slide #1 © 2007 nan mckay & associates terry provance public housing community service / pets...
TRANSCRIPT
Slide #1©2007 Nan McKay & Associates
Terry Provance
Public Housing
Community Service / Pets
©2007 Nan McKay & Associates
Slide #2©2007 Nan McKay & Associates
Welcome to Lunch N Learn!
Today’s Topics:• Community Service
RequirementsExemptionsNoncompliance
• Pets and Service Animals
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Welcome to Lunch N Learn!
Upcoming topics for the occupancy series:• 10/5/07: Common Rent Calculation Errors &
How to Reduce Them• 11/2/07: FSS Case Management• 12/6/07: HCV Leasing Activities• 12/7/07: Effective Property Management
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Community Service
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Background Information
The Quality Housing and Work Responsibility Act of 1998 (Public Housing Reform Act) amended Section 12 of the United States Housing Act of 1937 to establish community service and self-sufficiency requirements for certain residents of public housing• Does not apply to Section 8 programs
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Background Information
Originally, community service had to be implemented beginning with PHA fiscal years that commenced on or after 10/01/2000
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Background Information
FY 2002 Appropriations Act temporarily suspended community service, except for residents of HOPE VI developments
PHAs were not to implement or enforce community service (except under HOPE VI) using FY 2002 funds
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Background Information
Notice PIH 2003-17 (HA) was issued on June 20, 2003 to reinstate community service
By July 31, 2003 PHAs had to provide all residents with written notice about the reinstatement of the requirement, their exempt/nonexempt status, and what to do in order to comply
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Background Information
By October 31, 2003 PHAs had to assure that all affected residents were performing their community service requirements
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Purpose
Community service and self-sufficiency requirement is intended to:• Assist adult public housing residents in
improving their economic and social well-being• Give them a greater stake in their communities
by allowing them to “give something back”• Facilitate their upward mobility
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Community Service Definition
Community service is:• Voluntary work or duties
That are a public benefit, and Improve the quality of life, enhance resident
self-sufficiency, or increase resident self-responsibility in the community
• Not employment• May not include political activities
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Self-sufficiency Definition
Economic self-sufficiency is:• Any program designed to encourage, assist,
train, or facilitate the economic independence of HUD-assisted families or to provide work for such families…
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Self-sufficiency Definition
Economic self-sufficiency programs include:• Job training• Employment counseling• Work placement• Basic skills training• Education• English proficiency• Workfare
• Financial or household mgt
• Apprenticeship
• Any pgm necessary to ready for work (e.g. substance abuse or mental health treatment pgm)
• Other work activities
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PHA Plan Requirements
PHAs must describe their community service programs in their PHA annual plans, except agencies that are:• High performing PHAs• Small PHAs non-troubled & w/PHAS score > 69• But they are not exempt from administering
community service!
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Program Regulatory Information
24 CFR 960 Subpart F was created to address the community service requirements
Also discussed under lease requirements in 24 CFR 966.4(a)(2)(ii) & 966.4(l)(2)(iii)(D)
PHA Plan requirements are found in 24 CFR 903.7(l) and exemptions in 903.11(c) & 903.12
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Resident Requirements
Except for family members who are exempt, each adult family member must contribute 8 hours per month of:• Community service activities, or• Economic self-sufficiency program activities,
or• Combination of the two
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8 Hours Per Month
Individuals cannot skip a month and double-up on their hours the following month
PHAs can make exception to this on a case-by-case basis due to extenuating circumstances• Make up hours prior to lease renewal or within
a reasonable period (PHA policy)
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Exempt Individuals
Age 62 or older Blind or disabled as defined in the Social
Security Act [42 U.S.C. 416(i)(1); 1382c] and who certifies because of this disability are unable to comply• Primary caretaker of such individual is also
exempt
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Exempt Individuals
Is engaged in work activities as defined in the Social Security Act [42 U.S.C. 607(d)]• PHAs are encouraged to consider 30 hours per
week as minimum for work activities• PHAs can use reasonable guidelines to clarify
list of work activities in coordination w/TANF agency (list of 12 activities in PIH 2003-17)
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Exempt Individuals
Meets requirements for being exempt from work activities under State welfare program
Is receiving TANF and has not been found to be in non-compliance with the program
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HUD FAQs
HUD’s Admission and Occupancy FAQs provides additional guidance for community service implementation and enforcement
Located at: http://www.hud.gov/offices/pih/phr/about/ao_faq4.cfm
The following policy issues come from the FAQs
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Policy Issues from FAQs
Pregnant females are not automatically exempt• PHA could determine pregnant individual is
temporarily unable to comply & require written verification from physician of such inability
• Or PHA could require individual to make up hours after pregnancy but prior to lease renewal or within a reasonable period
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Policy Issues from FAQs
Home schooling of children may be an eligible community service activity if the PHA determines it as such
Stay-at-home parents are not exempt• But could meet their 8 hours through
babysitting for someone performing their community service
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Policy Issues from FAQs
For persons receiving unemployment who are required to look for work:• Job search is one of the items listed as an
exempt work activity• PHA must determine if person is “engaged” in a
“work activity” Must have reasonable policies and a means to
verify
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PHA Lease Requirements
PHA lease must specify that it will be renewed automatically unless the family fails to comply with the requirements
Violation is grounds for nonrenewal of the lease at the end of the 12-month lease term• Cannot terminate lease for violation of this
requirement during lease term
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PHA Policy Requirements
PHA must develop policies for administration of community service• May administer qualifying activities directly, or• Make available through contractor or
partnerships with other community organizations, agencies, or institutionsCould include resident organizations
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Eligible Activities
Public Housing Occupancy Guidebook, Chapter 15, gives examples of eligible community service activities• Recommends that PHAs notify their insurance
companies if residents will be doing their service activities at the PHA
Also provides examples of eligible self-sufficiency activities
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PHA Requirements
PHA must describe how it determines who is and is not exempt• Including process for determining changes in
exempt status PHA must give all resident families written
description of the requirements, process for claiming and verifying exempt status
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PH Occupancy Guidebook
The Public Housing Occupancy Guidebook (Chapter 15) discusses the development of exemption verification forms, and recording/certification documentation forms
Also discusses providing family with a copy of the PHA’s community service policies at initial application and lease execution
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PH Occupancy Guidebook
NOTE: PH Occupancy Guidebook states forms and policies must be provided at initial application and lease execution, however, there is no regulatory or other mandatory basis for this• Should only be considered recommendations• Sample forms are provided in Appendix VI
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PH Occupancy Guidebook
PH Occupancy Guidebook says “Activities must be performed within the community and not outside the jurisdictional area of the PHA.” • There is no regulatory or other mandatory
basis for this • Only a recommendation
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PH Occupancy Guidebook
PH Occupancy Guidebook also says family must sign certification that they have received and read the PHA’s community service policies• There is no regulatory or other mandatory
basis for this • Only a recommendation
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PHA Requirements
PHA must notify family of its determination of family members subject to the requirements• And those who are exempt
PHA must review family compliance and verify compliance annually at least 30 days prior to lease end
Verification for activities not administered by the PHA must be by third party
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PHA Requirements
PHA must retain documentation of service requirement performance or exemption in the resident files
PHA must comply with non-discrimination and equal opportunity requirements
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PHA Requirements
PHA may not substitute community service or self-sufficiency activities for work ordinarily performed by PHA employees, or • Replace a job at any location where residents
perform activities to satisfy the requirements
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PHA Requirement for Noncompliance
If tenant or other family member is in noncompliance, the PHA may not renew the lease at the end of the lease term unless:• Tenant/noncompliant member enters into written
agreement to cure by completing additional hours needed by end of next 12-month lease term, or
• Noncompliant member no longer resides in unit
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Noncompliance Process
Prior to end of lease term, PHA will make a determination whether all nonexempt family members have complied with the requirement
If PHA determines a family member is noncompliant the PHA must notify the family of the noncompliance
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Noncompliance Notice
PHA notice of noncompliance must:• Briefly describe the noncompliance• State PHA will not renew lease unless:
Tenant and any other noncompliant resident enter into written agreement to cure, and cure
Or that noncompliant member no longer resides in unit
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Noncompliance Notice
PHA notice of noncompliance must also state that tenant may request a grievance hearing and may exercise any available judicial remedy to PHA’s nonrenewal of the lease
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Noncompliance Agreement
The agreement to cure should include:• The additional number of hours needed to
make up the required hours under current lease
• Assurance that all nonexempt members are in compliance
• Assurance that any noncompliant resident no longer resides in unit
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Reporting on 50058
Notice PIH 2004-20 (HA), issued October 2, 2004, provided instructions for completing line 3q of the form HUD-50058 for community service
Also, the latest version of the Form HUD-50058 Instruction Booklet, dated June 28, 2004 has this same instruction
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Reporting on 50058
As of September 27, 2004, PHAs are not to use option 5, “n/a”, when completing 3q on the 50058 form• Selecting option 5 will result in a fatal error• Option 5 was only to be used for PHAs where
the community service requirement had not yet gone into effect
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Reporting on 50058
For Section 8 participant reporting, leave 3q blank
Instructions for completing 3q are found in the 50058 Instruction Booklet, pages 15 & 16
Note that on page 16 it mentions “an average of 8 hours per month” – this was clarified in HUD’s FAQs that it is not an average
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Pets in Public Housing
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Pets in Public Housing
Pet rules for mixed population (elderly/disabled) developments effective March 2, 1987• Regulations are found at 24 CFR 5, Subpart C
Pet rules for general occupancy (family) developments effective August 9, 2000• Regulations found at 24 CFR 960, Subpart G
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Development Types
Most of the rules are the same for all PHA developments• We’ll point out where the rules differ between
development types• Note when we discuss mixed population, we
are also including designated-elderly and designated-disabled developments
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Pet Policies & PHA Plan In mixed population (elderly/disabled)
developments, PHA must notify all residents in writing when developing their pet policies• Residents have opportunity to comment and their
comments must be considered General occupancy development pet policies
must be contained in PHA’s annual plan• Reviewed by Resident Advisory Board
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Pet Policies
Pet policies for all a PHA’s developments may be the same if in compliance with regulations for both general occupancy and elderly/disabled developments
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Service Animals
PHA’s pet policies do not apply to service animals that assist persons with disabilities or that visit public housing developments
However, a person with disabilities is not automatically entitled to a service animal
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Service Animals
Service (or assistance) animals are animals that work, provide assistance, or perform tasks for the benefit of a person with disabilities• Or provide emotional support that alleviates
one or more identified symptoms or effects of a person’s disability
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Pets vs. Service Animals
To document a service animal the PHA will document the disability and the connection between the disability and the requested animal• If animal does not remove a barrier to equal
enjoyment of housing related to the person’s disability, the animal is a pet
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Pets vs. Service Animals
To avoid confusing the issue, avoid using terms such as “emotional support animal”, “companion animal” or “therapy animal”
All animals could be presented as “support animals”• Animals can provide many benefits to their
owners, but most are pets
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Rejecting Service Animals
A service animal can be rejected if there is reliable objective evidence that:• It poses a threat to health & safety
Unless threat can be reduced by reas. accom.• It would cause physical damage to property of
others PHA may not require that service animals have
formal training
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No Pet Zones & Service Animals
Refusal to modify a “no pet zone” rule for service animals as a reasonable accommodation would violate civil rights laws unless:• Direct threat to health or safety• Substantial physical damage to property• Undue financial or administrative burden to PHA• Fundamentally alters the nature of services
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Service Animals & The Lease
Families with service animals must still abide by lease provisions concerning health, safety and peaceful enjoyment• The lease can be enforced even if the lease
violation is related to the presence of a service animal
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Pet Ownership Conditions
May own 1 or more common household pets if resident maintains each pet:• Responsibly• In compliance with applicable state and local
public health, animal control, and animal anti-cruelty laws and regulations, and
• In accordance with PHA policies
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Common Household Pets
HUD did not define “common household pet” for public housing• Due to variations among local communities
PHA should define
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Common Household Pets
PHAs may adopt the definition of common household pet for HUD multifamily programs found in CFR 5.306(1)• Need to check with state and local law
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Common Household Pets
May also wish to consider restrictions recommended by People for the Ethical Treatment of Animals (PETA)• Animals held to produce offspring for sale• Wild or feral animals• Animals whose climate needs cannot be met• Pot-bellied pigs
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Reasonable Requirements
PHA may prohibit types of animals classified as dangerous (check state & local law)• This provision of the regulations is statutory
May have prohibitions on individual animals based on certain factors, including size and weight of animals
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Reasonable Requirements
May limit number of animals in a unit, based on unit size
May place restrictions or prohibitions based on size and type of building or project or other relevant conditions
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Reasonable Requirements
May require registration of pets with the PHA Such registration might include:
• Certification from veterinarian, or state or local authority, that pet has had all shots
• Enough information to identify pet• Name, address and phone of responsible
party if owner unable to care for pet
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Requirements & Restrictions
May require that pets are spayed or neutered PHA may not require pet owners to have any
pet’s vocal cords removed
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Fees and Deposits
In general occupancy developments may require non-refundable nominal fee to cover reasonable operating costs related to presence of pets• Not applicable to elderly/disabled developments
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Fees and Deposits
In all PHA developments, may require payment of a refundable pet deposit to cover additional costs not otherwise covered
In general occupancy developments, could have both a non-refundable fee and a refundable deposit, or one or the other
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Pet Deposits Not required In mixed-population (elderly/disabled)
developments amount must not be larger than the TTP or a reasonable standard amount• Can use in general occupancy developments
If PHA requires deposit, must place in:• Account required by state or local law; or• If no state or local requirements, use laws for unit
security deposit
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Pet Deposits
PHA must comply with law as to:• Retention• Interest• Return• Other
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Additional Information
PHA could set pet-free areas• But PHAs must generally
allow pets PHA may not require liability
insurance • (FR Vol. 65, No. 132,
7/10/2000, p. 42521)
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Additional Information
Admission and Occupancy FAQs provide further guidance – located at: http://www.hud.gov/offices/pih/phr/about/ao_faq5.cfm
PH Occupancy Guidebook, Chapter 16 • Contains table contrasting regulations for mixed
population & general occupancy developments
Slide #71©2007 Nan McKay & Associates
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