Affordable Housing Solutions Serving Our Community
350 Kimbark Street
Longmont, CO 80501
Phone: 303-651-8581
Fax: 888-502-1536
LHAInfo@longmontcolorado.gov
Dial 711 (Voice/TTY)
M-F 8:00 AM - 5:00 PM
PUBLIC NOTICE
December 18, 2019
In accordance with U.S. Department of Housing and Urban Development (HUD) guidelines, the Longmont Housing Authority (LHA) is inviting all interested parties to review and offer public comment on proposed revisions to the agency’s Section 8 Administrative Plan for the Housing Choice Voucher Program.
The plan will be available for review from December 18, 2019, to February 3, 2020, at the main offices of the LHA, 1228 Main Street, Longmont, CO, 80504. It may also be accessed on the LHA’s website www.longmontha.org under Announcements/Public Notice.
Written comments must be addressed to the “Housing Choice Voucher Program Administrative Plan” at the address above and must be received by close of business on January 17, 2020. Comments may also be sent to info@longmontha.com.
A public hearing will be held on Monday, February 3, 2019, at 10:00 a.m., and at 5:00 p.m., at 1228 Main Street, Longmont, CO, 80504.
Persons with disabilities requiring assistance, alternative formats, or those wishing to submit comments in alternative formats can contact the Longmont Housing Authority at (303) 651-8581. Notification at least 48 hours prior to the meeting will enable the Housing Authority to make reasonable arrangements.
Longmont Housing Authority
Administrative Plan
OVERVIEW OF THE PROGRAM AND PLAN
PART I: The PHA
1-I.A Overview
1-I.B Organization and Structure of the PHA
1-I.C PHA Mission
1-I.D The PHA's Program
1-I.E The PHA's Commitment to Ethics and Service
PART II: The Housing Choice Voucher (HCV) Program
1-II.A Overview and History of the Program
1-II.B HCV Program Basics
1-II.C HCV Partnerships
The HCV Relationship
What Does HUD Do?
What Does the PHA Do?
What Does the Owner Do?
What Does the Family Do?
1-II.D Applicable Regulations
PART III: The HCV Administrative Plan
1-III.A Overview and Purpose of the Plan
1-III.B Contents of the Plan (24 CFR 982.54)
Mandatory vs. Discretionary Policy
1-III.C Organization of the Plan
1-III.D Updating and Revising the Plan
FAIR HOUSING AND EQUAL OPPORTUNITY
PART I: Nondiscrimination
2-I.A Overview
2-I.B Nondiscrimination
Providing Information to Families and Owners
Discrimination Complaints
PART II: Policies Related to Persons With Disabilities
2-II.A Overview
2-II.B Definition of Reasonable Accommodation
Types of Reasonable Accommodations
2-II.C Request for an Accommodation
2-II.D Verification of Disability
2-II.E Approval/Denial of a Requested Accommodation [Joint Statement of the Department of HUD and Justice:
Reasonable Accommodation Under the Fair Housing Act, Notice PIH 2010-26]
2-II.F Program Accessibility for Persons with Hearing or Vision Impairments
2-II.G Physical Accessibility
2-II.H Denial or Termination of Assistance
PART III: Improving Access to Services for Persons With Limited English Proficiency (LEP)
3-III.A Overview
3-III.B Oral Interpretation
3-III.C Written Translation
3-III.D Implementation Plan
Exhibit 2-1: Definition of a Person With a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3 and 100.201]
ELIGIBILITY
PART I: Nondiscrimination
3-I.A Overview
3-I.B Family and Household [24 CFR 982.210(c); FR Notice 02/03/12; Notice PIH 2014-20]
Family
Household
3-I.C Family Breakup and Remaining Family Member of Tenant Family
Family Breakup [24 CFR 982.315; Notice PIH 2017-08]
Remaining Member of a Tenant Family [24 CFR 5.403]
3-I.D Head of Household [24 CFR 5.504(b)]
3-I.E Spouse, Co-Head, and Other Adult
3-I.F Dependent [24 CFR 5.603]
Joint Custody of Dependents
3-I.G Full-Time Student [CFR 5.603, HVC GB, p. 5-29]
3-I.H Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12]
Elderly Persons
Near-Elderly Persons
Elderly Family
3-I.I Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12]
Persons with Disabilities
Disabled Family
3-I.J Guests [24 CFR 5.100]
3-I.K Foster Children and Foster Adults
3-I.L Absent Family Members
Definitions of Temporarily and Permanently Absent
Absent Students
Absences Due to Placement in Foster Care [24 CFR 5.403]
Absent Head, Spouse, or Co-Head
Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22]
Return of Permanently Absent Family Members
3-I.M Live-In Aide
PART II: Basic Eligibility Criteria
3-II.A Income Eligibility and Targeting
Income Limits
Definitions of the Income Limits [24 CFR 5.603(b)]
Using Income Limits for Eligibility [24 CFR 982.201]
Using Income Limits for Targeting [24 CFR 982.201]
3-II.B Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E]
Declaration
Mixed Families
Ineligible Families [24 CFR 5.514(d), (e), and (f)]
Timeframe for Determination of Citizenship Status
3-II.C Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2018-24]
3-II.D Family Consent to Release of Information [24 CFR 5.230; HCV GB, p. 5-13]
3-II.E Students Enrolled in Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16]
Definitions
Determining Student Eligibility
PART III: Denial of Assistance
3-III.A Overview
Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35]
Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)]
3-III.B Mandatory Denial of Assistance [24 CFR 682.553(a)]
3-III.C Other Permitted Reasons for Denial of Assistance
Criminal Activity [24 CFR 982.553]
Previous Behavior in Assisted Housing [24 CFR 982.553]
3-III.D Screening
Screening for Eligibility
Screening for Suitability as a Tenant [24 CFR 982.307]
3-III.E Criteria for Deciding to Deny
Evidence [24 CFR 982.553(c)]
Consideration of Circumstances [24 CFR 982.552(c)(2)]
Removal of a Family's Name from the Application
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
3-III.F Notice of Eligibility or Denial
3-III.G Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and
Stalking
Notification
Documentation
Exhibit 3-1: Detailed Definitions Related to Disabilities
Persons with Disabilities [24 CFR 5.403]
Individual with Handicaps [24 CFR 8.3]
Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C. 1001 and 1002]
Eligibility of Students for Assisted Housing Under Section 9 of the U.S. Housing Act of 1937; Supplementary
Guidance; Notice [Federal Register, April 10, 2006]
APPLICATIONS, WAITING LIST, AND TENANT SELECTION
PART I: The Application Process
4-I.A Overview
4-I.B Applying for Assistance [HCV GB, pp. 4-11 - 4-16, Notice PIH 2009-36]
4-I.C Accessibility of the Application Process
Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 - 4-13]
Limited English Proficiency
4-I.D Placement on the Waiting List
Ineligibility for Placement on the Waiting List
Eligible for Placement on the Waiting List
PART II: Managing the Waiting List
4-II.A Overview
4-II.B Organization of the Waiting List
4-II.C Opening and Closing the Waiting List
Closing the Waiting List
Reopening the Waiting List
4-II.D Family Outreach [HCV GB, pp. 4-12 to 4-4]
4-II.E Reporting Changes in Family Circumstances
4-II.F Updating the Waiting List [24 CFR 982.204]
Purging the Waiting List
Removal From the Waiting List
PART III: Selection for HCV Assistance
4-III.A Overview
4-III.B Selection and HCV Funding Sources
Special Admissions [24 CFR 982.203]
Targeted Funding [24 CFR 982.204(e)]
Regular HCV Funding
4-III.C Selection Method
Local Preferences [24 CFR 982.207; HCV 9. 4-46]
Income Targeting Requirement [24 CFR 982.201(b)(2)]
Order Selection
4-III.D Notification of Selection
4-III.E The Application Interview
4-III.F Completing the Application Process
BRIEFING AND VOUCHER ISSUANCE
PART I: Briefings and Family Obligations
5-I.A Overview
5-I.B Briefing ]24 CFR 982.301]
Notification and Attendance
Oral Briefing [24 CFR 982.301(a)]
Briefing Packet [24 CFR 982.301(b)]
Additional Items to be Included in the Briefing Packet
5-I.C Accessibility of the Application Process
Time Frames for Reporting Changes Required by Family Obligations
Family Obligations [24 CFR 982.551]
Eligible for Placement on the Waiting List
PART II: Subsidy Standards and Voucher Issuance
5-II.A Overview
5-II.B Determining Family Unit (Voucher) Size [24 CFR 982.402]
5-II.C Exceptions to Subsidy Standards
5-II.D Voucher Issuance [24 CFR 982.302]
5-II.E Voucher Term and Extensions
Voucher Term [24 CFR 982.303]
Extension of Voucher Term [24 CFR 982.303(b)]
Suspension of Voucher Term [24 CFR 982.303(c)]
Expiration of Voucher Term
BRIEFING AND VOUCHER ISSUANCE
PART I: Briefings and Family Obligations
6-I.A Overview
6-I.B Household Composition and Income
Summary of Income Included and Excluded by Persons
Temporarily Absent Family Members
Family Members Permanently Confined for Medical Reasons
Joint Custody of Dependents
Caretakers for a Child
6-I.C Anticipating Annual Income
Basis of Annual Income Projection
Projecting Income
6-I.D Earned Income
Types of Earned Income Included in Annual Income
Types of Earned Income Not Counted in Annual Income
6-I.E Earned Income Disallowance for Persons with Disabilities [24 CFR 6.617; Streamlining Final Rule (SFR) Federal
Register 3/8/16]
Eligibility
Calculation of the Disallowance
Original Calculation Method
Revised Calculation Method
6-I.F Business Income [24 CFR 5.609(b)(2)]
Business Expenses
Business Expansion
Capital Indebtedness
Negative Business Income
Withdrawal of Cash or Assets from a Business
Co-owned Businesses
6-I.G Assets [24 CFR 5.609(b)(3); 24 CFR 5.603(b)]
Overview
General Policies
Types of Assets
6-I.H Periodic Payments
Periodic Payments Included in Annual Income
Lump-Sum Payments for the Delayed Start of a Periodic Payment
Treatment of Overpayment Deductions from Social Security Benefits
Periodic Payments Excluded in Annual Income
6-I.I Payments in Lieu of Earnings
6-I.J Welfare Assistance
Overview
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]
6-I.K Periodic and Determinable ALlowances [24 CFR 5.609(b)(7)]
Alimony and Child Support
Regular Contribution or Gifts
6-I.L Student Financial Assistance [24 CFR 5.609(b)(9); Notice PIH 2015-21]
Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); FR 4/10/06; Notice PIH 2015-21]
Student Financial Assistance Excluded in Annual Income [24 CFR 5.609(c)(6)]
6-I.M Additional Exclusions from Annual Income
PART II: Adjusted Income
6-II.A Introduction
Overview
Anticipating Expenses
6-II.B Dependent Deduction
6-II.C Elderly and Disabled Family Deduction
6-II.D Medical Expenses Deduction [24 CFR 5.611(a)(3)(i)]
Definition of Medical Expenses
Summary of Allowable Medical Expenses from IRS Publication 502
Families That Qualify for Both Medical and Disability Assistance Expenses
6-II.E Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)]
Earned Income Limit on the Disability Assistance Expense Deduction
Eligible Disability Expenses
Necessary and Reasonable Expenses
Families That Qualify for Both Medical and Disability Assistance Expenses
6-II.F Childcare Expense Deduction
Clarifying the Meaning of Child for This Deduction
Qualifying for the Deduction
Earned Income Limit on Childcare Expense Deduction
Eligible Childcare Expenses
PART III: Calculating Family Share and PHA Subsidy
6-III.A Overview of Rent and Subsidy Calculations
TIP Formula [24 CFR 5.628]
Family Share [24 CFR 982.305(a)(5)]
PHA Subsidy [24 CFR 982.505(b)]
Utility Reimbursement [24 CFR 982.514(b); 982.514(c)]
6-III.B Financial Hardships Affecting Minimum Rent [24 CFR 5.630]
Overview
HUD-Defined Financial Hardship
Implementation of Hardship Exemption
6-III.C Applying Payment Standards [24 CFR 982.505; 982.503(b)]
Overview
Changes in Payment Standards
Reasonable Accommodation
6-III.D Applying Utility Allowances [24 CFR 982.517]
Overview
Reasonable Accommodation
Utility Allowance Revision
6-III.E Prorated Assistance for Mixed Families [24 CFR 5.520]
Exhibit 6-1: Annual Income Inclusions
HHS Definition of "Assistance"
Exhibit 6-2: Annual Income Exclusions
Exhibit 6-3: Treatment of Family Assets
Exhibit 6-4: Earned Income Disallowance for Persons with Disabilities
Exhibit 6-5: The Effect of Welfare Benefit Reduction
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2018-18]
PART I: General Verification Requirements
7-I.A Family Consent to Release of Information [24 CFR 982.516 and 982.551, 24 CFR 5.230]
Consent to Release of Information [24 CFR 982.516 and 982.551, 24 CFR 5.230]
Penalties for Failing to Consent [24 CFR 5.232]
7-I.B Overview of Verification Requirements
HUD's Verification Hierarchy [Notice PIH 2018-18]
Requirements for Acceptable Documents
File Documentation
7-I.C Up-Front Income Verification (UIV)
Up-front Income Verification Using HUD's Enterprise Income Verification (EIV) System (Mandatory)
Up-front Income Verification Using Non-HUD Systems (Optional)
7-I.D Third-Party Written and Oral Verification
Written Third-Party Verification [Notice PIH 2018-18]
Written Third-Party Verification Form
Oral Third-Party Verification [Notice PIH 2018-18]
When Third-Party Verification is Not Required [Notice PIH 2018-18]
7-I.E Self-Certification
PART II: Verifying Family Information
7-II.A Verification of Legal Identity
7-II.B Social Security Numbers [24 CFR 5.216, Notice PIH 2018-24]
7-II.C Documentation of Age
7-II.D Family Relationships
Marriage
Separation or Divorce
Absence of Adult Member
Foster Children and Foster Adults
7-II.E Verification of Student Status
General Requirements
Restrictions of Assistance to Students Enrolled in Institutions of Higher Education
7-II.F Documentation of Disability
Family Members Receiving SSA Disability Benefits
Family Members Not Receiving SSA Disability Benefits
7-II.G Citizenship or Eligible Immigration Status (24 CFR 5.508]
Overview
U.S. Citizens and Nationals
Eligible Immigrants
7-II.H Verification of Preference Status
PART III: Verifying Income and Assets
7-III.A Earned Income
Tips
7-III.B Business and Self-Employment Income
7-III.C Periodic Payments and Payments in Lieu of Earnings
Social Security/SSI Benefits
7-III.D Alimony or Child Support
7-III.E Assets and Income From Assets
Assets Disposed of for Less than Fair Market Value
7-III.F Net Income From Rental Property
7-III.G Retirement Accounts
7-III.H Income From Excluded Sources
7-III.I Zero Annual Income Status
7-III.J Student Financial Assistance
7-III.K Parental Income of Students Subject to Eligibility Restrictions
PART IV: Verifying Mandatory Deductions
7-III.A Dependent and Elderly/Disabled Household Deductions
Dependent Deduction
Elderly/Disabled Family Deductions
7-III.B Medical Expense Deduction
Amount of Expense
Eligible Household
Qualified Expenses
Unreimbursed Expenses
Expenses Incurred in Past Years
7-III.C Disability Assistance Expenses
Amount of Expense
Family Member is a Person with Disabilities
Family Member(s) Permitted to Work
Unreimbursed Expenses
7-III.D Childcare Expenses
Eligible Child
Unreimbursed Expenses
Pursuing an Eligible Activity
Allowable Type of Childcare
Reasonableness of Expenses
Exhibit 7-1: Summary of Documentation Requirements for Noncitizens 9HCV GB, pp. 5-9 and 5-10]
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
PART I: Physical Standards
8-I.A General HUD Requirements
HUD Performance and Acceptability Standards
Tenant Preference Items
Modifications to Provide Accessibility
8-I.B Additional Local Requirements
Thermal Environment [HCV GB p. 10-7]
Clarification of HUD requirements
8-I.C Life-Threatening Conditions [24 CFR 982.404(a); FR Notice 1/18/17]
8-I.D Owner and Family Responsibilities [24 CFR 982.404]
Family Responsibilities
Owner Responsibilities
8-I.E Special Requirements for Children with Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17]8-I.F Violation of HQS Space Standards [24 CFR 982.401, 24 CFR 982.403]
PART II: The Inspection Process
8-II.A Overview [24 CFR 982.405]
Types of Inspections
Inspection of PHA-Owned Units [24 CFR 982.352(b)]
Inspection Costs [Notice PIH 2016-05]
Notice and Scheduling
Owner and Family Inspection Attendance
8-II.B Initial HQS Inspection [24 CFR 982.401(a)]
Initial Inspections [FR Notice 1/18/17]
Timing of Initial Inspections
Inspection Results and Reinspections
Utilities
Appliances [Form HUD-52580]
8-II.C Annual/Biennial HQS Inspections [24 CFR 982.405 and 982.406; Notice PIH 2016-05]
Scheduling the Inspection
8-II.D Special Inspections [24 CFR 982.405(g)]
8-II.E Quality Control Inspections [24 CFR 982.405(b); HCV GB p. 10-32]
8-II.F Inspection Results and Re-Inspections for Units Under HAP
Notification of Corrective Actions
Extensions
Re-Inspections
8-II.G Enforcing Owner Compliance
HAP Abatement
HAP Contract Termination
8-II.H Enforcing Family Compliance with HQS [24 CFR 982.404(b)]
PART III: Rent Reasonableness [24 CFR 982.507]
8-III.A Overview
PHA-Owned Units [24 CFR 9872.352(b)]
8-III.B When Rent Reasonableness Determinations Are Required
Owner-Initiated Rent Determinations
PHA- and HUD-Initiated Rent Reasonableness Determinations
LIHTC- and HOME-Assisted Units [24 CFR 982.507(c)]
8-III.C How Comparability Is Established
Factors to Consider
Units that Must Not be Used as Comparables
Rents Charged for Other Units on the Premises
8-III.D PHA Rent Reasonableness Methodology
How Market Data is Collected
How Rents are Determined
Exhibit 8-1: Overview of HUD Housing Quality Standards
Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality
GENERAL LEASING POLICIES
9-I.A Tenant Screening
9-I.B Requesting Tenancy Approval [Form HUD-52517]
9-I.C Owner Participation
9-I.D Eligible Units
Ineligible Units [24 CFR 982.352(a)]
PHA-Owned Units [24 CFR 982.352(b)]
Special Housing Types [24 CFR 982 Subpart M]
Duplicative Assistance [24 CFR 982.352(c)]
Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401]
Unit Size
Rent Reasonableness
Rent Burden [24 CFR 982.508]
9-I.E Lease and Tenancy Addendum
Lease Form and Tenancy Addendum [24 CFR 982.308]
Lease Information [24 CFR 982.308(d)]
Term of Assisted Tenancy
Security Deposit [24 CFR 982.313(a) and (b)]
Separate Non-Lease Agreements Between Owner and Tenant
PHA Review of Lease
9-I.F Tenancy Approval [24 CFR 982.305]
9-I.G HAP Contract Execution [24 CFR 982.305]
9-I.H Changes in Lease or Rent [24 CFR 982.308]
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
PART I: Moving with Continued Assistance
10-I.A Allowable Moves
10-I.B Restrictions on Moves
Denial of Moves
Restrictions on Elective Moves [24 CFR 982.354(c)]
10-I.C Moving Process
Notification
Approval
Reexamination of Family Income and Composition
Voucher Issuance and Briefing
Housing Assistance Payments [24 CFR 982.311(d)]
HAP Families who Wish to Move [24 CFR 982.455]
PART II: Portability
10-II.A Overview
10-II.B Initial PHA Role
Allowable Moves Under Portability
Determining Income Eligibility
Reexamination of Family Income and Composition
Briefing
Voucher Issuance and Term
Voucher Extensions and Expiration
Pre-approval Contract with the Receiving PHA
Initial Notification to the Receiving PHA
Sending Documentation to the Receiving PHA
Initial Billing Deadline [Notice PIH 2016-09]
Monthly Billing Payments [Notice PIH 2016-09]
Annual Updates of Form HUD-50058
Denial or Termination of Assistance [24 CFR 982.355(c)(17)]
10-II.C Receiving PHA Role
Responding to Initial PHA's Request [24 CFR 982.355(c)]
Initial Contact with Family
Briefing
Income Eligibility and Reexamination
Voucher Issuance
Notifying the Initial PHA
Administering a Portable Family's Voucher
Absorbing a Portable Family
RE-EXAMINATIONS
PART I: Annual Reexaminations [24 CFR 982.516]
11-I.A Overview
11-I.B Streamlined Annual Reexaminations [24 CFR 982.516(b)]
11-I.C Scheduling and Reexaminations
Notification of and Participation in the Annual Reexamination Process
11-I.D Conducting Annual Reexaminations
11-I.E Determining Ongoing Eligibility of Certain Students [24 CFR 982.522(b)(5)]
11-I.F Effective Dates
PART II: Interim Re-examinations [24 CFR 982.516]
11-II.A Overview
11-II.B Changes in Family and Household Composition
New Family Members Not Requiring PHA Approval
New Family and Household Members Requiring Approval
Departure of a Family or Household Member
11-II.C Changes Affecting Income or Expenses
PHA-Initiated Interim Reexaminations
Family-Initiated Interim Reexaminations
11-II.D Processing the Interim Reexamination
Method of Reporting
Effective Dates
PART III: Recalculating Family Share and Subsidy Amount
11-III.A Overview
11-III.B Changes in Payment Standards and Utility Allowances
Payment Standards [24 CFR 982.516]
Subsidy Standards [24 CFR 982.505(c)(4)]
Utility Allowances [24 CFR 982.517(d)]
11.III.C Notification of New Family Share and HAP Amount
11-III.D Discrepancies
TERMINATION OF ASSISTANCE AND TENANCY
PART I: Grounds for Termination of Assistance
12-I.A Overview
12-I.B Family No Longer Requires Assistance [24 CFR 982.455]
12-I.C Family Chooses to Terminate Assistance
12-I.D Mandatory Termination of Assistance
Eviction [24 CFR 982.552(b)(2); 24 CFR 5.2005(c)(1)]
Failure to Provide Consent [24 CFR 982.552(b)(3)]
Failure to Document Citizenship [24 CFR 982.552(b)(4) and 24 CFR 5.514(c)]
Methamphetamine Manufacture or Production [24 CFR 983.553(b)(1)(ii)]
Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]
Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-3]
12-I.E Mandatory Policies and Other Authorized Terminations
Mandatory Policies [24 CFR 982.553(b) and 982.551(l)]
Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), and 24 CFR 5.2005(c)]
PART II: Approach to Termination of Assistance
12-II.A Overview
12-II.B Method of Termination [24 CFR 982.552(a)(3)]
12-II.C Alternatives to Termination of Assistance
Change in Household Composition
Repayment of Family Debts
12-II.D Criteria for Deciding to Terminate Assistance
Evidence
Consideration of Circumstances [24 CFR 982.552(c)(2)(i)]
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
12-II.E Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, or Stalking
VAWA Protections against Terminations
Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)]
Documentations of Abuse [24 CFR 5.2007]
Terminating the Assistance of a Domestic Violence Perpetrator
12-II.F Termination Notice
PART III: Termination of Tenancy by the Owner
12-III.A Overview
12-III.B Grounds for Owner Termination of Tenancy [24 CFR 982.310, 24 CFR 5.2005(c), and Form HUD-52641-A, Tenancy
Addendum]
Serious or Repeated Lease Violations
Violation of Federal, State, or Local Law
Criminal Activity or Alcohol Abuse
Other Good Cause
12-III.C Eviction [24 CFR 982.301(e) and (f) and Form HUD-52641-A, Tenancy Addendum)]
12-III.D Deciding Whether to Terminate Tenancy [24 CFR 982.301(h)(4)]
12-III.E Effect of Tenancy Termination on the Family's Assistance
Exhibit 12-1: Statement of Family Obligations
OWNERS
PART I: Owners in the HCV Program
13-I.A Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6]
Recruitment
Retention
13-I.B Basic HCV Program Requirements
13-I.C Owner Responsibilities [24 CFR 982.452]
13-I.D Owner Qualifications
Owners Barred from Participation [24 CFR 982.306(a) and (b)]
Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2]
Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19]
Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.452]
Tenancy Request [24 CFR 982.306(c)]
Legal Ownership of Unit
13-I.E Nondiscrimination [HAP Contract - Form HUD-52641]
PART II: HAP Contracts
13-II.A Overview
13-II.B HAP Contract Contents
13-II.C HAP Contract Payments
General
Owner Certification of Compliance
Late HAP Payments [24 CFR 982.451(a)(5)]
Termination of HAP Payments [24 CFR 982.311(b)]
13-II.D Breach of HAP Contract [24 CFR 982453]
13-II.E HAP Contract Term and Termination
13-II.F Change in Ownership / Assignment of the HAP Contract [HUD Form-52641]
PROGRAM INTEGRITY
PART I: Preventing, Detecting, and Investigating Errors and Program Abuse
14-I.A Preventing Errors and Program Abuse
14-I.B Detecting Errors and Program Abuse
Quality Control and Analysis of Data
Independent Audits and HUD Monitoring
Individual Reporting of Possible Errors and Program Abuse
14-I.C Investigating Errors and Program Abuse
When the PHA Will Investigate
Consent to Release Information [24 CFR 982.516]
Analysis and Findings
Consideration of Remedies
Notice and Appeals
PART II: Corrective Measures and Penalties
14-II.A Subsidy Under- or Over-Payments
Corrections
Reimbursement
14-II.B Family-Caused Errors and Program Abuse
Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13]
PHA Reimbursement to Family [HCV GB pp. 22-12]
Prohibited Actions
Penalties for Program Abuse
14-II.C Owner-Caused Error or Program Abuse
Owner Reimbursement to the PHA
Prohibited Owner Actions
Remedies and Penalties
14-II.D PHA-Caused Errors or Program Abuse
Repayment to the PHA
PHA Reimbursement to Family or Owner
Prohibited Activities
14-II.E Criminal Prosecution
14-II.F Fraud and Program Abuse Recoveries
PROGRAM INTEGRITY
PART I: Single-Room Occupancy [24 CFR 982.602 through 982.605]
15-I.A Overview
15-I.B Payment Standard, Utility Allowance, and HAP Calculation
15-I.C Housing Quality Standards (HQS)
PART II: Congregate Housing [24 CFR 982.606 through 982.609]
15-II.A Overview
15-II.B Payment Standard, Utility Allowance, and HAP Calculation
15-II.C Housing Quality Standards
PART III: Group Home [24 CFR 982.610 through 982.614 and HCV GB p. 7-4]
15-III.A Overview
15-III.B Payment Standard, Utility Allowance, and HAP Calculation
15-III.C Housing Quality Standards
PART IV: Shared Housing [24 CFR 982.615 through 982.618]
15-IV.A Overview
15-IV.B Payment Standard, Utility Allowance, and HAP Calculation
15-IV.C Housing Quality Standards
PART V: Cooperative Housing [24 CFR 982.619]
15-V.A Overview
15-V.B Payment Standard, Utility Allowance, and HAP Calculation
15-V.C Housing Quality Standards
PART VI: Manufactured Homes [24 CFR 982.620 through 982.624; FR Notice 1/18/17]
15-VI.A Overview
15-VI.B Special Policies for Manufactured Home Owners Who Lease a Space
Family Income
Lease and HAP Contract
15-VI.C Payment Standard, Utility Allowance, and HAP Calculation [FR Notice 1/18/17]
Payment Standards
Utility Allowance
Space Rent
Authorization Costs
Housing Assistance Payment
Rent Reasonableness
15-VI.D Housing Quality Standards
PART VII: Homeownership [24 CFR 982.625 through 982.643]
15-VII.A Overview [24 CFR 982.625 through 982.643]
15-VII.B Family Eligibility [24 CFR 982.625]
15-VII.C Selection of Families [24 CFR 982.626]
15-VII.D Eligible Units [24 CFR 982.628]
15-VII.E Additional PHA REquirements for Search and Purchase [24 CFR 982.6296]
15-VII.F Homeownership Counseling [24 CFR 982.630]
15-VII.G Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631]
Home Inspections
Contract of Sale
Disapproval of a Seller
15-VII.H Financing [24 CFR 982.632]
15-VII.I Continued Assistance Requirements; Family Obligations [24 CFR 982.632]
15-VII.J Maximum Term of Homeowner Assistance [24 CFR 982.634]
15-VII.K Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635]
15-VII.L Portability [24 CFR 982.6636, 982.637, 982.353(b) and (c), 982.552, 982.553]
15-VII.M Moving with Continued Assistance [24 CFR 982.637]
15-VII.N Denial or Termination of Assistance [24 CFR 982.638]
PROGRAM ADMINISTRATION
PART I: Administrative Fee Reserve
PART II: Setting Program Standards and Schedules
16-II.A Overview
16-II.B Payment Standards [24 CFR 982.503; HCV GB, Chapter 7]
Updating Payment Standards
Exception Payment Standards [24 CFR 982.503(c)]
Voluntary Use of Small Area FMRs [24 CFR 982.503, Notice PIH 2018-01]
"Success Rate" Payment Standard Amounts [24 CFR 982.503(e)]
Decreases in the Payment Standard Below the Basic Range [24 CFR 982.503(d)]
16-II.C Utility Allowances [24 CFR 982.517]
Air Conditioning
Reasonable Accommodation
Utility Allowance Revisions
PART III: Informal Reviews and Hearings
16-III.A Overview
16-III.B Informal Reviews
Decisions Subject to Informal Review
Notice to the Applicant [24 CFR 982.554(a)]
Scheduling an Informal Review
Informal Review Procedures [24 CFR 982.554(b)]
16-III.C Informal Hearings for Participants [24 CFR 982.555]
Decisions Subject to Informal Hearing
Informal Hearing Procedures
16-III.D Hearing and Appeal Provisions for Non-citizens [24 CFR 5.514]
Notice of Denial or Termination of Assistance [24 CFR 5.514(d)]
USCIS Appeal Process [24 CFR 5.514(e)]
Informal Hearing Procedures for Applicants [24 CFR 5.514(f)]
Informal Hearing Procedures for Residents [24 CFR 5.514(f)]
Retention of Documents
PART IV: Owner or Family Debts to the PHA
16-IV.A Overview
16-IV.B Repayment Policy
Owner Debts to the PHA
Family Debts to the PHA
Repayment Agreement [24 CFR 792.103]
General Repayment Agreement Guidelines for Families
Repayment Agreements Involving Improper Payments
PART V: Section 8 Management Assessment Program (SEMAP)
16-V.A Overview
16-V.B SEMAP Certification [24 CFR 985.101]
HUD Verification Method
16-V.C SEMAP Indicators [24 CFR 985.3 and Form HUD-52648]
SEMAP Indicators Chart
PART VI: Record Keeping
16-VI.A Overview
16-VI.B Record Retention [24 CFR 982.158]
16-VI.C Records Management
Privacy Act Requirements [24 CFR 5.212 and Form 9886]
Upfront Income Verification (UIV) Records
Criminal Records
Medical/Disability Records
Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
PART VII: Reporting and Record-Keeping for Children
16-VII.A Overview
16-VII.B Reporting Requirement [24 CFR 35.1225(e); Notice PIH 2017-13]
16-VII.C Data Collection and Record-Keeping
PART VIII: Determination of Insufficient Funding
16-VIII.A Overview
16-VIII.B Methodology
PART IX:
16-XI.A Overview
16-XI.B Definitions [24 CFR 5.2003]
16-XI.C Notification [24 CFR 5.2005(a), 42 USC 13925]
Notification to Public
Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)]
Notification to Owners and Manager
16-XI.D Documentation [24 CFR 5.2007]
Conflicting Documentation [24 CFR 5.2007(e)]
Discretion to Require No Formal Documentation [24 CFR 5.2007(d)]
Failure to Provide Documentation [24 CFR 5.2007(c)]
16-XI.D CONFIDENTIALITY [24 CFR 5.2007(b)(4)]
Exhibit 16-1: Sample Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380
Exhibit 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation,
Form HUD-5382
Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic violence, Dating Violence, Sexual Assault, or Stalking and
Alternate Documentation, Form HUD-5382
Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking, Form HUD-5383
Exhibit 16-5: Model Owner Notification of Rights and Obligations
PROJECT-BASED VOUCHERS
PART I: General Requirements
17-I.A Overview [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21]
Additional Project-Based Units [FR Notice 1/18/17; Notice PIH 2017-21]
Units Not Subject to the PBV Program Limitations [FR Notice 1/18/17; Notice PIH 2017-21]
17-I.B Tenant-Based vs. Project-Based Voucher Assistance [24 CFR 983.2]
17-I.C Relocation Requirements [24 CFR 983.7]
17-I.D Equal Opportunity Requirements [24 CFR 983.8]
PART II: PBV Owner Proposals
17-II.A Overview
17-II.B Owner Proposal Selection Procedures [24 CFR 983.51(b)]
Units Selected Non-Competitively [FR Notice 1/18/17; Notice PIH 2017-21]
Solicitation and Selection of PBV Proposals [24 CFR 983.51(c)]
PHA-Owned Units [24 CFR 983.51(e); 983.59, FR NOtice 1/18/17 and Notice PIH 2017-21]
PHA Notice of Owner Selection [24 CFR 983.51(d)]
17-II.C Housing Type [24 CFR 983.52]
17-II.D Prohibition of Assistance for Certain Units
Ineligible Housing Types [24 CFR 983.53]
Subsidized Housing [24 CFR 983.54]
17-II.E Subsidy Layering Requirements [24 CFR 983.55, FR NOtice 11/24/08; FR Notice 7/9/10, and FR NOtice 6/25/14]
17-II.F Cap on Number of PBV Units in Each Project
25 Percent per Project Cap [24 CFR 983.56, FR Notice 1/18/17, and Notice PIH 2017-21]
Exceptions to 25 Percent Per Project Cap [FR Notice 1/18/17, and Notice PIH 2017-21]
Projects not Subject to a Project Cap [FR Notice 1/18/17, and Notice PIH 2017-21]
Promoting Partially-Assisted Projects [24 CFR 983.56(c)]
17-II.G Site Selection Standards
Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)]
Existing and Rehabilitated Housing Site and Neighborhood Standards 924 CFR 983.57(d)]
New Construction Site and Neighborhood Standards [24 CFR 983.57(e)]
17-II.H Environmental Review [24 CFR 983.58]
PART III: Dwelling Units
17-III.A Overview
17-III.B Housing Quality Standards [24 CFR 983.101]
Lead-Based Paint [24 CFR 983.101]
17-III.C Housing Accessibility for Persons with Disabilities
17-III.D Inspecting Units
Pre-Selection Inspection v103(a)]
Pre-HAP Contract Inspections [24 CFR 983.103(b)]
Turnover Inspections [24 CFR 983.103(c); FR Notice 1/18/17, and Notice PIH 2017-20]
Annual/Biennial Inspections [24 CFR 983.103(d), FR NOtice 6/25/14]
Other Inspections [24 CFR 983.103(e)]
Inspecting PHA-Owned Units [24 CFR 983.103(f)]
PART VI: Rehabilitated and Newly-Constructed Units
17-IV.A Overview [24 CFR 983.151]
17-IV.B Agreement to Enter into HAP Contract
Content of the Agreement [24 CFR 983.152(d)]
Execution of the Agreement [24 CFR 983.153]
17-IV.C Conduct of Development Work
Labor Standards [24 CFR 983.154(b)]
Equal Opportunity [24 CFR 983.154(c)]
Owner Disclosure [24 CFR 983.154(d) and (e)]
17-IV.D Completion of Housing
Evidence of Completion [24 CFR 983.155(b)]
PHA Acceptance of Completed Units [24 CFR 983.156]
PART V: Housing Assistance Payments Contract (HAP)
17-V.A Overview
17-V.B HAP Contract Requirements
Contract Information [24 CFR 983.203]
Execution of the HAP Contract [24 CFR 983.204]
Term of HAP Contract [24 CFR 983.205,
Statutory Notice Requirements: Contract Termination of Expiration [24 CFR 983.206; FR NOtice 1/18/17, and
Notice PIH 2017-21]
Remedies for HQS Violations [24 CFR 983.208(b)]
17-V.C Amendments to the HAP Contract
Substitution of Contract Units [24 CFR 983.207(a)]
Addition of Contract Units [FR NOtice 1/18/17, and Notice PIH 2017-21]
17-V.D HAP Contract Year, Anniversary, and Expiration Dates [24 CFR 983.207(b) and 983.302(e)]
17-V.E Owner Responsibilities Under the HAP [24 CFR 983.210]
17-V.F Additional HAP Requirements
Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)]
Vacancy Payments [24 CFR 983.352(b)]
PART VI: Selection of PBV Program Participants
17-VI.A Overview
17-VI.B Eligibility of PBV Assistance [24 CFR 983.251(a) and (b)]
In-Place Families [24 CFR 983.251(b)]
17-VI.C Organization of Waiting List [24 CFR 983.251(c)]
17-VI.D Selection From the Waiting List [24 CFR 983.251(c)]
Income Targeting [24 CFR 983.251(c)(6)]
Units with Accessibility Features [24 CFR 983.251(c)(7)]
Preferences [24 CFR 983251(d), FR NOtice 11/24/08]
17-VI.E Offer of PBV Assistance
Refusal of Offer [24 CFR 983.251(e)(3)]
Disapproval by Landlord [24 CFR 983.251(e)(2)]
Acceptance of Offer [24 CFR 983.252]
17-VI.F Owner Selection of Tenants
Leasing [24 CFR 983.253(a)]
Filling Vacancies [24 CFR 983.254(a)]
Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)]
17-VI.G Tenant Screening [24 CFR 983.255]
PHA Responsibility
Owner Responsibility
PART VII: Occupancy
17-VII.A Overview
17-VII.B Lease [24 CFR 983.256]
Form of Lease [24 CFR 983.256(b)]
Lease Requirements [24 CFR 983.256(c)]
Tenancy Addendum [24 CFR 983.256(d)]
Initial Term and Lease Renewal [24 CFR 983.256(f)]
Changes in the Lease [24 CFR 983.256(e)]
Owner Termination of Tenancy [24 CFR 983.257]
Continuation of Housing-Assistance Payments [24 CFR 983.258]
Security Deposit [24 CFR 983.259]
17-VII.C Moves
Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.260]
Family Right to Move [24 CFR 983.261]
Emergency Transfers Under VACA [Notice PIH 2017-08]
17-VII.D Exceptions to the Occupancy Cap [24 CFR 983.262]
PART VIII: Determining Rent to Owner
17-VIII.A Overview
17-VIII.B Rent Limits [24 CFR 983.301]
Certain Tax Credit Units [24 CFR 983.301(c)]
Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)]
Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)]
Redetermination of Rent [24 CFR 983.302]
PHA-Owned Units [24 CFR 983.301(g)]
17-VIII.C Reasonable Rent [24 CFR 983.303]
When Rent Reasonable Determinations Are Required
How to Determine Reasonable Rent
PHA-Owned Units
Owner Certification of Reasonable Rent
17-VIII.D Effect of Other Subsidy and Rent Control
Other Subsidy [24 CFR 983.304]
Rent Control [24 CFR 983.305]
PART IX: Payments to Owner
17-IX.A Housing Assistance Payments [24 CFR 983.351]
17-IX.B Vacancy Payments [24 CFR 983.352]
17-IX.C Tenant Rent to Owner [24 CFR 983.353]
Tenant and PHA Responsibilities
Utility Reimbursements
17-IX.D Other Fees and Charges [24 CFR 983.354]
Meals and Supportive Services
Other Charges by Owner
Exhibit 16-1: PBV Development Information