HomeMy WebLinkAboutHousing & Redevelopment Authority Packet 03-28-2013MEETING AGENDA
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
THURSDAY, March 28, 2013 - 7:00 p.m.
WHERE: Medicine Lake Room
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed on the Consent Agenda are considered to be routine by the Housing
and Redevelopment Authority and will be enacted by one motion. There will be no
separate discussion of these items unless a Commissioner, citizen or petitioner so
requests, in which event the item will be removed from the consent agenda and
considered in normal sequence on the agenda.
1. CALL TO ORDER - 7:00 P.M.
2. CONSENT AGENDA
A. Approve HRA Meeting Minutes for February 28, 2013.
B. Plymouth Towne Square. Accept Monthly Housing Report.
C. Vicksburg Crossing. Accept Monthly Housing/Marketing Report.
3. PUBLIC HEARING
A. Housing Choice Voucher Program. Proposed changes to the Housing
Choice Voucher Administrative Plan.
4. ADJOURNMENT
DRAFT MINUTES
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
February 28, 2013
PRESENT: Chairman Jeff Kulaszewicz, Commissioners Paul Caryotakis, Carl Runck, Toni
Jelinek and Jim Willis
ABSENT: None
STAFF PRESENT: Housing Program Manager Jim Barnes, HRA Specialist Kip Berglund and
Office Support Representative Janice Bergstrom
OTHERS PRESENT: Grace Management Representative Jody Boedigheimer
1. CALL TO ORDER
Chair Kulaszewicz called the Plymouth Housing and Redevelopment Authority meeting to order
at 7:00 p.m.
2. CONSENT AGENDA
A. Approve January 24, 2013 HRA Meeting Minutes.
B. Plymouth Towne Square. Accept Monthly Housing Report.
C. Vicksburg Crossing. Accept Monthly Housing/Marketing Report.
MOTION by Commissioner Caryotakis, seconded by Commissioner Willis, to approve the
consent agenda. Vote. S Ayes. MOTION approved.
3. NEW BUSINESS
A. Community Development Block Grant.
Chairman Kulaszewicz introduced HRA Specialist Berglund who gave an overview of the
Community Development Block Grant program allocations staff report.
Chairman Kulaszewicz opened the public hearing.
Chairman Kulaszewicz introduced Jill Pautz, who represented Tree House. Ms. Pautz said Tree
House served an estimated 350-450 teens. Ms. Pautz said the four goals of the Tree House
program are to help teens reduce adverse behaviors, build healthy relationships, graduate from
high school and make plans for the future either through education or vocational school. Ms.
Pautz noted the slight decline -in residents served was due to a staff opening for most of the year,
which has now been filled, and they are already seeing growth. She said they did not have the
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Plymouth Housing and Redevelopment Authority
February 28, 2013
Page 2
number of students served by school district but will get that information. Ms. Pautz said most
of the teens served have no transportation and Tree House has three, 12 -passenger vans which
provide barrier free access that these kids need. Ms. Pautz stated the $10,000 they are requesting
covers the costs of a van for one year.
Chairman Kulaszewicz added one of the Board's goals is to serve residents of Plymouth so when
providing the statistics on the number of teens served to be mindftil of that.
Chairman Kulaszewicz introduced Tim Morin, Senior Comrntmity Services, Mr. Morin
reviewed the program services, which are provided on a sliding fee scale, and include outside
maintenance, lawn mowing, snow removal, and minor repairs. He said leaf raking and window
washing are provided by volunteers. Mr. Morin said 30 Plymouth seniors were served in 2011,
43 in 2012, and their goal is to serve 44 seniors in 2013. Mr. Morin stated the ten-year census
indicates an increase of 5,200 seniors in the city. He said the Senior Community Services help
residents to remain independent and helps to maintain the housing stock.
Commissioner Caryotakis asked how they draw volunteers for the projects.
Mr. Morin responded they could use thousands of volunteers. He cited Breck School, United
Health Corporation, and Allianz Corporation as some volunteer sources. Mr. Morin said the
focus has been shifting to technology with E -newsletters to make information available for
volunteers.
Chairman Kulaszewicz introduced Courtney Whited, People Responding in Social Ministry,
PRISM). Ms. Whited said the PRISM Express is a door to door, dial -a -ride transportation
service for suburbs including the eastern portion of Plymouth. Ms. Whited said 50 persons were
served for a total of 120 rides which can be for medical, social, shopping, recreational or
volunteering. Ms. Whited said they hope to expand their services to St. Louis Park and Edina.
Chairman Kulaszewicz asked how they make the public aware of this transportation service.
Ms. Whited responded this a faith -partnered program with 29 churches in the area and most of
their volunteers are from Mount nlivet in Plymouth, Ms. Whited says she does a bldg, there are
Facebook entries, a regularly updated website, and brochures are posted at coffee shops,
Plymouth Creek Center, etc.
Commissioner Runck asked if they have considered serving residents at Vicksburg Crossing and
Plymouth Towne Square.
Housing Program Manager Barnes said these two senior buildings are out of the service district
for PRISM Express as I-494 is the cutoff. He said Interfaith Outreach Community Partners
IOCP) is the social service agency for the western portion of Plymouth, but does not have a
transportation program. Housing Program Manager Barnes said we try to make residents in our
buildings aware of Dial -A -Ride and the Metro Link.
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PIymouth Housing and Redevelopment Authority
February 28, 2013
Page 3
Ms. Whited added they do individual contracts with senior high rises outside their service
district. She said these contracts can be negotiated for services based on their needs and how
often transportation is needed. Ms. Whited said they try to keep it affordable, i.e. $40.00 per
hour for a group trip service. Ms. Whited said she is working with LaDonna Hoy as IOCP
recently formed a task force to determine how to serve residents in the western suburbs. She said
Wayzata is very interested as Presbyterian Homes is going in.
Housing Program Manager Barnes asked about the size of the vans.
Ms. Whited said they have a new 14 -passenger bus that has slots for grocery bags. She said they
need to be able to set up for individual shopping trips and configure the buses for walkers and
grocery bags. She said their largest bus is for 20 people (18 + 2 wheel chairs).
Housing Program Manager Baines expressed interest in this option to provide needed
transportation for our seniors.
Chairman Kulaszewicz introduced Eric Hauge, Home Line. Mr. Hauge said Home Line, a non-
profit tenant hot line served 232 Plymouth renter households for an estimated total of 580
residents in 2012. He said they assist renters who have questions on their rights, offer basic and
common sense advice for any situation with neighbors or landlords, and provide legal forms.
Mr. Hauge said the primary issues for Plymouth residents were security deposits, evictions and
repaiTs. Mr. Hauge said they saved or recovered for renters an estimated $38,000 in repairs, rent
abatements, or return security deposits, and helped prevent 19 evictions.
Chairman Kulaszewicz introduced Carol Watson, Community Action Partnership of Suburban
Hennepin (CAPSH). Ms. Watson said they provide service for a full -cycle home ownership
program and make a significant difference for people buying their first home, maintaining and
holding on to that home, repair services, and providing seniors information to make financially
sound decisions about reverse mortgages. In 2012 CAPSII served 63 Plymouth households (142
residents). Ms. Watson said 26 were foreclosure prevention, and statistics indicate the sooner a
homeowner seeks financial counseling, the more positive the resolution to mitigate financial
burdens and retrain in their homes, Ms. Watson said other services include energy assistance-,
legal services, tax filing, and immigration services.
Chairman Kulaszewicz closed the public hearing.
Commissioner Willis thanked the speakers for presenting their programs and the important work
they do to make the lives of our citizens easier.
Chairman Kulaszewicz said we are limited to 15% of CDBG money for certain social services,
but he would like to see that money spread out to more people, i.e. ten rather than five agencies.
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Plymouth Housing and Redevelopment Authority
February 28, 2013
Page 4
Commissioner Caryotakis questioned if there will be a point where funding would be prioritized
as available funds decline.
Housing Program Manager Barnes said in our 10 -year history CDBG Rinds have decreased by
100,000 and with sequestering, we could possibly lose another $20,000. Housing Program
Manager Barnes added the city funds social service agencies with approximately $112,000 a
year. He said we do not advertise as there are limited finding sources and there are many non-
profits who need money, but geographically it is difficult to fund more organizations. Housing
Program Manager Barnes added only six responded of the 10 who were notified of the request
for proposal.
Commissioner Jelinek asked if the recommended amounts were requested by the non-profit or
are they the same amount they received in the previous year.
Housing Program Manager Baines said the recommended amounts listed in the action plan were
the amounts requested by each agency with the exception of CAPSH. He said their requested
amount was reduced by $1,000 but did result in an increase over the 2012 allocation.
Commissioner Jelinek said the $2,300 amount to PRISM Express is small, and asked how it
would affect thein if they did not get this amount.
Housing Program Manager Barnes said their budget information is provided with their
application. He said if PRISM Express did not get the $2,300 they might not be able to serve
Plymouth to the extent they currently do. Commissioner Willis noted PRISM is expanding so
they must have other funding sources.
Commissioner Jelinek said the amounts do not seem large for the work they do and she was
curious what percent of their overall budget these amounts represent. Commissioners Willis and
Commissioner Caryotakis concurred this could be useful information if we are going to be
looking at funding cuts.
Housing Program Manager Barnes asked if this year's CDBG funding allocation is reduced,
whether there is a preference by the Board to reduce all programs equally or reduce only the
rehab and first time homebuyer programs.
Chairman Kulaszewicz said the latter would be his preference as the first time homebuyer
program serves one or two people while the other programs serve more people.
Chairman Kulaszewicz asked if there would be funds paid back from loans in other programs.
Housing Program Manager Barnes said we estimate $20,000 per program each year, but it is
difficult to predict what funding we would get back from the rehab or first time homebuyer
programs as we don't know when someone is selling or moving out,
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Plymouth Housing and Redevelopment Authority
February 28, 2013
Page 5
Chairman Kulaszewicz asked if there are reserve funds we are allowed to use.
Housing Program Manager Barnes said the HRA general fiend reserves could be used to
supplement the two programs. He said the HRA Board would be kept informed if any programs
were out of funds and the Board could discuss funding options at that time.
Chairman Kulaszewicz asked if funding for transportation for senior buildings would come out
of the social services budget and asked if it could come out of CDBG. He questioned reducing a
current program and specifying dollars toward our residents in senior buildings.
Housing Program Manager Barnes said funding would not come from CDBG. He stated that the
CDBG funds are to be available for the entire community of Plymouth.
MOTION by Commissioner Caryotakis, seconded by Chairman Kulaszewicz, to forward the
recommendation on 2013 Community Development Block Grant (CDBG) program allocations to
the City Council.
Vote. 5 Ayes. MOTION passed unanimously.
4. NEW BUSINESS
A. Election of Officers.
MOTION by Commissioner Caryotakis, seconded by Commissioner Willis, nominating
Chairman Kulaszewicz as chair. Vote. 5 Ayes. MOTION passed unanimously.
MOTION by Chairman Kulaszewicz, seconded by Commissioner Willis, nominating
Commissioner Caryotakis as vice-chairman. Vote. 5 Ayes. MOTION passed unanimously.
MOTION by Chairman Kulaszewicz, seconded by Commissioner Caryotakis, nominating
Commissioner Runck as secretary. Vote. 5 Ayes. MOTION passed unanimously.
5. ADiOURNMT+'NT
MOTION by Chairman Kulaszewicz, without objection, to adjourn the meeting at 7:52 p.m.
P
PLYMOUTH
TOWNE SQUARE
MEMORANDUM
To: Jim Barnes
From: Jeff Lelivelt, Managing Director, Plymouth Towne Square
Date: March 14, 2013
Re: PTS Monthly Report for February, 2013
March Newsletter and Calendar attached
Occupancy/Marketing
New residents moved into Apartment # 310 (2 bedroom) on 2/13/2013.
Current resident moved from Apartment # 113 (2 bedroom) into # 210 (1 bedroom)
effective 31112013.
Re -showed Apartment #227; anticipated move in date is 311612013.
Showed Apartment # 316 (2 bedroom); security deposit accepted; anticipated move in
date is 31112013.
Showed Apartment # 113; security deposit accepted; anticipated move in date is
41112013.
AdministrativelBuilding_Operations
A showroom floor model recumbent bicycle was delivered 211312013. It ceased working
and repair order was issued on 2119113. The repair was unsuccessful. A replacement
bike was ordered with an anticipated delivery date of a new bike by first week in March.
The resident computers were cleaned and repaired on 211812013.
On 2126/2013 it was discovered that the wireless router for the computers was not
secure. The system was repaired on 2/27/2013.
The PTS Flu Fighters continued their efforts to keep influenza out of our community.
The emergency generator tripped the warning system. We have ordered the valve
necessary to prevent this from happening in the future.
15500 37th Avenue North • Plymouth, MN 55446-3250
Phone: (763) 550-9525 • Fax: (763) 551-0144
Owned by Plymouth idousing and Redevelopment Authorky
Resident Services
The annual Valentine's Day Party was held on 2/14/2013. 53 people attended.
The monthly pancake breakfast was held on Saturday 2116. 47 people attended.
Taylor Marie visiting Clothes Shop held a sale in the dining room on 2121/2013.
Phil, the pharmacist from Lund's Grocery Store gave a presentation on 2/21/2013
following the clothes sale. His topic was diabetes. There were 15 people in attendance,
the largest crowd he has had at PTS.
Balance Sheet
P YMOUTH TOWNS SQUARE
As Of February 28, 2013
Ending Balance
R*44M
CURRENT ASSETS
M I PETTY CASH 500
M I OPERATING ACCOUNT 44,769
M I SEC DEPOSIT CASH ACCOUNT 53,193
INVESTMENTS -WORKING CAPITAL FUND 801,591
INVESTMENTS - NEW DEBT SERVICE 3,331,018
ACCOUNTS REC-TENANTS 4,620
INTEREST RECEIVABLE 2,567
PREPAID PROPERTY INSURANCE 7,369
PREPAID OTHER 3,694
TOTAL CURRENT ASSETS
FIXED ASSETS
LAND 459.247
SITE IMPROVEMENTS 111,390
BUILDING 5,767,619
BUILDING IMPROVEMENTS 301,779
FURN, FIXT & EQUIP -GENERAL 250,941
FURNITURE & FIXTURES - HOUSEKEEPING 8,696
COMPUTERSIOFFIGE EQUIPMENT 13,060
ACCUMULATED DEPRECIATION 3,205,642)
TOTAL FIXED ASSETS
NON-CURRENT ASSETS
DEFFERED CHG-BOND ISS COST 2011A 34,987
DEFERRED CHG - ORIG 155 COSTS 14,567
DEFERRED CHG - BOND ISS COSTS 19,489
TOTAL NON-CURRENT ASSETS
TOTAL ASSETS
Total
4,249,321
3,707,089
69,043
8,025,452
Balance Sheet
PLYMOUTH TOWNE SQUARE
52,950
As Of February 28, 2013
3,075,000
BONDS PAYABLE- SERIES 2011A
Ending Balance Total
LIABILITIES
26,338)
CURRENT LIABILITIES
74,243
ACCOUNTS PAYABLE -TRADE 12,540
ACCRUED PAYROLL 3,771
ACCRUED COMPENSATED BALANCES 1,673
ACCRUED INTEREST 118,268
ACCRUED REAL ESTATE TAXES 4,584
ACCRUED OTHER 217
TOTAL CURRENT LIABILITIES 141,054
LONG-TERM LIABILITIES
SECURITY DEPOSITS 52,950
BONDS PAYABLE 3,075,000
BONDS PAYABLE- SERIES 2011A 3,155,000
BOND DISCOUNT 26,338)
BOND PREMIUM 74,243
TOTAL LIABILITIES
EQUITY
RETAINED EARNINGS RSRVD FOR DS
RETAINED EARNINGS
TOTAL EQUITY
CURRENT YEAR INCOIVIEIjLOSSj
TOTAL LIABILITIES & EQUITY
3,275,369
1,754,568)
6.340.865
6,461, 919
1,520,801
22,733
8,025,452
Profit and Loss Variance
PLYMOUTH TOWNE SQUARE
Tl rough February 28, 203
MTD Actual Budget Var. YTD Actual Budget Var. Year Budget
INCOME
APARTMENT RENTAL REVENUE 51,062 53,671 2,609) 102,905 107,342 4,437} 644,052
HRA INOIVIOUAL 17,167 17,167 0 34,334 34,334 0 206,004
GARAGE RENT 2,970 2,680 90 5,840 5,760 180 34,560
GUEST ROOM REVENUE 0 193 193) 0 386 386) 2,316
LAUNDRY REVENUE 666 890 224) 1,581 1,780 199) 10,680
APPLICATION FEE REVENUE 105 53 52 175 106 69 635
TRANSFER FEE REVENUE 0 0 0 0 0 0 5DD
INVESTMENT INCOME 839 833 6 1,678 1,666 12 9,996
MISCELLANEOUS REVENUE 0 275 275) 50 550 500) 3,30D
TOTAL INCOME 72,809 75,962 3,153) 146,663 151,924 5,262) 912,044
EXPENSES
ADMINISTRATION
MANAGER SALARIESANAGES 3,269 3,750 481 6,809 7,500 511 45,000
PAYROLL TAXES 669 692 23 1,324 1,384 60 8,304
HEALTH INSURANCE 445 1,050 605 891 2,100 1,209 12,600
WORKERS COMP INSURANCE 53 170 125 106 356 250 2,136
MAINTENANCE SALARIESNVAGES 1426 1,551 125 2,963 3,102 139 18,512
MAINTENANCE ASST SALARIESIWAGES 683 988 105 1,834 1,976 142 11,856
EMPLOYEE COSTS 60 51 29) 180 102 58) 512
SEMINARITRAINING 0 25 25 0 50 50 300
BANK FEES 7 5 2) 12 10 2) 60
DUES, SUBS 8 MEMBERSHIPS 0 0 0 0 0 0 55
LICENSE B PERMITS 0 0 0 0 0 0 894
MILEAGE REIMBURSEMENT 69 78 9 1B8 156 32) 936
POSTAGEIOVER NIGHT EXPRESS 0 B 8 0 16 16 161
PRINTING 150 10 140) 150 20 13G) 120
MANAGEMENT FEES 4,40D 4,400 0 0,80D 8,800 0 52,800
PROFESSIONAL FEES 129 300 172 174 600 427 3,600
TELEPHONE EXPENSE 47B 470 8) 960 940 20) 5,640
EQUIPMENT LEASEIREPAIR 0 130 130 268 260 8) 1,560
OFFICE SUPPLIES 101 05 16) 262 170 92) 1,D20
MISCELLANEOUS ADMIN EXPENSE 0 10 10 0 20 20 120
TOTAL ADMIN EXPENSES 12,169 13,781 1,622 24,980 27,562 2,562 160,306
RESIDENT SERVICES
RESIDENT PROGRAMIACT1VkTIFS 325 300 25) 456 500 44 5,000
TOTAL RES SERV EXPENSES 325 309 25) 456 500 44 5,090
MARKETING
ADVERTISING 0 15 15 0 30 30 180
TOTAL MARKETING EXPENSES 0 15 15 0 30 30 160
HOUSEKEEPING
CONTRACT LABOR 1.394 1.489 96 2,822 2,970 156 17,868
CLEANING SUPPLIES 0 200 200 197 400 203 2,400
TOTAL HOUSEKEEPING EXPENSES 1,394 1,689 296 3,019 3,378 359 20,266
Profit and Loss Variance
PLYMOUTH TOWNE SQUARE
Through February 28, 2013
MTD Actual Budget Var. YTD Actual Budget Var. Year Budget
BUILDING & GROUNDS
CABLE TV EXPENSE 56 60 4 111 120 9 720
UTILITIES - ELECTRICITY 2,333 1,243 1,890) 4,719 3,586 1,133) 24,966
UTILITIES - GAS 2,905 3,900 995 5,811 8,200 2,389 24,525
UTILITIES - WATERISEWER 638 665 47 1,182 1,330 148 9,320
WATER SOFTENING SERVICE 221 345 124 419 690 271 4,140
DOORS, KEYS & WINDOWS 0 428 428 138 856 718 5.136
FIRE SYSTEM SERVICE 1,273 400 873) 7,363 800 583) 4,800
LAWN SERVICEILANDSCAPISNOW RMVL 4,224 1,600 2,624) 6.343 3,260 3,143) 19,200
PESTCONTROL 0 473 473 0 946 946 5,676
TRASH REMOVAL 371 670 290 1,407 1,340 67) 8,040
UNIT TURNOVER REPAIRS 3,184 3,859 fi86 9,834 7,700 2,134) 46,200
RESERVE)REPLACE CAPITAL EXPENSE 1,633 0 1,833) 1,833 3,600 33) 28,200
ELEVATOR -REPAIRS & MAINTENANCE 505 623 116 1,011 1,246 235 7,476
REPAIRS & MAINTENANCE 276 1,500 1,224 398 3,060 2,802 40,000
BUILDING GROUNDS SUPPLIES 74 1,600 1,526 693 3,200 2,697 19,200
RVAC - REPAIRS & MAINTENANCE 218 900 662 437 1,800 1.363 10,800
MISCELLANEOUS 0 & G EXPENSES 0 15 15 0 30 30 180
TOTAL BUILDING & GROUNDS 18,092 18,272 180 35,599 39,844 4,246 258,579
OTHER OPERATING EXPENSES
PROPERTY & LIABILITY INSURANCE 2,409 2,592 183 4,819 5,184 365 31,104
PAYMENT IN LIEU OF PROPERTY TAX 2,600 2,566 22) 5,263 5,332 69 31,992
TOTAL OTHER OPERATING EXPENSES 5,098 5,2558 160 10,062 10,516 434 63,096
TOTAL OPERATING EXPENSES 37,067 39,315 2,248 74,136 81,830 7,694 513,509
NET OPERATING INCOME I ( LOSS) 35,742 36,647 1905] 72,527 70,094 2,433 398,535
EIEPREC, INTEREST & OTHER EXPENSE
DEPRECIATION EXPENSE 16,450 16,833 383 32,899 33,666 767 201,998
AMORTIZATION EXPENSE 465 250 215) 930 500 430) 3,000
INTEREST EXPENSE 7,982 7,982 0 15,965 15,964 1) 95,784
TOTAL DEPREC, INTEREST & OTHER 24,897 25,065 168 49,794 50,130 336 300,780
NET INCOME I (LOSS) 10,845 11,582 737) 22,733 19,964 2,769 97,755
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We ordered a new recumbent exercise for PTS.
It was delivered and worked great....for 2 a day.
Then it died. We are having it replaced. This should
occur by February 27. We'll see.
The March Resident Meeting and Birthday Celebration
will happen at fpm on Thursday 3/21/2413. Come one,
Come all.
Who is Gideon Sundback?
The March Resident Breakfast
will be held on Saturday March
16th f rom 8:34-10 am. I wonder
what Ray will be cooking up this
month....something delicious I'm sure.
I am looking for volunteers to take pictures at our
various PTS events. Please let me know if you're
interested.
I'm not clumsy.....it's just that the f loor hates me, the
tables and chairs are bullies and the walls just plain old
GET IN THE WAY!!!!!
The TAX DUDES will be here on Tuesday March
12th at 9 am. Make sure to sign up if you want
your taxes done.
Gideon Sundback invented the zipper in 1913.
Safety Tip:
While parking anywhere,
remember to keep valuables
out of sight. Don't let anyone
think that it would be
worthwhile to no your
window and steal your stuff!
Remember:
KEEP YOUR FUNK IN THE TRUNK H
Don't look back....you're not going that way.....
We are looking to hold a
SPRING FLING PARTY
the f irst week in April.
Let me know if you have any ideas.
PLEASE DO NOT PUT
PROHIBITED ITEMS IN
THE DUMPSTERS!!
THESE INCLUDE
CHAIRS, DESKS, SOFAS,
TABLES, BOX SPRINGS,
BEDS, TV'S, COMPUTERS OR ANY
ELECTRONICS.
One good thing about musi c....when it hits
you, you feel no pain.
Please welcome Jer'r'y and Lorraine Maley into the
PTS community with 3 new residents to move in during
March.
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MEMORANDUM
To: Jim Barnes
From: Sara Paquette
Date: March 13, 2013
RE: Vicksburg Crossing Monthly Report for February 2013
March Newsletter and March Calendar attached
Rentals:
As of February 28th we have 92 occupied apartments with 2 vacant, and we have 2 deposits at this time,
giving us a total of 0 apartments available to rent. The Low Income Apartment waiting list now has 39
names so we have been adding interested people to the list.
Listed below is a breakdown of units that are occupied and vacant.
Style (Total #)
Square Feet Bedrooms
Occupied Vacant Deposits Est'd Move in
Style A (23) 850 Sq Ft 1 Bedroom
23 0 0
Style C (8) 884 Sq Ft 1 + Den 8 0 0
Style C2 (8) 950 Sq Ft 1 + Den S 0
0
Style D (8) 1187 Sq Ft 2 Bedroom S 0 0
Style D2 (4) 1281 Sq Ft 2 Bedroom 4 0 0
Style E (7) 1055 Sq Ft 2 Bedroom 7 0
0
Style E2 (3) 1055 Sq Ft 2 Bedroom 2 1 1 March Ist
Affordable
33) 725 Sq Ft 1 Bedroom 32 1 1 March 23rd
TOTALS 1 192 12 12
3155 `iclxsburg Lane l • 1'lymoutli, 1vIN 55447 • Phone (763)559-1877 • Fax (763)559-01.44 • WWW.ei.p)ymouth.nin.us
Ownecl by Plyinouth Housing alio Redevelopment Authority
EQUAL HOUSING
OPPORTUNITY
Move-Ins/Move-Outs:
In February we had 2 people move in, one into an affordable apartment and one into a market rate 1
bedroom apartment. We had no move outs during the month of February.
Marketing
We have been very busy. At this point we have been able to cut back on some of our advertising because
we have been consistently showing apartments and receiving deposits. We continue to get more inquiries
through our website then we have had previous years.
Resident Services
We had a fun Valentine's Day party. The Plymouth Rockers returned to perform and we had a luncheon
including roast pork, green beans, mashed potatoes and gravy, dinner roll and cookies for dessert. The
food was provided by the Lookout Bar and Grill. The residents really enjoyed everything.
Phil, the pharmacist from Lund's, came to talk to residents during coffee on Wednesday, February 27`x.
His subject this time was diabetes. Everyone that attended found it informative and helpful. He
explained the different types of diabetes, symptoms of diabetes, how you can help prevent it, and how to
manage it if you do have diabetes.
We had our monthly birthday party on Thursday, February 21 st. We decorated with balloons, festive
napkins and plates. We listed the birthday people on a balloon poster and sang Happy Birthday. We also
give each resident a card on their birthday.
Buildin I sues
We had all the common area carpet cleaned this month.
Balance Sheet
VICKSBURG CROSSING
As Of February 28, 2013
Ending Balance
ASSETS
CURRENT ASSETS
M I PETTY CASH 612
M I OPERATING ACCOUNT 523,242
M I SECURITY CASH ACCOUNT 55,727
INVESTMENTS - WORKING CAPITAL FUND 317,803
INVESTMENTS - DEBT SERVICE 438,083
ACCOUNTS REC-TENANTS 516
INTEREST RECEIVABLE 1,80
ACCOUNTS REC-OTHER 10
PREPAID PROPERTY INSURANCE 7,726
PREPAID OTHER 4,329
TOTAL CURRENT ASSETS
FIXED ASSETS
LAND 874,593
SITE IMPROVEMENTS 238,793
BUILDING 9,025,428
FURNITURE, FIXTURES & EQUIP -GENERAL 348,957
COMPUTERSIOFFICE EQUIPMENT 4,711
ACCUMULATED DEPRECIATION 2,301,784)
TOTAL FIXED ASSETS
NON-CURRENT ASSETS
BOND ISSUANCE COST
TOTAL NON-CURRENT ASSETS
51,919
Total
1,349,849
8,190, 698
51,919
TOTAL ASSETS 9,592,465
Balance Sheet
VICKSBURG CROSSING
As, Of February 28, 2013
Ending Balance
LIABILITIES
CURRENT LIABILITIES
ACCOUNTS PAYABLE -TRADE 13,703
HEARTS & MEMORIALS FUND DONATIONS 112
ACCRUED PAYROLL 4,144
ACCRUED COMPENSATED BALANCES 1,673
ACCRUED INTEREST 271,650
ACCRUED REAL ESTATE TAXES 51,830
ACCRUED OTHER 2,746
TOTAL CURRENT LIABILITIES
LONG-TERM LIABILITIES
SECURITY DEPOSITS
BONDS PAYABLE
BOND DISCOUNT
TOTAL LIABILITIES
EQUITY
RETAINED EARNINGS-RSRVD FOR DS
RETAINED EARNINGS
TOTAL EQUITY
CURRENT YEAR INCOME!(LOSS)
TOTAL LIABILITIES $ EQUITY
55,721
10,065,000
27,440)
416,518
1,248,022)
Total
355,859
10,093,281
10,449,140
831,504)
25,171)
9,592,465
Profit and Loss Variance
VICKSBURG CROSSING
Through February 28, 2013
MTD Actual Budget Var. YTD Actual Budget Var. Year Budget
INCOME
APARTMENT RENTAL REVENUE 91,190 88,114 3,046 180,500 176,266 4,212 1,060,248
APARTMENT RENTAL REVENUE - COUNTY 2,135 2,646 511) 4,270 5.292 1,022) 31,752
HRA SUBSIDY - TAX LEVY 2,500 2,500 0 5.000 5,000 0 30,000
GARAGE RENT 3,008 2,925 83 6,023 5,850 173 35,100
GUEST ROOM REVENUE 0 100 100) 70 200 130) 1,200
LATE FEE REVENUE 30 15 15 60 30 30 180
APPLICATION FEE REVENUE 35 53 1 B) 105 105 1) 636
TRANSFER FEE REVENUE 0 0 0 300 0 300 1,000
INVESTMENT INCOME 756 750 6 1,512 1,500 12 9,0D0
MISCELLANEOUS REVENUE 270 630 360) 715 1,260 545) 7,560
TOTAL INCOME 99,924 97,763 2,161 198,555 195,526 3,029 1,176,676
EXPENSES
ADMINISTRATION
MANAGER SALARIES 3,819 4,137 318 8,047 8,274 227 48,644
PAYROLL TAXES 718 734 16 1,416 1.468 52 8,806
HEALTH INSURANCE 1,060 1,233 173 2,119 2,466 347 14,796
WORKERS COMP INSURANCE 41 160 119 79 320 241 1,920
MAINTENANCE SALARIEWWAGES 1,426 1,551 125 2,963 3,102 139 18,612
MAINTENANCE ASST SALARIES 683 9B6 105 1,834 1,976 142 11,856
EMPLOYEE COSTS 80 51 29) 160 102 58) 612
SEMINAR7RRAINING 0 25 25 0 50 50 300
BANK FEES 0 5 5 0 10 10 69
DUES, SUBS S MEMBERSHIPS 0 10 10 0 20 20 120
LICENSE 8 PERMITS 0 0 0 676 676 0 878
MILEAGE REIMBURSEMENT 60 68 B 115 136 21 815
POSTAGFlOVERNIGHT EXPRESS 4 11 7 37 22 15) 132
PRINTING 0 5 5 0 10 1D 60
MANAGEMENT FEES 4,000 4.000 0 8,000 8,000 0 48,000
PROFESSIONAL FEES 0 225 225 106 450 344 2.700
TELEPHONE EXPENSE 505 507 2 1.009 1,014 5 6,084
EQUIPMENT LEASEIREPAIR 76 128 52 152 256 1C4 1,556
OFFICE SUPPLIES 50 85 35 50 170 120 1,020
TOTAL ADMIN EXPENSES 12,720 13,923 1,203 26,764 28,522 1,758 167,952
RESIDENT SERVICES
RESIDENT PROGRAWACTIVITI ES 429 275 154) 749 550 199) 4,825
TOTAL RES SERV EXPENSES 429 275 154) 749 550 j1991 4,825
MARKETING
ADVERTISING 950 7,406 6,458 1,265 7,808 6,543 11.808
PROMOTIONALIPARTIES 0 100 100 0 100 100 900
TOTAL MARKETING EXPENSES 960 7,608 6,558 1,265 7,968 6,643 12,708
HOUSEKEEPING
CONTRACT LABOR 926 1,040 114 1,852 2,080 228 12,480
CLEANING SUPPLIES 74 120 46 137 240 103 1,440
TOTAL HOUSEKEEPING EXPE=NSES 1,00D 1,16D 160 1,988 2,320 332 13,920
Profit and Loss Variance
l ICKSBURG CROSSING
Through February 28, 2093
MTD Actual Budget Var, YTD Actual Budget Var. Year Budget
BUILDING 6 GROUNDS
CABLE TV EXPENSE 120 123 3 240 246 6 1,476
UTILITIES - ELECTRICITY 1,970 1,682 208) 3,852 _ 4,374 522 27,437
UTILITIES - GAS 4,255 3,392 663) 9,467 7,630 1,837) 18,794
UTILITIES - WATERISEVVER 1,001 925 76) 1089 1,050 39) 12040
WATER SOFTENING SERVIC E 168 141 27) 349 282 67) 1.692
DOORS, KEYS & WINDOWS 2 93 91 4 186 182 1.116
FIRE SYSTEM SERVICE 53 321 268 105 642 537 3.852
LAWN SERVICEILANDSCAPISNOW RMVL 2,712 1,500 1,212) 4,138 3,000 1,138) 18,000
PEST CONTROL 0 625 625 1,061 1,256 189 5,672
TRASH REMOVAL 941 800 141) 1,791 1,500 191) 9,500
UNIT TURNOVER REPAIRS 5,135 2,667 3,469} 9,005 5,334 3,671) 32,004
ELEVATOR-RFPAIRS & MAINTENANCE 413 460 47 815 920 105 5,520
REPAIRS & MAINTENANCE 1,011 1,200 189 4,080 2,400 1,680) 27,400
BUILDING & GROUNDS SUPPLIES 342 800 458 784 1,600 816 9,600
HVAC - REPAIRS & MAINTENANCE 1,344 710 634} 2,277 1.420 852) 8,520
MISCELLANEOUS B & G EXPENSES 0 15 15 0 30 30 180
TOTAL BUILDING & GROUNDS 20,468 15,454 5,014) 39,852 32,764 7,088) 182,903
OTHER OPERATING EXPENSES
PROPERTY & LIABILITY INSURANCE 2.541 2,669 128 5,082 5,338 256 32,028
PAYMENT IN LIEU OF PROPERTY TAX 4,704 4,490 214) 9,098 8,980 118) 53,880
TOTAL OTHER OPERATING EXPENSES 7,245 7,159 86) 14,160 14,316 13B 85,908
TOTAL OPERATING EXPENSES 42,812 45,479 2,667 84,799 86,382 1,683 468,216
NET OPERATING INCOME I( LOSS) 57,112 62,284 4,828 113,756 109,144 4,612 708,460
DEPREC, INTEREST & OTHER EXPENSE
DEPRECIATION EXPENSE 30,723 30,646 77) 61,445 61,292 153) 367,752
AMORTIZATION EXPENSE 325 303 22) 651 606 45) 3,636
INTEREST EXPENSE 30,415 38,415 9 76,030 76,830 460,980
TOTAL DEPREC, INTEREST & OTHER 69,463 69,364 99) 138,926 139,728 1198) 832,360
NET INCOME ) (LOSS) 12,361) 17,986) 4,729 25,171) 29,564) 4,413 123,908)
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Vicl:sb ur.g CrOssing
March 2013
Several residents have inquired about signing up for garden plots, hope-
fully this means spring is right around the corner. I love the optimistic
outlook! We will have an announcement in the April newsletter about the
garden plots and there will be a sign up sheet outside my office at the be-
ginning of April. I'm glad that we have some interested gardeners!
It was fun to have the Plymouth Rockers return to Vicksburg Crossing for
our Valentine's Day party. We had a good crowd and everyone enjoyed
both the music and a wonderful lunch provided by Lookout Bar and Grill.
Spring Fling
Wednesday, March 20th is the day that spring begins and after a long
Minnesota winter we deserve to celebrate it's arrival. We will be having
a musical group The Gloryland Gospel Band perform. They have never
performed here and I think everyone will enjoy their music. The party
will start at 6:30 in the community room. We will be serving coffee and
dessert followed by the performance. The cost is $2.00 and you may sign
up in the office. No volunteers are necessary for this event
but help is always appreciated!
Welcome!
We have one new resident this month.
Please welcome Mary Ann Long who moved into apartment 213.
Welcome to Vicksburg Crossing!
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Rent is due on or before Tuesday, March 5th % i }
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Hapy Birthd.a to the following
residents this month:
March birthdays will be celebrated on
Thursday, March 21st at 2:00
in the Community Room
The birthday celebration is open to all residents who
wish to come down and help us celebrate.
Even if it's not your birthday)
kv Our birthday party is always on the 3rd Thursday of the month.
kv
Helen Freng March 4th
kv
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Nancy Holter
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Diane Nelson
Sam Gendler
Dorothy Shoemaker
March 14th
March 21 st
March 22nd
March 23rd
Jean Gimmestad March 29th
Nedra Halsted March 31 st
Frank Heglund March 31 st
Country Hearth Bread
If you are looking for a good deal on bread don't forget to check out the local
Country Hearth outlet store. I am told it is reasonably priced
and on Wednesdays and Saturdays they offer
another 15% off.
Irish Blessings
May the road rise to meet you, may the wind be always at your back.....
May god bless us with happiness,
May love and faith abide.....
May your neighbors respect you,
And troubles neglect you.....
May your pockets be heavy and your heart be light,
May good luck pursue you each morning and night.....
Dance as if no one were watching,
Sing as if no one is listening,
And live each day as if it were your last.
rj•
Maintenance and Building Updates
During the spring and summer we schedule a lot of projects around the
building. This month we will be scheduling resident carpet cleaning for
those who are due for a 3rd year cleaning. The carpet cleaners will be
here on Tuesday, March 5th and Wednesday, March 6th.
1 would like to remind everyone that you may not store items in the
parking garage in front of your car. The only items you may leave in your
parking spot are carts, wheel chairs, walkers, and windshield washer fluid.
Comcast has updated and they now require all televisions to have a digital
box. So we now have a box on the television in our exercise room and
there has been some confusion concerning the remote. We have posted
instructions in the exercise room but a resident asked me to also include
them in the newsletter: To turn on the TV you press the red "all on" but-
ton and then the power button and to turn it off repeat the process, press
the "all on" button and then the power button.
Thank You!
Income Tax Service for Seniors
Volunteers from AARP will help seniors with their taxes on Wednesdays from February 13th
through April 10th at Plymouth Creek Community Center.
Please bring all your documents with you.
There is no charge but you must call to make an appointment:
W40 ', 763-509-5280
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Agenda Number i •
PLYMOUTH HOUSING AND
REDEVELOPMENT AUTHORITY
STAFF REPORT
TO: Plymouth Housing and Redevelopment Authority
FROM: Denise Whalen, Support Services Manager through Steve Juetten,
Executive Director
MEETING DATE: March 28, 2013
SUBJECT: Proposed Changes to the Administrative Plan for the Housing Choice
Program
BACKGROUND:
Per Section 14II.D., of the Administrative Plan, the IIRA will review and update the plan at least
once a year or more often as needed to reflect changes in regulations, HRA operations, or when
needed to ensure staff consistency in operation. Notice PIH 2013-03 (attached) was issued by
IIousing and Urban Development (HUD) on January 22, 2013. Staff is proposing to implement
several of the streamlining options, and as such, requires changes to the Administrative Plan.
A public hearing must be held; members of a resident advisory board must have the opportunity
to review and comment on the Plan; and, the HRA Board of Commissioners must approve the
Plan. As required, a forty-five day notice was published in the Plymouth Sun -Sailor for the
public hearing to be held Thursday, March 28, 2013. The proposed changes were submitted to
the members of the MRA's Section 8 Resident Advisory Board for review and comment. No
comments or objections were received from the Resident Advisory Board Members,
PROPOSED CHANGES:
Staff is proposing the following policy changes to the Administrative Plan;
Chapter 3, 31H..D. Screening — Screeningfor Eligibility (Page 3-19). Add the requirement
of obtaining a criminal history report from the Bureau of Criminal Apprehension or
similar agency if outside Minnesota if the police department confirms than an adult family
member has a record.
Chapter 4, 4-111. C. Selection Method — Order of Selection. (Page 4-9). Add wording for
families in project -based units. Add wording regarding issuing or absorbing vouchers.
Chapter 4 4-III.D. Notification of Selection (Page 4-9). Change the word "interview"
to "briefing".
Chapter 4, - 4-IILE. The Application Interview — (Page 4-10). Revised because staff does
not do a two step process of an interview and a briefing. Staff only conducts a briefing
when selected from the wait list. We determine eligibility and verification of
preference(s) after the briefing appointment.
Chapter 4, - 4-III.F. Completing the Application Process. (Page 4-11). Revised because
staff does not do a two step process of an interview and a briefing. Staff only conducts a
briefing when selected from the wait list. We determine eligibility and verification of
preference(s) after the briefing appointment.
Chapter 5, 54B. Briefing - (Pages 5-1 & 5-2). Revised because staff does not do a two
step process of an interview and a briefing. Staff only conducts a briefing when selected
from the wait list. We determine eligibility and verification of preference(s) after the
briefing appointment.
Chapter 5, 5-1.8. Briefing — Notification and Attendance. (Page 5-2). Added additional
clarification language.
Chapter 5, 5-1.8. Briefing Additional Items to Be Included in the Briefing Packet. (Page
5-4). Deleted change reporting form as this is only for people on the wait list.
Chapter 6, 6-11G, Assets. (Pages 6-12 & 6-13). Per PIII Notice 2013-03, streamlining
self -certification for assets under $5,000).
Chapter 6, 6-I. G. Assets Types of Assets. (Page 6-15). Per P1H Notice 2013-03,
streamlining (Only for assets greater than $5,000).
Chapter 6, 64LA. Introduction — Anticipating Expenses. (Page 6-24). Delete wording as
income is calculated for the upcoming 12 months. The expenses are for what was actually
paid on for the previous 12 months and families are required to provide documentation of
such expenses.
Chapter 6, 6 -III. C. Applying Payment Standards — Changes in Payment Standards —
Reasonable Accommodation. (Page 6-36), Reference Notice P111 2013-03.
Chapter 7, 7-II.H. Verification of Preference Status. (Page 7-14). Delete the word
police" as they are not used to verify if someone is in a shelter or transitional housing.
Chapter 7, 7-111C Periodic Payments and Payments in Lieu of' Earnings. (Page 7-16).
Per Notice PIH 2013-03 (streamlining income for elderly and disabled families on fixed
income).
Chapter 8, 8-II1. B. When Rent Reasonableness Determinations Are Required. (Page 8-13).
Delete sentence, as the HRA does not require families to enter into a new lease each year.
It is up to the property owner/manager as to whether a new lease is required each year.
Chapter 9, 9 -IA. Tenant Screening. (Page 9-2). Clarification language added.
Chapter 13, 13-I.D. Owner Qualifications Owner Actions Thal May Result in
Disapproval of a Tenancy Request. (Pages 13-6 & 13-7). Delete "Section 8". Language
2
added pertaining to the requirement of attending a landlord briefing session. Additional
clarification language added.
Chapter 13, 13 -II E. Hap Contract Term and Terminations. (Page 13-12). Clarification
language added.
Chapter 16, 16-VII1B. Methodology. (Page 16-27). Language added pertaining to
insufficient funding.
Appendix A — Metropolitan Housing Opportunities Program Units. This was a section in
our previous Administrative Plan that was inadvertently omitted when the new
Administrative Plan was done.
RECOMMENDATION:
Staff recommends that after holding the scheduled public hearing and considering any
public comments, the HRA Board of Commissioners approve the proposed changes to the
Administrative Plan to be effective immediately.
ATTACHMENTS:
1. 1=1RA Resolution 2013-02
2. Proposed Changes to the Housing Choice Voucher Administrative Plan
3. Notice PIH 2013-03
3
CITY OF PLYMOUTH
HRA RESOLUTION 2013-02
A RESOLUTION TO APPROVE THE PROPOSED CHANGES TO THE HOUSING
CHOICE VOUCHER ADMINISTRATIVE PLAN
WHEREAS, the Housing and Redevelopment Authority (HRA) in and for the City of Plymouth,
Minnesota operates a Housing Choice Voucher Program; and,
WHEREAS, the IIRA has established a Resident Advisory Board, the membership of which
represents the residents assisted by the HRA; and
WHEREAS, the HRA made the proposed changes to the Administrative Plan and all information
relevant to the public hearing available for public inspection at least 45 days before the hearing,
published a notice that a hearing would be held and conducted a hearing to discuss the proposed
changes to the Administrative Pian and invited public comment; and,
WHEREAS, the Resident Advisory Board had an opportunity to review and comment on the
changes to the policies and programs before implementation by the HRA; and,
WHEREAS, the Administrative Plan and all attachments have been and will continue to be
available at all times and for public inspection at the primary business office of the HRA and posted
on the city's website; and,
NOW, TIIEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT
AUTORITY OF THE CITY OF PLYMOUTH, MINNESOTA, that the public hearing was held and
the proposed changes to the Administrative Plan were duly reviewed and approved by the HRA
Board.
Approved this 28`x'
day of March, 2013 by the Housing and Redevelopment Authority in and for the
City of Plymouth, Minnesota.
Any family member has committed fraud, bribery, or any other corrupt or
criminal act in connection with any federal or HRA housing program.
The family owes rent or other amounts to any HRA in connection with the HCV,
Certificate, public housing or other HRA programs, unless the family repays the
full amount of the debt prior to being selected from the waiting list.
If the family has not reimbursed any PHA for amounts the PHA paid to an owner
under a HAP contract for rent, damages to the unit, or other amounts owed by the
family under the lease, unless the family repays the full amount of the debt prior
to being selected from the waiting list.
The family has breached the terms of a repayment agreement entered into with the
HRA or another PHA, unless the family repays the full amount of the debt
covered in the repayment agreement prior to being selected from the waiting list.
A family member has engaged in or threatened violent or abusive behavior toward
HRA personnel.
Abusive or violent behavior towards HRA personnel includes verbal as
well as physical abuse or violence. Use of racial epithets, or other
language, written or oral, that is customarily used to intimidate may be
considered abusive or violent behavior.
Threatening refers to oral or written threats or physical gestures that
communicate intent to abuse or commit violence.
In making its decision to deny assistance, the HRA will consider the factors discussed in
Section 3-III.E. Upon consideration of such factors, the HRA may, on a case-by-case
basis, decide not to deny assistance.
3-III1). SCREENING
Screening for Eligibility
HRAs are authorized to obtain criminal conviction records from law enforcement agencies to
screen applicants for admission to the HCV program. This authority assists the HRA in
complying with HUD requirements and HRA policies to deny assistance to applicants who are
engaging in or have engaged in certain criminal activities. In order to obtain access to the records
the HRA must require every applicant family to submit a consent folin signed by each adult
household rnember [24 CFR 5.943].
IIRA Policy
The HRA will perform a criminal background check through the City of Plymouth Police
Department for every adult household member. If the police department confirms that an
adult family member has a record the HRA will require the adult household member to
provide their criminal history re ort. A criminal history re ort can be obtained through
the Bureau of Criminal Apprehension or similar state agency if outside Minnesota.
The IIRA is required to perform criminal background checks necessary to determine whether
any household member is subject to a lifetime registration requirement under a state sex offender
program in the state where the housing is located, as well as in any other state where a household
Plymouth HRA Page 3-19 HCV Adtninistrative. Plan
member is known to have resided [24 CFR 982.553(a)(2)(i)].
If the HRA proposes to deny assistance based on a criminal record or on lifetime sex offender
registration information, the HRA must notify the household of the proposed action and must
provide the subject of the record and the applicant a copy of the record and an opportunity to
dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR
5.903(f) and 5.905(d)].
Screening for Suitability as a Tenant [24 CFR 982.3071
The HRA has no liability or responsibility to the owner for the family's behavior or suitability
for tenancy. The HRA may opt to conduct additional screening to determine whether an
applicant is likely to be a suitable tenant.
HRA Policy
The HRA will not conduct additional screening to determine an applicant family's
suitability for tenancy.
The owner is responsible for screening and selection of the family to occupy the owner's unit.
The HRA must inform the owner that screening and selection for tenancy is the responsibility of
the owner. An owner may consider a family's history with respect to factors such as: payment of
rent and utilities, caring for a unit and premises, respecting the rights of other residents to the
peaceful enjoyment of their housing, criminal activity that is a threat to the health, safety or
property of others, and compliance with other essential conditions of tenancy.
HUD requires the HRA to provide prospective owners with the family's ci Tent and prior address
as shown in HRA records) and the name and address (if known) of the owner at the family's
current and prior addresses. HUD permits the HRA to provide owners with additional
information, as long as families are notified that the information will be provided, and the same
type of information is provided to all owners.
HRA Policy
The HRA will inform owners of their responsibility to screen prospective tenants, and
will provide owners with the required known name and address information, at the time
of the initial HQS inspection or before. The HRA will not provide any additional
information to the owner, such as tenancy history, criminal history, etc.
34H.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence f24 CFR 982.553(c)]
HRA Policy
The HRA will use the concept of the preponderance of the evidence as the standard for
making all admission decisions.
Preponderance of the eiddence is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is, evidence which
as a whole shows that the fact sought to be proved is more probable than not.
Preponderance of the evidence may not be determined by the number of witnesses, but by
the greater weight of all evidence.
Consideration of Circumstances [24 CFR 982.552(c)(2)]
Plymouth HRA Page 3_20 MCV Administrative Plan
family that it can afford to subsidize when there are not sufficient funds to subsidize the family at
the top of the waiting list [24 CFR 982,204(d) and (e)].
HRA Policy_
Families will be selected from the waiting list based on the targeted funding or selection
preference(s) for which they qualify, and in accordance with the HRA's hierarchy of
preferences. The HRA's hierarchy of preferences is A, B, and C all having equal points
and then D, and E having equal points.
Within each targeted funding or preference category, families will be selected by position
determined by lottery method and then date and randomly assigned time.
Documentation will be maintained by the HRA as to whether families on the list qualify
for and are interested in targeted funding. If a higher placed family on the waiting list is
not qualified or not interested in targeted funding, there will be a notation maintained so
that the HRA does not have to ask higher placed families each time targeted selections
are made.
Families in project -based emits that have expressed a desire to move shall be given
priority for a voucher when one becomes available.
The HRA reserves the right rather to issue or absorb vouchers on a case-by-case basis
based on timing and utilization.
4-III.D. NOTIFICATION OF SELECTION
When a family has been selected from the waiting list, the HRA must notify the family.
HRA Policy
The HRA will notify the family by first class mail when it is selected from the waiting
list. The notice will inform the family of the following:
Date, time, and location of the scheduled application r riteiviewbrief ng, including
any procedures for rescheduling the intervie- briefing;
Who is required to attend the4nt wbri;
Documents that must be provided at the interview briefing to document the legal
identity of household members, including information about what constitutes
acceptable documentation; and,
Other documents and information that should be brought to the n er_vie- ;=brie.fin
If a notification letter is returned to the HRA with no forwarding address, the family will
be removed from the waiting list. A notice of denial (see Chapter 3) will be sent to the
family's address of record, as well as to any known alternate address.
4-III.E. THE APPLICATION INTERVIEW
HUD recommends that the HRA obtain the information and documentation needed to make an
eligibility determination though a private interview [HCV GB, pg. 4-161. Being invited to attend
an interview does not constitute admission to the program.
Assistance cannot be provided to the family until all SSN documentation requirements are met.
Plymouth HRA Page 4-9 HCV Administrative Plan
However, if the HRA determines that an applicant family is otherwise eligible to participate in
the program, the family may retain its place on the waiting list for a period of time determined by
the HRA [Notice PIH 2010-3].
Reasonable accommodation must be made for persons with disabilities who are unable to attend
an interview due to their disability.
HRA Policy
Families selected from the waiting list area required to participate in an
applicalionel; interview.
The application interview will be conducted as a briefing (See Chanter 5-I.B.) in a one-
step process.
All adult members afe r-equir-ed to a-Refid the interview toge
The fAe it b ,a, eted only f the head of household o eeli,ad pmvi4eswillV4VV11LLllVIV -
appro
y ,
grate rl.,,,,,me tation of legal i_;iy(1'_I,n_„ter- '7 p ., log a disetissi ,,, .,f pr-O,,ff
de fie.-Rlaattioi f 1e-aal ;tern ty) if fa,,;1, oo„tat; 11
b i1zt_Y„re,;.a the
fequir-ed doetimentation, the appointment may be feseheduled When the proper
d'Vtit11- e ta been l,e
Pending disclosure and eurnentationseat, ,•ily i+umbeFs, the NRA will -alb
the (a,,,;ly to rata;,, its „ en the ailing, l;at feT0days. lfna' .,lccellhe-,se-held—members
hat,, ,a 1 1( ti y
l, tii the 14 A 'FI rteaee an remove theLCZTi.SITQ t1L u I y L,AI L C?T L1R T`H C SJiJ
fi?;milys jiamef aiii 4he waiting list.
The karflily must Provi 0 the ifffafffiatio'l HeeessaFy to €stablisicslaffl ' }I
ct°}
fl cle tel i i ; ppfopfiatelevel of assista-Bee, as Weipl,.-tng fnnt4oaf,, .,,
g c ri tc i= tu=€s ub=rr4fing reglti-r'e-d-daeuMP nl if any materials
Missin& the UBIA 111,111 Pffovide the family w4h a writteY3 list of items tha4 must b -e
1
Any required documents or information tha! too f-a—l—sunable to PFOVideat th
with'interview must be provided 0 business days efthe i„tefy-iew rr 1,apte,. 7 „ ; es
de„l oatlaiacs- submission dealdlines for paykulaf toms,incl udiRg de .0„-LLsllent-at on
of c a1 Se ; y n+irnbe-m and eligible _
sta ,lI£the family is unable tof
obtain. t1,o ;,, ,. ,, t; ,, „tefials , >;th;,, + ' —I,Rred-time Rare the farm;, may
request r. ,.te 74 the awl .-1.,cunientc, ,.l nI;bf a4iei a e „rpt pfeyi-40 Within1„_,. _v Lvrmarlvxr-rr
the required time fl"c%Ii7e (plus any c - inions) t e T,,,,11y will be sent a otjoe a denial
Gi 3t
AEim-aALoea4e, intuffeter, ,-P _ other assistant ,ti assist t 1, —fl+]- 1iC Lapp ;„at;,,,, a„a
the iwe-View,-roeess;
Inter -views will be .,,,ducted i I'nglisI4. L',.,• 1ia44e iiglis pre- -i „t (LE-) a „til;.,.,,,t,
the RHA will •ovule t,•a},st t; , SefVices ill aecoydanee ,vidi4hn 114p A ^ 1” T 1] „1 Senra-i--ter. r--rrrr*-rTr
RxIlibit 2-2.
if the -fi ,,,;1,= ; able to attend a . [,(.,-F„1 ed i'r'r`,eFyie 't, 1 (=should eefatap,4 the
0
family does fiat at end a eheduled interview.the family ,;11 be denied assistance
Plymouth HRA Page 4-10 HCV Administrative Plan
LT lGS 1i"1'!!!'r.7SlR!!.S!!!!L'! . P:'r.!!:'i I
r i • r
4-III.F. COMPLETING THE APPLICATION PROCESS
The HRA must verify all information provided by the family (see Chapter 7). Based on verified
information, the HRA must make a final determination of eligibility (see Chapter 3) and must
confirm that the family qualified for any special admission, targeted admission, or selection
preference that affected the order in which the family was selected from the waiting list.
HRA Policy
The application interview is done as part of the briefing (See Chapter 5-1.B.) as a one-
step process.
17.l::l e lsSlEtiS S:!lf MM_41 ll i 7.11l Ii J"*:
r r
4 a family fai is to qualify fof any critei-ia that aMeted the o-rder in which it wyas selected
e ,` nitiftb lint (e O Barrette A- X17.vi @)d+e+ne4Ylow in icfamilywi1llvc
J - RA will 110tify +he family in
i
Plymouth 1IRA Page 4-11 HCV Administrative Plan
Chapter 5
BRIEFINGS AND VOUCHER ISSUANCE
INTRODUCTION
This chapter explains the briefing and voucher issuance process. When a family is determined to
be eligible for the Housing Choice Voucher (HCV) program, the HRA must ensure that the
family fully understands the way the program operates and the family's obligations under the
program. This is accomplished through both an oral briefing and provision of a briefing packet
containing written documentation of information the family needs to know. Once the family is
fully informed of the program's requirements, the HRA issues the family a voucher. The voucher
includes the unit size the family qualifies for based on the HRA's subsidy standards, as well as
the dates of issuance and expiration of the voucher. The voucher is the document that permits the
family to begin its search for a unit, and limits the amount of time the family has to successfully
locate an acceptable unit.
This chapter describes HUD regulations and HRA policies related to these topics in two parts:
Part I: Briefings and Family atm. This part details the program's requirements
for briefing families orally, and for providing written materials describing the program
and its requirements. It includes a particular focus on the family's obligations under the
program.
Part 1I: Subsidy Standards and Voucher Issuance. This part discusses the HRA's
standards for determining how many bedrooms a family of a given composition qualifies
for, which in turn affects the amount of subsidy the family can receive. It also discusses
the policies that dictate how vouchers are issued, and how long families have to locate a
unit.
PART I: BRIEFINGS AND FAMILY OBLIGATIONS
5-I.A. OVERVIEW
HUD regulations require the HRA to conduct mandatory briefings for applicant families. The
briefing provides a broad description of owner and family responsibilities, explains the HRA's
procedures, and includes instructions on how to lease a unit. This part describes how oral
briefings will be conducted, specifies what written information will be provided to families, and
lists the family's obligations under the program.
5-I.B. BRIEFING [24 CFR 982.301]
The HRA must give the family an oral briefing and provide the family with a briefing packet
containing written information about the program. Families may be briefed individually or in
groups. At the briefing, the HRA must ensue effective communication in accordance with
Section 504 requirements (Section 504 of the Rehabilitation Act of 1973), and ensure that the
briefing site is accessible to individuals with disabilities. For a more thorough discussion of
accessibility requirements, refer to Chapter 2.
IIRA Policy
The application interview (Chapter 4-III.E) is done as part of the briefing in _a one-step
process to determine eligibility.
Plymouth HRA Page 5-1 ITCV Administrative Plan
Briefings ma -y -be -are typically conducted in group meetings.
head,is tinable to aRend, the HRA may waive this fequkemeat as long as the spouse or
ee-hemi a e ds the i.,.;eE;,,g
Families that attend group briefings -andst-41 -need individtia4 assistanee will be Y-6aff ed4o
Briefings will be conducted in English. For limited English proficient (LDP) applicants,
the HRA will provide translation services in accordance with the HRA's LEP plan (See
Chapter 2). An advocate. interpreter, or other assistant may assist the family with the
application and briefing process.
The_fwnily must provide the information necessary to establish the family's eligibility to
determine the appropriatc level of assistance, as well as completing required forms,
providing required signatures, and submitting required documentation. If any documents
or inforination are missing, the HILA will provide the family with a written list of items
that must be submitted and a deadline .for submission of such items. If documents and/or
information are not provided within the required time fame (plus any extensions), the
family will be sent a notice of denial (See Chapter 31
If the HRA determines that the family is ineligible, the HILA will send Aritten
notification of the ineligibility determination within 10 business days of the
deterininatio.n. The notice will specii v the reason(s) for inzli ribility, and will inform the
family of its right to request an informal review (Cha ter 16).
If the family fails to qualify for any criteria that affected the order in which it was
selected from the waiting list e.g. targeted iiuldin , extremcl low-income, references
the family will be returned to its appropriate position on the wating list. The HRA will
notify the family in_writing that it has been returned to the watin;o list, and will specify
the reason for it.
Notification and Attendance
HRA Policy
Families will be notified of their eligibility for assistance at the time they are invited to
attend a briefing. The notice will identify who is required to attend the briefing, as well as
the date and time of the scheduled briefing. Generally, all adult members are required to
attend the briefing. If anv adult member is unable to attend. the HRA. may waive this
requirement as. loniz as the head, spouse or co-head attends the briefing.
If the notice is returned by the post office with no forwarding address, the applicant will
be denied and their name will not be placed back on the waiting list. If the notice is
returned by the post office with a forwarding address, the notice will be re -sent to the
address indicated. A change in address could impact eligibility.
Applicants who fail to attend a scheduled briefing may be scheduled for another briefing
only if they notified the I -IRA by the deadline given. The HILA will notify the family of
the date and time of the second scheduled briefing. Applicants who fail to attend the
scheduled briefings, without HRA approval, will be denied assistance (see Chapter 3),
Plymouth FfR_A Page 5-2 HCV Administrative Plan
Oral Briefing 124 CFR 982.301(x)]
Each briefing must provide information on the following subjects:
How the Housing Choice Voucher program works;
Family and owner responsibilities;
Where the family can lease a unit, including renting a unit inside or outside the HRA's
jurisdiction;
For families eligible under portability, an explanation of portability. The HRA cannot
discourage eligible families from moving under portability;
For families living in high -poverty census tracts, an explanation of the advantages of moving
to areas outside of high -poverty concentrations; and
For families receiving welfare -to -work vouchers, a description of any local obligations of a
welfare -to -work family and an explanation that failure to meet the obligations is grounds for
denial of admission or termination of assistance.
HRA Policy
Families receiving welfare -to -work vouchers do not pertain to Plymouth HRA.
Briefing Packet [24 CFR 982.301(b)]
Documents and information provided in the briefing packet must include the following:
The term of the voucher, and the HRA's policies on any extensions or suspensions of the
term. If the HRA allows extensions, the packet must explain how the family can request an
extension.
A description of the method used to calculate the housing assistance payment for a family,
including how the HRA determines the payment standard for a family, how the HRA
determines total tenant payment for a family, and information on the -payment standard and
utility allowance schedule.
An explanation of how the HRA determines the maximum allowable rent for an assisted unit.
Where the family may lease a unit. For a family that qualifies to lease a unit outside the HRA
jurisdiction under portability procedures, the information must include an explanation of how
portability works.
The HUD -required tenancy addendum, which must be included in the lease.
The form the family must use to request approval of tenancy, and a description of the
procedure for requesting approval for a tenancy.
A statement of the HRA policy on providing information about families to prospective
owners.
The HRA subsidy standards including when and how exceptions are made.
The HUD brochure entitled A Good Place to Live on how to select a unit.
Plymouth HRA Page 5-3 HCV Administrativc Plan
The HUD pamphlet on lead-based paint entitled Protect Your Family from Lead in Your
Home.
Information on federal, state and local equal opportunity laws and a copy of the housing
discrimination complaint form.
A list of landlords or other parties willing to lease to assisted families or help families find
units, especially outside areas of poverty or minority concentration.
Notice that if the family includes a person with disabilities, the family may request a list of
available accessible units known to the HRA.
The family obligations under the program.
The grounds on which the HRA may terminate assistance for a participant family because of
family action or failure to act.
HRA informal hearing procedures including when the HRA is required to offer a participant
family the opportunity for an informal hearing, and how to request the hearing.
Since the LIRA is located in a metropolitan FMR area, the following additional information is
included in the briefing packet in order to receive full points under SEMAP Indicator 7,
Expanding Housing Opportunities [24 CFR 985.3(g)].
Maps showing areas with housing opportunities outside areas of poverty or minority
concentration, both within its jurisdiction and its neighboring jurisdiction.
Information about the characteristics of these areas including job opportunities, schools,
transportation and other services.
An explanation of how portability works as well as names, addresses, and telephone numbers
of portability contact persons for neighboring PHAs.
Additional Items to Be Included in the Briefing Packet
In addition to items required by the regulations, the HRA may wish to include supplemental
materials to help explain the program to both participants and owners [HCV GB p. 8-7, Notice
PIH 2010-19].
HRA Policy
The IIRA will provide the following additional materials in the briefing packet:
The publication "Is Fraud Worth It?" (form HUD-1141-OIG), which explains the
types of actions a family must avoid and the penalties for prograin abuse;
What You Should Know about EIV," a guide to the Enterprise Income Verification
EIV) system published by HUD as an attachment to Notice PIH 2010-19.
Fair Housing and Equal Opportunity for All" brochure;
Ge V
Landlords and Tenants: Rights and Responsibilities from the Office of the MN
Attorney General;
Plymouth HRA Page 5-4 HCV Administrative flan
Business Expansion
HUD regulations do not permit the HRA to deduct from gross income expenses for business
expansion.
HRA Policy
Business expansion is defined as any capital expenditures made to add new business
activities, to expand current facilities, or to operate the business in additional locations.
For example, purchase of a street sweeper by a construction business for the purpose of
adding street cleaning to the services offered by the business would be considered a
business expansion. Similarly, the purchase of a property by a hair care business to open
at a second location would be considered a business expansion.
Capital indebtedness
HUD regulations do not permit the HRA to deduct fiom gross income the amortization of capital
indebtedness.
HRA Policy
Capital indebtedness is defined as the principal portion of the payment on a capital asset
such as Iand, buildings, and machinery. This means the HRA will allow as a business
expense interest, but not principal, paid on capital indebtedness.
Negative Business Income
If the net income from a business is negative, no business income will be included in annual
income; a negative amount will not be used to offset other family income.
Withdrawal of Cash. or Assets from a Business
HUD regulations require the HRA to include in annual income the withdrawal of cash or assets
from the operation of a business or profession unless the withdrawal reimburses a family
member for cash or assets invested in the business by the family.
HRA Policy
Acceptable investments in a business include cash loans and contributions of assets or
equipment. For example, if a member of an assisted family provided an up -front loan of
2,000 to help a business get started, the HRA will not count as income any withdrawals
from the business up to the amount of this loan until the loan has been repaid.
Investments do not include the value of labor contributed to the business without
compensation.
Co -owned Businesses
I1RA Policy
If a business is co -owned with someone outside the family, the family must document the
share of the business it owns. If the family's share of the income is lower than its share of
ownership, the family must document the rcasons for the difference.
Plymouth HRA Page 6-11 HCV Administrative Plan
6-I.G. ASSETS [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)]
Overview
There is no asset limitation for participation in the HCV program. However, HUD requires that
the HRA include in annual income the "interest, dividends, and other net income of any kind
from real or personal property" [24 CFR 5.609(b)(3)]. This section discusses how the income
from various types of assets is determined. For most types of assets, the HRA must determine the
value of the asset in order to compute income from the asset. Therefore, for each asset type, this
section discusses:
How the value of the asset will be determined
How income from the asset will be calculated
Exhibit 6-1 provides the regulatory requirements for calculating income from assets [24 CFR
5.609(b)(3)], and Exhibit 6-3 provides the regulatory definition of netfamily assets. This section
begins with a discussion of general policies related to assets and then provides HUD rules and
HRA policies related to each type of asset.
General Policies
Income from Assets
The HRA generally will use current circumstances to determine both the value of an asset and
the anticipated income from the asset. As is true for all sources of income, HUD authorizes the
HRA to use other than current circumstances to anticipate income when (1) an imminent change
in circumstances is expected (2) it is not feasible to anticipate a level of income over t2 months
or (3) the HRA believes that past income is the best indicator of anticipated income. For
example, if a family member owns real property that typically receives rental income but the
property is currently vacant, the HRA can take into consideration past rental income along with
the prospects of obtaining a new tenant.
HRA Policy
Anytirne current circumstances are not used to determine asset income, a clear rationale
for the decision will be documented in the file. In such cases the family may present
information and documentation to the HRA to show why the asset income determination
does not represent the family's anticipated asset income.
Families with assets equal to or below $5,000 will complete a self -certification form
indicating the amount of incorne expected to be received from assets. The self -
certification from. is signed -by -.all adult members of the family. Assets indicated on the
self -certification form will be reported as such on HUD Form 50058. [Notice PIH 2013-
031 - ------
Valuing Assets
The calculation of asset income sometimes requires the HRA to make a distinction between an
asset's market value and its cash value.
The market value of an asset is its worth (e.g., the amount a buyer would pay for real estate
or the balance in an investment account).
Plymouth HRA Page 6-12 HCV Administrative Plan
The cash value of an asset is its market value Iess all reasonable amounts that would be
incurred when converting the asset to cash.
HRA Policy
Reasonable costs that would be incurred when disposing of an asset include, but are not
limited to, penalties for premature withdrawal, broker and legal fees, and settlement costs
incurred in real estate transactions [HCV GB, p. 5-281.
Lump -Sum Receipts
Payments that are received in a single lump sum, such as inheritances, capital gains, lottery
winnings, insurance settlements, and proceeds from the sale of property, are generally considered
assets, not income. However, such lump -sum receipts are counted as assets only if they are
retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking
account) [RHIIP FAQs]. (For a discussion of lump -sum payments that represent the delayed start
of a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.)
Imputing Income from Assets (24 CFR 5.609(b)(3)]
When net family assets are $5,000 or less, the HRA will include in annual income the actual
income anticipated to be derived from the assets. When the family has net family assets in excess
of $5,000, the HRA will include in annual income the greater of (1) the actual income derived
from the assets or (2) the imputed income. Imputed income froin assets is calculated by
multiplying the total cash value of all family assets by the current HUD -established passbook
savings rate.
HRA Policv
Families with assets equal to or below $5,000 will complete a self ceitification :Corm
indicating the_amount of income expected to be received from assets. The self-
certification elfcertificationfromissignedbyalladultmembersofthefamily, Assets indicated on. the
self -certification form will be reported as such on IIUD Form 50058. [Notice PIH 2013 -
Determining Actual Anticipated Income from Assets
It may or may not be necessary for the HRA to use the value of an asset to compute the actual
anticipated income from the asset. When the value is required to compute the anticipated income
from an asset, the market value of the asset is used. For example, if the asset is a property for
which a family receives rental income, the anticipated income is determined by annualizing the
actual monthly rental amount received for the property; it is not based on the property's market
value. However, if the asset is a savings account, the anticipated income is determined by
multiplying the market value of the account by the interest rate on the account.
Withdrawal of Cash or Liquidation of Investments
Any withdrawal of cash or assets from an investment will be included in income except to the
extent that the withdrawal reimburses amounts invested by the family. For example, when a
family member retires, the amount received by the family from a retirement plan is not counted
as income until the family has received payments equal to the amount the family member
deposited into the retirement fund.
Jointly Owned Assets
Plymouth 14RA Page 6-13 HCV Administrative Plan
The regulation at 24 CFR 5.609(a)(4) specifies that annual income includes "amounts derived
during the 12 -month period) from assets to which any member of the family has access."
HRA Policy
If an asset is owned by more than one person and any family member has unrestricted
access to the asset, the HRA will count the full value of the asset. A family member has
unrestricted access to an asset when he or she can legally dispose of the asset without the
consent of any of the other owners.
If an asset is owned by more than one person, including a family member, but the family
member does not have unrestricted access to the asset, the HRA will prorate the asset
according to the percentage of ownership. If no percentage is specified or provided for by
state or local law, the HRA will prorate the asset evenly among all owners.
Assets Disposed 4ffor Less than Fair Market Value [24 CFR 5.603(6)]
HUD regulations require the HRA to count as a current asset any business or family asset that
was disposed of for less than fair market value during the two years prior to the effective date of
the examination/reexamination, except as noted below.
Minimum Threshold
The HVC Guidebook permits the HRA to set a threshold below which assets disposed of for less
than fair market value will not be counted [HCV GB, p. 5-27].
HRA Policy
The HRA will not include the value of assets disposed of for less than fair market value
unless the cumulative fair market value of all assets disposed of during the past two years
exceeds the gross amount received for the assets by more than $1,000.
Separation or Divorce
The regulation also specifies that assets are not considered disposed of for less than fair market
value if they are disposed of as part of a separation or divorce settlement and the applicant or
tenant receives important consideration not measurable in dollar terms.
HRA Policy
All assets disposed of as part of a separation or divorce settlement will be considered
assets for which important consideration not measurable in monetary terms has been
received. h1 order to qualify for this exemption, a family member must be subject to a
formal separation or divorce settlement agreement established through arbitration,
mediation, or court order. Written proof of such action must be provided by the family.
Foreclosure or Bankruptcy
Assets are not considered disposed of for less than fair market value when the disposition is the
result of a foreclosure or bankruptcy sale.
Family Declaration
HRA Policy
Families must sign a declaration form at initial certification and each annual
recertification identifying all assets that have been disposed of for less than fair market
Plymouth HRA Page 6-14 11CV Administrative Plan
value or declaring that no assets have been disposed of for less than fair market value.
The HRA may verify the value of the assets disposed of if other information available to
the HRA does not appear to agree with the information reported by the family.
Types of Assets (Greater than $5,000)
Checking and Savings Accounts
For regular checking accounts and savings accounts, cash value has the same meaning as market
value. If a checking account does not bear interest, the anticipated income from the account is
zero.
HRA Policy
In determining the value of a checking account, the HRA will use the average monthly
balance for the last six months. If not available, the HRA will use the average monthly
balance based on the balances available.
In determining the value of a savings account, the IIRA will use the current balance.
In determining the anticipated income from an interest-bearing checking or savings
account, the HRA will multiply the value of the account by the current rate of interest
paid on the account.
Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds
Interest or dividends earned by investment accounts are counted as actual income from assets
even when the earnings are reinvested. The cash value of such an asset is determined by
deducting from the market value any broker fees, penalties for early withdrawal, or other costs of
converting the asset to cash.
HRA Policy
In determining the market value of an investment account, the HRA will use the value of
the account on the most recent investment report.
How anticipated income from an investment account will be calculated depends on
whether the rate of return is luiown. For assets that are held in an investment account with
a known rate of return (e.g., savings certificates), asset income will be calculated based
on that known rate (market value multiplied by rate of earnings). When the anticipated
rate of return is not known (e.g., stocks), the HRA will calculate asset income based on
the earnings for the most recent reporting period.
Equity in Real Property or Other Capital Investments
Equity (cash value) in a property or other capital asset is the estimated current market value of
the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as
broker fees) that would be incurred in selling the asset [HCV GB, p. 5-25].
Equity in real property and other capital investments is considered in the calculation of asset
income exc_ _pRt for the following types of assets:
Equity accounts in HUD homeownership programs [24 CFR5.603(b)]
Plymouth HRA Page 6-15 NCV Administrative Plan
The value of a home currently being purchased with assistance under the HCV program
Homeownership Option for the first 10 years after the purchase date of the home [24 CFR
5.603(b)]
Equity in owner -occupied cooperatives and manufactured homes in which the family lives
HCV GB, p. 5-251
Equity in real property when a family member's main occupation is real estate [HCV GB, p.
5-25]. This real estate is considered a business asset, and income related to this asset will be
calculated as described in section 6-I.F.
Interests in Indian Trust lands [24 CFR 5.603(b)]
Real property and capital assets that are part of an active business or fanning operation [HCV
GB, p. 5-25]
A family may have real property as an asset in two ways: (1) owning the property itself and (2)
holding a mortgage or deed of trust on the property. In the case of a property owned by a family
member, the anticipated asset income generally will be in the form of rent or other payment for
the use of the property. If the property generates no income, actual anticipated income from the
asset will be zero.
In the case of a mortgage or deed of trust held by a family member, the outstanding balance
unpaid principal) is the cash value of the asset. The interest portion only of payments made to
the family in accordance with the terms of the mortgage or deed of trust is counted as anticipated
asset income.
HRA Policy
In the case of capital investments owned jointly with others not living in a family's unit, a
prorated share of the property's cash value will be counted as an asset unless the I -IRA
determines that the family receives no income from the property and is unable to sell or
otherwise convert the asset to cash.
Trusts
A trust is a legal arrangement generally regulated by state law in which one party (the creator or
grantor) transfers property to a second party (the trustee) who holds the property for the benefit
of one or more third parties (the beneficiaries).
Revocable Trusts
If any member of a family has the right to withdraw the funds in a trust, the value of the trust is
considered an asset [IICV GB, p. 5-25]. Any income earned as a result of investment of trust
funds is counted as actual asset income, whether the income is paid to the family or deposited in
the trust.
Nonrevocable Trusts
In cases where a trust is not revocable by, or under the control of, any member of a family, the
value of the trust fund is not considered an asset. However, any income distributed to the family
from such a trust is counted as a periodic payment or a luunp-suin receipt, as appropriate [24 CFR
5.603(b)]. (Periodic payments are covered in section 6-I.I-I. Lump -sum receipts are discussed
earlier in this section.)
Plymouth HRA Page 6-16 IICV Administrative Plan
b) Payments to Volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C.
5044(8), 5058)
c) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c))
d) Income derived from certain submarginal land of the United States that is held in trust
for certain Indian tribes (25 U.S.C. 459e)
e) Payments or allowances made under the Department of Health and Human Services'
Low -Income Home Energy Assistance Program (42 U.S.C. 8624(f))
t) Payments received under programs funded in whole or in part under the Job Training
Partnership Act (29 U.S.C. 1552(b)) (Effective July 1, 2000, references to Job Training
Partnership Act shall be deemed to refer to the corresponding provision of the
Workforce Investment Act of 1998 (29 U,S.C. 2931).)
g) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians
Pub. L. 94.540, 90 Stat. 2503-04)
h) The first $2,000 of per capita shares received from judgment funds awarded by the
Indian Claims Commission or the U. S. Claims Court, the interests of individual Indians
in trust or restricted lands, including the first $2,000 per year of income received by
individual Indians from funds derived from interests held in such trust or restricted lands
25 U.S.C. 1407-1408)
i) Payments received fiom programs funded under Title V of the Older Americans Act of
1985 (42 U.S.C. 3056(f))
j) Payments received on or after January 1, 1989, fiom the Agent Orange Settlement Fund
or any other fund established pursuant to the settlement in In Re Agent=product liability
litigation, M.D.L. No. 381 (E.D.N.Y.)
k) Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C.
1721)
1) The value of any child care provided or arranged (or any amount received as payment
for such care or reimbursement for costs incurred for such care) under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858q)
m) Earned income tax credit (FITC) refund payments received on or after January 1, 1991
26 U.S.C. 320))
n) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of
Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433)
o) Allowances, earnings and payments to AmeriCorps participants Linder the National and
Community Service Act of 1990 (42 U.S.C. 12637(d))
p) Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from
spina bifida who is the child of a Vietnam veteran (38 U.S.C. 1805)
q) Any amount of crime victim compensation (under the Victims of Crime Act) received
through crime victim assistance (or payment or reimbursement of the cost of such
assistance) as determined under the Victims of Crime Act because of the commission of
a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602)
Plymouth HRA Page 6-23 1ICV Administrative Plan
r) Allowances, earnings and payments to individuals participating in programs under the
Workforce Investment Act of 1998 (29 U.S.C. 293 1)
PART IT: ADJUSTED INCOME
6-II.A. INTRODUCTION
Overview
HUD regulations require the HRA to deduct from annual income any of five mandatory
deductions for which a family qualifies. The resulting amount is the family's adjusted income.
Mandatory deductions are found in 24 CFR 5.611.
5.611(a) Mandatory deductions. In determining adjusted income, the responsible entity [HRA]
must deduct the following amounts from annual income:
1) $480 for each dependent;
2) $400 for any elderly family or disabled family;
3) The sum of the following, to the extent the sum exceeds three percent of annual income:
i) Unreimbursed medical expenses of any elderly family or disabled family;
ii) 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 (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; and
4) Any reasonable child care expenses necessary to enable a member of the family to be
employed or to further his or her education.
This part covers policies related to these mandatory deductions. Verification requirements related
to these deductions are found in Chapter 7,
Anticipating Expenses
HRA Policy
Generally, the HRA will use current circumstances to anticipate expenses. When
possible, for costs that are expected to fluctuate during the year (e.g., child care during
school and nonschool periods and cyclical medical expenses), the HRA will estimate
costs based on historic data and known future costs.
If a family has an accumulated debt for medical or disability assistance expenses, the
HRA will include as an eligible expense the portion of the debt that the family paid
during the previous 12 months €6-F hreli the interne deteri:.ni nation is beingma(.
Hawewer, air" ,t. pfeviously dedueted Will E,+ 1.E -ilii^ .v rcd everi if the amounts were no
paid ina p° eeedifig pe-Fi The HRA inay-will require the family to provide
documentation of payments made in the preceding year.
6-II.13. DEPENDENT DEDUCTION
A deduction of $480 is taken for each dependent [24 CFR 5.611(a)(1)1. Dependent is defined as
any family member other than the head, spouse, or co-head who is under the age of 18 or who is
Plymouth HRA Page 6-24 HCV Administrative Plan
The payment standard for a family is the lower of (1) the payment standard for the family unit
size, which is defined as the appropriate number of bedrooms for the family under the HRA's
subsidy standards [24 CFR 482.4(b)], or (2) the payment standard for the size of the dwelling
unit rented by the family.
If the HRA has established an exception payment standard for a designated part of an FMR area
and a family's unit is located in the exception area, the HRA must use the appropriate payment
standard for the exception area.
The HRA is required to pay a monthly housing assistance payment (HAP) for a family that is the
lower of (1) the payment standard for the family minus the family's TTP or (2) the gross rent for
the family's unit minus the TTP.
If during the term of the HAP contract for a family's unit, the owner lowers the rent, the HRA
will recalculate the HAP using the lower of the initial payment standard or the gross rent for the
unit [HCV GB, p. 7-8].
Changes in Payment Standards
When the HRA revises its payment standards during the term of the I -IAP contract for a family's
unit, it will apply the new payment standards in accordance with HUD regulations.
Decreases
If the amount on the payment standard schedule is decreased during the term of the HAP
contract, the lower payment standard generally will be used beginning at the effective date of the
family's second regular reexamination following the effective date of the decrease in the
payment standard. The HRA will determine the payment standard for the family as follows:
Step 1: At the first regular reexamination following the decrease in the payment standard, the
HRA will determine the payment standard for the family using the lower of the payment
standard for the family unit size or the size of the dwelling unit rented by the family.
Step 2: The HRA will compare the payment standard from step I to the payment standard last
used to calculate the monthly housing assistance payment for the family. The payment standard
used by the HRA at the first regular reexamination following the decrease in the payment
standard will be the higher of these two payment standards. The HRA will advise the family that
the application of the lower payment standard will be deferred until the second regular
reexamination following the effective date of the decrease in the payment standard.
Sten 3: At the second regular reexamination following the decrease in the payment standard, the
lower payment standard will be used to calculate the monthly housing assistance payment for the
family unless the HRA has subsequently increased the payment standard, in which case the
payment standard will be determined in accordance with procedures for increases in payment
standards described below.
Increases
If the payment standard is increased during the term of the HAP contract, the increased payment
standard will be used to calculate the monthly housing assistance payment for the family
beginning on the effective date of the family's fast regular reexamination on or after the
effective date of the increase in the payment standard.
Plymouth HRA Page 6_35 HCV Administrative Plan
Families requiring or requesting interim reexaminations will not have their HAP payments
calculated using the higher payment standard until their next annual reexamination [HCV GB,
p. 7-8].
Changes in Family Unit Size
Irrespective of any increase or decrease in the payment standard, if the family unit size increases
or decreases during the HAP contract term, the new family unit size must be used to determine
the payment standard for the family beginning at the family's first regular reexamination
following the change in family unit size.
Reasonable Accommodation
If a family requires a higher payment standard as a reasonable accommodation for a family
member who is a person with disabilities, the HRA is allowed to establish a higher payment
standard for the family within the basic range. [Notice PIH 2013-031
6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517]
Overview
A HRA -established utility allowance schedule is used in determining farnily share and HRA
subsidy. The HRA must use the appropriate utility allowance for the size of dwelling unit
actually leased by a family rather than the voucher unit size for which the family qualifies using
IIRA subsidy standards. See Chapter 5 for information on the HRA's subsidy standards.
For policies on establishing and updating utility allowances, see Chapter 16.
Reasonable Accommodation
HCV program regulations require a HRA to approve a utility allowance amount higher than
shown on the HRA's schedule if a higher allowance is needed as a reasonable accommodation
for a family member with a disability. For example, if a family member with a disability requires
such an accommodation, the HRA will approve an allowance for air-conditioning, even if the
HRA has determined that an allowance for air-conditioning generally is not needed.
The family must request the higher allowance and provide the HRA with an explanation of the
need for the reasonable accommodation and information about the amount of additional
allowance required [IICV GB, p. 18-8].
Utility Allowance Revisions
At reexamination, the HRA must use the HRA current utility allowance schedule [24 CFR
982.517(d)(2)].
HRA Policy
Revised utility allowances will be applied to a family's rent and subsidy calculations at
the first annual reexamination that is effective after the allowance is adopted.
6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520]
HUD regulations prohibit assistance to ineligible family members. A mixed family is one that
includes at least one U.S. citizen or eligible immigrant and any number of ineligible family
members. The I -IRA must prorate the assistance provided to a mixed family, The IIRA will first
Plymouth HRA Page 6_36 HCV Administrative Plan
7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.5081
Overview
Housing assistance is not available to persons who are not citizens, nationals, or eligible
immigrants. Prorated assistance is provided for "mixed families" containing both eligible and
ineligible persons. A detailed discussion of eligibility requirements is in the Eligibility chapter.
This verifications chapter discusses HUD and HRA verification requirements related to
citizenship states.
The family must provide a certification that identifies each family member as a U.S. citizen, a
U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the documents
discussed below for each family member. Once eligibility to receive assistance has been verified
for an individual it need not be collected or verified again during continuously -assisted
occupancy. [24 CFR 5.508(g)(5)]
U.S. Citizens and Nationals
HUD requires a declaration for each family member who claims to be a U.S. citizen or national.
The declaration must be signed personally by any family member 18 or older and by a guardian
for minors.
The HRA may request verification of the declaration by requiring presentation of a birth
certificate, United States passport or other appropriate documentation.
HRA Policy
Family members who claim U.S. citizenship or national status will not be required to
provide additional documentation unless the HRA receives information indicating that an
individual's declaration may not be accurate.
Eligible Immigrants
Documents Required
All family members claiming eligible iminigration status must declare their status in the same
manner as U.S. citizens and nationals.
The documentation required for eligible noncitizens varies depending upon factors such as the
date the person entered the U.S., tie conditions under which eligible immigration status has been
granted, age, and the date on which the family began receiving HUD -funded assistance. Exhibit
7-2 at the end of this chapter summarizes documents family members must provide.
HILA Verification [HCV GB, pp. 5-3 and 5-7]
For family members age 62 or older who claim to be eligible immigrants, proof of age is
required in the manner described in 74I.C. of this plan. No further verification of eligible
immigration status is required.
For family members under the age of 62 who claim to be eligible immigrants, the HRA must
verify immigration status with the United States Citizenship and Immigration Services (USCIS).
The HRA will follow all USCIS protocols for verification of eligible immigration status.
Plymouth 1-1RA Page 7-13 HCV Administrative Plan
7-II.H. VERIFICATION OF PREFERENCE STATUS
The HRA must verify any preferences claimed by an applicant.
HRA Policy
Involuntary Displacement (Preference A):
Families that have been involuntarily displaced through no fault of their own,
such as a disaster (fire, flood, earthquake) must provide written verification by the
displacing unit or agency of government, or by a service agency such as the Red
Cross.
Families who claim they are being or have been displaced because of actions
taken by the owner/agent of the unit the family is renting such as sale or
foreclosure of the unit must provide notification by owner to family of the action/
written verification by the owner or agent/documents such as sales agreements or
foreclosure notices.
Families who claim they are being or have been displaced due to domestic
violence within the last six months or be of continuing in nature must provide
written verification from police, social service agency, court, clergy person,
physician, and/or public or private facility giving shelter and/or counseling to
victims. Verification must be obtained (from a landlord or other source) that the
abuser still resides at the unit. The family must also certify that the abuser will
not return to the household without the advance written approval of the HRA, and
provide written verification of legal action taken to protect the family from the
abuser.
Families who claim to be displaced by hate crimes must provide a written
statement from law enforcement agency, IIUD, Fair Housing or other agency
responsible for non-discrimination advocacy. Statement should contain
approximate number of occurrences and date of last occurrence.
Homeless Living in a Shelter or Transitional Housing (Preference B):
Written certification by a public or private facility providing shelter::eliee—, or
a social services agency.
If a family is in transitional housing and wishes the PHA to hold the family's
place on the waiting list, a statement is required from the agency providing the
transitional housing.
Paying More Than 50% of Gross Income For Rent And Utilities (Preference C):
Families will be required to verify their income, the amount of rent and utilities
they are obligated to pay, and the period of time they have been residing in the
unit. Families must furnish copies of rental. receipts, the lease, canceled checks, or
money orders. The PHA may contact the landlord directly by mail or telephone.
Plymouth HRA Page 7-14 HCV Administrative Plan
The PHA compares the address with address used on other documents in the file.
In cases where the family pays rent to a co -renter or sublets the unit, the PHA
requires a certification from the person who receives the money from the
applicant, and verification from the owner that the family resides in the unit. To
verify the amount the family actually paid for utilities not included in the rent, the
family must provide copies of receipts, canceled checks, bills showing previous
utility payments. Verification must be provided for a minimum period of three
months.
Community Ties in Plymouth (Preference D):
The HRA will verify this preference using third party documentation from
property owner or property records to document residency and employers to
document employment location.
Unable to Work Due to a Disability (Preference E):
This preference is available for families with a member who has a disability as
defined in this Administrative Plan, The PHA will require appropriate
documentation from a knowledgeable professional. The PITA will not inquire as
to the nature of the disability except as to whether or not it meets the HUD
definition. Award letter or other proof of eligibility for Social Security Disability
or Supplemental Security Income will be acceptable.
PART III: VERIFYING INCOME AND ASSETS
Chapter 6, Part I of this plan describes in detail the types of income that are included and
excluded and how assets and income from assets are handled. Any assets and income reported by
the family must be verified. This part provides HRA policies that supplement the general
verification procedures specified in Part I of this chapter.
7 -IIIA. EARNED INCOME
Tips
HRA Policy
Unless tip income is included in a family member's W-2 by the employer, persons who
work in industries where tips are standard will be required to sign a certified estimate of
tips received for the prior year and tips anticipated to be received in the coming year.
7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME
HRA Policy
Business owners and self-employed persons will be required to provide:
All schedules completed for filing federal and local taxes in the preceding year.
Plymouth HRA Page 7-15 11CV Administrative Plan
If accelerated depreciation was used on the tax return or financial statement, an
accountant's calculation of depreciation expense, computed using straight-line
depreciation rules.
If taxes have not been filed, the HRA will provide statement forms to record business or
self-employment revenue and expenses projected for the coming year. The business
owner/self-employed person will be required to submit the information requested and to
certify to its accuracy.
If a family member has been self-employed less than three (3) months, the HRA will
accept the family member's certified estimate of income and schedule an interim
reexamination in three (3) months. If the family member has been self-employed for three
3) to twelve (12) months the HRA will require the family to provide documentation of
income and expenses for this period and use that information to project income.
7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS
Social Security/SSI Benefits
HRA Policy
To verify the SS/SSI benefits of applicants, the HRA will request a current (dated within
the last 60 days) SSA benefit verification letter from each family member that receives
social security benefits. If the family is unable to provide the document(s), the HRA will
help the applicant request a benefit verification letter from SSA's Web site at
www.socialsecurity.gov or ask the family to request one by calling SSA at
1-800-772-1213. Once the applicant has received the benefit verification letter they will
be required to provide it to the HRA.
To verify the SS/SSI benefits of participants, the HRA will obtain information about
social security/SSI benefits through the IIUD EIV System, and confirm with the
participant(s) that the current listed benefit amount is correct. If the participant disputes
the EIV -reported benefit amount, or if benefit information is not available in HUD
systems, the HRA will request a current SSA benefit verification letter from each family
member that receives social security benefits. If the family is unable to provide the
document(s) the HRA will help the participant request a benefit verification letter from
SSA's Web site at www. socials ecu rity. or ask the family to request one by calling
SSA at 1-800-772-1213. Once the participant has received the benefit verification letter
they will be required to provide it to the IIRA.
For elderly and disabled families on fixed incornes, the HRA will use the HUD EIV
System for the inose current information and recalculate the family incomes by applying
any purblished cost of living adjustments (Notice P11-1 2013-03).
7-I1I.D. ALIMONY OR CHILD SUPPORT
HRA Policy
The HRA will seek verification for alimony and child support by the client providing
previous 12 months of payment history. If the payments do not go through the court
system, written third -party verification from the person paying the support must be
notarized and provided,
Plymouth HRA Page 7-16 HCV Administrative Plan
If the owner carries out a repair for which the family is responsible under the lease, the owner
may bill the family for the cost of the repair.
PART III: RENT REASONABLENESS [24 CFR 982.507]
8-III.A. OVERVIEW
No HAP contract can be approved until the HRA has determined that the rent for the unit is
reasonable. The purpose of the rent reasonableness test is to ensure that a fair rent is paid for
each unit rented under the HCV program.
HUD regulations define a reasonable rent as one that does not exceed the rent charged for
comparable, unassisted units in the same market area. HUD also requires that owners not charge
more for assisted units than for comparable units on the premises. This part explains the method
used to determine whether a unit's rent is reasonable.
HRA -owned Units [24 CFR 982.352(b)]
In cases where an HCV family is receiving assistance in a HRA -owned unit, the HRA must
obtain the services of an independent entity to determine rent reasonableness in accordance with
program requirements, and to assist the family in negotiating the contract rent when the family
requests assistance. A HRA -owned unit is defined as a unit that is owned by the HRA that
administers the assistance under the consolidated ACC (including a unit owned by an entity
substantially controlled by the HRA). The independent entity must communicate the results of
the rent reasonableness determination to the family and the HRA. The independent agency must
be approved by HUD, and may be the unit of general local government for the HRA jurisdiction
unless the HRA is itself the unit of general local government or an agency of such government).
8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED
Owner -initiated Rent Determinations
The HRA must make a rent reasonableness determination at initial occupancy and whenever the
owner requests a rent adjustment.
The owner and family first negotiate the rent for a unit. The HRA (or independent agency in the
case of HRA -owned units) will assist the family with the negotiations upon request. At initial
occupancy the ITRA must determine whether the proposed rent is reasonable before a HAP
Contract is signed. The owner must not change the rent during the initial lease term. Subsequent
requests for rent adjustments must be consistent with the lease between the owner and the family.
Rent increases will not be approved unless any failed items identified by the most recent HQS
inspection have been corrected.
HRA Policy
T -4e 4PrA -requires --vaners and families to enter into new, !cases aanually. Changes in
rent may be requested by the owner with 60 day notice to the HRA and the tenant at that
time.
Plymouth HRA Page 8-13 HCV AdminiArative Plan
HRA -and HUD -Initiated Rent Reasonableness Determinations
HUD requires the HRA to make a determination of rent reasonableness (even if the owner has
not requested a change) if there is a S percent decrease in the Fair Market Rent that goes into
effect at least 60 days before the contract anniversary date. HUD may also direct the HRA to
make a determination at any other time. The HRA may decide that a new determination of rent
reasonableness is needed at any time,
HRA Policy
In addition to the instances described above, the HRA will make a determination of rent
reasonableness at any time after the initial occupancy period if: (1) the HRA determines
that the initial rent reasonableness determination was in error or (2) the HRA determines
that the information provided by the owner about the unit or other units on the same
premises was incorrect.
8-III.C. HOW COMPARABILITY IS ESTABLISHED
Factors to Consider
HUD requires the HRA to take into consideration the factors listed below when determining rent
comparability. The HRA may use these factors to make upward or downward adjustments to the
rents of comparison units. when the units are not identical to the IHCV-assisted unit.
Location and age
Unit size including the number of rooms and square footage of rooms
The type of unit including construction type (e.g., single family, duplex, garden, low-rise,
high-rise)
The quality of the units including the quality of [he original construction, maintenance and
improvements made.
Amenities, services, and utilities included in the rent
Units that Must Not be Used as Comparables
Comparable units must represent unrestricted market rents. Therefore, units that receive some
form of federal, state, or local assistance that imposes rent restrictions cannot be considered
comparable units. These include units assisted by HUD through any of the following programs:
Section 8 project -based assistance, Section 236 and Section 221(d)(3) Below Market Interest
Rate (BMIR) projects, HOME or Community Development Block Grant (CDBG) program -
assisted units in which the rents are subsidized; units subsidized through federal, state, or local
tax credits; units subsidized by the Department of Agriculture rural housing programs, and ,,outs
that are rent -controlled by local ordinance.
Units for which the owner has decided of his or her own decision to charge rents that are below
what other tenants are charged and what the market might actually bear are not assisted units for
purposes of rent reasonableness determinations. Rents for these particular units in the property
must be considered to establish if an HCV rent to owner is reasonable.
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Chapter 9
GENERAL LEASING POLICIES
INTRODUCTION
Chapter 9 covers the lease -up process fiom the family's submission of a Request for Tenancy
Approval to execution of the HAP contract.
In order for the HRA to assist a family in a particular dwelling unit, or execute a Housing
Assistance Payments (HAP) contract with the owner of a dwelling unit, the HRA must determine
that all the following program requirements are met:
The unit itself must qualify as an eligible unit [24 CFR 982.305(a)]
The unit must be inspected by the HRA and meet the Housing Quality Standards (HQS) [24
CFR 982.305(a)]
The lease offered by the owner must be approvable and must include the required Tenancy
Addendum [24 CFR 982.305(a)]
The rent to be charged by the owner for the unit must be reasonable [24 CFR 982.305(a)]
The owner must be an eligible owner, approvable by the HRA, with no conflicts of interest
24 CFR 982.306]
For families initially leasing a unit onl : Where the gross rent of the unit exceeds the
applicable payment standard for the family, the share of rent to be paid by the family cannot
exceed 40 percent of the family's monthly adjusted income [24 CFR 982.305(a)]
9-I.A. TENANT SCREENING
The HRA has no liability or responsibility to the owner or other persons for the family's
behavior or suitability for tenancy [24 CFR 982.307(a)(1)].
The HRA may elect to screen applicants for family behavior or suitability for tenancy. See
Chapter 3 for a discussion of the I -IRA's policies with regard to screening applicant families for
program eligibility [24 CFR 982.307(a)(1)].
The owner is responsible for screening and selection of the family to occupy the owner's unit. At
or before HRA approval of the tenancy, the HRA must inform the owner that screening and
selection for tenancy is the responsibility of the owner [24 CFR 982.307(a)(2)]. The HRA
must also inform the owner or manager or their responsibility to comply with VAWA
24 CFR 5.2007(3)(ii)].
The HRA must provide the owner with the family's current and prior address (as shown in the
HRA records); and the name and address (if known to the HRA) of the landlord at the family's
current and prior address. [24 CFR 982.307 (b)(1)].
The HRA is pernnitted, but not required, to offer the owner other information in the HRA's
possession about the family's tenancy [24 CFR 982.307(b)(2)].
Plymouth HRA Page 9-1 HCV Administrative Plan
If providing family behavior or suitability for tenancy information to the owner, the HRA's
policy on providing information to the owner must be included in the family's briefing packet
24 CFR 982.307(b)(3)].
HRA Policy
The HRA will not screen applicants for family behavior or suitability for tenancy.
The HRA will not provide additional screening information to the owner. (Unless written
authorization is received from family requesting such.)
9-L13. REQUESTING TENANCY APPROVAL (Form HUD -52517]
After the family is issued a voucher, the family must locate an eligible unit, with an owner or
landlord willing to participate in the voucher program. Once a family finds a suitable unit and the
owner is willing to lease the unit under the program, the owner and the family must request the
HRA to approve the assisted tenancy in the selected unit.
The owner and the family must submit two documents to the HRA:
Completed Request for Tenancy Approval (RTA) — Form HUD -52517
Copy of the proposed lease, including the HUD -prescribed Tcnancy Addendum — Form
HUD -52641-A
The RTA contains important information about the rental unit selected by the family, including
the unit address, number of bedrooms, structure type, year constructed, utilities included in the
rent, and the requested beginning date of the lease, necessary for the HRA to determine whether
to approve the assisted tenancy in this unit.
Owners must certify to the most recent amount of rent charged for the unit and provide an
explanation for any difference betwcen the prior rent and the proposed rent.
Owners must certify that they are not the parent, child, grandparent, grandchild, sister or brother
of any member of the family, unless the HRA has granted a request for reasonable
accommodation for a person with disabilities who is a member of the tenant household.
For units constructed prior to 1978, owners must either 1) certify that the unit, common areas,
and exterior have been found to be free of lead-based paint by a ccrtified inspector; or 2) attach a
lead-based paint disclosure statement.
Both the RTA and the proposed lease must be submitted no later than the expiration date stated
on the voucher. [HCV GB p.8-15].
HRA Policy
The RTA must be signed by both the family and the owner. Completed RTA must be
submitted as hard copies, in-person, by mail, or by fax.
The family is responsible for submitting the RTA to the IIRA. The family may not
submit, and the HRA will not process, more than one (1) RTA at a time.
When the family submits the RTA, the HRA will review the RTA for completeness.
If the RTA is incomplete (including lack of signature by family, owner, or both),
Plymouth I -IRA page 9-2 HCV Administrative Plan
past owner behavior, conflict of interest, or other owner -related issues. No owner has aright to
participate in the HCV program [24 CFR 982.306(e)].
Owners Barred from Participation f24 CFR 982.306(a) and (b)]
The HRA must not approve the assisted tenancy if the HRA has been informed that the owner
has been debarred, suspended, or subject to a limited denial of participation under 24 CFR part
24. HUD may direct the HRA not to approve a tenancy request if a court or administrative
agency has determined that the owner violated the Fair Housing Act or other federal equal
opportunity requirements, or if such an action is pending.
Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-21
The HRA must not approve an RTA if the owner is the parent, child, grandparent, grandchild,
sister, or brother of any member of the family. The HRA may make an exception as a reasonable
accommodation for a family member with a disability. The owner is required to certify that no
such relationship exists. This restriction applies at the time that the family receives assistance
under the HCV program for occupancy of a particular unit. Current contracts on behalf of owners
and families that are related may continue, but any new leases or contracts for these families may
not be approved.
Conflict of Interest [24 CFR 982.161; HCV GB p. 8-191
The HRA must not approve a tenancy in which any of the following classes of persons has any
interest, direct or indirect, during tenure or for one year thereafter:
Any present or former member or officer of the HRA (except a participant commissioner)
Any employee of the HRA, or any contractor, subcontractor or agent of the HRA, who
formulates policy or who influences decisions with respect to the programs
Any public official, member of a governing body, or State or local legislator, who exercises
functions or responsibilities with respect to the programs
Any member of the Congress of the United States
HUD may waive the conflict of interest requirements, except for members of Congress, for good
cause. The HRA must submit a waiver request to the appropriate IIUD Field Office for
determination.
Any waiver request submitted by the HRA must include [HCV Guidebook pp. 11-2 and 11-31:
Complete statement of the facts of the case;
Analysis of the specific conflict of interest provision of the HAP contract and justification as
to why the provision should be waived;
Analysis of and statement of consistency with state and local laws. The local HUD office, the
IIRA, or both parties may conduct this analysis. Where appropriate, an opinion by the state's
attorney general should be obtained;
Opinion by the local HUD office as to whether there would be an appearance of impropriety
if the waiver were granted;
Statement regarding alternative existing housing available for lease under the HCV program
or other assisted housing if the waiver is denied;
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If the case involves a hardship for a particular family, statement of the circumstances and
discussion of possible alternatives;
If the case involves a public official or member of the governing body, explanation of his/her
duties under state or local law, including reference to any responsibilities involving the HCV
program;
If the case involves employment of a family member by the HRA or assistance under the
HCV program for an eligible HRA employee, explanation of the responsibilities and duties
of the position, including any related to the HCV program;
If the case involves an investment on the part of a member, officer, or employee of the HRA,
description of the nature of the investment, including disclosure/divestiture plans.
Where the HRA has requested a conflict of interest waiver, the HRA may not execute the HAP
contract until HUD has made a decision on the waiver request.
HRA Policy
In considering whether to request a conflict of interest waiver from HUD, the HRA will
consider the following factors: the reasons for waiving the requirement; consistency with
state and local laws; the existence of alternative housing available to families; the
individual circumstances of a particular family; the specific duties of individuals whose
positions present a possible conflict of interest; the nature of any financial investment in
the property and plans for disclosure/divestiture; and the possible appearance of
impropriety.
Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)]
HUD regulations permit the HRA, at the HRA's discretion, to refuse to approve a request for
tenancy if the owner has committed any of a number of different actions.
If the HRA disapproves a request for tenancy because an owner is not qualified, it may not
terminate the IIAP contract for any assisted families that are already living in the owner's
properties unless the owner has violated the HAP contract for those units [HCV GB p. 11-4].
HRA Policy
The HRA will refuse to approve a request for tenancy if the HRA becomes aware that
any of the following are true:
The owner has violated obligations under a HAP contract under Section R of the
1937 Act (42 U.S.C. 1437f);
The owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program;
The owner has engaged in any drug-related criminal activity or any violent
criminal activity;
The owner has a history or practice of non-compliance with the HQS for units
leased under the tenant -based programs, or with applicable housing standards for
units leased with project -based Section -8 -assistance or leased under any other
federal housing program;
Plymouth HRA Page 13-6 ICV Administrative Plan
The owner has a history or practice of failing to terminate tenancy of tenants of
units assisted under Section 8 ICV or any other federally assisted housing
program for activity engaged in by the tenant, any member of the household, a
guest or another person under the control of any member of the household that:
i) Threatens the right to peaceful enjoyment of the premises by other residents;
ii) Threatens the health or safety of other residents, of employees of the HRA,
or of owner employees or other persons engaged in management of the
housing;
iii) Threatens the health or safety of, or the right to peaceful enjoyment of their
residences, by persons residing in the immediate vicinity of the premises; or
iv) Is drug-related criminal activity or violent criminal activity;
The owner has a history or practice of renting units that fail to meet state or local
housing codes; or
The owner has not paid state or local real estate taxes, fines, or assessment.
The owner has not attended a required landlord briefinc, session.
In considering whether to disapprove owners for any of the discretionary reasons listed
above, the HRA will consider any mitigating factors. Such factors may include, but are
not limited to, the seriousness of the violation in relation to program requirements, the
impact on the ability of families to lease units under the program, health and safety of
participating families, among others. Upon consideration of such circumstances, the HRA
may, on a case-by-case basis, choose to approve an owner.
The HRA will notily [lie owner in writing if they are being disapproved from
participating in the HCV Program.
Legal Ownership of Unit
The following represents HRA policy on legal ownership of a dwelling unit to be assisted under
the HCV program.
HRA Policy
The HRA will only enter into a contractual relationship with the legal owner of a
qualified unit. No tenancy will be approved without acceptable documentation of legal
ownership (e.g., Hennepin County database; deed of trust; proof of taxes for most recent
year).
13-I.E. NON-DISCRIMINATION [HAP Contract — Form HUD -52641]
The owner must not discriminate against any person because of race, color, religion, sex,
national origin, age, familial status, creed, sexual orientation, marital status, disability, or receipt
of public assistance in connection with any actions or responsibilities under the HCV program
and the HAP contract with the IIRA,
The owner must cooperate with the HRA and with HUD in conducting any equal opporulnity
compliance reviews and complaint investigations in connection with the HCV program and the
HAP contract with the HRA,
See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity
Plymouth IIRA Page 13-7 1 -ICV Administrative Plan
requirements in the HCV program.
PART IL HAP CONTRACTS
13-II.A. OVERVIEW
The HAP contract represents a written agreement between the HRA and the owner of the
dwelling unit occupied by a HCV assisted family. The contract spells out the owner's
responsibilities under the prograin, as well as the HRA's obligations. Under the HAP contract,
the HRA agrees to make housing assistance payments to the owner on behalf of a specific family
occupying a specific unit.
The HAP contract is used for all HCV program tenancies except for assistance under the
Section 8 homeownership program, and assistance to families that own a manufactured home
and lease the space. See chapter 15 for a discussion of any special housing types included in the
HRA's HCV program.
If the HRA has given approval for the family of the assisted tenancy, the owner and the HRA
execute the HAP contract. See chapter 9 for a discussion of the leasing process, including
provisions for execution of the HAP contract.
13-II.B. HAP CONTRACT CONTENTS
The IIAP contract format is required by HUD, specifically Housing Assistance Payment (HAP)
Contract, Form HUD -52641.
The HAP contract contains three parts.
Part A of the contract includes basic contract information about the name of the tenant family,
address of the contract unit, names of all household members, first and last dates of initial lease
term, amount of initial monthly rent to owner, amount of initial housing assistance payment,
utilities and appliances to be supplied by owner and tenant, signatures of HRA and owner [HCV
Guidebook, pp 11-10 and 11-11].
In general, the HAP contract cannot be modified. IIowever, the IIRA does have the discretion to
add language to Part A of the HAP contract which prohibits the owner fiom collecting a security
deposit in excess of private market practices or in excess of amounts charged to unassisted
tenants. HRA policy on the amount of security deposit an owner may collect is found in
chapter 9.
In addition, the HRA has the discretion to add language to Part A of the HAP contract that
defines when the housing assistance payment by the HRA is deemed received by the owner (e.g.,
upon mailing by the HRA or actual receipt by the owner).
HRA Policy
The HRA has not adopted a policy that defines when the housing assistance payment by
the HRA is deemed received by the owner. Therefore, no modifications to the HAP
contract will be necessary.
Part B is the body of the contract. It describes in detail program requirements affecting the owner
and owner roles and responsibilities under the HCV program. Most of the requirements
Plymouth HRA Page 13-8 HCV Administrative Plan
Termination of HAP Payments [24 CFR 982.311(b)l
The HRA must continue making housing assistance payments to the owner in accordance with
the HAP contract as long as the tenant continues to occupy the unit and the HAP contract is not
violated.
HAP payments terminate when the HAP contract terminates or when the tenancy is terminated in
accordance with the terms of the lease.
If the owner has initiated eviction proceedings against the family and the family continues to
reside in the unit, the HRA must continue to make housing assistance payments to the owner
until the owner has obtained a court judgment or other process allowing the owner to evict the
tenant.
IIRA Policy
The owner must inform the HRA when the owner has initiated eviction proceedings
against the family and the family continues to reside in the unit.
The owner must inform the HRA when the owner has obtained a court judgment or other
process allowing the owner to evict the tenant, and provide the HRA with a copy of such
judgment or determination.
After the owner has obtained a court judgment or other process allowing the owner to
evict the tenant, the HRA will continue to make HAP payments to the owner until the
family actually moves from the unit or until the family is physically evicted fiom the unit,
whichever is earlier. The owner must inform the HRA of the date when the family
actually moves from the unit or the family is physically evicted from the unit.
13-II.D. BREACH OF HAP CONTRACT [24 CFR 982.4531
Any of the following actions by the owner constitutes a breach of the HAP contract:
If the owner violates any obligations under the HAP contract including failure to maintain the
unit in accordance with HQS
If the owner has violated any obligation under any other I -IAP contract under Section 8
If the owner has committed fraud, bribery or any other corrupt or criminal act in cormection
with any federal housing program
For projects with mortgages insured by HUD or loans made by HUD, if the owner has failed
to comply with the regulation ns for the applicable program; or if the owner has committed
fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan
If the owner has engaged in drug-related criminal activity
If the owner has committed any violent criminal activity
If the HRA determines that a breach of the HAP contract has occurred, it may exercise any of its
rights and remedies under the HAP contract.
The HRA rights and remedies against the owner under the HAP contract include recovery of any
HAP overpayment, suspension of housing assistance payments, abatement or reduction of the
Plymouth HRA Page 13-11 HCV Administrative Plan
housing assistance payment, termination of the payment or termination the HAP contract. The
HRA may also obtain additional relief by judicial order or action.
The HRA must notify the owner of its determination and provide in writing the reasons for the
determination. The notice may require the owner to take corrective action by an established
deadline. The HRA must provide the owner with written notice of any reduction in housing
assistance payments or the termination of the HAP contract.
HRA Policy
Before the HRA involves a remedy against an owner, the HRA will evaluate all
information and documents available to determine if the contract has been breached.
If relevant, the HRA will conduct an audit of the owner's records pertaining to the
tenancy or unit.
If it is determined that the owner has breached the contract, the HRA will consider all of
the relevant factors including the seriousness of the breach, the effect on the family, the
owner's record of compliance and the number and seriousness of any prior HAP contract
violations.
13-II.E. HAP CONTRACT TERM AND TERMINATIONS
The term of the HAP contract runs concurrently with the term of the dwelling lease [24 CFR
982.45 1 (a)(2)], beginning on the first day of the initial term of the lease and terminating on the
last day of the term of the lease, including any lease term extensions.
The HAP contract and the housing assistance payments made under the HAP contract terminate
if [HCV Guidebook pp. 11-4 - 11-6, pg. 15-3]:
The owner or the family terminates the lease;
The lease expires;
The HRA terminates the HAP contract;
The HRA terminates assistance for the family;
The family moves from the assisted unit. In this situation, the owner is entitled to keep the
housing assistance payment for the month when the family moves out of the unit;
180 calendar days have elapsed since the HRA made the last housing assistance payment to
the owner;
The family is absent from the unit for longer than the maximwn period permitted by the
HRA;
The Annual Contributions Contract (ACC) between the HRA and HUD expires; and,
The HRA elects to terminate the HAP contract.
HRA Policy
The HRA may elect to terminate the HAP contract in each of the following situations:
Available program funding is not sufficient to support continued assistance for
families in the program [24 CFR 982,454] (See Chal)ter 16-VIII.B Methodology);
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establishing the actual HAP costs year to date. To that figure, the HRA will add
anticipated HAP expenditures for the remainder of the calendar year. Projected HAP
expenditures will be calculated by multiplying the projected number of units leased per
remaining months by the most current month's average HAP. The projected number of
units leased per month will take into account the average monthly turnover of participant
families. If the total annual HAP needs equal or exceed the annual budget authority, or if
the HRA cannot support the cost of the proposed subsidy commitment (voucher issuance
or move) based on the funding analysis, the HRA will be considered to have insufficient
funding.
If the ACC is cut or not sufficient to cover HAI? expenses for current voucher holders. the
HRA will look at cost saving treasures such as reducing payment standards_ Should the
HRA have to terminate HAP Contracts, the HRA will terminate the most recent HAP
Contracts first (for ne_w HCV_vouchers issued).
PART IX: NOTIFICATION REGARDING APPLICABLE PROVISIONS OF THE
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005 (VAWA)
The Violence against Women Reauthorization Act of 2005 (VAWA) requires the HRA to inform
assisted tenants of their rights under this law, including their right to confidentiality and the
limits thereof. Since VAWA provides protections for applicants as well as tenants, the HRA may
elect to provide the same information to applicants. VAWA also requires the HRA to inform
owners and managers of their obligations under this law [24 CFR 5.2007(3)].
This part describes the steps that the HRA will take to ensure that all actual and potential
beneficiaries of its HCV program are notified about their rights and that owners and managers
are notified of their obligations under VAWA.
HRA Policy
The HRA will post the following information regarding VAWA in its offices and on its
Web site. It will also make the information readily available to anyone who requests it.
A summary of the rights and protections provided by VAWA to HCV program
applicants and participants who are or have been victims of domestic violence,
dating violence, or stalking (see sample notices in Exhibits 16-1 and 16-2)
The definitions of domestic violence, dating violence, and stalking provided in
VAAYA (included in Exhibits 16=1 and 16=2)
An explanation of the documentation that the HRA may require from an
individual who claims the protections provided by VAWA (included m Exhibits
16-1 and 16-2)
A copy of form HUD -50066, Certification of Domestic Violence, Dating
Violence, or Stalking
A statement of the HRA's obligation to keep confidential any information that it
receives from a victim unless (a) the HRA has the victim's written permission to
release the information, (b) it needs to use the information in an eviction
proceeding, or (c) it is compelled by law to release the information (included in
Exhibits 16-I and 16-2)
PlYMOLIth HRA Page 16-27 HCV Administrative Plan
The National Domestic Violence Hot Line: 1 -800 -799 -SAFE (7233) or
1-800-787-3224 (TTY) (included in Exhibits 16-1 and 16-2)
Contact information for local victim advocacy groups or service providers
16-IX.A. NOTIFICATION TO PARTICIPANTS [24 CFR 5.2007(3)(i)]
VAWA requires the HRA to notify HCV program participants of their rights under this law,
including their right to confidentiality and the limits thereof.
HRA Policy
The HRA will provide all participants with notification of their protections and rights
under VAWA at the time of admission and at annual reexamination.
The notice will explain the protections afforded under the law, inform the participant of
IIRA confidentiality requirements, and provide contact information for local victim
advocacy groups or service providers.
The HRA will also include in all assistance termination notices a statement explaining
assistance termination protection provided by VAWA (see Section 12-II.E).
16-IX.B. NOTIFICATION TO APPLICANTS
HRA Policy
The HRA will provide all applicants with notification of their protections and rights
under VAWA at the time of their briefing session.
The notice will explain the protections afforded under the law, inform each applicant of
HRA confidentiality requirements, and provide contact information for local victim
advocacy groups or service providers.
The HRA will also include in all notices of denial a statement explaining the protection
against denial provided by VAWA (see section 3 -III. G).
16-IX.C. NOTIFICATION TO OWNERS AND MANAGERS [24 CFR 5.2007(3)(ii)j
VAWA requires the HRA to notify owners and managers of their rights and responsibilities
under this law.
HRA Policy
Inform property owners and managers of their screening and termination responsibilities
related to VAWA. The HRA may utilize any or all of the following means to notify
owners of their VAWA responsibilities:
As appropriate in day to day interactions with owners and managers.
Inserts in HAP payments, 1099s, owner workshops, classes, orientations, and/or
newsletters.
Plymouth HRA Page 16-28 HCV Administrative Plan
Appendix A
METROPOLITAN HOUSING OPPORTUNITIES PROGRAM UNITS
BACKGROUND
There are four two-bedroom Metropolitan Housing Opportunities Program (MHOP) units at
Stone Creek Village and two three-bedroom units at Shenandoah Woods.
APPLICANT SELECTION PROCEDURE
When a MHOP unit becomes available, the apartment manager will contact the HRA Specialist.
Applicants for MHOP units will be selected from the Plymouth HRA waiting list. Those
applicants will be sent information on the property, the unit(s) available and the project
management's application process. The applicants, if interested, will be directed to complete the
tenancy application and/or contact the project management office. The waiting list will be
maintained in accordance with Chapter 4 Part II Managing the Waiting List of the Plymouth
HRA Housing Choice Voucher (HCV) Administrative Plan. The HRA Specialist will send the
names, addresses, phone numbers and copies of the letters sent of the first five to ten applicants
on the waiting list eligible for the bedroom size(s) available, in accordance with Chapter 5 Part II
Subsidy Standards described in the HCV Administrative Plan to the apartment manager.
HCV applicants who decline the opportunity to apply for a MHOP unit will remain on the HCV
waiting list. Applicants who accept a MHOP unit will also remain on the HCV waiting list
unless the family was evicted from the MHOP unit or unless directed by the family to remove
from the waiting list.
GRIEVANCE PROCEDURE
1. APPLICABILITY
A. The HRA Grievance Procedure is applicable to all individual Grievances as defined in
Section 2 between the Tenant and project management, except as provided in paragraphs
i and ii below. The HRA will exclude from its procedure any Grievance concerning an
eviction or termination of tenancy that involves:
Any criminal activity, that threatens the health, safety, or right to peaceful enjoyment
of the premises by other residents; or
ii. Any drug-related criminal activity on or off the premises.
B. The Grievance Procedure is not a forum for initiating or negotiating policy changes
between a group or groups of Tenants and the HRA Board of Commissioners.
Plymouth HRA Appendix A-1 IICV Administrative Plan
2. DEFINITIONS
A. "Grievance" means any dispute that a Tenant may have with respect to the project
management action or failure to act, in accordance with the individual Tenant's lease or
HRA regulations, that adversely affects the individual Tenant's rights, duties, welfare or
status.
B. "Complainant" means any Tenant whose Grievance is presented to the project
management office in accordance with Section 3 of this procedure.
C. "Tenant" means the adult person (or persons):
i. Who resides in the dwelling unit and who executed the lease with the project
management as lessee(s) of the unit, or if no such person now resides in the unit,
ii. Who resides in the dwelling unit, and who is the remaining head of household of the
Tenant family residing in the unit.
iii. "Tenant" does not include a live-in aide.
3. INFORMAL SETTLEMENT OF GRIEVANCE
A Grievance must be personally presented by a Complainant, either orally or in writing, to the
project management office so that the Grievance may be discussed informally and possibly
settled without an Informal Review by the HRA. The Grievance must be presented within ten
10) working days of the project management's action or failure to act. A summary of the
informal discussion shall be prepared within the next ten (10) working days and a copy shall be
given to the Complainant and one copy retained in the project management's Tenant file. The
summary shall specify the names of the participants, date of the meeting, the nature of and
specific reasons for the proposed disposition of the complainant, and the procedures by which an
Informal Review under Section 4 may be obtained if the Complainant is not satisfied.
4. PROCEDURES TO OBTAIN AN INFORMAL REVIEW
The Complainant shall submit a written request for scheduling an Informal Review. A request
for an informal review must be made in writing and delivered to the HRA either in person, by
first class mail, email or fax by the close of the business day, no later than 10 business days fiom
the date of the notice to the family.
r__r i n n S_____ r r+r on cr ZL» In ort -nal Review 1 rocedures [2 C' R 902.0 ku)]
Informal reviews will be conducted by the Section 8 Manager or HRA Executive Director. The
IIRA will schedule the informal review within 10 business days from the date the request is
received and send notification of such to the applicant. The tenant will be provided the
opportunity to present written or oral objections to the decision of the project management.
Plymouth HRA Appendix A-2 HCV Administrative Plan
Informal Review Decision [24 CFR 982.554(b)]
The HRA must notify the tenant of the HRA's final decision, including a brief statement of the
reasons for the final decision. In rendering a decision, the HRA will evaluate the following
matters:
Whether or not the grounds for termination of assistance were stated factually in the
Notice.
The validity of the evidence. The HRA will evaluate whether the facts presented prove
the grounds for termination of assistance. If the facts prove that there are grounds for
termination, the HRA will uphold the decision to terminate assistance.
The HRA will notify the tenant of the final decision, including a statement explaining the
reason(s) for the decision. The notice will be mailed within 10 business days of the informal
review, to the tenant and his or her representative, if any.
If the project management's decision to terminate assistance is overturned as a result of
the informal review, assistance will resume.
If the tenant fails to appear for their informal review, the termination of assistance will
stand and the tenant will be so notified.
Plymouth HRA Appendix A-3 HCV Administrative Plan
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U.S. Department of Housing and Urban Development
Office of Public and Indian Housing9°qH oEv L°
Special Attention: NOTICE PIH 2013-03 (HA)
Directors of HUD Regional and Field
Offices of Public Housing; PIH Program Center Issued: January 22, 2013
Coordinators; Public Housing Agencies
Expires: March 31, 2014
Subject: Public Housing and Housing Choice Voucher Programs — Temporary
Compliance Assistance
Purpose: This Notice establishes temporary guidelines for public housing agencies
PHAs) in fulfilling certain Public Housing (PH) and Housing Choice Voucher
HCV) program requirements during this period of decreased resources available to
PHAs. These guidelines are intended to facilitate the ability of PHAs to continue,
without interruption and with minimal burden, the delivery of rental assistance to
eligible families in their communities. The temporary provisions established by this
Notice will be available to PHAs until March 31, 2014.
The economic downturn that commenced in 2008 and which continues has only
increased the need for housing assistance. Increased demand for housing assistance
without corresponding increased resources strains the operations of PHAs, and
jeopardizes their ability to assist families at a time when families most need housing
assistance. Increasing administrative flexibility should allow PHAs to deliver rental
assistance more efficiently and expeditiously. Reduction of administrative burden is
anticipated to allow PHAs to better manage their programs within current allocated
budget authority. The temporary guidelines are also designed to increase efficiencies,
minimizing the use of resources for program administration. HUD intends to pursue
more permanent changes to increase flexibility and reduce administrative burden and
will be informed by PHAs' use of the temporary compliance provisions of this
Notice.
2. Applicability: This Notice applies to both the PH and HCV programs, except where
noted.
3. Temporary Provisions:
Allow option to use narticinants' actual hast income in verifvini! income.
Projecting expected income and obtaining the additional documentation necessary to
project income places an unnecessary burden on PHA staff time and resources when
compared to the minimal annual change in tenant incomes, Further, projecting
income can lead to PHA staff errors that result in improper rent determinations. This
2
provision is intended to simplify the requirements associated with determining a
participant's annual income (24 CFR 5.609(a)(2)).
In determining annual income, PHAs may choose to use either actual past income or
projected future income. Currently, annual income includes income that is
anticipated to be received from a source outside the family during the 12 -month
period following the effective date of admission or annual reexamination. This
Notice provides PHAs with the option of determining annual income based on past
actual income received or earned within the last 12 months. If a PHA operates both
PH and HCV programs, this option is available for both of their programs.
For the purpose of verifying income reported in HUD's Enterprise Income
Verification (EIV) system, PHAs that choose to use actual past income must use the
most recent 12 months of income information available in EIV. Because this EIV
report will give actual earnings data verified by a third party, the program participant
is no longer required to provide third party documentation (e.g., paystubs, payroll
summary report, unemployment monetary benefit notice).
If there has been a change in circumstances for a tenant, or a tenant disputes the EIV -
reported income information and is unable to provide acceptable documentation to
resolve the dispute, the PHA must request written third -party verification. For
example, if a program participant lost his/her job, changed jobs, or reduced their
hours in the months subsequent to the time period covered in EIV, the PHA must use,
at the participant's request, the more recent income information verified by participant
provided third -party documentation (e.g., paystubs, payroll summary report,
unemployment monetary benefit notice) or through written third -party verification,
which reflects the new or current work circumstance.
PHAs must continue to verify income from sources not available in EIV. However,
PHAs must use the same time period for both wage and non -wage income. For
example, if a PHA uses EIV information from July 2011 to .lune 2012 for the purpose
of verifying income from wages, the PHA must use the same time period for any non-
wage income.
Allow households to self -certify -as to having assets of less than $5,000.
Tenants with assets below $5,000 typically generate minimal income from these
assets which results in small changes to tenant rental payments. However, PHAs
spend significant time verifying such assets which strains PHA budgets, and leads to
increased staff errors. This provision is intended to simplify the requirements
associated with determining a participant's annual income (24 CFR 5.609(b)(3),
982.516(a)(2)(ii), 960.259(c)),
Families with assets are required to report all assets annually. The amount of interest
earned on those assets is included as income used to calculate the tenant's rent
obligation. Currently, where the family has net family assets in excess of $5,000,
annual income includes the greater of the actual income derived from all net family
assets or a percentage of the value of such assets based on the current passbook
savings rate.
This Notice allows a PHA to accept a family's declaration of the amount of assets of
less than $5,000, and the amount of income expected to be received from those assets.
The PHA's application and reexamination documentation, which is signed by all
adult family members, can serve as the declaration. Where the family has net family
assets equal to or less than $5000, the PHAs does not need to request supporting
documentation (e.g. bank statements) from the family to confirm the assets or the
amount of income expected to be received from those assets. Where the family has
net family assets in excess of $5000, the PHA must obtain supporting documentation
e.g. bank statements) from the family to confirm the assets. Any assets will continue
to be reported on HUD Form 50058.
Allow optional „streamlined annual reexaminations for elderly families andPdisabledfamiliesonfixedincomes. ^^
T
PHAs are statutorily required to verify income and calculate rent annually, including
for elderly and disabled families on fixed incomes. The requirement to undertake the
complete process for income verification and rent determination for families on fixed
incomes is not necessary given the infrequency of changes to their incomes. Further,
this requirement requires considerable staff time and PHA resources. This provision
is intended to simplify the requirements associated with determining the annual
income of participants on fixed incomes (24 CFR 982.516, 960.257).
PHAs may opt to conduct a streamlined reexamination of income for elderly families
and disabled families when 100 percent of the family's income consists of fixed
income. In a streamlined reexamination, PHAs will recalculate family incomes by
applying any published cost of living adjustments to the previously verified income
amount.
For purposes of this notice, the term `fixed income' includes income from:
1. Social Security payments to include Supplemental Security Income (SSI)
and Supplemental Security Disability Insurance (SSDI);
2. Federal, State, local, and private pension plans; and
3. Other periodic payments received from annuities, insurance policies,
retirement funds, disability or death benefits, and other similar types of
periodic receipts that are of substantially the same amounts from year to
year.
Allow PHAs to establish a payment standard of not more than 120 percent of the
fair market rent (FMR) withont HUD approval as a reasonable accommodation.
Under current regulations, PHAs must request a waiver from a HUD Field Office for
exception payment standards above 110% of the FMR; this process takes
considerable administrative time for the PHA and, in some cases, the processing time
for the waiver prevents the family from leasing the utiit. Under this provision, PHAs
rd
may approve a payment standard of not more than 120 percent of the FMR without
HUD approval if required as a reasonable accommodation for a family that includes a
person with disabilities. This provision applies to the HCV program only and allows
a PHA to establish a payment standard within limits currently permitted but
designated for approval only by a HUD Field Office (24 CFR 982.503(c)(2)(13)(ii)).
For any voucher unit assisted under the program, PHAs must perform a rent
reasonableness determination in accordance with the section 8(0)(10) of the U.S.
Housing Act of 1937 and the HCV program regulations. Therefore, PHAs who
utilize this provision must maintain documentation that the PHA performed the
required rent reasonableness analysis. In addition, the PHA must maintain
documentation that that the unit has the feature(s) required to meet the needs of the
person with disabilities.
4. Adoption of Temporary Provisions: A PHA that chooses to adopt any provisions
described in this Notice must notify HUD by email at
P1FITemporaryCoinpliancenhud.gov. This email should also include either the Field
Office Public Housing Director or the Program Center Coordinator as a recipient.
Any temporary provision made available to a PHA under this Notice that a PHA
elects to apply must be adopted in the PHA's HCV program administrative plan (24
CFR 982.54) or PH program tenant selection policies (24 CFR 960.202 and
960.257(c)). In cases where changes to policies are determined by the PHA to be an
amendment to the PHA's Annual Plan that is significant, as defined by the PHA, the
PHA must comply with the amendment provisions of 24 CFR 903.21, including
soliciting public comment and consulting with the resident advisory board.
5, Paperwork Reduction Act: The information collection requirements contained in
this Notice have been approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned
OMB control numbers 2577-0220 and 0169. In accordance with the Paperwork
Reduction Act, HUD may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection displays a currently valid
OMB control number.
6. Further information: Any questions pertaining to this Notice may be addressed to
Todd Thomas, (202)402-5849, or by electronic mail at Todd.C.ThomasLeuhud.gov
about the Public Housing program or Caroline Crouse, (202)402-4595, or by
electronic mail at Caroline.P.Crouse ,hud. ov about the Housing Choice Voucher
program.
s/
Sandra B. Henriquez, Assistant Secretary for
Public and Indian Housing