§ 26-128Introduction.
§ 26-129Annual activities. [24 CFR 982.516, 982.405]
§ 26-130Annual recertification/reexamination. [24 CFR 982.516]
§ 26-131Reporting interim changes. [24 CFR 982.516]
§ 26-132Other interim reporting issues.
§ 26-133Income changes resulting from welfare program requirements.
[24 CFR 5.615]
§ 26-134Notification of results of recertifications. [HUD Notice PIH
98-6]
§ 26-135Timely reporting of changes in income (and assets). [24 CFR
982.516(c)]
§ 26-136Changes in voucher size as a result of family composition changes.
[24 CFR 982.516(c)]
§ 26-137Continuance of assistance for "mixed" families. [24 CFR 5.518]
§ 26-138Misrepresentation of family circumstances.
In accordance with HUD requirements, the WHA will reexamine the income and household composition of all families at least annually. Families will be provided accurate annual and interim rent adjustments. Recertifications and interim examinations will be processed in a manner that ensures families are given reasonable notice of rent increases. All annual activities will be coordinated in accordance with HUD regulations. It is a HUD requirement that families report all changes in household composition. This article defines the WHA's policy for conducting annual recertifications and coordinating annual activities. It also explains the interim reporting requirements for families and the standards for timely reporting.
Families are required to be recertified at least annually.
Moves between reexaminations.
Reexamination notice to the family. The WHA will maintain a reexamination tracking system, and the household will be notified by mail of the date and time for its interview at least 90 days in advance of the anniversary date. If requested as an accommodation by a person with a disability, the WHA will provide the notice in an accessible format. The WHA will also mail the notice to a third party, if requested as reasonable accommodation for a person with disabilities. These accommodations will be granted upon verification that they meet the need presented by the disability.
Procedure. The WHA's procedure for conducting annual recertifications will be to schedule the date and time of appointments and mail a notification to the family or permit the family to schedule the date and time of appointment, as appropriate.
Completion of annual recertification. The WHA will have all recertifications for families completed before the anniversary date. This includes notifying the family of any changes in rent at least 30 days before the scheduled date of the change in family rent.
Persons with disabilities. Persons with disabilities who are unable to come to the WHA's office will be granted an accommodation by conducting the interview at the person's home or by mail, upon verification that the accommodation requested meets the need presented by the disability.
Collection of information [24 CFR 982.516(f)]. The WHA has established appropriate recertification procedures necessary to ensure that the income data provided by families is complete and accurate.
The WHA representative will interview the family and enter the information provided by the family on the recertification form, review the information with the family and have family members sign the form.
The WHA will require the family to complete a personal declaration form prior to all recertification interviews.
Failure to respond to notification to recertify.
The written notification must state which family members are required to attend the interview. The family may call to request another appointment date up to one day prior to the interview.
If the family does not appear for the recertification interview, and has not rescheduled or made prior arrangements with the WHA, the WHA will reschedule a second appointment.
If the family fails to appear for the second appointment, and has not rescheduled or made prior arrangements, the WHA will send the family notice of termination and offer it an informal hearing.
Exceptions to these policies may be made by the Housing Choice Voucher Program Coordinator if the family is able to document an emergency situation that prevented it from canceling or attending the appointment or if requested as a reasonable accommodation for a person with a disability.
Verification of information. The WHA will follow the verification procedures and guidelines described in this chapter. Verifications for reexaminations must be less than 120 days old.
Tenant rent increases.
If tenant rent increases, a thirty-day notice is mailed to the family prior to the scheduled effective date of the annual recertification.
If less than 30 days are remaining before the scheduled effective date of the annual recertification, the tenant rent increase will be effective on the first of the month following the thirty-day notice.
If there has been a misrepresentation or a material omission by the family, or if the family causes a delay in the reexamination processing, there will be a retroactive increase in rent to the scheduled effective date of the annual recertification.
Tenant rent decreases.
If tenant rent decreases, it will be effective on the anniversary date.
If the family causes a delay so that the processing of the reexamination is not complete by the anniversary date, rent change will be effective on the first day of the month following completion of the reexamination processing by the WHA.
Program participants must report all changes in household composition to the WHA within 10 calendar days of the change. This includes additions due to birth, adoption and court-awarded custody. The family must obtain WHA approval prior to all other additions to the household.
If any new family member is added, family income must include any income of the new family member. The WHA will conduct a reexamination to determine such additional income and will make the appropriate adjustments in the housing assistance payment and family unit size.
The U.S. citizenship/eligible immigrant status of additional family members must be declared and verified as required at the first interim or regular recertification after moving into the unit.
Interim reexamination policy. The WHA will conduct interim reexaminations when families have an increase in income.
Decreases in income. Participants must report a decrease in income and other changes which would reduce the amount of tenant rent, such as an increase in allowances or deductions. The WHA must calculate the change if a decrease in income is reported.
WHA errors. If the WHA makes a calculation error at admission to the program or at an annual reexamination, an interim reexamination will be conducted, if necessary, to correct the error, but the family will not be charged retroactively. Families will be given decreases, when applicable, retroactive to when the decrease for the change would have been effective if calculated correctly.
Effect of changes.
The WHA will not reduce the family share of rent for families whose welfare assistance is reduced due to a "specified welfare benefit reduction," which is a reduction in benefits by the welfare agency specifically because of:
However, the WHA will reduce the rent if the welfare assistance reduction is a result of:
Definition of COVERED FAMILY — A household that receives benefits for welfare or public assistance from a state or public agency program which requires, as a condition of eligibility to receive assistance, the participation of a family member in an economic self-sufficiency program.
Definition of IMPUTED WELFARE INCOME —
The amount of annual income not actually received by a family as a result of a specified welfare benefit reduction that is included in the family's income for purposes of determining rent.
The amount of imputed welfare income is determined by the WHA, based on written information supplied to the WHA by the welfare agency, including:
The family's annual income will include the imputed welfare income, as determined at the family's annual or interim reexamination, during the term of the welfare benefits reduction (as specified by the welfare agency).
The amount of imputed welfare income will be offset by the amount of additional income the family receives that commences after the sanction was imposed. When additional income from other sources is at least equal to the imputed welfare income, the imputed welfare income will be reduced to zero.
If the family was not an assisted resident when the welfare sanction began, imputed welfare income will not be included in annual income.
If the family claims the amount of imputed welfare income has been calculated incorrectly, a housing data clerk will review the calculation for accuracy. If the imputed welfare income amount is correct, the WHA will provide a written notice to the family that includes:
Verification before denying a request to reduce rent.
The WHA will obtain written verification from the welfare agency stating that the family's benefits have been reduced due to fraud or noncompliance with welfare agency economic self-sufficiency or work activities requirements before denying the family's request for rent reduction.
The WHA will rely on the welfare agency's written notice to the WHA regarding welfare sanctions.
Cooperation agreements. [24 CFR 5.613]
The WHA has executed a memorandum of understanding with the local welfare agency under which the two parties establish objectives to:
Target public assistance benefits and services to participants in the WHA's Self-Sufficiency Program;
Coordinate and streamline administrative functions to ensure the efficiency delivery of services to families; and
Work in partnership to reward work and reduce welfare or housing assistance fraud.
The WHA will continue to work with the local welfare agency to improve information-sharing and verification procedures.
Family dispute of amount of imputed welfare income. If the family disputes the amount of imputed income and the WHA denies the family's request to modify the amount, the WHA will provide the tenant with a notice of denial, which will include:
Standard for timely reporting of changes.
The WHA requires that families report interim changes to the WHA within 15 days of when the change occurs. Any information, document or signature needed from the family which is needed to verify the change must be provided within 15 days of the change.
An exception will be made for TANF recipients who obtain employment. In such cases, families will have to report within 15 days of receipt of the notice of action from TANF that shows the full adjustment for employment income.
If the change is not reported within the required time period, or if the family fails to provide documentation or signatures, it will be considered untimely reporting.
Procedures when the change is reported in a timely manner.
The WHA will notify the family and the owner of any change in the housing assistance payment to be effective according to the following guidelines:
The Woonsocket Housing Authority will increase rent between annual reexaminations when the reported increase in the household will be more than $150 per month except when it is determined that the resident misrepresented income or expenses at the annual reexamination.
Decreases in the tenant rent are effective the first of the month following that in which the change is reported. However, no rent reductions will be processed until all the facts have been verified, even if a retroactive adjustment results.
The change will not be made until the third-party verification is received.
Procedures when the change is not reported by the family in a timely manner. If the family does not report the change as described under timely reporting, the family will have caused an unreasonable delay in the interim reexamination processing, and the following guidelines will apply:
Increase in tenant rent will be effective retroactive to the date it would have been effective had it been reported on a timely basis. The family will be liable for any overpaid housing assistance and may be required to sign a repayment agreement.
Decrease in tenant rent will be effective on the first of the month following the month that the change was reported.
Procedures when the change is not processed by the WHA in a timely manner.
"Processed in a timely manner" means that the change goes into effect on the date it should when the family reports the change in a timely manner. If the change cannot be made effective on that date, the change is not processed by the WHA in a timely manner.
In this case, an increase will be effective after the required 30 days' notice prior to the first of the month after completion of processing by the WHA.
If the change resulted in a decrease, the overpayment by the family will be calculated retroactively to the date it should have been effective, and the family will be credited for the amount.
See Article V, Subsidy Standards.
Under the Noncitizens Rule, "mixed" families are families that include at least one citizen or eligible immigrant and any number of ineligible members.
The Noncitizens Rule was implemented prior to November 29, 1996, and "mixed" families who were participants as of June 19, 1995, shall continue receiving full assistance if they meet all of the following criteria:
The head of household or spouse is a U.S. citizen or has eligible immigrant status; and
All members of the family other than the head, the spouse, parents of the head or the spouse, and children of the head or spouse are citizens or eligible immigrants. The family may change the head of household to qualify under this provision.
If any participant deliberately misrepresents the information on which eligibility or tenant rent is established, the WHA may terminate assistance and may refer the family file/record to the proper authorities for appropriate disposition. (See Program Integrity Addendum.
