Res 051-2011 6/21/2011 RESOLUTION NO. 51-2011
Resolution Approving The 2011 Second Year Annual Action Plan Of
The Adopted 2010-2014 Five Year Public Housing Agency Plan (PHA)
And The Updated 2011 Administrative Plan.
WHEREAS, the Housing Division must annually submit for City Council approval
the Division's Annual Action Plan as part of the Five Year PHA Plan, and the 2011
Administrative Plan; and
WHEREAS, as a result of this year's review to the Second Year annual action
Plan and the 2011 Administrative Plan documents, City staff is recommending no
modifications.
WHEREAS, the City Council has conducted the required Public Hearing for this
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The attached Second Year Action Plan of the adopted Five Year Public Housing
Agency Plan and the 2011 Administrative Plan are hereby approved with no changes to
the Plan:
PASSED AND APPROVED this the 21st day of June, 2011.
C -..a.st.�ti �.r—�
MAYOR
TTEST:
C Clerk
PHA 2011 Second Annual U.S. Department of Housing and Urban OMB No. 2577-0226
Action Plan Development Expires 4/30/2011
Office of Public and Indian Housin
1.0 PHA Information
PHA Name: City of Wichita Falls Housing Assistance Program PHA Code: TX498
PHA Type: ❑ Small � High Performing ❑ Standazd � HCV (Section 8)
PHA Fiscal Yeaz Beginning: (MM/1'YYl�: ] 0/2011
2.0 Inventory (based on ACC units at time of FY beginning in 1.0 abov�
Number of PH units: N/A Number of HCV units: 989
3.0 Submission Type
❑ 5-Yeaz and Annual Plan � Annual Plan Only ❑ 5-Yeaz Plan Only
4.0 p� Consortia ❑ PHA Consortia: (Check box if submitting a joint Plan and complete table below.)
No. of Units in Each
Participating PHAs PHA Program(s) Included in the Programs Not in the pro ram
Code Consortia Consortia pH HCV
PHA l:
PHA 2:
PHA 3:
5.0 5-Year Plan. Complete items 5.1 and 5.2 only at5-Year Plan update.
5.1 Mission. State the PHA's Mission for serving the needs of low-income, very low-income, and extremely low income families in the PHA's
jurisdiction for the next five years:
T6e mission of the PHA is the same as that ot the Department of Housing and Urban development: to promote adequate and affordable
housing, economic opportunity and suitable living environment free from discrimination.
The Housing Aut6ority's mission is to serve the needs of low-income, very low-income and extremely low-income families in the PHA's
jurisdiction and to (1) increase t6e availability of decent, safe and affordable housing in its communities: (2) ensure equal opportunity in
housing: (3) promote self-sutficiency and asset development of families and individuals: (4) improve community quality of life and
economic viability: and (5) strive to provide quality housing, safe and sanitary 6ousing and to build a strong, 6ealthy community wl�ile
encouraging self-sufficiency and independence for it residents.
5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of lorrancome and very
low-income, and extremely lo�income families for the next five years. Include a report on the progress the PHA has made in meeting the goals
and objectives described in the previous SYeaz Plan.
Apply for additional rental vouchers: if funding becomes available. Leverage private or other public funds to create additional housing
opportuniHes: The city supports LIHTC development and has cooperated with NORTEX Housing Finance Cooperation in issuing bonds
for multi-unit construction and rehabilitation. Other: Work to involve new owners in the program.
PHA Plan Update
6A �a� Identify all PHA Plan elements that have been revised by the PHA since iu last Annual Plan submission:
The Five Year Public Housing Agency Plan, the First Year Action Plan, and the Administrative Plan are hereby approved with
no required changes.
(b) Identify the specific location(s) where the public may obtain copies of the SYear and Annual PHA Plan. For a complete list of PHA Plan
elements, see Section 6.0 of the instructions.
The City of Wichita Falls PHA's main administrative oftice, City website, and the local public library.
Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership
7.0 Programs, and Project-based Vouchers Include statements related to these programs as applrcable.
N/A Section 8 agency only
8 0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable.
N/A Section S agency only
Capital Fund Program Annual StatemenUPerformance and Evaluation Report. As part of the PHA 5-Year and Annual Plan,
8.1 annually complete and submit the Capital Fund Program Annua/ StatemenbPerformance and Evaluation Report form HUD-50075.1,
for each current and open CFP grant and CFFP financing.
N/A Section 8 agency only
Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital
8.2 Fund Program Five-Year Action P[an, form HUD-50075.2, and subsequent annual updates (on a rolling ba9s, e.g., drop current year, and add
latest year for a five yeaz period). Large capital items must be included in the FiveYeaz Action Plan.
N/A Section 8 agency only
Capital Fund Financing Program (CFFP).
8.3 ❑ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to
finance capital improvements.
N/A SecHon 8 agency only
Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other
generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely
low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and
households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based
assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of
units, and location.
Housin Needs of Families on the PHA's Waitin Lists
Waiting list type: (select one)
❑ Section 8 tenant-based assistance
❑ Public Housing
❑ Combined Section 8 and Public Housing
❑ Public Housing Site-Based or sub-jurisdictional waiting list (optional)
If used, identi which develo menUsub'urisdiction:
# of families % of total families Annual Turnover
Waitin list total 704
Extremely low income <=30%
AMI 517 73.44%
Very low income
(>30% but <=50% AMI) 171 24.29%
Low income
(>50% but <80% AMI) 14 1.99%
9.0 Families with children 381 54.72%
Elderly families 42 5.97%
Families with Disabilities 267 37.93%
Race/ethnicit 447 63.49% Whtte Non H' " niC
Race/ethnicity 235 33.38% Black tdon ' nic
Race/ethnicity 2 0.28% OtheeNonN' nic
Race/ethnicity 88 12.50% H" niC
Characteristics by Bedroom N/A N/A
Size (Public Housing Only)
16R
2 BR
3 BR
4 BR
5 BR
5+ BR
Is the waiting list closed (select one)? � No ❑ Yes
If yes:
How long has it been closed (# of months)?
Does the PHA expect to reopen the list in the PHA Plan year? ❑ No ❑ Yes
Does the PHA permit specific categories of families onto the waiting list, even if generally closed? ❑ No ❑
Yes
Strategy tor Addressing Housing Needs. Provide a brief description of the PHA's sVategy for addressing the housing needs of families in the
jurisdiction and on the waiting list in the upcoming yeaz. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual
Plan submission with t6e 5-Year Plan.
9.1 To meet the goals of the plan, the City plans to do the following: (1) apply for addiHonal Housing Choice vouchers if funding becomes
available; (2) leverage state or private funds to create affordable housing; (3) improve housing lease up rates and maintain the maximum
number of families under lease t6at the budget limits will support; (4) to provide a compreheosive analysis of the rental market and
provide the highest payment standards that the funding limits will support without reducing t6e number of participating families; (5)
provide landlord outreach to increase housing stock outside of the poverty areas; (6) promote self-sufficiency and asset development by
our tenants and t6e community.
Additionsl Information. Describe the following as well as any additional information HUD has requested.
(a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHAs progress in meeting the mission and goals described in the S
Year Plan.
10.0 Maintsin or increase housing lease-up rates by establis6ing payment standards which will enable families to rent t6rough-out the
jurisdiction. Encourage more LIHTC and bond financing of affordable units in our area. Undertake affirmative measures to ensure
access to assisted housing regardless or face, color, religion national origin, sex, familial status and disability. Conduct outreach efforts to
potential vouc6er landlords. VAWA procedure is to refer families to Patsy House, First Step domestic violence shelter, cootinued
assistance to non offenders and offer immediate portability in domestic violence situations. The housing office has a procedure/policy to
follow for families claiming (VAWA). All families/Owners/staff have been provide documentation on the procedure and instructed to
include a signed VAWA Lease addendum.
(b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA s definition of "significant amendmert" and "substantial
deviation/modification" See tx498c01
11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUI150075), PHAs must submit the following
documents. Items (a) through (g) may be submitted with signature by mail or elecVOnicaliy with scanned signature� but electronic submission is
encouraged. hems (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted
by the Field Office.
(a) Form HUD-50077, PHA Certifications of Complrance wrth the PHA Plans and Related Regulations (which includes all certifications relating
to Civil Rights)
(b) Form HUD-5007Q Certificatron jor a Drug-Free Workplace (PHAs receiving CFP grants only)
(c) Form HUD-50071, Certification of Payments to InJluence Federal Transactions (PHAs receiving CFP grants only)
(d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only)
(e) Form SF-LLLrA, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only)
(� Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA
Plan. PHAs must also include a narrative describing the'r analysis of the recommendations and the decisions made on these recommendations.
(g) Challenged Elements
(h) Form HUD-50075.1, Capital Fund Program Annual Statement/Performance and Eva[uation Report (PHAs receiving CFP grants onl�
(i) Form HUD-50075.2, Capital Fund Program Five-Year Action Plan (PHAs receiving CFP grants only)
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�,P� V�.O�UC�H�ER�P=RO�G�RAM
--�H�O�P�WA��P R O�G R�A M
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Revised to conform to the changes contained in the Quality Housing and Work
Responsibility Act of 1998 (QHWRA) , changes to the Code of Federal
Regulations, the Mazch 16, 1999 Conforming Rule, and the October 21, 1999
Section 8 Merger Final Rule
TABLE OF CONTENTS
PART I. STATEMENT OF OVERALL APPROACH AND OBJECTIVES .................................... 1
I-A. PURPOSE OF THE PLAN .................................................................................................. 1
I-B. OPERATIONAL STRUCTiJRE .......................................................................................... 1
1. Lines of Responsibility ......................................................................................................... 1
2. Area of Jurisdiction . ............................................................................................................. 3
I-C. RESERVE ACCOUNTS ...................................................................................................... 3
1. Administrative Fee Reserve (Formerly Operating Reserve).. 3
2. ACC Reserve (Formerly Project Reserve) ............................................................................ 3
3. Financial Responsibility . ...................................................................................................... 4
1-D. GENERAL DEFINITIONS AND REQUIREMENTS ......................................................... 4
1. Written Notice Requirement ................................................................................................. 4
2. Defmitions ............................................................................................................................4
PART II. PHA POLICIES FOR SUBJECTS REQUIRED BY HUD . .............................................. 5
II-A. SELECTION OF APPLICANTS .............................................................................................. 5
1. Waiting List and Methods of Application .................................................................................... 5
a). Creation of a Waiting List . ............................................................................................ 5
b). Completion of Applications . ......................................................................................... 5
(1). Time and Location for Applying .................................................................... 5
(2). Assignment to Waiting List ............................................................................ 5
(3). Information Given to Applicants .................................................................... 6
(4). Expected Turnover Rates ................................................................................ 6
(5). Ninety Day Renewal Requirement_ ................................................................ 6
(6). Special Conditions .......................................................................................... 6
(7). Waiting List Format ........................................................................................ 7
c). Opening or Closing of the Waiting List ........................................................................ 7
(1). Establishment of The Waiting List . ................................................................ 7
(2). Closing the List ............................................................................................... 7
(3). Reopening the List .......................................................................................... 7
2. Working Preference and Selections from the Waiting List .......................................................... 7
a). DenialofAssistance ...................................................................................................... 8
b). Breach of Family Obligations . ...................................................................................... 8
c). Former Participants . ...................................................................................................... 9
d). Ineligible Applicants or Participants . ............................................................................ 9
II- B. ISSUING OR DENYING VOUCHERS .................................................................................. 9
1. Selection of Families ..................................................................................................................... 9
a). Current Participant's Preference . ................................................................................... 9
2. Determination of Applicant Eligibility_ ......................................................................................... 9
a). Defmition of Family ...................................................................................................... 10
b). Income Sources ............................................................................................................. 10
c). Requirement for Extremely Low Income Persons .........................................................10
3 . Social Security Numbers .............................................................................................................. 10
4. Restricted Assistance to Non-Citizens . ........................................................................................11
5. Verification of Income and Determination of Family Rent_ ........................................................ 11
a). Defining Income And Sources Of Income_ ................................................................... 14
(1). Child Care Expenses ....................................................................................... 15
(2). Medical Expenses , Disability Deductions ....................................................16
(3). Family and Income Information .....................................................................20
(4). Review of Family Circumstances, Rent, & Utility .......................................... 21
(a). PHA Annual Review Items ............................................................... 21
(b). Reexaminations ................................................................................21
1). Annual Recertification ..................................................................................................21
2). Action or Inaction of the Family ................................................................................... 21
3). Interim Redeterminations ..............................................................................................21
a). Special Reviews . ..............................................................................................21
b). Unstable Incomes ............................................................................................. 21
c). Income Changes ...............................................................................................21
d). Effective Dates of Changes .............................................................................. 22
e). Time Frame for Reporting Changes ................................................................. 22
�. Effects of Reported Changes . .......................................................................... 22
g). Calculation of Rents & Hsg. Assistance Payments.. 22
h). Minimum Rent .................................................................................................23
6 . Monitoring Calculations . ............................................................................................................... 24
7. Information When A Family is Selected ........................................................................................24
a). Verbal Briefmg ................................................................................................................24
b). Schedulin Bg r� s.�24
(1). Notification .....................................................................................................24
(2). The Briefing Information Packet .................................................................... 24
(a).how to find a suitable unit that meets HQS ......................................... 25
(b).the need to shop for unit w/reasonable rent ........................................ 25
(c).the known landlord \ agents who have
expressed agreement to rent under Section 8
and the availability of units 25
(d).the implication of the utility allowance in
the Payment Standard and the effect on the
total amount of rent to the Landlo�d \ agent
(contract rent) 25
(e)the need to have the security deposits for
both the unit and for any tenant paid utilities
at the time of lease-up ............................................................................. 25
(�.lease approval procedures by the PHA ............................................... 25
(g).tenant rights and responsibilities ........................................................ 25
(h). Landlord \ agent rights and responsibilities ....................................... 25
(i). the requirements and tenant rights in the
portability options of the Section 8 program ........................................... 25
c). Offer of Assistance ......................................................................................................... 25
d). Issuance of Vouchers and Request for
TenancyApproval . ......................................................................................................... 25
(1). Initial Term .....................................................................................................25
(2). Request for Lease Approval (RFLA) .............................................................. 26
8. Additional Information to Applicants ............................................................................................ 26
a). Requirement for ALL Communications to be in Writing ............................................... 26
b). Unauthorized Persons ..................................................................................................... 26
9. Monitoring Participant Characteristics . ......................................................................................... 26
II-C. Special Purpose Admissions ......................................................................................................27
1. Special (Non-Waiting List ) Admissions .......................................................................................27
2. Servicing Units for Another PHA ................................................................................................... 27
II-D. OCCUPANCY POLICIES ........................................................................................................27
1. Definition of Family ...................................................................................................................... 27
2. Defmition of Continuously Assisted ............................................................................................. 27
3. Moving With Continued Tenant Based Assistanoe ........................................................................27
4 . Family Unit Size ............................................................................................................................28
5. Restriction on Being Added to Another Family's Lease ................................................................ 29
6 . PHA Occupancy Rate . ................................................................................................................... 29
7. Eligible Housing ............................................................................................................................. 30
8. Leasing To Relatives ....................................................................................................................... 30
9. Tenant or Landlord \ agent Legal Capacity ..................................................................................... 30
a). Legal Capacity ................................................................................................................ 30
b). Tenant Legal Capacity .................................................................................................... 30
c). Landlord \ agent/Landlord Legal Capacity ..................................................................... 31
10. Manufactured Home Pad Rentals ................................................................................................. 31
II-E. ENCOURAGING PARTICIPATION OUTSIDE IMPACTED AREAS. 31
1. Outreach to Income Eligible Families ............................................................................................. 31
a). Public Service Announcements/News Releases . ............................................................ 31
(1). Methods of Media Outreach . .......................................................................... 31
(2). Methods of Outreach to Groups . .................................................................... 31
(3). Methods of Outreach to Individuals ............................................................... 31
b). Paid Advertisement . ....................................................................................................... 32
c). Special Outreach to Groups Least Likely to Apply ........................................................ 32
d). Other Sources of Information ......................................................................................... 32
2. Housing Selection and Choice ....................................................................................................... 32
a). Staff Assistance to Locate Housing ................................................................................ 32
b). Available Housing Selection .......................................................................................... 33
II-F. Rent Reasonableness .................................................................................................................. 34
1. Factors of Rent Reasonableness ..................................................................................................... 34
2. Adjustment Factors ........................................................................................................................ 35
3. Families That Rent in Place ........................................................................................................... 35
II-G. ASSISTING FAMILIES CLAIMING HOUSING DISCRIMINATION..35
1. Monitoring Locations of Housing .................................................................................................. 35
2. Referral Assistance . ....................................................................................................................... 36
3. Information on the Rental Assistance Program .............................................................................. 36
a). Outreach to Landlord \ agents ......................................................................................... 36
b). Outreach to Groups . ....................................................................................................... 36
c). Outreach to Social Services ............................................................................................ 36
II-H. PHA POLICY ON PROVIDING INFORMATION ABOUT
A FAMILY TO A LANDLORD \ AGENT ......................................................................... 37
1. Releasing Family Information to Landlord\ agents ....................................................................... 37
2. Landlord \ agent responsibility for screening their tenants ............................................................ 37
a). Sole Discretion of the Landlord \ agent .......................................................................... 37
b). Family's Suitability For Tenancy ................................................................................... 38
c). Information Provided to the Landlord\ agent ................................................................. 38
II-J. PHA ACTIONS TO DISAPPROVE AN LANDLORD \ AGENT ............................................ 38
II-K. SUBSIDY STANDARDS .........................................................................................................38
1. Family Unit size (Bedroom Size) . ................................................................................... 38
2. Family Composition- Pregnant Singles . .......................................................................... 39
II-L. FAMILY ABSENCE FROM iJNIT .......................................................................................... 39
II-M. ASSISTANCE IN FAMILY BREAK-UPS . ............................................................................ 39
II-N. APPLICANT'S INFORMAL REVIEW PROCEDURES . .......................................................39
II-O. PARTICIPANT'S INFORMAL HEARING PROCEDURES ..................................................39
1. Participant's Right to Appeal .........................................................................................................40
2. Disagreements or Complaints ........................................................................................................40
3. Levels of Appeals . ......................................................................................................................... 40
II-P. HOUSING CHOICE VOUCHER PROGRAM SUBSIDIES .....................................................40
1. Payment Standard ..........................................................................................................................40
a). Current Payment Standard .............................................................................................. 40
2. Affordability Adjustment To Payment Standards .......................................................................... 40
a). Timing of Adjustment ..................................................................................................... 40
b). Factors for Adjustment ...................................................................................................42
3). Restriction on Family's Share .......................................................................................................41
II-Q. SPECIAL HOUSING TYPES . .................................................................................................41
1. Administration of Special Housing ................................................................................................ 41
2. HOME Tenant Based Rental Assistance (TBRA) . ....................................................................... 41
3. HOPWA (Housing Opportunities for Persons with Aids) ..............................................................41
II-R. FAMILY OWED PAYMENTS TO THE PHA . ......................................................................42
1. Repayment Requirements ..............................................................................................................43
2. Repayment Offer from PHA ..........................................................................................................43
3. Repayment Agreements ................................................................................................................. 43
PART III. PHA POLICIES ON MATTERS NOT REQUIRED BY HUD . ......................................43
III-A. Outreach Procedures ................................................................................................................43
III-B. Portability and Family Moves .................................................................................................. 44
1. Family Moves within the PHA Service Area ................................................................................. 44
2. Family Moves Outside the PHA Service Area ...............................................................................44
1). Utilities and HQS . .......................................................................................................... 44
3. Waiver of HQS for Unvented Heaters . .......................................................................................... 45
a). Use of unvented Heaters ................................................................................................. 45
b). Encouragement to Use Vented Heaters .......................................................................... 45
4. Acceptability of the Unit ................................................................................................................ 45
a). No Assistance to be Paid . ............................................................................................... 45
b). Tenant Choice . ............................................................................................................... 45
c). Sight Unseen Units .........................................................................................................46
d). Subsidy Rent Level . ....................................................................................................... 46
e). Marginal Units ................................................................................................................ 46
fl . Yard Maintenance ........................................................................................................... 46
5. Failure of Unit to Maintain HQS ................................................................................................... 46
a). Landlord \ agent Failure to Maintain .............................................................................. 46
b). Tenant Failure to Maintain ............................................................................................. 47
III- C. Internal Schedules ................................................................................................................... 47
1. Initial Inspection . ........................................................................................................................... 47
2. Actions if Unit Fails Initial Inspection ........................................................................................... 47
3 . Schedule Reinspection ...................................................................................................................47
4. Annual Inspection ..........................................................................................................................48
a). Required Annual Inspection ........................................................................................... 48
b). Allowing Inspections ...................................................................................................... 48
IIID. Tenancy Approval .................................................................................................................... 48
1. Acceptable Lease Formats ............................................................................................................. 48
2. Security Deposits ...........................................................................................................................48
3. Security Deposit Maximum ........................................................................................................... 48
a). Leases Entered Into After October 2, 1995 . ................................................................... 49
b). State Requirement To Return Security Deposit .............................................................. 49
c). State Lock Change Requirement at Mov�Out ............................................................... 49
d). PHA Not Responsible far Rent Prior to Execution
ofContract ...................................................................................................................... 49
4. Review of Rental Requirements ..................................................................................................... 49
5. PHA Penalties for Late Payment from PHA ................................................................................... 49
III-E. Contract Completion ................................................................................................................ 50
III-F. Payments to Landlord \ agents\Tenants . ................................................................................... 50
1. Internal Billing Procedure .............................................................................................................. 50
a). Payment Register ............................................................................................................ 50
b). Special Claims Payments . .............................................................................................. 50
III-G. Financial Records . .................................................................................................................... 50
III-H. Information and Assistance for Participating Families ............................................................ 50
1. Community Services/Agencies Referrals ....................................................................................... 50
a). Referrals by the Housing Division Staff ......................................................................... 50
b). Assistance to Tenants and Landlord \ agents
fromthe Staff .................................................................................................................. 51
2. Complaints by Tenants ................................................................................................................... 51
III-I. Termination and Family Moves ................................................................................................ 51
1. Family Responsibilities .................................................................................................................. 51
a). Information at Briefing and Recertification .................................................................... 51
b). Termination for Family Action or Inaction .................................................................... 51
2. Move outs . ..................................................................................................................................... 51
3. Eviction ..........................................................................................................................................52
4. Family Fraud or Other Program Violations ................................................................................... 52
5. Landlord \ agent Responsibilities ................................................................................................... 52
6. Termination of Tenants for Threats of Violence ............................................................................ 52
7. Failure to Meet or Maintain Unit HQS .......................................................................................... 53
8. Grounds for Termination of Assistance for Crimes ....................................................................... 53
9. Cancellation of the HAP Contract .................................................................................................. 53
10. Failure to sign consent forms or provide information ................................................................... 54
11. PHA Review . ............................................................................................................................... 54
III-J. Moving and Portability . ............................................................................................................ 54
III-K. Contract Dates and Special Claims Payments .......................................................................... 54
III-L. Monitoring Program Performance ............................................................................................ 55
1. Management Policies ..................................................................................................................... 55
2. Monitoring the Program ................................................................................................................. 55
3. Administrative Plan Revision . ....................................................................................................... 55
III-N. Project Based Assistance Guidelines ...................................................................................... 55
PART IV. BUDGETING AND STAFFING NEEDS . ...................................................................... 56
PART I. STATEMENT OF OVERALL APPROACH AND OBJECTIVES
I-A. PURPOSE OF THE PLAN.
This Administrative Plan is required by 24 CFR Part 982.54 and must describe the policies the
PHA has adopted in each area where the PHA has discretion. The Administrative Plan is a
support document for the PHA Plan and is available to the public at all times. From time to time,
HUD amends these regulations and adds new administrative plan requirements. The PHA is
responsible for updating its administrative plan to include these additional elements as required.
The PHA must also revise its plan whenever local circumstances require a policy change.
The City Council, acting as the Housing Agency's Board, must formally adopt the administrative
plan and any revisions. The administrative plan becomes the PHA's "official" policy when it is
approved by the Council. HUD must receive a copy of the plan, and may require changes if the
policies adopted are inconsistent with program regulation or requirements. However, HUD
approval of the administrative plan is not required prior to its implementation.
Because changes to the administrative plan require formal approval by the City Council or other
governing body, this administrative plan addresses only those policies areas in which the PHA
has discretion.
Program regulations and the PHA's operating procedures for complying with those regulations
can be addressed in a separate procedures manual that can be updated more easily.
A detailed list of the PHA responsibilities are contained in 24 CFR 982.153. Special items
required for the Project based Assistance are located in the PBV plan for that program .
I-B. OPERATIONAL STRUCTURE
1. Lines of Responsibility
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 U.S. Department of
Housing and Urban Development (HUD) Guidelines. Administration of the programs will be
with the Housing Division acting as a Housing Agency (PHA). The lines of responsibility for the
operation of the program are depicted on Figure 1 below.
City City
Council Manager
Director of Housing
Housing Administrator
�
Housing Counselor III
Housing Housing Housing Housing Intake
Counselor II Counaelor 1 Counselor I Specialist
Clerk Typist II Housing Inspector il Housing Inspector i
2). Area of Jurisdiction.
The City of Wichita Falls Section 8 Housing Choice Voucher Program defines its primary
operational boundaries as those areas inside Wichita County from the Red River south to the
Archer County line and from the Wilbarger/Wichita County line westward, extending eastward
to the Wichita/Clay County line to include Electra, lowa Park, Burkburnett, Wichita Falls,
Pleasant Valley, Kamay and Valley View. During the initial first year the participants must reside
in this area. The PHA is required under federal government portability regulations to allow their
participants to locate anywhere they may decide after the first year on the program. If there is
no eligible PHA in that area that has their own Section 8 assistance program, this PHA is
required to service that family.
I-C. RESERVE ACCOUNTS
1. Administrative Fee Reserve
[Source: 24 CFR 982.152 and 982.155]
The Public Housing Agency (PHA) has two different reserves. The only one that the PHA has
control of is the Administrative Fee Reserve. This reserve is comprised of those actual
administrative fees earned by the PHA in prior years that exceeded the authorized operating
costs of the program during any budget year.
a). The City of Wichita Falls PHA, after reviewing funding requirements for the successful
operation of this agency with the Finance 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 continue to be available in the future, the City of Wichita Falls
has established a minimum threshold of $125,000 that must be retained by the City of Wichita
Falls in the Administrative Fees Reserve account. The Administrative Fee Reserve must be
maintained as a resource to pay Section 8 administrative costs that may exceed the actual
amounts of administrative fees earned during 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. No Administrative Fees Reserve funds will be
used for purposes other than housing related activities, and then only if the reserves will not be
needed to meet the operational needs of the division.
2. ACC Reserve
[Source: 24 CFR 982.154]
This unfunded reserve account is the amount of unexpended budget authority that is retained
by HUD. Any fiscal year that the PHA does not spend the total budget authority under the
Consolidated Annual Contributions Contract, the balance is retained by HUD and may be used
to pay for future program operations. HUD normally recaptures any amount that exceeds two
month's operating funds.
3. Financial Responsibility
[Source: 24 CFR 982.153]
The Housing Agency operates as a division of the City of Wichita Falls. It is not an independent
agency and has a portion of its financial support services provided by the City's Finance
Department. The Chief Financial Officer must approve financial transactions involving
expenditures of any funds from the Consolidated Annual Contributions Contract (CACC) other
than Housing Assistance Payments, such as salaries and fringe benefits. Purchases outside of
the office supplies stocked by the Auditorium Stores, located on site, must be approved through
the Director of Housing, or Housing Administrator and Purchasing Agent. Capital
improvements over $1,000 also require the City Manager's approval. The City Manager has
been empowered by the City Council to approve expenditures of under $25,000 for budgeted
eligible activities. Any expenditure over $25,000 must be approved in an open public meeting
by the Wichita Falls City Council. The City Council operates as this PHA's Board of Directors.
I-D. General Definitions and Requirements
1. Written Notice Requirement
[Source: 24 CFR 982.5]
All contact with applicants on the waiting list, except for the 90-day renewal of the application,
must be done in writing. The ninety day renewal of applications can be done by telephone.
After being issued a Housing Choice Voucher, all correspondence must be in writing. To have
any validity, all contracts, transactions, notices, changes or certifications, befinreen the PHA and
the participant as a tenant, the tenant and the landlord, and the landlord and the PHA must be
in writing.
2. Definitions
Most acronyms or terms used in this Plan and on HUD forms are defined in 24 CFR Part 5.
Any additional terms are found in 24 CFR 982.4.
PART II. PHA POLICIES FOR SUBJECTS REQUIRED BY HUD
[Source: 24 CFR 982.54]
II-A. SELECTION OF APPLICANTS.
[Source: 24 CFR PART 982.54 (1) and 24 CFR PART 982 SUBPART E]
1. Waiting List and Methods of Application
[Source: 24 CFR 982.204] [Source: 24 CFR982 5.233]
a). Creation of a Waiting List.
Except for special admissions directed by HUD, all participants must be selected from a single
waiting list. The waiting list is covered in detail in 24 CFR 982.204. The PHA will accept
applications for the Section 8 Tenant Based programs from any interested persons as long as
there are funds available and a reasonable chance of assisting the applicant within two years.
Everyone will be given the opportunity to complete an application unless the waiting list has
been officially suspended (closed) by the PHA publishing a public notice of that suspension in a
local paper of general circulation.
All persons will be required to complete a handwritten application, which will be used to enter
the data into the PHA's computerized database system. Any applicant found to be ineligible
will be notified, in writing, of why they are ineligible and informed that they may elect to remain
on the waiting list, subject to the same 90 day renewals. However, if they are still ineligible
when their name reaches the top of the waiting list, they will be removed from the list and
informed of how and where they may appeal this determination. This situation may occur in
cases of being over-income at time of application, a three year suspension for move without
notice, or because of the One Strike and criminal records check policy.
HUD created a national repository available within the EIV (Enterprise IncomOe Verification
System) for debt owed and termination information of former program participants. PHA must
access this system at time of application for rental assistance to determine a family's suitability
for rental assistance, and avoid providing limited Federal housing assistance to families who
either: (1) Owe a debt to a PHA: or (2) have previously been unable to comply with HUD
program requirements. PHA can not allow a person who owes a debt to a PHA to be added to
their waiting list or provided housing assistance funds for that family. The PHA must notify the
family in writing and provide a contact name so the family may resolve any issues with debts
owed to that PHA.
b). Completion of Applications.
(1). Time and Location for Applying.
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 on Tuesdays at the Housing Division office in
Room 301 of Memorial Auditorium, 1300 Seventh Street, Wichita Falls, TX. Applications will be
reviewed for completeness but will not be accepted until completed in their entirety. The data on
the handwritten application will be entered into the computer system. The handwritten
application will be stamped with a mechanical Date-Time Stamp. This time and date serves as
acceptance of the completed application. The handwritten copy will be placed on file in
alphabetical order.
(2). Assignment to Waiting List
If there are eligible applicants 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.
(3). Information Given to Applicants
Applicants will be given an estimate of the range of months until assistance can be expected to
be available. The applicant is informed at the time of application that because of the turnover
rate, lack of federal housing funds, the requirement to take families based on preferences and
then date they apply and the number of persons on the waiting list, most applicants will not be
assisted within the first 90 days of their application.
Applicants will also be informed that all communications between the PHA and the applicant
from this point on will be in writing and that for this reason they must be sure to provide the PHA
with an address where they will be sure to receive any mail. They are also informed that the
mail is not forwarded and that any returned mail can result in their removal from the waiting list.
(4). Expected Turnover Rates
The average turnover rate (number of households leaving the program) is 25 per month. Once
full lease-up is achieved, to maintain that full lease-up a minimum of 50 to 150 persons need to
be called in for briefings per month. Only 32% of those called in for briefings attend that
briefing. With the average success rate of 48%, it takes the issuance of over 2 vouchers to
applicants to get one successful lease up. To increase success rates the staff encourages
applicants/voucher holders to check every source for housing. The staff will over-issue
vouchers to assist in the attempt to meet the PHA's full lease-up policy. Based on PHA records,
52% of new voucher holders find acceptable housing and are leased up within 30 days, 27%
within 60 days, and 17% within the 90 days. When given additional extensions an additional
4% are finally assisted.
(5). Ninety Day Renewal Requirement
[Source: 24 CFR 982.204, c]
Applicants will be informed that they will have to renew their applications at the end of that 90-
day period and every 90 days thereafter until they can be assisted. The application form has a
highlighted information block on both front and backsides of the form that states 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. The
form also has a notice that all changes must be in writing. Failure to update their application
will cause their name to be removed from the waiting list. They will be informed that they may
reapply at the next application time.
(6). Special Conditions. Persons who work, attend training or school during the time period
used for taking applications will be allowed to complete an application either before or after
normal office hours on Tuesdays. Persons living outside Wichita Falls or that are unable to
come to the office can apply by mail. Mailed applications will be reviewed for correct
information and if correct, will be date/time stamped at the start of office hours on the next
Tuesday and entered into the computer program. Arrangements can be made with a 24-hour
notice, for staff to accept applications outside of normal working hours.
(7). Waiting List Format
This waiting list will provide sufficient information to determine should any elderly \ disabled,
homeless or any other preference be mandated by HUD in the future to determine selection
order for assistance as vouchers become available. The list will contain enough information to
meet Fair Housing and Equal Opportunity requirements. Income data at time of application
must comply with the 75% extremely low-income requirements.
c). Opening or Closing of the Waiting List.
[Source: 24 CFR 982.206]
(1). Establishment of The Waiting List.
As the local rental assistance program has been in operation for over finrenty years and there
are always more persons applying for the program than there are funds available to provide
assistance, a waiting list has been established and is used for applicant selection. The
Housing Division office will provide program eligibility information and encourage a number of
interested organizations and parties serving low income families to provide information to their
clients.
(2). Closing the List
If it will take more than 24 months for a family to be assisted, the PHA will publish a public
notice announcing the closing of the waiting list and stating how long the PHA expects it to be
closed. For the past several years the waiting time for assistance has not exceed one year.
(3). Reopening the List
If new vouchers become available or those persons currently on the waiting list are being
assisted within 6 months, a notice will be placed in the local newspaper. This notice will state
that the waiting list is open, that assistance is available within a reasonable time and how
persons may apply to be placed on the waiting list.
2. Working Preference and Selections from the Waiting List. (CFR 982.207)
Families with an adult member that have been working for a period of 90 consecutive days prior
to the selection process will be selected from the waiting list ahead of a family that does not.
Family heads, spouses, or single person families that are receiving Social Security Disability or
Supplemental Social Security Income for their inability to work will be treated as if they are
working families. Families claiming self-employment as a working preference must provide a
current tax return with a schedule C or CEZ form for verification.
The Housing Agency must give an equal preference to a single family (with or without a working
preference) if the head and spouse, or sole member is age 62 or older, or is a single person
with disabilities.
The remaining applicants will be selected from the waiting list by date and time of completed
application.
The Federal regulations mandate that no less than 75% of new admissions have incomes at or
below 30% of the Median Family Income by Family size. At the present time the PHA is able to
meet the requirement through the application process. If the PHA determines in mid June,
based on the available waiting list data, that it may not meet the 75% requirement by
September 30 it will adjust the selection method. Until we meet the 30% income requirement,
the order in which families are selected will be to pick only families at or below the 30% level,
based on the application date and time order. After enough applicants meet this requirement
the PHA will resume the normal selection process.
a). Family Obligations, Denial and Termination of Assistance
(Source: 24 CFR 982. Subpart L)
(1). The PHA may deny assistance for a person or family, if any member of the family was ever
terminated from Section 8, (project-based or tenant-based), Housing Choice Voucher Program,
or evicted from public or Indian housing for any reason, if the offending member is part of the
household. The PHA may also deny admission to the tenant-based Section 8 programs for any
of the grounds stated in the program regulations, such as failure to pay public housing rent,
failure to pay debts to a PHA, or committing fraud in any federal housing program. The PHA
may consider admission to the program, after a three-year waiting period, for those persons
evicted or terminated from assisted housing for drug or violent criminal activities.
(2). The PHA chooses to use indictment as the level of "preponderance of evidence" for
termination under the HUD Drug-Free Housing Policy. If convicted, the three-year wait to
reapply will begin with the date of conviction not indictment. The three-year waiting period will
not be applicable, if a person was terminated from the program for drug or violent criminal
activities and the indictment is later dropped or the person is not convicted of the crime. In the
instance of a dropped indictment, it is the responsibility of the previously assisted tenant to
notify the PHA of these circumstances. Upon notification, the PHA will provide immediate
assistance.
b). Breach of Family Obligations.
The PHA may deny or terminate assistance if there is breach in the family obligations stated in
24 CFR 982.551.
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 the tenant has entered into. If a tenant continuously fails to correct a breach of
family obligations, either by their action or inaction, the PHA will consider this a pattern and
shall deny readmission for a three-year period. Failure to correct tenant caused damages or
tenant caused HQS faited items during the re-certification process can result in denial to move
to a new unit with continued assistance or in termination of assistance. Failure to allow
scheduled inspections is also a breach of family obligation.
c). Former Participants
(1). Families who have formerly participated in federal rental assistance programs and moved
without proper written 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.
(2). 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.
d). Ineligible Applicants or Participants
Anyone found to be ineligible when their name comes to the top of the list will be notified, in
writing, at the address they furnished on the application. The notification shall include
information for requesting an informal review.
II-B. ISSUING OR DENYING VOUCHERS. [Source: 24 CFR PART 982.302].
1. Sefection of Families
a). Current Participant's Preference
[Source: 24 CFR 982.403]
If a change in the family size or composition of a current participant occurs with the result being
that a participant is now under or over housed, the PHA must issue a Voucher for that family to
move to the correct family unit size and assure adequate funding for that family.
2. Determination of Applicant Eligibility
[Source: [ 24 CFR part 5 subpart D, E, F]
There are three major factors that are used to determine eligibility of applicants. The applicant
cannot exceed the very low-income limits (50% of area median income by family size)
established by HUD for the applicant's family size. The applicant must also meet one of the
familial situations identified by the PHA. Eligibility is established and revised by the most
current federal laws, regulations and guidelines.
A third factor is that the applicant must not have a criminal record for drug or alcohol abuse or a
history of domestic violence. All tenants being certified at initial lease-up will be screened on the
internet for a listing under the Sex Offenders Act. A criminal records check with the local police
department will be conducted prior to initial lease-up. A separate consent form for the police
records check must be signed by all tenants over 18 years of age or at re-certification time for
those that have reached 18 years of age during that period. Families are encouraged to avoid
delays by gathering the verification required ahead of the actual certification date. The staff will
provide reasonable accommodation to aid persons with handicaps or disabilities that need
assistance in the completion of the application. The Housing Division offices inside Memorial
Auditorium are accessible areas that allow mobility-restricted applicants to apply.
a). Definition of Family
[Source: 24 CFR 982.201,c]
HUD has no statutory or regulatory definition of family. A family may be either a single person
or groups of persons. A family does not have to include children, but may include children. A
commonly used definition for a multi-person family, which this PHA has elected to use, is "A
family is two or more persons sharing common residency, all of whose income and resources
are available and are used to meet the family's needs and who are related by blood, marriage,
operation of law, or who present evidence of a stable relationship which has lasted at least one
year." Single individuals that are eligible are listed in the regulations and are subject to change.
Single females that are pregnant are classed as a two-person family.
b). Income Sources
[Source: 24 CFR part 5.609]
Income sources are defined by federal regulations. Exceptions and exclusions are listed and
updated by HUD on a regular basis. HUD publishes tables on Annual Median Family Income,
adjusted for family size, on an annual basis. The methods of calculating the Total Tenant
Payment and family's share are determined by federal regulations. The PHA will get a
Request for Release of Information (HUD form 9886 or it's replacement) signed for each
person over 18 years of age. The applicants will also sign the other consent forms required by
requested agencies.
c). Requirement for Extremely Low Income Persons
All new participants must be defined as very low income and have incomes less than 50% of
the median family income adjusted for family size. Seventy-five percent of all new families
admitted to the program during any fiscal year shall be from the extremely low-income group
(30% of less of the AMI) to comply with 24 CFR 5.201 (b)2(I). If an applicant has an income
change (either increase or decrease) between the issuance of a voucher and lease-up, the
income at lease up is the income that is used toward the income targeting requirements.
Lower income families (80% of inedian) that have been continuously assisted since July 1984
can still continue to be assisted. Special Admissions, Prepays and Opt-Outs and other families
for which HUD has provided targeted vouchers are not calculated in the 75% requirements.
3. Social Security Numbers. [Source: 24 CFR part 5 subpart B]
(a.) Social Security Numbers are required to be provided, by the family, for all family members if
they have been issued a number and card by the Social Security Administration. Applicants
may not become participants until the documentation is provided, but they may retain their
place on the waiting list during the period they are awaiting verification.
(b). All family members on the application must either: (a.) Submit Social Security Number
documentation in the form of a valid card issued by the Social Security Administration or other
methods approved in the federal guidelines: or (b.) sign a certification that they have never
been assigned a Social Security Number. If the individual is under 18, a parent or guardian
must execute the certificate. (c.) Receipt document issued by local SSA office when applying
for duplicate SS card. (d.) DD Form 214 Certificate or Discharge form Active Duty. Any
participant who obtains a Social Security Number after initial certification must disclose this
information at the next regular reexamination.
4. Restricted Assistance to Non-Citizens. [Source: 64 FR 25726-25733 (May 12,1999): 24 CFR
pa�t 5 subpart E]
Federal regulations require that persons receiving assistance must be citizens of the United
States. The regulations require that the applicants provide information on their status as
citizens. Subpart E of 24 CFR Part 5 directs how to calculate prorated rents for mixed families.
Eligibility for federal housing assistance is limited to U.S. citizens and applicants who have
eligible immigration status. Persons claiming eligible immigration status must present
appropriate immigration documents which must be verified through the Immigration and
Naturalization Service (INS).
Every applicant for and participant in the voucher program must sign a certification for every
household member either claiming status as:
• A U.S. citizen
• An eligible alien, or
• Stating the individual's choice not to claim eligible status and acknowledge ineligibility.
For household members claiming U.S. citizenship, only a declaration signed by the household
member is required. For an adult, the adult must sign the declaration. For a child, the
declaration must be signed by an adult (who will be residing in the unit) who is responsible for
the child. All new adult and child additions to the household must have their status determined
prior to admission to the household. Non-citizens claiming eligible status must provide all of the
following evidence:
• The signed declaration of eligible immigration status;
• One of the INS documents specified in the rule;
• A signed verification consent form describing transmission and use of the information
obtained.
5. Verification of Income and Determination of Family Rent
During this phase of the certification process the applicants and participants will be informed by
the staff that HUD has a computer-matching program in cooperation with the IRS and Social
Security Administration that can be used to compare the information in that database against
information furnished by the family. HUD will notify both the tenant and the PHA of any income
discrepancies and the tenant will be required to clear up any discrepancy noted.
Third party verification is the desired form of income verification. However, if the third party
provider does not/will not provide the information after a follow-up contact by the Housing
Counselor, the PHA will consider other forms of verification after a finro-week period. The file
will be documented as to the attempts to receive the third party verification. If these attempts
are futile, the HA will accept copies of original pay stubs (preferably four consecutive, current
stubs), or receipts of income or bank statements.
The verification process during the time of application, interim and annual reexamination is a
critical task in the administration of the City's assisted housing programs. The City's Housing
Office verifies all factors relating to eligibility determinations. These include: family composition
and type, annual income, assets and asset income, child care and medical expenses, social
security numbers, and citizenship or eligible immigration status.
All verifications are valid for 60 days prior to issuance of a Voucher and 120 days for a re-exam.
A quality control check is made of at least 10% of all files by the Housing Administrator.
Required Consent
The verification process requires the family to provide and disclose information that is true and
complete. Each member of the family who is at least 18 years of age, and each family head
and spouse, regardless of age, shall sign one or more consent forms including HUD Form
9886. The City will ensure that appropriate consent forms are used to obtain specific
information.
Verification of Income
Information is verified through the five methods of verification acceptable to HUD in the
following order:
1. Enterprise Income Verification (EIV)
2. Third-party written verification
3. Third-party oral verification
4. Review of documents
5. Certification/self-declaration
Up-Front Income Verification-Up-front income verification tools, including TASS, SWICA (State
Wage Information Collection Agencies), and the Work Number, are utilized whenever possible.
When HUD announces the availability of the EIV system for the City of Wichita Falls, the City
will utilize additional EIV tools, including a centralized computer matching system. The State of
Texas Child Support Interactive Website is utilized with written consent from the family, as well
as automated state benefit call centers with written consent of the family.
Use of Third-Partv Verification to Supplement Enterprise Income Verification- Electronic income
verification replaces, to the maximum extent possible, the more time-consuming and less
accurate third-party verification process of contacting individual employers identified by families
or reviewing outdated income verification documents. However, third-party verification may
continue to be necessary to compliment electronic income verification. Electronic income
verification should not be considered an automatic substitute for other third-party verification.
Rather, electronic income verification may supplement other verification documentation, such
as original, current tenant-provided documents.
Third-Partv Written Verification — Third-party verification is used to verify information directly
with the source. Third-party written verification forms are sent and returned via mail, fax, or e-
mail. The family is required to sign an authorization allowing the information source to release
the specified information.
One attempt to obtain third-party verification is made before relying on another method.
Third-party verification forms, including computerized printouts, may not be hand carried by the
family under any circumstances. The City will send request for third-party written verification to
the source at all times regardless of whether the family provides a computerized printout.
The City will altow two weeks for return of third-party verifications. If third-party verification is
not used, the City will documents the reasons in the file.
For applicants, verification may not be more than 60 days old at the time of voucher issuance.
For participants, they are valid for 120 days from date of receipt.
Third-Partv Oral Verification — Oral third-party verification is used when written third-party
verification is delayed or impossible. When third-party oral verification is used, staff is required
to the tenant file, noting with whom they spoke, the date of conversation, and the facts
provided. If oral third-party verification is provided by telephone, the staff person must originate
the call. If third-party verification is not available, the City will compare the specified information
to any documents provided by the family.
Review of Documents — In the event that third-party written or oral verification is unavailable or
information has not been verified by a third party within four weeks, the City will annotate the file
accordingly and utilize documents provided by the family as the primary source if the
documents contain complete information.
All such documents, excluding government checks, will be photocopied and retained in the
family file. When documents cannot be photocopied, staff viewing the documents will
document the tenant file.
The following documents will be accepted from families:
• Printed wage stubs
• Computer printouts from employers
• Signed letters provided that the information is confirmed by phone
• Official documents from federal, state or local agencies
• Bank statements
The City will not accept photocopies but will accept faxed documents.
If third-party verification is received after documents have been accepted as provisional
verification and there is a discrepancy, the City will contact the third-party source and family to
resolve differences.
The City will allow one week for families to provide documents when third-party verification is
impossible to obtain.
The City will not delay the processing of an application beyond 45 days because a third-party
information provider does not return a verification in a timely manner.
Self-Certification/Self-Declaration- When information cannot be verified by a third party or by
review of documents, families will be required to submit a self-certification. Self-certification
means a notarized statement signed under penalty of perjury in the presence of a witness. The
City will allow up to one week for a family to provide self-certification or self-declaration if other
forms of verification are impossible to obtain.
Many times the third party verification is received weeks or months after the income
determination. The Housing Counselor(s) will review the information and compare the income,
hours, pay scale etc. to determine if the calculation of projected income is correct. If
adjustments are necessary, the tenant will be called in to recalculate the income.
a). Defining Income And Sources Of Income
[Source: 24 CFR part 5.609]
The federal regulations at 24 CFR 5.609 (a) determine what sources of income are counted
and at 24 CFR 5.609 (b) what sources of income are not included in the calculations. Federal
regulations require the PHA to project a tenant's income twelve months into the future. One
way to project income is to verify the income previously received. The PHA will use a variety of
ways to logically and fairly predict a tenant's projected income.
A tenant's income is to be verified by a third party and the Housing Counselor(s) will then arrive
at a gross annual income. 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; (1.) use the monthly income as reported times twelve,
(2.) take the weekly pay times 52 (weeks), (3). a payroll every two weeks is multiplied by 26,
(4). amounts for paydays that occur twice a calendar month are calculated by taking the gross
amount times 24, or (5). for incomes based on a hourly pay scale multiple by 2080 hours. The
applicant or participant may be asked about any overtime that they receive on a regular basis.
Income tax returns can be viewed to verify persons that receive tips or that income from self-
employment. Regulations also require tenants to supply income information on the value of
assets and income received from assets.
If a tenant receives payment of utilities or other expenses from a third party or combination of
third parties (such as relatives, friends, churches, United Way, or Interfaith Ministries, etc.) and
these payments are on a recurring basis (more than three times in a one year period) the PHA
must consider this as income. This is income to the tenant regardless of whether the tenant
made the payment or the benefactor made the payment on the tenant's behalf. The tenant
must disclose all income received from all sources or face termination from the program for
unreported or under-reported income.
The PHA may, at their sole discretion, exclude income received for certain CDBG funded
training programs. HUD may mandate other types of income to be excluded.
If a tenant wishes to claim deductions for either childcare costs or medical costs as applicable,
it is the tenant's responsibility for providing the documentation for these expenses.
Special Procedures For Verification of Erratic Child Support Income
The full amount of child support payments awarded is counted as income unless it is verified
that the payments are not being made.
The following documentation is required to verify that the family receives less than the court
ordered amount of child support:
• Current print out from the child support enforcement agency indicating the dates and
amount of payments actually received
• If payments have stopped, faxed verification received from the State of Texas Attorney
General's Office. This verification will provide the amount of the court ordered child
support as well as the date and amount of the last payment actually received.
• With family's written permission, information accessed on the internet through the State
of Texas Child Support Interactive website which provides the date and amount of the
last 12 payments made. Depending on the frequency of the payments, this will provide
a three to twelve month payment history.
(1). Child Care Expenses.
Childcare expenses are amounts anticipated to be paid by a family for the care of children
under 13 years of age if the care is necessary to enable a family member to do any of the
following: actively seek employment, be gainfully employed, or further the member's education.
More than one family member may be enabled to engage in any one of these qualifying
activities for child care purposes.
The City uses third-party written verification to verify childcare expenses by mailing a Child Care
Verification Form directly to the childcare provider. Childcare expenses are deductible only to
the extent that they are not reimbursed, they reflect reasonable charges for childcare, and the
expenses incurred to enable a family member to work do not exceed the amount earned. Staff
will compare the hours during which childcare is provided to the hours family members are
working or engaging in one of the other qualifying activities to determine if child care is
necessary to enable the qualifying activities.
Child care expenses are only considered valid if 1) the income made available to the family by
the family member working or going to school exceeds the chitd care costs; 2) the child care
enables a family member to work or attend school, and this is documented, 3) the participant
provides a statement (third party verification) from the child care provider that the participant
� actually paid for the child care, 4) If care is provided by an individual, provide the name,
address, rates charged, and their tax identification number or social security number that the
income with be reported to IRS. Payments over $600 in a year to an individual will require an a
record of payment in the form of an IRS form 1099 or W2.
The City may use reasonable costs used by the local Child Care Management System as a
guide in determining reasonableness for childcare expenses.
(2). Medical Expenses.
Those tenants that may have medical expenses will be informed on the best manner to
document these expenses and reminded that these records can help to reduce their share on
the rent.
The medical expense deduction is permitted only for households in which the head or spouse is
elderly or disabled. Medical expenses are expenses anticipated to be incurred during the 12
months following certification or reexamination which are not covered by an outside source
such as insurance. The medical allowance is intended to anticipate regular, ongoing and
anticipated expenses during the coming year.
IRS Publication 502 is used as guidance in determining allowable medical expenses which may
include:
• Services of doctors and health care professionals
• Services of health care facilities
• Medical insurance premiums
• Prescriptions and non-prescriptions if prescribed by a physician
• Transportation to treatment
• Dental expenses, eyeglasses, hearing aids, batteries
• Live-in or periodic medical assistance
• Nfonthly payment on accumulated medical bills. The allowance may include only the
amount expected to be paid in the coming 12 months.
The City will request third party written verification of inedical expenses. Privacy laws are
making it more difficult to verify medical expenses, however. If a health care provider does not
respond to a request for verification of a medical expense, the City may review tenant-provided
documents.
Disability Assistance Expense Deduction
Families are entitled to a deduction for unreimbursed medical expenses to cover care
attendants and auxiliary apparatus for each member of the family who is a person with a
disability, to the extent necessary to enable any member of the family (including the member
who is a person with disabilities) to be employed. This deduction may not exceed the earned
income received by family members who are 18 years of age or older, and who are able to work
because of such attendant care or auxiliary apparatus.
When imposing the employment income ceiling, the City will consider:
• If the assistance enables more than one person to be employed, the incomes of those
persons will be combined to determine the ceiling
• If an auxiliary apparatus enables the person with a disability to be employed and frees
another person to be employed, the allowance cannot exceed the combined incomes of
those two people.
If both child care and a disability expense are needed to enable a person in the family to work,
the employment income used to justify the child care allowance for employment purposes may
not be used to also justify the disability assistance allowance. For example:
The family pays: Child Care $100 per week
Disability assistance $100 per week
Total $200 per week
The combined care enables an adult to work and earn $150 per week. The total for both the
disability assistance allowance and the childcare allowance for employment purposes may not
exceed $150 per week.
The care and apparatus deduction includes, but is not limited to, the unreimbursed costs
associated with:
• Attendant care: In-home care, adult day care, nursing, housekeeping, personal care,
and errand services, and interpreter for persons who are hearing impaired, or a reader
for persons with visual disabilities.
• Auxiliary apparatus: Including wheelchairs, walkers, scooters, ramps, adaptations to
vehicles, service animals and special equipment to enable a blind person to read or
type. The cost of maintenance and upkeep of the auxiliary apparatus is also included.
(3). Family and Income Information
At both certification and reexamination, tenants will be briefed that the level of their assistance
is based on the information they provide about their income, their family size, number of
reported dependents, child care, income assets or medical expenses combined with
handicapped/disabled expenses. The tenants will be reminded that they are required to provide
correct information. The participants are reminded that information given now and for all future
changes must be in writing.
Verification Mandatory Deductions
In determining adjusted income, the City is required to deduct the following amounts from
annual income:
• $480 for each dependent
•$400 for any elderly or disabled family
• The sum of the following, to the extent that the sum exceeds 3% of annual income:
o Unreimbursed medical expenses of any elderly or disabled family; and
o Unreimbursed reasonable attendant care and auxiliary apparatus expenses for
each member of the family who is a person with disabilities, to the extent
necessary to enable any member of the family to be employed.
• Any reasonable childcare expenses necessary to enable a member of the family to be
employed or to further his or her education.
Dependent Deduction
A dependent is a family member other than the head or spouse (except foster children and
foster adults) who is any of the following: under 18 years of age, a person with a disability, a
full time student who is 18 years of age or older.
Minor status is verified with a birth certificate (certified copy or hospital issued), and social
security card showing name, sex, social security number, date of birth and relationship to head
of household.
Full time student status is verified by written third-party verification using the City's Full Time
Student verification form mailed to the educational institution. The institution defines what full-
time student means for its student population. Options which may be used for verifying full-time
student status include: oral third party verification by contacting the institution's registrar's
office, a current enrollment status letter showing the school's name and address, dates of
enrollment and totat number of classes or credits attempted in a given quarter or semester.
Verification requests should be mailed directly to the school and completed verification should
be received directly from the school.
Deduction for Disabled Families
A disabled family is a family whose head, spouse or sole member is a person with disabilities.
Disability status will be verified in the same manner as described above.
Deduction for Elderly Families
An elderly family is a family whose head or spouse is at least 62 years of age. Elderly status
can be verified by birth certificates and social security cards. Third party written verification of
social security benefits received from the local SSA office contains the birth date of the
recipient. These can be used to verify birth date in place of a birth certificate.
Verification of Assets
Family Assets
The City will utilize the current balance for savings and checking accounts. The City will require
the information necessary to determine the current cash value of a family's assets (the net
amount the family would receive if the asset were converted to cash).
To document an asset, a third-party verification form is mailed or faxed by the City directly to
the financial institution. If third-party verification is not available, the following may be accepted:
• Letters or documents provided directly by the financial institution or broker
• Passbooks, checking account statements, certificates of deposits, bonds, or financial
statements supplied by a family if completed by a financial institution or broker
• Real estate tax statements if the approximate current market value can be deduced
from them
• Financial statements for business assets
• Copies of closing documents showing selling price and distribution of sales proceeds
• Appraisals of personal property held as an investment
• A family's self-certification describing assets or cash held at the family's home or in
safe-deposit boxes
Assets Disposed of for Less Than Fair Market Value During Two Years Preceding Effective
Date of Certification or Recertification
At admissions and reexaminations, the City will obtain each family's certification that it has or
has not disposed of assets for less than fair market value during the two years preceding the
effective date of the certification or recertification. If the family certifies that it has disposed of
assets for less than fair market value, the certification must show: (a) all assets disposed of for
less than fair market value, (b) the date they were disposed of, (c) the amount the family
received for each asset, and (d) the market value of each asset at the time of disposition.
Third-party verification will be obtained whenever possible.
Income From Assets
Savinqs or Checkinq Account Interest and Dividend Income- Acceptable methods of
verifications include, in this order:
• City verification forms filled out or other statements supplied by the financial institution
or, if these are not available, account statements, passbooks, or certificate of deposit
statements supplied by the family
• Broker statements showing the value of stocks or bonds and the earnings credited to
the family. (Earnings can also be obtained from current newspaper quotations or orally
for brokers.)
• IRS Form 1099 from a financial institution provided that the City adjusts the information
to project earnings expected for the next 12 months.
Interest Income from Mortqaqe and Similar Arranqements- Acceptable methods of verification
include, in this order:
• A letter received directly from an accountant, attorney, reaf estate broker, the buyer, or
a financial institution stating the interest due for the next 12 months. (A copy of the
check paid by the buyer to the family is not sufficient unless the breakdown of interest
and principal is shown.)
• An amortization schedule showing interest for the 12 months following the effective date
of certification or recertification.
Net Rental Income from Propertv Owned bv Familv- Acceptable methods of verification include,
in this order:
• IRS Form 1040 with Schedule E(Rental Income)
• Copies of latest rent receipts, leases, or other documentation of rent amounts
• Documentation of allowable operating expenses of the property: tax statements,
insurance invoices, bills for reasonable maintenance and utilities, and bank statements
or amortization schedules showing monthly interest expense.
• Lessee's written statement verifying rent payments to the family and the family's self-
certification of net income realized
(4). Review of Family Circumstances, Rents, and Utilities.
a.) PHA Annual Review Items
The PHA staff will review Utility Allowances, Voucher Payment Standards, Rent
Reasonableness and any possible changes to the Housing Quality Standards at least on an
annual basis. These reviews should be scheduled to be completed and any changes be
available to be effective when the FMRs become effective. Reviews will be in accordance with
the most current information and guidelines available.
b.) Re-examinations
[Source: 24 CFR 982.516]
1). Annual Re-certification
All participants will be re-certified at least annually. The PHA will maintain a file, by month, of
required re-examination dates. The annual re-certification process will follow the regulations for
initial certification, except photocopies of existing data may be transferred to any new file in the
case of moving to a new address.
2). Action or Inaction of the Family
[Source: 24 CFR 982.552]
Failure of the family to respond to correspondence scheduling appointments for re-certification,
inspections, providing the required information, updating consent forms, and other required
actions can cause tenant termination from the program.
3). Interim Re-determinations
[Source: 24 CFR 982.516j
(a). Special Reviews
Special reviews may be scheduled every 30 days for families, except for cases under a doctor's
care, that have reported no verifiable income, or that have an income less than the current
TANF, Social Security retirement or SSI amounts. These families will be referred to as many
sources of assistance within the community as possible to get the level of income assistance
they deserve.
(b). Unstable Incomes.
Special reviews may be scheduled every 90 days for families with unstable incomes that cannot
be projected with any degree of reason.
(c). Changes in Family or Income
Special reviews or Interim reexamination will be completed when the family requests a change
based on any changes in family income, family expenses or family composition. Tenants are
required to report any decrease in income or in changes (increase or decrease) to the family
composition within 30 days of the change. Tenants are informed of this requirement during
their initial certification and at each regular reexamination. All tenants will also be informed of
the computer-matching program that will notify the PHA of any discrepancy between reported
income and IRS/Social Security income data.
A special review may also be required if evidence is provided by other federal or state agencies
or individuals, or as a result of a quality control audit that indicates the need to do a re-
examination before the next scheduled review date.
(d.) Effective Dates of Changes
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 is
reported. Any increases in Total Tenant Payment or Family Share from an interim or regular
reexamination will become effective 30 days after the next rental due date following the change
in income, not necessarily the date the change is reported. Unreported Increases in income will
be charged when the voucher holder has failed to provide required information within 30 days of
income or family change and a repayment agreement offered.
(e.) Time Frame for Reporting Changes
Tenants are required to report all changes in income or family composition within thirty days.
The tenant does not have to work for a full thirty days, if they work 1 day or 29 days and then
leave employment, this income must still be reported within the thirty day period. To receive the
benefit of the decreased family share the changes must be reported before the 25th of the
month to allow processing time. Tenants will be reminded during certification and reexamination
that HUD has a computer-matching program that provides the PHA with any discrepancies in
reported income.
(f.) Effects of Reported Changes
Any increase in income or decrease in income must be reported. If the tenant has a reduction
in income the PHA can reduce their share based on this reduction. This reduction will be
effective as described above. When the tenant starts to receive income again they must also
report any changes until their share is back to that prior amount of the decrease, or until the
ne� regularly scheduled reexamination.
During the year between annual re-examinations if the amount of increased income will affect
the Total Tenant Payment or Family Share with an increase of less then $25 a month, no
changes in the HAP will be made until the next recertification date. This doesn't apply to
families who have received an earlier reduction in family share because of decreases in income
until their income is back to the amount prior to the reduction.
(g). Calculation of Rents and Housing Assistance Payments
[Source: 24 CFR part 982 subpart K]
The Housing Counselor(s) will be responsible for the calculation of the Family Rent. The
Family Rent is based on the information of 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.
(h). Minimum Rent
The minimum rent for Section 8 participants is $50.00. All Voucher families will contribute the
highest of thirty percent (30%) of monthly adjusted income or ten percent (10%) of monthly
gross income, or the minimum rent toward the rent plus any rent above the applicable Payment
Standard.
The minimum rent requirement may be waived under certain circumstances. Financial hardship
status may be granted for a ninety (90) day period beginning the month following the family's
written request in the event of the following:
1. The family has lost eligibility or is awaiting an eligibility determination to receive federal,
state or local assistance, including a family having a non-citizen household member
lawfully admitted for permanent residence and who would be entitled to public benefits
but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996;
2. The family income has decreased due to changed circumstances such as separation,
divorce, abandonment;
3. One or more family members have lost employment;
4. The family would be evicted as a result of imposing the minimum rent requirement;
5. There has been a death in the family; or
6. There are other hardship situations determined by the PHA on a case by case basis, i.e.
emergency hospitalization.
Financial hardship exemption only applies to payment of minimum rent, not to rent based on the
formula for determining the Total Tenant Payment. (TTP)
Other requests may be considered at the Housing Administrators or his/her designees
discretion.
When the tenant initiates a request for a hardship exemption that the PHA determines is
temporary in nature:
1. Rent may be suspended, during the ninety (90) day period beginning on the day the
request is made. At the end of the ninety (90) day period, the minimum rent is
reinstated retroactively to the date of suspension and the HAP is again adjusted.
2. The PHA will allow the family a maximum of twenty four (24) months to make payment
of any delinquent minimum rent payments accrued during the suspension period.
However, the family must execute a hardship repayment agreement with a minimum
payment of $20.00 per month. (See section II-R 1-3)
3. The family may not be evicted for non-payment of rent during this ninety (90)-day
period.
When the tenant initiates a request for a hardship exemption that the PHA determines is long
term in nature:
1. The PHA may exempt the family from the minimum rent requirements so long as such
hardship continues.
2. Such exemption shall apply from the beginning of the month following the family's
request for a hardship exemption until the end of the qualifying financial hardship.
3. Family is subject to the terms of the hardship repayment agreement policy.(See Section
I I-R 1-3)
Hardship determinations are subject to the PHA's Informal Hearing Process and families are
exempt from any escrow deposit that may be required under regulations governing the hearing
process for other determinations.
6). Monitoring Calculations
The Director of Housing and/or Housing Administrator shall review five percent (5%) of the
determinations in order to ensure accuracy of the calculations. The PIC system computer
database program also automatically calculates income and deductions to help reduce human
error. Quality control inspections and audits are done in accordance with SEMAP grading.
7. Information When A Family is Selected
a). Verbal Briefing
(Source: 24 CFR 982.301 (a)]
The Briefing is a two-step process with the first part being a verbal briefing to explain the
program in general. The Second part is an information packet as required by HUD in 24 CFR
982.301 (b).
b). Scheduling Briefings
(1). Notification
When the applicant is among the next group of families to be assisted from the waiting list, the
Housing Counselor III or the Housing Administrator 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 briefing session. They will be informed of the information to be brought in,
along with a specific date and time to provide time to review this information prior to the
scheduled session. All necessary data to complete their application and verify their eligibility
must be available prior to the briefing session. Failure to provide the necessary documentation
by the prescribed date, without justifiable cause, will result in removal of their name from the
waiting list and the next eligible family will be notified.
An applicant can submit a written request to reschedule to the next briefing as long as the office
receives the letter 24 hours prior to the briefing date. An applicant's eligibility will be determined
based on the most current Federal regulations and guidelines. Failure to attend this briefing
session appointment, without justifiable cause, will result in removal of their name from the
waiting list. The family will be notified and offered the opportunity to reapply.
(2). The Briefing Information Packet
HUD has established a minimum list of items to be in the packet and the City has added
additional items of information.
The information packet, as required by HUD in 24 CFR 982.301 (b), should explain:
(a). How to find a suitable unit that meets HQS
(b). The need to shop for a unit with a reasonable rent
(c). The known landlord \ agents who have expressed agreement to rent under
Section 8 and the availability of units
(d). The implication of the utility allowance in the Payment Standard and the effect on
the total amount of rent to the Landlord \ agent (contract rent)
(e). The need to have the security deposits for both the unit and for any tenant paid
utilities at the time of lease-up
(�. Lease approval procedures by the PHA
(g). Tenant rights and responsibilities
(h). Landlord \ agent rights and responsibilities, and
(i). The requirements and tenant rights in the portability options of the Section 8
program.
Participants will be reminded that all information provided by the applicant in their application
has to be verified and that all future transactions involved during the application process or in
the assistance program must be in writing.
c). Offer of Assistance
[Source: 24 CFR 982.309)]
This PHA only provides Housing Choice Vouchers, as this is the only type of assistance that
can be offered. Refusal to accept will remove the family from the waiting list. Applicants will be
reminded they can reapply at any of the regular application days.
d). Issuance of Housing Choice Vouchers and the Request for Tenancy Approval form
[Source: 24 CFR 982.302]
(1). Initial Term
Each applicant to receive assistance will be issued a Voucher, which is good for a 60-day
period. To maintain the needed records to tract lease up rates, the Voucher will expire at 5:00
P.M. on the 60th date of issuance. The PHA will automatically extend this period for an
additional 30 days if family requests an extension, in writing, making the voucher active for a
total of 90 days. The family will be requested to explain what the problem in finding a unit is so
that the staff can evaluate their outreach program to landlords. Assistance to the applicant can
be offered if they are having problems finding a unit.
The staff will explain the best methods to locate a unit and explain how the applicant can
increase their chance of a successful hunt. To make the program accessible to a family
member with disabilities, the PHA will extend the voucher for an additional 30 days over a
normal extension (120 days total).
In the case of portability, the extension may also be extended up to 120 days if the tenant has
requested the extension in writing or the receiving PHA notifies this office of a need to extend
the voucher.
(2). Request for Tenancy Approval (RFTA) form
The Request for Tenancy Approval is a form that tells the PHA the necessary information
needed about the terms and conditions of a lease. The PHA will review the proposed lease and
rental conditions for acceptable provisions. If the PHA receives no RFTA within 30 days, the
famify will be offered additional assistance in their housing search. If no RFTA is received
within 45 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. No contact from the family and failure to
submit a RFTA by the 60th day can result in the withdrawal of the offer of assistance (voucher).
See the section on extension above.
8. Additional Information to Applicants
Atong with the eligibility requirements listed above, the PHA will strongly remind the applicants
of the following:
a). Requirement for ALL Communications with the PHA to be in Writing
All notices between the Landlord \ agent and the tenant, the tenant and the PHA, and the PHA
with either the tenant or the Landlord \ agent will be in writing.
b). Unauthorized Persons
[Source: 24 CFR 982.551(h) (2)]
It is part of the Family Responsibilities to keep the PHA informed of the composition of their
family. Failure to meet this responsibility can result in loss of the family's assistance.
Applicants and participants will be warned that persons not on the lease are not part of the
household, even if blood, marriage or legal instrument relates them. Only persons listed on the
lease may reside in the unit. The income of all persons residing in the unit are used to
determine the family's share of the rent. Failure to keep unauthorized persons from being in
the unit can result in loss of assistance for the family. Landlords may define in their lease if the
tenant may have overnight guests and for what length of time. If not specified in the lease the
PHA has established three days as the ideal length for stays for anyone not living more than
100 miles away. If the landlord approves, out-of-area guests can stay up to one week.
Any person not listed on the lease cannot be considered a remaining family member under the
program guidelines. Attendant care persons (Live-In-Aides), whose incomes are not counted for
determining the eligibility or the rent of the family, are not parties to the lease even if listed on
the lease. They would not be considered the remaining member of the tenant family in the
event the lessee dies or vacates the dwelling unit. Information that there is an attendant care
person in the household may be listed on the lease. However, that does not make them a party
to the lease. It is best to have the live in aide listed by name on the lease.
9. Monitoring Participant Characteristics
The Housing Administrator will monitor and review the characteristics of applicant families to
ensure that: (1). income levels of participants and applicants will be in conformance with
current HUD regulations and (2). that there is sufficient federal funding available to pay for all
contracts before a new contract is entered into.
II-C. Special Purpose Admissions
[Source: 24 CFR 982.203]
1. Special (Non-Waiting List) Admissions
The Federal Register and Title 24 Code of Federal Regulations (24 CFR) 982.203 provides a
full list of permitted special or non-waiting list admissions. Special admissions can occur when
HUD provides a fixed amount of assistance that is directly targeted to a specific group of
identified persons, and further instructs the PHA to provide assistance to that group. This
section covers assisted complexes that choose Pre-Payment and project-based expiring
contracts where the Landlord \ agent decides to Opt-Out. Public and Indian Housing (PIH)
notices are issued on a regular basis that have detailed instructions on this assistance and how
the PHA will administer the same. The PHA is ready to accept all the units that become
available in the area.
2. Servicing Units for Another PHA within Wichita County
If HUD should make Section 8 rental assistance from other PHAs in the surrounding areas
available, this PHA will agree to administer these units. The PHA would do this only if this
agency can be formed into a metro area type PHA and all units and funding are combined into
a single funding authority and with a single waiting list.
II-D. OCCUPANCY POLICIES
1. Definition of Family
[Source: 24 CFR part 5.403 and 24 CFR 982.201 ]
This is covered in the section on page 10 above.
2. Definition of Continuously Assisted
The definitions in 24 CFR 982.4 defines Continuousty Assisted as an applicant that was already
receiving assistance under any 1937 Housing Act Program when the family was admitted to the
rental assistance program and who has never been removed from the program.
3. Moving With Continued Tenant Based Assi$tance
[Source: 24 CFR 982.314]
The participating family is restricted from moving during the initial term of the lease, usually for
a period of one year. After the initial term of the lease, the PHA further restricts the voluntary
movement of tenants to one move per year except for: Cases of health, Safety (family abuse,
etc), Education, or Employment or by Mutual agreement of tenant and landlord to reduce the
lease period. This requirement also applies to Portable units being administered by other
PHAs. Any assisted move must be with written notice, as specified in the lease, to both the
Landlord \ agent and the PHA before the move takes place. If the tenant is in violation of 24
CFR 982.552, they may be denied permission to relocate with continued assistance.
4. Family unit Size
[Source: 24 CFR 982.402 (b) and (d)]
HUD requires that the PHA must provide assistance to the family for the smallest family unit
size possible. The suggested standards for family unit size are in the Housing Choice Voucher
Program Guidebook 7420.10G, on page 5-42 and are used by this PHA as the standard.
The family unit size standards established by HUD are included in the Housing Quality
Standards Section Regulations (24 CFR 982.401 (d) (2) (ii)) and state that no more than two
persons will be required to share living/sleeping rooms.
Not all enclosed areas can be counted as bedrooms. To be counted as a bedroom the room
must meet HQS, and 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
counted as a living/sleeping area but will not be counted as a bedroom. The kitchen and
bathroom will not be counted as sleeping rooms. The living room may be counted as a
sleeping room. Units must have the minimum number of bedrooms / sleeping rooms required
for that family's size and composition. Participants may lease a unit with less bedrooms than
listed on their voucher. However, the unit must have one bedroom or sleeping room for each
two persons.
The PHA has the discretion to set minimum and maximum persons for family unit sizes as long
as the unit meets the above requirements of one bedroom/sleeping room for each two persons.
The PHA allows the family to decide if the living room is to be treated as a living/sleeping room.
The family is eligible for a certain family unit size based on the number of persons in that family.
This is also the subsidy standard for that family. The PHA cannot require the family to accept a
sleeping room in lieu of a bedroom; however, the family has the right to choose this option as
long as the sleeping rooms meet HQS. Two persons of the opposite sex will never be required
to occupy the same bedroom since the living room may be used as a sleeping room.
The PHA is motivated to help the greatest number of families within the established budget
authority. Larger unit sizes increase the amount of subsidy paid on behalf of a tenant family,
reducing the amount of funds available to help other families. Therefore, the PHA adopts a
strict policy of authorizing bedroom size according to the chart contained in the Housing Choice
Voucher Program Guidebook 7420.10G, p. 5-42.
These minimum standards state that the dwelling unit must have at least one bedroom or living
/ sleeping room for each finro persons. Children of opposite sex, other than very young children,
may not be required to occupy the same bedroom or living/sleeping room. Some participates
feel that they should have a bedroom for each child because of age differences of same sex
children or the fact that the parent and child may be the same sex and thus required to share a
bedroom. Unless or until HUD requires the PHA, in writing, that this agency must provide
separate bedrooms in these cases the PHA will continue to issue based on the regulation. If
there is a medical reason the PHA may authorize a larger number of bedrooms for the family
size.
Live-in-Aides are not counted as family members nor is their income included in rent
calculations, but they are counted when determining family unit size and are required to have a
bedroom of their own.
FAMILY UNIT SIZE AUTHORIZED
Standard for the Issue of Housin Choice Standard for acce tabilit of Units Size
Vouchers HQS rules
HCV Minimum No. Maximum No. Unit Size Maximum Occupancy —
Bedroom Of Persons in Of Persons in Assumes Living Room
Size Household Household is used as a sleeping
room
0- bedroom 1 1 0- bedroom 1
1-bedroom 1 2 1-bedroom 4
2-bedroom 2 4 2-bedroom 6
3-bedroom 3 6 3-bedroom 8
4-bedroom 6 8 4-bedroom 10
5-bedroom 8 10 5-bedroom 12
6-bedroom 10 12 6-bedroom 14
*24 CFR 5.405 (c) states that single individual who is not elderly, disabled, handicapped or
displaced, shall not receive housing assistance for a unit for which the subsidy standard
exceeds that of a one bedroom.
(The local PHA has established the practice that separation of same sex siblings will occur at
the age of seven (7) years. If total family members occupying the unit consists of four (4)
people, two of which are opposite sex siblings and one is seven (7) years or older, a three (3)
bedroom voucher will be issued.) This is the only exception to the above guidelines except for
increased bedroom assignments based on the reasonable accommodation guidelines.
5. Restriction on Being Added to Another Family's Lease
If the family or person was terminated from the program for cause, they may not be added to
any other family's lease until a three-year period is over.
6. PHA Occupancy Rate
A minimum occupancy rate of 95% of the baseline unit authorization is the goal to be
maintained by the PHA. The future availability of expiring vouchers will be monitored to
determine the number, family-unit size and approximate date of availability of a voucher in order
to maintain this occupancy rate. A monthly bedroom utilization report will be used internally for
this purpose. Changes in the expected turnover rate may allow the PHA to have more units
under lease than were authorized by the older CACC listing the number of units. The PHA may
over issue more vouchers than can be supported with the approved budget authority based on
the expected success rate for past applicants. The PHA will not enter into a contract that
cannot be funded within the CACC or its expected renewal funding.
The PHA will review, at least quarterly, turnover rates, success rates of applicants to lease up,
expected family unit sizes to be taken from the waiting list, the income requirements for
providing assistance to 75% of all new voucher holders to be at the 30% of AMI, and budget
restraints that may affect the program.
7. Eligible Housing
[Source: 24 CFR Part 982.352 and 353]
Other than shared housing, sleeping room only, units owned by relatives, or units under
contract for deed or sale to the applicant\tenant can be leased under the Housing Choice
Voucher program provided they have reasonable rents and an acceptable lease and can meet
HQS. Units can be leased within the service area of the PHA. The PHA allows leasing within
the 100 year floodplain as there are no restrictions on leasing these locations on the open
market. The tenant should be informed of this condition and encouraged to buy both renters
and flood insurance.
8. Leasing To Relatives
Source 24 CFR part 982.306 (d)
The PHA must not approve a lease if the Landlord \ agent is a parent, child, grandparent,
grandchild, sister or brother of any member of the family unless the PHA determines that the
unit provides reasonable accommodation for a family member with disabilities. This restriction
applies to persons receiving assistance after May 8, 1998. Anyone in place with continued
assistance since May 8, 1998 may remain in place, unless there are changes in family
composition causing an under or over housed condition. If the disabled person leaves the
household, the exception will cease and the family will have to relocate. Both tenants and
landlords will certify that they are not related. Failure to correctly report the relationship can
result in the landlord being required to repay any HAP received. The family could be terminated
from the program for failure to meet Family Responsibilities if they fail to correctly report any
relationship to the owner.
9. Tenant or Landlord \ agent Legal Capacity
a). Legal Capacity
Both the Landlord \ agent and tenant must have the legal capacity to enter a lease under State
law. "Legal capacity" means that the tenant can be bound by the terms of the lease (contract),
can understand the terms of the lease, and may enforce the terms of the lease against the
Landlord \ agent.
b). Tenant Legal Capacity
In Verlink Marshall et al vs. Housing Authority of the City of Taylor, the District Court held that
the Housing Authority's practice of requiring the head of household to be either majority age or
an emancipated minor did not violate the Housing Act of 1937. Therefore, this PHA elects to
define legal capacity as an individual or head of household as a person 18 years of age or
older, or an emancipated minor. Emancipated minors will be required to submit copies of the
court papers to verify their status.
c). Landlord \ agent\owner Legal Capacity
An owner must establish they have a legal right to lease the requested unit through the
recorded deed records, bill of sale or property tax notice. An agent or executor of an estate
must provide documentation of their legal appointment to act on behalf of the Landlord \ owner.
When a Landlord \ agent enters into a HAP contract they are certifying they have the legal
capacity to rent the unit. Entering into a HAP contract without the legal capacity to do so
nullifies and voids all contracts and leases, and is subject to prosecution for fraud to recover
any funds paid as a result of the nullified lease.
10. Manufactured Home Pad Rentals
This PHA chooses not to implement the provision that Section 8 assistance can be used to rent
a manufactured home site, while the "tenant" owns the home. Since the applicant is technically
a homeowner\Landlord \ agent, this PHA chooses not to make Section 8 assistance available
because the applicant may not have the desire, savings, or motivation to bring the
manufactured housing unit up to HQS. The PHA will continue to allow Section 8 tenants to rent
manufactured homes as long as the home and pad space is considered together in the gross
rent.
II-E. ENCOURAGING PARTICIPATION OUTSIDE IMPACTED AREAS
1. Outreach to Income Eligible Families
[Source: 24 CFR 982.153]
a). Public Service Announcements/News Releases
(1). Methods of Media Outreach
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 as public service announcements to the general public. Paid 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). Methods of Outreach to Groups
The PHA will distribute available information and materials to interested parties through its
o�ce and the following: the Public Housing Authority offices, neighborhood 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.
(3). Methods of Outreach to Individuals
Each year the PHA places information on Fair Housing on the back of the water bills for the
City. If needed, a notice can be placed on the bills encouraging persons to apply for Section 8
rental assistance.
b). Paid Advertisement
If the on-going free methods of advertising for 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 does not exist when any additional increment of units is authorized, all
forms of inedia including paid advertising will be used to inform interested groups and
individuals.
To the extent administrative funds are available, the PHA will publish advertisements in the
(Wichita Falls) Times Record News, The Express (a free supplement mailed to area homes),
The Thrifty Nickel (a free weekly paper available at stores, food outlets, etc), and the North
Texas Journal, a minority newspaper. If paid advertising is used, these ads will include the
"Equal Housing Opportunity" logo. In the case of free advertising or in news items an effort will
be made to include the logo or statement.
c). Special Outreach to Groups Least Likely to Apply
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. To stimulate applications from the above groups, information on the
Housing Choice Voucher program 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, senior citizen
groups, Region IX Education Center, church groups, and other area service organizations that
can assist in informing these selected groups.)
d). Other Sources of Information.
Information is provided to the �chita Falls Chamber of Commerce and Industry, Texas Work
Force Commission, Social Security Administration, and Department of Human Services on the
Housing Choice Voucher programs. These offices often serve as referral services to other
agencies that can provide housing 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. A landlord newsletter
has been created and distributed. This newsletter contains appropriate information and
updated program revisions.
2. Housing Selection and Choice
The PHA encourages the greatest degree of freedom in housing choice to increase spatial
dispersal as much as possible (within program restrictions) while providing decent, safe and
sanitary assisted housing in areas outside those in which lower income and minority
households are normally concentrated.
a). Staff Assistance to Locate Housing
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. The staff may provide direct
assistance to mobility-restricted families in the housing search.
Families are encouraged to look at all types of rental units, in every area of town, during their
housing search.
Persons with a disability or handicap that are requesting reasonable accommodation shall put
that request in writing to the Director of Housing. A formal written reply will be prepared
explaining what, if any, accommodation will be made.
b). Available Housing Selection
The quantity and quality of housing available to program participants, outside of racially and
financially impacted areas of the City, is considered to be marginally sufficient.
The improvement in the local economy has reduced the number of vacant units and has served
to increase the open market rents. The FMR for the local area was reduced in 1995 by HUD,
based on 1990 Census information. Along with changes in the method of calculation to
determine the FMR from the 50th percentile to the 40th percentile of the market rents, a
widening gap between FMR and open market rents has occurred. The finrenty percent increase
in the CPI and 50% increase in rental rates during this period has caused sharply higher open
market rents that, in turn have increased the difficulty of finding units within the current Payment
Standard even with the increases in FMRs over the past few years.
The PHA has adjusted iYs Payment Standard to a range befinreen 95% to 110% of the FMR to
increase the chances of voucher holders finding acceptable units within the vouchers
timeframe. There are barely enough readily identified units in the price range for the successful
operation of the program. The staff will have to increase their marketing to increase the
numbers of landlords and property choices. There are a number of older apartment complexes
that have never been involved with the Section 8 program because in the past they had large
numbers of person waiting to rent their units. The recent increases in newer apartment units
have reduced or eliminated these waiting list as families moved to the newer units. Staff will
have to seek out these complexes, and encourage their participation in the program.
Past experience has demonstrated that positive Landlord \ agent response to the Housing
Choice Voucher program is present in the City. For the current and future needs of the
program, the number of units and acceptable housing quality is there. Staff will just have to try a
little harder to encourage participation. The major problem seems to be in the single family
portion of the market. Due to the age of the existing single family stock, many units have
trouble meeting minimum HQS requirements and lead requirements. Along with improved
landlord relationships the tenants expectations are going to have to be tempered to face the
economic facts that some units will be outside the current Payment Standards. Tenants must
be reminded during briefings that the purpose of the program is to provide modestly priced
units, and that they must stay within the funds available.
The recent opening of one LITHC projects (Woodview Apartments), funded with local bond
monies, has increased the number of available units by close to 100 units. Not all units are
filled by Housing Choice Voucher holders, but they did provide sources of lower rent units.
Staff feels that this dramatic increase in lower priced units should make it possible to find
acceptable units. The construction of several new open market apartment comptexes should
help to reduce the pressure on rental properties. These complexes have higher rents than the
Housing Choice Voucher families can afford, but they open up other apartment units as families
move to the new complexes. The loss of Holliday Creek Gardens, a project-based complex
with 179 families, has contributed to the pressure on limited number of units that lower income
families can expect to have available.
II-F. RENT REASONABLENESS
1. Factors of Rent Reasonableness
[Source: 24 CFR part 982.507]
No unit will be leased under the Housing Choice Voucher program that is not rent reasonable.
HUD requires that the agency certify that the rent on any unit placed under contract is
reasonable when compared to unassisted units of the same general quality in the same general
area with the same general amenities as the requested unit. The main cost factor on the open
market is location, with quality being a close second. Another 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 Landlord \ agent in justifying a higher
rent on a unit. Some rooms used for other purposes may also be included as living/sleeping
room if the room meets all the requirements of a habitable room. Once the minimum number of
sleeping areas has been satisfied, failure of a room to meet bedroom requirements does not
mean that the unit fails HQS, however it can affect the rent reasonableness of the unit.
The agency is building a computer database of unassisted units in the Wichita Falls area. The
database has information on the 9 factors HUD uses for rent reasonableness. Working with
local Realtors and using information from Internet sites, formerly assisted units, 2000 Census
data, Sheppard Air Force Base Off-base Housing Office, data from the North Texas Rental
Property Owners Association, information from newspapers and existing owners, the PHA has
access to data on over 8,000 rental units. That figure is greater than 55% of the all rental units
available in the city. (The database will not have that many entries because 4,000 of these
units are in apartment complexes and the database will use only one of each type of rental unit
(number of bedrooms, units with extra bath, and units with fireplaces, etc.) from that complex in
the database.) The computer system will have data in the form of points assigned to all the
factors required for the rent reasonableness test. The program looks at the data entered for the
proposed unit and compares it with 3 unassisted units that have data stored in the system and
prints a report that is placed in the tenant's file.
When the RFTA is first received in the office, a staff member will check the location, proposed
rent, type of structure, number of bedrooms, and utilities for type and who pays each. The
proposed rent is then compared with the data on units of the same bedroom size and type in
the census tract or general area where the unit is located. The staff member will tentatively
determine if the rent is reasonable. After the inspector returns from the inspection and has
reviewed the inspection form and our rent reasonable worksheets, the staff will then decide if
the current information justifies the initial rent reasonable determination. If the inspection report
does not support the information provided on the RFTA (for example a lesser number of
bedrooms or incorrect utility information), the owner will be contacted and a new rent negotiated
based on the data found during the inspection.
2. Rent Reasonable Adjustment Factors
The proposed unit will be compared to the other unassisted units in the database and
adjustments made to increase or lower the proposed rent based on what the comparable
unassisted units have that the proposed unit does or does not offer. The database is designed
to award points based on location, structure type, size, age, quality, amenities,
facilities, utilities provided and services. Points are more heavily weighted on location and
quality to incorporate those factors in the comparable data. Total points will be reviewed and
compared, and the results used to negotiate any rent changes with the landlord. At the
present time, any unit that is within 6% of the average rent and points for the three unassisted
units will be considered reasonable. This figure may need to be adjusted up or down as more
experience is gained of the local market and the rent reasonable program.
The rent reasonable worksheet can be amended and the points increased for any items
repaired. These improvements can be used to increase the points awarded and thus the rent
that the owner has requested. A final comparison can be done to check rent reasonableness
with the new information.
The PHA encourages landlord \ agents to install energy efficient Central Heating systems in
their units. Any Landlord \ agent wishing to improve their unit to facilitate a rent increase will be
briefed on the CDBG funded Investor-Owned Rental Rehabilitation Program or be encouraged
to renovate the rental units on their own.
3. Families That Rent in Place
The PHA will not consider the requested rent to be reasonable, if the unit was previously leased
to the family on the open market for less than the rent now being requested from Section 8.
The dwelling unit does not qualify for an increase in rent up to the Payment Standard, just
because it is now being leased to a Section 8 tenant.
For currently assisted units, comparing the condition of last year's inspection against the current
condition can also be a major factor in evaluating a rent increase on existing units. The unit is
still compared to unassisted units.
When a family re-certifies and the owner requests an increase in the rent, or for changes in the
payment arrangements on the utilities that will result in a higher rent to the tenant, a new rent
reasonable form will be completed. The changes will not be approved or the rent increased if
there is not justification for such an increase.
II-G. ASSISTING FAMILIES CLAIMING HOUSING DISCRIMINATION
(Source: 24 CFR 982.304]
In any case of alleged discrimination, as described in 24 CFR 982.304, the PHA will refer the
case to the regional HUD office. The City can also help the family file a claim over the internet.
1. Monitoring Locations of Housing.
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,
an intensified outreach to landlord \ agent and property managers outside the impacted areas
will be accomplished.
a. The PHA will maintain maps designating minority and low- income concentrations. A list of
landlord \ agent 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 landlord \ agents and applicants. A Section 8 brochure is available that explains
the program in detail to both landlord \ agents and tenants. Those landlord \ agents who have
signed a Request for Lease Approval, or Request for Tenancy when this form becomes
available, will have the program explained and any questions answered on a one to one basis.
2. Referral Assistance
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
landlord \ agents who have expressed an interest in the Section 8 program and that have units
available. This unit listing will be made available to applicants and participants. Families are
also encouraged to use newspapers, yard signs, real estate offices, friends and "word of
mouth" referrals in their search for housing. All persons seeking housing will also be referred to
other subsidized apartment complexes, the public Housing Authority, and to other landlord \
agents of available units that have been completed under the local Rental Rehabilitation
Program. The staff will also provide information on units, which are LITHC or other types of
assistance, which requires the complex to accept lower income families.
3. Information on the Rental Assistance Program
a). Outreach to Landlord \ agents
The Housing Administrator or Director of Housing wil� meet with real estate agents, apartment
managers, property landlord \ agents and rental property developers to encourage their
understanding and participation in the Section 8 program.
b). Outreach to Groups.
The Housing Administrator or Director of Housing 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.
c). Outreach to Social Services.
The Housing Administrator or Director of Housing 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.
All tenants are given a Housing Discrimination form during their briefing. The PHA will make
computer access to the HUD website available, where the family can fill out a Housing
Discrimination form online. Persons feeling they have been discriminated against may also
use the toll free 800 telephone number to report their complaint directly to HUD.
II-H. PHA POLICY ON PROVIDING INFORMATION ABOUT A FAMILY TO A LANDLORD \
AGENT
[Source: 24 CFR 982.307]
1. Releasing Family Information to Landlord \ agents
The PHA will furnish, if known, the current landlord and the previous landlord. The landlord \
agents will be informed about the guidelines on setting and collecting of security deposits.
Landlord \ agents will be strongly encouraged to collect the maximum amount of security
deposit to which they are entitled based on open market practices and their own security
deposit practices. The Landlord \ agent has the right, and the PHA will explain the obligation to
properly screen the applicant's past rental history and the right of the Landlord \ agent to
inquire. The Landlord \ agent cannot deny rental assistance to families based on race, familial
status, color, religion, sex, national origin, handicaps, or age. The landlord will be reminded that
they 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.
2. Landlord \ agent responsibility for screening their tenants.
a). Sole Discretion of the Landlord \ agent
The PHA provides the following information from 24 CFR 982.307 to the possible Landlord \
agent. The Landlord \ agent has the sole discretion on who can live in an assisted unit at
admission and during the entire period of the family's participation, as long as federal or local
requirements are met. Landlord \ agents are permitted and encouraged to screen families on
the basis of their tenancy histories. A Landlord \ agent may consider a family's background with
respect to such factors as:
(i) Payment of rent and utility bills;
(ii) Caring for a unit and premises;
(iii) Respecting the rights of others to the peaceful enjoyment of their housing; •
(iv) Drug-related criminal activity or other criminal activity that is a threat to the life,
safety or property of others; and
(v) Compliance with other essential conditions of tenancy.
The property Landlord \ agent may elect not to rent to a family, if he/she has reason to believe
that the family or a particular member of that family has bad references or a history of non-
payment of debts. If after acceptance of a family and entering into a lease, the family wishes to
add a new family member, the landlord can refuse to accept that person into the family. The
Landlord \ agent must then notify the family of the denial and allow at least 30 days for the
family to find suitable housing if they want that individual to be in the unit.
b). Family's Suitability For Tenancy
Listing a family on the PHA waiting list, or selecting a family for participation in the program, is
not a representation by the PHA to the Landlord \ agent about the family's expected behavior,
or the family's suitability for tenancy. The Request For Lease Approval or Request for Tenancy
has a statement that the PHA has not screened the family's behavior or suitability for tenancy
and that this screening is the responsibility of the Landlord \ agent.
c). Information Provided to the Landlord \ agent.
The PHA must give the Landlord \ agent: (1) The family's current address (as shown
in the PHA records); and (2) The name and address (if known to the PHA) of the family's
landlord at their current and/or prior address. When a family wants to lease a dwelling unit, the
PHA may offer the Landlord \ agent other information in the PHA possession, about the family,
including information about the tenancy history of family members. The PHA will normally
inform the Landlord \ agent only that they need to check with the previous landlords, especially
the Landlord \ agent immediately before the current landlord. The PHA must give the family a
statement of the PHA policy on providing information to Landlord \ agent. The PHA will give the
same types of information on families to landlords and agents.
II-J. PHA ACTIONS TO DISAPPROVE A LANDLORD \ AGENT [Source: 24 CFR 982.306]
The PHA will not enter into contracts with any Landlord \ agent that is listed as debarred,
suspended, or subject to denial of participation under 24 CFR part 24. The PHA will not
approve a unit if the federal government has instituted action against the Landlord \ agent.
The main reason for denial would be the historical refusal of the Landlord \ agent to maintain
the unit at HQS after entering into a lease. A Landlord \ agent may also be disapproved if
he/she has a history of failing to evict tenants for drug-related, violent criminal, or other
threatening activities. Disapproval is also permitted if the Landlord \ agent has engaged in
drug-related or violent criminal activity. The PHA will review 24 CFR 982.306 (c) for a more
extensive listing of disapproval items. The City of Wichita Falls Housing Division will not enter
into contracts for units owned by persons or firms that owe local real estate taxes or
assessments on ANY property in the taxing district regardless of whether the property is being
leased to a Section 8 tenant.
II-K. SUBSIDY STANDARDS
[Source: 24 CFR 982.404]
1. Family Unit size (Bedroom Size)
The term "Family Unit Size" has a very precise meaning for this program. The amount of
assistance provided to the family is based on "Family Unit Size" and the number of bedrooms
the family must have within the unit to meet HQS. Participants will be assigned the smallest
bedroom size appropriate to their family size and composition. The occupancy standards in
Paragraph 4-8 of HUD Handbook 7420.7 will be used as the standard, for the minimum and
maximum number of family members, except that a very small child (under 2 years old) may
share a one bedroom unit with a single parent. A room that could be used for sleeping can
make the unit acceptable for HQS but may not justify the rent asked for the unit.
2. Family Composition - Pregnant Singles
[Source: 24 CFR 982.201 ]
A single female who is pregnant is eligible to be classed as a multi-person family even though
at the present time there is only one person. If the pregnancy is not evident, medical
verification is required. If the applicant is still pregnant at the time her name comes to the top of
the waiting list, she will be housed as a two-person family. (If the pregnancy terminates without
the live birth of a child prior to selection from the waiting list, the female will then be treated as a
single person.) If the pregnancy terminates after selection from the waiting list, the female is
considered a"remaining member" of a tenant family.
II-L. FAMILY ABSENCE FROM UNIT
[Source: 24 CFR 982.312]
The rules governing family absences from the dwelling unit are covered in 24 CFR 982.312.
The unit is vacant when no family members listed on the lease are residing in the unit. The
family must inform the PHA and the Landlord \ agent, in writing, of any family circumstances
causing an absence as soon as possible but not later than 30 days of the vacancy. The
landlord can declare the unit abandoned if no notice is received within 30 days. Vacations,
outside the area, for a period of no more than 30 days are permitted, but only with written notice
to both the PHA and Landlord. These absences can also be for stays in a nursing home,
assisted living units, hospital, when the tenant is providing live in medical care at another
location, or for a single member family being incarcerated in prison or jail. The maximum
number of days that all family members may be absent from the unit is 90 consecutive calendar
days, as long as written notice was provided to landlord and PHA within the first 30 days the
unit is vacant.
II-M. ASSISTANCE IN FAMILY BREAK-UPS
[Source: 24 CFR 982.315]
HUD regulations at 24 CFR 982.315 require that the PHA shall determine which family member
will be the remaining family member who will continue to receive the rental assistance in the
case of family breakup. For families that break up as a result of domestic violence, the PHA will
provide assistance to the non-offending partner, and normally to the spouse who retains the
children. In cases of mutual separation, the assistance will stay with the family member that
retains custody of the children. If two family members (no children) split under mutual
agreement, the person remaining in the unit will continue to receive the assistance. If a court
has determined that one member of the family will receive the housing, the court ruling will bind
the PHA.
II-N. APPLICANT'S INFORMAL REVIEW PROCEDURES
[Source: 24 CFR 982.554]
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 that is handed out during application acceptance and is
again given during the voucher briefing.
II-O. PARTICIPANT'S INFORMAL HEARING PROCEDURES [Source: 24 CFR 982.555]
1. Participant's Right to Appeal
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. 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. The PHA will maintain records on any complaint or appeal.
2. Disagreements or Complaints
Both landlord \ agents 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.).
3. Levels of Appeals
If differences cannot be resolved on an informal basis with the Housing Counselors, a review or
hearing will be requested with the Housing Administrator. In the event a solution is not made
then, the Director of Housing will be consulted. If none of the above informal meetings produce
agreement, a formal review or hearing will be arranged with the City Manager's office. The final
stage of this grievance procedure is non-binding arbitration services of the Better Business
Bureau. Counsel may represent the appellant, if desired, at any or all the above steps.
II-P. HOUSING CHOICE VOUCHER PROGRAM SUBSIDIES
[Source: 24 CFR 982.402]
1. Payment Standard
The merger of the certificate and voucher programs into the Housing Choice Voucher program,
effective November 22, 1999, phased out all certificates by the tenant's second reexamination.
Until that time the following will hold true:
a). Current Payment Standard.
HUD requires that the Payment Standard not be less than 90% of the Fair Market Rent for the
area. If it is determined that an adjustment is needed, the PHA will adopt the new payment
standard to be effective on re-certification after an effective date set by the PHA. The new
payment standard will be applied to all new participants, families that move or enter into a new
lease, or to families with a current HAP contract at the next anniversary date of the contract.
The Payment Standard for the Housing Choice Vouchers is based on a range of 90% to 110%
of current FMR, the highest level the PHA can approve without HUD action.
2. Affordability Adjustment To Payment Standards
a). Timing of Adjustment.
The PHA will annually consider adopting an affordability adjustment to the Payment Standard.
Large changes in the FMR or open market rents, up or down, will cause the PHA to consider
adjustments to the Payment Standard. The PHA will begin analyzing local factors related to
the Voucher participants at the time of the notification of the proposed FMR by HUD. The PHA
will attempt to make any changes to the Payment Standard at the same time as the FMR is
revised.
b). Factors for Adjustment.
The factors to be used in the analysis will be:
(1.) Participant rent burden (the percent of the total tenant payment to the adjusted
household income of the Voucher participants),
(2.) Participant rent burden relative to the quality of the units selected by participant
families as measured by the rent reasonable comparison and the most current HQS
inspection,
(3.) Participant rent burden relative to availability of units by bedroom size and location,
(4.) Actual gross rents for specific bedroom sizes being paid on current tenants and
(5.) The change in the FMR published by HUD.
3). Restriction on Family's Share.
A family will not be permitted to lease a unit at initial lease-up that has a gross rent that is more
than 40% of their adjusted monthly income. If the family leases at the 40% level on initial
lease-up it can be expected the rent will be increased at renewal. Most families exceeding the
40% recommended level are leasing units larger then the voucher they were issued. This PHA
will highly recommend that the tenant consider finding a unit that will be at or below this 40%
rent level at reexaminations.
HUD develops their programs based on the fact that they consider 30% of monthly adjusted
income to be an unacceptable rent burden. To permit a family that is going to exceed the 40%
limit without encouragement to seek other housing opportunities is to allow the family to
undertake a rent burden that is unfair to that family. The Housing Choice Voucher program was
designed to prevent or eliminate this high rent burden.
II-Q. SPECIAL HOUSING TYPES
1. Administration of Special Housing
The City of Wichita Falls has no Moderate Rehabilitation units, Group Quarters other than
military barracks or any other type of shared housing units which are considered Special
Housing. The local area has a large number of available and unoccupied "Granny Flats",
"mother-in-law units", and garage apartments which reduce the local need for shared housing.
2. HOME Tenant Based Rental Assistance (TBRA
The PHA does not have any TBRA units under the HOME program. The City has not ruled out
the use of HOME funds for this type of assistance.
3. HOPWA (Housing Opportunities for Persons with Aids
The City of Wichita Falls operates a small-scale HOPWA program that is funded by the State of
Texas. Most of the procedures are the same as the Section 8 program. The participants of this
program are required to apply for Section 8 when they apply for the HOPWA program. The
City has decided to make this program and Section 8 as seamless as possible, and therefore
adopted the more stringent Section 8 requirements over the HOPWA Guidelines. Movement
from the HOPWA program on to the Housing Choice Voucher program opens a spot for
someone not now assisted by the HOPWA funding.
HOPWA participants must apply for Section 8 assistance. Once a HOPWA tenant is offered
Section 8 assistance, they must accept that assistance unless they currently reside outside the
city limits of Wichita Falls and they wish to remain in the Health Department's Service Area. In
the event of the death of the Head of Household, HOPWA assistance can be provided to the
remaining family member for a period of 90 days.
II-R. FAMILY OWED PAYMENTS TO THE PHA
[Source: 24 CFR 982. 552J
The PHA has the sole discretion of determining the monthly repayment amount, taking into
consideration the tenant's income and circumstances. The amounts and details of repayment
agreements are as follows: Under no circumstances shall the monthly payment be less than
$20.00 and the maximum length of time to repay amounts owed to the PHA is twenty-four
months. A family owing the PHA money will not be permitted to move to another unit until the
repayment agreement has been concluded.
The Repayment Agreement will be in DEFAULT on the 2nd day of the month in which a full
monthly repayment was not received by the Housing Agency. If the agreement is not brought
current by the last day of that month, the debt will be considered due and payable in full by the
15th day of the following month. The debt must be repaid in full, not just the monthly
repayment amount. On the 16th day of the month following the original payment due (45 days
past due), the Housing Agency will terminate the tenant's Section 8 assistance if the entire debt
has not been repaid. The tenant's assistance will terminate 30 days after that notice, to allow
the landlord to receive proper notification. If a tenant fails to make a timely payment, there is
nothing a tenant can do to stop the termination of assistance. The tenant will be encouraged to
repay the debt; however, repayment of the debt after the 45th day will not stop or delay
termination of assistance.
If the total amount owed to the PHA exceeds $3,000, the family can request that the
Repayment Agreement term be extended to a maximum of thirty-six months.
Persons leaving the program owing the PHA for damages, vacancy or unpaid rents, or a
repayment agreement for unreported or under reported income shall repay these amounts in
full prior to being eligible for readmission from the waiting list. Each application for assistance
will be screened for amounts owed to this PHA, or any other federally subsidized housing
program. The applicant will be informed of the amount owed and to whom. This lead-time
should help families clear their debts before reaching the top of the waiting list. If a family has
not repaid those debts and provided proof of repayment by the time the applicant is asked to
attend a briefing, they will be given a grace period of no more than 15 days in which to clear the
debt(s). The applicant will be rescheduled for a subsequent briefing once the debt has been
repaid. However, if the applicant cannot or does not repay the debts during the grace period,
the Section 8 application will be denied, and the family will have to reapply for assistance.
1. Repayment Requirements
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 Landlord \ agent for damages, vacancies or
unpaid rents. Funds recovered for damages, vacancy and unpaid rent will be returned to the
housing assistance account and used to reduce the funds requested from HUD. Repayments
for unreported or underreported income are tracked. The PHA may retain 50% of these
collections for their own administrative use.
2. Repayment Offer from PHA
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 enter a repayment agreement and
to repay any amounts paid to the Landlord \ agent by the PHA on their behalf during the current
certification period. The monthly repayment amount may be reduced to the minimum amount,
and/or the length of time may be extended by the PHA, up to twenty-four months, in cases
where tenant income has decreased. If the total amount owed to the PHA exceeds $3,000, the
family can request that the Repayment Agreement term be extended to a maximum of thirty-six
months. 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 moneys in full prior to being eligible for re-
admission.
3. Repayment Agreements
[Source: 24 CFR 982].
Participants will be informed that only one repayment agreement will be allowed during program
participation. Program participants (as October 5, 2004) who have not previously entered into a
repayment agreement, or who have been in and completed a prior repayment agreement that
incur a second set of claims will have their assistance terminated within thirty (30) days. If
termination does occur, tenant must reapply to the Waiting List. All funds must be repaid to the
PHA prior to receiving future assistance. The federal regulations do not permit portability of
families owing money to the PHA.
A Hardship Repayment Agreement may be granted, as needed, providing no prior Hardship
Repayment is in existence. If a second set of claims are incurred, they are exempt from the
one time program participation policy.
PART III. PHA POLICIES ON MATTERS NOT REQUIRED BY HUD
III-A. Outreach Procedures
Generally, the outreach procedures described in item II E, 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 of outreach programming in
neighborhood action groups will be utilized. The City has joined the North Texas Rental
Property Owners Association and this should assist in a better relationship and more
understanding of the Section 8 program with owners.
III-B. Portability and Family Moves
[Source: 24 CFR 982.353-355]
1. Famity Moves within the PHA Service Area
If a family wishes to move to a new unit within the program area, they will be offered a 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 Landlord \
agent in writing and verify that all rent and utility bills are current and paid to date. It is the
family's responsibility to have the landlord sign and return the Intent to Move form to the PHA.
2. Family Moves Outside the PHA Service Area
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 the assistance in its own program and encourage the absorption of the rental
assistance by the receiving PHA's program.
The local agency is restricting moves of port-outs to other housing authorities that are not
absorbing or where the subsidized units are at a higher cost than this PHA. The local agency
will contact the receiving PHA to review occupancy standards for each voucher size to
determine that the subsidized unit will not exceed the current payment standards of this agency.
Families may transfer to other PHAs, including those outside the State of Texas, under the
following conditions:
(a) The tenant must notify the PHA of their desire to relocate, where they plan to relocate,
and be current with all rents to the landlord.
(b) The PHA cannot assist in the relocation if the tenant does not inform this office of the
name of the PHA that will service their assistance.
(c) The staff will provide information on the PHAs that are available in the new area, but it is
the tenant's responsibility to make sure that the exact PHA selected contacts the City of
Wichita Falls to arrange the portability transfer.
(d) 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, until or unless the
receiving PHA absorbs the family.
III-B. HQS AND INSPECTIONS
1). Utilities and Inspections
To verify operating conditions of stove, refrigerator, water heater, heating and cooling
equipment the utilities must be turned on for the unit to meet HQS. Utilities must remain on for
the landlord \ agent to receive a HAP check and for the tenant, if eligible, to receive a utility
reimbursement check. When a utility is to be paid by the tenant, there must be a separate
meter for that utility that serves only the tenant's unit. If the tenant is not responsible for paying
a utility or the service is not separately metered, the landlord \ agent will be responsible for the
full payment of that utility unless conditions are clearly stated in the lease. The PHA may abate
and terminate assistance if the utilities are not kept connected, as the unit will no longer meet
HQS if any utility is not connected. Landlord \ agents are responsible at all times for the unit
meeting HQS and should check to be sure that families in their units have utilities turned on at
all times. Participants can be terminated from the program and lose their assistance [24 CFR
982.204] for not keeping their utilities on. This is a failure to meet their Family Obligations.
Landlord \ agents can be disqualified from further Section 8 participation for failure to keep
utilities that are their responsibility connected or for charging the tenant for those utitities.
Charging for any amount of the utilities is considered a side payment and a violation of the HAP
contract.
3. Waiver of HQS for Un-vented Heaters
a). Use of un-vented Heaters
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. Tenants will be
cautioned on the extreme safety hazards these un-vented heaters can create in closed spaces,
specifically bedrooms.
b). Encouragement to Use Vented Heaters
Tenants will be encouraged to rent units with vented heating systems. Landlord \ agents will be
shown a cost-benefit analysis for installing a vented system and strongly encouraged to make
the change over 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 the
enhanced safety of the tenant are all strong reasons to encourage the change.
4. Acceptability of the Unit
The PHA is the one and only authority to certify that the unit has or has not passed HQS. If
only one item fails to meet HQS, the unit fails until all item pass the HQS.
a). No Assistance to be Paid
No assistance will be paid until: (1) the dwelling unit has passed HQS inspection, (2) the tenant
and landlord have signed an approved lease form, and (3) the PHA and landlord have signed
the Housing Assistance Contract.
b). Tenant Choice.
Tenants will be reminded that choice of a unit is theirs and they need to select a unit that they
will be satisfied with for the next year. 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". This
booklet lists the minimum Housing Quality Standards and the items and conditions that a tenant
may find desirable. The tenant family is encouraged to take the time to look at the unit and the
neighborhood before entering into a lease with the Landlord \ agent.
c). Sight Unseen Units
A unit that the participant selects sight unseen may be inspected by the PHA and found to meet
HQS but later the tenant decides, on closer examination, that it is not acceptable to them. 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". The Tenant should
be reminded not to submit a RFTA on a sight-unseen unit.
d). Subsidy Level
A unit may meet all HQS, be within the Payment Standards, but not justify the amount of rent
(rent reasonable) requested by the Landlord \ agent. During the Landlord \ agent briefing the
PHA explains that the HQS serves as the floor for acceptability of the unit and the Payment
Standard should be the top price for the unit. Most units fall somewhere between these two
points. The Landlord \ agent can decide to either improve the unit to make the rent reasonable,
accept lower rent as offered by the PHA, or decide not to rent the unit under the Housing
Choice Voucher program. Items such as marginal paint quality, soiled or worn floor covering
may pass with comment but will hold down the reasonable rent. On an initial lease-up the unit
can be rent reasonable but over the participants 40% of AMI allowable amount. In this case the
units cannot be rented with assistance.
e). Marginal Units
Any Landlord \ agent wishing to improve a unit to facilitate a rent increase will be encouraged to
renovate the rental units on their own.
fl. Yard Maintenance
If the tenant is responsible for yard maintenance, the Landlord \ agent will turn over the property
at move-in with the yard free of excess trash, tall grass or weeds.
5. Failure of Unit to Maintain HQS
[Source: 24 CFR 982.404 and 982.551 ]
a). Landlord \ agent Failure to Maintain
Failure by the Landlord \ agent (landlord) to maintain the unit to HQS can result in abatement,
termination, suspension, or reduction of Housing Assistance Payments. If a life or health
threatening or safety item is discovered, the landlord will be given 24 hours to correct the
defect. If the defect is not corrected within the 24 hours the rent will be abated until corrected.
The 24-hour period starts from the point of notification. Notification may be in person to the
landlord at the site, by phone to the landlord or in writing to the landlord if the landlord is not
available. It is assumed that any written notice is delivered two postal service work days after
the mailing of a letter. Mail notification will be by certified mail only. The landlord is not
responsible for HQS breaches caused by the family. However, the PHA is required to terminate
assistance for a breach caused by the family.
b). Tenant Failure to Maintain
Failure by the tenant family to maintain the unit to HQS can cause termination of assistance
and removal from the program. The family can be given time to correct defects. The current
time frames approved by the PHA are no more than 24 hours for life or health threatening
defects and 30 days for other defects. See above for the timing of the 24-hour period. Failure to
keep all tenant supplied utilities on at all times is an HQS violation of family obligations and
requires the family to meet the above time frames to correct the deficiencies.
III-C. Internal Schedules
The following internal system will be used to conduct initial and annual inspections and re-
inspections:
1. Initial Inspection
The Housing Inspector will schedule and perform initial inspections based upon the date of
receipt of the Request for Tenancy. The tenant will be furnished a copy of the HUD booklet "A
Good Place To Live", during the certification briefing, 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 all HQS
(and is within their income guidelines), the sooner they can start receiving their rental
assistance. The inspector will make every effort to contact the Landlord \ agent within 24 hours
of receipt of the RFTA to establish an inspection date within 72 hours or as soon as the
Landlord \ agent can determine they will be ready for inspection. Current HUD regulations
require that inspections be completed within 15 calendar days of the receipt of the RFTA.
Landlords should not submit a RFTA for any unit that will not be ready for inspection within
those 15 days. If the owner fails to have the unit ready for inspection within 15 calendar days,
or the unit fails inspection, the Landlord/agent will be given a chance to bring the unit up to
HQS. However, if the unit does not pass inspection or re-inspection within 30 days, the family
will be encouraged to select another unit. The inspection form to be used shall be based on
HUD Form-52580.
2. Actions if Unit Fails Initial Inspection
If the unit fails inspection, the family (if they live in the unit) and Landlord \ agent will be notified
in writing with a summary of items which resulted in a failed rating. If any item fails the entire
unit fails. The landlord will be given a suggested completion date to encourage faster repairs.
The Director of Housing will resolve differences in perception of acceptability between landlord \
agents and inspectors in regard to the adequacy of the unit. Technical assistance from the
Building Inspection Division and the Building Official will be requested by staff if certain items
reflect the need to be brought up to Code.
3. Schedule Re-inspection
A re-inspection will be conducted when the Landlord \ agent notifies the PHA that all failed
items have been corrected and the unit is ready. If the inspector detects additional HQS
violations during the re-inspection, these items must also be corrected before the units can be
passed.
4. Annual Inspection
a). Required Annual Inspection
Each unit shall be inspected and / 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 Landlord \ agent and tenant at least 60 days in
advance of the contract anniversary of the date and time for the inspection. This time frame
should provide landlord \ agents with approximately 45 days after the inspection in which to
correct any items that might have failed, thereby preventing abating the rent until approved.
b). Allowing Inspections
[Source: 24 CFR 982.551 (d)]
The family must allow the PHA to inspect the unit at reasonable times and after a reasonable
notice. Failure to allow inspection, including missing inspection appointments can result in the
rent being abated or the HAP terminated and the family's assistance being terminated for
breach of family obligations.
III D. Tenancy Approval
Formerly Lease Approval
1. Acceptable Lease Formats
The lease is a legally binding document between the landlord and the Section 8 participant. The
Landlord must use the same standard lease form they use with their unassisted tenants. The
lease is acceptable when it includes the HUD Tenancy Addendum and the required Lead-
Based hazard disclosure information required in 24 CFR 35.92(b). The PHA no longer approves
a lease, however, the lease must be acceptable. A number of office supply stores have leases
that can serve this purpose.
2. Security Deposits
The applicants will be informed, when the PHA receives the Request For Tenancy form, that
they should start arranging funds for any needed utility company deposits or for the Landlord \
agent's security deposit for the unit. The RFLA provides information to the PHA about the
allocation of responsibility for utilities, appliances and services provided and other conditions of
the lease. Applicants and landlord \ agents will be cautioned that the PHA is not responsible for
any rental assistance payments until all the following are completed: 1.) the unit has passed
HQS inspection 2.) the applicant and landlord have signed an acceptable lease form, and 3.)
the PHA and Landlord \ agent have entered into the Housing Assistance Payment Contract.
3. Security Deposit Maximum
a). Leases Entered Into After October 2, 1995
The Landlord \ agent has the sole right to set the maximum-security deposit that can be asked
of the tenant in the voucher program. The amount requested cannot be higher than the amount
requested by the Landlord \ agent for unassisted (open market) units. Usually, the local open
market security deposits do not exceed one month's contract rent. Both Landlord \ agent and
applicant will be informed that the PHA does not pay the landlord \ agents for any vacancy,
damage or unpaid rents for any leases entered into after October 2, 1995.
b). State Requirement To Return Security Deposit
Both Landlord \ agent 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. This
requirement helps to establish the time frames for any special claims to be filed and serves to
provide an accounting to the tenant of the deposit .
c). State Lock Change Requirement at Move-Out.
Landlord \ agents are reminded that Texas law requires lock changes be made within seven
days of move-out and this is a limiting factor for any unpaid rent or vacancy claims.
d). PHA Not Responsible for Rent Prior to Execution of Contract
Landlord \ agents 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 Landlord \ agent. Landlord \
agents will be reminded not to allow families to move in prior to lease signing. If a tenant does
move in prior to the PHA and landlord entering into a Housing Assistance Contract, the tenant
is responsible for all the rent up to signing date on the HAP Contract.
4. Review of Rental Requirements
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
will lose their housing assistance and be terminated from the program. Landlord \ agents will
be briefed on their requirements to keep the unit within HQS during the entire lease period.
5. Penalties for Late Payment from PHA
The HAP contract provides for late HAP penalties in accordance with generally accepted
practice for late rent charges. The PHA agrees to pay a$5.00 late charge per contract if the
HAP payments are postmarked after the fifth day of a month. The tenant may not be charged a
late fee if their share was paid on time and the PHA was late. The late charges must be paid
from the PHA's administrative fee account.
III-E. Contract Completion
The Housing Counselor(s) will arrange an appointment date and time for the execution of the
assistance contract. Prior to execution, the contract will be explained in detail and any items of
misunderstanding corrected.
III-F. Payments to Landlord \ agents\Tenants
1. Internal Billing Procedure
The PHA will complete one billing a month. The monthly billing will be completed in a manner
that the checks can be produced, checked for accuracy and mailed by the first day of the
month. The PHA must receive any changes affecting the monthly billing no later than the 20th
of the month prior to the month in which the change will occur. Changes received after the 20th
will be processed the following month. All annual recertifications must be completed and the
unit passed inspection prior to the 20th of the month the contract expires to avoid disruption in
payments.
a). Payment Register
The Housing Division will maintain a detailed listing of payments by landlord, tenant, address,
utility payments and a listing of any vendor changes, which occurred during the month.
b). Special Claims Payments
Payments for these types of claims made on leases entered into prior to October 2, 1995 will be
made during the regular check writing cycle. Damage, Unpaid Rent, and Vacancy claims that
have been paid will require forms to be maintained in the tenant files for future reference and
possible repayment.
III-G. Financial Records
The Housing Division will process checks. The division will post data to cards and/or computer
files prior to mailing checks to recipients. 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. The Finance Department will provide financial
oversight and management in accordance with HUD guidelines. The Housing Division will
maintain Landlord \ agent rental payments and prepare IRS Form 1099 for income tax
purposes. The PHA will maintain such manual or computerized ledgers as may be necessary
for the day-to-day operation of the program. The PHA shall maintain a Check register, which
will indicate all payments made to tenants and landlord \ agents.
III-H. Information and Assistance for Participating Families.
1. Community Services/Agencies Referrals
a). Referrals by the Housing Division Staff
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.
b). Assistance to Tenants and Landlord \ agents from the Staff
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 coordinate 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.
2. Complaints by Tenants
The Housing Counselor(s) will document reports, made by tenant families, that the Landlord
\agent is not complying with the lease provisions or is not maintaining the unit in compliance
with the Housing Quality Standards. The Housing Counselor(s) will investigate the
circumstances of the complaint within 3 working days Tenants will be reminded that all
requests for repairs must be in writing, with one to the landlord and a copy to the PHA.
III-I. Termination and Family Moves
1. Family Responsibilities
[Source: 24 CFR 982. 551 ]
a). Information at Briefing and Recertification
Briefing sessions will emphasize that along with family rights, there are also family
responsibilities. Household heads will be reminded that all transactions and requests must be
in writing. Families will be reminded that if their actions cause the PHA to pay any claims under
the contract on their behalf to the Landlord \ agent, they will be required to reimburse the PHA.
Any payment made on the tenant's behalf where the tenant has left without written notice, will
be treated the same as a vacancy claim by the PHA. This will require that the tenant reimburse
the program for the funds spent for the rental of an unoccupied unit.
b). Termination for Family Action or Inaction
Failure of the family to attend scheduled meetings, briefings or appointments, failure to respond
to written request for program eligibility or income information, failure to allow the unit to be
inspected, and failure to make repayment agreements on schedule will provide the basis for
termination from the program.
2. Move outs
[Source: 24 CFR 982.353�
Most lease forms that can be approved, provide for a written notice to the Landlord \ agent prior
to move out. The usual time frame for notification is 30 days although the regulations state that
not more than sixty (60) days be required. Under the provisions of 24 CFR 982.309(fl, the
family is also obligated to notify the Landlord \ agent and PHA, in writing, before the family
moves. Families that move without proper prior written notice to the Landlord \ agent and the
PHA will be denied future participation. The PHA may decide to review this denial after a period
of three (3) years of the breach of their Family Obligations.
The Tenant is required to provide the PHA notice of any absence from the unit. (Also see the
section II-K Family Absence From The Unit of this plan.) The PHA must not make an
assistance payment for any unit that has been vacated. Letters, visits, phone calls, information
from the neighbors and the Landlord \ agent can provide information on the status of the unit.
Utility disconnects, hookups or transfers are some of the 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. Eviction
[Source: 24 CFR 982.310]
Landlord \ agents are required to follow eviction procedures consistent with their contract, state
and local laws. The Landlord \ agent must provide the tenant with a written termination notice
that identifies the grounds for termination during the term of the lease.
Tenancy does not terminate before issuance of the notice and the notice must be provided at or
before the eviction action. If the Landlord \ agent evicts, within State law, for unpaid rent,
damages, or HQS violations, the PHA can refuse additional rental assistance to the tenant
family.
4. Family Fraud or Other Program Violations
[Source: 24 CFR 982.551 ]
If the family has committed fraud by commission or omission 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, unreported or underreported income, or other abuse.
5. Landlord \ agent Responsibilities
[Source: 24 CFR subpart J].
If the Landlord \ agent has committed fraud or misrepresentation in connection with federal
housing programs, the PHA will terminate the HAP contract. The PHA will review the
circumstances causing termination and possible family involvement to determine if the family is
eligible for re-certification and relocate to another unit with continuation of assistance. The PHA
may refer the Landlord \ agent to the U. S. Justice Department for debarment from future
participation in the program. The PHA will make every effort to recover any overpayments
made as a result of landlord fraud or abuse. 24 CFR 982.453 has added "violent criminal
activity" to the list of actions considered a breach of contract.
6. Termination of Tenants for Threats of Violence
Under 24 CFR 982.552 (c) (IX), the PHA may deny or terminate assistance if the family has
engaged in, or threatened abuse or violent behavior toward PHA personnel. Tenant violation of
lease provisions on threats or disturbances of neighbors is covered in the lease and can also
cause the Landlord \ agent to evict the family and cause termination of future assistance.
7. Failure to Meet or Maintain Unit HQS
[Source: 24 CFR 982.404]
The Landlord \ agent is required to maintain the unit up to HQS. Any defects must be corrected
in a reasonable time. 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, they will be required to correct the
defects or have their assistance terminated. Failing to keep utilities on, or to provide and
maintain the tenant supplied appliances is a violation of HQS and as these are safety hazards,
the family shall have 24 hours to correct utility shutoffs and appliances defects. All other HQS
violations must be corrected within 30 days. In these cases it is the responsibility of the tenant
to request an inspection to verify the corrections. If the tenant fails to bring the unit into
compliance, the PHA will cancel the HAP contract and terminate the family's assistance. Every
effort, including the use of church and social service agencies' assistance to the family, will be
used to correct the violations and prevent the loss of assistance.
The tenant is responsible for their family members, friends and guests that may cause damage
to a unit. Damages caused by break-ins and burglaries are considered the responsibility of the
tenant, as they are in open market rentals.
8. Grounds for Termination of Assistance — Criminal Activity
If the family violates any family obligation under the program, including the drug-free housing
lease addendum, this PHA may terminate the family's assistance. 24 CFR 982.551 and
982.553 institutes the one-strike policy of HUD. Any family member or guest that is indicted for
drugs or violent felonious criminal activities will be terminated with a thirty-day notice to
landlord. Any member of the family terminated from federally assisted housing for drugs or
violent felonious criminal activity shall be denied admission to the Section 8 Program for three
(3) years. The PHA chooses to use indictment as the level of "preponderance of evidence" for
termination under the HUD Drug-Free Housing Policy. The three year waiting period will not be
applicable, if a person was terminated from the program for drug or criminal activities and the
indictment is later dropped or the person is not convicted of the crime. The PHA will allow the
household to reapply for Section 8 rental assistance without the three year waiting period. If
convicted, the three year wait to reapply will begin with the date of conviction not indictment.
Persons convicted of manufacturing or producing meth-amphetamine on the premises of an
assisted housing project as defined by HUD are permanently denied Section 8 admission.
Also, persons subject to a lifetime registration under a state sex offender program are
permanently denied.
9. Cancellation of the HAP Contract.
[Source: 24 CFR 982.452]
The PHA will not approve a new lease/contract on a unit for a period of one year, if it is
necessary to cancel a HAP contract due to the Landlord \ agent's failure to respond to
notification that the unit no longer meets minimum HQS. The current tenant may be moved to
continue receiving assistance, and until the PHA receives assurances that the Landlord \ agent
will fulfill the program requirements in the future, the PHA may withhold the approval of any new
Section 8 tenants. The PHA may also require the landlord to get a Certificate of Occupancy,
from Building Inspections, to insure that the unit(s) have been brought up to code.
10. Failure to sign consent forms or provide information
The PHA must deny admission or assistance if a tenant fails to sign consent forms or any other
HUD required document. Failure to provide information within 60 days is grounds for
termination including information regarding custody of children, IRS matching information,
school attendance, etc.
11. PHA Review
The PHA will review each case that results in eviction, termination of program participation, or
failure to give proper notice. 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 grounds
for that determination and the process to make an appeal.
III-J. Moving and Portability.
[Source: 24 CFR 982.354-355]
Housing voucher holders and participants will be informed of the portability option during the
initial briefing and at reexamination sessions.
An applicant who resided in Wichita Falls when they applied and now holds an active rental
voucher is eligible for statutory portability. An applicant who did not reside in �chita Falls
when they applied must reside in Wichita Falls for a period of one year prior to being permitted
to move under portability rules.
A PHA with a housing voucher program into whose jurisdiction the family moves with
assistance under the portability statute (receiving PHA) must assume the responsibilities of the
issuing PHA toward the family. The receiving PHA may either bill the issuing PHA for the
housing assistance payment on behalf of the family or may provide assistance to the family
utilizing funding under the ACC for its own housing voucher program.
The issuing PHA must fulfill all responsibilities under the housing voucher programs, if the PHA
where the dwelling unit is located has no housing voucher program. The initial PHA must
provide assistance to the family at the new dwelling unit. In such cases, the issuing PHA may
administer the assistance directly or may subcontract with another PHA in the immediate
vicinity, or otherwise subcontract administration of the PHA responsibilities. For this purpose,
Federal law overrides State law limitations on PHA jurisdiction and permits the issuing PHA to
administer outside its normal State-law jurisdiction or even out of State.
III-K. Contract Dates and Special Claims Payments
Housing Choice Voucher Contacts entered into after the merger date have neither vacancy,
unpaid rent, nor damage claims provisions. Only contracts entered into before October 2, 1995
have any contract provisions for special claims. Landlords with contracts entered into before
that date may request a special claim for tenant related damages when the contract is
converted to a Housing Choice Contract on or before October 1, 2001. This is the only time a
special claim can be made while the tenant family still remains in the unit. After October 1,
2001 no special claims can be filed or paid.
III-L. Monitoring Program Performance
1. Management Policies
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.
The PHA is required to complete a SEMAP form and submit it to HUD annually. This form
provides the background format for the PHA to grade itself on the overall performance of the
agency.
2. Monitoring the Program
The PHA will maintain and monitor applicant and participant composition to ensure Fair
Housing objectives and federal reporting requirements.
3. Administrative Plan Revision
The program Administrative Plan must be approved and adopted by the City Council and also
sent to HUD as a part of the PHA's Plan . The plan will be revised on an as required basis.
This plan will be revised as the PHA receives additional units or when HUD publishes
programmatic changes.
III- N. Authorization of a Project Based Assistance
[Source: 24 CFR 983]
Project Based Assistance Voucher Action Plan (PBA), operational guidelines are hereby
included as part of this plan as if reproduced in their entirety. See the attached PBA Action
Plan.
PART IV. BUDGETING AND STAFFING NEEDS
All costs other than housing assistance payments incurred in the operation and administration
of this program will be charged to the ongoing administration fees earned under the Section 8
Rental Assistance Program. Administration fees are based on the current HUD formulas and
are tracked annually to ensure adequate funding levels. The current staffing is shown in the
first table of this plan. No persons reflected in the Section 8 budget wilt serve in a variety of
positions that will result in exceeding more than 100% of their allocated time.
A copy of the currently approved HUD budget (forms HUD 52673, HUD 52672 and HUD 52663)
are available for viewing at the PHA office during normal business hours. The most current
Year End Statements (form HUD 52681) and audit results from an independent auditor are also
available for review in the PHA o�ce.