slide #1 © 2007 nan mckay & associates annie stevenson housing choice voucher leasing...

Annie Stevenson

Housing Choice Voucher

Leasing Activities

Welcome to Lunch N Learn!

Upcoming topics for the occupancy series:• 1/11/08: Annual Income Inclusions• 2/1/08: Annual Income Exclusions

EID• 3/7/07: Assets and Asset Income

Welcome to Lunch N Learn!

Today’s Topics:• Family briefings• Subsidy standards• Voucher issuance• Family obligations

Family Briefing

Briefing is conducted: • After family is selected from waiting list and

determined eligible and• Prior to or upon issuance of voucher

Voucher issuance and briefing are usually done simultaneously

Family Briefing

Two components: • Oral briefing• Briefing Packet

Oral Briefing

Oral briefing must include information on:• How the program works• Family and owner responsibilities• Where families may lease a unit• Explanation of portability/list of contacts at

neighboring PHAs

Oral Briefing

• May not discourage family from living anywhere inside or outside of PHA jurisdiction under portability rules

• Must explain benefits of moving to families currently living in high poverty census tracts

• Must take steps to communicate with disabled persons as needed

Oral Briefing

PHA must explain any local obligations of welfare-to-work family• Including that failure to meet obligations is

grounds for denial or termination

Voucher Holder’s Packet

When PHA issues Voucher for the first time, PHA must give HUD-required packet to family

Briefing Packet Required Items

Term of voucher Policy on extensions or suspensions

• If extensions allowed, explanation of how to request

How HAP is determined for families:• How Payment Standard is determined• How TTP is determined

How PHA determines maximum rent for unit

Briefing Packet Required Items Where family may lease unit

• If family qualifies for portability, packet must provide an explanation of portability

Request For Tenancy Approval form • Explanation of how to request approval

Tenancy Addendum • Must be included in the lease

Statement of PHA policy on providing information about a family to prospective owners

Subsidy standards • Including grounds for exceptions

HUD Brochure “A good place to live” LBP brochure Information on how to complete housing

discrimination complaint form

List of landlords willing to lease to families Notice that families with disabled persons may

request list of accessible units

Family obligations under the program Grounds for termination of assistance for

actions or failure to act Informal hearing procedures and how to

request a hearing

Optional Packet Items

Summary of items included in packet Landlord brochure HAP contract

Description of security deposit requirements Info on services and utilities Requirements to notify PHA of changes

during search period

Optional Packet Items Family considerations in leasing a unit:

• Condition of unit• Whether rent is reasonable• Cost of tenant-paid utilities• Whether unit is energy efficient• Location of unit (schools, employment,

transportation, shopping)

Explanation of rent reasonableness List of known units available Explanation of PHA’s special services and

programs Contact information List of most common HQS fail items

Voucher

Document between the PHA and the family Describes the family obligations Describes procedures for PHA approval of a

unit• Does not obligate the PHA to approve tenancy

Voucher

Issued after applicant family has been determined eligible and briefed, or when a participant family moves

Issuance of a voucher is not admission Authorizes the family to search for a unit

• Appropriate family unit size listed on voucher

Voucher General Policies

The number of vouchers issued is determined by available funding and the number of baseline units• PHA is not obligated to provide housing

assistance if insufficient funds

Subsidy Standards

Criteria established by PHA Must be included in administrative plan Determines “family unit size” (voucher size)

for families of different sizes and compositions• Family unit size listed on voucher

Subsidy Standards Must

Provide smallest number of bedrooms needed w/o overcrowding

Comply with HQS Be applied consistently

• Fair Housing regs apply

Exceptions to Subsidy Standards

Exception may be granted for:• Age• Sex• Health• Disability• Relationship of family members• Other personal circumstances

Exceptions to Subsidy Standards

Singles are not eligible for an exception to the subsidy standards unless they are• Disabled,• Elderly, or • A remaining family member

Criteria for Subsidy Standards

Factors to consider:• Number of persons• Relationship of persons• Sex and age of persons• Need to avoid overcrowding, maximize space

and minimize subsidy costs

Other Factors Count child who is temporarily absent in foster care

(should verify) Single pregnant woman (with no other persons)

treated as two person family Live-in aide counted Single person w/o live-in aide is zero or one

bedroom

Effect of Unit Size on Maximum Subsidy

Family unit size determines payment standard to be used to determine total subsidy

PHA sets payment standard for each unit size

Payment Standard used must be the lower of:

The family unit size (voucher size), or The size of the unit actually rented by the

family

Unit Selected

PHA cannot require opposite sex children to occupy same bedroom (unless “very young”)

HQS allows 2 persons per bedroom or living/sleeping room• Family decides who sleep where

Qualified “Sleeping Room”

Sleeping room must have:• Window (openable if designed to do so)• Two electrical outlets or one working outlet

and permanent light fixture No requirements for square footage, closets,

doors, locks, access within unit

Actual Unit Selection May select larger unit May select smaller unit than on voucher

• Must meet HQS• At least one bedroom, living/sleeping room for

each 2 persons Utility allowance must match actual size selected

Larger Size Selected

Family Unit Size (voucher size) = 2 Actual selected unit size = 3

Payment Standard is the lower = 2 Utility Allowance is the actual = 3

Smaller Size Selected

Family Unit Size (voucher size) = 3 Actual selected unit size = 2

Payment Standard is the lower = 2 Utility Allowance is the actual = 2

POP Quiz

If the family unit size (voucher size) is for a 1 bedroom, but the family actually leases up in a 3 bedroom……

What size payment standard is used? What size utility allowance is used?

POP Quiz

If the family unit size (voucher size) is for a 4 bedroom, but the family actually leases up in a 2 bedroom……

What size payment standard is used? What size utility allowance is used?

Changes Due to Funding Constraints

PHAs are establishing subsidy standards as 2 persons per bedroom• Regardless of age, relationship or gender

Exception for the head of household• Unit must still meet HQS space standards

(cannot be overcrowded)

Question

Example #1: PHA’s subsidy standard is 2 persons per bedroom • Exception for persons of the opposite sex• Exception for persons of different generations

Question

Family: mother, daughter 15, son 13• What size voucher is the family issued?• What is the largest payment standard

possible?

Question

Example #2: PHA’s subsidy standard is 2 persons per bedroom• Regardless of age, sex, gender

Question

Family: mother, daughter 15, son 13• What size voucher is the family issued?• What is the largest payment standard

possible?

Question

What size unit(s) may the family select?• Any size that is

AffordableNot overcrowded

Question

Is the PHA requiring that the two children share a bedroom?• No• Someone could sleep in the living room• Mother could share bedroom with daughter

Voucher Issuance Rules

Voucher Issuance

Initially issued for at least 60 calendar days• Family must submit RFTA and proposed

lease, unless extension granted, within voucher term

Voucher Extensions

PHA may extend per PHA admin plan• Family requests extension within initial term of

voucher• PHA gives notice of granted extension to family

HUD approval is not required for PHA to extend beyond 120 days

Voucher Extensions

PHA must extend term as reasonable accommodation up to the term reasonably required for that purpose

Voucher Extensions

The PHA may extend voucher for other good cause (admin plan)• Death, illness• PHA disapproved earlier RFTA (ex: after owner-

caused delay)• Hard to house family (needs larger unit,

accessible unit)

Voucher Suspensions

PHA may suspend (tolling)

45 days

Voucher Issued for 60 days

15 days

RFTA SubmittedAdmin plan must define policy on extensions and suspensions

Voucher Suspensions

Voucher Family Obligations

References for Family Obligations

• 982.551• 982.553• 982.404 (b)• Part 5, Subpart J

Family Responsibilities

HUD regulations Voucher Owner’s lease Tenancy addendum

Family Obligations

Supply info needed by PHA to administer program, including citizenship status

Supply all info needed for interim and annual reexam re: family and income

Disclose and provide documentation of social security numbers

Supply true and complete information

Family Obligations

Be responsible for certain breaches of HQS:• Utilities when family responsible• Appliances when family responsible• Damages beyond normal wear and tear

Family Obligations

Allow PHA to inspect unit Notify PHA & owner before moving Provide PHA copy of eviction notice Use the unit as family’s only residence Ensure profit-making activities are legal and

incidental to primary use of unit

Family Obligations

Have family composition approved by PHA• Inform of birth, adoption, custody of child• Request PHA approval to

Otherwise add member to familyAdd foster child or live-in aide

Notify PHA if member moves out

Family Obligations

Supply any info regarding family absences from the unit• Including any information requested on the

purpose of family absences

Family Obligations (Must Not)

Commit serious or repeated violation of lease Sublease or rent unit Assign or transfer lease or unit

Own or have interest in unit Commit fraud, bribery, corrupt, criminal act in

connection with program

Members of the household may not engage in• Drug-related criminal activity or • Violent criminal activity or

Members of the household may not engage in• Other criminal activity • That threatens the health, safety or right to

peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises

Members of the HH must not abuse alcohol• In a way that threatens the health, safety or

right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises

Receive duplicative assistance Receive assistance in a unit owned by a

relative as stated in regulation

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