section 8 programs. A newsletter may be created and distributed. This newsletter would contain appropriate information and updated program revisions. OBJECTIVE II: PROMOTING GREATER HOUSING OPPORTUNITIES FOR FAMILIEB OUTSIDE AREAS OF LOW-INCOME AND MINORITY CONCENTRATION A. Low Income Areas. The City of Wichita Falls has defined those areas of the City which have an above average concentration of minority population or are financially impacted. The attached figures 2 and 3 indicate impacted areas using data available from 1990 Census counts. The strategies developed to implement this objective will focus on these defined areas. B. Owner Notification. The media strategy to be used in notifying owners of rental property of the availability of the Section 8 Housing Assistance Payments Program will be the strategy described in Objective I above. This will be a recurrin g process of sufficient magnitude to assure the u availability of sufficient units to maintain lease-up of 95% at all times. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 2 Page 52 of 64 Pages Agenda Item No. C. Unit Location. The Section 8 Existing Housing Program is designed as a "finders-keepers" program.Applicants and participants are informed that they may submit a Request for Lease Approval on any unit they desire, regardless of location, if that unit meets or can be made to meet the program requirements and Housing Quality Standards. Much of the affordable existing housing stock and most of the Rental Rehabilitation Program units are located in the older areas which are in general the impacted areas; therefore, the desired level of participation outside impacted areas should be at least 30% of all families. In order to encourage and promote participation by owners of units outside low-income and minority areas, the PHA will explain the Section 8 program and provide information to the Wichita Falls Board of Realtors, the North Texas Rental Property Associations and local real estate developers inviting their participation in non-impacted areas. The PHA will maintain records on all families, by race, in each census tract to assure attainment of this goal. D. Request for Lease Approval. The Housing Counselor(s) will explain program regulations and provisions to owners who have submitted a Request for Lease Approval.This will be accomplished in every case and shall include Local, State and Federal regulations concerning procedures for equal housing opportunities, and the complaint and appeal procedures. E. Information on Fair Housing. Information on Local, State and Federal Fair Housing laws and the use of Form HUD-903 , Housing Discrimination Complaint, will be provided to all eligible applicants, owners and agencies other then those which were listed in Objective I. F. Unit and Owner Lists. The PHA shall maintain a current list of interested owners with available units by bedroom size to assist recipients of this program. As applicants are qualified for participation in this program, the list of available units will be provided as well as information on other sources the applicant may use to find suitable housing. G. Tenant Choice. Nothing in these procedures shall prohibit a certificate or voucher holder from submitting a Request for Lease Approval to continue occupancy in the dwelling unit which the applicant presently occupies. H. Accessibility_. The PHA staff may provide assistance to families that because of age, handicap, disability or other reasons are unable to locate acceptable units. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 3 Page '53 of 64 Pages Agenda Item No. I. Opertional Area. The operational area for the PHA shall be limited only by the statutory requirements of current federal laws and HUD regulations on servicing rental assistance outside of the political limits of the city. As there are no shared or adjacent MSA's across the state line in Oklahoma, the staff will operate within the geographical boundaries of the State of Texas. OBJECTIVE III: ENSURING EQUAL OPPORTUNITY TO APPLICANTS FOR PARTICIPATION IN THE EXISTING HOUSING PROGRAM AND IN THE SELECTION OF PARTICIPANTS The PHA will adhere to the procedures outlined in the most current HUD regulations and guidelines in regard to application taking, eligibility and selection criteria. A. Completion of Applications. The Housing Division office will provide information to all interested organizations and parties. Federal preferences will be explained and families encouraged to gather the verification required. Persons with handicaps or disabilities that need assistance in the completion of the application will be aided by the staff. The Section 8 office is accessible allowing mobility restricted applicants to apply. 1. When the waiting list is open, an applicant can complete and return an application any time between the hours of 8:00 AM and 5:00 PM every Tuesday in the Housing Division office in Memorial Auditorium, 1300 Seventh Street, Wichita Falls, TX. Applications will be reviewed for completeness, but not accepted until completed. The Housing Division staff will use a mechanical Date-Time Stamp to mark the time and date of acceptance of the completed application. a. If there is no one on the waiting list for a specific bedroom size, the taking of applications has not been suspended, and funds are available to assist families, applications will be accepted at any time for that bedroom size and families assisted as they are placed on the waiting list. b.If there are eligible applicants with federal preferences that cannot be housed immediately, they will be placed on the waiting list based on the date and time the PHA received their completed application. If there are more persons with federal preferences than can be assisted within a reasonable period of time (12 months) the PHA will formally close the waiting list on that bedroom size by publishing public notices in a paper of general circulation. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 4 Page 54 of 64 Pages Agenda Item No. c. Persons who work during the time period used for a. Applicants will have their names placed in the segment of the waiting list book for the proper bedroom size for their family size, by the date and time the application is received. Applicants will be given an estimate of the range of months until assistance can be expected to be available. Arrangements can be also be made, with a 24 hour notice, for staff to accept applications outside of normal working hours. B. Determination of Applicant Eligibility. There are two major factors that are used to determine eligibility of the family. The family cannot exceed the income limits established by HUD, and the family must meet one of the familial situations as defined in the most current federal laws and regulations. i.Applicants will have their names placed in the section of the waiting list book for the proper bedroom size by the date and time the applicant is received. Applicants will be given an estimate of the range of months until assistance can be expected to be available, and informed of this estimate because most will not be assisted within the first 90 days of their application. They will have to renew their applications every 90 days thereafter until they can be assisted. The application form has a highlighted information block on both front and back that states that the application is good for 90 days and that the application must be renewed every 90 days to remain active on the waiting list. A pre-printed reminder form with instructions on how to renew the application is given to the applicant when they apply. The form has a blank space that the PHA uses to enter the first renewal date. 2. This waiting list will provide sufficient information to determine any federal preferences and/or priorities for assistance as units become available. Applicants will be assigned within the waiting list to the smallest bedroom size appropriate to their family size. The occupancy standards in Paragraph 4-8 of HUD Handbook 7420.7, for the minimum and maximum number of family members, will be used as the standard except that a very small child (up to 2 years of age) may share a bedroom with a single parent. The Living Room will not be counted as a sleeping room. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 5 Page 55 of 64 Pages Agenda Item No. 3 . Anyone found to be ineligible will be notified, in writing, at the address they furnished on the application. The notification shall include information for requesting an informal review following the steps outlined in the APPEALS Section of this Plan. C. Additional Requirements Along with the eligibility requirements above the PHA has added the following: 1.Applicants and participants will be warned that persons not on the lease are not part of the family, even if they are related by blood, marriage or legal instrument. Attendant care persons whose incomes are not counted for determining the eligibility and the rent of the family would not be parties to the lease and would not be considered the remaining member of the tenant family in the event the lessee dies or vacates the dwelling unit. 2. The federal rules provide for denial of participation to an applicant or termination of housing assistance to a participant if a family has breached or breaches its Family Obligations, or commits fraud in connection with a federal housing assistance program. The PHA will also deny participation or terminate assistance for failure to fulfill a repayment agreement. 3. The eligibility of persons or families for participation or to receive continued assistance that are involved with drugs or violent crimes will be determined using the most current federal requirements and guidelines. 4. Families who have formerly participated in federal rental assistance programs and moved without proper notification, as required in the Family Obligations, are deemed to be ineligible for a period of three (3) years from the date of that move. 5. In addition to the above guidelines, the PHA will also deny housing assistance if an applicant has not repaid money owed to this or any other PHA in connection with the public housing or Section 8 programs. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 6 Page 56 of 64 Pages Agenda Item No. D. Selection of Families for Offers of Assistance. 1. Selection for rental assistance will be governed by the applicant meeting ALL of the following eligibility criterion: a. The applicant must qualify as a family, and b. The gross annual income must fall within the income limits established by HUD for the City of Wichita Falls, Texas, and c. The family is the next eligible family with the highest preference and/or priority on the waiting list. 2. Current Federal Regulations define in detail the preferences for housing assistance and describe the methods by which they will be verified. A detailed list of these preferences is provided to and explained to new applicants. These preferences are used to establish a family's priority level on the PHA's waiting list. a. ) Families will be given priority for assistance as indicated below: First - Families with a federal preference and RRP preference; Second - Families with a federal preference; Third - Families with RRP preference only; Fourth - Families without either preference. b. )The Rental Rehab Program (RRP) funding is almost expended and no one is expected to be given a preference based on being relocated by the RRP. Any very low income family dislocated by rehabilitation activity funded by the Rental Rehabilitation Program may be issued assistance, if they are counted as part of the PHA's 10 % of applicants who can be issued assistance before those with a federal preference. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 7 Page 57 of 64 Pages Agenda item Pro. c. ) Federal preferences are (1) families that are involuntarily displaced, (2) families that currently live in sub-standard housing or (3) those that are paying more than 50% of their income for rent. None of the individual preferences of this second grouping is higher or better than the other and they all have the same weight for family selection. An example of this process means that a homeless family has the same preference as a family that resides in a sub-standard unit. A displaced family is equal to one paying more than 50% of their income for rent, etc. d. ) The PHA also has elected to allow selection for rental assistance, up to 10% of the total number of assisted units, to families with no federal preferences. e. ) When the applicant is to be among the next group of families to be assisted from the waiting list, the Housing Counselor III will schedule an appointment for the applicant to attend a certification briefing. Applicants will be informed, in writing, of the meeting place, time and date and to bring all necessary data to complete their application and verify their eligibility. An applicant's eligibility will be determined based on the most current Federal regulations and guidelines. Failure to attend this appointment without justifiable cause will result in removal of their name from the waiting list and the next family will be notified. f. ) Third Party verification of the eligibility and preference documentation provided to the PHA by the family shall be done by the Housing Counselor(s) , and follow-up contacts will be made with the source if there is a delay in their response. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 8 Page' 58 of 64 Pages Agenda Item No. g. ) The Housing Counselor III will monitor and review the characteristics of applicant families to ensure that: 1)the income levels of participants and applicants will be in conformance with HUD regulations; 2) distribution between elderly/non-elderly authorized units is maintained; 3) bedroom unit distribution is maintained within limits; 4) the number of HAP contracts in effect do not exceed ACC authorization for more than 90 days; and 5) that there is sufficient funding to pay for all contracts before a new contract is entered into. h. ) Applicants will be assigned to the smallest bedroom size appropriate to their family size. The occupancy standards in Paragraph 4-8 of HUD Handbook 7420.7, for the minimum and maximum number of family members, will be used as the standard except that a very small child (up to 2 years of age) may share a bedroom with a single parent. The living room will not be counted as a sleeping room. OBJECTIVE IV: PROVISION OF SERVICES AND ASSISTANCE TO FAMILIES THAT ALLEGE THEY HAVE ENCOUNTERED DISCRIMINATION DURING THEIR HOUSING SEARCH A. The services to be provided to a family in finding a suitable unit will include those services described in Objective II, D-F. B. If the applicant feels that discriminatory practices have been encountered during the search for suitable housing, referral will be made to the Commission for Human Needs as established by the City of Wichita Falls. The PHA will assist applicants in completing the Discriminatory Complaint form, HUD-903. Applicants may also use the toll free 800 number to report their complaint directly to HUD. Attempts will be made to handle all complaints at the local level. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 9 Page 59 of 64 Pages Agenda Item No. OBJECTIVE V: UTILIZATION OF A LOCAL FAIR HOUSING ORGANIZATION OR ORGANIZATION SERVING THE HANDICAPPED The PHA does not propose to subcontract with a Fair Housing Organization or organization serving the Handicapped in the Existing Housing Assistance Payments Program. The Commission on Human Needs of the City of Wichita Falls enforces ordinances which prohibits the denial of employment, housing or services because of race, color, religion, sex, national origin, physical or mental handicaps, and familial status. OBJECTIVE VI: PROMOTING EMPLOYMENT OPPORTUNITY IN THE PHA'S EMPLOYMENT PRACTICES A. The City of Wichita Falls, acting as the PHA, employs only an administrative staff. This staff consists of * one Housing and Community Development Administrator, * one Housing and Community Development Specialist, one Housing Counselor III, one Housing Counselor II, one Housing Counselor I, and one Clerk Typist. (Note: * These positions are partially funded by Section 8 administrative fees with the reminder from the CDBG program. ) B.The City of Wichita Falls is an equal opportunity employer. Through the adoption of an official Policy Statement, an Affirmative Action Plan, and the Guide to City Employment Practices, every effort is being made to comply with equal opportunity employment practices within city government. THIS EQUAL OPPORTUNITY HOUSING PLAN IS A COMBINED PLAN WHICH IS DESIGNED TO COVER THE SECTION 8 RENTAL CERTIFICATE, RENTAL VOUCHER, FAMILY SELF SUFFICIENCY AND RENTAL REHABILITATION GRANT PROGRAMS. EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 10 Page 60 of 64 Pages Agenda Item No. L1 L VL .• l\..L LL A.l-11. L L " - LLL11IJ FINANCIALLY I PAC;I Ed AREAS COMMUNITY DEVELOPMENT BLOCK z,are" I p,. TARGET AREA. SHADED AREAS ARE GREATER THAN OR EQUAL TO 51.0 LOW TO MODERATE INCOME. SOURCE: DEPT. OF HOUSING AND '_Pg1N DEvELOPMEN T --1 993 11 S.Iti.E'.B : 1 p.:::::::..:.:.- 2) 1 A f^.A.:iliri.i::::: A i US 287 EX, RESS wA Y ORS rvt ST F. c; - o 1 .. Ewq :.---41 o7)C0 IOWA P KHwy c ni t N P4 i.A,....”e.: 11 ii) r- 1 cn u-.1 iii 4b'. 174I' ll'il -.*::: :: i-e-./ - . ..- u. I- I tL‘,__ ___,-...IP, - • Es - m vF a. I' 7-7r , gTH •R a T.. i At :::::::;41E1 110 b1 ,ENTRAL F'° AST- v,,,,, le z ,IR,,,,..... 0--". ippp i rI ' S 4 cz cz J r CALLFIELO MIDWESTER PKWY Y PKWY 0 1 1 SOUTHWEST o 1 z IiI RATHGEBER 000 I LAKE WICHITA MAP OF WICHITA FALLS TEXAS EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 11 Page 61 of 64 Pages Agenda Item No. g g t t e g o g e c e - e , O - g g M g te c g = n e >• N N O - C . - a N - -0 O A O O a M S ° - ; :-. :4g1,14 , - 10 - — ,.. ,2 , 44~ p _ p S $r N N : p., M s pO - g A J 3 a a Nyi 3 i J O O - ', N O N O P O ^ N - O MM N ~ O 1. g 0 0 g 0 - 0 •• N N i O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 M - a ^ - .n O O N N .n 0 0 w P O N n N O J O M ^ M ^ N O O - N O ^ N P N a L O J - O -n O - 0 0 ^ O - J N J O O - ^ N O g .Kn S ~ O O e O O O H O O O - M - O N h O O - ^ O O O N - O - - ^ N - - - N ^ A. .4 w N - M .- i n O N O ^ N C J ? g O O N I ^ O n O O N O 2 O N M N ~ N a ry O N t m O S S J x S e S S O MM O Z C O n N J , , MM O J J O a , O .. Nc +O S 0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 . 0 0 0 e . 0 0 0 0 IF4P ^ O O O N N .1 7. "- , O - z N ^ N N .Nn ,X O N N ° := 0 a M j 0 N a ClJ 12 Z e g O S r yy S tIN O O O S J — - 4 4 g O O P O O N J - J O w S O O 8 4 ^ O J J ^ ^ O N O - J w O N N O - n - - O N ^ ^ M O O R E; y e : yp M a i ~ N O C ! P N R S N R A Z : N P e S O a NNN A N ; 4 P ; 14 4 ; n A C g N 4 ; O N ; 4. 4 S J N r 4g ; g ; 44 N '4 'O r x1 "43 ° ° St3C CSC' = i3 eeile teRVegd' 88S aSeTBa. yF 9f4 :: WO W N .4 O P N i O P O f O h N N N N N i 1 J l N J N N R N N I Z P. E a 3 O a Liiifi ; a U '/ Sa ? 21x1 ; i5Rxxigtliea inE c4, E s A I - saaagaaaS ° - R « n444 % eta . x 4 U0 U 1 0 poi ca u UE.. 43 > F O N 0 z m co O0 k\ c.j, v'1 13). NZ N_ ° I u a u CO S CO vAInJ 1 J a i u c.) t ^ 1 N 7 i EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 12- Page 62 of 64 Pages Agenda Item No. L___ CITY OF WICHITA FALLS, TFXAS FINANCIALLY IMPACTED AREAS N COMMUNITY DEVELOPMENT ETLOCK GRAN T. Sr TARGET AREA. SHADED AREAS ARE GREATER THAN OR E;UAL TO 51.07, LOW TO MODERATE INCOME. SOURCE: DEPT. OF HOUSING AND UR AN DEvELOPti1ENT --1993 1 1 l S:A.F"..E 1 0 US 287 EXPREs SWq y r 1 R J7lWCST F-,. 1 EI-q y . .o - OLO i ro v 9f 11111 rn I Q X i co I f? c Ic\.. 5TH:5 d: cn 4. ;I 9TH p.. r.....1 .ilnip ,„..:. z co r ENTRAL F'. K-€a5T 4 :::::::,:;,:,..:-..„ ,, r- --1 r41%.„..... se,\ Ifi Or:::-. 7.•/ J r 7 CALLFIELD MIDWESTER I PKWY 0 I r • LSOUTHWESTPKWY2'-' v - Q I RA THGEBER p O 9.%JL M.g1 LAKE WICHITA MAP OF WVICI-IITA FALLS EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 11 Page 63 of 64 Pages Agenda Item NO. ry e e N m g g g e r g 1 1 g g g e"-` .1 tf, g .g. g g n g g g '-` r m g g N ° ,c, N- m P.- CO m N N S n N N N n N ,p O A O ^ p C A 0 r r p .- n r O n O ° ; °- m 'G N ppO N N 1 O ;O N - N O , p NFy; J g g g g x g e J P g x N x g N N " o " 0 0 0 0 7 '4 g g N g X X H O O O O O O O O o 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O x N o O N A N O . ^ p o N N N O J O n - n - N O O - N O A A p ry , ry O n u. g N g g w g .". g n CI g " m g 1 g 1 a m w 1 g g o N r g .e g N g g00 O < O n 0 0 0 - n - O N n 0 0 - - O O O N - O - - - N - - - N - N n n N - N = n N ° - O S O p d O O N u n O n P O N S O N n N Y N - ap O p P N 2 m g o 1 N g e g g m g o g e o r N "i g r o a ", g g,g g g m g g g g r N0 8• :4 o - o o - o 0 0 0 0 0 - - o 0 0 0 0 0 0 o 0 0 - o 0 0 0 - ..: o c o 0 a x - s < P P O P O N P N P - N A J O N J N A - N N1 H 0 0 p - N O n n . 0 0 d z X g g O g m g m 1O d 0 O J O g J N xN e p O O P g x 1x g J g n p O 0 OU. P O A N - J J - J - A -J O N O - J n O N - N O - n - .- O A A Nrz: p F 1 N . P x o .N. - O ° "9 ° c n a ..JN a o O N p A N A AA A - N o A ° $: i - N oI JJ I/,--1 h .Op N P r p n g O ..x1 M e g g g •• g g N J a p O g p u N J p N p° g JJ M " A .g. N r g 1V,. O s O a N n O c c O g r. ;:, t2 .7." 2 p P O p P p p O p p O O O g O O n N Fl"•N O N p .p .pp tp N O O M O - A I/ N N F.',1 ^3../ N O ^ N A_ O n N N p F. W O 0 O O p N P m p O O m h N N N N J N N N N S N nNN 4 s J - p .N . g pm g p ° a r p. N N N - M 2 J N N P Ls; E- O O O O O O O O SP. -N ..1 S.': V St N - N N N N A N N n - J FO a.• C4,--) 41 [ Z 4 \;' 10- oaoas+ow ca o O 1 i 3. U w H Ca n cl u ' Mr ^ .1 3 H to N U . Uoy AHML/N..1 a NW (h 0 07 In ter J EQUAL OPPORTUNITY HOUSING PLAN rev. 11/22/93) page 12' Page 64 of 64 Pages 1 Agenda Item NO.