§ 26-87Introduction.
§ 26-88Issuance of vouchers. [24 CFR 982.204(d), 982.54(d)(2)]
§ 26-89Briefing types and required attendance. [24 CFR 982.301]
§ 26-90Encouraging participation in areas without low-income or minority
concentration.
§ 26-91Assistance to families who claim discrimination.
§ 26-92Security deposit requirements. [24 CFR 982.313]
§ 26-93Term of voucher. [24 CFR 982.303, 982.54(d)(11)]
§ 26-94Voucher issuance determination for split households. [24 CFR
982.315]
§ 26-95Remaining member of tenant family; retention of voucher. [24
CFR 982.315]
The WHA's goals and objectives are designed to assure that families selected to participate are equipped with the tools necessary to locate an acceptable housing unit. Families are provided sufficient knowledge and information regarding the program and how to achieve maximum benefit while complying with program requirements. When eligibility has been determined, the WHA will conduct a mandatory briefing to ensure that families know how the program works. The briefing will provide a broad description of owner and family responsibilities, WHA procedures, and how to lease a unit. The family will also receive a briefing packet which provides more detailed information about the program, including the benefits of moving outside areas of poverty and minority concentration. This article describes how briefings will be conducted, the information that will be provided to families, and the policies for how changes in the family composition will be handled.
When funding is available, the WHA will issue vouchers to applicants whose eligibility has been determined. The number of vouchers issued must ensure that the WHA stays as close as possible to one-hundred-percent lease-up. The WHA performs a monthly calculation manually to determine whether applications can be processed, the number of vouchers that can be issued, and to what extent the WHA can over-issue (issue more vouchers than the budget allows to achieve lease-up).
The WHA may over-issue vouchers only to the extent necessary to meet leasing goals. All vouchers which are over-issued must be honored. If the WHA finds it is over-leased, it must adjust future issuance of vouchers in order not to exceed the ACC budget limitations over the fiscal year.
Initial applicant briefing.
A full HUD-required briefing will be conducted for applicant families who are determined to be eligible for assistance. The briefings will be conducted in groups. Families who attend group briefings and still have the need for individual assistance will be referred to the Housing Choice Voucher Program Coordinator.
Briefings will be conducted in English and Spanish.
The purpose of the briefing is to explain how the program works and the documents in the voucher holder's packet to families so that they are fully informed about the program. This will enable them to utilize the program to their advantage, and it will prepare them to discuss the program with potential owners and property managers.
The WHA will not issue a voucher to a family unless the household representative has attended a briefing and signed the voucher. Applicants who provide prior notice of inability to attend a briefing will automatically be scheduled for the next briefing. Applicants who fail to attend two scheduled briefings, without prior notification and approval of the WHA, may be denied admission based on failure to supply information needed for certification. The WHA will conduct individual briefings for families with disabilities at their homes, upon request by the family, if required for reasonable accommodation.
Briefing packet [24 CFR 982.301(b)].
The documents and information provided in the briefing packet for the voucher program will comply with all HUD requirements.
The family is provided with the following information and materials:
The term of the voucher and the WHA policy for requesting extensions or suspensions of the voucher (referred to as "tolling").
A description of the method used to calculate the housing assistance payment for a family, including how the WHA determines the payment standard for a family; how the WHA determines total tenant payment for a family and information on the payment standard and utility allowance schedule. How the WHA determines the maximum allowable rent for an assisted unit, including the rent reasonableness standard.
Where the family may lease a unit. For family that qualifies to lease a unit outside the WHA 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 WHA policy on providing information about families to prospective owners.
The WHA subsidy standards, including when and how exceptions are made and how the voucher size relates to the unit size selected.
The HUD brochure on how to select a unit and/or the HUD brochure "A Good Place to Live" on how to select a unit that complies with HQS.
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 in the search, and known units available for the voucher issued. The list includes landlords or other parties who are willing to lease units or help families find units outside areas of poverty or minority concentration.
If the family includes a person with disabilities, notice that the WHA will provide a list of available accessible units known to the WHA.
The family obligations under the program.
The grounds on which the WHA may terminate assistance for a participant family because of family action or failure to act.
WHA informal hearing procedures, including when the WHA is required to offer a participant family the opportunity for an informal hearing and how to request the hearing.
Information packet, including an explanation of how portability works, including a list of neighboring housing agencies with the name, address and telephone number of a portability contact person at each for use by families who move under portability (required for PHAs in MSAs).
A map showing areas representing various income levels of the jurisdiction and surrounding areas for the purpose of expanding housing opportunities for families (required for PHAs in MSAs).
Information regarding the WHA's outreach program which assists families who are interested in or experiencing difficulty in obtaining available housing units in areas outside of minority concentrated locations.
A list of properties or property management organizations that own or operate housing units outside areas of poverty or minority concentration (required for PHAs in MSAs).
WHA's sample lease for owners who do not use a lease for their unassisted tenants.
An HQS checklist.
Requirements for reporting changes between annual recertifications.
Information on security deposits.
Exercising choice in residency.
Choosing a unit carefully and only after due consideration.
The Family Self-Sufficiency Program and its advantages.
If the family includes a person with disabilities, the WHA will ensure compliance with 24 CFR 8.6 to ensure effective communication.
Signature briefing.
All new owners will be required to attend a signature briefing with the family head to execute contracts and leases. Other owners will be encouraged to attend signature briefings to reduce future conflict between the owner and tenant. The WHA will provide details on the program rules and relationships and responsibilities of all parties.
Interested owners who request to sit in on scheduled family briefings to obtain information about the voucher program will be allowed to do so if the request is made within one day of the scheduled briefing.
At the briefing, families are encouraged to search for housing in nonimpacted areas, and the WHA will provide assistance to families who wish to do so.
The WHA will give participants a copy of HUD Form 903 to file a complaint.
The owner is not required to but may collect a (one) security deposit from the tenant.
Security deposits charged to families may be any amount the owner wishes to charge, subject to the following conditions: Security deposits charged by owners may not exceed those charged to unassisted tenants (nor the maximum prescribed by state or local law.)
For lease-in-place families, responsibility for first and last month's rent is not considered a security deposit issue. In these cases, the owner should settle the issue with the tenant prior to the beginning of assistance.
During the briefing session, each household will be issued a voucher which represents a contractual agreement between the WHA and the family specifying the rights and responsibilities of each party. It does not constitute admission to the program, which occurs when the lease and contract become effective.
Expirations.
The voucher is valid for a period of at least 60 calendar days from the date of issuance. The family must submit a request for approval of the tenancy and lease within the sixty-day period unless an extension has been granted by the WHA.
If the voucher has expired and has not been extended by the WHA or expires after an extension, the family will be denied assistance. The family will not be entitled to a review or hearing. If the family is currently assisted, it may remain as a participant in its unit if there is an assisted lease/contract in effect.
Suspensions. When a request for approval of tenancy is received, the WHA will deduct the number of days required to process the request from the sixty-day term of the voucher.
Extensions. Extensions are permissible at the discretion of the WHA up to a maximum of an additional 60 days, primarily for these reasons:
Extenuating circumstances such as hospitalization or a family emergency for an extended period of time which has affected the family's ability to find a unit within the initial sixty-day period. Verification is required.
The family was prevented from finding a unit due to disability accessibility requirements or large-size bedroom unit requirement.
Assistance to voucher holders.
Families who require additional assistance during their search may call the WHA Office to request assistance. Voucher holders will be notified at their briefing session that the WHA periodically updates the listing of available units and how the updated list may be obtained.
The WHA will assist families with negotiations with owners and provide other assistance related to the families' search for housing.
In those instances when a family assisted under the Section 8 Program becomes divided into two otherwise eligible families due to divorce, legal separation, or the division of the family, and the new families cannot agree as to which new family unit should continue to receive the assistance, and there is no determination by a court, the Housing Choice Voucher Program Coordinator shall consider the following factors to determine which of the families will continue to be assisted:
Which of the two new family units has custody of dependent children.
Which family member was the head of household when the voucher was initially issued (listed on the initial application).
The composition of the new family units, and which unit contains elderly or disabled members.
Whether domestic violence was involved in the breakup.
Which family members remain in the unit.
Recommendations of social service professionals.
Documentation of these factors will be the responsibility of the requesting parties.
If documentation is not provided, the WHA will terminate assistance on the basis of failure to provide information necessary for a recertification.
To be considered the remaining member of the tenant family, the person must have been previously approved by the PHA to be living in the unit and must have lived in the unit for a minimum of one year.
A live-in attendant, by definition, is not a member of the family and will not be considered a remaining member of the family.
In order for a minor child to continue to receive assistance as a remaining family member:
A reduction in family size may require a reduction in the voucher family unit size.
