HomeMy WebLinkAbout2007 08 15NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, AUGUST 15, 2007 at 5:00 P.M. at the ARC, 14403 -B East Pacific Avenue,
Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
Dated: August 9, 2007
NO OTHER BUSINESS WILL BE DISCUSSED
AFFIDAVIT OF POSTING
"original signed"
Manuel Lozano
Mayor
I, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park, certify that I
caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard
copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said
notice as required by law on August 9, 2007.
K., ,'
Rosemary M. Gutierrez
Chief Deputy City Clerk
City Council & Community Development Commission
Special Meeting Agenda — August 15, 2007
AGENDA
BALDWIN PARK
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETING
Please Note
AUGUST 15, 2007 Time
5:00 P.M. &
Location
ARTS & RECREATION CENTER
94403 -B EAST PACIFIC AVENUE
BALDWIN PARK, CA 99706
Manuel Lozano
- Mayor /Chair
Marlon Garcia
- Mayor Pro Tem/Vice Chair
Anthony J. Bejarano
- Council Member/Member
David J. Olivas
- Council Member/Member
Ricardo Pacheco
- Council Member/Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish - speaking interpreter is
available for your convenience.
City Council & Community Development Commission
Special Meeting Agenda — August 15, 2007
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier terra que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podr6 hacerlo durante el
perfodo de Comentarios del POblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un inter rete Para su conveniencia.
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETING — 5:OOP.M.
CALL TO ORDER
ROLL CALL: Councilmembers /Members: Anthony J. Bejarano, David
J. Olivas, Ricardo Pacheco, Mayor Pro Tem[Vice Chair
Marlon Garcia and Mayor /Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sercl el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaracibnes o preguntas hechas par personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracibn en juntas proximas. [Codigo de Gobierno §54954.2]
ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSION
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9(a))
Name of Case: Hugo Carrillo v. City of Baldwin Park
Case Number: 01- 04 -028A
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
A) Properties: 13979 Garvey Avenue
13919 Corak Street
13911 Corak Street
13905 Corak Street
3097 Feather Avenue
3091 Feather Avenue
3081 Feather Avenue
3073 Feather Avenue
3069 Feather Avenue
3067 Feather Avenue
3060 Feather Avenue
City Council & Community Development Commission
Special Meeting Agenda —August 15, 2007
13755 Erancisquito Avenue
13904 Corak Street
13853 Garvey Avenue
13851 Garvey Avenue
13822 Garvey Avenue
13916 Garvey Avenue
Negotiators: Vijay Singhal, Stephanie Scher, and Joe Pannone
Negotiating Parties: NewMark Merrill Companies
Under Negotiation: I
B) Property:
Negotiators:
Negotiating Parties:
Under Negotiation:
'rice and Terms of Conveyance of Property
14327 Ramona Boulevard
Vijay Singhal, Stephanie Scher and Joe Pannone
Bill Hernandez representing Baldwin Park Chamber of
Commerce
Price and Terms of Conveyance of Property
3. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6)
Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and
other representatives as designated
Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police
Management Employees; Confidential Employees; Baldwin
Park Police Officer's Association and General Management
Employees
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
1, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin
perjury under the laws of the State of California, that the foregoing agenda
board not less than 24 hours prior to the meeting. Dated August 9, 2007.
Rosemary M. Gutierrez
Chief Deputy City Clerk
City Council & Community Development Commission
Special Meeting Agenda — August 15, 2007
Park hereby certify under penalty of
was posted on the City Hall bulletin
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los
Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda
items, please contact the office of the City Clerk at 626.960.4019, ext. 108 or 626.960.4011, ext. 466 or
via email at rgutierrez(a)baldwinpark.com orinietoo- baldwin,oark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4091. Notification
48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to
this meeting. (28 CFR 34.9 02.104 ADA TITLE ll )
City Council & Community Development Commission
Special Meeting Agenda — August 15, 2007
AGENDA
BALDWIN PARK CITY COUNCIL
REGULAR MEETING
AUGUST 15, 2007
7:00 P.M.
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
IATID
i
p.A.
Manuel Lozano -
Marlen Garcia -
Anthony J. Bejarano -
David J. Olivas -
Ricardo Pacheco -
WN
Ro X
Mayor
Mayor Pro Tern
Councilmember
Councilmember
Councilmember
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PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera
Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, para
agenda on any matter posted on the agenda or hablar sobre cualquier asunto publicado en la agenda o
on any other matter within its jurisdiction. If you cualquier tema que este bajo su jurisdiccion. Si usted
wish to address the City Council or any of its desea la oportunidad de dirigirse al Concilio o alguna de
Agencies, you may do so during the PUBLIC sus Agencias, podra hacerlo durante el periodo de
COMMUNICATIONS period noted on the Comentarios del Publico (Public Communications)
agenda. Each person is allowed five (5) minutes anunciado en la agenda. A cada persona se le permite
speaking time. A Spanish speaking interpreter is hablar por cinco (5) minutos. Hay un interprete para su
available for your convenience. conveniencia.
CITY COUNCIL
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL Councilmembers: Anthony J. Bejarano, David J. Olivas, Ricardo
Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council receive and file the report.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE
PERIOD AUGUST 15, 2007 — SEPTEMBER 18, 2007
Staff recommends City Council approve the preparation and presentation of the plaques
and certificates as outlined in the staff report.
City Council Agenda —August 15, 2007
Page 2
3. MINUTES
Staff recommends City Council approve the minutes of the August 1, 2007 meetings
(Special and Regular)
4. CITY TREASURER'S REPORT — JULY 2007
Staff recommends City Council receive and file the report.
5. 2nd READING OF ORDINANCE NO. 1306
Staff recommends City Council waive further reading, read by title only and adopt on
second reading Ordinance No. 1306 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING SECTION 153.316 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO USES WITHIN THE REDEVELOPMENT
OVERLAY; LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN
AREA AND SUB -AREAS 2 &3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT
AREA OF THE BALDWIN PARK REDEVELOPMENT PLAN; CASE NO.: AZC-
156MOD; APPLICANT: CITY OF BALDWIN PARK AND BISNO DEVELOPMENT ".
6. NOTICE OF COMPLETION AND PROJECT ACCEPTANCE: SAFE ROUTE TO
SCHOOL SIDEWALK PROGRAM, FY 2006 -2007, CIP 804 CONSTRUCTED BY
NOBEST, INC.
Staff recommends City Council 1) accept the improvements constructed by Nobest,
Inc.; and 2) authorize staff to record a Notice of Completion; and 3) authorize payment
of the retention funds to Nobest, Inc. upon expiration of the 35 -day lien period.
7. NOTICE OF COMPLETION AND PROJECT ACCEPTANCE: FY 2006 -2007 CDBG
SIDEWALK IMPROVEMENTS, CIP 863 CONSTRUCTED BY GENTRY BROTHERS,
INC.
Staff recommends City Council 1) accept the improvements constructed by Gentry
Brothers, Inc.; and 2) authorize staff to record a Notice of Completion; and 3) authorize
payment of the retention funds to Gentry Brothers, Inc. upon expiration of the 35 -day
lien period.
8. HOUSING ELEMENT UPDATE — REQUEST FOR PROPOSAL
Staff recommends City Council approve the Housing Element Consultant Request for
Proposal and authorize staff to issue the Request for Proposal.
9. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR
PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR
2007/2008
Staff recommends City Council 1) approve the FY 07/08 contract with All City
Management Services for crossing guard services and 2) authorize the Mayor to
execute the Agreement to continue contract services with All City Management
Services.
10. AUTHORIZATION TO PURCHASE TWO UNDERCOVER POLICE VEHICLES WITH
FEDERAL ASSET FORFEITURE FUNDS
Staff recommends City Council 1) find (a) that it would be uneconomical to follow
purchasing procedures since the vehicles are available at lower prices if purchased
through existing contract with the County of Los Angeles and (b) that the welfare of the
public would be promoted by dispensing with the purchasing procedures; and 2) waive
City Council Agenda —August 15, 2007 Page 3
formal bidding procedures and authorize staff to utilize the Los Angeles County Sheriff's
bid for police vehicles; and 3) authorize the Chief of Police, in conjunction with the
Finance Department to complete a budget appropriation for the amount not to exceed
$68,937 from account number 112.00.4210 to account number 130.58.5745; and 3)
authorize the Chief of Police, or his designee, to complete all appropriate
documentation to complete the purchase.
11. PROPOSED EMPLOYMENT AGREEMENT WITH MARC CASTAGNOLA,
COMMUNITY DEVELOPMENT MANAGER
Staff recommends City Council approve the proposed Employment Agreement with
Marc Castagnola, Community Development Manager and authorize the Mayor to
execute the Agreement.
12. RE- CERTIFICATION OF TELACU AS A BALDWIN PARK COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO) AND HOME FUND RESERVATION
AGREEMENT
Staff recommends City Council 1) re- certify the East Los Angeles Community Union,
(TELACU) as a Community Development Housing Organization (CHDO) for the City of
Baldwin Park and 2) authorize the Mayor to execute the HOME Fund Reservation
Agreement with TELACU in the amount of $51,000 to be used for the preparation of an
affordable housing feasibility study for certain sites within the City.
REPORTS OF OFFICERS
13. REPEAL OF ORDINANCE NO. 1302
Staff recommends City Council waive further reading, read by title only and introduce
for first reading Ordinance No. 1309 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REPEALING
ORDINANCE NO. 1302 AND BALDWIN PARK MUNICIPAL CODE SECTIONS 97.135
THROUGH 97.138 RELATING TO COMMERCIAL SOLICITATION ".
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
• Request by Mayor Lozano for discussion on the following:
a) Request for Council consideration for a citywide GREEN program with
educational awareness of environmentally friendly alternatives to energy
savings
ADJOURNMENT
CERTIFICATION
I, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of
perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin
board not less than 72 hours prior to the meeting. Dated this 9t day of August, 2007
K.-Im oziiWi
Rosemary M. Gutierrez
Chief Deputy City Clerk
City Council Agenda —August 15, 2007
Page 4
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at 626.960.4011, ext. 108 or 626.960 -4011, ext. 466 or via e-mail at rgutierrez(c_baldwinpark.com or
Inieto(c_baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda —August 15, 2007
Page 5
F Ru
BALDW I_N
P • A - R • K
CITY OF BALDWIN PARK
TO: Honorable Mayor and City Council
FROM: Ron Broellos, Accountant
DATE: August 15, 2007
SUBJECT: Warrants and Demands
PURPOSE!
CITY COUNCIL. AGENDA
AUG 15 2007
T
The purpose of this report is for the City Council to allow the payment of Warrants
and Demands against the City of Baldwin Park.
BACKGROUND AND DISCUSSION:
The two payrolls of the City of Baldwin Park consisting of check numbers 175870 -
176182 inclusive, voids: 175870, 175873, 175885, 176017, 176020, 176025.
Additionally, Automatic Clearing House (ACH) Payroll Deposits were made on
behalf of City Employees from control number 008433 — 008894 for the period of
July 01, 2007 through July 28, 2007 inclusive, have been presented and hereby
ratified, in the amount of $855,928.27.
General Warrants, including check numbers 164130 to 164317 inclusive, in the
total amount of $1,040,281.87 constituting claims and demands against the City of
Baldwin Park, are here with presented to the City Council as required by law, and
the same hereby ratified.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred
to and to the availability of funds for payment thereof.
RECOMMENDATION:
Receive and file.
'ity of Baldrfin Park Aug 05, 2007 05:04ple. Page 1
f)ayraent history, tank AP Payment Dates 0O/00/0000 to 99/99/9999 Check /ACH&'s 164130 to 164317 Payment Type Check
Vcr'rd& Vendor Nar::e Remit& Payee Dank CheckiF Chk Date Check Amount Set,
590O CENTRAL ESCROW AP 164131 07/24/07 149,000.00
C.lailM General Description
04441 I'J TIME HCHEBUYER ZtMO HlNrG YU 4031 LA RICA AV, UNIT R 2030490-PC A/C 4604
PH Stat Contract& Invoice&
Invc Dt
moss Amount Discount Ar1t Discount Used
list Anount
0
07124/07
140,000.00 0.00
140,000.00
C;i_ 0st.ributicrr
Gross Anount
Work Order& ActCd Description
Gross Arrrount
172 43.56/0
940,000.00
MUD YU/4031 LA RICA 12030490 -PC A /M04
Vend& a '-ifdor (iai':ie
Remit& Payee
Bank Checkif
Chk Date Check Ar ount ;ep
!;996 LARRY PRATT
727 PETTY CASI1
AP 1GM2
07/24/07 1,300.00
;I]irir ()r;niE'al Dr scriptifir!
)4445 JR.R.A, 1 THE GWNT /L DAN 5L�i1RITY DEPD��IT }1ARY Cr�Rt�DI- GS&70,3'
PQn Stat fxritr"C0 Invoice&
Invc Dt
Cross Amount Discount Ant Discount Used
Net Anount
0
07/24/07
1,30ii.RQ 0.0Q
1,300.RQ
Gi.. Distribution
Gross Anount
Work Order& ActCd Description
Gross Arrrount
122 -43 °1),0'10.081
1,300.00
TBRA 1 TIP1E GRANT/ii CARDOZA
SEC 0EP
VenH W;;-Idor Ntrr';
Remit& Payee
Bank Check#
Chk Date Check Miaunt Step
727 PETTY CASI1
15.75
AP 164133
07/24/07 199.33
"lair3& General Descriptir�rr
04467 REPLE1115H PETTY CASH
POI Stat Contracts Invoice;}
Invc Dt
Gross Amount Discount Ant
Discount Used
Net Anount
P
07/24/07
199.33
0.00
19933
CI- DivYtrihutio;}
Gross Arrrount
Work Order-1 ActCd Deacr iptiori
11,110-00-2172
30.00
II HERNANDEZ
100.21-5330
15.75
L DE%A TOR RE
100 - 24-5210
9,19
D CAi1AR 60
100-51.-51110
16.25
D LOPEZ
100--45 -5210
9.00
11 VARGA'5
120 - 43-x330 -030
31,41
S RUELA,S
120 -43- 5330 -030
25.16
S RUELAS
100
6.00
D LOPEZ
100 O 5040
:15.57
R CiUTIERC;I::Z
X00 0' 5330
20.00
R CABALLERO
M'10." vc -Fidor Na:ilc
Renlit"'T Payee
BaTfk Choc'XI
Chk Date Check A-2.oUnt SICT3
f;9q PREI1IeR ESC1% SERVICES, INC.
AP 164134
07/24/07 140,000.00
iGlafnol Uescr4'tfon
04443 1`;T TIME IiOI'ii:BU`rR ,USI11w = = }IADTA 5Hi1GUl)A !3730 RAiit1NA PK1J`1 Ar'r;&5R3 E CRC1iI016038 AU
PO4 Slat Contract& Invoice& Invc Dt Gross Amount Discount Ant Discount Use-() Net Amount.
R 07/24101 140,fl00.00 0,00 140,000.00
G1.. Di3tribution Gross Anount Work Order& AcM Description
17.2 411 ;;67,0 140,000.00 Y SMUDA 13730 RAMONA ACT0603 076038 -.AV
135,0 Accounts Payable Release 6.1.3 N00R700 By SANDRA A (SANDRA)
',ity of Baldwin Park Aug 06, 2007 05.04pm P-,sge 2
3ayrant History. Dank AP Payment Dates 00100/0000 to 99/99/9009 Check /A00's 164130 to 164317 Payment Type Check
Veridl Vendor t(amt. Remit0 Payee rank Checkll Chk Date Check Aiilaunt Sep
6 A -1 EVENT K PARTY RENTALS AP 164136' 07 124107 0190.00
-11ain6 Gerwal tiescriptinn
04419 LIGHT TOWERS
PCir Stat Contract0 Invoiceir
Invc Dt
Gross Amount Discount Alit Discount Used
Net Amount
15178 C 2-086275
07/11/07
699.00 0100
098.00
GL DistriWtion
Grass Amount '
Work 0rdertz ActCd Description
100•-72 -5210
646.93
5 EA 70 KW GENERATOR
14 -- 1!i
100-I2 -5210
249.17
SPECIAL DELIVERY & PICK UP
ON SAME DAY
PO Liquidation
Amount
AP 164139
07/24/07 9.60
100 - 72-52,10
901.00
Vend6 Vendor Nave
Remit# Payee
Dank Checkl
Chk Date Check bount Sep
0 AARDVARK TACTICAL
Air 164131
07124107 270.61
Clairrr9 General Description
34420 5.11 TACTICAL WATCH
Poi Stat Contr'actk invoice? Invc Dt Gross Amount Discount Amt Discount Used Net Amount
1150o7 0 0039799 -IN 07/03/07 270.61 0.00 270.61
GL Di >tr iLutiori Gross Amount Work Or�der4 WCd Description
100 -23- 5210 2.10.61 `ANNUAL -FY 07/08' AARDVARK TACTICAL.
PO Liquidation Amount
100 2.35 "t.10 270.61
Ucndi Vendor Nar,•e Remit9 Payee iank Check4 Chk Date Check AiRount Sep
5427 AFLAC ATTN, REMITTANCE PROLE` =,5 SVC AP 164139 07/24/07 2,392.05
c,laimi6 General Description
04421 AUi PREMIUM ACrJT 6 V6629 PP � 14 15
PO Stat Contract& Invoicew,
Invc Dt
gross Amount Discount Amt Discount Usod
Net Amount
24:002
07/23/07
2,392,05 030
2,392.05
Gi- Di HI;ution
Gross Amount
Dark Ordert ActCd Description
i0o -00 -2211
2,392,45
AUG PYi1T ACCT i V6629 PP k
14 -- 1!i
Ond0 Vendor Narie
Remitii Payee
Dank Check&
Chk trace Check ANOunt Sep
42 AIRGAS INCST
AP 164139
07/24/07 9.60
(;laitli General Description
42 w L ' -I"I ' 1AN% r '
")tai Coltrdctli IrldelcO Invc Dt Gross ArVDulnt Discouiit.Alt Discount U "sod Net Amount
103232038 06/ °0/07 9.60 O.CO 9obO
GL Dis1r•iLutio;1 Gross Amount Mork Order 4 ActCd Do:_criptiori .
1i;0 C0 2 i7 ?. 9,6.0 FILL NE LIUi1 TANK FOR SPHIAL BFI)T`:
t.(.'S.AP Accounts Payable Release 6.1.3 MIAPR700 By SANDRA A (`;At1DRA)
itY of iieildifrn Park Au,] 06, 2007 05:04p?! Pago
:,gm.Ent History. Bjnk AP Payment Dates 00 /00/0000 to 99/99/9999 Check/Mill's 1L4130 to 164317 Payment Tyne Check
Vfdid0 Vendor Noue Renit4 Payee Bank CheckD Chk Date check I'Mourlt Sep
4016 AIRGASlI EST AP 164140 07/24/07 287 M,
'100 General Description
04422 H.LIUN TANKS FOR SPECIAL E'rp.,TS
PO-4 St,.,t Contract,9 Invoice0
Invc Dt
Gross Ai ourit Discount Ant
Discount Used
Net Amount
15029 0 103445539
07/11/07
287.91;
0100
20738
GL Distribution
Gross Amount
Work OrderD Acted Description
100-73-5210
143.x9
' AIMUM. -F1'
07/011 S TO FILL
HELIUH TANKS FOR SENIOR
(ITHEN PROGRAMS
AND 5PECIAL
EVENTS.
150 -UO °2172
143.99
TRUST DEPOST
PORTION
PO Liquidation
Amount
100 -73 -5210
143.99
i50-002f72
143.99
Vend§ Vendor Name
RenitD Payee
Dank CheckB
Chk [late Check Arf.ount Sep
8091 AI.!•, CITY 11ANAGEHF-_NT SERVICES
AP 164141
07/24/07 4,010.41
clairiD General Description
04423 `: Ci100L CROSSING GUARD S €:t €V
POI Sta,t Cor�tract0 Invoice;l Invc tit
15105 0 10747 07/13/07
GL Di ctribution Gross Amow -it
100 -27 -5050 -080 4,0111.41
PO I_ i qui &,,,t i oil Amount
100••27 - 5000 -000 4,010.41
Vend§ Vendor Name Renito Payee
50 AMERICAN HERITAGE LIFE INSMANCE
Claim§ General Description
04424 AM' ;i H0140340106 CASE it 43340 PP 1 14-15
Grows Amount Discount Amt Discount Used Net Amount
4,018.41 0.00 4,018.41
Work OrderD ActCd Description
'ANNUAL-FY 07/08' CROSSING GUARD SERVICES
Dank Check§ Chk Date Check Amount Sep
AP 164142 07124107 1,042.82
PO§ Stat Contract§ Invoice§ Invc Dt Gross Amount Discount Amt Discount Used Net Amount
1110140340106 07/05/07 1,042.82 0.00 1,042 X
GL Distribution
10040-2228
100 - 00-2211
vend# Vender Name
0470 AMERICAN MESSAGING
Gross Armunt Work Orderii ActCd Description
1,002.16 IM0148340196 CASE D 49340 PP 1 14 - 15
40.66
Remit# Payee Bank Check§ Chk Date Check Amount Sep
A€' 164143 07/24/07 430
Claims General Description
04426 PAGER FOR P.HOUSING PATRICIA GUMAN
POD Shat Contract§ Invoice# Invc Dt . Gross Amount Discount Amt Discount Used Net Amount'
1..8612929[16 07/15/07 4.90 0,00 430
GL Distribution Gross Amount Work Order# Acted Description
102••42-5210 -013 4,90 PAGER FOR P.HOUSING P.GUZPIAH 2560054
CCS,AP Accounts Payable Release 6,1,3 N'APR700 By SANDRA A fSANDRAI
,ity of Bald0 n Park Aug 06, 2007 05:04pn Page 4
?ayrent History. Bank AP Payment Dates 00/00/0000 to 99/99/9999 Gheck/ACH&'s 164130 to 164317 Payment Type Check
vend& Vendor Name Remit& Payee Bank Check& Ghk Date Check Amount Sep
3237 BALDWIN PARK UNIFIED SCHOOL DISTRI AP 164144 07/24/07 25.00
.,Iiaimr& General Description
04427 PERMIT PROCESSING FEE FOR TENNIS PROGRAM
PO& Stat Contract;l Invoice& Invc Dt Gross Amount Discount Ant
07•144 04/17/07 25400
G1. Distribution Gross Amount Work Order& ActCd Description
950 00 °2172 25.00 PROCESSING
Vr nd& Vendor Name Reriit& Payee
8132 DIG STUDIO
Claim& General Description
04470 MISC SUPPLIrS
Discount Used Net Amount
0.00 25,00
EE FOR SUMMER TENNIS PRO5RA11
Bank Check& Chk Date Check ATRount Sep
AP 164145 07/24/07 1,287.153
PH Stat Contract4 Invoice&
Invc Dt
Gross Amount Discount Aiat Discount Used
Net Amount
17222 G 10886
07 ;13/07
5 "4.10 0.00
534.10
15887
07/13/07
748.35 0.00
748.35
Gi.. Distribution
Gross Amount
Work Order& ActCd Description
7114/01
Vr ,,nd& 'lender N&mc
882.50
1000 EA AMERICAN FLAG 0CHAIZ
Chk Date Check Amount Sep
100-72 5210
400.00
1000 EA AMERICAN FLAG
07/24/07 ?.,600.00
PO L i Liu i rid t. i wi
Amount
07116107
X50.00
100-72 -5210
1,202.93
G1- Distribution
Vrnd& Vendor Mare
Reuit& Payee
Bank Check&
Chk bate Check Amount. Sep
255,3 CALPLRS LOIh'TERN PROGRAr1
AP 164146
07/124/07 45,03
Claim& General Description
211123 LONTj TERrii CAVE PP 0 15 P /E; 7;14/07
POD Stet contract& Invoice-4
Invc Pt
Gross Amount Discount Aria Discount Used
Net Amount
W4 33
07/02/07
45,03 0.00
45.03
Gt. distribution
Gross Amount
Work Order& Act.Cd De °acription
650.00
100 - 00-2207
45.03
LONG TERN CARE PP 1 15 P /E:
7114/01
Vr ,,nd& 'lender N&mc
Renit& Payee
Bank Check&
Chk Date Check Amount Sep
320r r,AI.AFE
650.00
AP 164147
07/24/07 ?.,600.00
C.1air3b General Description
84429 E�Ai1
5112t Contract;
invoice--J
Invc Ot
Gross Amount
Discount Ant Discount Used Net
Amount
15089 O
1,109
07/16/07
650.00
0.00
650.00
13i3
07/1u107
650.00
0.00
650.00
1304
07107/07
650.00
0.00
650.00
1:1207
07116107
X50.00
0.00
650.00
G1- Distribution
Gross Amount
hark Order& ActCd
Description
100-23 .5 001 0
2,600.00
'ANNUAL. -FY 07;081 GALSAFE SERVICES,
Po Liquidation
Amount
10023•`0,�0
2,600.00
r,CS.AP Accounts Payable Release 6.1.3 N *APR700 By SANDRA A ( ANDRA)
,it.y oC Aoildwin Park Aug 05, 1007 05 :04p'ri Pap 5
);,yrrent History. bank AP Payment Dates 00/00/0000 to 99/99/9999 Check /ACN #'s 154136 to 164317 Paywit Type Check
Vc:rld0 Vendor flame Rerlit4 Payee bank Check# Chk Date Check Amount Sep
0997 CARLOS SANGUINO AP 164140 97124107 25.00
; "I".11 it General Description
C4430 Ri=FU,3D TRIP TO S. DIEGi0
P0�, St3t CGiltr,,ct4 Invoice# Invc Ot Gross Amount Discount ,'lift Discount Used Net AnounL
0 07/24/07 25.00 0.00 2530
GG, D13ti 1ilutioil Gross Amount Work Order# ActCd OBw,iptiori
150-00 -21172 1! ,40 REFUND TRIP TO 50 DIEGG ZOO
toad# Vendor Nar"e Rerlit4 Payee Bank Checkl< Ghk bate Check haount Sep
4331 CAROL ARNIIJO AP i54149 07/24/01 354,00
'laii4 General Description
r' ^431 BALLET FOLKHRICO 6/22 -- 7/17/47
u r�
Poi Shat ro;ltract4 Invoice#
Invc Dt
Grass Anount Discount Ant Discount Used
Net Amount
15;070 0 0
07/24107
364.011 030
364.00
GL Distrihutioil
Groa., Alrount
Work Ordeal ActCd Bescriptio'o
15040 -21172
;54.40
$ANNUAL-FY 01/08' FOR CONTRACT SERVICES TO PROVIDE
COMP CLAIMS,
1s2 °1`v=5654
BALLET FOLKLORICO CLAS;FS.
PO Liquidation
` Amount
Remit;# Payee
Bank Check#
150 -00 -2172
364.44
AP 154151
Vendif Vendor Name
Remit# Payee
Bank Check#
Chk Date Check Amount Sep
250 COHN &. LEE
AP 164150
01/24/07 5,000.00
Glai, General Description
04471 AUTO & WORKERS COMP
PO# Stet Contract# Invoice#
Invc Dt Gross Amount Discount Amt
Discount Used
Net Amount,
1.9'2
07/13/07 5,000.00
0.00.
5,800.00
GL Distribution
Grass Amount {cork Order# ActCd Description
132 -16 -5654
1,400.00 AUG PREMIUM
AUTO & WORKER'S
COMP CLAIMS,
1s2 °1`v=5654
4,400.00
Mandl! Vendor Name
Remit;# Payee
Bank Check#
Chk Date Check AiAount Sep
3027 COLL17GIATE PACIFIC
AP 154151
07/24/01 99,40
Clain# General Description
84432 3JPPLIES FOR GAi ESililOM
1300 Stat Contract# Invoice?, Invc Dt Gross Amount Discount Asst Discount Used Net Anount
92059835 07111/07 99.40 0.00 99.40
GL Distribution Grass AiiLount Work Order# ActCd Description
150 °00-2112 h9.40 SUPPLIES FOR GA,NESROON
by SA
Accounts Pay N
able Release 5.1.3 'APR70SANDRA F1 (SANDRA)
,ity o; 5aldrdin Park Aug 06, 2047 05;04t=r ,, Page 6
r7�yrent. History. Bank AP Payment hates 90/00/0000 to 99/99/9999 Check /ACN4's 164130 to 164317 Payment Type Check
Vcndl Vendor Name Remitf Payee Bank Checks Chk Date Check Amount Sep
2419 D.G. CORPORATION,` AP 164152 07/24/07 10,000.00
GliilElt} General Description
014433 C a D REFUND
PDn :tat Contracts Invoicel
Invc Dt
Gros'., Amount Discount Amt
Discount Used
Net Amount
4
07124107
10,000.00
0.00
10,000.00
GL Distrihution
Gross Amount
Work Orden; ActCd Description
2,325,60
SERVICES FOR PERIOD; 7/1 THRU
129 00 -2075
10,000.00
4306 CENTER
ST/ D.C, CORP C
E, D R€:HAID
..___.._- __.___..------ _......_
_ ....... ........_.._....._._.._..------.. __....---- .---
Vcmdk Vendor bare
________...._____
Rer0t9 Payee
___---------.....______
Bank C3ieck0
Chk Date Check Argaunt Set,
0423 DAVID A DAS:
FOR FIELD TRIP TO COVINA
AP 164153
07/24/07 3,663.75
lair�� General Description
04'2 ° =4 �d ;:t's�aCEi 711 - * /i5Jtr7
PH Stat 0ntract0 Invoicet
Invc Pt
Grass Amount Discount Amt Discount Used
Net Amount
�'G }'1..001 O1A
07/17/07
3,633.15 0.00
3,633.75
G!_ Distr, itkution
Gross Ammunt
Work Order4 Acti,d Description
0.00
100 - -12 -50;0
2,325,60
SERVICES FOR PERIOD; 7/1 THRU
1115/2007
10 i � 12-5,110-020
290.70
101-12-5030-025
290.10
'ANNUAL-FY
117 -12- 5030 -.050
.145,35
FOR FIELD TRIP TO COVINA
M-
145.35
ON
6/29/07
120 -12- 5030-030
72.67
117 5rt 5000-055
91.54
131 -12 -5030
363.3ti
FIELD
TRIP TO
Venda Vendor Name
RemMq Payce
Bank Checkl
Chk Date Check Ammunt Sep
235y D }SMAN SCHOL SERVICES
FIELD
AP 164154
07/24/07 501.25
Claid General Descriptior?
04455 TRAZI)OC7TATION
POO Stat Gontracti Invoice0
Invc Ot
Gross Amount Discount
Art
Discount Used
Net Amount
1!;049 O 0029002105
07/12/07
501.25
0.00
501.25
GL Di 3tr'ibution
Gross Amount
Work Orders ActCd Description
117 55 5000 055
93.54
'ANNUAL-FY
01/00'
If BUSES
FOR FIELD TRIP TO COVINA
BOWLING
ON
6/29/07
117 5rt 5000-055
91.54
2 BUSES;
FOR
FIELD
TRIP TO
SANTA FE DA11 (IN 7/03/07
19-55- 5106-055
110.39
2 BUSES
FOR
FIELD
TRIP TO
KNOTT'S BERRY FARM ON 7 /13/07
117-55'5000-055
203.79
2 EMES
FOR
FIELD
TRIP TO
UNIVERSAL STUDIOS ON 0/3/07
PO L`i uililtioTi
Am0Unt
117 55..5000 -055
501.25
CCS.AP Accounts Payable Release 6.1.3 NIAPR700 by SANDRA A (SANDRA)
City of D��ldwin Park Aug 06, 2 07 015 s04pn Page 7
lh,yment history. [tank AP Payment Dates 00/00/0000 to 90/99/9999 Check /ACH #'s 164130 to 164317 Payment Type Check
Ucnd# Vendor Name Remit# Payee Bank Cheffl Ghk Gate Check Amount Sep
7466 EDWARD A LULEVITCH AP 164155 07/24/07 4,220.00
Claiml General Description
84436 SERVICES FOR; 7/9 - 7/20/47
PO0 St8jt ContractO Invoicet Invc Dt Grass Amount Discount Amt Discount Used Net Amount
CCs) }0720 07/20/07 4,220.00 4.00 4,220.00
GL Distrilw tion Gross Amount Work Order# ActCd Description
100.12 -5030 217001110 SERVICES FOR PERIOD; 07/9 THRU 07/20/07
101 12 ;030 020 337.50
101--12-5030-025 337,60
117- 12--5030 °050 168.00
t18-.12- 5430 -056 160.40
120-12-5004H 04.40
13t -12 -5030 422.00
Vend# Vendor )tare Remit# Payee Bank Check# Chk Date Check Amount Sep
1324 HEQUIEL CONTRERAS SCOTTY'S TAE KH AP 164156 07/24/07 1,456.00
Claim# General Description
84437 TAEKWONDO
PO# Stat Contract# Invoicel
Invc Dt
Gross Amount Discount Amt Discunt Used
Net Amount
15079 0 0
07/24/07
1,456.00
0.00
1,456.00
GL Distribution
Gross Amount
Work Order# ActCd Description
150- 00-2172
1,456,00
'ANNUAL FY 07/08'
FOR CONTRACT SERVICES TO PRaVIDE TAE
KNON DO CLASSES.
PO Liquidation
Amount
150 °00 °2.172
1,456,00
Vc;ndl Vendor Name
Remits: Payee
Bank
Check#
Chk Date Check Agaunt Sep
8950 FINE POINT EMBROIDERY
AP
164157
07/24/07 433.00
Claim# General Description
04434 UNIFORMS
PO4 Stat Contract# Invoice#
fir) 1010
GL Distribution
154 -OD -2154
Vond# Vender flare
8313 GAMIE STOP
Claim# General Description
84439 PLAYSTATHN GAVE
Invc Dt Gross Amount Discount Amt Discount Used Not Amount
07/17/07 433.00 0.00 433.00
Gross Ar-.ount Work Order4 ActCd Description
433.00 UNIFORMS i CHAMPION JERSEY'S)
Remit# Payee Bank Check4 Chk Date Check Amount Sep
AP 164158 07/24/07 86.59
PO# Sttt Contract# Invoice# Invc Dt Gross Amount Discount Ant Discount Used Net Amount
0 07/24/07 06.59 030 86.59
GL Distribution Gross Ar!,ount Work Order# ActCd Description
100 -77 -5290- 620 86,59 PURCHASE PLAYSTATION GAME FOR BARNES PAIL
',CS.AP Accounts Payable Release 6.13 MIAPR700 By SANDRA A (SANDRA)
�itv of °�al,ltiiri Park Aug 00, 7.007 05 :04pm� Page 0
yrient History, 0ank AP Payment Dates 00/00 /0000 to 99/99/9999 Check/ACl10's Ml."10 to 154317 Payment Type Check
vc ;[1 0 vendor iiarie Rei:iit0 Payee Bank CheckO Chk Date Check Araotint Sep
2390 IRi`A GARCIA AP 164159 67/24/07 200.00
Glaimf General DHcrlptjon
04440 TICKETS FOR RINGLING 'oRO;
PH Sta,t Contrrict;l Invoice0
Invc Dt
Gross Amount Discount Amt
Discount Used Not Anaunt
0
07/24/07
200.00
0,00 200.00
GL MIributien
Grass Amount
Work Order& ActC4 Descriptior;
07/19/07
150 -00 -2109
21!0.00
TICKETS FOR
S CITIZEN TO RING-ING BPQ;,
Ut;n(10 vendor Rae
RenitI Payee
Description
Dank Checki Chk Date check AlAw -irt Sets
643 ISA)EL MOISES
20030
AP 164160 07/24/07 200.00
C,lairi6 General Description
34442 PAt`1K NOW FOR AUG & SEPT
POT Stat Contraffl Tnva'iced
Invc Dt
Gress Amount
Discount Amt Discount Used
Net Arorrtriit
0
07116/07
100.00
0.00
100.00
00
07/19/07
100,00
0.00
100.00
GI -. Distribution
Gross Amount
Work Order& Acted
Description
100 n1-`i000
20030
TRANSLATION "NOW" FOR AUG 6
SEPT 2007 -
'10,10, vEer;dar Na:�e.
Ra"lM Payee
Dank Checks
Chk Date Check Amount `op
2063 JD AUDIO VISUAL
AP 164161
07/24/01 169.95.
r;la ire r Ger3ural Desca i pt 1011
GM44 RENTAL FQUIP111AT
PO4 Stat Contract! Invoice4
87354
uL Distr1bu;iQn
tOD -77- 5210 -620
4 ndfl vendor NaiEe
0999 JUAN CARLO S MORL:L'O
Qa i-M General Description
04446 C u 0 REFUND
Invc Dt Gross Amount Discount Amt Discount Used i,et AmQirrrt
07/06107 169.95 0.00 169.95
Grass Amount Work Order& Acted Description
169.95 RENTAL OF 9X23 FAST(OLD SCRLITH
Rer;it0 Payee Bank Check& Chk Date Check Arliuurit Sep
AP 164162 07124107 1,760.64
P01 Stal Coritract4 Invoice4 Invc Dt Grass Anwt 0iscount Ant Discount Used Net Amount
0 07/24/07 1,760.64 0.00 1,760.64
GL Di=stribution Gross, AA)unt Work Ordert} Acted Description
129 -00 -2075 1,760.64 4713 CUTLER /JUAN CARLOS HDRENO CdD PEIUia,
f; %S.AP Accounts Payable Release 6,1.3 NIAPR700 By SANDRA A (SANDRA)
=ity of &Ildwin Park Aug 06, 2007 05.000 Pa0e 9
?uyrent History. Gunk AP Payment Dates 00/00/0000 to 99/99/9999 Check/ACN #'s 164130 to 164317 Payment Type Check
Venda
Vendor Nar,e Rer�aitO Payee
Bank
Check#
Chk Irate
Check Artuunt Sep
3752
JIMIR AROUND
AP
-164163
07/24/07
50.00
Glain# General Description
64447 JUI`iPER ATTENDANT
POO SW col-Itract# Invoice# Invc Dt Gross Amount Discount Ant Discount Used Net Amount
0 07/24/07 50.00 0,00 50.00
GL Distribution Gross Amount Work Order# ActCd Description
1'10-00- 2172 50.00 JUMPER ATTENDANT 0 4TII OF JULY
W,,nd# Vendor Nave Rer3rit# Payee Dank Check# Chk Date Check Anon nt Sep
526 K;7YSTONE Ut{li7O05 DBA. UNIFORM 13EA AP 164164 07/24/07 3,021.18
Clairr4 General Description
84448 MISC UNIFORM'i
POO St St Contract#
Invoice#
Invc Dt
Gras: Amount
Discount Amt Discount Used
Net Amount
1;112 0
1914
07111/07.
445.67
0.00
445.67
1926
07111107
63.33
030
63.33
19"'.7
07/11/x0,71
40.00
0.00
470.00
E932
7111 /07
322.27
0.00
3[2.27
GI_ Distribution
1923
07110107
228.03
0.00
228.03
130 58 !?_10
1922
07/10/07
44.27
0.00
44.27
1x!7 G7 �Z10
T9,25
07/11/07
223.43
030
223.43
19311
.07/13/07
221.19
030
221.19
19`.4
07/13/07
502.09
0.00
502.09
193;
07/13/07
283.40
030
283.40
1913
07/03107
243.51
0.00
243,51
1912
07/04/07
403.99
0.00
403.99
GL. Distribution
Gross Amount
k!nrk Order# Actrd
Description
100 -25 -5214
3,021.18
'ANNUAL F1' 07108' NEYSIONES
UNIFOR #I
PO Liquidation
Amount
100-25-51114
3,021.18
Vc-nd0
Rent# Payee
Bank check0
Chk Date Check 7fwdnt Sep
fVeFndor•i�NN}ame � I' i
533 ill..r:;ril i51iW UN ORI''j JUPPL`�
AP 1641651
07/24/0`7 M4.9.I
;lain# General Description
84472 UNIFORM CLEANI ??C SERV
POO Staff
Contract# Invoice#
Invc Ot
Gross Amount Discount Art.
Discount Used
Net Amount,
40168
07/12/07
26130
0.00
261.'0
443734
07104107
29.37
0.00
29,3,7
4A5914
07/11107
32.13
0,00
32.13
440211'
0711C/07
32,13
0,00
32.13
GI_ Distribution
Gratis Amount
I7nrk Order# ActCd Description
130 58 !?_10
171.47
UNIFORM LEANING
SEPV1cu
1x!7 G7 �Z10
1 17.46
G(S .AP Accounts Payable Release. 6,1.3 P APR700 By SANDRA A (SANDRA)
"ity 0. 6A1dryin Park Aug 06, 2007 05,04Re, Page, 10
'?,;yrrent I4istory. Clank AP Paynont Pates 00/00/0000 to 99/99/9599 Check/ACH's 164130 to 164317 Payrent Type Check
vendl Vendor Nare Rorit4 Payee bank Checki Chk Date Check ArAount Sep
1290 L,A. CO FAIR ADVANCED SALES AP 164166 07/24101 132,00
1,100 General Description
04450 TICKETS FOR S CITIZEN
PO4 13tot Contract" Invoice;: Invc Ot Gross Amount Discount Ant Discount Use4 Net Ar:.rourrt
0 07124107 132.00 0.00 112.00
GL Distrihutiori Gross Arount Work Order4 ActCd Description
150 °00 -2169 132,00 TICKETS FOR S. CITIZEN TRIP ON 9/17/07
Vc-nd# Vendor Na,;e Renitl Payee bank Check6 Chk Date Check Arpovnt Sep
S06 L.A. CO HTROPOLITAN TRANSPORTATIO AP 164167 07/24/07 7,242,50
`:101,ir4 General Description
24449 US PASS FOR JULY 7007
POt` "'t'at Contract4 Invoice0
Invc tit
Gross Amount Discount Ant Discount Used
Net Arount
6047 0 7070627
06/25/07
2,063.50
030
2,863.50
7070670
06/25/07
4,379,00
0.00
4,379.00
G1.. Distribution
Gross Amount
Work Order•# ActCd Description
10010 --Z066
4,359,90
'ANNUAL-fY 07/03*
RUS PASS
SALES AT CITY HALL 5
rOMMUNITY CENTER.
117 -55- 5000-054
2,802.64
PROPOSITION A
PO Liquidation
Amount
100 -00 -2066
4135930
117- 55.5000-054
2,882,60
Venfl Vendor Name
Remit# Payee
bank
Checkf
Chk Date Check AfRotint Sep
8499 LAURA ISIDRO
AP
164160
07/74107 30.00
Claim# General Description
84473 REgf" ND FOR CERAMICS PROD
POI St,at Contract# InvoicelE Invc Dt Gross Amount Discount Amt Discount U'aed Net Amount
0 07/24/07 30.00 0.00 30.00
GL Dist0bution Gross Amount Work Orderi ActCd Description
100 - 00-4562 30.00 REFUND FOR CERAMICS PROGRA1i
Vendf Vendor Nam e Renill Payee Dank Checkf Chk Date Check Amount -- Sep
1317 LOPENA JOANNE FATA- WILSON AP 364169 07124107 3,103,10
Clain# General Description
04451 GYONASTICS 7/2 - 8/11/07 .
POI Shat Contract4 Invoice# Invc Dt Gross Amount Discount Ant Discount Used Not Amount
1'.1073 0 0 07/24/07 3,103.10 0.00 3,103.10
GL Distribution Gross Arount Work Order# ActCd Description
1130 -00 -2172 3,103,10 'ANNUAL -FY 07/08' FOR CONTRACT SERVICES TO PROVIDE
GYMNASTIC CLASSES.
P0 Liquidation Amount
150 °00-7172 31103,10
(,(,,AP Accounts Payable Release 6,13 NIAPP700 by SANDRA A (SANDRA)
Jity of #aldwin Park Aug 05, 2007 05:04por Page 1i
}ayrent History. frank AP Payment Dates 00100/0000 to 99/99/9999 Check /ACH #`s 164130 to 164317 Payment Type Check
Vond# Vendor lure Remit# Payee Bank Check# Chk Date Check bount Sep
2995 MANIF -L SANDOVAL. AP 164170 07/24/07 90.00
C1[rirrti General Dcscrtiption
94452 REFUND FDR BAHETBALL PROD
PO# St, -�t Contract# Invoice# Invc Dt Gross Amount Discount Ant. Discount Used lot Amount
4 07124/07 90.00 030 90.00
GL Oistril}ut.ion Gross Amount Work Order# ActCd Description
11 =0 00 2554 90.00 REFUND TEEN BASKETBA1.1- PROGRAM
Vend# Vendor Name Remit# Payee frank Check# Chk Date Check Araaunt Sep
9000 14ARTO VENTURA AP 164171 07/24/07 922100
la irs# General Description
0,445.} C t D REFUND
PH St ;gat Cc;Itract# Invoice& Invc Dt Gross Amount Discount Ant Discount Use-4 Net Amount
0 a7/24/27 922.00 0.00 523.00
CL DislH hution Gross Amount Work Order4 AcVd Description
129 -00 -2075. 90.0100 15165 HOWELLHURST/MARIO VENTURA CKD REi=U
Vr?rid# Vendor ?lame Rerilit# Payee Bank Checks Chk Date Check Afuwnt Se.p
196 OFFICEMAX CONTRACT ING. AP 564172 07/241107 25.75
r.lain# General Description
04455 i' I SC OfFICI_ SUPPIJIES
PO# St«t Contract# Invoice0 Invc Dt Gross Amount. Discount Ant Discount Used Net Amount
i5051 O 710521 07/10/07 25.73 a.00 25.73
Ci. Distriiutiori Gros, Amount Work Orderl ActCd Description
100 - 12-5210 25.73 'ANNUAL-FY 07/00' ItISCEI.I_ANEOUS OFFICE SUPPLIES FOR
FTNANt""E DEPT
PO Liquidation Arotrrrt
100 12 ! 1a 35.73
Vtnd# Vendor Nare Renit# Payee Bank Check# Chk Date Check bount Sep
9001 PARKSON YEE AP 164173 07/24/07 2,000.00
Claim# General Description
a4456 C 3 D REFUND
PH Stoat Contract# Invoice# Invc Dt Gross Amount Discount Ant Discount Used Net Arieunt
0 07/24/01 2,000,00 0.00 2,OaU.06
CL Dislr,ihution Cross Amount Work Order# ActCd Description
129 -00 -2075 2,000.00 14329 LOS ALIGELES /11ARKSON YEE C&D REFU))D
rr;;-' Ace =aunts Payahle Release: 6. 1.3 N'APR700 By SANDRA A (,,ANDRA)
-ity of Bald-.:in Park Aug 05, 2007 05:04prr'. Page 12
�,_,yr:,ent History. Bank AP Payme[J Dates 00/00/0000 to 99/99/9959 Check /ACM's 164130 to 164317 Payrent Tyke Check
VC-1 0 Vendor bare ReMM Payee Bank Gheckf Chi Date Check Amwrrt Sep
1977 RAL.Pii VILLASENOR PAINTING' AP 164174 07/24/03 1155L00
„ltirr General Description
84474 PAINTi1IG AT B.P FMILITTi::,:i
P00 Stet Contract4 Invoicev Invc Dt Gross Anount Discount. Art. Diswunt Used Net Anount
15148 0 10:395 07121101 11550.00 0.06 1,550.00
GL Di'str ii ution Gross Anount Work Order4 Acted Descriptiar,
100 -57 -5000 775.00 'ANNUAL -FY 07/08' FOR NAINTFNANCE PAIVIRG AT CITY
FACILITIES,
127 -57 -5000 775.00 PARKS 11AINTENANCE ASSESSMENT DISTRICT
FAO Ligifldation Arc}ur�t
100-.57 -5000 775.00
127 57 , >J04 715.00
tJi,ndt Vendor flare Renitl Payee Bank Check# Chk Date Check Afmint Sep
6471 .RUOY CAR DIMS AP 164175 07124107 115.00
Gla1d General Description
844 7 E: a[RTAIPMERIf
PO4 Stat Contract4 Invoice0
Invc Ot
Grass Amount Discount Ant Discount Used
Not Anount
0
07/24/07
175.00 0.00
t75.40
GL Distribution
Gress Amunt
Work Orderl Acted De,,cr•iption
100•-73 °5030
175,00
ENTERTAINMENT FOR S CITIZEN
BIRTHDAY AUG
vondl Vendor Naas
Remit8 Payee
Bank Checki
Chk Date Check Anount Sep
1280 RURNER'S IMAGE
AP 964176
07/24/01 1.295.00
Cla fill General Desc0 pt i on
84458 TIMM & riNISHLINE MGMT
PO4 StM Conti'act3 Invoice0 Invc Dt Gross Anount Discount Ant Discount Used Net Anount
1515 07/01/07 1,295.00 0.00 1,295.00
GL Distribution Gross Amount Work OrderT ActCd Description
150 - 00-2112 1,295;00 TI11I%G D FINI 1.1NE f1Ci1T
GCS.AP Accounts Payable Release 6. 1.3' t1'APR700 By SANDRA A (SANDRA)
;1ty of DZaldwin PaI`k Aug 06, 2007 05:Olpe Page 13
:s=ayrerxt History. bank AP Paywit Dates 00100/0000 to 99/99/9999 Check/ACHU s 164130 to 164317 Payflent Type Check
Vondl Vendor Hare Remit# Payee Bank Check# Chk We Check Arsount Sep
1099 Si1lR T 6 #INAL AP 164177 07/14/07 11341,66
"lain
it General Description
34459 ",UPPLICS
POk Stal corrtract0 Invoice& Invc Ot Gross Anount Discount Arit Discount Used Net Anount
15014 D 1011757 07/05/07 14.64 0.00 14.64
GL D)5itrit>ution Grass Anount Work Moil ActCd Description
100 -77- 5210 -670 74.54 ° ANNUAL -07/09 ' SUPPLIES FOR RARNFS PARK PROGRAMS D
ACTIVITIES.
PO UgUH3�ion Auwnt
100.77- 5210 -62.0 74.64
laimn {;orloraI Description
613450 USC SUPPLIES
IO4 Sttxt Contractl lnvoicei
Invc Ot
Gros Anount
Discount Amt Discount.
Used
Net Anoujit
15013 0 104671
07102/07
10235
- 131,47
0.00
102.05
107109
€17/11/07
195.09
1 25.95
0.00
195.09
GI_ Distribution
Gross Mmunt
Mork Orden ActU
Description
0.00
335.67
100 °70 ;'1i0
'97.54
07103/01
'ANNUAL- 07/03.
SUPPLIES FOR
TEEN CEINECR PIIOGRAIIS AND
10014
07/04/07
ACTIVITIES.
0.00
49,69
PO E. q0 dat ion
Amount
07/06y07
59,17
0.00
S9,17
100 -76- '52110
297.54
07/11/07
60.36
0.00
6030
"laiM Cmei,31 Description
°4461 1'1I`;r SUPPLI£1::i
Pxix ~tall Untract4
Invoice#
Invc txt
Grows Amount
Discount Amt Discount Used
Net Amount
1x;075 0
70A0021
01/0y2/n07
- 131,47
0.000
-137.47
10451'
0710,107
1 25.95
0.00
25.95
104()09
07/03/07
315.67
0.00
335.67
104696
07103/01
30.21
0.00
38.21
10014
07/04/07
49.09
0.00
49,69
105091
07/06y07
59,17
0.00
S9,17
107076
07/11/07
60.36
0.00
6030
700035,
07111107
-45.40
0.00
-45,40
107236
07112/07
56.86
0.00
56.65
197430
07/1.3/07
.70.13
0.00
75.13
700036
07/16/07
-18.15
0,00
- 13.75
GL Di:,trii}ution
Gross Anount
Work Orderl Actf,:d Description
150 - 00-2172
502.64
'ANNUAL -FY 07/06' FOR SUPPLIES FOR SPCCIAI.. EVENTS.
PO L i qu Eat ion
Amount
?!.0 00 2112
502.64
Claimt, 1>ameral Description
HV;2 KISC SUPPLIES
PO4 Stat ContractO Invoice0 Invc Dt Gross Anount Discount ;pmt Discount Used Net Amount
104573 07/01/07 466,44 0.00 466.44
GL Distribution Gross Amount Hoek O ۥder4 Actr.d Description
100 -75. -5210 466.44 SUPPLIES FOR SUMMER DAY CAMP TRIP
GG5,0 Accounts Paypble Release 6.1.3 N'APR700 Dy SANDRA A (5010 )
,ity of SESldnin mark Aug 00', 2007 05;0 4 pm Page 14
)ayment Hiatory. Bank AP Payment Dates 00/00/0000 to 99199/9999 Check /ACHI's 164130 to 164'17 Payrent Type Check
U17ndI Vendor `lane Remit# Payee Bank Mckl Chk Date Check ArAount SeP
5286 fii -XTl: AP 154178 07/24/07 070,37.
"lainl General Description
°4454 )UK 12 - JULY 11/07
POI Stot Contractl Invoice8 Invc Dt Gross; Anon #nt Discount Amt Discount Usd Net Amount.
15110 0 518397312-068 07/15/07 870.32 0.00 870.32
GL Distribution Cross Amount Work Orderf ActCd Description
100 -25 -5430 870,32 1AHUAL-FY 07/081 FOR NE:XTEL MONT
PD Llquid-)tion Mount
100.25 -5430 870.31
Vondl Vendor dare Ren!tI Payee Bank Checkl Chk Date Check Mount Sep
7327 STANDARD INSURANCE COMPANY UNIT 22 2 STANDARD INSURANCE C0MPANY AP 164179 07/24/07 1,054.05
Claid General Description
84463 AUG PREMUt1 100 641014 0002
PO;: Stat Contractl Invoice4 Invc Dt Gros Amount Discount Ant Discount Used filet Anount
0 07/24/07 1,854.05 0.00 1,854.05
GL Distribution Gross Amount Work Drder4 ActCd Description
100 -00 -2203 1,854,05 AUG PRDIIUf1 1 006430140001 PP 1 14
CCS.AP Accounts Payable Release 6,133 VAPR700 Pay SANDRA A (SANDRA)
lity of Oaldwin park Aug 06, 2007 05:04pm page 15
,ent History. Bank AP Paylrent Dates 00/00/0000 to 99/99/9999 Check /ACHI's 164130 to 164317 Paynent Type Check
Vv)dl Vendor Nave RelrM Payee Bank CheckO Chk Date Check Amount Sep
9002 sTARDUST "VOID** AP 164180 07/24/07 3,000.00
Glairr0 General Description
84464 1. )I TER TA I Nk1E HT
PO& Stoat fontr8ct0 Invoice& Invc Dt Gross Amount Discount Ant Discount Used Net Amount
4 07/24107 3,000.00 0.00 11,000.00
GL Distribution Gross Arlount Work Order& ActCd Description
100 - 72-.5210 3.000.00 CNTERTAIRENT FOR ART; & REC ON 1121107
Vendl Vendor Name Reflit4 payee Bank Check& Chk Date Check Amount Sep
2316 RIP JOHNSON PROPANE CO., INC AP 164181 07/24/07 750,00
Clairr0 General Description
84465 C a D REFUND
PO4 StM Fontr8ct0 Invoice& Invc Dt Gross Amount Discount Art Discount Used Net Amount
0 01/24/07 750.00 0.00 750.00
6L Distribution Gross Amount Work Order& ActCd Description
124; 00 2075 750.00 5140 ELTON /TED JOHNSON PROPANE C&D REM
vc --nd0 Vendor Norge RCMM Payee Bank Check& Chk Gate Check hilaunt Sep
5145 TOii' , CLOTHING & UNIF4121'is, INC. AP 164182 07/24107 68,14
Gjairi0 General Description
84466 ARMANOO LOPEZ
Poll, Stat Contract& Invoice&
Invc Dt
Gross Amount Discount Ant
Discount Used
Net Ammmt
52.619
07/01/01
68.14
0.00
68.14
GL Distribltion
Gross Amount
Work Order) ActCd Description
100 -25 -5214
68.14
UNIFORM FOR
ARMANDO LOPEZ
O 2811
Vendl Vendor Name
Ronit& Payee
Bank Clteck0
Chk Date Check Amunt Sep
391 Yi. -JIRON CALIFORNIA
AP 164183
07/24/07 10310
Claim General Description
84460 .4 01 1412 11607701 115 01
pot qtat Contract& InVO-JC0 Invc Dt Gross Amount Discount Ant Discount Used Net AnDlnt
IS097 0 0 07/24/07 103.63 0,04 103.6;!
GE, 111 3 ti 1liutlon Gross burnt ljork Order§ Acted Destription
100..25 -5430 103.65 ;ANNUAL -FY 01/081 VERIZON CALIF 'PHONE O 626 - 167 °139
ACCOUNT 1 01 1412 1160770115 01
PO Liquidation Amount
111 �-L j
GCS.AP Accounts Payable Release 6,1.3 N'APR700 By SANDRA A ('SA011NIA)
;ity D fi,ldr,in Park Aug 06, 2007 05:04pr, page 16
r&yment History. Bank AP Payment [rates 00/00/0000 to 99199/9999 check /ACH6's 1641;0 to 164.`.117 Payrent Type Check
V(And0 Vendor Nar3re Remit& Payee Bank Check§ Chk Date Check Arroarrt Sop
3746 VA,:TE 11Ah4tGEMENT OF SAN GABR;f: jPO AP 164184 07/24/07 205.62
(;laid General Description
84469 HOUSIh'a AUTHORITY
1004 Stat Cxnlractl Irlv0co& Invc Eat Gross Amount Discount Ant Discount. Used Not Arnouiit
15223 0 5964901-2515-1 07/01/07 205.6, 0.00 X05.62
Ci_ HHA ribution Gross Amount Work Order6 ActCd Description
102-42- 5411.013 205.62 'ANIIUAL, Y 07/08° HTHLY SERVICES FOR h1CNERL 19ANOR
PUBLIC HOUSING 12 -UNITS 14317 MORGAN ST
PO Ljg0 elation Amount
102 -42 -!1;131 013 205.62
Vondl Vendor Name Romiti payee Sank Check§ Chk Bate Check Amount Sep
386) WAKIE SANITARY S'J "PLY AP 164185 07/24/07 4,50638
(:lain General Description
$4,175 !;ANIlARY SUPPLIES
POST :tat 1,ontracti Involcel!
Invc Dt
Grass Anount
Discount Art Discount Used
Not Mount
15157 O 70129579
07/10/07
21570.78
0.00
1,570.7E
70129514
07110/07
1,935.3,1
0.00
1,935.30
GL Distribution
Gross Amount
Work Mori ActCd
Description
100 57 51,0
2,253,04
'ANNIJAL--FY 01/06' ORDER FOR
SANITARY SUPPLIES FOR CITY
FACILITIES.
1;r7 57 -5210
2,253.04
PARK"] MAINTENANCE ASSESSMENT
DISTRICT
PO LiquidatM
Anount
100 -57 -5210
1.,253.04
127 57- 5 "r.10
2,253.04
Vr,nd4 Vendor flame
Remit# Payee
Bank Checkf
Chk Date Check A3aunt Sep
5459 BUSINESS, fARD
AP 164167'
07/24101 39.05
1Jlai�� General Description
x4476 JUNE- 11ANUEL LOZAIO
PH stuf L`ontvWL& Invoiced Invc Dt Gross Amount Discount Ant Discount Used Net Amount
0 07/44/07 3935 0.00 39315
GL Distrii;ution Gross Ar unt Work Order# ActCd Description
10111-5330 -100 39.95 li LOZANO (Ml - SIATIMENT)
*Mf Vendor Naze Reniti Payee Bank ChcM Chk Date Check Amount Sep
5459 BUSINESS, CARD AP 164188 07/24/07 697.50 Y
Claim# General iescriptjon
64477 JUNE STATEMENT MAtILEN GARIk'1i
PU;1 Stet Contract0 Invc}ice3 Invc Dt Gro-,,s Amount Discount. Ant Discount Used Net Amount
0 47104107 617,50 4,00 HMO
GL Distribution Gross Aiaunt Work OrderO ActCd Description,
104-01-5330-103 697.50 JUN MINT- NARLEN GARCIA
C6.0 Accounts Payable Release 6.1.3 N °APR700 By SHORA A (SANDRA)
::ity of D")1 fwin Park Aug 06, 2007 05:04PM Page 17
:,yrrent History. Dank AP Payrrerjt Crates 00/0010000 to 99/99/9999 Check /ACIi4's 164130 to 164311 Paynent Type: Check
Vend; Vendor Name Reprit4 Payee Bank Check§ Chk Date Check Amount Sep
,,45� r.7 SI ESI), r AP 164189 07 24/0 7 522.43 Y
,,, � >1,,��Ii�,�� CARD � i
Iairr4 General Description
84478 JlJN 5TATENEN'T VI JAY SINGi1AL
P0; 012t colltr c.tb Invoiced Invc Dt Gros Anount Discount Ant Biscunt Used Net Anount
0 07/04/07 522.43 0.00 722.43
GL Dis lr`il }uti0n Gross Auount Work Order§ ActCd Description
100 D2 5.030 74.17 V SlIKHAL-JUN STi1NT
l00 °01 ;3330 102 448.26 V 51IN tAL.-JUN SPINT
'lend; Venn #o;'dia��e Re it0 Payee bank Checks Chk Date Check Amunt '-'ep
419' DON RODRIGOH AP 164190 0=/24/07 HC 25
>ll'iAl ilrnr:ral Description
04479 APP -JUN '07 RIDESHARE SUkwlDY
M scat Contract3 Invoice§ Inv-, Dt Gross Anorrnt Discount Ant Msco(jnt Uw,ed Net Amount
0 07/14/07 66.25 0.00 66.15
GL Distriblltiarl Dross Mmunt. Mork Orden; Ac rd D2scripti�n�
109- 45..5335 66.25 APR-JUN '07 RIDESi1ARE SUDSIDY
Vr:nd' Vendor Name R£mMlfv Payee Bank Checkil Chk Date Check Amount Sep
7439 E;ROPIE12'_ PRINTING & LITHOGRAPHY AP 164152' 07/25/07 049.76
[,i.rim4 General Description
'15:'1 3 -PART CONTINOUS C;<S
P0;1 Sta1 Ccntr•act; Invoice; Invc Dt Cross AHUnt Discount Ant. Discount Used Net Amoinli
M0256 07/16/07 849.76 D,D0 849.16
GL DistrihuUon Gross Amount Work Order; ActU Description
100 - 12.5440 849.76 3-PART CONTINUOUS CHECKS
tit( =rrdtE Vendor Nano Renit4 Payee Bank Check; Chk Date Check Amount Sep
167 CALIFORNIA REDEVELOP:iENT A5501". FO AP 16419; 07/27101 1,040.0€r
clairrr4 General Description
84523 (RA TRAINING ON 81224123 `!AARON, RIVERA MELECIO PICAM
PH Stat. contract§ Invoiced Invc Dt. Cross Anount Discount Amt Discount Used Net Mount
D 07/27/07 1,040.00 O.DO 1,040.00
GL. Distribution Gross Arount Ilork Order; ActCd Description
101 - 43..5`,330 -020 i,D49.00 CRA TRAINING FOR S.RIVERA & I1,PICAZO A11C,
CUM Accounts, Payable. Release 6,1.3 N°APR700 By SANDRA A (SANDRA)
�Ity of Baldwin Bark Aug 06, 2007 05;04pm Page 10
'ayraeriI 11iizt cry . Ban`K AP Pay'ent Dates 00/04/0000 to 99/99/1949 Check /ACi14's 164130 to 164317 Payrw nt'Type Check
#'end# Vendor Nair.o ReIIM Payee Bank Check& Chk Date Check Amount "Op
3067 CPRS DISTRICT VIII CITY OF DIAMOND AP 164194 07/25/07 1!0,00
Maim& General Description
04526 RESERVATION FOR 10 STAFF
POI Stat Contract& Invoicel
Invc Dt Gross Annum Discount Amt
Discount Used
Net Amount
O
07/17/07 150.00
0.00
150.00
GL Distribution
Gross Amount Work Order& ActCd Descritition
Work Order# ActCd Description
100.72.5330
30.00 RESERVATIONS
FOR 10 STAFF
(APPREECIATI0N)
900 7 =» 3p
30,00
Bank Chockl
Chk Date Check Amount Sep
100 "75'5.330
30.00
RP 164396
07/25/07 75,00
100-76 °:1330
30.00
400--77- 5330 -620
30.00
Vvndl Vendor Nano
Rersitl Payee
Bank Check&
Chk Date Check ArAount Sep
2479 D.C. CORPORATION
AP 164195
07/25/07 10,000.00
Glair& General Description
84529 C u D RFFUND
POI Stat Contract# Invoicel
Invc Dt
Gross Amount Discount Amt Discount Used
Net Amount
O
07/23/07
10,000.00 0.00
10;000.00
GL Distribution
Gross Amount
Work Order# ActCd Description
129 -00 -2075
101000.00
4225 WALNUT /D.0 CORP C �- D
REFUND
Vendl Vendor Name
Remit# Payee
Bank Chockl
Chk Date Check Amount Sep
575 LOCAL GOVERNMENT COMMISSION
RP 164396
07/25/07 75,00
Clain General Description
04537 MEMBERSHIP REN001. 7/2007 - 712008
POO Stat Contract& InvoiceD Invc Dt Gross Amount Discount Amt Discount Used Net Amount
4093- -07 -i1 07/17/07 75.00 0.00 75.00
GL Distribution Gross Amount Work Order# ActCd Description
100 - 455240 75.00 COh1MxSSION ASSOC MEMBERSHIP RENEWAL.
Vrndl Vendor Name Remitl Payee Bank Checkl Ghk Date Check Wount Sep
9406 MAURHIO CRUZ AP 164197 07/25/07 3,140.40
Clain# General. Description
24532 C D 0 REFU O
PM Stet Contractl Invoice3
0
GL DistriilMion
129 - 00-2075
Claims General Description
1;4535 C & D REE Uitli
Invc Dt Gross Amount Discount Ant Discount Used Net Amount.
07/25/07 1,148.40 , 0.00 1,140.40
Cross Amount Work Order& ActCd Description
1,148.40 3253 MANGUII /11AURICIO CRUZ C ; D REFUND
1701 Stat Contract# Invoicel Invc Dt Gross Amount Discount Amt
0 07/25/07 2,000.00
GL Distribution Gross Amount Work Order& ActCd Description
CCS.AP Accounts Payable Release 6.1.3 N'APR700
Discount Used Net Amount
0,00 2,00030
By SANDRA A (SANDRA)
City of t {E,Td; "in Park Aug 06, 2007 0514ar? Page 19
P, yment History. Dank AP Payment Dates 00/00/0000 to 99/99/9499 Check /ACI10's 164130 to 164317 Payment Type Check
12fi.00 -2075 2,000.00 3253 t1ANGUM /PIAURICI0 CRUZ C 6 D REFUND
'J�r,d# Vendor Name Romit0 Payee Bank Check# Chk Date Check Amount Sep
7327 STANDARD INSURANCE COMPANY UNIT 22 AP 164193 07/25/.07 11,141.23
Clair;,- General Description
114530 AUG PREMIM 4 00 643014 0001
004 Stat Contract- Invoice-
Invc Dt
Gros: Amount Discount Ant Discount Used
Net Amount
0
07/25/07
11,141.23 0.00
11,141.23
GI- Distribution
Gross Arj.,ount
Work Order# ActCd Description
100 -00 -2303
1,735.75
AUG PIENIUi1 0 00 643014 0001 IMP 1 14-15
132 - 00-.4703
9,405,40
$ 3102. 11/i'10k1TP1, PRINCIPAL
PAYKENTS. SCHFOULE T 7
V(�ndif Vendor Nw
RemM Payee
Bank Check#
Chk Date Check Amount Sep
6447 StM TRUST
Amount
AP 164199
07/25/07 3,102.11
:',lai,,# General inscription
84246 I..P AS£ MIT FOR 4 POLICE �IEPIICi.,I -a
PO# St,zt Contract- Invoice#
Invc Dt
Gross Amount Discount Ant Discount. Used
Net Amount
15066 0 1132567
07/11/07
3,102.11 0100
3,102.11
GL Distribution
Gross Awunt
Work Order# ActCd Description
1 0 -58 -5733
2, 631.25
'ANNUAL--FY 07/40' LEASE PAYMENTS FOP, 4 PGLICC: t'EiiTCI -C:
$ 3102. 11/i'10k1TP1, PRINCIPAL
PAYKENTS. SCHFOULE T 7
130 °50 -5629'
470.06
IP #TEREST PAYMENTS
PO Li3mirf,:,tiori
Amount
130 -50 -6629
470.1!6
130 -53 ';7 `;
2,631.25
vend# Vender Narre
PC i t I Payee
Bank Check#
Chk Date Check Afwia t Sep
6447 ri IN TRUST
AP 164200
07/5167 3, 446.35 Y
lair7# General Description
U4539 I.- I:.ASL PriT M POLICE: 'VE11I1CLE NOTORCYCLE',i
PO,� Stdt Contract- Invoica Invc Dt Gross Amount Discount Amt Discount Used Net bount
15070 O 1131021 07/06/07 5,44635 0.00 3,44635
a. 0i'stributior', Gros. Mount Work Order# AW4 tre =cription
130- 5$-51;3
3,446.35 'ANNUAL-FY 07/00' LEASE PAYMENTS FOR POLICE VEHICLES ti
NOTORGYLE5 4 3446.35/1ONTH. SCHEDULE 6
PO Liquidation Amount
130.58.. G 7:13 3, 446.35
verndo Vendor' Nate Rey it0 Payee Bank Check# Chk Date Check Araouiit Sep
6447 SWX TRUST AP 16409 07/5/07 7,016.68 Y
?aunt General Description
C4549 t.I -ASE PYNTS FOR MANAGEMENT SYS SOFTWAR>
Poll Stat Contract- Invoice: Invc Dt
'i5065 O 153674 07110107
GL Di:tr- ibutiorr Gross Amount
131 -113 -5761 7,016.60
CS.AP Accounts Payable Release 6.1.3 N'APR700
Gross Amount Discount Ant Discount Used Net Amount
7,016.6',3 0.00 7,016.6U
Work Order# ActCd Description
'ANNUAL-FY 07/00' LEASE PAYi1ENTS FOP HNANCIAL
MMAGL ENT SYSTEM SOFTRARE 7016.6 & /I10NTIi, SCIiED LE d
By 50DRA A (S�ANDRA)
-,ity o; B'zld,in Park Aug 06, 2001 05 :04pT, Page 20
I: >gment History. Bank AP Payrlent Dates 00/00/0000 to 99/99/9999 Check /ACIII's 164130 to 1b4317 Paymwit Type Check
3
PO Liquidation Anount
1321 -13 -5761 7,016.60'
Vends Vendor Narle Rerfit;< Payee Dank Checkl Chk.Date Check Amount Sep
8257 TELACU RESIDLP1IIAL MANAGEMENT i TELACU CMTRUGTIDN KGi4T TELACU 5 AP 164202 07125107 9,707.00
Claims; General Description
04540 FAM ACTIVITY l 526
P0l Stat Gontractl InvoiceC
Invc Dt
Gross Amount Discount Art Discount Used
Not Amount
O
07/25/07
9,707.00 0100
9,707.00
GI_ Distribution
Gross Amount
Work Ordeal ActCd Descriptlori
122 43 030 12v
9,707.00
S. COURT t;ERASILITATION /CUDO
ACTIVITY 526
vendb Vendor Nave
Remitl Payee
Bank Checkl
Chk Date Check Amount Sep
8287 TELAGU RESTDINTIAI.. NANAGOIEN'T
1 TRACU CONSTRUCTION MGMT TELACU S AP 164203
07125/D7 2,500.00 Y
(;lillll General DescriptiaTl
04545 SENIOR COURT ADA 511,0 ES PRJ 2/G11DO
POii Stat Contructt Invoiceti Invc Dt Gress Amount Discount Ant Discount Used Net Amount
0 07/25/07 2,500.00 LOO 2,560.00
GL Distribution Gross Amount Work Ordeal ActCd Description
17.2 °11:1 5030 125 2,500.00 :;.COURT ADA MOWERS PRJ 2/MOO PYMT 0 1
Vcndl Vendor name Rem li Payee bank Checki Chk Date Check Amount Sep
3856 VI :310N SERVICE PLAN (CAI AP 164204 07/25/07 4,375.00
Clairol General Description
34549 AUG PREMILIN ( PP l 14 -15 ) 4 00 116061 0001
PO4 011tat ConPractt Invoicel
Invc Dt
cro:_s Amount Discount AM Discount Used
Net Ar;ount
0
07125107
4,375.00 0.00
4,375-00
GL Mtributioii
Gross Amount
i'IGi'k Grder,) Actfd Description
100 -00 -23210
4,375.00
AUG PREMIUMS (PP l 14 -15)
10O116061HO1
ve -liff Vendor Name.
RemM Payee
Bank Checks
Chk irate Check AfRount. Sep
7466 Ht4ARO A LUMITCi1
AP 1612D6'
07/26/07 1,290,00
4lairl General Description.
8457i :::;}iSi 7123/07- 7/26/07
M. St,-;t Cc,ntractl Invoices Invc Dt Gross Aririuni Discount Ant .Discount Used Net Amount
01,11703 0]126107 11250.00 0.O0 1,290.00
GL Distribution Gross Anount 'Work Ordeal Actr.d D2 rription
100 -12 -5030 825,60 7/2.'x-7/26/07
101 - 12-.60:;0 °020 103.20 7/23-.7/29107
101 -12- 5030.025 103.`2.0 7f23- '1/29/07
117- 1215D30 1.111150 51,60 712' 7/26/07
418-12-5030 -056 51.60 7/7.:4 7/20/07
120..12.! :?O301 030 25M 7/2;..1/26/Ol
111- 12�JDJ6 124.00 111 J.,.7f 26/V7
CCS.AP Accounts Payable Release 6.1.3 M °APR700 By SANDRA A (SANDRA)
,ity of Baldwin Park Aug 06, 2007 .05:04 Page 21
:r:xyment History. Bank AP Payment Dates 00/00/0000 to 99/99/9999 Check /ACHI's 164130 to 164317 Payment TvPc Checir
4rrd# Vendor ,'lame Renit4 Payee Bank Check;, Chk Date Check Amount yep
7090 10-9 RETROFIT AP 164224° 07/26/07 999.51
:Iai0 General Description
04460 MISC POLICE EQUIP
POI 5tE,7 Cont.ractl Invoicel
Invc Dt
Grri s Amount Discount Arrt
Discount Used
Net Amount
1,386.11 0,00 1,366.11
7.5747
06/1;/07
18936
0.00
109.90
1 EA SMSM600 `;ERIE; 600 STRAIGHT EXTENSION POLE
253
06/21/07
009.53
0.00
809.5
GLL Distribution
100 -23 -5710
Cross Ano nt
Work Orderl ActCd Description
100 -23 -5210
215.00
130-511-.5210
100 - 23.5210
999.51
i'tlsC POLICE
EQUI,)
Amount
Vend',' Vendor Naro
100 -21- -5710
Re Fit"1 Payee
Bann Check#
Chk Date Check Arount 4ep
4 A -1 EVENT t't PARTY
RENTAL;
AP 164225
07/26/07 446.66
la i, i 6c:neral Descr i rt iorl
1144611 ST OF THE CITY -QQUIP RENTAL
PH Stat Contract# Invoice# Invc Dt
7 °063006 99 04/09/07
GL Distribution Gross Amount
100 -01 -5210 406,66
V(ADd# Vendor dare Remit# Payee
0 AARDVARK TACTICAL
Claim# General Description
04483 POLICE EQUIP
Gross Amount. Discount Amt Discount Used Net Amount
406.68 0.00 40636
Work Order# ActCd Description
ST OF THE CITY -EQUIP RENTAL
Bank Check# Chk Date Check A90unt Sep
AP 164726 07/26/07 1,014.39
POI Stet Contract# Invoice;#
Invc Dt
Gross Amount Discount Amt Discount Used Net Amount
14HO C 0039309••IN
06/08/07
1,386.11 0,00 1,366.11
GL Otstribution
Gross Amount
Work Order# Actfd Description
100 -23 -5210
235,00
1 EA SMSM600 `;ERIE; 600 STRAIGHT EXTENSION POLE
700 -25 -5210
560,6"
W /RUBOER HANDLE EXTEND; TO 75" /WITH B" HIRROR
100 - 23-5210
650.00
1 EA PROTECH PATROLLER SHIELD 16124" LE'VE:L 111A
100 -23 -5710
190.00
1 EA BHDE -CQB CQB RAM
100 -23 -5210
215.00
1 EA BHDE -SBM ESE- ACKRAWK SUPER BOLTMA5TER
100 - 23.5210
96,11
SALES TAX
PO Liquidation
Amount
100 -21- -5710
i, 306.11
Clain# General Description
04484 POLICE EQUIP
POI Stat Carrtract# Invoicel
Invc Dt
Gross Amount Discount Amt
Discount Used Net Amount
t4470 C 0039303 -IN
06100/07
1,095.69
0.00 t,095.69
GL Distribution
Gross Amount
Work OrderO ActCd Description
700 -25 -5210
560,6"
10 EA DD GUN
STELL BODY RELOADABLE MULTI PORT PLUS.
100 - 25•5210
527.04
1 EA DT /FI 46
GRAM RELOAD DD CHARGE
PO Liquidation
Amount
100 ?.� °5274
1,095.69
Claim# General Description
84435 M. :SC POLICE EQUIP
CCS,AP Accounts Payable Release 6,1,3 NIAPR700
by SANDRA A (SANDRA)
ity of Baldwin Park Aug 06, 2007 05:04prEr Page 22
)ayr.W history. bank AP Payment Dates 00/00/0000 to 99199/9999 Check /ACII §`s 164130 to 164317 Payment Type Chuck
POD Stat Contract§ Invoice§ Invc Dt Gross Amount Discount Amt Discount Used Net Amount
14967 C 0039471 -Ifi 06/15/07 532,59 0.00 532.59
GL Distribution Gross Amount Work Orden ActCd Description
100 23 ',0010 225.09 1 CA COMMAND BOARD
1001 -23 -5210 202.07 1 EA DELUXE COMMAW BOARD
100-23-5210 105,43 1 EA 16 PACKAGE 3 ilf1ITS
PO Liquidation Amount
100 ?.3 0210 606.20
Ve:ndl Vendor 3lar�e..___.... Rents Payee Bank Checkb Chk Date Check Aiwint Sep
2422 ADAPT CONSULTING, INC AP 164227 07/26/07 1,516.07
Claire General Description
84584 MR RECYCLE NAN STRESS Chl.l.
PO4.5tat Gontract8 Invoices! Invc Dt Gross Amount Discount Ant Discount Used Net Amount
1 "046 06/07107 1,516.07 0.00 1,516.07
GL Distrihution
129 -54- 5210 -049
129-54- 5210 °313
'lend§ V(;ndor Name
8788 ALESNIRE & WYNDER, L.LP
Claina 60neral Description
1144,86 MAY SERVICES
P01 Stat Contract§ lnvoic0
7448
7049
7051
7053
7}051
1)15G
7 05 7
70!'01
7OG4
70f,I
GL. Distribution
000- Oa-`.010
120- 43- 501a434
102 42 5000 014
Grass Amount Work OrderO ActCd Description
700,40 HAN STRESS BALL
816.07 NAU STRESS BALL
Rei..i -M Payee, Bank Check§ Chk Date Check Amount GAP
AP 164228 07/26/01 14,729.33
Inve Dt
Gto..s Amount
Discount Ant
Discount Used
Net Amount.
06100/07
2,499.00
0.00
2,499.00
06108/07
71.59
030
71.59
06/00107
11,7..50
0,00
122,50
06/0E/07
557.2E
0.00
557.201
016/03/07
87.50
0.00
87.510
06/08/07
4,900.00
0.00
4,900.00
06/08/07
4,130.00
0.00
4,130,00
06/08/07
200,00
0.00
280.00
06/08/07
517.50
0.00
577.50
06/08/07
262.50
0.00
262.50
06/08/07
45534
0,00
455.00
06/02/07
786.46
0.00
786.46
Grass Amount
Work Order§ ActCd Description
14,54133
HIM SERV
3l , 00
MAY SEW
52,H
I°IAY SE:RV
CCS.AP rAcr;ounts Payalsle Release 6.1,3 NIAPR-100 By SANDRA A (SAI'MRA)
ity of Daldwin Palk Aug 06, 7007 05:04pIIfl Page 23
'ayrent 1listory. flank AP Paynent Dates 00/00/0000 to 99/99/9999 Chcck/AC114's 164130 to 164311 Payilent Type Ch€c k
Vend9 Vendor Nar,e Remit! Payee Bank Check-, Ghk Date Check Amount Sep
?U APPLE ONE AP 164229 0712u107 I, 102.93
lairE4 G4rl;,r,:,1 Description
114406 TEMP SERV HR DEPTIFIN DEPT (KARA WARREN)
PO4 St-3t 1101traGt4
II1VOiCO'�
IrIvc Ot
Gross Amount Discount ANIL 9 i scoti, -it U:ed
Net Amount
1889818
Q--5145531
66/27/47
663.19 0.00,
663.1(3
1089814
CA5141534
06/20/07
519.75 0.40
519.75
GI_ Distribution
Gross Amount
Grass Amount
Work Orderly Acted Description
90015 5004
136.60
306.14
TEPIP SRV /FIR DEPT
'07-4100 BL BLVD CON CTi2
i00 -12 -5000
136,60.
35730
TEMP 5H /HWHE DEPT
'07- 14314 -17 MORGAN FAM CTR
100- 12 -5000
Relfit"u Payee
519.75
TEMP Z /FINANCE DEPT
Bank Check4 Chk Date Check Amount `.ep
Vend4 Vendor Naa1e
Relrit4 Payee
Bank Check4
Chk Date Check Ar;ount `tep
1963 AQMD
1 AQ19
AP 164230
07/16/07 ?'13.20
;laii�4 t,el�t:rai irescripti��ri
844GI AQhD FEE JLY '06. -JUN `07 4100 BALDi7N PARK DL- G011h1 CTR 14314 -17 NORGAN FAH CTR
PH Stat Corstraetll Ir €vaicelr
lnvc Ot
Gross Amount
Discount Ant
Discount Used Wit Amount
1889818
06/26/07
135.60
0.00 136.60
1089814
06/26107
136.60
0.00 136.60
GL Distribution
Gross Amount
Work Ordev5 ArtCd
Description
127 -57 -5000
136.60
JLY '06 -JUN
'07-4100 BL BLVD CON CTi2
127-57 -!;000
136,60.
JLY '06 -JUN
'07- 14314 -17 MORGAN FAM CTR
tlend9 Vendor tlitilii?
Relfit"u Payee
Bank Check4 Chk Date Check Amount `.ep
fl? B & K ELECTRIC WHOLESALE
AP 164231 07126107 90.93
;lair o cneral Description
1!449 EXIT SIGNzi
1104 Stat Cor€tract4 Invoicei Invc Dt Gross Amount Discount ,Alit Discount Used Net Amount
SZ252314.002 06/25107 90.93 ' 0.00 90.93
GI_ Distrihutiolt Gross Amount Work OrderO Acted DUscriptitrrl
17.7-57 -5110 50.93 t:Y,IT SIGN';
Uc;ndl Vendor Nare RemitO Payee Bank Check4 Chk irate Check Amount Sep
1999 FALOWIN PARK A1IERICAN LITTLE LEAGU AP 164232 07/26107 44.00
Gb im0 General Description
24490 ,JUk'[ SPORTS SCHOLARSHIP SUB',,Ii.rV
PO `itat Contracts Invoicei Invc Dt Gross Anourit Discount Amt Discount Used Net Amount
0 07/25/07 . 44.00 0.00 44.00
Cl Distrilgction Grass iWount Work Ordorl Acted Description
1?0 43 5050 084 44.00 JUN '07- SPORTS SCHOLA09P SUBSIDY
(;C; =.AP Accounts Payable Release 6.13 VAPR700 By SANDRA A (SANDRA)
sty o{ })oldwiri Par k Aug 06, 2007 05,0411 Pale 24
)ayffe.rtt 11istory. Dank AP Payment [sates 00/00/0000 to 99/90/ 9599 Check /AC'N4's 164130 to 164317 Payment TYPO Q eck
Ucnds Vender Nare -Remits Payee Bank Checkl Chk We Check Armunt Sep
1r.M11 BALD11IN PART; COHHUNITY CEi ;TER AP 16423.3 07/261'07 1,156.10
;lairi9 General Description
84491 JUN '01 SPORTS SCHOLARSIRIP SUBSIDY
POs "tat Contracts Invoices
Invc Dt
Gros. Amount
Discount, Ant Discount ilsed
Net Amount
0
01/25J07
1,756.10
630
1,156.10
Cl- Distribution
Gross Want
Work Orderl Acted
DescHPLiGn
JUN '07 SPORTS SCHOLARSHIP
120 43 5650 os4
1,756.10
Remit# Payee
JUN '07 SPORTS IGHOLARSMP
SUDSIDY
V(,,H Vendor Iarie Retiiti)
Payne
AP 164235
rank Check4
Chk Date Check AmGuMt Sep
05611 lityi,.Ii41IN P1R1 YOUTH ATHLETIC ASSCC,
AP 164234
07126107 47,50
11..71 ii General Description
04492 JUN, '01 SPORT" SCIIOLARS,MP
PO4 St,ai Contracts Invoices
Invc Dt
fkoss Amount. Discount Ant. Discount Used
Net Armur,t
0
07/25./07
47.50 0.00
47.50
G'L Di,<tributiorc
Gross Amount
;lark Orde.rl Acted Description .
120 - 43-505,0-054
47.50
JUN '07 SPORTS SCHOLARSHIP
SUBSIDY
vc-ndi VWOF Na, e
Remit# Payee
bank Gh?ckk
Chk [rate Check Arr}tiunt Sep
4034 G11LL 'r1RI Gill T'S PAINT
AP 164235
07/26/07 337.64
Gla4i-is General Description
04493
PAINT SUPPLIES
00 Jteit l;r,;,tr' act Invoiceil invc Dt Gross Amount Discount Ant Discount Used Net Am.owit
14133 0 700[;6 05/233/07 337,64 0.00 337,64
CL Distrit�ution Gross Arount Work Orders Acted Description
114 59. 5210"094 337. G4 1 EA 'ANNUAL-FY 06/07' PAINT RELATED 5UPPLI11
1'0 Lip }uiii;:it ion Amount
114 59 5210 094 333.64
vends Vendor Name ROW& Payee rank Checks Chk Date ;heck Mmunt Sep
9KM CAI.. ST SACRAt1ENTO STUDENT FIN 6TR, AP 164236 03/26/07 500,00
Glairis General Description
84494 "UNF 7/9 -11/07 TED ESPANTO ,1IKF FORD
POs Stat Contracts Invoices Invc Dt Gross Amount Discount Ant. Discount Used Net Amount
0 06/13/07 500.00 0.00 500.00
GL Distribution Gross Amount Murk Orders ActCd Description
139 21 5330 -099 500.00 T ESPANTO /i1 FORD 419 -11/7
Cis ,AP Accounts Payable Release 6.1.3 MOM By SANDRA A (SANDRA)
City of Azlld0 n Park Aug 06, 2907 05:04PN Page 25
P,i yment History. Bank AP Payment Dates 00/00/0090 to 99/99/9999 Check /ACHY s 164130 to 154317 Payment Type Check
Vondl Vendor Name Romt t# Payee Bank Checks Chk Date Check Amount Sep
1959 CALIFORNIA CLFANING SYSTEMS AP 164237 07/26/07 1,394.02
Claim0 General Description
04495 t'1ISC SUPPLIES
POO 5tat Contract0 Invoice0
Invc Dt Gross Amount Discount Ant
Discount Used
Net Amount
27494
06/29/07 11354.02
0.00
1,394.02.
GL Distribution
Gross Amount Hock Orderl W Cd Description
0.00
3,000.00
130 -58 "5210
1,344.02 SUPPLIES
V(.~nd0 Vendor Nano
Remit# Payee
Bank Check$
Chk Date Check Amount Sep
3629 CARPENTER 6 ROTHANS
RenitO Payee
AP 164238
07/26/07 500.00
flain0 General Description
84499 MAY SERVICES
POO Stot Fontract0 Invoice4 Invc Dt Grass Amount Discount Ant Discount Used Net Amount
%034 06/19/07 608.00 0.00 608.00
GL Distribution Gross Awunt Work Orderl ActCd Description
100 -04 -5010 -543 600.00 MAY SERVICES
Vend# Vendor Name RemitB Payee Bank Checkf Chk Date Check Awnt Sep
8382 CASCA'S GLASS 3 SCREEN AP 164239 07/26/07 3,42530
r:l�rin0 General Description
84496 GRAFFITI FILM INSTALLATION
POO Stet contract9 Invoicel
Invc Dt Gross Amount Discount Ant
Discount Used
Net Amount
1031
06/10/07 425.00
0.00
425.00
1094
06/29/07 31000.00
0.00
3,000.00
GI_ Distribution
Gross Amount Work OrderO ActCd Description
127 58 -H00
3,425.00 GRAFFITI FILM
VorrdO Vendor Nar;,e
RenitO Payee
Bank Checks
Chk Date Check Amount cep
7797 CIN6ULAR WIRELESS -ATLYS
2 CINGULAR WIRELESS
AP 164240
07f26/07 1,511.40
lain: Description
04591 SRV 5/21/07°6/20/07 A/Q 1;92045026
009 Stat Contract& Invoice9 Invc Dt. Gross Amount Discount Ant Discount Used Net Amount
9920450261(96 82007 06/20/07 . 11511.40 0.00 11511.40
GI. Distribution Gros; Amount Work OrderO ActCd Description
100 -25 -5430 1,511.40 SRV 5%11/07- 6120;07
'CS.AP Acco�rnts Payable Release 6.1.3 N$APR100 By SAADRA A (,iAi4DRA)
fity of Baldwin Park Aug 06, 2007 05:04pm Page 26
r,:gwnt history. Dank AP Payment Dates 00/00/0000 to 99/99/9959 CheckJACHU s 164150 to 1643117 Payment Type Check
VendU Vendor Nar,e Remito Payee Bank Checki! Chk Date Check Apaunt Sep
GI119UCIAL LANDSCAPE SUPPLY, ING AP 164241 07/26/07 502105
Clai0 General Description
04005 LtUS"'APE SUPPLIES
POO Stot Ccntractl Invoiced
Invc Dt
Gross Anouflt Discount Amt
Discount Used Net A�,ioujit
1160071
05/21/0;
602.99
0.00 602.99
GL Dis4T "ihlltion
Gross AT6unt
Work Order# Actf,d DHUiPtion
,
721 -60 -5210
602.09
SUPPLIES
r7l;nril Vendor Name
Rer;ritl Payee
Dank Checkl Chk [late Check ArAnunt Sep
0i'dUliIGAtIONS CENTER
AP 164242 07/26/01 3,900.00
f,aa i I, General DescrAption
84497 JILB11ARCH RADIO IISrAL.I,
POi4 St:ht Cc;itr'act.0 invoiC0
sr5�82 4
GI- D13tributi0n
117-15-5210
I.la r rlii ft ;rleral Oescr � p t i on
114499 RADIO I'iAINT
Invc Dt Gross Amount. Discount ,Ant Diacount Used Net Amount.
04/02/07 2,450.00 0.00 2,450.00
Crosu Amount 'r °iurk Orden Acted Decripiion
2,450.OU FEB /MAR IN?TALLATION
POH, Stat Contra-CH Invoice;# Invc Dt Gr,oss Amount Discount Amt Discount Ussl; Not Amount.
336,90 O 11115071 05/01/07 1,350.00 0.00 1,350.00
U Distribution Gross Amount llxk Drderl ActCd ttescription
100 °23 -5000 1,036.67 1 EA 'ANNUAL -FY06 /071 POLICE RADIO EQUIPMEHT MOIITI�LY
NAINTEIIANCE, PATROL PORTION
fUG 29 5000 253,13 1 EA COHIIUNICATIONS PORTION
PO LkuId;�Uan Anount
100 °2 -5000 1,096.97
Vendl Vendor Name Re"510 Payee Bank Checku Chk Date Check AwLunt ep
3501 [,VIPIUTi't2 SERVICES COMPANY AP 164245 07/26/07 2,000.00
Claiml General Description
94501 KPLACE_ ISMS SIf;NS
PH St,at 60"Itracti Invoice,#
14916 0 . °1895 -12
GL Di8tribution
114 -59 -5000 -094
PO Liquidation
114-59- 5000 -094
Invc Dt Voss Amount Discount Amt Discount Used Net Amount
U5/a1J07 2,000.00 0.00 2,OCO.00
Gr'o5s Anount Mork Or'derl ActCd Description
2,£NOVE AND REPLACE OVERHEAD ILLUh1IHATED SIGN
000.00 5 EA R
Anount
2,000.00
CCS.AP Accounts Payable Release 6,1.3 N'APR700
,
by SANDRA A (SANDRA)
City of Baldin Park Aug 05, 2007 05.04pr¢ Page 27
f)a,yment History. Bank AP Payment Dates 00/40/0000 to 99/99/9999 Check /A01 's 164190 to 164317 Payment Type Check
V ndl Vendor Nara Rerflti Payee Bank Checks Chk Date Check Anount Sep
6506 COOPER DELIVERY SERVICE AP 164244 07/26/07 12235
Claim4 General Description
34500 DELIVERY SERV
PO;: Stat ( ;ontracti Invoice4
Invc Dt
Grow Amount Discount Art
Discount Used Net Anoint
!007000416
07/02/07
122.35
0.04 122.35
6L Distribution
Gross Amount
Work Orderi ActCd Description
6ros; Airount
100 -01 -5100
53.50
DELIVERY SRV
100-70- 5210
902 42 °50 "�U °011
63.05
DELIVERY `;RV
100- 73-5210
Verdi Vl.ndor Nary. =.
Remiti Payee
LEG CAP REPLACEMENTS
Bank Gheckf Chk Date Chock Amount Sep
5725 CREATIVE PLAY K PATIO
304.10
6 EA COVER
AP 164,115 07126/07 6,559.00
Clair:.ii General Description
D4502 SPECIAL iVlJfl' CHAIRS
Pol Stat Contracts Invoice0
Invc Dt
Gross Anount Discount Ant
Discount Used
Net Anount
14904 G 20471722
06030/07
6,58.00
0.00
6,558.40
GL Distribution
6ros; Airount
Work Orders ActCd Description .
6049
06/1.2/07
100-70- 5210
5,179.53
300 EA SPECIAL EVENT GRAY -ON
-GRAY Ff;ArrE CHAIR
100- 73-5210
184.0 "v
400 CA CHAIR
LEG CAP REPLACEMENTS
1,006.13
190 °76.5210
304.10
6 EA COVER
Work Order4 ActCd Description
100 - 72.5210
394,3f
6 EA DOLLY
1,166.73
i EA 4ANNUAL-FY06
PO Liquidation
Amount
PUMPS
240- 79'.;210
6,555.75
P0 Liquidation
Amourlt
Vo,ndi Vendor Nare
Reniti Payee
Bank Checki
Chk Date Chock A ;wt(nt Sep
3431 DEATWRIDGE (; COMPANY
AP 164"246
07/25/07 1,166.7.'
Glairr4 General Description
21503 111ONTWLY INSPECTION/ GASBO`{ CLANK KEYS
PO,i St;;t Contractt
lnvoic0
Invc Dt
Gros. Amount Discount. Ant
Discount Used
Net Anouri#.
14f170 0
6549
06/23/07
90.00
0.00
00.00
6049
06/1.2/07
80.00
0.00
B0.00
6f;3'.
06/26/07
1,006.73
0.00
1,006.13
GL Dist; ii,ution
Gros: Amount
Work Order4 ActCd Description
1:,0 59 -'14;1
1,166.73
i EA 4ANNUAL-FY06
/07' MAINTENANCE ANO f,EPAIF2 OF FUEL
PUMPS
P0 Liquidation
Amourlt
130-5 4: >7
1,166.I
Vondi Vendor Name
Remit# Payee
Bank Checks
Chk Date Check Amotint Sep
3069 91:.,PT OF TOXIC SUBSTANCE CONTRft
1 DEPARTMENT
OF TOXIC S0STANICES CO
AP 1 64247
07126107 230,00
[:laird General Description
34564 '07 MANIFEST FEES HAZ WASTE: MATERIALS 1/1/06- 12031/06 "CAD9214497730A
PO& Stat Contra04 InVOicei Invc Dt Gross Amount Discount Ant Ofscount Used Not Anount
[i 06/14/07 30.04 030 230.00
GL Distribution Gross Amount Work Order4 ActCd Description
111 11-5210-094 230.00 '07 MANIFEST FEE 1/1/06-12/31J0C>
,C`1.AP Accounts Payable Release 6.1.3 '14Af>n700 By SANDRA A (SANDRA)
;ity or 8aldrirr Park Aug 06, 2007 05:04P2 Page 27
)«yrrent History. Bank AP Payment Dates 0010010000 to 99/99/9999 Check1AG10 's 164130 to 164317 Payrcnt Type Check
Vendl Vendor Name Remit! Payee bank Chackl Chk Date Check Awwfit "or)
:.13510 Di1RE 0 SCHOOL SERVICES AP 164248 07126101 501,2-5
",lai0 General Description
84505 TRANSPORTATION- LATCHKEY FIELD TRIPS
PH St-)t Contract# Invoice# Invc Dt Gross Amount Miscount Ant Discount Used Net Arrount
00'1.9002096 06/30/07 501.25 0100 501,25
Gh, Distribution Gross Ai�,ount Mork Orderir ActCd Description
111-55'S0D0 055 501.25 TRANSPORTATION- LATCirEY TRIP`=
0nd4 vendor• ?Jame Renit6 Payee Bank Checkf Chk Date Check Amount Sep
0911 EDDIE AVAKIAN AP 164249 07/26/07 35.22
�31ain4 General Description
24506 flE71 lB JUNE EXPENSES
PO4 Stat Contract9 Invoice! Invc Dt Gross Amount Discount Amt Discount Used Net Amount
0 06/25/07 35.22 0100 35.22
GL tistribution Gross Amount Work Order4 ActCd Description
100-24 -5320 :i5. ?.2 REIM0 JUO E:XPEZES
Vond0 Vendor Name RemitB Payee Bank Check4 Chk Date Check Arpourrt Sep
8240 ENTEHECT AP 164250 07/26/07 .339,80
Claimk General Description
01507 ,JUKE SERVICE`S
POI Stal Contract& Invoice0
Invc Dt
Gross Amount Discount An,t Discount Used
Net Amount
14004 C 9305
06/30/07
33930 , 0,00
339.00
Q. Distribution
Gross Amount
Work Order4 ActGd De8c0ption
112 -25 -5000
339,00
1 EA 'ANNUAL- FY06 /07' ONLINE USER SERVICE: TO ACCESS
PUBLIC RECORD INFORMATION,
INCLUDING REVERSE E -NAIL
SEARCH SERVICE
PO Liquidation
Arwint
112 -25 -5000
339,60
Vendf Vendor Name
RemitB Payee -
Bank Checks
Chk Date Check ATAount S.P
797 EY,PERIAK
AP 164251
07/26/07 76.6[;
Glaini# General Description
01500 APR /MAY CREDIT REPORTS
POI St,),( Contract6 Invoicep Invc Ut Gross Amount Discount Amt Discount Used Net Amount
00020005263 06/01/07 76.6E 0.00 76.G8
GL Distribution Grass Amount Work Order# ActCd Description
420••4.3 - 5030-030 3E.34 APR /KAY CREDIT REPORTS
102.42 -- 5210 -013 38.34 APR /NAY CREDIT REPORTS
CCS,AP Accounts Payable Release 6J3 N'APR700 By SANDRA A (SANDRA)
";ity of Baldwin Park Aug 06, 2007 05:04pri Page '10
�grrent Itistory. Bank AP Payment Dates 00/00/0000 to 99/99/9999 Check /ACHY 3 164130 to 164317 Payment Tyne Check
vends Ucndor Name Remit# Payee Bank Check$ Chk Date Check Amount Sep
11749 FRANCISQUITO HAND CAR HASH AP 164252 07126107 G89,05
.laird;; General Description
1;4509 JUN CAR K;40
11010 Stet Contractl Invoice9
invc Dt
Gross Amount Discount Art
Discount Used
Net Amount
149,119 0 457752
06/30/07
689,05
0.00
6119.05
GL Distribution
Gross Mount
Work Order# WCd Description
130 -58 -5210
689.05
'ANNUAL -FY
06107' FOR WASHING POLICE: DEPT AND CITY
VFHICLES
PO Liquidation
Amount
,130.50 - -`;210
509.05
vend, Vendor flare
RemitO Payee
Bank Check#
Chk Date Check Amount Sep
1190 GrERTRY BROT1R,S, INC
AP 16425)
07/26107 93,438,00
C'laim4 General Description
84510 CDSG SIDEWALK PI a 06/07
PO9 011Pl CoritraM lwoice4 Invc Dt Gross Amount Discount Amt Discount Used Net AnWnt
11:231 C 0 06/29/07 93,438.00 0.00 9),430,00
Gl- 0i.,tr i11trtion Gross Alliourit Work Orderl ActCd 0e� =criptior,
17.0 50 5020 -863 9:3,430.00 2006 -07 CDBG SIDEWALK PROGRAI'
PO Lijuidition Amount
120 -53- 5020 -863 93438,00
Vend§ Vendor Name Remit9 Payee Bark CheckC CH Date Check Amwit Sep
400 GR71IidGM INC. 1 GRAINGER DEPT 823334640 AP 164254 07/26/07 148.40
Gla i-nq General Description
134511 M'(S=: SUPPLIES
P019 `;tat Corltr.,ffl Invoiced invc Dt (ir`I}SS AnDunt Discount Amt Discount Used Net Arrio it
1',.:393759726 06/22/07 140.49 0.00 148,40
GL 01itr'Ibution Gross Amount Work Orders Actrd Descriptions
1 "30 -58 -5210 148.48 Ufs1 >!_lE�
Accounts Payable Release 6.1.3 1l'APP700 by SANDRA A (,,WWRA)
"ity oC 2l =;'Edna in mark Aug 06, 2041 05:Olp n Page 31
:raymerit History. Dank AP Paynent Dates 00/0010000 to 99/99/9999 Check /Ar,i11's 164134 to 164317 Payment Type Check
vrr:nd# Vendor Name Remit# Payne Bank Check# Chk Date Check Armount Sep
4070 i1Li' }; DEPOT AP 164255 07126107 2,683.00
Claim# General Description
04512 NI`.!, SUPPLIES
PO;; Stat contract;i IrivoiCe,la
14150 0 0294646
5160698
GI.. Distribution
114 -61- 5210 -094
PO Liquidation
114 -61 5210 -094
GlaimI# General Description
8451 :310LIES
PH Stai Contract3 InvoiceD
14953 0 102400
GL Distribution
121 -67 -5210
PO iriquidatiori
121.167 -5210
claim0 General Oescription
84593 SUPPLIES
Invc Dt Gross Amount Discount Ant Discount Used Net Amount
05/18/07 1,535.58 0.00 1,535.98
06/20/07 105.75 030 105.7;
Gross Amount Work Order# ActCd Description
1,641.73 1 CA ;ANNUAL -FY 06/074 NISC.ELLAINEOUS SUPPLIE: : -1
Amount
1,641.73
Invc Dt Grow Amount Discount Amt Discount Used Net Amount
06/15/07 66.151 0.00 66.15
Gross Aif-ourit Work Orden Act.Cd Description
66.15 ' ANNUAL - 06107 ' ORDER FOR LUMBER & HARDWARE t'iUPPLIE a
Amount
66.15
ISO# Stat corrtructo
Invoices:
Invc Ot
Gross Amount
Discount Amt Discount Used
Net Amount,
14134 0
5109320
05/21/01
366.03
0.00
366.03
5166154
05/31/07
16133
0.00
161.03
4385360
06101/07
144.30
0.00
144.30
1234223
06104/07
90.54
0.00
90.54
9101272
06/06107
213.30
0.00
213.30
GL Distribution
Gross'Amount
Work Order1i ActGd
Description
114 -59- 5210 °094
976.00
1 EA 'ANNUAL -FY 06/07` MISCELLANEOUS St1PPLIE5.
PO Liquidation
Amount
114 -59 -5210 -094
976,00
vend# Vendor Name
Remritt Payee
Bank Check#
CH Date Check Amount Sep
450 I.10WARDS FLOOR COVERIN',
AP 164(56
07/26107 12, 000.00
Claim# General Description
84514 FLOORING 11TG ROOMS COtl1'i CTR
POD Stat Contract# Invoice ii Invc Dt Gross Amour }t Oiscourit Ant Discount Used Net Amerarrt
34256 06/25/07 12,800.00 0.00 121800.00
GL Disirihution Gross Amount Hark Order# Actc'd Descriptionn
100 51 57.10 12,600.00 FLOORING.. COMM CTR
GC:i.AP Acc ounts Payable Release 6.1.3 N'APR700 by SANDRA A (SAuDRA3
,lty ei 3,11j;dln Park I Aug 06, 2007 05:04pvi Page :,2
>Uyrerit History. Bank AP Payment Dates 00100/0000 to 99/99/9999 Check /ACiI's M130 to 164317 Payrent'Type Check
Ue1140 Vender N1 P.e 1<eriitf Payee Bank 000 Chk Date. Check Amount Sep
8771 JE:NYCOIN INC. AP 164257 07/26/07 61267161
',laiml General Description
845116 VOICE /DATE CONDUIT MING SYiTi i'i
POO Stat Cantra,CtI IitVOico Invc Ot 6rn.s Anourit Discount Amt Discount Used Net Amount
400714 05/2;/07 1,183.35 0.00 11283.35
GL Di3tribut.ion Gros Arlount Work OrderO ActCd Description
100-77 - 5430420 1,283.35 YORE /DATE CONDUIT, PAGING SYSTEM
laiirEv Gcineral Des crit,tiron
84517 VOICE /DATE CONDUIT PAGING SYSTEM & CABLE:
X04 Stat Contractil Invoice4
Invc Dt
Gross Arount Discount Arit Discount Used Net Amount
1';010 C 40071
05/23/07
3,743.00 0.00 3,143.00
GL Distribution
Gross Armunt
Work Orderl ActCd Description
100 -77- 5430620
1,250.00
VOICE & DATE CONDUIT,PAGING SYSTEM & CABLE FOR HKOR
CENTER
100 °72 -5220
513.00
RECREATION `fRVICE.,
100- 12-5210-200
175.00
RECREATION SERVICE5
10o- 112-5210
1300.00
RECREATIOD tiERVICES
100 -72- ,5"1-10
0100
RECREATION SERVICE`
PO Liquidation
Arlount
100 111-52i0
518.00
100:12- 5210 -200
175.40
100 72 -5220
1,900.00
100 -17- 5430-620
11250100
, �ia iirl tier�c.ral Description
M592 POLICE 90OR PHONE
PO4 Shit Contract4 Invaicei Invc Dt Gras Anount Discount Amt Discount Used Net Arount
4,0094 06/28107 1,241.26 0.00 1,241.26
GL Di ;trit >crtiorl Gross Aliiount. Nork Order4 ActCd Description
131 -13 -5260 1,241.7. POLICE DOOR PH
Vondl< Vendor Name Renill Payee Bank Check§ Chk Date Check Amount Sep
4022 M. -VIN SALE` DBA: KJ SERVICES ENVIR AP 164258 07/25/07 420,00
Claint General Description
34536 ,JUN USEO OIL BLK GRNT
PH stat Contract4 Invoice0 Invc Dt Gross A1riount Discount Ant Discount Used Net AnDunt
14287 C 6554 07/0',/07 165.06 0.04 165.06
GL Distribution Gross Amount Work OrderO ActCd Description
107 -5L- 5000.047 165.46 1 EA 1ANNUAL--FY 06/07# PROFESSIONAL. SERVICES FOR USED
OIL BLOCK GRANT
PO Liquidation
107.52-15000147
Glairr4 General Description
84587 USED OIt. BLK GRANT
Arlount
165.06
CCS.AP Accounts Payable Release 6.1.3 N'APR700 By SANDRA A (SANDRA)
.,ity of Baldwin Park Aug 06, 2007 05.04pm P> ge 33
7ayr=ent History, Oank AP Payment Date, 00/00/0000 to 99/99/9999 Check /ACM#': 164130 to 164317 Payment Type Check
POI Stat Contract# InvM ce# Invc Dt Gross Amount Discount Amt Discount Used Net Amount
6554 07/03/07 25434 0,00 254.04
GI- Distribution Gross Amount Work Order# ActCd Description
107 -52- 5000-.602 254.94 JUNE BLOCK GRANT
lend# Vendor Nacre Remit# Payee Bank Check% Chk Date Check Amount Sep
533 KLEEN KRAFT UNIFORM SUPPLY AP 164259 07/26/07 31636
lain# General Description
114518 UNIFORM SUPPLIES
POI Stat Contract#
Invoicel
Invc Dt
Gross Amount
Discount Amt Discount Used
Net Amount
14268 0
425122
05/02/07
5031
0.00
50.31
427572
05/09/07
41.47
0.00
41.47
420541
05/16/07
41,47
0.00
41.47
431300
05/23/07
332.87
0.00
332,87
0
05/23/07
- 149.16
0.00
- 149.16
GL Distribution
Gross Amount
Work Order# ActCd
Description
100 °57 -5210
1743-3
1 EA 'ANNUAL-FY 06/07' RENTAL OF UNIFORM) FOR THE
BUILDING t1AINTENANCE AND FLEET SERVICES
130 °585210
142,63
1 EA FLEET SERVICES
PO Liquidation
Ar:;ount
100 -57 "5210
174313
130 - 50..5210
142.63
Vend# Vendor Name
Remit# Payee
Bank Check#
Chk Date Check Mount Sep
4104 1.o BARRIOS & ASSOCIATES, I1C 302
FO
AP 164260
07/26/07 375.00
Claim General Description
04500 JUNE LAHSCAPE "M
PO# Stet Contract# Invoice# Invc Dt Gross Anount Discount Ant Discount Used Net Anount
2G714 07/11/07 375.00 0.00 375.00
61_ Distribution Gross Anount Work Order# At;tCd Description
111 69 5000 096 375.00 JUNE LANDSCAPE MINT
Vond#'Vendor Na3e Remit# Payee Bank Check4 Chk gate Check Arrourrt Sep
2465 LOS AMELES COUNTY DEPT OF PUBLIC 2 LOS ANGELES COUNTY DEPT OF PUBLIC AP 164261 07126107 900.09
lain0 General Description
045415 MISC REPAIRS BR MI B1G DALTON/ WALTON CK
POI Stet Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Arrourrt
14372 C AR329896 03/20/07 990.09 0.00 990.09
GL Distribution, Gross Anount Work Order# ActCd Description
132 -00 -2800 990,09 1 EA °ANNUAL-FY06 /074 EMERGENCY ORIKE REPAIRS
PO Lijuidation Amount
152 -00 -2800 5,000.00
CCS.AP Accounts Payable Release 6.1.3 N'0700 By SANDRA A (.:,ANDRA)
:,it.y or Mldoin Park Aug 06, 2007 t15;04prr Page 34
I:)ayrent History. Isank AP Payment Dates 00/00/0000 to 99/9,/9999 Check/Will's 164130 to 164;17 Payment Type Check
Vc,nd4 Vendor Nhm Remit3 Payee bank CheckO CH [rate Check Mount Sep
2392 I-MIN HOWER CORNER AP 164262 07/26/07 9,163.16
Glallo General Description
84519 TORO EMARK WINNOWER
P00 S4at Contract6 Invoiced
Invc Dt Gross Anount Discount Ant Discount Used Net Amount
14997 C 63785
06 /11/07 8,442.42 0.00 0,44LAZ
CL Distribution
Gross Ammunt Work Order# ActCd Description
121 -68 -5745
8,442.42 1 EA TORO FMARK LAWNHOWER 110D[I 1 74410
PO LiquHation
Amount
171 -60 -.5745
8,442.4.2
GlaW General Description
04520 HEIKE TRlrrll:R
PO4 Stat Contract# Ir €voiceik Invc Dt Gross Amount Discount Ant Discount U °aed Not Anount
14136 O 2750 06/27107 323.67 0.00 32-,67
GL Distribution Gross Amount Work Weil ActCd Description
114 -59- 5210-094 323.67 1 EA °AININUAL -FY 06/071 REPAIR OF AIRLESS PATli'i "F�ftAYERSf
PO L i qu i ?fa't i orr Amount
t1 4 50- 210 -094 323.67
C"laim0 General Description
04522 13TSC PARTS /SERv
PO tc'6 CCm$raG1q Ir €voice# Invc Dt Gross AC,!ovt Discou €it Ant Discount Used Net Amount
11,51 C 1218 06/11/07 56.09 0.00 56.09
27;9 06/20107 109.60 0.00 109.60
(I Distribution Gross Ammunt Work Orden AcHd Description
117 6 {f '.fir 10 052 165.69 ' ANNUAL - 06107 a FOR PREVENTIVE MAIh'TE1IA;CE AND
REPAIR OF MALL LANDSCAPE EQUIPMENT
PO 1.1 qu i dat ion Mount
117 - 69,5210 °052 165.69
Glain9 General Description
84.524 MSG SUPPLIC-
PO Stat Contrac0 Invoiced
2739
2740
GL Distribution
121,68 °2 i0
Invc Dt. Gross Amount Discount Ant Discount Used Net Amount
06/20/07 22537 0.00 223.97
06120/07 5.81 0.00 5.41
Gross Amount Mork Order# ActCd Description
231.38 .SOPPLIES,
W, .AP Accounts Payable Rele;sa 6.1.3 NIAPR700 Dy SANDRA A (SANDRA)
;',sty of Baldwin Park Aug 06, 2001 05;04prn stage 35
- ,ayr•,,er�t History, Sank AP Payrent [sates 00/0010000 to 99/99/9949 Check/ArHQ 's 164130 to 164317 Payment Type Check
1end0 Vendor Na!r Rerito Payee bank Gheckl Ghk Date Check Amount Sep
617 i1ARIPOSA HORTICULTURAL AP 164263 07/26/01 6-3,00 .00
;lairds G(moral Description
11,520 JUN -EXTRA WORK PUBTE /MERCED
POI 5tat Contract0 Invoiced Invc Dt Gross Amount Discount Amt Discount Used Net Amount
14366 0 ,8477 06/30/07 11690.00 0.00 1,640.00
GL Distribution Gross Arount Work Ordeal) Acted Description
121 -68 -5000 1,690.00 1 EA 1ANNUAL-FY06 /07' EXTRA WORE NOT COVERED BY GENERAL
LANDSCAPE CONTRACT
PO Liquidation Amount
i21 -68- -5000 1,690.00
Ghirs0 Gerieral Descr'iptian
84530 ,JUN -METRO LINE STA
POI Stat Contract0 Invoic0
Invc Dt
14A0 0 38421
06/30101
GL Distribution
Gras: Amount
117 -69 -5000 -052
0.00
121..62 -5000
808,33
PO Liquidation
Amount
12.1 °68 -5000
808333
Clai 4 iAneral Description
84531 JUNE- RAMONA, CITY WALL, WALNUT GRK, SADILLO
Gross hount Discount Ant Discount Used Net Amount
800.33 0.00 808.33
Work Order4 Acted Description
I EA 'ANNUAL-FY06 /071 LANDSCAPE MAINTENANCE Sk -RVICE AT
METROLINK S=TATION, PROP A PORTION
1 EA 5TREET 1- I60S S LANDSCAPE PORTION
POO Stat Contract? Invoice0 Invc Dt Gross Amount Discount Ant Discount Used Net AMDUiit
14367 O 38420 06/30/01 3,891.67 0,00 3,891.67
GL Distriirutiorl Gross Aiiiount Work OrderO Acted Description
12 1-68 -5000 0.00 1 EA 'ANNUAL- FY06 /07' CITY --WIDE LANDSCAPI t17� :lNTE1iAiJGE
SERVICE
110 -68- 5000-056 3,891.67 1 EA 63115 ROUTES AND'FREEWAY CRONTAGIS
PO Liyui (la tion Amount
110.48- 5000 -056 3,891.67
tre=nds; Vendor Name Reriit0 Payee bank Checkf Ghk Date Check Amotmt Sep
4063 i1i:T�0E.It1iS `;O CAL RHIONIAL RAIL AUT AP 164264 0712.6/07 11000.00
clain;i General Description
0453; HAY SERVICES
PO-11t St.at Coiltract� Invoicc0 Invc Dt Gross Amount Discount Ant Discount Used Net Amount
14178 0 6:132.2 07/21/07 1,000,00 0.00 1,000.00
Gt Distribution Gros, Amount Work OrderO Acted Description
118 -64- 000.056 1 1000.00 1 EA 'ANNUAL-FY 06107° GRAFFITI ADATEHENT `.;ERVICES
PO Li;ui4ation hount.
ii8 -64- 5000 -056 1,000.00
,,, ?,AP Accounts Payable Relea; >e: 5.1.3 N'APR700 by SANDRA A f`, :iA�iDRAI
City of 5i>Aldwir; Park Aug 06, 2007 05 ;04pin Page 36
I}ayment History. Bank AP Payr7ent Dates 00/00/0000 to 99/99/9999 Check /AC111's 164130 to 164317 Paymvt Type Check
Vr"ndl Vendor Name Ronit# Payee Bank Check# Chk Date Gheck ANOWAL SOP
4200 MITY -LITi, ING. AP 164265 07/26/07 21,756.28
';ltt) 'IN, General Erescr• i pt i on
34534 TABLES /CPAIR5
PO;i st"'1 Contract# Invaice0 Invc Dt Gross Anount Discount Amt Discount Used Net Anount
141€72 C IN- 463400' 06/30107 13,276.86 0.00 1;,276.06
GL Distribution Gross Amount Work Order0 Acted Description
100 -70- -5210 1,701.06 6 EA SWIi:TSET SERPENTINE TABLES
100 - 78-5210 60030 2 EA CART
.100 °70 -5409 11,375.00 175 EA HOST CHAIR
PO Liquidation Amount
1001•78 -5210 11901.06
100 -70 °5409 i1,375.00
Claim# General Description
04531 TABLES, CHAIRS, HISG SUPPLIES
P00 Stat Contr'act0 Invoice0 Invc Dt Gross Anount Discount Ant Discount Used Net Amount
14969 C IN °463400 06/30107 0,409.42 O JO 0,489.42
GL Distribution Gross Amount Work OrderO Acted Description
100 - 70.5210 5,259.48 175 EA SWIFTSET U -SHAPE CHAIR
100- 70-5409 3,229.94 MISCFLLANEDUS SUPPLIES FOR " ARG "
PO Liquidation Amount
100 70 5210 6,585,07
100 -70 -5409 4,044.00
Vendf Vendor Nare Remit# Payee Bank Checkb Ghk Date Check Amount Sep
603 NICNOLS LUMBER & HARDWARE AP 164266 07/26/07 250,57.
claim# General Description
0454[ SUPPLIES
PO# Shat ContractO Invoice0
Invc Dt
Gross Anount Discount Ant Discount Used Net
Amount
14499 0 654320
06/16/07
69.16 0.00
69.16
655045
06/20/07
119.05 0.00
519.05
GI.. Distribution
Grass Amount
Work Order# Acted Description
114 -61- 5210 -094
100.21
1 EA 'ANNUAL- FYO6 /07' SHALL TOOLS
& MAINKNANCE
EQUIPMENT (REPLACES PO #14151)
PO Liquidation
Anount
114 -61- 5210-094
100.21
Ch iml General Description
84590 SUPPLIES
PO# Stat Caritract0 Invoice# Invc Dt
14025 G 654702 06/19/07
h Distritution Gross Anount
100 -72 °5210 70.31
150 -00 -2154 0.00
PO Liquidation Anount
100--72 -5210 140.32
CCS,AP Accounts Payable Release 6.1.3 N'APR70D
Gross Amount. Discount Ant Discount Used Net Anount
70.31 030 70.31
Work Orderf Acted Description
1 EA 'ANNUAL- FY06 /07' SUPPLIES FOR REGREATIOti AND ADULT
& YOUTH SPORTS PROGRAMS, RECREATION SERVICES PORTION
1 EA TOURNAMENTS & REGISTRATIONS PORTION
By SANDRA A (SANDRA)
My of Baldwin Park Aug 06, 2007 05:04pm Page 37
)aymant History, Bank AP Payment Dates 00/00/0000 to 99/99/9999 Check /AC114`s 164130 to 164317 Payment Type Check
150 -00 -2154 69.23
Vr,nd4 Vendor Name Remit# Payee Bank Checks# Chk Date Check Argaunt Sep
136 01- fICEMAX CONTRACT INC. AP 164267 07/25/07 598,45
Claims General Description
84544 CRIAIRMAT
POt StM Contract4 Invoice4
G5�,499
GL Distribution
10 -0- 5409 -020
Claiml C,eneral Description
G'4'.146 SUPPLIES
Invc Dt Grass Amount Discount Asst Discount Used Net Anount
01/30/07 57.21 0.00 57.21
Gros: Amount Work Ordel ActCd Description
51.21 CRIAIRMAT
9O4 Stat Contractl Invoicel
Invc Dt
Gross Anount Discount Amt Discount. Used Net
Mount
14 14 C 505198
06/28/07
447.22 030
447.22
GL Distribution
Gross Amount
Work Orderl ActCd Description
129 54 5710 87;
447.22
1 EA 1ANMUAL- FY06/07' RIPLACEiiENT
FAX /INK GARtTRIDLES
ARID OFFICE SUPPLIES NOT AVAILABLE
THROUGH CENTRAL
"YOKES .
P0 Liquidation
129 -54- 5210.873
("laip;ro General Description
84547 ;UPPLIE5
Mount
447.22
PO4 Stoat rontract4 Invoicel Invc Dt Gross Amount Discount Amt Discount Used Net Amount
505198 0q n /01 94.02 0,00 94.02,
GL Distribution Gross Mount Work Order9 ActCd Description
129 54- 5210 -87,, 94.02 ;I. }r.IMES
Vondf Vendor ?dame Remit4 Payee Bank Checki Chk Date Check Amarsnt Sep
709 PACIFIC vRAMI S AP 164268 07126107 4,606.14
Clain) General Description
04550 POLICE r „iii DECALS
pr1' :tat Co,Itractb Invoice0 Invc Dt Gross Amount Discount Ant Discount Used
9200 06/28/07 4,606.14 0.U0
62, t,- tribution Gross Anount Work Orderd ActCd Description
M-50-5270 4,696,14 POLICE: DECALS
Net Amount,
4,686.11)
M ,AP Accounts Payable Release 6,1,3 P APR700 By SANDRA A (5ANDRA)
City of Baldwin Aug 06, 204,. 05.04pc, Page 33
f),,ayment Nistury. Bank AP Paysient gates 00/00/0000 to 99/99/9999 0eck /A011's 164130 to 164317 Payment Type Check
Windt Vendor N7,7mB Renfit6 Pgee Bank Check§ Chk Date Check Arrorrrrt Sep
2499 PACIFIC PRODUCTS AND SERVICES) AT, 164269 07/26/01 4,922,74
Glirirr§ General Description
84552 MI.. DUE .-SALES TY,
PO;1 SLM contract§ invoiccq
7249
GL Distribution
'114- 59-5220 -094
;laid§ C�rrEeral irescripilan
€,W553 SIGN POSTS
Invc Ot Gross Amount Discount Ant Discount Used Net Amount
06/11/07 203.74 0.00 203.14
Gras, Anount Work Order§ ActCd Description
203.74 HL DUE-SALES TX
PO4 Stilt fontract0 Invoice4
Invc Dt
Gross Amount Discount Ant Discount Used
Net Aflnunt
?4945 C 7249
06/11/07
4,719.00
0.00
4,119.00
GL Off: >lribution
Gross Ar.ount
{fork Order§ ActCd Description
100 - 24_5214
43.25
114 -59- 5210 -094
21332,00
100 EA 2" SQUARE 14
GAUGE X
10' SIGN POST
114 -59- !3;'10 -094
2,387.00
100 EA 2" SQUARE 14
GAUGE X
12' SIGN POaT
PO Liquidation
Amount
D REYNOW
100-15 -5214
27.50
114 -59 :210 °094
4,719.40
4536
L EIADSELL
131- 13-5210
Verrd§ Vendor Nacre
Remit§ Payee
Bank
Check§
CH Date Check Mount Sep
721 K.'TTY CASH
24.65
AP
164270
07/26/07 339.95
Glain§ General Description
84554 PI- PLENISH PETTY CASH
PO§ Staff. Contract§ Invoice§
Invc Dt
Grose Amount Discount Ant Discount Used Net Amount
0
07/25/07
339.95 0.00 33935
GL Distribution
Grass Arnount
Work Order§ Actfd De,criptiorr
100 -76 -52.10
12.71
11 KRNANDEZ
100 - 24_5214
43.25
J BARTOLOTTI
108 °72-5210°075
7.34
M PADILLA
108-72--'3210-075
16.62
J PADILLA
120 -43- 5330 --030
7.64
E OVIEDO
100 °2.5 °5210
50,00
D REYNOW
100-15 -5214
27.50
E' SEGURA
100 -21 -5330
4536
L EIADSELL
131- 13-5210
13.27
L LARA
100 -46 -5330
15.00
G LOGAN
101- 48-5210-025
24.65
V VALVERDE
100.25.5210
26,37
D NADSErf
100-29 -5210
27.40
V OLIVAS
100 °03 °!3210
9.95
R CLUTIERREZ
100 °03 -57.10
12.13
R GUTIERREZ
GS.AP Accounts Payable Release 6.1.3 NIAPR700 By SANDRA A (,,ANDRA)
:;ity of Dtaldiain Park Aug 06, 2001 G5: 0 1pm Page 39
};;yrlent History, Bank AP Payment Dates 00/00/0000 to 99/99 /9999 Check /ACH&'s 164130 to 164317 Paywrit Type Check
rlr;.iid& Vendor Nacre Remit& Payee Bank Checks Chk Date Check Arwnt Sep
7587 PR().J1 r;T SISTER AP 164271 07126101 2,2H.40
Glaiii& General Description
3455; JUN SERVICES
"lain0 General Description
04557 PH SY5TEiMS (ARC)
PO4 Str,1 Contract! Invoice8
A, 130
GL Di:tributioi'i
127 -57 -5000
Claiir,!
General Description
V1155H RISC REPAIRS
Invc Dt Gros; Anount Discount Ant. Discount Used Net Anount
06/21/07 7,679.50 Gm 7,679.50
Gross Amount Work Order& ActCd Description
7,679.50 PH SYSTEMS (ARC,)
PO! Stat Contract# lnvoicel Invc Dt Gross Amount Discount Ant Discount Used Net Anount
:,298 11/03/06 70.00 0,00 10.00
GL Distribution Gross Amount Work Order! ActCd Description
131 -13 -5260 70.00 IIISC SERVICE
Vend& Vendor Name Remit& Payee Bank Check& Chk Date Check Arrocrnt Sep
7229 ni,DEENER FOOD BANK AP 164274 07/26/07 2,378.62
Glaimf General Description
34559 JAN -MAY SFRV
PH Stet Caritract& Invoice! Invc Dt Gross Amount Discount Amt Discount Used Net Anount
14424 C 0 05/31/07 2,378.62 0,00 2 ,378.62
GL Distribution Gross Amount Work Order& ActCd Description
120-43-5050-165 2,37().62 1 EA IANNUAL °FY06/07' FOOD ASSISTANCE: PROGRAM
, AP Accovi)ts Payable Release 6.1.3 N'APR700 By SANDRA A (SANDRA)
PO! Stoat Contract4 Invoice!
Invc Dt
Gross Amount
Discount. Ant.
Discount Used
Net Anount
19429 C 0
06/30/07
2,290.48
0.00
2,290.40
C1 Distribution
Gross Amount
Work Order& ActCd
Description
20-43- 5050-182
2,290.48
1 EA gAHhiUAL-06/07
INTERVENTION PRDGRA(I FOR YI:STIiIS O
RAPE DR SEXUAL ASSAULT
PO Liquidatiorl
Anount
Idintl
Vendor More
Re,nit& Payne
Bank Checkt
Chk Date Check
Amount Sep
1177
RA..P11 VILLASHOR PAINTING
Ar" 164'1 72
01/26/01 1,000,00
'•.,laid)
Gcrler31 Description
34555
10(11AER CLEAN ILIV,IJOR
PO! St,1 Contract! Invcire&
InVG Dt
Gross Anount
Discount Ant
Discount Used
Net Amount
0
06/25/07
1,050,00
0,00
1,050.00
GL l i>tribution
Gross Airnunt.
Work Order! ActCd
Description
127 -57 -5040
1,050,00.
POWER CLEAN
ELEVATOR
Vend&
Vendor NaTe
Renitl.Payee
Bank Check
Chk Date Check
ApGvnt Sep
7726
REALTIHE C0111UNICATIO S
AP 164273
07126f07 7,749..50
"lain0 General Description
04557 PH SY5TEiMS (ARC)
PO4 Str,1 Contract! Invoice8
A, 130
GL Di:tributioi'i
127 -57 -5000
Claiir,!
General Description
V1155H RISC REPAIRS
Invc Dt Gros; Anount Discount Ant. Discount Used Net Anount
06/21/07 7,679.50 Gm 7,679.50
Gross Amount Work Order& ActCd Description
7,679.50 PH SYSTEMS (ARC,)
PO! Stat Contract# lnvoicel Invc Dt Gross Amount Discount Ant Discount Used Net Anount
:,298 11/03/06 70.00 0,00 10.00
GL Distribution Gross Amount Work Order! ActCd Description
131 -13 -5260 70.00 IIISC SERVICE
Vend& Vendor Name Remit& Payee Bank Check& Chk Date Check Arrocrnt Sep
7229 ni,DEENER FOOD BANK AP 164274 07/26/07 2,378.62
Glaimf General Description
34559 JAN -MAY SFRV
PH Stet Caritract& Invoice! Invc Dt Gross Amount Discount Amt Discount Used Net Anount
14424 C 0 05/31/07 2,378.62 0,00 2 ,378.62
GL Distribution Gross Amount Work Order& ActCd Description
120-43-5050-165 2,37().62 1 EA IANNUAL °FY06/07' FOOD ASSISTANCE: PROGRAM
, AP Accovi)ts Payable Release 6.1.3 N'APR700 By SANDRA A (SANDRA)
.ity of Baldid h Park Aug 06, 2007 05:04pm Page 40
payment History, Bank AP Payment Dates 00/00/0000 to 99/99/9999 Check/ACHO's 164130 to 164317 Payment Type Check
PO Liquidation Amount
120 -43 -5050 -165 2,378,62
Vend# Vendor Name Romit# Payee Bank Check# Chk Date Check Amount Sep
6640 RE PUGLIC ITS AP 164275 07126107 8,173.49
Clain# General Description
04509 JUNE TRAFFIC SIGNAL MAINT
PO& St,at Contract# Invoice#
Invc Dt
Gross Amount
Discount Amt Discount Used
Net Amount
14211 0
2510
07/06/07
1,595.75
0,00
1,595.75
607211
07/09/07
4,296.04
0.00
4,296.04
Remit# Payee
f)0?212
07/09/07
2,260,90
0;00
2,20030
GL Distribution
Gross Amount
Work Order& ActCd
Description
121 -56 -5000
0,173,49
1 EA 'ANNUAL -FY 06/07' ROUTINE AND EKTRAODINARY
MAINTENANCE FOR TRAFFIC SIGNALS AND STREET LIGHTS
THROUGHOUT THE CITY.
PO Liquidation
ArAount
121 56 °5000
0,173.49
Vend& Vendor Name
Remit& Payee
Bank Check&
Chk Date Check Am4vrit Sep
5068 SALAZAR CONSULTING
SERVICE, INC,
AP 164276
07126/07 . 2,100.00
0a im# General Description
24564 SRV THRU 6/11/07
PO# Sttat Contract& Invoice#
Invc Dt
Gross Amount Discount Ant Discount Used
Net Amount
1
06/13/07
2,100.00 0.00
2,190.00
GL Distribution
Gross Amount
Work Order& ActCd Description
118 -62- 5000-056
21100.00
RV THRU 6/11/07
Vend# Vendor Name
Remit# Payee
Bank Clreck&
Chk Date Check Amount Sep
3243 SC PROPERTY SERVICES, INC.
AP 164277
07/26/07 5,035,00
Claim& General Description
84562 JUNE GRAFFITI REMOVAL `;RV
PO,4 Stat Corrtract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount
14927 C 1 °609 06/26/07 2,645.00 0.00 2,645.00
GL Distribution Gross Amount Work Order& ActCd Description
17.0 64 5000 151 2.645,00 3 110 s ANNUAL FY 06107 1 DAILY INSPECTION AND GRAFFITI
ABATEMENT AT TEEN CENTER AND SKATE PARK
PO Liquidation
120 -64- 50011-151
Glaim& General Description
04563 JUN GRAFFITI REMOVAL
Amount
2,645.00
POG 5tat Corrtract# Invoico# Invc Dt Gross Amount Discount Amt Discount Used Net Amount
1iG02 0606/07 2,390.00 0.00 2,390.00
GL Distribution Gross Amount Work Order# ActCd Description
120 6 <3 -500G °151 2,390.0G JUN GRAFFITI SRV- BJARNES PARK
GCS.AP Accounts Payable Release 6.1.3 N'APR700 ' By SANDRA A (3ANDRA)
;ity of Park Aug 06, 2007 05,04ptl Pagc 41
)ayrent History. Barak AP Paywnt Dates 00 /00/0000 to 94/99/9099 Check /At'H4's 164130 to 164317 Payment Type Check
Vend9 Vendor Nave Rev "M Payee Bank Check( Ghk Date Check Amount Sep
1099 SMART 1s FINAL AP 104278 07/26/07 94.27
,lain:, General Description
0q5fJ5 SUPPLIES
1300 Stat contractf Invoiced
{0:11 450
GL Disc ributi011
T00 77 5210-620
,Iaim& ;enci'a Dos criAi�rri
04567 MSC SUPPLIES TEEN CENTER
Invc Dt Gross Amount Discount Ant Discount Used Net Amount
06127107 3135 030 3135
Gross Arrount Work OrderQ ActCd Description
31.9'.; SUPPLIES
PO;I 5iat contraC[A invoice8 Invc Dt Gross Amount Discount Ant Discount Used Net Ainount
111631 C 103465 06/21107 62.32 0.00 62.32
GL Distribution Gross Apnount Work, Order( ActCd Description
100 °76 5210 6232 1 EA 'ANNUAL- FY06 /07' SUPPLIES FOR TEEN CENTER PROGRAMS
AND ACTIVITIES
PO Liquidation Aniiount
100 - 76-5_'10 3 §4,62
V(iM Vendor Nam Renitl Payee Bank Chocki: Chk Date Check Amount Sep
7863 SOLTE TOOL REPAIR AP 164279 07/26101 9,136.6;
;laim� General Description
84561 011. METER DISPENSOR 7
PO;# Stat Gontracti Irwo4ce"d
Invc Dt
6ross Anod5t Discount Amt Discount Used
Net Amount
01:117
06/2"(./07
9,136.62 0.00
T,136.62.
GL Distribution
Gross Amount
Work Orders; ActCd Description
130-58 5210
1,136.62
OIL i1E:TER DISPE_NSOR
VCndf Vendor Nare
Remit& Payee
Bank Checkf
Chk Date Check Arwunt Sep.
1318 SPRINT
AP 164200
01126107 76.16
Claim4 General Description
04568 C1::t.L Pit SRV 0613421054 -2 $34.06 0613621982 -4 38.10 5/29/07 - 6/28/07
PH Stat Contracts# Invoice9
15130 O 1 0
Gk. Distribution
131 -14-- 5430 -0641
17.0 °43 -5124 -030
131 - 945430 064
PO Liquidation
131.14 -5430 -064
Invc Dt Gross Amount Discount Aort Discount Used Net Amount
06129107 76.16 0.00 76.16
Gross Amount Mck Orderd ActCd Description
0.00 'ANNUAL -FY 07/00' WIRELESS DATA CARDS
0.00 HOUSING PORTION OF DATA CARDS ( CDBG 1
76.16 PHONE USAGE FOR IT DEPT
Arpount
76.16
(,'CS,AP Accounts Payable Release 6.1.3 N'APR700 By SANDRA A (SANDRA)
,ity of Galdwin Park Aug 06, 2007 05:04Pm Page 42
)ayrarnt 1listory. Bank AP Payment Dates 00/00/0000 to 99/9919999 ChecklACli #'s 16=1130 to 164317 Payment Type Check
V rid# Vendor Nacre Remit# Payee Bank Check# Chk Date Check Mount Sep
791 Sr.1i1St1Il'iE GROWER AP 164261 07/26/07 291.73
;;l =tier# General Description
04569 NURSERY STOCK
POII Stet Contract# Invoice#
Invc Ot
Gross Amount Djsco{nt Amt Discount Used
Net Anoint
14952 0 22636
06/30/07
29 1,73 0.00
291.73
GL Distribution
Gross Amount
Work Orden ActCd Description
127 -ti$ -5210
291.7;
' ANNUAL - 06/07,1 ORDER t115CELLANEOUS SUPPLIES FOR
CENTER, TE[N CENTER, FAMILY
NURSERY.STOCK
`
SERVICE CENTER AND ARG
PG Liquidation
Amount
Amount
127 5g 'a;'10
291,73
21772,7.9
Vend# Vendor Nance
RemitO Payee
Bank Chock#
Chk mate Check AlRount Sep
2595 T11c, `NR[MRS
`,145 T0I1'S CLOTHING & UNIFORM), INC ,
AP 164262
07/26107 126.00
r,IaimO General Description
04515 DOCUitEttT 511REDDING
PO° Stat Centr<act# Invoice# Invc Ot Gross Anount Discount Art Discount Used Net Amount,
100135 06/30/07 12630 0.00 126.00
61, Distribution Gross Anount Work Order# AetCd Description
100-12 -5210 1211.00 DOCUHENT ;:11HREDOING
Vond# Vendor Na"me Remit& Payee Bank Checkii Chk Date Check Anount Sep
4829 TIll VERTICAL FACTORY AP 164263 07/26/01 2,772.29
1,Iirirr; General Description
0957€1 GLINDS•CO1111 CTRIFA,''i ',QV
. PO1 $tat forltractd Invoice,
Invc Dt
Gross Anount Discount AM Discount Used
Net An €iunt
IH0.> 0 070694
06/22/07
2,772,29 0,00
2,772.2s)
GL Dr stri4u1 On
Gross Mount
WMh, Order# ActCd Description
127 -57 -521€)
2,772,2.9.
4 E4A� BLINDS FOR COMMUNITY
CENTER, TE[N CENTER, FAMILY
`
SERVICE CENTER AND ARG
�ry
PV i.rTulda�ron
Amount
127 `7 1 "?10
21772,7.9
V(j,rM Vendor Name
Renit1l Payee
Bank Check#
Chk Date • Check ArAoiint Sep
`,145 T0I1'S CLOTHING & UNIFORM), INC ,
AP 164284
07126/07 20,57
claim# General Description
84570 R HARPE111°UNIFOR111 SUPPLM,:i
Pox St,-,t Contract# Invoice# Invc Dt Gross Account Discount Amt. Discount Used Not Amount
I,4o3 05/30/07 20,57 0.0� 20.57
GI_ Di3triirr €tiorl Cross Anount. Mork Order# AcHd Description
100 - 25-5214 20.57 1d HAWER
C;C`>.AP Accounts traya >le Release 6.1.3 NIAPR700 By SANDRA A (SANO%A)
'it.y OF Bxfllwin Park Aug 06, 2007 05:04pm Page 43
:)<,,yment History. Bank AP Payment Dates 00/04/0000 to 99/99/9959 Check /ACRD's 164130 to 160 i7 Payment Type Check
V(Andi Vendor flare Remit# Payee Bank Check# Chk Date Check AfRowit Sep
6700 TRf:I= °ARK EINT[E PRISES AP 164205 07/26/07 3,867.70
Clitim# General Description
34572 ,ARr,- FLYERS, PONCAROS, PROGRAfiIS
POI Stat Cont.rac0 InvoiceR
Invc Dt
Gross Amount
Discount Amt
Discount Used
Net Amount
1,761.11 0100
01'.1413
06/07/07
763.16
Work Order# ActCd Description
0.00
763.16
1,761.12
015414
06/12/07
676.03
0.00
370.03
PO Liquidation
015445
06/13/07
1,54738
114 -61 -52.10 -094
0.00
1,54732
015451
06/21/07
454.65
Chk Date Check AiRount Sep
0.00
454.65
AP 164286
015452
06129107
225.16
0.00
223.16
GL Diti.trihutiorr
Gross Amount
Work Order# ActCd
Description
100 -73 -5440
2,000,78
ARC - FLYRS,
POSTCARDS, PRG
100 74 5410
560.00
ARC- FLYRS,
POSTCARDS, PRG
100 -75- 5440
1,120.00
ARC - FLYRS,
POSTCARDS, PRO
100 76 °5440
187.00
ARC- FLYRS,
PRG, POSTCARDS
Vend# Vondor Name
Remit# Payee
Bank Check#
Chk Date Check Amount Sep
11334 TURTLEBOWL YOUTH
BOWLING PROGRAM
AP 164286
07126/07 5G.00
Claim# General Descr'ipt'ion
84573 JUN-SPORTS SCHOL.ARSLIIP
POI Slat Contract# Invoice4 Invc Dt Gross Amount Discount Amt Discount Used Not Amount
0 07/26/07 56.00 0.40 56.00
G1. Distribution Gross Amount Work Order# ActCd Description
124 -.43- 5050 -084 56.00 JUN SPORTS S41OLARSHIP
Vend# Vendor Name Remit# Payee Bank Check# Chk Date Check Amorsrrt Sep
4006 UNIQUE PAVING MATERIALS OF CALIFOR 1 UNIQUE PAVING MATERIALS OF CALIFO AP 164257 07/26/07 11761.12
Claim# General Description
04575 NISC HATERIALS-JUNE
PO4 Stat Contract# Invoice4
Invc Dt
Gross Amount Discount Amt Discount Used
Net Amount
14152 0 005477
07/06/07
1,761.11 0100
1,761.12
GL Distribution
Gross Amount
Work Order# ActCd Description
114 -61- 5210 -094
1,761.12
1 EA 411NUAL-FY 06/07' UPM
PERMANENT COLD PATH
MATERIALS
PO Liquidation
Amount.
114 -61 -52.10 -094
1,761.12
Vond# Vendor Name
Remit# Payee
Bank Check#
Chk Date Check AiRount Sep
3895 USA ALARM SYSTEMS, INC.
AP 164286
07126107 9,361.40
Claim# General Description
84574 SECURITV ALARM INSTALLATION (ARC)
P0O Stat Contract# Invoico4 Invc Dt
14660 0 7106 06/27/70
71639 06/29/01
Gt. Distribution Gross Amount
127 -57 °5000 . 9,363.00
GX ,AP Accounts Payable Release 6.13 N'APR700
Gros; Amount Discount Amt Discount Used Net Amount
3,970.00 0100 =,970.00
51391.00 0.00 51391.40
Work Order# ActCd Description
i EA INSTALLATION OF FIRE ALARM SYSTEM FOR SENIOR
By SANDRA A (SANDRA)
City of Mldrfin Park Aug 06, 2007 05:04pra Rage 44
ffayment History. Bank AP Payment dates 00/00/0000 to 99/99/9999 Check /ACH)'s 164130 to 164317 Payment Type Check
CENTER
PO Liquidation Amount
17,7'"[7- ;004 9,361.00
Vend) Vendor Name Remit& payee Bank ChOO Chk Date Check Arlrnint Sep
391 YERIZON CALIFORNIA AF- 1642119 07/26/07 424,72
Ir"laims General Description
84577 SRV -PAC 50 PR.1
POS %nl Contra€I Invoice0 Invc Dt Gross Amount Discount Ant Discount Used Net Arount
1 ",990 0 0 06/25/07 56,14 0.00 56.14
GL Distribution Gros,, Amount Work Order) ActCd Description
100 -25 --5430 5(.14 1 EA 'ANNUAL- FY06 107" WIRELESS ACCTA,
01- 1412" "1169750910-00
PO Liquidation
10012,5, - 5 430
.;laint General Description
04576 '?R.V-PAG 50 011412116975091;06
Amount
56.14
PN St.at Gontractw Invoicei Invc Dt Gros s AmouTit Miscount Ailt Discount Used Net Anotrril,
139,79 O 0 06/25/07 276.56 0.09 278.56
GL Dists,1bution Grass Arount Work Order) ActCd Description
100- 25 -54'% 2111,511 1 EA °ANNUAL FY061071 IIvlIRE:E-ESS ACGT
)01- 1412 - 11697504111-01;
90 Liquidation
100 25 '543('
Claim) General Description
84579 15RV PD 011412110167390706
Amount
276,56
Poll SU"', Contract0 lnvoice# Invc Dt Gross Amount Discount Afat Discount Used Net Amount
1`,1962 C 0 06/20/07 90.00 0,00 90.00
Gi- Di.,tri1}ution Grass Ar!.bunt Work OrderO ActCd Description
100 25 5430 90,00 1 EA *ANNUAL- FV06/07' KRE:LESS ACCT
001 - 1412 - 1101673907.06
PO Liquidation Amount
100 °iJ "'5430 66.15
V4:nd0 Vendor Name. Remit# Payee Bank Check) Chk Date Check AroGunit Sep
6212 VERIZOK 14IRELES5 AP 164290 07/26/07 407.43
C;lainO General Description
94560 SR'Y 5/22/07 - 6/21/07 A/C x070914792 -00001
PHI Stat Contract) Involce4 Invc Ot
1;8.3 C 0564668425 06121107
GL DIsilpib.rtion Gros_; Arount
129 -54- 5210-049 030
114 -59- 5210 -094 0.00
114 -59- 5210 091 0.00
114 - 615210 -094 0,00
10014-5210 0.00
r"C,S,AP Accounts Payable Release 6.1.3 N'APR700
Gross Amount Discount Amt Discount Used Net Ar? unt
407.43 0.00 407.43
Work Order) Actrd Description
1 EA 'A,'qX AL-FY06 /07' CEI -LULAR SERVICE, `.'YOU'D BASTE
ANALYST, CC 154
1 EA OPERATIONS SUPERVISOR, CC 54
1 EA 5R MAINTENANCE WORKER, GC 59
1 EA SR VIAINTENANCE WORKER, CC 61
1 EA SR MAINTENANCE WORKER, CC 113
By $ANDRA A (SANDRA)
;ity or B,;ldwir; Park Aug 06, 2007 05:04pia Page 45
:rqtiient History. Bank AP Payment Dates 00/0010000 to 49/99/9990 0ecklACH#'s 164130 to 164317 Paymont Type Check
10o-64.5210
0.00
1 EA SR MAINTENANCE WORKER, CC 64
121-65 -5210
107.43
1 EA SR MAINTENANCE WORKER, CC 65
121.66.15Z1G
.15030
1 EA SR MAINTENANCE WORKER, CC 66
121 -67 -5210
150.00
1 EA SR MAINTENANCE WORKER, CC 67
PO liquidation
Amount
06/07" FOR AUTO
17.1 °65 -5210
96.73
Amount
121- 66-52Y0
150.00
`i30 -a8 -5270
121 -67 -5210
150.00
07126/07 300.00
Vend# Vendor Name
Remit# Payee
Bank Check# Chk Date Check AfAmint Sep
338 WEST COVINA AUTO SODY INC.
5500 WOODCRE511' HIF00S
AP 164291 07/26/07 1,433.12
Clain# General Description
04561 'AUTO BODY REPAIR
PO4 Stat Contract& Invoice#
Invc Dt Cross Amount Discount Amt
Discount Used
Net Amount.
14983 0 752
06/20107 1,453.12
0.00
1,483.12
GL Distribution
Gross Ammunt Work Order'& Acted Dew,cription
130 - 58-52.70
1,483.12 ANNUAL-FY
06/07" FOR AUTO
BODY REPAIR AHD PAINT
PO Li(ujdation
Amount
Bank Check#
Chk Date Check Amount Sep
`i30 -a8 -5270
1,453,12.
AP 164245'
07126/07 300.00
€ond# Vendor Name
Reflit# Payee
Bank Check#
Ghk Date Check Aria €tnt Cep
5500 WOODCRE511' HIF00S
AP 164292
07126107 40.33
Claim# General Description
84502 UKIFORiI SUPPLIES D 11UERTA
Hl Stat Contract& Invoice& Invc Ot Gross Amount
`32390 02/05/07 40.33
CL Distribution Gross Amount Work Order9 Aci
140 25 52f4 40.33
(lend# Vendor Name Renitl Payee
047 Y-11110(7 .TALES
Glaiii# General Description
04 593 TIRES
Discount Art
Cd Description
SUPPLIES -1)
Discount Used Net Amount
0.00 40.33
IUERTA
Bark Check# Chk Irate Check Amount Sep
AP 164193 07126107 4,441.84
PH Stat {"oritr'act4 Invoice;l
Invc Dt Gross Amount Discount Ant
Discount Used
Net Amount,
077005
06/27/07 4,441,84
0.00
4,441.0(1
G1_ Dils'r ibutiOn
Gross Amount Work Order# Acted De cripticrE
130..50 -5210
4,441.04 TIRES
Vcndl Vendor Nam
Rerrit4 Payee
Bank Check#
Chk Date Check Amount Sep
9`1302 STrAIIDUST
AP 164245'
07126/07 300.00
C;laimi General Description
84594 E'IrRTAIN"IFN'T
POf Sakai (;ontr,,ct4 Invoicel Iim. Dt Cross Amount Discourrt Art Discount Used Net Anor.mt.
0 07/26/07 300,04 0.00 '00.00
GL Gross Amount Work Order& Acted Description
140-72- 5210 300,40 ENTERTAINMENT FOR GRAND CPENII)i; --ARC CTR
GC;:.AP Accounts Payable Release 6.1.3 10APR700 By SANDRA A (SANDRA)
City of BiIdsrin Park Aug 06, 2007 05:04pn Page 46
':),Ayrrent History. (sank AP Paynent Dates 00/00 /0000 to 99/49/9999 Check /ACHO's' 164130 to 164317 Payrent Type Check
Vend# Vendor Name Remit# Payee Bank Chock# Ghk Date Check A,,xoirit Sep
7:305 m 5YSTCNS INC. AP 1642911 07/26/07 166,079.71
("Iaim0 General Description
94595 CONST-J PiGNEIL SR GENT"ER
PO4 5tfat Contracti Invoiced
Invc Dt
Gross AnDUnt Discount Ant Discount Used
Net Anouit,
15260 C 12
07/19/07
168,979.75 0.00
168,879.71
GL Pistrihutior,
Gross Amount
Work Order# ActGd Description
125-53-5020 -604
1G9,is19.71
CONSTRUCTION OF THE JULIA
NcNEIL SENIOR CENTER ADOITION
AND RE110VATION PROJECT CIP
604
PO 1.iquidat1on
Amount
12'; c3- 10020-604
168,870'.71
*'nd# Vendor Nacre
Remit# Payee
Bank Check#
Chk Date Check Arac�rit Sep
7305 C!). ":: CYST EtJS INC.
AP 1642991
07/26/07 43, 757.91
Claini General Description
54601 GA'.. -CORST JULIA 11CNEIL SR CFNTER EXPANSION
POI Stat 011tracts Invoirel Invc Dt Gross Amount Discount Amt Discount Used Net Amount,
14F08 C 0 07/12/47 43,757.91 0.00 43,757. 191
GL Distribution Gross Anoint Work Order# ActCd Description
120 -53- 5020 -604 7,11239 1 EA CONSTRUCT THE JULIA IICNEIL SENIOR CENTER EXPANSION
AND RENOVATION, CIP 604, CDBG PORTION
125 -53 -5020 -604 36,64532 1 EA BUILDING RESERVE PORTION
PO Liquidation Amount
120 °53-5020-604 0100
125-53-5020.604 407,e26,09
Vond7 Vendor Name Remito Payee
5250 MICHAEL TAYLOR
Claims General Description
84600 EDUCATION REIh1B (JUN)::)
Bank Check# Chk Date Check Amount Sep
AP 164300 07/26/07 963.85
POI Stat Cantracts Invoices Invc Dt Gross Amount Discount Amt Discount Used Net Amount
4 06/30/07 %3.05 0.00 96335
01. Distribution Gross Amount Work Or *der# ActCd Description
100 Z5 5345
-963.05 JUNE EDUGATION REI11B
Vcsnd# Vendor Name Remits Payee Bank Checks Chk Date Check Amount, Sep
8554 BALDWIN PART; FAMILY HOUSING LIHITE AP 164302' 07/30/07 701.00
C)ain# General Description
04602 LUZ ARREDONDO 8/01 - 8/31/2007
POI Stat Contracts Invoices Invc Ot Gross Amount Discount Amt Discount Used Net Amount
45024 0 0 07/30/07 701.00 0.00 701.00
GL Dis=tribution Gross Amount Work Order# ActCd Description
12Z -43- 5030 -081 701.00 . 1 ANNUAL 1-Y 07100 1 TENANT BASED RENTAL A75ISTANCE LUZ
ARREDON00 CLIENT s 009048
PO Liquidation Amount
122 - 43--1030 -081 701.00'
CCS.AP Accounts Payable Release G.t,3 NIAPR700
By SANDRA A (SANDRA)
City of Baldwin Park Aug 06, 2007 05;04pm Page 48
aaynent History. Bank AP Payment Dates 00/00/0000 to 99/99/9999 Check /AC11T's 164130 to 164317 Payment Type Check
Vendl Vendor Nar;e Remit4 Payee Bank Check& Chk Date Check Amount Sep
13554 BALD WIN PARK FAMILY HOUSING LIMITS AP 164303 07/30/07 7 ",7.00 V
rlairr0 General Descriptir�n
8403 JOSE MAYA i 6254 0/1 - 13/31/2007
PDO Stat Contrac0 Invoice&
Invc Ot
Gross Anount Discount Amt
Discount Used
Net Amount
15020 0 0
07/30/07
732.00
0.00
732.00
GL Distribution
Gross Arount
Work Order# -Acted Description
592.00
i ANNUAL FY 07108 ° TENANT
122-0-5030-OBI
7 112.00
' ANNUAL FY
07/08 ' XNANT
BASED RENTAL ASSISTArt10E JOSE
PO L1quidat.iorl
Anount
MAYA CLIENT
& 006254
+,,_;t3..5J:i0"091
II.L
PO Liquidation
Amount
Vends Vendor Na,,e
Renit'i Payee
1274:3 °`;OxO 009
732.00
8712 WAL1G
AP 164305
Ve.nH Vendor Hare RenitO Payee
Bank Checki
Chk Date Check Anount Sep
8554 BALDWIN PARK FAMILY 110USING LIIIITE
AP 164304
07/30/07 59230 Y
Glair& General Description
04604 11ARIA DIAZ O 006177 8/1 ° 8131['007
POO SIV7,1 Contract0 Invoice&
Invc Dt
Gross Anount Discount Amt Discount Used
Net Amount
15022 O 0
07/30/07
592.00 0.00
592.00
GL Distribution
Grow; Anount
Work Order& Actfd Description
Gross ftount
122 -43- 50:0-081
592.00
i ANNUAL FY 07108 ° TENANT
BASED RENTAL. ASSISTANCE
1,258.40
` ANNUAL FY
11ARIA DIAZ CLIENT & 006177
BASED RENTAL. A55It;TAIICE RAUL
PO L1quidat.iorl
Anount
TORRES CLIENT 1 006506
+,,_;t3..5J:i0"091
II.L
592.00
Vends Vendor Na,,e
Renit'i Payee
Bank Check!:
Chk Date Check Aa0unt Sep
8712 WAL1G
AP 164305
07/30/07 1,250.00
000 General Description
04605 RIAUL TORRES & 006506 8/1 - 8/31/1'007
PH Stat Contract& invoice#
Invc Dt
Gross Amount Discount Amt
Discount Used
Net Anount
11019 D 0
0W)0107
1,256.00
0.00
1,2.58.00
GL Distr•ib,utWs
Gross ftount
Work Orders AcVd Description
1't.2 43 -5030 081
1,258.40
` ANNUAL FY
07/08 ' TENANT
BASED RENTAL. A55It;TAIICE RAUL
TORRES CLIENT 1 006506
PO Liquidation
Amount
122 -4:1 °50'30.001
1,250.00
Vc:ndi Vendor Nap,�e
Remit& Payee
Bank Checkl
Chk Date Check Argoltnt Sep
0579 CHFOK S YOUNG
AP 164306
07/30/07 1,312.00
Clain& Goner•al Description
84606 CORINA ROBLES 8/1 - 81131/2007
POs} Stat Cvntracta Invoice& Invc Dt Gross, Amount Discount Ant. Discount Used Net Amount
•3'11023 0 0 07/.,0/07 11312.00 0.00 1,312.00
Gt. Oi�:trihutiorl Gross Anount Work Order,! Act.Cd Description
122-43- 50'10-001 1,312.00 ` ANNUAL FY 07/08 ° TENANT BASED RENTAL A51SiSTANCE
CORINA ROBLES CLIENT & 006019
PO Liquidation Amount
{,CS,AR (Accounts, Payahla Release 6.1.3 1WR700 By SANDRA A (SANDRA)
tty oi` Bald -wr€ Park Aug 06, 2007 05:04prr P.Age 49
'ayment History. Bank AE Payne nt Date: 00/0010030 to 99/99/9959 Check /ACHVs 1641130 to 164317 Payrent Type Check
4221 °4 5G3G "081 1, 3'112. 00
VGrids Vendor Name Renit# Payee Bank Checks Chk Date Check Amount Sep
8596 G:M..K I ROJO F MARGARITA ROJO AP 164307 07/30/07 1,270.00
'stains General Description
84607 SARA RAMOS 8/1 - 9/31/'2007
POQ Stat Contract# Invoice;# Invc Dt Gross Amount Discount Ant Discount Used Net Amount
6012 0 0 07/30/07 1,270.00 0.00 1,270.00
GL Distribution Grass Amount Work Order# ActCd Description
4221-43- 5030.091 1,270.00 1 ANNUAL-FY 07/D8 1 TENANT BASGO RENTAL ASSISTANCE SARA
RAMOS CLIENT 3 006040
PO Liquidation Amount
12Z�43-50: >0�093 1,270.00 •
VGndo Vendor Nacre Remit# Payee bank Check# Chk Date Cheek Ariount Sep
8996 LAi1RY PIRATT AP 164309 07130107 1,566.00
;lairs# General Description
84639 MAZY CARDOZA 7/1 - 9/311201117
POs Stat Contract# Invoices Invc Dt Gross Amount Discount Ant Discount Used Net Arirount
45229 0 0 07/30/07 1,566.00 0,00 41566.06
GL Distribution Grass AE;,ount Work Order# ActC,d Descriptiarl
122 -43 5030 081 1,566.00 *ANNUAL -FY 07108' MONTHLY RENTAL ASSISTANi,F. FOR HAP
PAYMENTS FOR MARY CARDOZA
PO E. i qa i dat iGl€ Amount
12L 43 ;O3G 081 1,566.00
verifl Vendor Nare Remit# Payee Bank Checks Chk Date Check Arknunt Sep
5713 LUCILLE L FULMEP AF 164309 07/30/07 1,478.00
rs General Description
04609 1,4ARY LOU LSCUTIA # 005950 0/1 - 0131107
POs Stat Contracts Invoices
Invc Ot
Gross Amount Discour €t. Ant
Discount Used
Net Arouni,
I'Iffl 1 0 0
07/30/07
1,479.00
0.00
1,47930
GL Diatrilsution
Gross Amount
Work Order# ActCd Description
122 -43- 5030 °081
1,479.00
1 ANNUAL FY
07/09 1
TENANT
BASF0 RENTAL ASSISTAKE MARY
LOU ESCUTIA
CLIENT
Q 005960
110 Liquidation
Amount
122 43 X030 051
1,478.00
Vonds Vendor **arts
Remits Payee
Bank
Checks
Chk Date Check Artrrunt Sep
267 COURT TRUSTEE
AP
1643111
00/02/07 50.00
';.la i rls General Description
94615 lf'5YO671127 J.L ANDRADE PP i 16 -- P /E, 7/20/07
PO'# ;it; t C07ftraC.0 Invoice# Ir €VC Dt Srd33 Amount Discount Alit Discount Used Net ,'rouii•
0
03/02. /G7 5030 0.00 50,00
GL Di:tributior€ Gross Ar€ount Work Order# ActCd Description
106 Q0 2231 50,00 sBY0671127 J L 0WRADF PPI16 .. PE,7/28/7
", S.AP Accounts Payable Release 6.11.3 NIAPR700 By SANDRA A (SAt1DRA)
ity of D;SldFrin Park Aug 06, 2007 05:04pr1 Page 50
: }ayr,ent History, Dank AP Paynent Dates 00/00/0000 to 49/99/9999 Check/ACM's 164130 to 164317 Payment Type Check
Vond# Vendor Nave RenitO Payee Dank Che M Chk Date Check Anount Sep
195 P.f .i's.S, ATTN: HEALTH BENi:i-IT5 AP 164312 02/02/07 114,5 ?.3,00
I'llaiml General Description
84618 4 112007080595000 PP P. 14 & PP # 15
PO, Stat Contract# Invoice# Invc Dt Grows Anount Discount Art Discount Used Net Amount
Ei <00f0i10595000 08101107 114,523,00 0.00 114,523,00
GL Distril}ution Cross Amount Work Orderi) ActCd Description
t00 °00 -2204 174.90 #H2O07080545000 FOR PP 0 14 & PP 1 15
140- 00-2w104 110,241.13
100-00 -2-211 3, 561.30
100 81 5110 545.37
Vend# Vendor harm Ronit# Payee Bank Check§ Chk Date Check Anount Sep
3472 lit:IlliF'S DEPT L.A. CO., SHERIFF'S AP 164313 08/02/07 200.00
Claltit General Desorption
84614 , RCC1071147 DRALIA A ACURCIA PP # 16 P /E; 7/20/01
PO Otat Contract§ Invoice#
Invc Dt
Gross Anourst Discount Ant
D1SCUllnt UMed . f1et. A1lorrlrt
0
08/02/07
200.00
0.00 200,00
CL Distribution
Cross Amount
Work Order# ActCd Description
100 -00- 2231
2001 00
#RCCI074147
0. AGURCIA PP§16 P /E: 7/2817
V(:.nd# Vendor have
RerM Payee
Bank Check#
Dank Check# Chk Date Check Amount Sep
8866 S €IRRAIFF'S DEPT LOS ANGELES COUNTY
AP 164315
AP 164314 08102107 121.54
GlaimQ General Description
84613 MME # 05S02184 RICO RIVERA PP # 16- P/E7/28/07
P0,I Stoat Contractx Invoice#
Invr, Dt
Gross Amount Discount Ant Discount Used
Net Anount
0
08/02/07
121.54 0,00
421.54
GI- Distr•il)ution
Gross Anount
Work Order§ ActCd Description
100 -00 -2231
121.54
# 06502104 R.RIVERA PP # 16
P /E: 7/20/07
Vcnd# Vendor Nane
Remit# Payee
Bank Check#
Chk Date Check Anount Sep
8603 STATE DISDURSEHENT GDO020433
AP 164315
08/02/07 466.00
Gl.timt General Description
64617 #GD0020433 A.LOPEZ PP # 16 - P /E: 7/28/07
PH Stat Contract§ Invoice# Invc Dt Grass Anount Discount Amt Discount Used Net Amount
0 08102107 466.00 0.00 466.00
6L Distribution Gross Amount Work Order# ActCd Description
100 -00 -2231 466.00 #GD0020 M A LOPEZ PP # 16 -P /E: 7/28/07
GCy.AP Accounts Payable Release 6.1.3 N'APR700 Py SANDRA A (SANDRA)
,ity of Baldwin Park. Aug 46, 2007 05:04pxi Page 51
)ayment History. Bank AP Payment pates 00/00/0000 to 99/99/9999 Check /AWl's 1641,0 to 164317 Payment Type Check
V(,nd# vendor Name Remit# Payee Bank Check# Chk Date Check ATAottrit Sep
186 STATE OF CALIFORNIA Eh1Pi_OYi1EN'r DEV AP 164316 -08102107 19,990.16
Maim# General Description
04612 STATE TAX DEPOSIT PP # 16 PIE; 7128107 11THLY,SEHI MTHLY & BI -WKLY
CC .AP Accounts Payable Release 6.1.3 NIAPR700 By SANDRA A (SANDRA)
PO# Stat Contract# Invoice#
Invc Pt
Gross Amount
Discount Amt
Discount Used
Net Amount
0
OR/02/07
19,990.16
0.00
19,990.16
GL Distribution
Gross Amount
Work Order# ActCd
Description
100 °00 °2221
548.14
PP # 16 PIE:
7 /28 /27(MO,5Eh1I
110 & BI -WKL.
10010 -2221
2636
100-00-222t
19,415.16
V(-M#
Vendor Name
Remit# Payee
Bank Check# Chk Date Check Amount Sep
999
STATE OF CALIFORNIA FRANCHISE
TAX
AP 164317 08/42/07 68.0G
"la inb
General Description
04616
4 5474991137 A. LOPEZ PP # 16 -
PIE, 7/20/07
PO# Stat Contractl Invoice0
Invc Dt
Gross Amount
Discount Ant
Discount Used
Net Amount
4
08/02107
60.06
0.00
68.06
GL Distribution
Gross Amount
Nork Order# ActCd
Description
100-00- 27.31
68.06
#547499187 A.
LOPEZ PP 0 16
- PIE:7 /29/7
CC .AP Accounts Payable Release 6.1.3 NIAPR700 By SANDRA A (SANDRA)
;ity of i.3��lduiri Park Aug 06, 2007 05:04pm Pa�,Te 52
y -ent history. Bank AP Payment Dates 00/00/0000 to 99/99/9999 Check /ACH#'s 164130 to 164317 Paynent Typo Check
.. ... ........ .. ...._.. -- - - -
Gtal P1 }i''dicnt3:
Foment Count 160
:qm' nt Total 1,040,201,07
Io Liquidation Total 911,264.15
ackup Wit.hhold4ig Total 0.00
loid Checks,
;:iygr,� F,�,4lnt 1
"hock Total 3,000.00
)0 t.iqui(MtW Total Loo
;?Adc,up Withholding Total 0.00
;G...A, ,accounts Payable Release 6.1.3 VAPR700 By SANDRA A (SAP1liM
----------------- - - - -- - -----------------------------------------
Blank Pages Purposely Omitted: Non— issued "VOID "checks:
'aid Checks:
28,47 164135
,fleck Wunt
160
164186
. „eck Total
1,040,201,01
164191
:0 L. quid.tioR Total
911,269.1'.;
164205 — 164223
';;xNp 10thholding Total
0.00
164294
164296
'aid by ACh:
164298
;Ch Gount
0
164301
',,:H Total
0.00
164310
:ri Liquidation, Total
E00
;, kup ,4ithholding Total
0.00
Gtal P1 }i''dicnt3:
Foment Count 160
:qm' nt Total 1,040,201,07
Io Liquidation Total 911,264.15
ackup Wit.hhold4ig Total 0.00
loid Checks,
;:iygr,� F,�,4lnt 1
"hock Total 3,000.00
)0 t.iqui(MtW Total Loo
;?Adc,up Withholding Total 0.00
;G...A, ,accounts Payable Release 6.1.3 VAPR700 By SANDRA A (SAP1liM
CITY COUNCIL AGENDA
AUG 15 2007
CITY OF BALDWIN PARK SapA
11
BALDWIN
I,1A.R•K
TO: Honorable Mayor & Members of the City Council
FROM: Vijay Singhal, Chief Executive Officer
DATE: August 15, 2007
SUBJECT: Proposed Recognitions by the Mayor and City Council for the period
of August 15, 2007 -- September 18, 2007
PURPOSE
The purpose of this report is to seek approval of the City Council of requests for
plaques, proclamations and certificates; and to recap approved emergency requests.
REQUESTS/RECAP
As of August 15, 2007 the following requests were received for the period of August 15,
2007 — September 18, 2007:
Requested By
List of Honorees
Time /Date /Place of
Presentation
Date Needed
The National
September 24, 2007 as
To Be Mailed
Proclamation
Center on
Family Day — A Day to Eat
6:15 p.m., August 6,
08 -15 -07
Addiction and
Dinner with Your
2007, City of Irwindale
08 -06 -07
Substance Abuse
Children TM
City Hall
CASA)
Glendora Mayor Pro Tem
6:45 p.m. /August 9,
Plaque
The following emergency requests for plaques and certificates were approved by the
Chief Executive Officer and were ordered and/or prepared:
Time/Date/Place of
Date Needed
Requested By
List of Honorees
Presentation
Mayor Pro Tern
City of Irwindale 50i
6:15 p.m., August 6,
Plaque
Marlen Garcia
Anniversary Celebration
2007, City of Irwindale
08 -06 -07
City Hall
Mayor Lozano
Glendora Mayor Pro Tem
6:45 p.m. /August 9,
Plaque
Karen Davis
2007 /Concerts in the
08 -09 -07
Park
Mayor Lozano
Forever Young Adult Day
10:00 a.m. /August 10,
Certificate
Care Center
2007/Forever Young
08 -09 -07
Adult Day Care Center
Proposed Recognitions
August 15, 2007
Page 2
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques and certificates.
Prepared By: Laura Nieto, Deputy City Clerk
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
CITY COUNCIL AGENDA
AUG 15 2007
me
WEDNESDAY, Atyaw 01
6:00 p.m. COUNCIL
CHAMBER
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor/Chair
David J. Olivas, Mayor Pro TemNice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco
Council Members /Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of
Baldwin Park met in SPECIAL SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Council Member/Member Bejarano, Council Member/Member
Olivas, Council Member/Member Pacheco, Mayor Pro TemNice
Chair Garcia, Mayor/Chair Lozano.
Absent: None.
Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City
Attorney, Susan Rubio, City Clerk.
PUBLIC COMMUNICATIONS
NONE
ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSION
1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957)
Title: Community Development Manager
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC
§54956.9(a))
Name of Case: National Day Laborer Organizing Network v. City of Baldwin
Park
Case Number: CV 07 -4135 JSL (MANx)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Properties:
California Dream Homes Llc
4213 Bogart Ave
Page 1 of 4
Lissette Sandoval
4223 Bogart Ave
Griselda Banuelos
4227 Bogart Ave
Victor & Cecilia Ortiz
4235 Bogart Ave
Agnes V Agra
4237 Bogart Ave
Manuel & Irene Escobedo
4243 Bogart Ave
Loera
4249 Bogart Ave
Maria E Burgos
14530 Clark St
Luis & Irma Delgado
4156 Bogart Ave
Juan M & Guadalupe Gutierrez
4134 Bogart Ave
Joaquin A & Eleuteria Martinez
4130 Bogart Ave
Jose L Castaneda
4126 Bogart Ave
Wallis C & Jolene Hannah
4118 Bogart Ave
Elizabeth B Cummins
4139 Downing Ave
Sonia Lopez
4129 Downing Ave
Eladio J Velazquez
4123 Downing Ave
Jose & Mariana Sanchez
4109 Downing Ave
Raymond E & Monica Alber
4113 Downing Ave
Refugio Baca
14618 Clark St
Benjamin & Helene Stovitz 1 Stovitz Family Trust
14606 Clark St
Ismael Gallegos
4212 Bogart Ave
Vidal & Gilbert Ramirez
14626 Clark St
Atanacio B & Reina Gonzales
4243 Downing Ave
Edwin L & Margaret Williams
4239 Downing Ave
Pedro lbarra
4142 Downing Ave
Rafael & Maria Verduzco
4148 Downing Ave
Sage 2 of 4
Maria J Gonzalez
4214 Downing Ave
Gloria Abasta
4218 Downing Ave
Joe Y & Maria Ikari
4230 Downing Ave
Teresa Hermosillo
4236 Downing Ave
Jose A & Maria Jimenez
4242 Downing Ave
Louise V Sagade
14714 Clark St
Severo & Liboria Hernandez
4228 Downing Ave
Benito Santos
4145 Alderson Ave
Ralph G & Alice Baca
4227 Alderson Ave
Mary H Valencia
4137 Puente Ave
Sumikat Dejesus
4217 Park PI
Jesus G Llamas
4229 Park PI
Juan J Curiel
4232 Park PI
Fernando Robles
4226 Park PI
Rivas
4218 Park PI
Jose & Irma Munoz
4219 Bogart Ave
Bobette M Wright
14445 Palmrose Ave
Melba & Glen Johnson
14405 Palmrose Ave
Rosie Leon
14451 Palmrose Ave
Jose Raygoza
4140 Bogart Ave
Salvador & Eva Cordova
4232 Bogart Ave
Refugio I & Maria Soria
4228 Bogart Ave
Refugio Baca
4227 Downing Ave
Josephine Zavala
4203 Downing Ave
Luis Moya
4147 Downing Ave
Page 3 of 4
Lydia Gallegos
4134 Downing Ave
Manuel L & Hermilia Mota
15010 Ramona Blvd
Park Ramona Inc
14825 Ramona Blvd
Narendra & Usha Gupta
4143 Maine Ave
Narendra & Usha Gupta
4149 Maine Ave
Negotiators: Vijay Singhal, Stephanie Scher and Joe Pannone
Negotiating Party: Bisno Development Co., LLC
Under Negotiation: Price & Terms of Conveyance of property
4. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6)
Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler
and
other representatives as designated
Employee Organizations: SEIU, Clerical; Professional and Technical
Employees; Police Management Employees; Confidential Employees; Baldwin
Park Police Officer's Association and General Management Employees
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
City Attorney Scher reported that the Council met in closed session to discuss
the Public Employee appointment and direction was given; the Council met with its
Real Property Negotiators and direction was given. Conference with Labor
Negotiator was continued to the end of the regular meeting.
ADJOURNMENT
There being no other matters for discussion, the meeting was adjourned at 10 :00
p.m.
Approved as presented by the Council /Commission at their meetings held August
15, 2007.
Laura M. Nieto
Deputy City Clerk
Page 4 of 4
CITY OF BALDWIN PARK
CITY COUNCIL
MINUTES
WEDNESDAY, AUGUST 01,
2007
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the
above time and place.
CALL TO ORDER
ROLL CALL
Present: Council Member Bejarano, Council Member Olivas, Council
Member Pacheco, Mayor Pro Tern Garcia, Mayor Lozano.
Absent: None.
Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City
Attorney, Manuel Carrillo Jr., Director of Recreation & Community
Services, William Galvez, Public Works Director, Chief Lopez,
Marie Contreras, City Treasurer, Susan Rubio, City Clerk,
Rosemary Gutierrez, Chief Deputy City Clerk, Rosemary M.
Gutierrez, Chief Deputy Clty Clerk.
INVOCATION
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS
Mayor Lozano adjourned in memory of Melissa Del Salgado, senior participant
who tragically died during a recent outing, and expressed condolences to the
family. Staff was directed to send a letter of condolence.
Council Member Pacheco thanked staff for the outstanding coordination of the
ARC grand opening event. City Clerk Rubio also commended staff.
Council Member Olivas announced that the Smithsonian had agreed to
showcase an art exhibit which will be arriving the first week of September.
Mayor Lozano acknowledged BPUSD Board Member Bejarano & Upper San
Gabriel Valley Water Board Member Contreras.
Page 1 of 6
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
NONE
PUBLIC COMMUNICATIONS
Alfonso Contreras, resident, addressed the Council on Item #14 and requested
report before the Council voted on the matter.
Anthony Bejarano, resident, requested that the City Council address an issue
regarding storage bins sited at the restaurant on La Rica. Mr. Bejarano submitted
photos for Council review.
City Planner Harbin stated that a CUP had been issueded to owner. Property is
zoned R -1; as a condition of approval, the storage containers are required to be
removed.
It was further explained that the conditional use permit runs with the property.
City Attorney Scher explained the process noting that the property owner must
approve the conditions of approval or the tenant would not be able to operate a
business unless the conditions are accepted.
Because this matter was not on the agenda, the Council could not take action
other than to request that it be agendized and exercise options at a later time.
James Park, business owner, spoke regarding the passage of Ordinance 1302.
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Council Member Olivas, seconded by Mayor Lozano.
1. WARRANTS AND DEMANDS
City Council received and filed the report.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR
THE PERIOD AUGUST 1, 2407 - AUGUST 14, 2007
City Council approved the preparation and presentation of the plaques and
certificates as outlined in the staff report.
3. MINUTES
City Council approved the minutes of the July 18, 2007 meeting (Special).
4. CLAIM REJECTIONS
City Council rejected the claims of Yiang Chuang (7.15.07) and Juanita Garner
(6.26.07) and directed staff to send the appropriate notices to the claimants.
Page 2 of 6
5. CONTRACT RENEWAL BETWEEN BALDWIN PARK UNIFIED SCHOOL
DISTRICT POLICE DEPARTMENT AND BALDWIN PARK POLICE
DEPARTMENT FOR JAIL SERVICES
City Council approved the Agreement between the City of Baldwin Park and the
Baldwin Park Unified School District Police Department and authorized the
Mayor to execute the Agreement.
6. APPROVAL OF ANEW AGREEMENT WITH DAVID BASS,
CONTRACTOR .
City Council approved the proposed Agreement with David A. Bass, an
individual Contractor in an amount not to exceed $35,000, and authorized the
Mayor to execute the Agreement
SET MATTERS - PUBLIC HEARINGS
7, PUBLIC HEARING TO ADOPT A RESOLUTION AND THE CITY'S 2007
CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION
REPORT
City Planner Habin presented the report. Mayor Lozano opened the public
hearing for those wishing to speak in favor or oppositon. Seeing no interest, the
public hearing was closed.
Coucilmember Olivas inquired about an ordinance adopted in 1991. City
Planner Harbin responded that the ordinance related to commercial properties.
Motion: waive further reading, read by title only and adopt Resolution No. 2007-
034 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH THE
CALIFORNIA GOVERNMENT COE SECTION 65089 ".
Moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia.
8. PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY
ORDINANCE EXTENDING THE EXISTING MORATORIUM ON THE
ESTABLISHMENT OF MEDICINAL MARIJUANA DISPENSARIES (URGENCY
ORDINANCE)
City Planner Harbin presented the report. Mayor Lozano opened the public
hearing for those wishing to speak in favor or opposition. Seeing no interest,
the public hearing was closed.
Motion: adopt Attachment #1 entitled, "REPORT OF MEASURES TAKEN TO
ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF
ORDINANCE 1305" and waive further reading, read by title only and adopt on
urgency Ordinance No. 1307 entitled, "AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING A
MORATORIUM ON THE ESTABLISHMENT OF MEDICINAL MARIJUANA
Page 3 of 6
DISPENSARIES WITHIN THE CITY OF BALDWIN PARK ".
Moved by Council Member Olivas, seconded by Council Member Bejarano.
9. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE BALDWIN
PARK MUNICIPAL CODE SECTIONS 153.315 THROUGH 153.316.5 WHICH
WOULD MODIFY THE REDEVELOPMENT PROJECT AREA OVERLAY
(RDAO) CRITERIA TO ALLOW REDEVELOPMENT RELATED OFFICE USES
City Planner Harbin presented the report. Mayor Lozano opened the pubiic
hearing for those wishing to speak in favor or opposition. Seeing no interest,
the public hearing was closed.
Councilmember Olivas inquired about the validity and verbiage of the
ordinance and if whether or not other businesses could conceivably locate
within the targeted zones. City Attorney Scher responded that the ordinace as
written met the Council's goals of certain uses.
Motion: waive further reading, read by title only and adopt Resolution No. 2007-
039 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO
THE ZONING CODE RELATING TO THE REDEVELOPMENT PROJECT
AREA OVERLAY; LOCATION: CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PLAN AREA AND SUB -AREAS 2 & 3 OF THE SIERRA
VISTA REDEVELOPMENT PROJECT AREA OF THE BALDWIN PARK
REDEVELOPMENT PLAN; CASE NO.: AZC- 156MOD; APPLICANT: CITY OF
BALDWIN PARK AND BISNO DEVELOPMENT" and waive further reading,
read by title only and introduce for first reading Ordinance No. 1306 entitled,
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
SECTION 153.316 OF THE BALDWIN PARK MUNICIPAL CODE RELATING
TO USES WITHIN THE REDEVELOPMENT OVERLAY; LOCATION:
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN AREA AND SUB-
AREAS 2 &3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA
OF THE BALDWIN PARK REDEVELOPMENT PLAN; CASE NO.: AZC-
156MOD; APPLICANT: CITY OF BALDWIN PARK AND BISNO
DEVELOPMENT ".
Moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia.
10. PUBLIC HEARING CONFIRMING THE CONTINUED MAINTENANCE AND
IMPROVEMENTS OF THE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT FOR FY 2007 -08 AND ORDERING THE LEVY AND COLLECTION
OF ASSESSMENTS BY THE LOS ANGELES COUNTY ASSESSOR
Public Works Director Galvez presented the report. Mayor Lozano opened
the public hearing for those wishing to speak in favor or opposition. Seeing no
interest, the public hearing was closed.
Motion: waive further reading, read by title only and adopt Resolution No. 2007-
046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND
Page 4 of 6
COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FY 2007 -08,
AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD
THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS ".
Moved by Mayor Lozano, seconded by Council Member Bejarano.
11. PUBLIC HEARING CONFIRMING THE CONTINUED MAINTENANCE AND
IMPROVEMENTS OF THE CITYWIDE PARK MAINTENANCE ASSESSMENT
DISTRICT FOR FY 2007 -08 AND ORDERING THE LEVY AND COLLECTION
OF ASSESSMENTS BY THE LOS ANGELES COUNTY ASSESSOR
Public Works Director Galvez presented the report. Mayor Lozano opened
the public hearing for those wishing to speak in favor or opposition. Seeing no
interest, the public hearing was closed.
Motion: waive further reading, read by title only and adopt Resolution No. 2007-
047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE
PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2007 -08, AND
AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS
SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS ".
Moved by Council Member Bejarano, seconded by Council Member Olivas.
REPORTS OF OFFICERS
12. SELECTION OF BANNER DESIGN FOR HOMETOWN HEROES BANNER
PROGRAM
Council Member Bejarano requested that the words "Hometown Hero" be
added to the bottom of Design "A ". There were no objections.
Motion: A motion was made to select design "A" as amended to add
"Hometown Hero" to the bottom of the banner.
Moved by Council Member Bejarano, seconded by Mayor Pro Tem Garcia.
13. RESOLUTION NO. 2007-043 - RATIFYING THE CALLING FOR
FORMATION OF PROJECT AREA COMMITTEES AND ADOPTING A
COMPOSITION
Acting Redevelopment Manager Picazo presented the report. The Baldwin
Park Historical Society, Sister City Association and Youth Soccer League were
suggested. In response to a past request by the Council, it was reported that
the Lions Club had been in existence for over sixty years and presently had six
members. Mayor Pro Tern Garcia suggested the Historical Society and
Friends of the Library for one PAC and the Sister City Association and Youth
Soccer League to the other PAC. Council Member Pacheco suggested the
first two organizations be appointed to the Sierra Vista Redevelopment
Project Area Committee and the second group be appointed to the Central
Business District Redevelopment Project Area Committee. There were no
Page 5 of 6
objections.
Motion: appoint community organizations to the Project Area Committees and
waive further reading, read by title only and adopt Resolution No. 2007 -043
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK RESCINDING RESOLUTION NO. 2007 -042 AND RATIFYING
THE CALLING FOR THE FORMATION OF PROJECT AREA COMMITTEES
FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN
AMENDMENT AND SIERRA VISTA PROJECT AREA PORTION OF THE
MERGED REDEVELOPMENT PLAN, ADOPTING A COMPOSITION FOR
THOSE COMMITTEES AND APPOINTING THE COMMUNITY
ORGANIZATIONS TO SERVE ON THOSE COMMITTEES ".
Moved by Council Member Olivas, seconded by Mayor Lozano.
14. ADOPTION OF RESOLUTION SETTING RATES FOR RESIDENTIAL AND
COMMERCIAL RELATED SERVICES EFFECTIVE .JULY 11 2007 TO JUNE 30,
2008 (Continued from June 20, 2007)
Public Works Director Galvez presented the report.
Motion: A motion was made to waive further reading, read by title only and
adopt Resolution No. 2007 -026 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING
RESIDENTIAL AND COMMERCIAL REFUSE RELATED RATES ".
Moved by Council Member Bejarano, no second required.
CITY COUNCIL/ CITY CLERK I CITY TREASURER 1 STAFF REQUESTS &
COMMUNICATIONS
Mayor Pro Tern Garcia commented on the upcoming National Night Out picnic at
6 p.m. at the Police Department. She requested that future events be held at the
park, as the City Hall venue is not inviting. Chief Lopez was directed to schedule
next year's event at Morgan Park. There were no objections.
ADJOURNMENT
There being no other matters for discussion, the meeting was adjourned at 9:00
p.m.
Approved as presented by the Council at their meeting held August 15, 2007.
Laura M. Nieto
Deputy City Clerk
Page 6 of 6
CITY OF BALDWIN PARK
TREASURER'S REPORT
JULY 30, 2007
CITY COUNCIL AGENDA
AUG 15 2007
ITEM NO.
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE_ VALUE
State of California Local
Agency Investment Fund
City
Community Develop. Comm.
Housing Authority
Fiscal Agent Funds - City
Fiscal Agent Funds - CDC
5.25%
Varies
Varies
5.25%
Varies
Varies
5.25%
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
9,491,123.68 9,491,123.68 9,491,123.68 9,491,123.68
8,711,241.31 8,711,241.31 8,711,241.31 8,711,241.31
2,423,891.83 2,423,891.83 2,423,891.83 2,423,891.83
20,626,256.82 20,626,256.82 20,626,256.82 20,626,256.82
2,633,719.62 2,633,719.62 2,633,719.62 2,633,719.62
4,956,090.97 4,956,090.97 4,956,090.97 4,956,090.97
S 28,21B�,,, ,067.41 5 28,216,067.41 S 28,216,D67.41
Total Investments $ 28,216,067.41
Cash
City General Checking 3,187,192.03
City Miscellaneous Cash 55,941.14
Comm. Develop. Comm. 119,410.02
Housing Authority 417,334.00
Financing Authority 6,626.85
Total Cash 3,786,404.04
Total Cash and Investments $ 32,002,471.45
Schedule of Cash and Investments Includes all financial assets as Included In the Comprehensive Annual Financial Report.
There was no investment maturltylpurchase transaction made for the month of June, and several depositslwllhdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all Investments are In compliance to the City's Statement of Investment Policy.
Approved by:
o�� fie los ,
` {'Coog, Sr. Accountant �'�
P11, ►"
_;A_ LDWIN
P A � R, K
CITY OF BALDWIN PARK
TO: Honorable Mayor and Councilmembers
FROM: Amy L. Harbin, City Planner `
DATE: August 15, 2007
CITY COUNCIL AGENDA
AUG 15 2007
ITEM N0.
STAFF REPORT
SUBJECT: Second reading of Ordinance 1306. Approval of amendments
to Section 153.316 of the City's Municipal Code which would
modify the Redevelopment Project Area Overlay (RDAO)
criteria to allow redevelopment related office uses. (Applicant:
City of Baldwin Park and Bisno Development; Location:
Central Business District Redevelopment Plan Area and Sub -
Areas 2 & 3 of the Sierra Vista Redevelopment Project Area of
the Baldwin Park Redevelopment Plan; Case Number: AZC-
156mod ).
PURPOSE
This report requests City Council approval of an ordinance amending Section 153.316
of the City's Municipal Code relating to land uses within the Redevelopment Project
Area Overlay (RDAO). This ordinance will impact those properties within the RDAO
area, which includes the Central Business District Redevelopment Plan Area and Sub-
areas 2 & 3 of the Sierra Vista Redevelopment Project Area of the Baldwin Park
Redevelopment Plan.
BACKGROUND /DISCUSSION
This ordinance was introduced at the City Council meeting on August 1, 2007 for first
reading, and at that meeting Ordinance 1306 was approved by the City Council. The
ordinance amends language within the City's Municipal Code relating to the use of
properties within the RDAO area,
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance 1306 on second reading, read
by title only and waive any further reading thereof.
ATTACHMENTS
*Attachment "A ", Ordinance 1306
ATTACHMENT #1
ORDINANCE 1306
ORDINANCE NO. 1306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING SECTION 153.316 OF
THE BALDWIN PARK MUNICIPAL CODE RELATING TO
USES WITHIN THE REDEVELOPMENT OVERLAY
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS
FOLLOWS:
Section 1. The table in subsection (A) of section 153.316 of the Baldwin Park
Municipal Code is hereby amended to add the following land use in the appropriate
alphabetical order:
Section 2. Subparagraph (12) of subsection (B) of section 153.316 of the
Baldwin Park Municipal Code is hereby amended to read as follows:
(B) The uses prohibited in the RDAO shall be:
(12) Office (Professional, Medical and Dental), except as
otherwise provided in subsection (A).
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause a copy of the same to be published in a manner prescribed by law.
APPROVED, and ADOPTED this first day of August, 2007
Manuel Lozano, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, Rosemary M. Gutierrez, Chief Deputy City Clerk, of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance 1006 was introduced at a regular meeting of
the City Council held on August 1, 2007, and was adopted by the City Council at its
regular meeting held on August 15, 2007, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Rosemary M. Gutierrez, CIVIC
Chief Deputy City Clerk
ve
BALDWIN CITY OF BALDWIN PARK
P • A, R, K
CITY COUNCIL AGENDA
AUG 15 2007
ITEM N0.
AGENDA STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: August 1, 2007
SUBJECT: Notice of Completion and Project Acceptance
Safe Route to School Sidewalk Program, FY 2006 -2007, CIP 804
Constructed by Nobest, Inc.
PURPOSE
The purpose of this report is to provide an overview of the completed improvements,
recommend the project's acceptance, and summarize the project's budget and
expenditure status.
BACKGROUND
These improvements consisted of repairing and constructing sidewalks, wheelchair
ramps, and driveway approaches in eligible areas which are on recommended routes to
schools. These improvements create pedestrian links and provide safer walkways for
children and their parents to and from schools. The improvements must be consistent
with a Bicycle and Pedestrian Plan that is approved by the City Council. The cost of
construction is reimbursed to the City after the completion of the improvements. Each
year the City is allocated approximately $40,000 of SB821 funds for this purpose.
On December 6, 2006, the City Council adopted a resolution approving a Bicycle and
Pedestrian Plan incorporating this project area. The Plan outlines eligible
improvements around schools in accordance with the Safe - Routes -to- School program.
The City Council also authorized staff to request reimbursement from the City's current
available allocation of $88,338.
On January 17, 2007, the City Council approved the plans and specifications, and
authorized staff to advertise and solicit bids for the 2006 -2007 Safe Route to School
Sidewalk Program, CIP 804.
On March 7, 2007 City Council authorized the award of contract to Nobest, Inc. in the
amount of $78,480.
Notice of Completion, Safe Routes to School - FY 2006 -07 Page 2
August 1, 2007
On May 16, 2007, a preconstruction conference was held with the Contractor to discuss
project details.
On July 13, 2007, the contractor substantially completed the project improvements.
Staff reviewed the work and had a small number of follow up items that needed to be
addressed. These items have now been addressed and staff is recommending
acceptance of the project.
DISCUSSION
The Contractor, Nobest, Inc. completed construction within the schedule at a total cost
of $85,431. Staff authorized cost extras based on actual field conditions in the amount
of $6,951. This cost extra is well within the 10% authorized by the City Council for
contingency purposes. The grand total payable to the contractor is fully within the
reimbursement amount available to the City.
FISCAL IMPACT
The tables below summarize the total project budgeted funds and expenditures:
AVAILABLE FUNDS I $88,338
ACTUAL EXPENDITURES
The actual expenditure falls below the funds available for reimbursement. The balance
of the City's allocation may be carried over to next fiscal year for our future use. There
is no impact on the General Fund.
RECOMMENDATION
It is recommended that the City Council:
1. Accept the improvements constructed by Nobest, Inc;
2. Authorize staff to record a Notice of Completion; and
3. Authorize payment of the retention funds to Nobest, Inc. upon expiration of the
35 -day lien period.
ATTACHMENTS
None
CITY COUNCIL AGENDA
AUG 15 2007
>� ITEM N0.
BALDWIN CITY OF BALDWIN PARK AGENDA STAFF REPORT
P A • R • K
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: August 1, 2007
SUBJECT: Notice of Completion and Project Acceptance
FY 2006 -2007 CDBG Sidewalk Improvements, CIP 863
Constructed by Gentry Brothers, Inc
PURPOSE
The purpose of this report is to provide an overview of the completed improvements,
recommend the project's acceptance, and summarize the project's budget and
expenditure status.
BACKGROUND
The project consisted of designing and constructing sidewalks, wheelchair ramps, and
curb and gutter improvements at various locations within the CBDG approved areas.
These improvements create safer, walkable, and wheelchair accessible routes, keeping
pedestrians away from traffic, and also reduce the potential for trip hazards. For FY
200607, grant funds in the amount of $130,000 were approved by the Los Angeles
County Community Development Commission for this purpose.
On April 18, 2007, City Council authorized the award of a construction contract to
Gentry Brothers, Inc. in the amount of $111,194 to perform work at twelve locations.
On May 16, 2007, a preconstruction conference was held with the Contractor to discuss
project details and to discuss labor compliance requirements which are a necessary
component of the CDBG grant funds.
On July 13, 2007, the contractor substantially completed the project improvements.
Staff reviewed the work and had a small number of follow up items that needed to be
addressed. These items have now been addressed and staff is recommending
acceptance of the project.
Notice of Completion, CDBG Sidewalk Improvements - FY 2006 -07 Page 2
August 1, 2007
DISCUSSION
Gentry Brothers completed contract items without any significant cost extras and within
the construction schedule. Final payment to the contractor is determined by actual
quantities constructed to be paid at contract unit prices. A minimal adjustment of $126
was authorized by staff resulting in a final construction cost of $ 111,320. This is well
within the authorization given staff 10% of the contract award ($11,119).
FISCAL IMPACT
The tables below summarize the total project budgeted funds and expenditures:
AVAILABLE BUDGET
$130,000
PROPOSED EXPENDITURES
Construction Contract
................. _ - - ......... ................_
Contingencies
.............. „$111,194
$11,119
Total Proposed Expenditure
$122,313
ACTUAL. EXPENDITURE
Design (By Staff
$0.00
Construction
Contract
$111,119
Change Orders (Quantity Adjustment
$126
Inspection, Testing, Construction M mt (By Staff
$0.00
Total Expended funds
$111,320
The final project cost is under the available funds for the project by nearly $19,000.
These unexpended funds will remain available to the City on other projects or to cover
shortfalls in other eligible projects. There is no impact on the General Fund.
RECOMMENDATION
It is recommended that the City Council:
1. Accept the improvements constructed by Gentry Brothers, Inc;
2. Authorize staff to record a Notice of Completion; and
3. Authorize payment of retention funds to Gentry Brothers, Inc upon expiration of
the 35 -day lien period.
ATTACHMENTS
None
CITY COUNCIL AGENDA
AUG 15 2007
ff CITY OF BALDWIN PARK STAFF REORT
rr
ITEM NO 4
BALDWIN CONSENT CALENDAR
P.A - R - K
TO: Honorable Mayor and Members of the City Council
FROM: Amy L. Harbin, City Planne.�-�
D
9!
ATE: August '15, 2007
SUBJECT: Housing Element Update - -- Request for Proposal
PURPOSE
This report requests City Council review and approval of a request for proposal to
update the City's Housing Element.
BACKGROUND/ DISCUSSION
Pursuant to State law, cities throughout the State are required to update their General
Plan Housing Elements approximately every five (5) years. However in March 2005,
Southern California Association of Governments (SCAG) representatives met with
representatives of the State Department of Housing and Community Development
(HCD) to discuss the Regional Housing Needs Assessment (RHNA) process and
possibly coordinating it to the deadlines for the Regional Transportation Plan (RTP).
The rationale was that transportation and housing are linked and SCAG wanted to
utilize the RTP forecast as the basis for allocating housing need. SCAG also requested
that the planning period duration for housing elements be extended to six (6) years
instead of five (5) years.
As a result, both HCD and SCAG came to an amicable conclusion and the next
statutory due date for housing elements within the SCAG Region, as set forth in
Government Code Section 65588 (e) (1) was extended and this planning period will
conclude on June 30, 2014. Adopted housing elements are due to HCD for this
planning period no later than June 30, 2008.
As part of the RFP, the selected consultant will be expected to review the current
housing element, prepare a needs analysis, identify resources and opportunities, and
identify constraints, both governmental and nongovernmental. Furthermore, there are
several statutory changes that affect housing elements; the most critical change is that
a detailed, site -by -site inventory of sites be conducted. This inventory shall be included
in the housing element to accommodate projected housing needs and provide greater
development certainty.
RPP for Housing Element Update
August 15, 2007
Page 2
FISCAL IMPACT
It is anticipated that the estimated cost to prepare
between $60,000 and $80,000. The fees collected
will fund the proposed Housing Element Update.
RECOMMENDATION
an updated Housing Element is
pursuant to the General Plan Fee
Staff recommends that the City Council approve the housing element consultant
request for proposal and authorize staff to issue the request for proposal.
ATTACHMENT
#1, Request for Proposal
CAAmy1AMY\WORD\Reports\Counoll Reports\HE RFP Approval by Mdoc
ATTACHMENT #1
REQUEST FOR PROPOSAL
C:V{my1ANIYIW0RDIReports\Gouncil Reports\HE RFP Approval by CC.doc
A
BALD WI
P • A - R • K
August 15, 2007
SUBJECT: REQUEST FOR PROPOSAL: GENERAL PLAN HOUSING
ELEMENT UPDATE
Proposals must be received by 5:00 p.m., Thursday, September 13,
2007.
Introduction
The City of Baldwin Park is seeking proposals for consultant services to
prepare an update of the City's Housing Element of the General Plan.
Project Description
Adopted Housing Elements are due to the State's Department of Housing
and Community Development (HCD) by June 30, 2008. The planning period
for the next Housing Element is to be July 1, 2008 through June 30, 2014.
The City is seeking an experienced consultant (Consultant) to prepare the
updated Housing Element. The Consultant shall be responsible for all steps
necessary to prepare and process the document, including data gathering,
public outreach and hearings, and policy recommendations. The Consultant
must have the ability to produce the Housing Element within the required
time frame, including updated documents that are accurate, complete,
understandable, defensible and compliant with applicable laws.
Background
Incorporated in 1956, this community of 6.8 square miles, known as the
"The Hub of The San Gabriel Valley," lies at the intersection of the I -10 and
I -605 Freeways. Approximately 82,000 residents call Baldwin Park their
home.
Building activity has just recently begun to slow after above average levels
over the last three years, with residential remodels and second dwelling
units comprising the bulk of the activity. The Metrolink Commuter Rail
system, which travels between Union Station and San Bernardino with a stop
in Baldwin Park, located on the southern edge of the City's `Downtown', has
sparked significant developer interest in the revitalization and rehabilitation
Request for Proposal - Housing Element Update
August 15, 2007
Paae 2
of this 125 -acre area into a vibrant, pedestrian - oriented urban village
environment.
Although Baldwin Park is relatively dense, it maintains a small town feel.
Harmoniously integrating change, preserving the existing environment and
improving the quality of life are of tremendous importance to the Baldwin
Park community. The City adopted an updated General Plan in 2002 and is
undergoing a comprehensive Zoning Code /Design Guidelines update. It is
anticipated that the updated Zoning Code and Design Guidelines will be
adopted within the third quarter of this fiscal year. The General Plan and
current Zoning Code can be viewed at http://ci.baidwin-
park.ca.us/!ndex.php?option=corn docman &task =cat view& id =144 &Itemid
=218
Scope of Work
The selected consultant shall provide the following services:
1. Task 1 - Assessment:
a. Evaluation of 2000 -2005 Housing Element: Consultant will
be required to review and evaluate the current Housing Element
and its programs, including
L A discussion of the effectiveness of the housing program
and policies;
ii. A comparison of projected results from the adopted
Housing Element to actual accomplishments;
iii. A summary of how these results are important to a
revision of the Housing Element; and
iv. An evaluation of existing Housing Element to current State
Housing laws.
b. Document Review. Consultant will review City documents to
aid in understanding local conditions and the community's
housing needs. Documents included, but not limited to, 2002
General Plan and related Program EZR, previous written
communications with HCD, and all housing programs and
ordinances currently in place. In addition, the Consultant will
need to evaluate existing City housing resources, while
identifying key issues.
2. Task 2 - Housing Element Preparation:
a. Needs Analysis: The Consultant will complete the housing
assessment and needs analysis to satisfy Government Code
Section 65583. The Consultant will evaluate housing conditions
Request for Proposal -- Housing Element Update
August 15, 2007
Page 3
using State - approved criteria. Where necessary to complete this
task, the Consultant will obtain and analyze the most current
data available on demographics and housing in the City of
Baldwin Park. The gathered data will be used to draft a housing
needs assessment that will identify;
i. Population, demographic and employment trends;
ii. Special housing needs (e.g. large families, seniors,
homeless, etc.);
iii. Housing stock characteristics;
iv. Adequacy of the City's public facilities (maintenance) and
improvements needed;
v. Housing cost and affordability;
vi. Projected housing needs; and
vii. Current vacant and underutilized land inventory.
b. Housing Resources and Opportunities: The Consultant will
identify housing resources, including programmatic, physical,
and financial. In addition, the Consultant will prepare an
analysis of the relationship between the projected housing needs
and the dwelling unit capacity and availability of services to said
sites.
During the period covered by the Housing Element, the City
anticipates a major 20 -year, pedestrian friendly, transit center
urban village revitalization project for the downtown area to be
considered by the Council and Community Development
Commission. The proposal could include a maximum of 8,000
multi - family housing units and the removal of some or all of the
existing housing in the subject 125 -acre area. That proposal
could also include a maximum of 2,000,000 square feet of office
space, 650,000 square feet of retain and entertainment uses, a
charter school for about 1,000 students, as well as and the
removal of some or all of the existing commercial and industrial
uses in the subject area. The effect of that proposal must be
part of the information used to develop this housing element.
This Housing Element will need to be coordinated with the other
General Plan amendments that would be needed as part of the
consideration of the above revitalization project.
c. Housing Constraints: The Consultant will identify potential
and actual governmental and nongovernmental constraints to
housing production. Where constraints exist, the Consultant will
Request for Proposal -- Housing Element Update
August 15, 2007
Paae 4
develop housing programs to mitigate them or, where
appropriate and legally possible, remove them.
d. Housing Goals, Policies, and Quantified Objectives: The
Consultant must build on the existing Housing Element, public
input, and the needs and constraints analyses to formulate an
implementation plan with appropriate and feasible housing
policies and quantified objectives. This work will need to satisfy
the requirements of Government Code Section 65583(b) and (c),
as noted below:
The Housing Program will contain programs to:
i. Ensure that housing opportunities are available to all
persons in the City;
ii. Preserve and improve the existing stock of affordable
housing;
iii. Facilitate development of adequate housing to meet the
needs of low and moderate income households, meeting
regional share of goals;
iv. Mitigate any governmental constraints to housing
production, improvement and /or maintenance; and
v. Ensure consistency with other General Plan elements and
community goals.
3. Task 3 -- Prenare and Finalize Housing_ Element:
a. Draft Housing Element: The Consultant will be required to
prepare and submit one (1) reproducible copy and one (1)
electronic copy in (MS Word Format) of the Administrative Draft
Housing Element for Staff review and comment. Once staff has
reviewed and commented on the draft, the Consultant will
modify the Administrative Draft as directed. The Consultant will
then prepare and submit one (1) reproducible copy and one (1)
electronic copy of a Draft Housing Element for the City to
provide HCD, the City Council, the Planning Commission, and the
general public for review and comment. The City intends to
make this Draft accessible both in hard copy format and on the
City's web site.
b. Community Meetings, Planning Commission and City
Council Hearings: The Consultant must organize and attend
one (1) community meeting to present the Draft Housing
Element and respond to questions from the public. The
Request for Proposal - Housing Element Update
August 15, 2007
Page 5
Consultant must also attend Planning Commission and City
Council public hearings.
c. Housing Element: The Consultant will prepare a final version
of the Housing Element, including any changes to the draft
required by HCD and City staff, for adoption and transmittal to
the State by June 30, 2008. Consultant will work closely with
staff to ensure that the City meets all HCD deadlines and
requirements.
d. State Certification: The Consultant must follow through with
assisting the City in achieving State certification of the Housing
E=lement after adoption by the City. The Consultant will work
closely with HCD and the City of Baldwin Park to ensure that City
meets State requirements and will recommend modifications to
the adopted Housing Element, if required to obtain certification.
4. Task 4 — Environmental
a. CEQA Completion and submittal of all required
documents: The Consultant must prepare and process all
applicable environmental documents pursuant to CEQA.
Schedule of Project Submittals
Proposals must be received by 5:00 p.m. on Thursday, September
13, 2007. The Consultant must submit five (5) copies of the proposal.
Format
The following items must be included in the proposal:
Proiect approach: Description of the project approach for organizing,
managing, and completing the project. This should also include a scope of
anticipated tasks/services and procedures to ensure quality control, schedule
timeliness and budget control. Identification of how /when input from the
general public, City Council and Planning Commission, staff, and others will
be obtained.
Project personnel: Identify personnel with key responsibilities for the work
and a description of their role and duties on the project. Identify an specific
project manager and point of contact for the City concerning technical and
contractual matters.
Request for Proposal - Housing Element Update
August 15, 2007
Page 6
Schedule: Develop a proposed schedule from the time the firm is given
notice to proceed to completion of the project. Indicate milestone events.
Scope of Work: Provide a detailed description of each task proposed by the
consultant to accomplish the scope of work, including deliverables. The
Consultant should indicate which tasks will require staff involvement or
assistance.
Cost Proposal: Provide a breakout of the anticipated project cost. Please
provide information on the cost of each element or task and allocated among
all personnel assigned to this project, and the total cost of the project. This
information will be related to the number of hours to be spent on the
completion of this study. The total cost of the project is to be on a "not to
exceed" basis. Describe your contract requirements, billing procedures,
billing schedules and progress reports, etc. Billing schedule should align
with deliverables.
References: Consultant must provide a minimum of three (3) : client
references, preferably city governments, for whom services have been
provided within the last five (5) years.
Similar Projects: Description of no more than four (4) completed projects of
similar scale and scope. Include contact name(s) and -phone
numbers /addresses. Provide proposed and final cost for each of the projects.
Evaluations Process and Criteria
Evaluation of proposals shall be based upon a competitive selection process.
The contractor shall be responsible for the accuracy of the information
supplied. In reviewing and evaluating the submitted proposals, the City will
use the following criteria:
Ratina Item
➢ Successful experience with similar types of
projects and /or projects of similar complexity.
➢ Commitment of senior staff to the projects
➢ Responsiveness to RFP and City priorities
➢ Creative approach
➢ Schedule
➢ Cost
➢ Familiarity with the City of Baldwin Park
Relative Wei ht
20%
15%
10%
10%
15%
20%
10%
Total: 1000/0
Request for Proposal -- Housing Element Update
August 15, 2007
Pane 7
Achieving_ the top score in the "Cost" category _will be possible only with a
proposal of $60,00.0 or less.
Consultant Selection Procedures
Contract award is expected in October 2007.
The City reserves
the right to
reject any and all proposals
for any reason
whatsoever. The
lowest cost
proposal will not necessarily
be selected. The services to be provided shall
be in accordance with the
standard City
of Baldwin Park
Professional
Services Agreement (sample
attached) which
will be approved
by the City
Council.
Insurance Re uilrements
The City of Baldwin Park will require the firm selected to provide insurance,
and proof thereof as follows:
• Worker's Compensation, in accordance with State Law.
• Commercial General Liability in the amount of $1 million accompanied
by the..Additional Insured Endorsement.
• Professional Liability in the amount of $1 million.
Delivery of Proposal
Five copies of the proposal should be submitted as follows:
• Four (4) bound copies, and one (1) unbound single -sided copy.
• Must be capable of reproducing the proposals on standard 8 -1/2 x 11
inch paper.
The proposal shall be delivered by no later than 5 :00 p.m. on Thursday,.
September 13, 2007 to:
Amy L. Harbin
City Planner
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Discretion
The City reserves the right to reject any or all proposals or to request and
obtain, from one or more of the consulting firms, supplementary information
as may be necessary for City staff to analyze the proposal pursuant to the
consultant selection criteria.
Request for Proposal - Housing Element Update
August 15, 2007
Paae S
By submitting a response to this Request for Proposals (RFP), the consultant
waives all right to protest or seek any legal remedies whatsoever regarding
any aspect of this RFP. The City may choose to interview one or more of the
firms regarding this RFP.
Request for clarification of the information contained herein shall be
submitted in writing to the attention of Amy Harbin, City Planner. Responses
to any clarification requests will be provided to each group from which
proposals have been requested. Such requests for clarification should be
kept to a minimum due to the short response time for proposals.
If you have any questions regarding this Request for Proposal, you may
contact Amy Harbin at (626) 960 -4011, extension 475, or via e -mail at
Aharbin @baldwinpark.com.
Agreement
THIS AGREEMENT is made and entered into this day of , 200X, by
and between the City of Baldwin Park, ( "City "), and
( "Consultant ").
In consideration of the following mutual covenants, provisions and agreements,
and other valuable consideratio her jta suff iciency of which is hereby
acknowledged, City and Consult ws:
1. SCOPE OF SERVICES, Consultant all perform all services reasonably
necessary and required in order to complete th project set forth in its proposal, which
attached hereto, marked Attachment "A ", orporated herein by this reference.
2.
described within
W-
days. Mime
contract. All services to be pe
accordance with a detailed pro
approved by the City prior to comme
3. COMPENSATION.
rendered hereunder in accordance with the
Attachment "B ", and incorporate
shall not exceed $
4. STATUS OF CO
nsultant shall perform the services above
the essence in the performance of this
shall be deemed, for all purposeffan iriffpen
all necessary personnel, equipm
shall be timely and performed in
h shall be submitted by Consultant
work by Consultant.
compensated for the services
e attached hereto, marked
is reference. Consultant's compensation
purpose of this Agreement, Consulta
consultant. Consultant shall provid
, at its sole expense, in order to
perform the services required pursuant to this Agreement.
5. COMPLIANCE WITH LAW. Contract services shall be provided in
accordance with the laws and regulations of all governmental agencies. Consultant
shall be responsible for becoming aware of and staying abreast of all such laws, and
ensuring that all services provided hereunder conform with such laws. When
applicable, Consultant shall not JIes han vailing wage, and Consultant shall
obtain the prevailing wage rates r of Industrial Relations of the State of
California directly, or through the City.
6. LIABILITY. Consultant shall indemn , defend, and hold harmless City, its
officials, officers, agents and em any and all actions, claims, damages,
liabilities, losses, or expenses of
and attorneys fees, whether or n Qicers, against City and/or its officials, o
claimed by any person, firm, or IM
negligent performance, or the negligent pe
subcontractors, or invitees, as w
agents, employees, subcontractors or invit
7. INSURANCE. Cant
with the following during the course
(A) Comprehensive
own, hired and non -owned a
8. OWNERSHIP
r kind, name or nature, including legal
filed, and any judgement is rendered
or employees that may be asserted or
or in connection with Consultant's
of its agents, employees,
ent acts or omissions of Consultant,
ntain insurance coverage in accordance
nce hereunder:
ility Insurance including as applicable
the documents required to be
prepared pursuant hereto shall, upon the completion thereof, be deemed for all
purposes to be the property of the City.
0. NOTICES. Notices pursuant to this Agreement shall be given by personal
service upon the person to be notified, or upon deposit of the same in the custody of th
U.S. Postal Service, postage prepaid, addressed as follows:
(A) City of Baldwin Park
14403 E. Pacific A nue
Baldwin Park, CA 06
Attention: DEPAR EN EAD ITY MANAGER
(B) Consultant
NAME
ADDRESS
CITY, STATE, ZIP
10. ENFORCEMENT. In t nt any party institutes any action to enforce the
provisions of this Agreement, th revai party shall be entitled to its court costs and
reasonable attorneys` fees.
WITNESS WHEREOF
first above written.
executed this Agreement on the day
1 of Baldwin Park
CONSULTANT
By:
Its:
Mayor
CITY OF BALDWIN PARK
11
BALDWIN
P A, R- K
CITY COUNCIL AGENDA
AUG 15 2007
STAFFREPCO
TO: Honorable Mayor and Members of the City Council
FROM: dward Lopez, Chief of Police
DATE: August 15, 2007
SUBJECT: RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES FOR PROVIDING SCHOOL CROSSING GUARD
SERVICES FOR FISCAL YEAR 2007/2008
PURPOSE
This report seeks City Council approval for the police department to continue a
contractual agreement, with the listed amendments, with All City Management
Services (ACMS). The agreement is for the continued administration of school
crossing guard services.
BACKGROUND
The City of Baldwin Park has been receiving crossing guard services through a
contractual agreement with All City Management Services since FY 2005 -2006. The
current contract expired on June 30, 2007.
All City Management Services has maintained a high level of service based on staff
interaction with school district staff, parents, the crossing guard supervisor, and
crossing guards. Staff has also observed crossing guards on duty.
The amendments to the agreement are an increase of hourly wage from $10.89 per
hour per hour to $11.49 for guard service provided for the nineteen (19) locations, as
determined by the Police Department. The cost of providing this service is not to
exceed $165,249.00 for the term of the agreement. Also, the agreement expires on
June 30, 2008.
The city attorney has approved this contract as to form and content.
FISCAL IMPACT
Funding for this agreement has already been approved in the FY 07108 budget.
There will be no additional impact to the general fund. This line item is in Cost Center
100.27.5000.080.
AMENDMENT TO AGREEMENT WITH
ALL CITY MANAGEMENT SERVICES
FOR PROVIDING SCHOOL CROSSING
GUARD SERVICES
Page 2
RECOMMENDATION
Staff recommends City Council:
Approve the FY 07108 contract with All City Management Services for crossing
guard services.
2. Authorize the Mayor to execute the agreement to continue contract services with
All City Management Services.
Attachment
,
C,r'YIr'�i
Amendment to Agreement between
All City Management Services, Inc. and the City of Baldwin Park
for providing School Crossing Guard Services
The City of Baldwin Park hereinafter referred to as the "City ", and All City
Management Services, Inc., located at 1749 S. La Cienega Blvd., Los Angeles, CA
90035, hereinafter referred to as the "Contractor ", mutually agree to amend the existing
Agreement entered into on September 21,2005 as follows:
Item #1 The City and the Contractor agree to extend the term of this
Agreement for the 2007 - 2008 fiscal year beginning July 1, 2007
thru June 30, 2008.
Item #16 The City agrees to pay Contractor for services rendered pursuant to
the Agreement the sum of Eleven Dollars and Forty -Nine Cents,
($11.49) per hour of guard service provided. It is understood that
the cost of providing Fourteen thousand and three hundred and
eighty -two hour (14,382) hours of service shall not exceed One -
hundred and Sixty -Five Thousand, Two Hundred and Forty -Nine
Dollars, ($155,249.00). The Contractor will invoice the City for
services bi- weekly.
Except as provided for in Item #1 and Item #15, all other terms and conditions of the
original Agreement and Amendments thereto between the City and the Contractor
remain in effect.
City of Baldwin Park
Signature
Print Name and Title
Date
Attest:
City Clerk/Deputy
All City Management Services, Inc.
By
Baron Farwe General Manager
Date May 3, 2007
1749 S. La Cienega Blvd. • Los Angeles, CA 9€1035 e 310 - 202 -8284 ® 800 -540 -9290 o FAX 310 - 202 -8325
o n1
BALDWIN
P A,R K
CITY OF BALDWIN PARK
STA
CITY COUNCIL AGENDA
TO: Honorable Mayor and Members of the City Council
FROM: �tugust ward B. Lopez Chief, of Poliice
DATE: 15, 2007 9
AUG 15 2007
SUBJECT: AUTHORIZATION TO PURCHASE TWO UNDERCOVER POLICE
VEHICLES WITH FEDERAL ASSET FORFEITURE FUNDS
PURPOSE
Staff seeks City Council approval to purchase two new vehicles and place them into
service as undercover police units.
BACKGROUND AND DISCUSSION
Two vehicles in the fleet currently being used by the Baldwin Park Police Special
Investigations Unit have become unreliable and need to be replaced. These two
undercover vehicles are in poor condition, unreliable, and have high mileage. Unit
#3174 has over 146,000 miles and unit #3158 has over 112,000 miles.
The Police Department seeks approval to replace these units. Replacement vehicles
can be purchased under the Los Angeles County Sheriffs Department bid from an
authorized dealer at net County cost. Staff is requesting a waiver of the formal bid
process to allow staff to procure with a County authorized dealer as the City Council
has done in previous years.
Whenever the City Council finds it in the best interest of the public and fiscally
beneficial, the City may purchase City supplies and equipment utilizing purchasing
agreements maintained by the County, State, or other public agencies without
complying with the requirements of Baldwin Park Municipal Code § 34.
Section 34.23 (C) provides for the City Council to waive formal bidding procedures:
When the City Council by four - fifths vote determines to dispense
with such bidding and other procedures required in any
individual instance upon finding by the Council that it would be
impractical, useless, or uneconomical in such instance to follow
the procedures, and that the welfare of the public would be
promoted by dispensing with the same.
Staff Report
Purchase Undercover Police Cars
Page 2 of 2
The total cost associated with the purchase of two undercover vehicles is $88,937.00.
Staff has also determined that once the vehicles are purchased, the police department
will recommend to the Recreation and Community Services Department (Fleet
Services) to remove undercover units 3174 and 3158 from service. These two
vehicles can then be sold at auction and the funds deposited into the City's general
fund.
Staff has determined that sufficient funds exist in the department's Federal Asset
Forfeiture cost center 112.00.4210 and the purchase of these vehicles for surveillance
is a permissible use of these funds.
Fiscal Impact:
There will be no negative impact to the General Fund. The police department will
utilize Federal Asset Forfeiture Funds, which is an approved usage for purchasing
vehicles and equipment to further the efforts of law enforcement. The City may
experience an addition to the General Fund if units #3142 and #3154 are sold at
auction.
Recommendation:
Staff recommends that the City Council:
1. Find (a) that it would be uneconomical to follow purchasing procedures since the
vehicles are available at lower prices if purchased through existing contract with
the County of Los Angeles and (b) that the welfare of the public would be
promoted by dispensing with the purchasing procedures; and
2. Waive formal bidding procedures and authorize staff to utilize the Los Angeles
County Sheriff's bid for police vehicles; and
3. Authorize the Chief of Police in conjunction with the Finance Department to
complete a budget appropriation for the amount not to exceed $68,937.00 from
account 112.00.4210 to account 130.58.5745; and
4. Authorize the Chief of Police, or his designee, to complete all appropriate
documentation to complete the purchase.
Attachments
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FAX COYER SHEET
Telephone (6251339.6261 <11"> Fax (626) 915,9262
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CONFIDE=NTIALITY NO TI S
This transmission is intended only for the use of the individual or entity to which it is
addressed and may contain information that is privileged and confidential. If the reader of
this message is not the intended recipient, you are hereby notified that any disclosure,
distribution, or copying of this information in error, please notify us immediately by
telephone, and return the original documents to us at the address below via the United
Slates postal Service.
SUBJECT:
MESSAGE.
r-
2000 E, Garvey Avenue South, West Covina, CA 91791 (626) 339 -6261 (626) 331 -1361 Fax
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CITY COUNCIL AGENDA
AUG 15 2007
iTEM No.
BALDW[N -IL-
CITY OF BALDWIN PARK CONSENT CALENDAR
P -A - R, K STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Leticia Lara, Human Resources Manager
DATE: August 8, 2007
SUBJECT: PROPOSED EMPLOYMENT AGREEMENT WITH MARC
CASTAGNOLA, COMMUNITY DEVELOPMENT
MANAGER
PURPOSE:
The purpose of this report is to request Council approval of an employment agreement
for the position of Community Development Manager
BACKGROUND
Following an extensive recruitment, the City Council has directed that an employment
agreement be finalized with Marc Castagnola, for service to the City as Community
Development Manager. At its special meeting on August 1, 2007, the City Council
directed staff to extend an offer of employment to Mr. Castagnola.
DISCUSSION:
Attached is a proposed agreement with Marc Castagnola, to serve the City as
Community Development Manager. The proposed agreement is similar in format to
employment agreements developed in the past for these positions, and provides the
following general terms:
1. Employee shall begin his employment on September 4, 2007.
2. Base annual compensation at the rate of $ 85,000.00 per year
3. Future salary adjustment to be based on an annual performance evaluation,
with the first such evaluation taking place after twelve months of service.
4. The employee shall serve at the pleasure of City Council
5. If the employee is terminated while not in breach of the agreement or for
reasons other than malfeasance in office, employee shall receive a lump sum
cash payment equal to three (3) months aggregate base salary.
In addition, the Community Development Manager will receive the same benefits similar to
those provided to other employees in the Confidential Management Group.
RECOMMENDATION
It is recommended that the City Council approve the proposed employment agreement with
Marc Castagnola, for service as the Community Development Manager, and authorize its
execution by the Mayor.
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Baldwin Park,
a general law city (hereinafter "City ") and Marc Castagnola, an individual (hereinafter
"Employee ").
Section 1. Duties
1. City agrees to employ Employee as the Community Development Manager with
the responsibility of planning, supervising and managing the Community
Development Department under the direction of the Chief Executive Officer.
2. The Employee shall perform other related and necessary duties as required by
law and designated by the Chief Executive Officer.
4. The Chief Executive Officer shall establish performance goals and objectives to
be met by the Employee as Community Development Manager for each year of
this agreement. Said objectives shall be established as part of the evaluation
process. The Chief Executive Officer agrees to conduct a performance
evaluation after twelve (12) months from the date of this Agreement, and also
upon each annual anniversary date of this Agreement. The evaluation shall be
conducted in accordance with specific criteria jointly developed and finalized by
the Chief Executive Officer and Employee. The Chief Executive Officer shall
forward the results of an evaluation to the City Council, together with a
recommendation as to any change in Employee's salary. Employee understands
and agrees that any change in compensation must be approved by the City
Council.
5. Employee hereby agrees to perform faithfully and to the best of his abilities all
the duties pertaining to the office of Community Development Manager as may
be required by the laws of the City of Baldwin Park and the State of California
relating to municipal corporations, and the rules and regulations of the City of
Baldwin Park, which are now in force or which may be put in force during the
term herein stated, and further shall perform such other tasks and duties as may
be designated by the Chief Executive Officer and that the parties hereto agree
that said position as Community Development Manager shall be deemed and
construed to be a full -time position.
Section 2. Terms of Employment
1. The term of employment shall commence September 4, 2007, and shall continue
until terminated as set forth in this Agreement.
2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Chief Executive Officer to terminate the service of the Employee as an "at-
will" Employee.
3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Employee to resign at any time from his position with City provided
Employee gives to City thirty (30) day written notice prior to the effective date of
Employee's resignation, unless the parties otherwise agree.
Section 3. Compensation/Benefits
City agrees to pay as salary to the Employee during the period he is serving as
the Community Development Manager a base salary of $ 7,083.33 per month.
Said salary may be modified from time to time by an amendment to this
Agreement, or amended salary resolution approved and adopted by the City
Council.
2. Benefits:
a. The City shall provide to Employee all fringe benefits as are in the benefits
matrix.
Section 4. Termination and Severance Pay
In the event Employee is not in breach of this Agreement, and is terminated by
the Chief Executive Officer for reasons other than malfeasance in office, City
shall pay Employee a lump sum cash payment equal to three (3) months
aggregate base salary. In the event Employee is terminated because of
malfeasance in office, including, but not limited to, his conviction of any illegal act
involving moral turpitude or personal gain to him, City shall have no obligation to
provide such cash payment and the Chief Executive Officer may terminate
Employee immediately without any severance pay.
Section 5. General Provisions
The text herein shall constitute the entire Agreement between the parties,
2. This Agreement shall be effective as of September 4, 2007.
3. This Agreement shall only be modified in writing by the parties.
CITY OF BALDWIN PARK
C
Manuel Lozano
Mayor
Date
ATTEST:
Rosemary M. Ramirez
Deputy City Clerk
EMPLOYEE
� J
Marc Castagnoa --�--� -'
Community Development Manager
Date i� l
Community Development Manager Benefits Matrix Page l
COMMUNITY DEVELOPMENT MANAGER
BENEFITS MATRIX
Effective September 4, 2007, the Community Development Manager will receive
benefits as outlined below:
Insurances/Supplemental Wage Payments
Benefits Plan
The City will contribute a sum not to exceed $950,00 per month towards benefits as
detailed below;
The employee is required to maintain a minimum coverage for himself /herself in a plan of
their choice unless the employee can show proof they have adequate health insurance
coverage through another source. In instances where the employee's medical insurance
premium is less than the City's monthly contribution, such employee will have an option to
have the excess monies placed toward an existing benefit program. These options
include:
1. Placement in a City provided health insurance plan for self, two (2) party or
family coverage.
2. Placement in a City provided dental insurance plan for self, two (2) party or
family coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Vision Plan
The City will provide a vision plan to all affected employees, and will contribute up to a
maximum premium cost of $32.12 per month. If the premium exceeds the amount, then
the employee shall be responsible to pay the difference in excess of $32.12
Community Development Manager Benefits Matrix Page 2
Life Insurance
The City will provide term life insurance in the face amount of $50,000. The City will
provide a supplemental life insurance program to enable employees to purchase additional
life insurance at the employee's cost and no contribution from the City.
Dental Plan Enhancement
The City will provide for the dental plan enhancement of orthodontics to the "Reimbursable
Plan Choice" of the City's dual choice dental plan. Additional cost for this enhancement will
be paid for by the City. Those affected individuals currently enrolled in the "Pre -paid Plan
Choice" presently receive this benefit.
Long-Term Disability and Short Term Disabilit
The City will provide each employee with long -term disability insurance coverage as set
forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected
employees will be eligible to receive benefits commencing on the 31" day of non -work
related injury or illness, and employees will be eligible to receive a maximum benefit of 66
213% of their current base salary up to a maximum of $5,000 per month.
Retirement
The City will pay 100% of the employer's contribution to the CalPERS retirement program
and provide retirement benefits as currently specified under the City's contract with the
California Public Employees Retirement System.
Employee will pay 3% and the City will pay 3.766% increase to normal cost (difference
between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary.
All such employee contributions shall be deposited in the member's retirement account,
The City will continue to pay the current employee's contribution of seven (7 %) of the
employee's base salary to the Public Employees' Retirement System in addition to the
allocated percentage for the increase to normal cost (difference between2% @ 55 and
2.7% @ 55 retirement formulas)
Bilingual Pa
The City agrees to increase the bilingual pay amount from seventy -five dollars ($75.00) to
one hundred dollars ($100.00) per month to a person who is capable of speaking, reading,
writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese,
Tagalog and Signing. Qualifying tests established by the City shall make determination of
capability. Re- testing of individuals will be required to determine bilingual capability in the
Community Development Manager Benefits Matrix Page 3
above stated languages. Only those individuals who score at the level of "Good" or better
will be eligible for Bilingual pay.
Monthly Phone Allowance
The City agrees to implement a monthly cellular telephone allowance of $40.00 per month.
Attendance and Leaves
Sick Leave
The general policy for sick leave will be as set forth, for all full -time employees, in Section
11.4 of the Personnel Rules.
Sick leave will accrue at the rate of 3,6923 hours on a biweekly basis and shall be debited
on an hourly basis.
Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent
upon the total number of currently accrued sick leave hours, the maximum sick leave
hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee
wishes to elect a maximum sick leave accrual level that is at a higher level than their
closest currently accrued sick leave hours, they may do so. The maximum accrual elected
by the eligible employee will be irrevocable. Once the election is made by the employee,
such excess hours will be removed from the employee's sick leave hours accrual,
calculated at their then straight time hourly rate and placed into a sick leave hours bank to
be paid at no less than 50% of the total value nor more than 75% of the total value, with
the timing and method of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no compensation
shall be paid for the unused sick leave.
Annual Sick Leave Incentive -- Sick leave shall accrue on hourly basis of eight (8) hours
per month and shall be debited on an hourly usage basis. Each January 1, eligible
employees will commence to accrue sick leave hours above their prior elected sick leave
hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee
will receive 50% of the unused portion of sick leave hours as compensation, calculated at
their then straight time hourly rate. Payment will be made at the next closest pay period.
Bereavement Leave
Each classification represented by the Association shall receive the equivalent of their
workweek per incident, as needed, for a death in their immediate family. Immediate family
shall mean and include only the employee's spouse, children, stepchildren, foster children,
grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner
and spouse's Parents and spouse's grandparents. Said time will not be cumulative from
Community Development Manager Benefits Matrix Page 4
one twelve month period to another nor will pay in lieu of unused leave for bereavement is
provided.
Vacation
Employees will be entitled to utilize accrued vacation leave after completion of six (6)
months continuous employment with the City. Employees may be eligible to utilize accrued
vacation leave at an earlier time, upon written request to and approval of their department
head.
The times during which an employee may take his/her vacation leave shall be determined
by the department head with due regard for the wishes of the employee and for the needs
of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
appointing authority, use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one
calendar year for the purpose of a vacation leave. A vacation period is defined as the
maximum amount of vacation leave accrued by an employee in any calendar year, in
accordance with Subsections (a), (b), (c), (d) and (e), as stated below.
a. Employees having less than five (5) years of employment (vacation accrual = 96
hours per year) the maximum amount of vacation that may be accumulated shall
be 192 hours.
b. Employees having more than five (5) years service but less than ten (10) years
of employment (vacation accrual = 120 hours per year), the maximum amount of
vacation that may be accumulated shall be 240 hours.
c. Employees having more than ten (10) years but less than fifteen (15) years of
employment (vacation accrual = 144 hours per year), the maximum amount of
vacation that may be accumulated shall be 288 hours.
d. Employees having more than fifteen (15) years but less than twenty (20) years
of employment (vacation accrual = 168 hours per year), the maximum amount of
vacation that may be accumulated shall be 336 hours.
e. Employees having over twenty (20) years of employment (vacation accrual —
192 hours per year). The maximum amount of vacation that may be
accumulated shall be 384 hours.
Community Development Manager Benefits Matrix Page 5
if the employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the Department Head, an
employee will be given an extension in order to take his/her vacation. In cases where the
employee forfeits vacation leave time at the request of the City, upon approval of the Chief
Executive Officer or designated representative(s), said employee shall be compensated for
forfeited vacation leave time at the employee's current rate of pay. It is the employee's
responsibility to schedule vacation time well in advance to avoid forfeiting his /her vacation
or to avoid any conflicts.
Employees will be entitled to utilize accrued vacation leave after completion of (6) months
continuous employment with the City. Employees may be eligible to utilize accrued
vacation leave at an earlier time, upon written request to and approval of their department
head.
The times during which an employee may take his /her vacation leave shall be determined
by the appointing authority with due regard for the wishes of the employee and for the
needs of the service.
Employees will be notified on a quarterly basis of their current and potential maximum
vacation hours accrual for the calendar year to assist them in the reduction of excess
accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be charged
as vacation leave, and the vacation leave shall be extended or accredited accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Administrative Leave
Employee shall receive a maximum of fifty (50) hours of administrative leave with pay each
fiscal year. The use of such leave shall be at the reasonable discretion of the employee
Unused time at the end of each fiscal year, June 30, will be paid during the following
month of July with said time being calculated at their then straight time hourly rate.
Holidays
For employees working a 4110 plan, the following days shall be observed as holidays:
January 18t, the third Monday in February; the last Monday in May; July 41h; the first
Monday in September; November 11th; the fourth Thursday in November;
December 24th; December 25th; and such other days as may be designated as
holidays by motion of the City Council.
Community Development Manager Benefits Matrix Page 6
If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be
observed on the preceding Wednesday or Thursday. If any of the holidays fall on a
Sunday, the Monday following is the holiday in lieu thereof.
Floating Holidays
Employees working a 4110 plan will receive two (2) ten (10) hour days of floating leave, for
a total of twenty (20) hours,
Holiday Bank
At the beginning of each calendar year, the City will determine how many of the set
holidays fall on a Friday and /or Saturday. An employee will be credited with an equivalent
number of hours of holiday time ( "holiday bank "). Each affected employee will also be
credited with the above floating holidays. The actual date for the use of such leave shall
be subject to the approval of the Chief Executive Officer. This holiday bank leave can be
used in hourly increments and combined with other leave. Employees may accumulate up
to a maximum of one hundred (100) hours of holiday bank time.
If an employee, because of business necessity, is not able to utilize accrued holiday bank
hours, upon written request to, and approval of the Chief Executive Officer, the employee
will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each
January 1, such excess hours will be removed from the employee's holiday bank hours
accrual, calculated at their then straight time hourly rate and placed in a holiday hours
bank to be paid not later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank time prior
to the occurrence of the actual holiday, he /she will have his /her vacation bank,
administrative leave and /or final paycheck reduced to reflect the excess holiday bank time
used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he /she will be paid for such eligible holiday bank time at his /her
straight time rate.
Compensation for Accrued Leave Time
Notwithstanding the maximum accruals established for vacation, administrative leave and
holiday bank, the Community Development Manager may accrue up to a maximum of
three (3) months of additional paid leave time composed of a combination of vacation,
administrative leave and /or holiday bank time.
4
11
BALDWIN
P - A , R, K
CITY OF BALDWIN PARK
CITY COUNCIL. AGENDA
AUG 15 2007
120
STAFF'RE
TO: Honorable Mayor and City Council Members
FROM: Suzie Ruelas, Acting Housing Manager
DATE: August 15, 2007 9
SUBJECT: Re- Certification of TELACU. as a Baldwin Park Community
Housing Development Organization (CHDO) and HOME Fund
Reservation Agreement
PURPOSE
To request that the City Council:
Re- certify The East Los Angeles Community Union, (TELACU) as a Community
Housing Development Organization (CHDO) for the City of Baldwin Park.
Enter into a HOME Fund Reservation Agreement (Please see Attachment "A ")
with TELACU in the amount of $51,000 to be used for the preparation of an
affordable housing feasibility study for certain sites within the City.
BACKGROUND/DISCUSSION
Pursuant to HUD requirements for HOME funds, the City must certify a CHDO and
award 15% of its total HOME Program annual allocation to a CHDO. The CHDO
requirement was instituted to enable non - profit organizations, mostly representing and
advocating low- income populations, to assist residents in accessing affordable housing.
Since first receiving HOME funds in 1995, the City has been unsuccessful in partnering
with a Community Housing Development Organization. Because of this, the City was
not always able to meet the two -year requirement to commit and the five -year
requirement to expend funds resulting in the recapture of HOME funds allocated to the
City by HUD. The loss of HOME funds impacting FY 2000, 2001 and 2002 alone have
totaled $244,650.
Most recently, the City has been able to meet the commit and expenditure
requirements and maintain its funds since designating TELACU as its CHDO.
Agreements have been entered into with TELACU and funds have been committed and
expended on the rehabilitation of their units located at 14442 Pacific Avenue.
Staff is now proposing to enter into an agreement with TELACU to reserve HOME
funds to be used for the preparation of an affordable housing feasibility study for
certain sites within the City. Staff has met with several developers in the last few
months, which resulted in the realization that there is a need for an affordable housing
analysis. TELACU has the expertise to conduct this analysis and identify potential
sites for affordable housing projects and types of potential projects which could be
developed on such sites. The Agreement ensures City Council participation and
approval and protects the City's investment through a re- payment clause should
TELACU default on the agreement.
FISCAL IMPACT
There is no fiscal impact to the general budget. The recommended $51,000 is from
HOME Program allocations mandated by HUD. If this amount is not committed to a
CHDO by August 31, 2007, the total amount will be recaptured by HUD.
RECOMMENDATION
That the City Council:
• Re- certify The East Los Angeles Community Union, (TELACU) as a Community
Housing Development Organization (CHDO) for the City of Baldwin Park.
• authorize the Mayor to execute the HOME Fund Reservation Agreement
(Please see Attachment "A") with TELACU in the amount of $51,000 to be
used for the preparation of an affordable housing feasibility study for certain
sites within the City.
ATTACHMENT
Attachment "A" — HOME Fund Reservation Agreement
HOME FUND RESERVATION AGREEMENT
THIS HOME FUND RESERVATION AGREEMENT (the "Agreement ") is hereby
entered into as of August _, 2007, by and between the CITY OF BALDWIN PARK, a California
municipal corporation (the "City "), and THE EAST LOS ANGELES COMMUNITY UNION, a
California nonprofit public benefit corporation (the "Developer ").
RECITALS
A. Developer is a nonprofit corporation duly organized under the laws of the State of
California, which is experienced in the acquisition, development, rehabilitation and operation of
housing which is affordable to persons of low- and moderate - income. Developer has been
designated by the City as a "Community Housing Development Organization," as that term is
defined in 24 CFR 92.2.
B. The City is a municipal corporation which has received funds from the United States
Department of Housing and Urban Development ( "HUD ") pursuant to the Federal HOME Program,
42 U.S.C. Section 12701, et sect., to be used for the purposes of providing decent, safe and sanitary
housing to the citizens of Baldwin Park in accordance with the HOME Program.
C. By this Agreement, and subject to the terms and conditions herein, the City desires to
reserve financial assistance from the HOME Program to Developer in the amount of up to Fifty -one
Thousand Dollars ($51,000) to be used for the preparation of an affordable housing feasibility study
for certain sites within the City (the "Study ").
NOW, THEREFORE, the parties hereto agree as follows:
1. Reservation of Funds. The City hereby reserves the sum of
Fifty-one Thousand Dollars ($51,000) (the "Study Funds ") from the fiends allocated to the City in
Fiscal Year 2007108 pursuant to the HOME Program, for the use of the Developer. The delivery of
the Study Funds to or on behalf of the Developer is expressly conditioned upon the parties'
agreement upon a mutually acceptable Scope of Work for the Study and Schedule of Performance for
completion of the Study within thirty (30) days from the date of this Agreement. The Scope of Work
for the Study shall include the Developer's identification of potential sites for affordable housing
projects and types of potential projects which could be developed on such sites, meetings between
Developer and City officials and staff to select preferred sites and projects, Developer preparation of
site plans and architectural drawings for selected projects, and Developer preparation of pro forma
financial analysis of selected projects. The City intends that the reservation of the Study Funds
which is made pursuant to this Section 1 shall qualify as a "commitment" of funds pursuant to 24
CFR 92.2, as a written agreement reserving a specific amount of funds to a Community Housing
Development Organization.
2. Repayment of Funds. The Developer shall be obligated to repay to the City the full
amount of the Study Funds on or before (the "Repayment Date "),
except as otherwise provided herein. Repayment of the Study Funds shall not be required if either
(1) prior to the Repayment Date, the City determines, based upon the Study, that it is not feasible to
enter into an agreement with the Developer for the development of affordable housing on any of the
6003731120
sites analyzed in the Study, through no fault of the Developer, and the Developer is not otherwise in
default of this Agreement; or (2) the City and the Developer have by the Repayment Date entered
into an agreement pursuant to which the Developer will develop affordable housing on one or more
of the Study sites (an "Affordable Housing Agreement "), following negotiations are required by
Section 3 below, and the Affordable Housing Agreement sets forth the terms for the repayment of the
Study Funds, if any is required; or (3) the City and the Developer are unable to reach agreement on a
mutually acceptable Affordable Housing Agreement prior to the Repayment Date, despite their good
faith efforts to do so in accordance with Section 3 below, and Developer is not otherwise in default of
this Agreement.
3. City Cooperation and Discussion of Affordable Housing Agreement. The City
agrees to cooperate with the Developer in the preparation of the Study, and to supply the Developer
with any information and analyses the City has which are pertinent to the subject matter of this
Agreement. Upon the completion of the Study, the City and the Developer shall discuss and
negotiate with each other with respect to the terms of a potential Affordable Housing Agreement.
4. Nature of Agreement; Termination of Agreement. This Agreement is not intended
to constitute a binding agreement to convey any real property to the Developer, nor is it intended to
constitute a binding agreement to enter into an Affordable Housing Agreement or any other contract
except for the terms specifically set forth herein. Neither party shall be legally bound to consummate
the construction, development, acquisition, rehabilitation or operation of any real property unless and
until an Affordable Housing Agreement or other contract has been executed and delivered by both
parties. Each party reserves the right to, upon the default of the other party which has not been cured
by the time set forth in Section S hereof, terminate this Agreement upon thirty (30) days prior written
notice to the other party.
5. Default. Except to the extent required by law or otherwise permitted by this
Agreement, failure or delay by any party to perform any obligation imposed by this Agreement
constitutes a default under this Agreement. Prior to a failure or delay being deemed a default
hereunder, or the period to cure, correct or remedy being deemed to have commenced, the
nondefaulting party shall serve the defaulting party with notice of default. Upon receipt of notice of
default, the party who so fails or delays to perform must immediately commence to cure, correct or
remedy such failure or delay, and shall complete such cure, correction or remedy within thirty (30)
days. If the failure or delay is not cured, corrected or remedied within the required period of time,
the nondefaulting party may immediately terminate this Agreement and the defaulting party shall be
liable for any damages caused by such default. If the defaulting party is the Developer and the Study
has not been completed at the time of the default (after delivery of notice and expiration of the cure
period as set forth above), the Developer shall then immediately return to the City the Study Funds as
the City's sole remedy for such default, and no further notice of default or opportunity to cure shall
be required. Except as otherwise provided above, a nondefaulting party may, after notice and
opportunity to cure, thereafter commence an action for damages or for specific performance of this
Agreement.
6. Notices. Any notices, requests or approvals given under this Agreement fiom one
party to another may be personally delivered, deposited with the United States Postal Service for
mailing, postage prepaid, or sent by any other reasonably acceptable method to the address of the
other party as stated in this paragraph, and shall be deemed to have been given at the time of personal
delivery or three (3) days after the date of deposit for mailing. Notices shall be sent to:
6003731120
City: City of Baldwin Park
14403 Pacific Avenue
Baldwin Park, California 91706
Attention: Suzie Ruelas, Acting Housing Manager
Developer: The East Los Angeles Community Union
414 W. 0' Street, Suite L
Santa Ana, California 92701
Attention: Alex Hernandez
7. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action brought under this Agreement must be instituted in the Superior Court
of Los Angeles County, State of California.
S. Attorneys' Tees. If any legal action is brought to enforce, construe, interpret or
invalidate the terms of this Agreement, the prevailing party shall be entitled to all costs and expenses
incurred in any such action, including court costs and reasonable attorneys' fees, in addition to any
other relief to which such party may be entitled.
9. Interpretation. This Agreement shall be interpreted as a whole and in accordance
with its fair meaning and as if each party participated equally in its drafting. Captions are for
reference only and are not to be used in construing meaning.
. 10. Assignment Prohibited. In no event shall the Developer assign or transfer any
portion of Developer's rights or obligations under this Agreement without the prior express written
consent of the City, which consent may be withheld in the City's sole and absolute discretion. The
parties understand and acknowledge that the assignability of this Agreement and the HOME Program
funds reserved hereunder is governed by the requirements of the HOME Program.
11. Amendment of Agreement. No modification, rescission, waiver, release or
amendment of any provision of this Agreement shall be made except by a written agreement
executed by the Developer and the City.
12. Entire Agreement. This Agreement constitutes the entire understanding and
agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein
or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements
between the City and the Developer concerning all or any part of the subject matter of this
Agreement.
13. Term. This Agreement shall be effective on the date first set forth above, provided,
however, that if a Scope of Work for the Study and Schedule of Performance for completion of the
Study are not mutually agreed upon by the parties within thirty (30) days from such date, this
Agreement shall be deemed to have terminated and thereafter be of no further force or effect.
14. City Actions and Approvals. The Chief Executive Officer of the City shall have the
authority, on behalf of the City, to approve the Scope of Work and Schedule of Performance for the
Study, to make approvals, issue interpretations, waive provisions, and approve extensions of times of
performance required hereunder.
6003731120
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first set forth above.
CITY OF BALDWIN PARK, a California municipal
corporation
IN
ATTEST;
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
THE EAST LOS ANGELES COMMUNITY
UNION, a California nonprofit public benefit
corporation
By:
6003731120
P, A , R, K
TO:
FROM:
DATE:
SUBJECT:
PURPOSE
CITY OF BALDWIN PARK
CITY COUNCIL AGENDA
AUG 15 2007
ITEM NO. J.�
A GENDA STAFF REPORT
Honorable Mayor and City Council Members
Stephanie Scher, City Attorney
August 15, 2007
Repeal of Ordinance No. 1302
This report requests the City Council introduce for first reading Ordinance No. 1309
repealing Ordinance No. 1302 and corresponding sections of the Baldwin Park
Municipal Code relating to certain commercial solicitation.
BACKGROUND DISCUSSION
For many years the City Council has attempted to address the problems caused by
persons soliciting, e.g., offering to sell goods or services or seeking contributions, while
standing in areas where their presence creates an adverse impact on other users of the
property. In 1999, the Council approved ordinances which prohibited such solicitation
on the public rights -of -way and within certain commercial parking areas, utilizing
restrictions and language which had been upheld as constitutionally valid by the
California Court of Appeal. The ordinances were codified as Sections 97.135 through
97.138 of the Baldwin Park Municipal Code ( "BPMC ").
Subsequently, the federal district court held that type of ordinance was unconstitutional,
and the City ceased enforcing it. The problems created by solicitation in those areas,
however, remained, and earlier this year the City Council attempted to address them
through different mechanisms, contained in Ordinance No. 1302
Ordinance No. 1302 was challenged in federal court, and a preliminary injunction
issued. The City and the plaintiffs have agreed to settle the lawsuit by the City
repealing Ordinance No. 1302, in return for which the plaintiffs will dismiss their suit and
not seek attorneys' fees. The settlement does not prohibit the City from continuing to
seek mechanisms to regulate the problems sought to be addressed by Ordinance No.
1302.
Agenda Staff Report
Ordinance No. 1309
Page 2
RECOMMENDATION
Staff recommends City Council introduce for fi
"AN ORDINANCE OF THE CITY COUNCIL
CALIFORNIA, REPEALING ORDINANCE
MUNICIPAL CODE SECTIONS 97.135
COMMERCIAL SOLICITATION."
Affachment(s)
Ordinance No. 1309
rst reading Ordinance No. 1309 entitled
OF THE CITY OF BALDWIN PARK,
NO. 1302 AND BALDWIN PARK
THROUGH 97.138 RELATING TO
ORDINANCE NO. 1309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, REPEALING
ORDINANCE NO. 1302 AND BALDWIN PARK
MUNICIPAL CODE SECTIONS 97.135 THROUGH
97.138 RELATING TO COMMERCIAL SOLICITATION
SECTION 1, Ordinance No. 1302 entitled "An Ordinance of the City Council of
the City of Baldwin Park, California Amending Sections 97.135, 97.136, and 97.137 of
the Baldwin Park Municipal Code Relating to Places Permitted for Commercial
Solicitation" is hereby repealed.
SECTION 2. Baldwin Park Municipal Code Sections 97.135 through 97.138 are
hereby repealed.
SECTION 3. This ordinance shall go into effect and be in full force and operation
from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED on the day of , 2007
MANUEL LOZANO, MAYOR
Of 067/0024/52259.01
Ordinance No. 1309
Page 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance No. 1309 was introduced at a
regular meeting of the City Council held on August 15, 2007, and was adopted by the
City Council at its regular meeting held on , 2007, by the following vote of
the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ROSEMARY M. GUTIERREZ
CHIEF DEPUTY CITY CLERK
AGENDA
BALDWI N PARK
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING
AUGUST 15, 2007
7:00 P.M.
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
Manuel Lozano
- Chair
Marlen Garcia
- Vice Chair
Anthony J. Bejarano
- Member
David J. Olivas
- Member
Ricardo Pacheco
- Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the
Commission or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the Commission or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
pars hablar sabre cualquier asunto publicado en la
agenda o cualquier tema que este bajo su junsdiccion.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podra hacerlo durante el
perlodo de Comentarios del Publico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un interprete para su conveniencia.
Community Development Commission Agenda — August 15, 2007
Page 1
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING -- 7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco,
Vice -Chair Maslen Garcia and Chair Manuel Lozano
ANNOUNCEMENTS
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos ser6 el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
['Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
No se podra tomar acci6n on algun asunto a menos que sea incluido en la agenda, o a menos que exista
alguna emergenci o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar
asuntos Para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the Commission and will be approved with one motion.
There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item
will be removed from the general order of business and considered in its normal sequence on the agenda.
1. MINUTES
Staff recommends Commission approve the minutes of the August 1, 2007 meeting
(Regular & Special).
2. WARRANTS & DEMANDS
Staff recommends Commission receive and file the report.
ADJOURNMENT
Community Development Commission Agenda — August 15, 2007 Page 2
CERTIFICATION
I Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park hereby certify
under penalty of perjury under the laws of the State of California, that the foregoing agenda
was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated
this 9th day of August, 2007.
Rosemary M. Gutierrez
Chief Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each
item on this agenda are available for public viewing and inspection at City Hall, 2"d Floor
Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For
further information regarding agenda items, please contact the office of the City Clerk at
626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e-mail at r utierrez baldwin ark.com
or Inieto(a)baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Public Works Department or Risk Management at
626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable
arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE li)
Community Development Commission Agenda — August 15, 2007 Page 3
CITY OF BALDWIN PARK
COMMUNITY DEVELOPMENT
COMMISSION
MINUTES
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
AUG 15 2007
WEDNESDAY, AUGUST 0'I
ITEM
7:00 p.m. COUNCIL
CHAMBERS
11403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Chair
David J. Olivas, Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met
in REGULAR SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Member Bejarano, Member Olivas, Member Pacheco, Vice Chair
Garcia, Chair Lozano.
Absent: None.
Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City
Attorney, Manuel Carrillo Jr., Director of Recreation & Community
Services, William Galvez, Public Works Director, Chief Lopez,
Marie Contreras, City Treasurer, Susan Rubio, City Clerk,
Rosemary Gutierrez, Chief Deputy City Clerk,
PUBLIC COMMUNICATIONS
NONE
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Vice Chair Garcia.
1. MINUTES
Commission approved the minutes of the July 18, 2007 meeting (Regular &
Special).
REPORTS OF OFFICERS
2. CONCEPTUAL REVIEW FOR A PROPOSED ROOF CANOPY FOR
MECHANICAL EQUIPMENT WITHIN THE SIERRA VISTA REDEVELOPMENT
PROJECT AREA; LOCATION: 13502 HAMBURGER LANE; APPLICANT:
Page 1 of 2
LEO A. LAURE, REPRESENTING IN -N -OUT BURGER; CAE NO.: PR 07 -30
City Planner Harbin presented the report.
Motion: A motion was made to waive further reading, read by title only and
adopt Resolution No. 430 entitled, "A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK
CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE
CONSTRUCTION OF A ROOF CANOPY FOR MECHANICAL EQUIPMENT
WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA;
LOCATION: 13502 HAMBURGER LANE; CASE NO.: 07 -30; APPLICANT:
LEO A. LAURE, REPRESENTING IN -N -OUT BURGER ".
Moved by Chair Lozano, seconded by Member Pacheco.
ADJOURNMENT
There being no other matters for discussion, the meeting was adjourned at 8:05
p.m.
Approved as presented by the Commisison at their meeting held August 15, 2007.
Laura M. Nieto
Deputy City Clerk
Page 2 of 2
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
WEDNESDAY, AUGUST 01,
2007
6:00 p.m. COUNCIL
CHAMBER
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor/Chair
David J. Olivas, Mayor Pro Tem /Vice Chair Anthony J. Bejarano, Marten Garcia, Ricardo Pacheco
Council Members /Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of
Baldwin Park met in SPECIAL SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Council Member/Member Bejarano, Council Member/Member
Olivas, Council Member/Member Pacheco, Mayor Pro TemNice
Chair Garcia, Mayor/Chair Lozano.
Absent: None.
Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City
Attorney, Susan Rubio, City Clerk.
PUBLIC COMMUNICATIONS
NONE
ADJOURN TO CLOSED SESSION OF THE CITY CO. UNCIL AND COMMUNITY
DEVELOPMENT COMMISSION
1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957)
Title: Community Development Manager
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC
§54956.9(a))
Name of Case: National Day Laborer Organizing Network v. City of Baldwin
Park
Case Number: CV 07 -4135 JSL (MANx)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Properties:
California Dream Homes Llc
4213 Bogart Ave
Page 1 of 4
Lissette Sandoval
4223 Bogart Ave
Griselda Banuelos
4227 Bogart Ave
Victor & Cecilia Ortiz
4235 Bogart Ave
Agnes V Agra
4237 Bogart Ave
Manuel & Irene Escobedo
4243 Bogart Ave
Loera
4249 Bogart Ave
Maria E Burgos
14530 Clark St
Luis & Irma Delgado
4156 Bogart Ave
Juan M & Guadalupe Gutierrez
4134 Bogart Ave
Joaquin A & Eleuteria Martinez
4130 Bogart Ave
Jose L Castaneda
4126 Bogart Ave
Wallis C & Jolene Hannah
4118 Bogart Ave
Elizabeth B Cummins
4139 Downing Ave
Sonia Lopez
4129 Downing Ave
Eladio J Velazquez
4123 Downing Ave
Jose & Mariana Sanchez
4109 Downing Ave
Raymond E & Monica Alber
4113 Downing Ave
Refugio Baca
14618 Clark St
Benjamin & Helene Stovitz 1 Stovitz Family Trust
14606 Clark St
Ismael Gallegos
4212 Bogart Ave
Vidal & Gilbert Ramirez
14626 Clark St
Atanacio B & Reina Gonzales
4243 Downing Ave
Edwin L & Margaret Williams
4239 Downing Ave
Pedro Ibarra
4142 Downing Ave
Rafael & Maria Verduzco
4148 Downing Ave
Page 2 of 4
Maria J Gonzalez
4214 Downing Ave
Gloria Abasta
4218 Downing Ave
Joe Y & Maria Ikari
4230 Downing Ave
Teresa Hermosillo
4236 Downing Ave
Jose A & Maria Jimenez
4242 Downing Ave
Louise V Sagade
14714 Clark St
Severo & Liboria Hernandez
4228 Downing Ave
Benito Santos
4145 Alderson Ave
Ralph G & Alice Baca
4227 Alderson Ave
Mary H Valencia
4137 Puente Ave
Sumikat Dejesus
4217 Park PI
Jesus G Llamas
4229 Park PI
Juan J Curiel
4232 Park PI
Fernando Robles
4226 Park PI
Rivas
4218 Park PI
Jose & Irma Munoz
4219 Bogart Ave
Bobette M Wright
14445 Palmrose Ave
Melba & Glen Johnson
14405 Palmrose Ave
Rosie Leon
14451 Palmrose Ave
Jose Raygoza
4140 Bogart Ave
Salvador & Eva Cordova
4232 Bogart Ave
Refugio I & Maria Soria
4228 Bogart Ave
Refugio Baca
4227 Downing Ave
Josephine Zavala
4203 Downing Ave
Luis Moya
4147 Downing Ave
Page 3 of 4
Lydia Gallegos
4134 Downing Ave
Manuel L & Hermilia Mota
15010 Ramona Blvd
Park Ramona Inc
14825 Ramona Blvd
Narendra & Usha Gupta
4143 Maine Ave
Narendra & Usha Gupta
4149 Maine Ave
Negotiators: Vijay Singhal, Stephanie Scher and Joe Pannone
Negotiating Party: Bisno Development Co., LLC
Under Negotiation: Price & Terms of Conveyance of property
4. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6)
Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler
and
other representatives as designated
Employee Organizations: SEIU, Clerical; Professional and Technical
Employees; Police Management Employees; Confidential Employees; Baldwin
Park Police Officer's Association and General Management Employees
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
City Attorney Scher reported that the Council met in closed session to discuss
the Public Employee appointment and direction was given; the Council met with its
Real Property Negotiators and direction was given. Conference with Labor
Negotiator was continued to the end of the regular meeting.
ADJOURNMENT
There being no other matters for discussion, the meeting was adjourned at 10:00
p.m.
Approved as presented by the Council /Commission at their meetings held August
15, 2007.
Laura M. Nieto
Deputy City Clerk
Page 4 of 4
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
AUG 15 2007
COMMUNITY DEVELOPMENT C (TWAM
CITY OF BALDWIN PARK
August 15, 2007
WARRANT REGISTER NO. 664
w.. -- --------------------- - - - - -- - - - --
Veiidi Vendor N -,,r:. hmntl Pa eu Dank Check4 Chk Date Check ArPi 3rlt SeP
4748 ALf-'j1"3,E & ltiYNDER, LLP RA 012215 06/27/07 14,540.00
clal,01 Gerl�eral DHcription
24044 ARIL LEG,4L SRV
POn St<,t Contract0 lnvoicci
lrwc Dt
61011
04/20/07
GL DIstrihution
Gross Amount
206- 36A -5010A
i H
2 17 4 ..0 Of % .. J
Sr 0A
q
! V
206- OOA-410OA
4,400.00
201 0OA, -502Oil
16.66
202-00A;5020A
16.66
20 3.. 0OA-,5020A
16.66
20510A-5020A
16.66
Claim"If Ge ;n ral Description
B4045 HAR /APR SZV DOWNTOWN VILLAGE PRJ
Pfd stat 0,- Itractx, Invoice#
Ctl]S
GL Di:°tHbution
201-00A -2010A
claw wie.ral Descripti%
B404G MAI LEGAL SRV SIERRA VISTA /=
Pol Stat contraM Invoic0
7052
GL Distri`rutiorl
206- 36A -5010A
204- 00A -5010A
Claimi General Description
24047 I0A`7 SRV- NEWINARK HE:RRILL EMA
P00 Sta:t isontract4 Irlvoice9
7062
GL Distribution
2116- 00A -4100A
Clain "t Otti- Ictral Description
04040 LEGAL SRV R1AY LEGAL SRV
Gross Amburlt Discount Aml. Discouilt Used Not rImoull1,
5,400.00 0.00 5,480M
Work, Ordera AcMA OuscOptiorl,
APR LEGAL SRV
APR LEGAL Y
APR LEGAL SRV
APR LEGAL JORV
APR LEGAL SRV
APR LEGAL '�31 .1V.
APR LEGAL SRV
Invc Dt Gron Amount Miscount Amt Discount hed Net Amount
04120107 5,520.00 0,00 ",r520.00
Gross Arilount WorR Order, ActCd Description
5,520.00 MAR /APR DOWNTOWN VILLAGE PRJ
Invc Dt Gross Amount Discount Amt Discount Used Not Amount
06100/07 340.00 0,00 340.00
Gross Amount Work Orders ActCd Description
260.00 HAY SRV SIERRA VISTA /CBD
00.00 NA11' SRV SIERRA VISTA/QjP
Invc Dt Grosz Amount Discount Ant Discount Used Net Amount
06/00/07 540,00 0100 940.00
Gross Amount Work Order;., ActCd Description
940,00 NAY SRV IdEWItARit MERRILL ENA
00i Shit contract4 invoice$ Invc Dt dross Amount Discount Amt Discount Used Net Mlount
7055 06102107 2,260.00 0.00 2,260.00
GL Dis'tri1,ution Gross Amount Work Order4 ActCd Description
201- OOA -2010A 2r2`�0.00 HAY LEGAL SRV
Warrants Register No. 664,
Page 2
Vondf Vendor Name Remits Payee Bank Checks Chk Date Check Aiwvnt Sep
0949 ESA RA 012814 06/27/07 51,443,26
G1a M General Description.
84049 111Q /APR SRV CEI#TRAL BUS DIST
Ml SLit Contract d,Invo-1 col' Invc Ot Grosz Amount
76119 04/30/07 20,657.45
7143s 05/24/07 A' 78531
r,1_ Distribution Gross Amount Work Order9 Ac
201- COA -2O10A 59,40,26
vends vendor rage Remiti Payee
3597 GRC REDEVELOPMENT 01,;ULTANTS, ING
Glaifl& General Description
,84050 REDV C0NSULTANTS SRV DOWNTOWN VILLAGE PRJ MAY. /JUN 01
Discount Amt Discount Used filet Amount
0.RR00 20,657.45
V.4O ?P r76J.61
,Cd Description
MAR /APR SR CENTRAL DOS DIST
Bank Checks Ghk Date Check Amount Sep
RA 012615 06127/07 22,544.73
PH Stat Contract#
Invoice##
Invc Dt
Grass Amount Discount Ant Discount Used
Net Amount
'
Fa(r20070i °1
05 /ri1j07
9r036.04 0.00
9,036.0�,t
BP200701•2.
06/30/07
13,500.69 0.00
13,508.19
GL Distribution
Grass Amount
Work 0rder0 Acted Description
201-OOA -2010A
22,544.73
HAY/JUN D0WNT0WN VILLAGE PhtJ
ven61 volidor Name
Ream Payee
Bank check0
Chk Date Check Amount. Sc4�
11757 SIERRA CENTER INVEST #•LENTS, M
RA 01201.6
06/27107 6€)7.63
Claim# Gr;nel'al DeSCription
MIMI POLICE ',UB- STATION
P00 Stat Coritract0 Invoicc4 Invc 0t Gross Amount Discount Amt Discount Used Net Amount
0 06/14/07 657.53 0.00 657.03
GL Distrilution Gross AcouDl Work Ordert ActCd Description
206 °36A °5010A 657.83 POLICE SUB - STATION
VendO Vendor Name RM 1 1 Payee Banc, Check# Chk Date Check Amount Sep
277:' 500Ti1ER11 CALIFORNIA EDISON GOi1RM RA 012817 06/27/07 5,26
"laim4 General Description
84052 1.6v 5/6/07 - 6/7/07 4500 BRESEE
Y04 Stat contract; Invoice8 Invc Dt Gross Amount Discount Amt Discount Used Net Amount
0 06/09/07 5.21 0.09 5.26
GI. Di tributio;l Gross Amount Mork Ordert Acted Description
261 °00A -5100A 5,25 5RV 510-.6/7/07
Warrants Register No. 664
Page 3
Vend# Vendor Nane Remitl Payee Dank Check# Chk Irate Check Amount Sep
3323 J.C,'S PLUNDING AND DACKFL °JN RA 012919' 07/10/07 145,87
Claim# General Description
84082 9RV 4500 BRESEE
,laimf General Description
84596 PLAN EIR PROJECT
POI Stat Contract4 Invoico# Invc Dt Gross Amount Discount Amt Discount Used Net Amount
76710 06/21/07 44,878,01 0,00 44,878.01
GL Distribution Gross Amount Work Order# ActCd Description
201- 00A -2010A 44,878.01 PLAN EIR PROJECT SERV 5/1 " 5/31f2607
5
PO# Stat Contract#
Invoice0
Invc Dt
Gross Amount
Discount Amt
Discount Used
Not Amount
6368
06/21/07
143.87
0.00
14.3.87
GL Distribution
Gross Amount
Work- Order# ActCd
Description
281- 00A -5100A
143.07
SRV 4500 Bt1ESEE
AV
Vend#
Vendor Name
Rerrit0 Payee
Dank Check#
Chk irate Check
Anaunt Sep
617
MARIPOSA HORTICULTURAL
RA 012020
07/10/07
150.00
Claim#
General Description
84483
JUNE NAINT
P01 Stat Contract4
Invoiced
Invc Dt
Gross Amount
Discount Amt
Discount Used
Net Amount
14579 C
58419
06/36/07
150.00
0.00
150.00
GL Distributioa
Gros: Amount
Work Orderf ActCd
Oescription
201-00-5100A.
150.00
1 EA CONTINUATION
OF NONTHLY MAINTENANCE OF
PROPERTY AT
4500 DRESEE
AV fROP H0ME1
. .... .,- -- - -•.
----------------------
Vendf
Vendor Name
------------
---------- ----
Remit#.Payee
___-- _,_- _- ___- ____-
.......... r....-----
-.- _________ -____
bank Checkf
--------------
Chk Date Check
Amount Sep
8757
SIERRA CENTER INVESTMENTS, LLC
RA 012821
07/10/07
520.00
ilairr14
General Description
E14004
JULY SUB -•STA RENT
PO& Stat Contract;}
Invoice#
Invc Dt
Gross Amount
Discount Amt
Discount Used
Net Amount
0
O.6/21107
52030
0.00
520.00
GL Distribution
Gross Amount
Work Orderf ActCd
Description
7.06- 36A -5010A
520.00
JLY RENT SUP,
- STATION
V(lnd#
Vendor Name
Remitf Payee
Dank Check#
Chk Date Check
bount Sep
8949
E5A
RA 012023'
07/26/07 44,878.01
,laimf General Description
84596 PLAN EIR PROJECT
POI Stat Contract4 Invoico# Invc Dt Gross Amount Discount Amt Discount Used Net Amount
76710 06/21/07 44,878,01 0,00 44,878.01
GL Distribution Gross Amount Work Order# ActCd Description
201- 00A -2010A 44,878.01 PLAN EIR PROJECT SERV 5/1 " 5/31f2607
5
Warrants Register No. 664
Page 4
Vood§
Vendor Name Remitli Payee
Bank
Check9
Chk Date
Check Mount Sep
348
FEDERAL EXPRESS CORP
RA
012824
97126147
46,36
Claiml General Description
94597 SER ; °: JOSIIUS LENTZ
Poi Stat coritract9 Invoice§ Invc Dt Gross Amount Discount Ant Discount Used , Net Amount
2. °.145-87098 07/13/07 4636 0.00 46.36
GL Distribution Gross Amount Work Orderf Act C4 Description
141.4$- 5210025 46.36 TRACKING ID: 850815176201 & 850015176242
Vend§ Vendor Nave RemitO Payee Bank Check# Chk Date Check Amount Sep
3597 M, REDEVELOPMENT CONSULTANTS >, INC. RA 012825 0712.6/07 12,E9S.95
1aimi General Description
84598 SERV FOR THE DOWNTOWN VILLAGE PROJECT
r
PO# Stat Contract§ Invoice0 Invc Dt
Bi:rl00701 -3 07/01/07
GL Distribution Gross Amount
201- 49A -2010A 12,899.15
Vond4 Vendor Name Remits: Payee .
2773 SOUTHERN CALIFORNIA EDISON 0 IPANY
Gross Amount Discount Ant Discount Used Net Amount
12,899.15 0.00 12,899.15
Work OrderD ActCd Description
SER FOR THE DOWNTOWN VILLAGE PROD JULY07
Bank Check§ Chk Date Chuck bount Sep
RA 012826- 071261107 7,46
JlaimB General Description
84599 .4500 BRCSEE AVE SERV 617 7/10/07
POI Stat Contract§ Invoiced . Invc Dt Gross Amount Discount Ant: Discount Used Net Amount
0 07/26/07 7.46 0.00 7.46
GL Distribution Gross Amount Work Order§ ActCd Description
M -00A -5100A 7,46 4500 BRESEE SERV 6/7/07 - 7/10107
AGENDA
BALDWIN PARK
FINANCE AUTHORITY
AUGUST 15, 2007
REGULAR MEETING
COUNCIL CHAMBER
7:00 P.M.
n
3'�;1� i:�, ii
Manuel Lozano
- Chair
Marlon Garcia
- Vice Chair
Anthony J. Bejarano
- Member
David J. Olivas
- Member
Ricardo Pacheco
- Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this agenda
on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address
the City Council or any of its Agencies, you may do
so during the PUBLIC COMMUNICATIONS period
noted on the agenda. Each person is allowed five
(5) minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
Finance Authority Agenda —August 15, 2007
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda
o cualquier terra que este bajo su jurisdiccion. Si usted
desea la oportunidad de dirigirse al Concilio o alguna
de sus Agencias, podra hacerlo durance el poriodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar par cinco (5) minutos. Hay un intcrprete para su
convoniencia.
FINANCE AUTHORITY
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL: Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco,
Vice -Chair Marlen Garcia and Chair Manuel Lozano
ANNOUNCEMENTS
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutes sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION
No se podra tomar action en algun asunto a menos que sea incluido en la agenda, a a menos que exista
algGna emergeocia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar
asuntos para tomar en consideration en juntas proximal. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the Commission and will be approved with one motion.
There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item
will be removed from the general order of business and considered in its normal sequence on the agenda.
1. MINUTES
Staff recommends Authority approve the minutes of July 18, 2007 (Regular).
REQUESTS AND COMMUNICATIONS
ADJOURNMENT
Finance Authority Agenda — August 15, 2007 2
CERTIFICATION
1, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park hereby certify
under penalty of perjury under the laws of the State of California, that the foregoing agenda
was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated
this 91" day of August, 2007.
�it.JP2'&"
Rosemary M. Gutierrez
Chief Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each
item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor
Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For
further information regarding agenda items, please contact the office of the City Clerk at
626.960.4011, ext. 108 or 466 or via email at Lgutierrez@baidwinpark.com or
Inieto@baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Public Works Department or Risk Management
at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make
reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE ll)
Finance Authority Agenda — August 15, 2007 3
CITY OF BALDWIN PARK
FINANCE AUTHORITY
MINUTES
FINANCING AUTHORITY
AGENDA
AUG 15 2007
WEDNESDAVM,M
2007
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Marion Garcia, Mayor Pro Tom Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR
SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATIONS
CONSENT CALENDAR
Motion: Approve Consent Calendar
Moved by Chair Lozano, seconded by Vice Chair Garcia.
1. MINUTES
Authority approved the minutes of June 20, 2007 (Regular).
ADJOURNMENT
There being no other matters for discussion, the meeting was adjourned at 9:41
p.m.
Approved as presented by the Authority at their meeting held August 15, 2007.
Laura M. Nleto
Deputy City Clerk
Page 1 of 1
AGENDA
BALDWIN PARK
HOUSING AUTHORITY
AUGUST 15, 2007
REGULAR MEETING
COUNCIL CHAMBER
7:00 P.M.
Manuel Lozano
- Chair
Marlon Garcia
- Vice Chair
Anthony J. Bejarano
- Member
David J. Olivas
- Member
Ricardo Pacheco
- Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this agenda
on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address
the City Council or any of its Agencies, you may do
so during the PUBLIC COMMUNICATIONS period
noted on the agenda. Each person is allowed five
(5) minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
Housing Authority Agenda --- August 15, 2007
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que este bajo su jurisdicci6n. Si usted
desea la oporfunidad de dirigirse al Concilio o alguna de
sus Agencies, podr6 hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar per cinco (5) minutos. Hay un int6rprete para su
conveniencia.
HOUSING AUTHORITY
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco,
Vice -Chair Marlen Garcia and Chair Manuel Lozano
ANNOUNCEMENTS
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos serA el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or
questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a
future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
No se podra fomar action en algun asunto a menos que sea incluido en la agenda, o a menos que exista
alguna emergencia o circunstancia especial. El cuerpo legislative y su personal podran: 1) Responder
brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar
asuntos para fomar en consideration en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the Commission and will be approved with one motion.
There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item
will be removed from the general order of business and considered in its normal sequence on the agenda.
1. MINUTES
Staff recommends Authority approve the minutes of July 18, 2007 (Regular).
2. BALDWIN PARK HOUSING AUTHORITY'S SECTION 8 HOUSING CHOICE
VOUCHER PROGRAM ADMINISTRATIVE PLAN
Staff recommends Authority approve the updated Administrative Plan for the Section 8
Housing Choice Voucher Program.
REQUESTS AND COMMUNICATIONS
ADJOURNMENT
Housing Authority Agenda — August 15, 2007 2
CERTIFICATION
1, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park hereby certify
under penalty of perjury under the laws of the State of California, that the foregoing agenda
was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated
this 9t" day of August, 2007.
`` UU
Rosemary ry M. Gutierrez
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on
this agenda are available for public viewing and inspection at City Hall, 2"f Floor Lobby Area or at
the Los Angeles County Public Library in the City of Baldwin Park. For further information
regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 908 or
via e -mail at Lgutierrez a@baldwinoark.com or inieto cnr.baldwinpark.com .
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Public Works Department or Risk Management at
626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable
arrangements to ensure accessibility to this meeting. (28 CFR 34.902.104 ADA TITLE 11)
Housing Authority Agenda — August 15, 2007 3
CITY OF BALDWIN PARK
HOUSING AUTHORITY
MINUTES
MOUSING AUTHORITY
AGENDA
AUG 1 5 007
WEDNESDAf(EM y 18
200
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Marlen Garcia, Mayor Pro Tom Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR
SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Member Beiarano, Member Olivas, Member Pacheco, Vice Chair
Garcia, Chair Lozano.
Absent: None.
Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City
Attorney, Manuel Carrillo Jr., Director of Recreation & Community
Services, William Galvez, Public Works Director, Chief Lopez,
Marie Contreras, City Treasurer, Susan Rubio, City Clerk,
Rosemary Gutierrez, Chief Deputy City Clerk.
PUBLIC COMMUNICATIONS
NONE
CONSENT CALENDAR
Motion: Approve Consent Calendar
Moved by Chair Lozano, seconded by Member Pacheco.
1. MINUTES
Authority approved the minutes of June 20, 2007 (Regular).
ADJOURNMENT
There being no other matters for discussion, the meeting was adjourned at 9:42
p.m.
Approved as presented by the Authority at their meeting held August 15, 2007.
Page 1 of 2
Laura M. Nieto
Deputy City Clerk
Page 2 of 2
i
it 4
B_ALDWIN
P,A•R,K
TO:
FROM:
DATE:
CITY OF BAL.DWIN PARK
Honorable Chair and Members of the Boa
Suzle Ruelas, Acting
August 15, 2007
Housing Manager
HOUSING 'OTHORITY
AGItNDA
AUG 1 5 2007
5��.��REPO�RT -"
SUBJECT: Baldwin Park Housing Authority's Section 8 Housing Choice Voucher
Program Administrative Plan
PURPOSE
This report requests that the Housing Board consider the approval of the updated
Administrative Plan for the Section 8 Housing Choice Voucher Program.
BACKGROUND/ DISCUSSION
The Baldwin Park Housing Authority (BPHA), known as the Public Housing Agency
(PHA), receives its funding for the Housing Choice Voucher (HCV) program from the
Department of Housing and Urban Development (HUD). The BPHA is not a federal
department or agency. A public housing agency is a governmental or public body,
created and authorized by state law to develop and operate housing and housing
programs for low - income families. The BPHA enters into an Annual Contributions
Contract with HUD to administer the program requirements on behalf of HUD. PHA's
must ensure compliance with federal laws, regulations and notices and must establish
policy and procedures to clarify federal requirements and to ensure consistency in
program operation.
This draft update of the Administrative Plan satisfies the requirements for the Section 8
Housing Choice Voucher Program. The current Plan was created in 2000. Since then,
many laws and regulations have been created and/or revised, however were never
applied to the current Plan. Included in the updated Plan are the following topics:
• Fair Housing
• Eligibility
• Application Waiting List and Selection
• Briefing and Voucher
• Income and Subsidy Determination
• Verification
• Housing Quality Standards (HQS) and
• Leasing Policies
Rent Reasonableness
HCN Admin Plan -- August 15, 2007
Page 2 of 2
• Moving and Portables
• Reexaminations
• Terminations
• Owner
• Program Integrity
• Special Housing Types
• Program Administration
Because of the length of time between updates, there are many differences between
the current Plan and the updated Plan. Identified below are the key differences
proposed:
• Preferences have been revised to include veterans
• More stringent Housing Quality Standards
• Stronger fraud and crime prevention
• Created Payment Thresholds for fraud repayments
• Streamlined and clearly defined procedures
■ Family Self- sufficiency and Homeownership Program
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
It is recommended that the Housing Board approve the updated Administrative Plan for
the Section 8 Housing Choice Voucher Program.
Attachments
Section 8 Housing Choice Voucher Administrative Plan
Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
The Baldwin Park Housing Authority (BPHA), known as the Public Housing Agency
(PHA), receives its funding for the Housing Choice Voucher (HCV) program from the
Department of Housing and Urban Development (HUD). The BPHA is not a federal
department or agency. A public housing agency is a governmental or public body,
created and authorized by state law to develop and operate housing and housing
programs for low- income families. The PHA enters into an Annual Contributions
Contract with HUD to administer the program requirements on behalf of HUD. The PHA
must ensure compliance with federal laws, regulations and notices and must establish
policy and procedures to clarify federal requirements and to ensure consistency in
program operation.
This chapter contains information about the PHA and its programs with emphasis on the
HCV program. It also contains information about the purpose, intent and use of the plan
and guide.
There are three parts to this chapter:
Part I: The Public Housing Agency PHA . This part includes a description of the
PHA, its jurisdiction, its programs, and its mission and intent.
Part ll: The HCV Program. This part contains information about the Housing
Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. This part discusses the purpose and
organization of the plan and its revision requirements.
PART I: THE PHA
1 -I.A. OVERVIEW
This part explains the origin of the PHA's creation and authorization, the general
structure of the organization, and the relationship between the PHA Board and staff.
1 -I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The Section 8 tenant -based Housing Choice Voucher (HCV) assistance program is
funded by the federal government and administered by the Baldwin Park Housing
Authority for the jurisdiction of the cities of Baldwin Park, West Covina, El Monte, South
El Monte, and Monrovia in the County of Los Angeles.
The officials of a PHA are known as the Housing Authority Board. Board members are
appointed in accordance with state housing law and generally serve in the same
capacity as the directors of a corporation, establishing policies under which the PHA
conducts business, ensuring that policies are followed by PHA staff and ensuring that
Page 1 of 9
the PHA is successful in its mission. The Board is responsible for preserving and
expanding the agency's resources and assuring the agency's continued viability.
Formal actions of the PHA are taken through written resolutions, adopted by the Board
and entered into the official records of the PHA.
The principal staff member of the PHA is the executive director (ED), hired and
appointed by the Board. The executive director is directly responsible for carrying out
the policies established by the Board and is delegated the responsibility for hiring,
training and supervising the remainder of the PHA's staff in order to manage the day -to-
day operations of the PHA to ensure compliance with federal and state laws and
directives for the programs managed. In addition, the executive director's duties include
budgeting and financial planning for the agency.
1 -I.C. PHA MISSION
The Baldwin Park Housing Authority's mission statement is to provide safe, decent and
sanitary housing conditions for very low- income families and to manage resources
efficiently. The PHA is to promote personal, economic and social upward mobility to
provide. families the opportunity to make the transition from subsidized to no.n
subsidized housing.
1 -I.D. THE PHA'S PROGRAMS
The following programs are included under this administrative plan:
The Baldwin Park Housing Authority's administrative plan is applicable to the
operation of the Housing Choice Voucher program. In addition, the administrative
plan addresses policies for the following special programs, which are optional for
the BPHA to implement:
Single room occupancy
Congregate housing
Group home
Cooperative housing (excluding families that are not cooperative members)
Homeownership
Family Self- Sufficiency Program (the policies set forth in this Plan do pertain to
families participating in the FSS Program. However, there is an FSS Action Plan,
which addresses the operations and guidelines of the FSS program
Page 2 of 2
I-I.E. THE PHA'S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to HCV
program participants — families and owners — in the community. The PHA's standards
include:
• Administer applicable federal and state laws and regulations to achieve high ratings
in compliance measurement indicators while maintaining efficiency in program
operation to ensure fair and consistent treatment of clients served.
• Provide decent, safe, and sanitary housing — in compliance with program housing
quality standards — for very low income farimilies while ensuring that family rents are
fair, reasonable, and affordable.
• Encourage self sufficiency of participant families and assist in the expansion of
family opportunities which address educational, socio - economic, recreational and
other human services needs.
• Promote fair housing and the opportunity for very low- income families of all ethnic
-backgrounds to experience freedom of housing choice.
• Promote a housing program, which maintains quality service and integrity while
providing an incentive to private property owners to rent to very low- income families.
• Promote a market - driven housing program that will help qualified low-income
families be successful in obtaining affordable housing and increase the supply of-
housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and
community support in accomplishing the PHA's mission.
• Attain and maintain a high level of standards and professionalism in day -to -day
management of all program components.
• Administer an efficient, high - performing agency through continuous improvement of
the PHA's support systems and commitment to our employees and their
development.
The PHA will make every effort to keep program participants informed of HCV program
rules and regulations, and to advise participants of how the program rules affect them.
PART II. THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1 -II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The United States Housing Act of 1937 (the "Act ") is responsible for the birth of federal
housing program initiatives. The Act was intended to provide financial assistance to
states and cities for public works projects, slum clearance and the development of
affordable housing developments for low- income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally
assisted housing program — the Section 8 Existing program (also known as the Section
Page 3 of 3
8 Certificate program). The HCD Act represented a significant shift in federal housing
strategy from locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly
to private owners of rental housing, where this housing was made available to lower -
income families. Eligible families were able to select housing in the private rental
market. Assuming that the housing met certain basic physical standards of quality
( "housing quality standards ") and was within certain HUD - established rent limitations
( "fair market rents "), the family would be able to receive rental assistance in the housing
unit. Family contribution to rent was generally set at 30 percent of the family's adjusted
income, with the remainder of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance
remained with the eligible family, if the family chose to move to another privately -owned
rental unit that met program requirements (in contrast to the public housing program
where the rental assistance remains with the unit, should the family decide to move).
Consequently, the Certificate program was characterized as tenant -based assistance,
rather than unit -based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new-version
of tenant -based assistance — the Section 8 Voucher program. The Voucher program
was'very similar to the Certificate program in that eligible families were able to select
housing in the private rental market and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection.
Rental housing still had to meet the basic housing quality standards, but there was no
fair market rent limitation on rent. In addition, family contribution to rent was not set at a.
limit of 30 percent of adjusted income. Consequently, depending on the actual rental
cost of the unit selected, a family might pay more or less than 30 percent of their
adjusted income for rent.
From 1987 through 1999, public housing agencies managed both the Certificate and
Voucher tenant -based assistance programs, with separate rules and requirements for
each. From 1994 through 1998, HUD published a series of new rules, known as
"conforming" rules, to more closely combine and align the two similar housing programs,
to the extent permitted by the law.
In 1998, the Quality Housing and Work Responsibility Act ( QHWRA) — also known as
the Public Housing Reform Act — was signed into law. QHWRA eliminated all statutory
differences between the Certificate and Voucher tenant -based programs and required
that the two programs be merged into a single tenant -based assistance program, now
known as the Housing Choice Voucher (HCV) program.
The HCV program was modeled closely on the pre - merger Voucher program. However,
unlike the pre - merger Voucher program, the HCV program requires an assisted family
to pay at least 30 percent of adjusted income for rent.
The transition of assistance from the Certificate and Voucher programs to the new HCV
program began in October 1999. By October 2001, all families receiving tenant -based
assistance were converted to the HCV program.
Page 4 of 4
1 -II.B. HCV PROGRAM BASICS
The purpose of the HCV program is to provide rental assistance to eligible families. The
rules and regulations of the HCV program are determined by HUD. The PHA is afforded
choices in the operation of the program, which are included in the PHA's administrative
plan, a document approved by the board of commissioners of the PHA.
The HCV program offers mobility to eligible families because they may search for
suitable housing anywhere in the PHA's jurisdiction and may also be eligible to move
under portability to other PHAs' jurisdictions.
When a family is determined to be eligible for the program and funding is available, the
PHA issues the family a housing voucher. When the family finds a suitable housing unit
and funding is available, the PHA will enter into a contract with the owner and the family
will enter into a lease with the owner. Each party makes their respective payment to the
owner so that the owner receives full rent:
Even though the.family is determined to be eligible for the program, the owner has the
responsibility of approving the family as a suitable renter. The PHA continues to make
payments, to the owner as long as the family is eligible and the housing unit continues to
qualify under the program.
1 -II.C. THE HCV PARTNERSHIPS
To administer the HCV program, the PHA enters into a contractual relationship with
HUD. The PHA also enters into contractual relationships with the assisted family and
the owner or landlord of the housing unit.
For the HCV program to work and be successful, all parties involved -- HUD, the PHA,
the owner, and the family — have important roles to play. The roles and responsibilities
of all parties are defined in federal regulations and in legal documents that parties
execute to participate in the program.
Page 5 of 5
The chart below illustrates key aspects of these relationships.
The HCV Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
Program Reg lAt; ons and ACC
specifies PH (} ligations and
Vouch
PHA
Administers
Program
Housi ,'„ talice Payments
(HAP) C pecifies Owner
and r ( ...ilzations
Family Lease specifies Tenant Owner 1
{Program Landlord
Participant} ahgat�axs
Page 6 of 6
What does HUD do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices and other guidance to
implement HCV housing program legislation passed by Congress;
• Allocate HCV program funds to PHAs;
• Provide technical assistance to PHAs on interpreting and applying HCV program
requirements;
• Monitor PHA compliance with HCV program requirements and PHA performance in
program administration.
What does the PHA do?
The PHA administers the HCV program under contract with HUD and has the following
major responsibilities:
• Establish local policies;
• Review applications from interested applicant families to determine whether
applicants are eligible for the program;
• Maintain waiting list and select families for admission
• Issue voucher to selected family and, if necessary, assist the family in finding a
place to live;
• Conduct outreach to owners, with special attention to owners outside areas of
poverty or minority concentration;
• Approve the rental unit (including assuring compliance with housing quality
standards and rent reasonableness), the owner, and the tenancy;
• Make housing assistance payments to the owner in a timely manner;
• Ensure that families and their rental units continue to qualify under the program;
• Ensure that owners and families comply with program rules;
• Provide families and owners with prompt, professional service;
• Comply with all fair housing and equal opportunity requirements , HUD regulations
and requirements, the Annual Contributions Contract, HUD - approved applications
for funding, the PHAs administrative plan, and other applicable federal, state and
local laws.
What does the Owner do?
The owner has the following major responsibilities:
• Screen families who apply for tenancy, to determine if they will be good renters.
T The PHA can provide some information to the owner, but the primary
responsibility for tenant screening rests with the owner,
Page 7 of 7
- The owner should consider family background factors such as rent and bill -
paying history, history of caring for property, respecting the rights of others to
peaceful enjoyment of the property, compliance with essential conditions of
tenancy, whether the family is engaging in drug - related criminal activity or other
criminal activity that might threaten others.
• Comply with the terms of the Housing Assistance Payments contract, executed with
the PHA;
• Comply with all applicable fair housing laws and discriminate against no one;
• Maintain the housing unit by making necessary repairs in a timely manner;
• Collect rent due from the assisted family and otherwise comply with and enforce
provisions of the dwelling lease.
What does the Family do?
The family has the following responsibilities:
• Provide the PHA with complete and accurate information, determined by the PHA to
be necessary for administration of the program;
• Make their best and most timely efforts to find a place to live that is suitable for them
and that qualifies for the program;
• Cooperate in attending all appointments scheduled by the PHA;
• Allow the PHA to inspect the unit at reasonable times and after reasonable notice;
• Take responsibility for care of the housing unit, including any violations of housing
quality standards caused by the family;
• Comply with the terms of the lease with the owner;
• Comply with the family obligations of the voucher;
• Not commit serious or repeated violations of the lease;
• Not engage in drug- related or violent criminal activity;
• Notify the PHA and the owner before moving or termination the lease;
• Use the assisted unit only for residence and as the sole residence of the family. Not
sublet the unit, assign the lease, or have any interest in the unit;
• Promptly notify the PHA of any changes in family composition;
• Not commit fraud, bribery, or any other corrupt or criminal act in connection with any
housing programs.
If all parties fulfill their obligations in a professional and timely manner, the program
responsibilities will be fulfilled in an effective manner.
Page 8 of 8
1 -II.D. APPLICABLE REGULATIONS
Applicable regulations include:
24 CFR Part 5: General Program Requirements
24 CFR Part 8: Nondiscrimination
24 CFR Part 982: Section 8 Tenant -Based Assistance: Housing Choice Voucher
Program
PART III. THE HCV ADMINISTRATIVE PLAN
1- III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to
establish policies for carrying out the programs in a manner consistent with HUD
requirements and local goals and objectives contained in the PHA's agency plan. This
administrative plan is a supporting document to,the PHA agency plan, and is available
for public review as required by CFR 24 Part 903., .
This administrative, plan is set forth to define the PHA's local policies for operation of the
housing programs in the context of federal laws and regulations. All issues related to
Section 8 not addressed in this document are governed by such federal regulations,
HUD handbooks and guidebooks, notices and other applicable law. The policies in this
administrative plan have been designed to ensure compliance with the consolidated
ACC and all HUD - approved applications for program funding.
The PHA is responsible for complying with all changes in HUD regulations pertaining to
the HCV program. If such changes conflict with this plan, HUD regulations will have
precedence.
Administration of the HCV program and the functions and responsibilities of PHA staff
shall be in compliance with the PHA's personnel policy and HUD's Section 8 regulations
as well as all federal, state and local fair housing laws and regulations.
1- III.B. CONTENTS OF THE PLAN (24CFR 982.54)
HUD regulations contain a list of what must be included in the administrative plan. The
PHA administrative plan must cover PHA policies on these subjects:
• Assisting a family that claims that illegal discrimination has prevented the family from
leasing a suitable unit (Chapter 2);
• How to determine who remains in the program if a family breaks up (Chapter 3);
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3).
• Selection and admission of applicants from the PHA waiting list, including any PHA
admission preferences, procedures for removing applicant names from the waiting
list, and procedures for closing and reopening the PHA waiting list (Chapter 4);
Page 9 of 9
• Any special rules for use of available funds when HUD provides funding to the PHA
for a special purpose (e.g., desegregation), including funding for specified families or
a specified category of families (Chapter 4);
• Issuing or denying vouchers, including PHA policy governing the voucher term and
any extensions or suspensions of the voucher term. 'Suspension' means stopping
the clock on the term of a family's voucher after the family submits a request for
approval of the tenancy. If the PHA decides to allow extensions or suspensions of
the voucher term, the PHA administrative plan must describe how the PHA
determines whether to grant extensions or suspensions, and how the PHA
determines the length of any extension or suspension (Chapter 5);
• Subsidy standards (Chapter 5);
• The method of determining that rent to owner is a reasonable rent (initially and
during the term of a HAP contract) (Chapter 8);
= Procedural guidelines and performance standards for conducting required housing
quality standards inspections (Chapter 8);
• Restrictions, if any, on the number of moves by a participant family (Chapter 10);
• Interim redeterminations of family income and composition (Chapter 11);
• Occupancy policies, including definition of what group of persons may qualify as a
'family', definition of when a family is considered to be 'continuously assisted';
standards for denying admission or terminating assistance based on criminal activity
or alcohol abuse in accordance with 982.553 (Chapters 3 and 12);
• Family absence from the dwelling unit (Chapter 12) ;
• Encouraging participation by owners of suitable units located outside areas of low
income or minority concentration (Chapter 13);
• Providing information about a family to prospective owners (Chapters 3 and 9);
• Disapproval of owners (Chapter 13);
• Special policies concerning special housing types in the program (e.g., use of
shared housing) (Chapter 15);
• Informal review procedures for applicants (Chapter 16);
• Informal hearing procedures for participants (Chapter 16);
• The process for establishing and revising voucher payment standards (Chapter 16);
• Policies concerning payment by a family to the PHA of amounts the family owes the
PHA (Chapter 16); and
• Approval by the board of commissioners or other authorized officials to charge the
administrative fee reserve (Chapter 16);
Page 10 of 10
New Approach to Policy Development
HUD has developed an approach to monitoring and policy development that requires
PHAs to establish policy for those purposes.
A primary focus of HUD's Rental Integrity Monitoring (RIM) program was consistency —
consistency in how PHAs conduct their business and in how HUD monitors PHA
activities. HUD expects that all staff will be consistent in the procedures they follow and
the calculations they make and that their actions will be consistent with the PHA's
administrative plan.
HUD makes a distinction between:
• Mandatory policies: those driven by legislation, regulations, current handbooks,
notices, and legal opinions, and
• Optional, non - binding guidance, including guidebooks, notices that have
expired and recommendations from individual HUD staff.
HUD expects PHAs to develop policies and procedures that are consistent with
mandatory policies and to make clear the optional policies the PHA has adopted. The
PHA's administrative plan is the foundation of those policies and procedures. HUD's
new directions require, more than ever, that PHAs make policy choices to provide
guidance to staff and consistency to program applicants and participants.
Following HUD guidance, even though it is not mandatory,'provides a PHA with a "safe
harbor." HUD has already determined that the recommendations and suggestions it
makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it
must make its own determination that the alternative approach is consistent with
legislation, regulations, and other mandatory requirements. There may be very good
reasons for adopting a policy or procedure that is different than HUD's safe harbor, but
PHAs should carefully think through those decisions.
1 - III.C. ORGANIZATION OF THE PLAN
The Plan is organized to provide information to users in particular areas of operation.
1- III.D. UPDATING AND REVISING THE PLAN
The Baldwin Park Housing Authority will review and update the plan at least once a
year, and more often if needed, to reflect changes in regulations, PHA operations, or
when needed to ensure staff consistency in operation.
The original plan and any changes must be approved by the Board, the pertinent
sections included in the Agency Plan, and a copy provided to HUD.
Page 11 of 11
Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively
further civil rights and fair housing in all federally- assisted housing programs. The letter
and spirit of these laws are implemented through consistent policy and processes. The
responsibility to further nondiscrimination pertains to all areas of the PHA's housing
choice voucher (HCV) operations.
This chapter describes HUD regulations and PHA policies related to these topics in
three parts:
Part I: Nondiscrimination. This part presents the body of laws and regulations
governing the responsibilities of the PHA regarding nondiscrimination.
Part ll: Policies Related to Persons with Disabilities. This part discusses the rules
and policies of the housing choice voucher program related to reasonable
accommodation for persons with disabilities. These rules and policies are based
on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of
1973, and incorporate guidance from the Joint Statement of The Department.of
Housing and Urban Development and the Department. of Justice (DOJ), issued
May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons.
This part details the obligations of the PHA to ensure meaningful access to the
HCV program and its activities by persons with limited English proficiency (LEP).
This part incorporates HUD and DOJ's Notice of Guidance, published December
19, 2003 in the Federal Register.
PART I: NONDISCRIMINATION
2 -I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the
same quality of service, regardless of family characteristics and background. Federal
law prohibits discrimination in housing on the basis of race, color, religion, sex, national
origin, age, familial status, and disability. The PHA will comply fully with all federal,
state, and local nondiscrimination laws, and with rules and regulations governing fair
housing and equal opportunity in housing and employment, including:
Page 12 of 12
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community
Development Act of 1974 and the Fair Housing Amendments Act of 1988)
Executive Order 11063
Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise
Section 504 and the Fair Housing Amendments govern)
• When more than one civil rights law applies to a situation, the laws will be read and
applied together.
• Any applicable state laws or local ordinances and any legislation protecting
individual rights of tenants, applicants, or staff that may subsequently be enacted:
2 -1.8. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes. State and
local requirements, as well as PHA policies, can prohibit discrimination against
additional classes of people.
The PHA shall not discriminate because of race, color, sex, religion, familial status, age,
disability or national origin (called "protected classes")
Familial status includes children under the age of 18 living with parents or legal
custodians, pregnant women, and people securing custody of children under the age of
18.
The Baldwin Park Housing will not discriminate on the basis of marital status or sexual
orientation.
The PHA will not use any of these factors to:
• Deny to any family the opportunity to apply for housing, nor deny to any qualified
applicant the opportunity to participate in the housing choice voucher program
• Provide housing that is different from that provided to others
• Subject anyone to segregation or disparate treatment
Pago 13 of 13
• Restrict anyone's access to any benefit enjoyed by others in connection with the
housing program
• Treat a person differently in determining eligibility or other requirements for
admission
• Steer an applicant or participant toward or away from a particular area based any of
these factors
• Deny anyone access to the same level of services
• Deny anyone the opportunity to participate in a planning or advisory group that is an
integral part of the housing program
• Discriminate in the provision of residential real estate transactions
• Discriminate against someone because they are related to or associated with a
member of a protected class
• Publish or cause to be published an advertisement or notice indicating the
availability of housing that prefers or excludes persons who are members of a
protected class.
Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all
applicable civil rights laws. As part of the briefing process, the PHA must provide
information to HCV applicant families about civil rights requirements and the opportunity
to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance
Payments (HAP) contract informs owners of the requirement not to discriminate against
any person because of race, color, religion, sex, national origin, age, familial status, or
disability in connection with the contract.
Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated
against by the PHA or an owner, the family should advise the PHA. HUD requires the
PHA to make every reasonable attempt to determine whether the applicant's or
participant's assertions have merit and take any warranted corrective action. In addition,
the PHA is required to provide the applicant or participant with information about how to
file a discrimination complaint [24 CFR 982.304].
Applicants or participants who believe that they have been subject to unlawful
discrimination may notify the Baldwin Park Housing Authority in writing.
The PHA will attempt to remedy discrimination complaints made against the PHA.
The PHA will provide a copy of a discrimination complaint form to the complainant and
provide them with information on how to complete and submit the form to HUD's Office
of Fair Housing and Equal Opportunity (FHEO).
Page 14 of 14
PART II: POLICIES RELATED TO PERSONS WITH DISABIILTIES
2 -II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to
make reasonable accommodation in rules, policies, practices, or services when such
accommodation may be necessary to afford a person with a disability the equal
opportunity to use and enjoy a program or dwelling under the program.
The PHA must ensure that persons with disabilities have full access to the PHA's
programs and services. This responsibility begins with the first inquiry of an interested
family and continues through every programmatic area of the HCV program.
The PHA will ask all applicants and participants if they require any type of
accommodations, in writing, on the intake application, reexamination documents, and
notices of adverse action by the PHA, by including the following language:
"!f you or anyone in your family is a person with disabilities, and you
require a specific accommodation in order to fully utilize our programs and
services, please contact the Baldwin Park Housing Authority."
2 -II.B. DEFINITION OF REASONABLE ACCOMMODATION
A person with a disability may require special accommodations in order to have equal
access to the HCV program. The types of reasonable accommodations the PHA can
provide include changes, exceptions, or adjustments to a rule, policy, practice, or
service.
Federal regulations stipulate that requests for accommodations will be considered
reasonable if they do not create an "undue financial and administrative burden" for the
PHA, or result in a "fundamental alteration" in the nature of the program or service
offered. A fundamental alteration is a modification that alters the essential nature of a
provider's operations.
Types of Reasonable Accommodations
When needed, the PHA must modify normal procedures to accommodate the needs of
a person with disabilities. Examples include:
« Permitting applications and reexaminations to be completed by mail
• Conducting home visits
• Using higher payment standards (either within the acceptable range or with HUD
approval of a payment standard outside the PHA range) if the PHA determines this
is necessary to enable a person with disabilities to obtain a suitable housing unit
Page 15 of 15
• Providing time extensions for locating a unit when necessary because of lack of
availability of accessible units or special challenges of the family in seeking a unit
• Permitting an authorized designee or advocate to participate in the application or
certification process and any other meetings with PHA staff
• Displaying posters and other housing information in locations throughout the PHA's
office in such a manner as to be easily readable from a wheelchair
2 -II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a .
rule, policy, practice, or service is needed because of a disability, HUD requires that the
PHA treat the information as a request for a reasonable accommodation, even if no
formal request is made [Joint Statement of the Departments of HUD and Justice:
Reasonable Accommodations under the Fair Housing Act].
The family must explain what type of accommodation is needed to provide the person
with the disability full access to the PHA's programs and services.
If the need for the accommodation is not readily apparent or known to the PHA, the
family must explain the relationship between the requested accommodation and the .
disability. There must be an identifiable relationship, or nexus, between the requested
accommodation and the individual's disability.
The PHA will request from the family to make its request in writing using a reasonable
accommodation request form. However, the PHA will consider the accommodation any
time the family indicates that an accommodation is needed whether or not a formal
written request is submitted.
2 -II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2 -1
at the end of this chapter. The definition of a person with a disability for the purpose of
obtaining a reasonable accommodation is much broader than the HUD definition of
disability, which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets
the definition of a person with a disability, and that the accommodation will enhance the
family's access to the PHA's programs and services.
If a person's disability is obvious, or otherwise known to the PHA, and if the need for the
requested accommodation is also readily apparent or known, no further verification will
be required [Joint Statement of the Departments of HUD and Justice: Reasonable
Accommodations under the Fair Housing Act].
Page 16 of 16
If a family indicates that an accommodation is required for a disability that is not obvious
or otherwise known to the PHA, the PHA must verify that the person meets the definition
of a person with a disability, and that the limitations imposed by the disability require the
requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in
Chapter 7. All information related to a person's disability will be treated in accordance
with the confidentiality policies provided in Chapter 16. In addition to the general
requirements that govern all verification efforts, the following requirements apply when
verifying a disability:
Third -party verification must be obtained from an individual identified by the family
who is competent to make the determination. A doctor or other medical professional,
a peer support group, a non - medical service agency, or a reliable third party who is
in a position to know about the individual's disability may provide verification of a
disability [Joint Statement of the Departments of HUD and Justice: Reasonable
Accommodations under the Fair Housing Act]
The PHA must request only information that is necessary to evaluate the disability -
related need for the accommodation. The PHA will not inquire about the nature or
extent of any disability.
• Medical records will not be accepted or retained in the participant file.
2 -II.E. APPROVALIDENIAL OF A REQUESTED ACCOMMODATION [Joint Statement
of the Departments of HUD and Justice: Reasonable Accommodations under the Fair
Housing Act].
The PHA must approve a request for an accommodation if the following three conditions
are met:
The request was made by or on behalf of a person with a disability.
• There is a disability- related need for the accommodation.
• The requested accommodation is reasonable, meaning it would not impose an
undue financial and administrative burden on the PHA, or fundamentally alter the
nature of the PHA's HCV operations (including the obligation to comply with HUD
requirements and regulations).
Requests for accommodations must be assessed on a case -by -case basis, taking into
account factors such as the cost of the requested accommodation, the financial
resources of the PHA at the time of the request, the benefits that the accommodation
would provide to the family, and the availability of alternative accommodations that
would effectively meet the family's disability - related needs.
Page 17 of 17
Before making a determination whether to approve the request, the PHA may enter into
discussion and negotiation with the family, request more information from the family, or
may require the family to sign a consent form so that the PHA may verify the need for
the requested accommodation.
After a request for an accommodation is presented, the PHA will respond, in writing,
within 10 business days.
If the PHA denies a request for an accommodation because it is not reasonable (it
would impose an undue financial and administrative burden or fundamentally alter the
nature of the PHA's operations), the PHA will discuss with the family whether an
alternative accommodation could effectively address the family's disability - related needs
without a fundamental alteration to the HCV program and without imposing an undue
financial and administrative burden.
If the PHA believes that the family has failed to identify a reasonable alternative
accommodation after interactive discussion and negotiation, the PHA will notify the
family, in writing, of its determination within 10 business days from the date of the most
recent discussion or communication with the family.
2 -II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION
IMPAIRMENTS
HUD regulations require the PHA to ensure that persons with disabilities related to
hearing and vision have reasonable access to the PHA's programs and services [24
CF'R 8.6j.
At the initial point of contact with each applicant, the PHA shall inform all applicants of
alternative forms of communication that can be used other than plain language
paperwork.
To meet the needs of persons with hearing impairments, accessibility for the hearing
impaired is provided by GTE, 1 -800- 735 -2929 (text) and 1- 800 -821 -2585 (voice).
To meet the needs of persons with vision impairments, large -print documents will be
made available upon request.
Additional examples of alternative forms of communication are sign language
interpretation; having material explained orally by staff; or having a third party
representative (a friend, relative or advocate, named by the applicant) to receive,
interpret and explain housing materials and be present at all meetings.
Page 18 of 18
2 -II.G. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility,
including the following:
• PIH 2002 -01 (HA), Accessibility Notice
• Section 604 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
The Architectural Barriers Act of 1968
The Fair Housing Act of 1988
The PHA's policies concerning physical accessibility must be readily available to
applicants and participants, They can be found in three key documents:
• This plan describes the key policies that govern the PHA's responsibilities with
regard to physical accessibility..
• Notice PIN 2002- 01(HA) Accessibility Notice (which must be posted in the HCV
offices in a conspicuous place) summarizes information about pertinent laws and
implementing regulations related to non - discrimination and accessibility in
federally- funded housing programs.
• The PHA Plan provides information about self - evaluation, needs assessment,
and transition plans.
The design, construction, or alteration of PHA facilities must conform to the Uniform
Federal Accessibility Standards (UFAS). Newly - constructed facilities must be designed
to be readily accessible to and usable by persons with disabilities. Alterations to existing
facilities must be accessible to the maximum extent feasible, defined as not imposing an
undue financial and administrative burden on the operations of the HCV program.
When issuing a voucher to a family that includes an individual with disabilities, the PHA
will include a current list of available accessible units known to the PHA and will assist
the family in locating an available accessible unit, if necessary.
In general, owners must permit the family to make reasonable modifications to the unit.
However, the owner is not required to pay for the modification and may require that the
unit be restored to its original state at the family's expense when the family moves.
Page 19 of 19
2 -II.H. DENIAL OR TERMINATION OF ASSISTANCE
A PHA's decision to deny or terminate the assistance of a family that includes a person
with disabilities is subject to consideration of reasonable accommodation [24 CFR
982.552 (2)(iv)].
When applicants with disabilities are denied assistance, the notice of denial must inform
them of the PHA's informal review process and their right to request a hearing. In
addition, the notice must inform applicants with disabilities of their right to request
reasonable accommodations to participate in the informal hearing process.
When a participant family's assistance is t
inform them of the PHA's informal hearing
and reasonable accommodation.
:rminated, the notice of termination must
process and their right to request a hearing
When reviewing reasonable accommodation requests, the PHA must consider whether
any mitigating circumstances can be.verified to explain and overcome the problem that
led to the PHA's decision to deny or terminate assistance. If a reasonable
accommodation will allow the family to meet the requirements, the PHA must make the
accommodation.
PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED
ENGLISH PROFICIENCY (LEP)
2- III.A. OVERVIEW
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing
important benefits or services, understanding and exercising important rights, complying
with applicable responsibilities, or understanding other information provided by the HCV
program. In certain circumstances, failure to ensure that LEP persons can effectively
participate in or benefit from federally- assisted programs and activities may violate the
prohibition under Title VI against discrimination on the basis of national origin. This part
incorporates the Notice of Guidance to Federal Assistance Recipients Regarding Title
VI Prohibition Affecting Limited English Proficient Persons, published December 19,
2003 in the Federal Register.
The PHA will take affirmative steps to communicate with people who need services or
information in a language other than English. These persons will be referred to as
Persons with Limited English Proficiency (LEP).
LEP is defined as persons who do not speak English as their primary language and who
have a limited ability to read, write, speak or understand English. For the purposes of
this administrative plan, LEP persons are HCV applicants and participants, and parents
and family members of applicants and participants.
Page 20 of 20
In order to determine the level of access needed by LEP persons, the PHA will balance
the following four factors: (1) the number or proportion of LEP persons eligible to be
served or likely to be encountered by the Housing Choice Voucher program; (2) the
frequency with which LEP persons come into contact with the program; (3) the nature
and importance of the program, activity, or service provided by the program to people's
lives; and (4) the resources available to the PHA and costs. Balancing these four factors
will ensure meaningful access by LEP persons to critical services while not imposing
undue burdens on the PHA.
2- III.B. ORAL INTERPRETATION
In a courtroom, a hearing, or situations in which health, safety, or access to important
benefits and services are at stake, the PHA will generally offer, or ensure that the family
is offered through other sources, competent services free of charge to the LEP person.
The Baldwin Park Housing Authority will analyze the various kinds of contacts it has
with the public, to assess language needs and decide what reasonable steps should be
taken. "Reasonable steps" may not be reasonable where the costs imposed
substantially exceed the benefits.
Where feasible, the PHA will train and hire bilingual staff to be available to act as
interpreters and translators, will pool resources with other'PHAs, and will standardize
documents. Where feasible and possible, the PHA will encourage the use of qualified
community volunteers.
Where LEP persons desire, they will be permitted to use, at their own expense, an
interpreter of their own choosing, in place of or as a supplement to the free language
services offered by the PHA. The interpreter may be a family member or friend.
2- III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent
written text in another language.
In order to comply with written- translation obligations, the PHA will take the following
steps:
The PHA will provide written translations of vital documents for each
eligible LEP language group that constitutes 5 percent or 1,000 persons,
whichever is less, of the population of persons eligible to be served or
likely to be affected or encountered. Translation of other documents, if
needed, can be provided orally; or
If there are fewer than 50 persons in a language group that reaches the 5
percent trigger, the PHA does not translate vital written materials, but
provides written notice in the primary language of the LEP language group
of the right to receive competent oral interpretation of those written
materials, free of cost.
Page 21 of 21
2- III.D. IMPLEMENTATION PLAN
After completing the four - factor analysis and deciding what language assistance
services are appropriate, the PHA shall determine whether it is necessary to develop a
written implementation plan to address the identified needs of the LEP populations it
serves.
If the PHA determines that it is not necessary to develop a written implementation plan,
the absence of a written plan does not obviate the underlying obligation to ensure
meaningful access by LEP persons to the PHA's Housing Choice Voucher program and
services.
If it is determined that the PHA serves very few LEP persons, and the PHA has very
limited resources, the PHA will not develop a written LEP plan, but will consider
alternative ways to articulate in a reasonable manner a plan for providing meaningful
access. Entities having significant contact with LEP persons, such as schools,
grassroots and faith -based organizations, community groups, and groups working with
new immigrants will be contacted for input into the process.
If the PHA determines it is appropriate to develop a written LEP plan, the following five
steps will be taken: (1) Identifying LEP individuals who need language assistance; (2)
identifying language assistance measures; (3) training staff; (4) providing notice to LEP
persons; and (5) monitoring and updating the LEP plan. ,
EXHIBIT 2 -1: DEFINITION OF A PERSON WITH A DISABILITY UNDER
FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201]
A person with a disability, as defined under federal civil rights laws, is any person who:
• Has a physical or mental impairment that substantially limits one or more of the
major life activities of an individual, or
• Has a record of such impairment, or
• Is regarded as having such impairment
The phrase "physical or mental impairment" includes:
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical
loss affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito - urinary; hemic and lymphatic; skin;
and endocrine; or
• Any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term
Page 22 of 22
"physical or mental impairment" includes, but is not limited to: such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy,
autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
"Major life activities" includes, but is not limited to, caring for oneself, performing manual
tasks, walking, seeing, hearing, breathing, learning, and/or working.
"Has a record of such impairment" means has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits one or more major life
activities.
"Is regarded as having an impairment" is defined as having a physical or mental
impairment that does not substantially limit one or more major life activities but is
treated by a public entity (such as the PHA) as constituting such a limitation; has none
of the impairments defined in this section but is treated by a public entity as having such
an impairment; or has a physical or mental impairment that substantially limits one or
more major life activities, only as a result of the attitudes of others toward that
impairment.
The definition of a person with disabilities does not include:
• Current illegal drug users
People whose alcohol use interferes with the rights of others
• Persons who objectively pose a direct threat or substantial risk of harm to others that
cannot be controlled with a reasonable accommodation under the HCV program
The above definition of disability determines whether an applicant or participant is
entitled to any of the protections of federal disability civil rights laws. Thus, a person
who does not meet this disability is not entitled to a reasonable accommodation under
federal civil rights and fair housing laws and regulations.
The HUD definition of a person with a disability is much narrower than the civil rights
definition of disability. The HUD definition of a person with a disability is used for
purposes of receiving the disabled family preference, the $400 elderly /disabled
household deduction, the $480 dependent deduction, the allowance for medical
expenses, or the allowance for disability assistance expenses.
The definition of a person with a disability for purposes of granting a reasonable
accommodation request is much broader than the HUD definition of disability. Many
people will not qualify as a disabled person under the HCV program, yet an
accommodation is needed to provide equal opportunity.
Page 23 of 23
Chapter 3
ELIGIBILITY
INTRODUCTION
The PHA is responsible for ensuring that every individual and family admitted to the
HCV program meets all program eligibility requirements. This includes any individual
approved to join the family after the family has been admitted to the program. The family
must provide any information needed by the PHA to confirm eligibility and determine the
level of the family's assistance.
To be eligible for the HCV program:
• The applicant family must:
- Qualify as a family as defined by HUD and the PHA.:
- Have income at or below HUD - specified income limits.
- Qualify on the basis of citizenship or the eligible immigrant status of family
members.
- Provide social security number information for family members as required.
- Consent to the PHA's collection and use of family information as provided for in
PHA - provided consent forms.
• The PHA must determine that the current or past behavior of household members
does not include activities that are prohibited by HUD or the PHA.
This chapter contains three parts:
Part l: Definitions of Family and Household Members. This part contains HUD
and PHA definitions of family and household members and explains initial and
ongoing eligibility issues related to these members.
Part !I: Basic Eligibility Criteria. This part discusses income eligibility, and rules
regarding citizenship, social security numbers, and family consent.
Part III: Denial of Assistance. This part covers factors related to an applicant's
past or current conduct (e.g. criminal activity) that can cause the PHA to deny
assistance.
Page 24 of 24
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3 -I.A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the
family requesting assistance. In addition, some requirements apply to the family as a
whole and others apply to individual persons who will live in the assisted unit. This part
provides information that is needed to correctly identify family and household members,
and to apply HUD's eligibility rules.
3 -I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201 (c), HUD -50058 IB, p. 13]
The terms family and household have different meanings in the HCV program.
Family
To be eligible for assistance, an applicant must qualify as a family. A family may be a
single person or a group of persons. Family as defined by HUD includes a family with a
child or children, two or more elderly or disabled persons living together, one or more
elderly or disabled persons living with one or more live -in aides, or a single person. A
single person family may be an elderly person, a displaced person, a disabled person,
or any other single person.
A family also includes two or more individuals who are not related by blood, marriage,
adoption, or other operation of law but who either can demonstrate that they have lived
together previously or certify that each individual's income and other resources will be
available to meet the needs of the family. Resources must be identified and approved
by the PHA.
Each family must identify the individuals to be included in the family at the time of
application, and must update this information if the family's composition changes.
Household
Household is a broader term that includes additional people who, with the PHA's
permission, live in an assisted unit, such as live -in aides, foster children, and foster
adults.
3 -I.C. FAMILY BREAK -UP AND REMAINING MEMBER OF TENANT FAMILY
Family Break -up [24 CFR 982.315]
When a family on the waiting list breaks up into two otherwise eligible families due to
divorce or legal separation, only one of the new families may retain the original
application date. If a family breaks up into two otherwise eligible families while receiving
assistance, only one of the new families will continue to be assisted.
Page 25 of 25
If a court determines the disposition of property between members of the assisted family
in a divorce or separation decree, the PHA is bound by the court's determination of
which family members continue to receive assistance or retain the original application
date.
In the absence of a judicial agreement or an agreement amongst the original family
members , the PHA will make the decision taking into consideration the following
factors: (1) the interest of any minor children, including custody arrangements, (2) the
interest of any ill, elderly, or disabled family members, (3) any possible risks to family
members as a result of domestic violence or criminal activity, and (4) the
recommendations of social service professionals.
Documentation of these factors is the responsibility of the applicant families. If either or
both families do not provide the documentation, they may be denied placement on the
waiting list for failure to supply information requested by the PHA.
Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is
a member of an assisted family who remains in the unit when other members of the
family have left the unit. Household members such as live -in aides, foster children, and
foster adults do not qualify as remaining members of a family.
If dependents are the only "remaining members of a tenant family" and there is no
family member able to assume the responsibilities of the head of household, see
Chapter 6, Section 6 -1.13, for the policy on "Caretakers for a Child."
3 -I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)]
Head of household means the adult member of the family who is considered the head
for purposes of determining income eligibility and rent. The head of household is
responsible for ensuring that the family fulfills all of its responsibilities under the
program, alone or in conjunction with a cohead or spouse.
The family may designate any qualified family member as the head of household.
The head of household must have the legal capacity to enter into a lease under state
and local law. A minor who is emancipated under state law may be designated as head
of household.
3 -I.E. SPOUSE, COHEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [HUD -50058 IB, p. 13].
Spouse means the marriage partner of the head of household.
Page 26 of 26
The State of California does not recognize a "common law" marriage. The term
"spouse" does not apply to friends, roommates, or significant others who are not
marriage partners. A minor who is emancipated under state law may be designated as a
spouse.
A cohead is an individual in the household who is equally responsible with the head of
household for ensuring that the family fulfills all of its responsibilities under the program,
but who is not a spouse. A family can have only one cohead. A co -head never qualifies
as a dependant.
Other adult means a family member, other than the head, spouse, or cohead, who is 18
years of age or older. Foster adults and live -in aides are not considered other adults.
3 -I.F. DEPENDENT 124 CFR 5.603]
A dependent is a family member who is under 18 years of age or a person of any age
who is a person with a disability or a full -time student, except that the following persons
can never be dependents: the head of household, spouse, cohead, foster- ,
children /adults and live -in aides. Identifying each dependent in the family is-important
because each dependent qualifies the family for a deduction from annual income as:
described in Chapter 6.
Joint Custody of Dependents
Dependents that are subject to a joint custody arrangement will be considered ;a
member of the family, if they live with the applicant or participant family 50 percent or
more of the time.
When more than one applicant or participant family is claiming the same dependents as
family members, the family with primary custody at the time of the initial examination or
reexamination will be able to claim the dependents. If there is a dispute about which
family should claim them, the PHA will make the determination based on available
documents such as court orders, IRS forms and school verification.
3 -I.G. FULL -TIME STUDENT [24 CFR 5.603, HCV GB p. 5 -29]
A full -time student (FTS) is a person who is attending school or vocational training on a
full -time basis. The time commitment or subject load that is needed to be full -time is
defined by the educational institution.
Identifying each FTS is important because: (1) each family member that is an FTS,
other than the head, spouse, or cohead, qualifies the family for a dependent deduction,
and (2) the income of such an FTS is treated differently from the income of other family
members.
Page 27 of 27
3 -I.H. ELDERLY AND NEAR - ELDERLY PERSONS, AND ELDERLY FAMILY
[24 CFR 5.100 and 5.403]
Elderly Persons
An elderly person is a person who is at least 62 years of age.
Near - Elderly Persons
A near-elderly person is a person who is at least 50 years of age but below the age of
62.
Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an
elderly person. Identifying elderly families is important because these families qualify for
special deductions from income as described in Chapter 6.
3 -I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.4031
Persons with Disabilities
Under the HCV program, special rules apply to persons with disabilities and to any
family whose head, spouse, or cohead is a person with disabilities. The technical
definitions of individual with handicaps and persons with disabilities are provided in,
Exhibit 3 -1 at the end of this chapter. These definitions are used for a number of
purposes including ensuring that persons with disabilities are not discriminated against
based upon disability.
As discussed in Chapter 2, the PHA must make all aspects of the HCV program
accessible to persons with disabilities and consider reasonable accommodations
requested based upon a person's disability.
Disabled Family
A disabled family is one in which the head, spouse, or cohead is a person with
disabilities. Identifying disabled families is important because these families qualify for
special deductions from income as described in Chapter 6.
Even though persons with drug or alcohol dependencies are considered persons with
disabilities for the purpose of non - discrimination, this does not prevent the PHA from
denying assistance for reasons related to alcohol and drug abuse following policies
found in Part I I I of this chapter, or from terminating assistance following the policies in
Chapter 12.
Page 28 of 28
3 -I.J. GUESTS [24 CFR 5.1001
A guest is a person temporarily staying in the unit with the consent of a member of the
household who has expressed or implied authority to so consent.
A guest can remain in the assisted unit no longer than 14 consecutive days or 45
cumulative calendar days during any 12 -month period. The head of household must
provide written notification to the Housing Authority.
Children who are subject to a joint custody arrangement or for whom a family has
visitation privileges, that are not included as a family member because they live outside
of the assisted household more than 50 percent of the time, are not subject to the time
limitations of guests as described above.
A family may request an exception to this policy for valid reasons (e.g., care of a relative
recovering from a medical procedure that is expected to last 45 consecutive days). An:
exception will not be made unless the family can identify and provide documentation of
the residence to which the guest -will return.
3.I.K. FOSTER CHILDREN AND FOSTER ADULTS
Foster adults are usually persons with disabilities, unrelated to the tenant family, who
are unable to live alone [24 CFR 5.609].
A foster child is a child that is in the legal guardianship or custody of a foster care
agency, yet is cared for by foster parents in their own homes, under some kind of short -
term or long -term foster care arrangement with the custodial agency.
Foster children and foster adults that are living with an applicant or assisted family are
considered household members but not family members. The income of foster
children/adults is not counted in the family's annual income. Foster children/adults do
not qualify for a dependent deduction [24 CFR 5.603 and HUD -50058 IB, p. 13].
A foster child or foster adult may be allowed to reside in the unit if their presence would
not result in a violation of HQS space standards according to 24 CFR 982.401.
Children that are temporarily absent from the home as a result of placement in foster
care are discussed in Section 3 -11.
3 -I.L. ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a
variety of reasons including educational activities, placement in foster care,
employment, illness, incarceration, and court order.
Page 29 of 29
Definitions of Temporarily and Permanently Absent
Generally an individual who is or is expected to be absent from the assisted unit for 90
consecutive days or less is considered temporarily absent and continues to be
considered a family member. Generally an individual who is or is expected to be absent
from the assisted unit for more than 90 consecutive days is considered permanently
absent and no longer a family member. Exceptions to this general policy are discussed
below:
Absent Students
When someone who has been considered a family member attends school away from
home, the person will continue to be considered a family member unless information
becomes available to the PHA indicating that the student has established a separate
household or the family declares that the student has established a separate household.
Absences Due to. Placement in Foster Care [24 CFR 5.403]
Children temporarily absent from the home as a result of placement in foster care are
considered members of the family.
If a child has been placed in foster care, the PHA will verify with the appropriate agency
whether and when the child is expected to be returned to the home. Unless the agency
confirms that the child has been permanently removed from the home, the child will be
counted as a family member.
Absent Head, Spouse, or Cohead
An employed head, spouse, or cohead absent from the unit more than 180 consecutive
days due to employment will continue to be considered a family member.
Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5 -22]
If a family member is confined to a nursing home or hospital on a permanent basis, that
person is no longer considered a family member and the income of that person is not
counted [HCV GB, p. 5 -22].
The PHA will request verification from a responsible medical professional and will use
this determination. If the responsible medical professional cannot provide a
determination, the person generally will be considered temporarily absent. The family
may present evidence that the family member is confined on a permanent basis and
request that the person not be considered a family member.
Page 30 of 30
Return of Permanently Absent Family Members
The family must request PHA approval for the return of any adult family members that
the PHA has determined to be permanently absent. The individual is subject to the
eligibility and screening requirements discussed in this Administrative Plan.
3 -I.M. LIVE -IN AIDE
Live -in aide means a person who resides with one or more elderly persons, or near -
elderly persons, or persons with disabilities, and who: (1) is determined to be essential
to the care and well -being of the persons, (2) is not obligated for the support of the
persons, and (3) would not be living in the unit except to provide the necessary
supportive services [24 CFR 5.403].
The PHA must approve a live -in aide if needed as a reasonable accommodation in
accordance with 24 CFR 8, to make the. program accessible to and usable by the family
member with disabilities.
A live -in aide is a member of the household, not the family, and the income of the aide
is not considered in income calculations [24 CFR 5.609(b)]. Relatives may be approved
as live -in aides if they meet all of the criteria defining a live -in aide. However, a relative
who serves as a live-in aide is not considered a family member and would not be
considered a remaining member of a tenant family.
A family's request for a live -in aide must be made in writing. Written verification will be
required from a reliable, knowledgeable professional, such as a doctor, social worker, or
case worker, that the live -in aide is essential for the care and well -being of the elderly,
near - elderly, or disabled family member.
In addition, the family and live -in aide will be required to submit a certification stating
that the live -in aide is
(1) Not obligated for the support of the person(s) needing the care; and
(2) Would not be living in the unit except to provide the necessary supportive
services; and
(3) Essential to the care and the well being of the person(s) needing the care; and
(4) Not financially supported by the person(s) needing the care; and
(5) Will occupy the assisted unit as his/her sole residence; and
(6) Maintaining his/her finances separately from the person(s) needing the care.
Page 31 of 31
A live -in aide may only reside in the unit with approval of the PHA. Written verification
will be required from a reliable, knowledgeable professional, such as a doctor and/or
social worker. The verification provider must certify that a live -in aide is needed for the
care of the family member who is elderly, near elderly, or disabled.
At any time, the PHA will refuse to approve a particular person as a live -in aide, and
may withdraw such approval if [24 CFR 982.316(b )j:
The person commits fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program;
The person commits drug - related criminal activity or violent criminal activity; or
The person currently owes rent or other amounts to the PHA or to another PHA
in connection with Section 8 or public housing assistance under the 1937 Act.
Upon receiving a complete request packet for a live -in aide, the PHA will review the
packet for approval /denial. The PHA will notify the family of its decision in writing within
20 business days of the submittal of the request.
PART II: BASIC ELIGIBILITY CRITERIA
3 -II.A. INCOME ELIGIBILITY AND TARGETING
Income Limits
HUD is required by law to set income limits that determine the eligibility of applicants for
HUD's assisted housing programs, including the housing choice voucher program. The
income limits are published annually and are based on HUD estimates of median family
income in a particular area or county, with adjustments for family size.
Types of Low - Income Families [24 CFR 5.603(b)]
Low - income family. A family whose annual income does not exceed 80 percent of
the median income for the area, adjusted for family size.
Very low - income family. A family whose annual income does not exceed 50 percent
of the median income for the area, adjusted for family size.
Extremely low - income family. A family whose annual income does not exceed 30
percent of the median income for the area, adjusted for family size.
HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the
median income for an area if HUD finds that such variations are necessary because
of unusually high or low family incomes.
Page 32 of 32
Using Income Limits for Eligibility [24 CFR 982.201]
Income limits are used for eligibility only at admission. Eligibility is established by
comparing a family's annual income with HUD's published income limits. To be income -
eligible, a family must be one of the following:
A very low- income family
• A low - income family that has been "continuously assisted" under the 1937 Housing
Act. A family is considered to be continuously assisted if the family is already
receiving assistance under any 1937 Housing Act program at the time the family is
admitted to the HCV program [24 CFR 982.4]
The PHA will consider a family to be continuously assisted if the family was
leasing a unit under any 1937 Housing Act program at the time they were issued
a voucher by the PHA.
• A low - income family that qualifies for voucher assistance as a non - purchasing
household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily
housing homeownership) developments, or other "HUD - assisted multifamily
homeownership programs covered by.24 CFR 248.173
• A low - income or moderate - income family that is displaced as a result of the
prepayment of a mortgage or voluntary termination of a mortgage insurance contract
on eligible low- income housing as defined in 24 CFR 248.101
• A low income family
Using Income Limits for Targeting [24 CFR 982.201]
At least 75 percent of the families admitted to the PHA's program during a PHA fiscal
year must be extremely low- income families. HUD may approve exceptions to this
requirement if the PHA demonstrates that it has made all required efforts, but has been
unable to attract an adequate number of qualified extremely low- income families.
Families continuously assisted under the 1937 Housing Act and families living in eligible
low- income housing that are displaced as a result of prepayment of a mortgage or
voluntary termination of a mortgage insurance contract are not subject to the 75 percent
restriction.
Families on the waiting list categorized with the Local Displacement Preference are not
subject to the 75 percent restriction.
Page 33 of 33
3 -II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E]
Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals
(herein referred to as citizens and nationals), or noncitizens that have eligible
immigration status. At least one family member must be a citizen, national, or noncitizen
with eligible immigration status in order for the family to qualify for any level of
assistance.
All applicant families must be notified of the requirement to submit evidence of their
citizenship status when they apply. Where feasible, and in accordance with the PHA's
Limited English Proficiency Plan, the notice must be in a language that is understood by
the individual if the individual is not proficient in English.
Declaration [24 CFR 5.508]
HUD requires each family member to declare whether the individual is a citizen, a
national, or an eligible noncitizen, except those members who elect not to contend that
they have eligible immigration status. Those who elect not to contend their status are
considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens
the declaration must be signed personally by the head, spouse, cohead, and any other
family member 18 or older, and by a parent or guardian for minors. The family must
identify in writing any family members who elect not to contend their immigration status
(see Ineligible Noncitizens below). No declaration is required for live -in aides, foster
children, or foster adults.
U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration that
claims their status. However, HUD regulations permit the PHA to request additional
documentation of their status, such as a passport.
The BPHA requires family members who declare citizenship or national status to
provide additional documentation for verification purposes. The allowable documents
include, but are not limited to:
■ Birth Certificates
0 Certifications of Naturalization
■ Passport
Page 34 of 34
Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status
must sign a verification consent form and cooperate with PHA efforts to verify their
immigration status as described in Chapter 7. The documentation required for
establishing eligible noncitizen status varies depending upon factors such as the date
the person entered the U.S., the conditions under which eligible immigration status has
been granted, the person's age, and the date on which the family began receiving HUD -
funded assistance.
Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau,
together known as the Freely Associated States, or FAS, are eligible for housing
assistance under section 141 of the Compacts of Free Association between the U.S.
Government and the Governments of the FAS [Public Law 106504].
Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to
have their names listed on a noncontending family members listing, signed by the head,
spouse, or cohead (regardless of citizenship status), indicating their ineligible
immigration status. The PHA is not required to verify a family member's ineligible status
and is not required to report an individual's unlawful presence in the U.S. to the United
States Citizenship and Immigration Services (USCIS).
Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522]. This
prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor
children who accompany or follow to join the noncitizen student. Such prohibition does
not extend to the citizen spouse of a noncitizen student or to the children of the citizen
spouse and noncitizen student. Such a family is eligible for prorated assistance as a
mixed family.
Mixed Families
A family is eligible for assistance as long as at least one member is a citizen, national,
or eligible noncitizen. Families that include eligible and ineligible individuals are
considered mixed families. Such families will be given notice that their assistance will be
prorated, and that they may request a hearing if they contest this determination. See
Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion of
informal hearing procedures.
Page 35 of 35
Ineligible Families [24 CFR 5.514(d), (e), and (f)]
The PHA will not provide assistance to a family before the verification of at least one
family member.
When a PHA determines that an applicant family does not include any citizens,
nationals, or eligible noncitizens, following the verification process, the family will be
sent a written notice within 10 business days of the determination.
The notice will explain the reasons for the denial of assistance and will inform the family
of its right to request an informal review.
Informal hearing procedures are contained in Chapter 16.
Timeframe for Determination of Citizenship Status [24 CFR 5.508(8 )]
For new occupants joining the assisted family the PHA must verify status at the interim
approving their participation.
If an individual qualifies for a time extension for the submission of required documents,
the PHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)].
Each family member is required to submit evidence of eligible status only one time
during continuous occupancy.
The PHA will verify the status of applicants at the time other eligibility factors are
determined.
3 -II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218]
For every family member age 6 or older the family must provide documentation of a
valid Social Security Number (SSN) or a certification stating that no SSN has been
issued. If a family member who is required to execute a certification is less than 18
years old, the certification must be executed by the individual's parent or guardian [24
CFR 5.2160)]. Assistance cannot be provided to a family until all SSN documentation
requirements are met. A detailed discussion of acceptable documentation is provided in
Chapter 7.
If a new member who is at least six years of age is added to the family, the new
member's SSN documentation must be submitted prior to the approval for the family's
interim for change in household. If any member of the family who is at least six years of
age obtains a previously undisclosed SSN, or has been assigned a new SSN, the
documentation must be submitted at the family's next regularly scheduled
reexamination.
The PHA must deny assistance to an applicant family if they do not meet the SSN
disclosure, documentation and verification, and certification requirements contained in
24 CFR 5.216.
Page 36 of 36
3 -II.D. FAMILY CONSENVAUTHORIZATION FOR RELEASE OF INFORMATION [24
CFR 5.230, HCV GB, p. 5 -13]
HUD requires each adult family member, and the head of household, spouse, or
cohead, regardless of age, to sign form HUD -9886, Authorization for the Release of
Information /Privacy Act Notice, and other consent forms as needed to collect
information relevant to the family's eligibility and level of assistance. Chapter 7 provides
detailed information concerning the consent forms and verification requirements.
The PHA must deny admission to the program if any member of the applicant family
fails to sign and submit the consent forms for obtaining information in accordance with
24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3)].
3 -II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR
5.612 and FR Notice 4110106]
Section 327 of Public Law 109 -115 and the implementing regulation at 24 CFR 5.612
established new restrictions on the eligibility of certain students (both part- and full -time)
who are enrolled in institutions of higher education.
If a student enrolled at an institution of higher education is under the age of 24, is not a
veteran, is not married, and does not have a dependent child, the student's eligibility
must be examined along with the income eligibility of the student's parents. In these
cases, both the student and the student's parents must be income eligible for the
student to receive HCV assistance. If, however, a student in these circumstances is
determined independent from his/her parents in accordance with PHA policy, the
income of the student's parents will not be considered in determining the student's
eligibility.
The new law does not apply to students who reside with parents who are applying to
receive HCV assistance. It is limited to students who are seeking assistance on their
own, separately from their parents.
Definitions
In determining whether and how the new eligibility restrictions apply to a student, the
PHA will rely on the following definitions [FR 4110106, p. 18148].
Dependent Child
In the context of the student eligibility restrictions, dependent child means a dependent
child of a student enrolled in an institution of higher education. The dependent child
must also meet the definition of dependent in 24 CFR 5.603, which states that the
dependent must be a member of the assisted family, other than the head of household
or spouse, who is under 18 years of age, is a person with a disability, or is a full -time
student. Foster children and foster adults are not considered dependents.
Page 37 of 37
Independent Student
The PHA will consider a student independent from his or her parents and the parents'
income will not be considered when determining the student's eligibility if the following
four criteria are all met:
The individual is of legal contract age under state law.
The individual has established a household separate from his/her parents
for at least one year prior to application for occupancy or the individual
meets the U.S. Department of Education's definition of independent
student.
To be considered an independent student according to the
Department of Education, a student must meet one or more of the
following criteria:
Be at least 24 years old by December 31 of the award year
for which aid is sought
Be an orphan or a ward of the court through the age of 18
Be a veteran of the U.S. Armed Forces
Have one or more legal dependents other than a spouse (for
example, dependent children or an elderly dependent
parent)
Be a graduate or professional student
Be married
The individual was not claimed as a dependent by his/her parents
pursuant to IRS regulations, as demonstrated on the parents' most recent
tax forms.
The individual provides a certification of the amount of financial assistance
that will be provided by his/her parents. This certification must be signed
by the individual providing the support and must be submitted even if no
assistance is being provided.
The PHA will verify that a student meets the above criteria in accordance with the
policies in Section 7 -II.E.
Page 38 of 38
Institution of Higher Education
The PHA will use the statutory definition under section 102 of the Higher Education Act
of 1965 to determine whether a student is attending an institution of higher education
(see Exhibit 3 -2).
Parents
For purposes of student eligibility restrictions, the definition of parents includes
biological or adoptive parents, stepparents (as long as they are currently married to the
biological or adoptive parent), and guardians (e.g., grandparents, aunt/uncle,
godparents, etc).
Veteran
A veteran is a person who served in the active military, naval, or air service and who
was discharged or released from such service under conditions other than
dishonorable.
Determining Student Eligibility
If a student is applying for assistance on his/her own, apart from his/her parents, the
PHA must determine whether the student is subject to the eligibility restrictions
contained in 24 CFR 5.612. If the student is subject to those restrictions, the PHA must
ensure that: (1) the student is individually eligible for the program, (2) either the student
is independent from his/her parents or the student's parents are income eligible for the
program, and (3) the "family" with which the student is applying is collectively eligible for
the program.
For any student who is subject to the 5.612 restrictions, the PHA will:
Follow its usual policies in determining whether the student individually
and the student's "family" collectively are eligible for the program
Determine whether the student is independent from his/her parents in
accordance with the definition of independent student in this section
Follow the policies below, if applicable, in determining whether the
student's parents are income eligible for the program
If the PHA determines that the student, the student's parents (if applicable), or the
student's "family" is not eligible, the PHA will send a notice of denial in accordance with
the policies in Section 3- III.F, and the applicant family will have the right to request an
informal review in accordance with the policies in Section 16- III.B.
Page 39 of 39
Determining Parental Income Eligibility
For any student who is subject to the 5.612 restrictions and who does not satisfy the
definition of independent student in this section, the PHA will determine the income
eligibility of the student's parents as follows:
If the student's parents are married and living together, the PHA will obtain a joint
income declaration and certification of joint income from the parents.
If the student's parent is widowed or single, the PHA will obtain an income declaration
and certification of income from that parent.
If the student's parents are divorced or separated, the PHA will obtain an income
declaration and certification of income from each parent.
If the student has been living with one of his/her parents and has not had contact with or
does not know where to contact his/her other parent, the PHA will require the student to
submit a certification under penalty of perjury describing the circumstances and stating
that the student does not receive financial assistance from the other parent. The PHA
will then obtain an income declaration and certification of income from the parent with
whom`the student has been living or had contact.
In determining the income eligibility of the student's parents, the PHA will use the
income limits for the jurisdiction in which the parents live.
PART III: DENIAL OF ASSISTANCE
3- III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and 11, must be
denied assistance.
In addition, HUD requires or permits the PHA to deny assistance based on certain types
of current or past behaviors of family members.
Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5 -35j
Denial of assistance includes any of the following:
Not placing the family's name on the waiting list,
Denying or withdrawing a voucher,
• Not approving a request for tenancy or refusing to enter into a HAP contract, or
• Refusing to process a request for or to provide assistance under portability
procedures.
Page 40 of 40
Prohibited Reasons for Denial of Assistance [24 CFR 982.202(b)]
HUD rules prohibit denial of assistance to the program based on any of the following
criteria:
• Age, disability, race, color, religion, sex, or national origin. (See Chapter 2 for
additional information about fair housing and equal opportunity requirements.)
Where a family lives prior to admission to the program
• Where the family will live with assistance under the program. Although eligibility is
not affected by where the family will live, there may be restrictions on the family's
ability to move outside the PHA's jurisdiction (See Chapter 10, Portability.)
• Whether members of the family are unwed parents, recipients of public assistance,
or children born out of wedlock
• Whether'the family includes children
.. Whether a family decides to participate in a family self- sufficiency program
3- III.B. DENIAL OF ASSISTANCE [24 CFR 982,553(a)]
HUD requires the PHA to deny assistance in the following cases:
Any member of the household has been evicted from federally- assisted housing in
the last 3 years for drug - related criminal activity. However, the PHA will admit an
otherwise - eligible family who was evicted from federally- assisted housing within the
past 3 years for drug- related criminal activity, if the PHA is able to verify that the
household member who engaged in the criminal activity has completed a supervised
drug rehabilitation program approved by the PHA, or the person who committed the
crime, is no longer living in the household.
Any household member has ever been convicted of drug - related criminal activity for
the production or manufacture of methamphetamines on the premises of federally
assisted housing
• Any household member is subject to a lifetime registration requirement under a state
sex offender registration program
Page 41 of 41
3- III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE
Criminal Activity [24 CFR 982.5531
Drug - related criminal activity, defined by HUD as the illegal manufacture, sale,
distribution, or use of a drug, or the possession of a drug with intent to manufacture,
sell, distribute or use the drug [24 CFR 5.900].
The PHA determines that any household member is currently engaged in the use of
illegal drugs.
Currently engaged is defined as any use of illegal drugs during the previous six
months time before the family would receive assistance, certain types of criminal
activity.
In determining reasonable cause, the PHA will consider all credible evidence,
including but not limited to, any record of convictions, arrests, or evictions of
household members related to the use of illegal drugs or the abuse of alcohol. A
conviction will be given more weight than an arrest. The PHA will also consider
evidence from treatment providers or community -based organizations providing
services to household members.
If any household member is currently engaged in, or has engaged in any of the
following criminal activities, within the past (3) three years, the family will be denied
assistance.
Violent criminal activity, defined by HUD as any criminal activity that has as one of its
elements the use, attempted use, or threatened use of physical force substantial
enough to cause, or be reasonably likely to cause, serious bodily injury or property
damage [24 CFR 5.100].
Other Criminal activity that may threaten the health, safety, or right to peaceful
enjoyment of the premises by other residents or persons residing in the immediate
vicinity (Immediate vicinity means within a three -block radius of the premises); or
Criminal activity that may threaten the health or safety of property owners and
management staff, and persons performing contract administration functions or other
responsibilities on behalf of the PHA (including a PHA employee or a PHA contractor,
subcontractor, or agent).
The PHA has reasonable cause to believe that any household member's current use or
pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may
threaten the health, safety, or right to peaceful enjoyment of the premises by other
residents.
Evidence of such criminal activity includes, but is not limited to:
Page 42 of 42
Any conviction for drug - related or violent criminal activity within the past (5) five
years.
Any record of eviction from public or privately -owned housing as a result of
criminal activity within the past (5) five years.
A conviction for drug - related or violent criminal activity will be given more weight
than an arrest for such activity.
In making its decision to deny assistance, the PHA will consider the factors discussed in
Section 3- III.E. Upon consideration of such factors, the PHA may, on a case -by -case
basis, decide not to deny assistance.
Previous Behavior in Assisted Housing [24 CFR 982.552(c)
HUD authorizes the PHA to deny assistance based on the family's previous behavior in
assisted housing:
The PHA will deny assistance to an applicant family if:
The family does not provide complete and true information that the PHA or HUD
determines is necessary in the administration of the program.
Any family member has been evicted from federally- assisted housing in the last
(3) three years.
Any PHA has terminated assistance under the program for any member of the
family in the last (3) three years.
Any family member has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program.
The family owes rent or other amounts to any PHA in connection with the HCV or
public housing programs.
A family member has engaged in or threatened violent or abusive behavior
toward PHA personnel.
Abusive or violent behavior towards PHA 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.
Page 43 of 43
In making its decision to deny assistance, the PHA will consider the factors discussed in
Section 3- III.E. Upon consideration of such factors, the PHA may, on a case -by -case
basis, decide not to deny assistance.
3- III.D. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement
agencies to screen applicants for admission to the HCV program. This authority assists
the PHA in complying with HUD requirements and PHA 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 PHA must require every applicant family to submit a
consent form signed by each adult household member [24 CFR 5.903].
The PHA will perform a criminal background check through local law enforcement for
every adult household member 18 years of age and older.
If the results of the criminal background check indicate that there may be past criminal
activity, but the results are inconclusive, the PHA will request a fingerprint card and will
request information from the National Crime Information center (NCIC).
PHAs are 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 member is known to have resided [24 CFR
982.553(a)(2)(i)].
If the PHA proposes to deny assistance based on a criminal record or on lifetime sex
offender registration information, the PHA 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 PHA has no liability or responsibility to the owner for the family's behavior or
suitability for tenancy. The PHA may opt to conduct additional screening to determine
whether an applicant is likely to be a suitable tenant.
The PHA will not conduct any tenant 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 PHA 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
Page 44 of 44
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 PHA to provide prospective owners with the family's current and prior
address (as shown in PHA records) and the name and address (if known) of the owner
at the family's current and prior addresses. HUD permits the PHA 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.
The PHA will inform owners of their responsibility to screen prospective tenants, and
may provide the owner other information in the. PHA possession about the tenancy
history or about drug trafficking by family members.
The PHA's policy on providing information to owners is included in the briefing packet
and will apply uniformly to all families and owners.
3- III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence [24 CFR 982.553(c)]
The PHA will use the concept of the preponderance of the evidence as the standard for
making all admission decisions.
Preponderance of the evidence 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)]
The PHA will consider all relevant circumstances when deciding whether to deny
assistance based on a family's past history except in the situations for which denial of
assistance is mandated (see Section 3- 161.6).
The PHA will consider the following factors prior to making its decision:
The seriousness of the case, especially with respect to how it would affect other
residents
The effects that denial of assistance may have on other members of the family
who were not involved in the action or failure
Page 45 of 45
The extent of participation or culpability of individual family members, including
whether the culpable family member is a minor or a person with disabilities
Mitigating circumstances related to the disability of a family member
In the case of drug or alcohol abuse, whether the culpable household member is
participating in or has successfully completed a supervised drug or alcohol
rehabilitation program or has otherwise been rehabilitated successfully
The PHA will require the applicant to submit evidence of the household
member's current participation in or successful completion of a supervised drug
or alcohol rehabilitation program, or evidence of otherwise having been
rehabilitated successfully.
Evidence of rehabilitation may also include, but are not limited to, anger
management courses, parenting classes and other applicable courses.
Removal of a Family Member's Name from the Application [24 CFR
982.552(c)(2)(i i)]
HUD permits PHAs to impose as a condition of admission, a requirement that family
members who participated in or were culpable for an action or failure to act which
results in the denial of assistance, to not reside in the unit.
As a condition of receiving assistance, a family may agree to remove the culpable family
member from the application. In such instances, the head of household must certify that
the family member will only be permitted to visit and will not be allowed to stay as a
guest in the assisted unit.
After admission to the program, the family must present evidence of the former family
member's current address upon PHA request.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA's decision concerning denial of
admission is subject to consideration of reasonable accommodation in accordance with
24 CFR Part 8.
If the family indicates that the behavior of a family member with a disability is the reason
for the proposed denial of assistance, the PHA will determine whether the behavior is
related to the disability. If so, upon the family's request, the PHA will determine whether
alternative measures are appropriate as a reasonable accommodation. The PHA will
only consider accommodations that can reasonably be expected to address the
behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a
discussion of reasonable accommodation.
Page 46 of 46
3- III.F. NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance, the PHA will notify the family when it extends the
invitation to attend the voucher briefing appointment, as discussed in Chapter 5.
If the PHA determines that a family is not eligible for the program for any reason, the
family must be notified "promptly ". The notice must describe: (1) the reasons for which
assistance has been denied, (2) the family's right to an informal review, and (3) the
process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for
informal review policies and procedures.
The family will be notified of a decision to deny assistance in writing within 10 business
days of the determination.
If a PHA uses a criminal record or sex offender registration information obtained under
24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the
notice to deny, with an opportunity for the applicant to dispute the accuracy and
relevance of the information before the PHA can move to deny the application. In
addition, a copy of the record must be provided to the subject of the record [24 CFR
5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the
accuracy and relevance of that record, in the informal review process in accordance
with program requirements [24 CFR 982.553(d)].
The family will be given 10 business days to dispute the accuracy and relevance of the ,
information. If the family does not contact the PHA to dispute the information within. that
10 -day period, the PHA will proceed with issuing the notice of denial of admission. A
family that does not exercise their right to dispute the accuracy of the information prior
to issuance of the official denial letter will still be given the opportunity to do so as part
of the informal review process.
Notice requirements related to denying assistance to noncitizens are contained in
Section 3 -11.13.
EXHIBIT 3 -1: DETAILED DEFINITIONS RELATED TO DISABILITIES
Person with Disabilities [24 CFR 5.403]
The term person with disabilities means a person who has any of the following types of
conditions:
Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:
Inability to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to result in
death or which has lasted or can be expected to last for a continuous period of
not less than 12 months; or
Page 47 of 47
In the case of an individual who has attained the age of 55 and is blind (within the
meaning of "blindness" as defined in section 416(i)(1) of this title), inability by
reason of such blindness to engage in substantial gainful activity, requiring skills
or ability comparable to those of any gainful activity in which he has previously
engaged with some regularity and over a substantial period of time.
• Has a developmental disability as defined in the Developmental Disabilities
Assistance and Bill of Rights Act [42 U.S.C.6001(8)], which defines developmental
disability in functional terms as:
A severe, chronic disability of a person 5 years of age or older which;
- Is attributable to a mental or physical impairment or combination of mental
and physical impairments;
- Is manifested before the person attains age twenty -two;
- Is likely to continue indefinitely;
- Results in substantial functional limitations in three or more of the following
areas of major life activity: (i) self -care, (ii) receptive and responsive
language, (iii) learning, (iv) mobility, (v) self - direction, (vi) capacity for
independent living, and (vii) economic self- sufficiency; and
- Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services which are of
lifelong or extended duration and are individually planned and coordinated,
except that such term, when applied to infants and young children, means
individuals from birth to age 5, inclusive, who have substantial developmental
delay or specific congenital or acquired conditions with a high probability of
resulting in developmental disabilities if services are not provided."
Has a physical, mental, or emotional impairment that is expected to be of long -
continued and indefinite duration; substantially impedes his or her ability to live
independently, and is of such a nature that the ability to live independently could be
improved by more suitable housing conditions.
People with the acquired immunodeficiency syndrome (AIDS) or any conditions
arising from the etiologic agent for AIDS are not excluded from this definition.
A person whose disability is based solely on any drug or alcohol dependence does not
qualify as a person with disabilities for the purposes of this program.
For purposes of reasonable accommodation and program accessibility for persons with
disabilities, the term person with disabilities refers to an individual with handicaps.
Page 48 of 48
Individual with Handicaps [24 CFR 8.31
Individual with handicaps means any person who has a physical or mental impairment
that substantially limits one or more major life activities; has a record of such an
impairment; or is regarded as having such an impairment. The term does not include
any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs
prevents the individual from participating in the program or activity in question, or whose
participation, by reason of such current alcohol or drug abuse, would constitute a direct
threat to property or the safety of others. As used in this definition, the phrase:
(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical
loss affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine; or
(b) Any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term
physical or mental impairment includes, but is not. limited to, such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, emotional'illness, drug addiction and
alcoholism.
(2) Major life activities means functions such as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(3) Has a record of such an impairment means has a history of, or has been
misclassified as having, a mental or physical impairment that substantially limits one
or more major life activities.
(4) Is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit one or more
major life activities but that is treated by a recipient as constituting such a
limitation;
(b) Has a physical or mental impairment that substantially limits one or more major
life activities only as a result of the attitudes of others toward such impairment; or
(c) Has none of the impairments defined in paragraph (1) of this section but is
treated by a recipient as having such an impairment.
Page 49 of 49
EXHIBIT 3 -2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION
[20 U.S.C. 1001 and 10021
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing
Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006]
Institution of Higher Education shall have the meaning given this term in the Higher
Education Act of 1965 in 20 U.S.C. 1001 and 1002.
Definition of "Institution of Higher Education" From 20 U. S. C. 1001
(a) Institution of higher education. For purposes of this chapter, other than
subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term
"institution of higher education" means an educational institution in any State that
(1) Admits as regular students only persons having a certificate of graduation from a
school providing secondary education, or the recognized equivalent of such a
certificate;
(2) Is legally authorized within such State to provide a program of education beyond
secondary education;
(3) Provides an educational program for which the institution awards a bachelor's
degree or provides not less than a 2 -year program that is acceptable for full
credit toward such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association, or if
not so accredited, is an institution that has been granted preaccreditation status
by such an agency or association that has been recognized by the Secretary for
the granting of preaccreditation status, and the Secretary has determined that
there is satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(b) Additional institutions included. For purposes of this chapter, other than subchapter
IV and part C of subchapter I of chapter 34 of Title 42, the term "institution of higher
education" also includes—
(1) Any school that provides not less than a 1 -year program of training to prepare
students for gainful employment in a recognized occupation and that meets the
provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and
(2) A public or nonprofit private educational institution in any State that, in lieu of the
requirement in subsection (a)(1) of this section, admits as regular students
persons who are beyond the age of compulsory school attendance in the State in
which the institution is located.
Page 50 of 50
(c) List of accrediting agencies. For purposes of this section and section 1002 of this
title, the Secretary shall publish a list of nationally recognized accrediting agencies
or associations that the Secretary determines, pursuant to subpart 2 of part G of
subchapter IV of this chapter, to be reliable authority as to the quality of the
education or training offered.
Definition of `Institution of Nigher Education" From 20 U. S. C. 1002
(a) Definition of institution of higher education for purposes of student assistance
programs
(1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this
subsection, the term "institution of higher education" for purposes of subchapter
IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in
addition to the institutions covered by the definition in section 1001 of this title -
(A) A proprietary institution of higher education (as defined in subsection (b).of
this section);
(B) A postsecondary vocational institution (as defined in subsection (c) of this
section); and
(C) Only for the purposes of part B of subchapter IV of this chapter, an institution
outside the United States that is comparable to an institution of higher
education as defined in section 1001 of this title and that has been approved
by the Secretary for the purpose of part B of subchapter IV of this chapter.
(2) Institutions outside the United States
(A) In general. For the purpose of qualifying as an institution under paragraph
(1)(C), the Secretary shall establish criteria by regulation for the approval of
institutions outside the United States and for the determination that such
institutions are comparable to an institution of higher education as defined in
section 1001 of this title (except that a graduate medical school, or a
veterinary school, located outside the United States shall not be required to
meet the requirements of section 1001 (a)(4) of this title). Such criteria shall
include a requirement that a student attending such school outside the United
States is ineligible for loans made, insured, or guaranteed under part B of
subchapter IV of this chapter unless-
(i) In the case of a graduate medical school located outside the United
States --
(1)(aa) At least 60 percent of those enrolled in, and at least 60 percent of
the graduates of, the graduate medical school outside the United
States were not persons described in section 1091(a)(5) of this title in
the year preceding the year for which a student is seeking a loan under
part B of subchapter IV of this chapter; and
Page 51 of 51
(bb) At least 60 percent of the individuals who were students or graduates
of the graduate medical school outside the United States or Canada
(both nationals of the United States and others) taking the
examinations administered by the Educational Commission for Foreign
Medical Graduates received a passing score in the year preceding the
year for which a student is seeking a loan under part B of subchapter
IV of this chapter; or
(II) The institution has a clinical training program that was approved by a
State as of January 1, 1992; or
(ii) In the case of a veterinary school located outside the United States that
does not meet the requirements of section 1001(a)(4) of this title, the
institution's students complete their clinical training at an approved
veterinary school located in the United States.
(B) Advisory panel
(i) In general. For the purpose of qualifying as an institution under paragraph
(1)(C) of this subsection, the Secretary shall establish an advisory panel of
medical experts that shall—
(1) Evaluate the standards of accreditation applied to applicant foreign
medical schools; and
(II) Determine the comparability of those standards to standards for
accreditation applied to United States medical schools.
(ii) Special rule if the accreditation standards described in clause (i) are
determined not to be comparable, the foreign medical school shall be
required to meet the requirements of section 1001 of this title.
(C) Failure to release information. The failure of an institution outside the United
States to provide, release, or authorize release to the Secretary of such
information as may be required by subparagraph (A) shall render such
institution ineligible for the purpose of part B of subchapter IV of this chapter.
(D) Special rule. If, pursuant to this paragraph, an institution loses eligibility to
participate in the programs under subchapter 1V of this chapter and part C of
subchapter I of chapter 34 of title 42, then a student enrolled at such
institution may, notwithstanding such loss of eligibility, continue to be eligible
to receive a loan under part B while attending such institution for the
academic year succeeding the academic year in which such loss of eligibility
occurred.
Page 52 of 52
(3) Limitations based on course of study or enrollment. An institution shall not be
considered to meet the definition of an institution of higher education in
paragraph (1) if such institution—
(A) Offers more than 50 percent of such institution's courses by correspondence,
unless the institution is an institution that meets the definition in section 2471
(4)(C) of this title;
(B) Enrolls 50 percent or more of the institution's students in correspondence
courses, unless the institution is an institution that meets the definition in such
section, except that the Secretary, at the request of such institution, may
waive the applicability of this subparagraph to such institution for good cause,
as determined by the Secretary in the case of an institution of higher
education that provides a 2 -or 4 -year program of instruction (or both) for
which the institution awards an associate or baccalaureate degree,
respectively;
(C) Has a student enrollment in which more than 25 percent of the students are
incarcerated, except that the Secretary may waive the limitation contained in
this subparagraph for a nonprofit institution that provides a 2 -or 4 -year
program of instruction (or both) for which the institution awards a bachelor's
degree, or an associate's degree or a postsecondary diploma, respectively; or
(D) Has a student enrollment in which more than 50 percent of the students do
not have a secondary school diploma or its recognized equivalent, and does
not provide a 2 -or 4 -year program of instruction (or both) for which the
institution awards a bachelor's degree or an associate's degree, respectively,
except that the Secretary may waive the limitation contained in this
subparagraph if a nonprofit institution demonstrates to the satisfaction of the
Secretary that the institution exceeds such limitation because the institution
serves, through contracts with Federal, State, or local government agencies,
significant numbers of students who do not have a secondary school diploma
or its recognized equivalent.
(4) Limitations based on management. An institution shall not be considered to meet
the definition of an institution of higher education in paragraph (1) if—
(A) The institution, or an affiliate of the institution that has the power, by contract
or ownership interest, to direct or cause the direction of the management or
policies of the institution, has filed for bankruptcy, except that this paragraph
shall not apply to a nonprofit institution, the primary function of which is to
provide health care educational services (or an affiliate of such an institution
that has the power, by contract or ownership interest, to direct or cause the
direction of the institution's management or policies) that files for bankruptcy
under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or
Page 53 of 53
(B) The institution, the institution's owner, or the institution's chief executive
officer has been convicted of, or has pled nolo contendere or guilty to, a crime
involving the acquisition, use, or expenditure of funds under subchapter IV of
this chapter and part C of subchapter I of chapter 34 of title 42, or has been
judicially determined to have committed fraud involving funds under
subchapter IV of this chapter and part C of subchapter I of chapter 34 of title
42.
(5) Certification. The Secretary shall certify an institution's qualification as an
institution of higher education in accordance with the requirements of subpart 3
of part G of subchapter IV of this chapter.
(6) Loss of eligibility. An institution of higher education shall not be considered to
meet the definition of an institution of higher education in paragraph (1) if such
institution is removed from eligibility for funds under subchapter IV of this chapter
and part C of subchapter I of chapter 34 of title 42 as a result of an action
pursuant to part G of subchapter IV of this chapter.
(b) Proprietary institution of higher education
(1) Principal criteria. For the purpose of this section, the term "proprietary institution
of higher education" means a school that --
(A) Provides an eligible program of training to prepare students for gainful
employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this
title;
(C) Does not meet the requirement of paragraph (4) of section 1001 (a) of this
title;
(D) Is accredited by a nationally recognized accrediting agency or association
recognized by the Secretary pursuant to part G of subchapter IV of this
chapter;
(E) Has been in existence for at least 2 years; and
(F) Has at least 10 percent of the school's revenues from sources that are not
derived from funds provided under subchapter IV of this chapter and part C of
subchapter I of chapter 34 of title 42, as determined in accordance with
regulations prescribed by the Secretary.
(2) Additional institutions. The term "proprietary institution of higher education" also
includes a proprietary educational institution in any State that, in lieu of the
requirement in paragraph (1) of section 1001 (a) of this title, admits as regular
students persons who are beyond the age of compulsory school attendance in
the State in which the institution is located.
Page 54 of 54
(c) Postsecondary vocational institution.
(1) Principal criteria. For the purpose of this section, the term "postsecondary
vocational institution" means a school that—
(A) Provides an eligible program of training to prepare students for gainful
employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a)
of this title; and
(C) Has been in existence for at least 2 years.
(2) Additional institutions. The term "postsecondary vocational institution" also
includes an educational institution in any State that, in lieu of the requirement in
paragraph (1) of section 1001 (a) of this title, admits as regular students persons
who are beyond the age of compulsory school attendance in the State in which
the institution is located.
Chapter 4
APPLICATIONS, WAITING LIST AND TENANT SELECTION
INTRODUCTION
When a family wishes to receive Section 8 HCV assistance, the family must submit an
application that provides the PHA with the information needed to determine the family's
eligibility. HUD requires the PHA to place all families that apply for assistance on a
waiting list. When HCV assistance becomes available, the PHA must select families
from the waiting list in accordance with HUD requirements and PHA policies as stated in
the administrative plan and the annual plan.
The PHA is required to adopt a clear approach to accepting applications, placing
families on the waiting list, selecting families from the waiting list and must follow this
approach consistently. The actual order in which families are selected from the waiting
list can be affected if a family has certain characteristics designated by HUD or the PHA
to receive preferential treatment. Funding earmarked exclusively for families with
particular characteristics may also alter the order in which families are served.
HUD regulations require that all families have an equal opportunity to apply for and
receive housing assistance, and that the PHA affirmatively further fair housing goals in
the administration of the program [24 CFR 982.53, HCV GB p. 4 -11. Adherence to the
selection policies described in this chapter ensures that the PHA will be in compliance
with all relevant fair housing requirements, as described in Chapter 2.
Page 55 of 55
This chapter describes HUD and PHA policies for taking applications, managing the
waiting list and selecting families for HCV assistance. The policies outlined in this
chapter are organized into three sections, as follows:
Part I: The Application Process. This part provides an overview of the application
process, and discusses how applicants can obtain and submit applications. It
also specifies how the PHA will handle the applications it receives.
Part II: Managing the Waiting List. This part presents the policies that govern how
the PHA's waiting list is structured, when it is opened and closed, and how the
public is notified of the opportunity to apply for assistance. It also discusses the
process the PHA will use to keep the waiting list current.
Part III: Selection for HCV Assistance. This part describes the policies that guide
the PHA in selecting families for HCV assistance as such assistance becomes
available. it also specifies how in- person interviews will be used to ensure that
the PHA has the information needed to make a final eligibility determination.
PART I: THE APPLICATION PROCESS
4 -I.A. OVERVIEW
This part describes the policies that guide the PHA's efforts to distribute and accept
applications, and to make preliminary determinations of applicant family eligibility that
affect placement of the family on the waiting list. This part also describes the PHA's
obligation to ensure the accessibility of the application process to elderly persons,
people with disabilities, and people with limited English proficiency (LEP).
4 -I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4 -11 — 4 -16]
Any family wishing to receive HCV assistance must apply for admission to the program.
HUD permits the PHA to determine the format and content of HCV applications, as well
as how such applications will be made available to interested families and how the PHA
will accept applications.
The BPHA conducts a two -step application process. Under this process, the PHA
typically accepts initial information by telephone only. It is also optional for the PHA to
accept applications through office visits. The exact process of accepting initial
applications will be determined and noticed for the public prior to accepting applications.
The PHA initially will require families to provide only the information needed to make an
initial assessment of the family's eligibility, and to determine the family's placement on
the waiting list. The family will be required to provide all of the information necessary to
establish family eligibility and level of assistance when the family is selected from the
waiting list.
Page 56 of 56
Families who submit a pre - application via the telephone will be placed in the HCV
software system, which creates a client number with date and time of submittal. The
family will then be sent an application form to complete and return to the BPHA.
Completed, original application forms must be submitted by mail or in person during
regular business hours. Applications must be complete in order to be accepted by the
PHA for processing. Families will be notified if their application is incomplete and
provided additional time to provide the necessary information.
4 -I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4 -11 — 4 -131
The PHA must take a variety of steps to ensure that the application process is
accessible to those people who might have difficulty complying with the normal,
standard PHA application process. This could include people with disabilities, certain
elderly individuals, as well as persons with limited English proficiency (LEP). The PHA
must provide reasonable accommodation to the needs of individuals with disabilities.
The application - taking facility and the application process must be fully accessible, or
the PHA must provide an alternate approach that provides full access to the application
process. Chapter 2 provides a full discussion of the PHA's policies related to providing
reasonable accommodations for people with disabilities.
Limited English Proficiency
PHAs are required to take reasonable steps to ensure meaningful access to their
programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter
2 provides a full discussion on the PHA's policies related to ensuring access to people
with limited English proficiency (LEP).
4 -I.D. PLACEMENT ON THE WAITING LIST
All families wishing to receive rental assistance through a Housing Authority rental
assistance program are initially placed on the preliminary waiting list. This is essentially
an interest list. Families are placed in the preliminary waiting list according to any
preference(s) for which they qualify, and the date and time of their registration.
Preliminary information regarding the family's address, income, family composition and
disability status is collected. However, this information is not verified until the family is
drawn from the preliminary waiting list. The PHA will send written notification of the
preliminary eligibility determination within 30 business days of receiving a complete
application.
Ineligible for Placement of the Waiting List
The BPHA does not consider anyone ineligible for the waiting list. Final determination
of eligibility will be verified once the family is selected from the waiting list based on the
order of placement.
Page 57 of 57
Eligible for Placement of the Waiting List
The PHA will send written notification of the preliminary eligibly determination within 30
business days of receiving a complete application. Applicants will be placed on the
waiting list according to any preference(s) for which they qualify, and the date and time
their initial application was received.
Placement on the waiting list does not indicate that the family is, in fact, eligible for
assistance. A final determination of eligibility will be verified once the family is selected
from the waiting list based on the order of placement.
PART II: MANAGING THE WAITING LIST
4 -II.A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the
waiting list of applicant families. This includes opening the list to new applicants, closing
the list to new applicants, notifying the public of waiting list openings and closings,
updating waiting list information, purging the list of families that are no longer interested
in or eligible for assistance, as well as conducting outreach to ensure a sufficient .
number of applicants.
In addition, HUD imposes requirements on how a PHA may structure its waiting list and
how families must be treated if they apply for assistance from a PHA that administers
more than one assisted housing program.
4 -11.13. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205]
The PHA's HCV waiting list must be organized in such a manner to allow the PHA to
accurately identify and select families for assistance in the proper order, according to
the admissions policies described in this plan.
The waiting list must contain the following information for each applicant listed:
• Applicant name
• Applicant address
• Family unit size
• Family income
• Date and time of application
• Qualification for any local preference
• Racial or ethnic designation of the head of household
The PHA will maintain a single waiting list for the HCV program.
The PHA will merge the HCV waiting with its TBRA program, however will not merge it
with the Public Housing waiting list.
Page 58 of 58
4 -II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206]
Opening the Waiting List [24 CFR §982.206(a)]
When the Housing Authority opens the waiting list, it will give public notice by
advertising in the following newspapers, minority publications, and media entities.
➢ San Gabriel Valley Tribune
➢ The NOW newspaper
➢ La Opinion
➢ Websites in the Housing Authority's jurisdiction (Baldwin Park, West Covina, El
Monte, South El Monte and Monrovia)
The Housing Authority's public notice will contain:
➢ The dates, times, and locations where families may apply;
➢ The programs for which applications will be taken;
➢ A brief description of the program(s);
➢ A statement that public housing residents must submit a separate application if
they want to apply to a rental assistance program.
➢ Any limitations on who may apply;
➢ The Fair Housing Logo.
The notice will be made in an accessible format to persons with disabilities if requested.
Additional time for submission of an application after the stated deadline will be given as
a reasonable accommodation at the request of a person with a disability.
Closing the Waiting List [24 CFR §982.206(c)]
Should it become necessary to close the waiting list, the Housing Authority will use the
same advertising methods described above.
Notification of impending closure will be provided to the public for a minimum of 30
calendar days.
4 -II.D. FAMILY OUTREACH [HCV GB, pp. 4 -2 to 4 -4]
The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient
number of applicants on the waiting list to use the HCV resources it has been allotted.
Because HUD requires the PHA to serve a specified percentage of extremely low
income families (see Chapter 4, Part III), the PHA may need to conduct special
outreach to ensure that an adequate number of such families apply for assistance [HCV
GB, p. 4 -20 to 4-21].
Pago 59 of 59
PHA outreach efforts must comply with fair housing requirements. This includes:
• Analyzing the housing market area and the populations currently being served to
identify underserved populations
• Ensuring that outreach efforts are targeted to media outlets that reach eligible
populations that are underrepresented in the program
• Avoiding outreach efforts that prefer or exclude people who are members of a
protected class
PHA outreach efforts must be designed to inform qualified families about the availability
of assistance under the program. These efforts may include, as needed, any of the
following activities:
• Submitting press releases to local newspapers, including minority newspapers
• Developing informational materials and flyers to distribute to other agencies
• Providing application forms to other public and private agencies that serve the
low income population
• Developing partnerships with other organizations that serve similar populations,
including agencies that provide services for persons with disabilities
The PHA will monitor the characteristics of the population being served and the
characteristics of the population as a whole in the PHA's jurisdiction. Targeted outreach
efforts will be undertaken if a comparison suggests that certain populations are being
underserved.
4 -II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES [24 CFR §9$2.204 (b)]
Applicants are required to notify the Housing Authority in writing, within 30 calendar
days, when their circumstances change, including any change of address, income, or
family composition.
4 -II.F. UPDATING THE WAITING LIST [24 CFR 982.204]
Removal From Waiting List and Purging
If possible, the waiting list will be purged and updated annually to ensure that all
applicants and applicant information is current. To update the waiting list, the Housing
Authority will send interest letters via first class mail to each family on the waiting list to
determine whether the family continues to be interested in, and to qualify for, the
program.
Any mailings to the applicant, which require a response, will state that failure to respond
within 10 business days will result in the applicant's name being withdrawn from the
waiting list.
Page 60 of 60
An extension of 10 business days to respond will be granted, if requested and needed
as a reasonable accommodation or with proof of extenuating circumstances (i.e., heath
and family emergencies).
The family's response must be in writing and may be delivered in person or by mail.
Responses should be postmarked or received by the PHA not later than 10 business
days from the date of the Housing Authority letter.
If the family fails to respond within 10 business days, the family will be removed from
the waiting list without further notice.
If the notice is returned by the post office with no forwarding address, the address will
be verified for accuracy through the program software and any written documentation
(i.e., change of address forms, original application or notes in the system). If there is an
discrepancy found with the address, a second notice will be sent to the correct address.
If there is no discrepancy found, the applicant will be removed from the waiting list
without further notice.
If the notice is returned by the post office with a forwarding address, the letter will be re-
sent to the address indicated. The family will have 10 business days to respond from
the date the letter was re -sent.
Applicants who are removed from the waiting list for failure to respond are not entitled to
reinstatement on the waiting list, unless:
➢ The Housing Authority verifies a family /health /work emergency, or
➢ The applicant failed to respond because of a family member's disability.
➢ A Housing Authority error occurred (incorrect address).
Periodically, registrants will call to check their status on the waiting list and learn that
they have been withdrawn because mail was returned undeliverable. In extenuating
circumstances, such as a long -term illness, or other family emergency, the applicant
may be reinstated. However, the applicant must be able to provide documentation of the
circumstances. Such requests will be reviewed and approved on case -by -case basis by
the Housing Manager.
Removal from the Waiting List
If at any time an applicant family is on the waiting list, the PHA determines that the
family is not eligible for assistance (see Chapter 3), the family will be removed from the
waiting list.
If a family is removed from the waiting list because the PHA has determined the family
is not eligible for assistance, a notice will be sent to the family's address of record as
well as to any alternate address provided on the initial application. The notice will state
the reasons the family was removed from the waiting list and will inform the family how
to request an informal review regarding the PHA's decision (see Chapter 16) [24 CFR
982.201(f)].
Page 61 of 61
PART III: SELECTION FOR HCV ASSISTANCE
4- III.A. OVERVIEW
As vouchers become available, families on the waiting list must be selected for
assistance in accordance with the policies described in this part.
The order in which families receive assistance from the waiting list depends on the
selection method chosen by the PHA and is impacted in part by any selection
preferences that the family qualifies for. The source of HCV funding also may affect the
order in which families are selected from the waiting list.
The PHA must maintain a clear record of all information required to verify that the family
is selected from the waiting list according to the PHA's selection policies [24 CFR
982.204(b) and 982.207(e)].
4- 111.6. SELECTION AND HCV FUNDING SOURCES
Special Admissions [24 CFR 982.203]
HUD may award funding for specifically -named families living in specified types of units
(e.g., a family that is displaced by demolition of public housing; a non - purchasing family
residing in a HOPE 1 or 2 projects). In these cases, the PHA may admit families that are
not on the waiting list, or without considering the family's position on the waiting list. The
PHA must maintain records showing that such families were admitted with special
program funding.
Targeted Funding [24 CFR 982.204(e)]
HUD may award a PHA funding for a specified category of families on the waiting list.
The PHA must use this funding only to assist the families within the specified category.
Within this category of families, the order in which such families are assisted is
determined according to the policies provided in Section 4- III.C.
The PHA also administers The Tenant -Based Rental Assistance Programs (Home
Funds).
Regular HCV Funding
Regular HCV funding may be used to assist any eligible family on the waiting list.
Families are selected from the waiting list according to the policies provided in Section
4- III.C.
Page 62 of 62
Cross - listing of Public Housing and Section 8 Waiting Lists [24 CFR §982.205(a)]
The Housing Authority does not merge the waiting lists for public housing and Section 8.
However, if the Section 8 waiting list is open when the applicant is placed on the public
housing list, the Housing Authority must offer to place the family on the Section 8
waiting list. If the public housing waiting list is open at the time an applicant applies for
Section 8 rental assistance, the Housing Authority must offer to place the family on the
public housing waiting list.
4- III.C. SELECTION METHOD [24 CFR 982.202(d)].
Local Preferences and verification of waiting list preferences [24 CFR 982.207;
HCV p. 4 -16]
The Housing Authority will apply a system of local preferences in determining
admissions for the program. All preferences will be subject to the availability of funds
and all applicants will be required to meet all eligibility requirements. Local preferences
are weighted highest to lowest, in the following order:
Date and Time of Re istration: When the family placed their name on the Section 8
Waiting List.
Involuntary Displacement: Involuntarily displaced applicants are applicants who have
been involuntarily displaced and are not living in standard, permanent replacement
housing, or will be involuntarily displaced within no more than six months from the date
of verification by the PHA.
Families are considered involuntarily displaced if they are required to vacate housing as
a result of:
1. A disaster (fire, flood, earthquake, etc.) that has caused the unit to be
uninhabitable.
2. Federal, state or local government action related to code enforcement, public
improvement or development.
Families who claim they are being or have been displaced due to either a disaster or
government action: written verification by the displacing unit or agency of government,
or by a service agency such as the Red Cross.
Resident Veterans — A resident veteran is defined as a member of the U.S. Armed
Forces, veterans or surviving spouses of veterans living with in the Housing Authority's
jurisdiction.
Families who claim resident veteran preference must provide proof of residency (as
listed under Residency Preference) and proof of current status in the Armed Forces,
(Military identification Card, Certification of Class and current Pay stubs) or documents
verifying discharge from the service.
Page 63 of 63
Residency Preference: For families who live in the Housing Authority's jurisdiction will
be admitted before families outside of the Housing Authority's jurisdiction.
In order to verify that an applicant is a resident, the PHA will require a minimum of (4)
four of the following documents: rent receipts, leases, utility bills, employer or agency
records, school records, drivers licenses, voters registration records, credit reports,
statement from household with whom the family is residing.
Veterans — A veteran is defined as a member of the U.S. Armed Forces, veterans or
surviving spouses of veterans living out of the Housing Authority's jurisdiction.
Families who claim Veteran Preference must provide proof of current status in the
Armed Forces (Military identification Card, Certification of Class and current Pay stubs),
or documents verifying discharge from the service.
Income Targeting Requirement [24 CFR 982.201(b)(2)]
HUD requires that extremely low- income (ELI) families make up at least 75% of the
families admitted to the HCV program during the PHA's fiscal year. ELI families are
those with annual incomes at or below 30% of the area median income. To ensure this
requirement is met, a PHA may skip non -ELI families on the waiting list in order to
select an ELI family.
Low income families admitted to the program that are "continuously assisted" under the
1937 Housing Act [24 CFR 982.4(b)], as well as low- income or moderate - income
families admitted to the program that are displaced as a result of the prepayment of the
mortgage or voluntary termination of an insurance contract on eligible low- income
housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)].
The Housing Authority will monitor progress in meeting the ELI requirement throughout
the fiscal year. Extremely low- income families will be selected ahead of other eligible
families on an as- needed basis to ensure the income targeting requirement is met.
Order of Selection
The PHA system of preferences may select families either according to the date and
time of application, or by a random selection process [24 CFR 982.207(c)]. When
selecting families from the waiting list PHAs are required to use targeted funding to
assist only those families who meet the specified criteria, and PHAs are not permitted to
skip down the waiting list to a 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)].
Page 64 of 64
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 PHA's hierarchy of
preferences. Within each targeted funding or preference category, families will be
selected on a first -come, first - served basis according to the date and time their
complete application is received by the PHA. Documentation will be maintained by the
PHA 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 PHA does not have to ask higher
placed families each time targeted selections are made.
Among Applicants with Equal Preference Status
Among applicants with equal preference status, date and time will organize the waiting
list.
4- 111.D. NOTIFICATION OF SELECTION
The policies outlined in this chapter are intended to ensure that all families who express
an interest in housing assistance are given an equal opportunity to apply. The primary
purpose of the intake function is to gather information about the family so that an
accurate, fair, and timely decision relative to the family's eligibility may be made.
The PHA 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 interview, including
any procedures for rescheduling the interview
Who is required to attend the interview
Documents that must be provided at the interview to document the legal
identity of household members, including information about what
constitutes acceptable documentation
Other documents and information that should be brought to the interview
If a notification letter is returned to the PHA with no forwarding address, prior to the
family being removed from the waiting list, the address will be verified through the
original application, the housing programs software system and any changes of address
forms submitted. A notice of denial (see Chapter 3) will then be sent to the family's
address of record.
4- III.E. THE APPLICATION INTERVIEW
HUD recommends that the PHA obtain the information and documentation needed to
make an eligibility determination though a private interview [HCV GB, pg. 4 -16]. Being
invited to attend an interview does not constitute admission to the program.
Reasonable accommodation must be made for persons with disabilities who are unable
to attend an interview due to their disability.
Page 65 of 65
Families selected from the waiting list may be required to participate in an eligibility
interview.
The head of household and the spouselcohead may be required to attend the interview
together. However, either the head of household or the spouselcohead may attend the
interview on behalf of the family. Verification of information pertaining to adult members
of the household not present at the interview will not begin until signed release forms
are returned to the PHA.
The interview will be conducted only if the head of household or spouselcohead
provides appropriate documentation of legal identity. (Chapter 7 provides a discussion
of proper documentation of legal identity). If the family representative does not provide
the required documentation, the appointment may be rescheduled when the proper
documents have been obtained.
The family must provide the information necessary to establish the family's eligibility and
determine the appropriate level of assistance, as well as completing required forms,
providing required signatures, and submitting required documentation. If any materials
are missing, the PHA will provide the family with a written list of items that must,be
submitted:
Any required documents or information that the family is unable to provide at the
interview must be provided within 5 business days of the interview (Chapter 7 provides
details about longer submission deadlines for particular items, including documentation
of Social Security numbers and eligible noncitizen status): If the family is unable to
obtain the information or materials within the required time frame, the family may
request an extension. If the required documents and information are not provided within
the required time frame (plus any extensions), the family will be sent a notice of denial
(See Chapter 3).
An advocate, interpreter, or other assistant may assist the family with the application
and the interview process.
Interviews will be conducted in English. For limited English proficient (LEP) applicants,
the PHA will provide translation services in accordance with the PHA's LEP plan.
If the family is unable to attend a scheduled interview, the family should contact the
PHA in advance of the interview to schedule a new appointment. In all circumstances, if
a family does not attend a scheduled interview, the PHA will send another notification
letter with a new interview appointment time. Applicants who fail to attend two
scheduled interviews without PHA approval will be denied assistance based on the
family's failure to supply information needed to determine eligibility. A notice of denial
will be issued in accordance with policies contained in Chapter 3.
Page 66 of 66
4- III.F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the family (see Chapter 7). Based on
verified information, the PHA 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.
If the PHA determines that the family is ineligible, the PHA will send written notification
of the ineligibility determination within 10 business days of the determination. The notice
will specify the reasons for ineligibility, and will inform the family of its right to request an
informal review (Chapter 16).
If a family fails to qualify for any criteria that affected the order in which it was selected
from the waiting list (e.g. targeted funding, extremely low- income), the family will be
returned to its original position on the waiting list. The PHA will notify the family in
Writing that it has been returned to the waiting list, and will specify the reasons for it.
If the PHA determines that the family is eligible to receive assistance, the PHA will invite
the family to attend a briefing in accordance with the policies in Chapter 5.
Secondary Reviews /Credit Reports [24 CFR §982.551(b)(1)]
Before issuing vouchers to applicant families, the Housing Authority requests a credit
report for all new applicant families, as detailed in Section 1.12 (Monitoring Program
Performance). All adults (persons 18 years of age and older) who will reside in the
assisted household will have their credit report reviewed by the Housing Authority.
Applicants claiming that they have zero income will automatically undergo a credit
review. The information contained in the credit report will be used to confirm the
information provided by the family. Specifically, the credit report will be used to confirm:
Employment: A credit report will list any employers that the applicant has listed in any
recent credit applications. If the credit report reveals employment, for any adult
household member, within the last 12 months that was not disclosed, the family will be
asked to provide additional documents to clear up the discrepancy. Failure to disclose
current employment may result in cancellation of the family's application.
Aliases: A credit report can provide information on other names that have been used
for the purposes of obtaining credit. Common reasons for use of other names include a
recent marriage or a divorce. If an alias has not been disclosed to the Housing
Authority, the family will be asked to provide additional evidence of the legal identity of
adult family members.
Page 67 of 67
Current and previous addresses: A credit report can provide a history of where the
family has lived. This is particularly important because the Housing Authority provides a
residency preference. If the family has provided one address to the Housing Authority
and the credit report indicates a different address, the family will be asked to provide
additional proof of residency. This may include a history of utility bills, bank statements,
school enrollment records for children, credit card statements or other relevant
documents. Failure to provide adequate proof will result in the denial of a residency
preference.
Credit card and loan payments: A credit report will usually include a list of the family's
financial obligations. Examples of the items that may show up include car loans,
mortgage loans, student loans and credit card payments. The Housing Authority will
review this information to confirm the income and asset information provided by the
family. If the family's current financial obligations (total amount of current monthly
payments) exceed the amount of income reported by the family, the Housing Authority
will ask the family to disclose how they are currently meeting their financial obligations.
Accounts that have been charged off or significantly delinquent are not included in this
calculation. Failure to provide adequate proof of income will result in termination of the
application,
Multiple Social Security numbers: A credit report may list multiple Social Security
numbers if an adult family member has used different Social Security numbers to obtain
credit. If the credit report information does not match the information provided by an
adult member of the family, the family member will be required to obtain written
confirmation of the Social Security number that was issued to him/her from the Social
Security Administration.
A family will not be issued a voucher until all discrepancies between the information
provided by the applicant family, and the information contained in the credit report have
been cleared by the applicant family. When discrepancies are found, the family will be
contacted by telephone or by mail. In most cases, the family will be allowed a maximum
of 10 calendar days to provide the additional documentation.
On a case -by -case basis, as a reasonable accommodation, the family may be granted
additional time. If additional time is granted, the family will receive a letter confirming the
new deadline. No additional extension will be granted thereafter.
When the credit report reveals multiple discrepancies that are not easily communicated
over the telephone, the Housing Authority will set up a face -to -face interview with the
applicant. The Housing Authority will schedule up to two interview appointments. An
additional interview may be scheduled as a reasonable accommodation. Failure to
appear at the interview session will result in cancellation of the application. Additionally,
failure to provide the necessary information will result in cancellation of the application.
Page 68 of 68
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 PHA
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 PHA issues the family a voucher. The voucher includes the unit size
the family qualifies for based on the PHA'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 PHA policies related to these topics in two
parts:
Part I: Briefings and Family_ Obligations. 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 ll: Subsidy Standards and Voucher Issuance. This part discusses the
PHA'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 l: BRIEFINGS AND FAMILY OBLIGATIONS
5 -I.A. OVERVIEW
HUD regulations require the PHA to conduct mandatory briefings for applicant families.
The briefing provides a broad description of owner and family responsibilities, explains
the PHA'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.
Page 69 of 69
5 -I.B. BRIEFING [24 CFR 982.301]
The PHA 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 PHA must ensure 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.
Briefings will be conducted in group meetings or individually.
The head of household is required to attend the briefing. If the head of household is
unable to attend, the PHA may approve another adult family member to attend the
briefing.
Families that attend group briefings and still need individual assistance will be referred
to an appropriate PHA staff person.
Briefings will be conducted in English. For limited English proficient (LEP) applicants,
the PHA Will provide translation services in accordance with the PHA's LEP plan (See
Chapter 2).
Notification and Attendance
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.
If the notice is returned by the post office with no forwarding address, a notice of denial
(see Chapter 3) will be sent to the family's address of record.
Applicants who fail to attend a scheduled briefing will automatically be scheduled for
another briefing. The PHA will notify the family of the date and time of the second
scheduled briefing. Applicants who fail to attend two scheduled briefings, without PHA
approval, will be denied assistance (see Chapter 3).
Oral Briefing [24 CFR 982.301(a)]
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
PHA's jurisdiction
Page 70 of 70
• For families eligible under portability, an explanation of portability. The PHA
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
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 PHA's policies on any extensions or
suspensions of the term. If the PHA 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 PHA determines the payment standard for a family,
how the PHA determines total tenant payment for a family, and information on
the payment standard and utility allowance schedule.
• An explanation of how the PHA 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 PHA 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 PHA policy on providing information about families to
prospective owners.
• The PHA subsidy standards including when and how exceptions are made.
• The HUD brochure on how to select a unit.
• 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.
Page 71 of 71
• Notice that if the family includes a person with disabilities, the family may request
a list of available accessible units known to the PHA.
The family obligations under the program
• The grounds on which the PHA may terminate assistance for a participant family
because of family action or failure to act.
• PHA informal hearing procedures including when the PHA is required to offer a
participant family the opportunity for an informal hearing, and how to request the
hearing.
If the PHA is located in a metropolitan FMR area, the following additional information
must be 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, including a list of portability contact
persons for neighboring PHAs including names, addresses, and telephone
numbers.
Additional Items to be Included in the Briefing Packet
The PHA will provide the following additional materials in the briefing packet:
■ Information on how to fill out and file a housing discrimination complaint form.
■ The publication Things You Should Know (HUD-1 140-01G) that explains the
types of actions a family must avoid and the penalties for program abuse.
■ A "Good Place to live" pamphlet
■ Family Self- Sufficiency Brochure and materials
Page 72 of 72
5 -LC. FAMILY OBLIGATIONS
Obligations of the family are described in the housing choice voucher (HCV) regulations
and on the voucher itself. These obligations include responsibilities the family is
required to fulfill, as well as prohibited actions. The PHA must inform families of these
obligations during the oral briefing, and the same information must be included in the
briefing packet. When the family's unit is approved and the HAP contract is executed,
the family must meet those obligations in order to continue participating in the program.
Violation of any family obligation may result in termination of assistance, as described in
Chapter 12.
Time Frames for Reporting Changes Required By Family Obligations
Unless otherwise noted below, when family obligations require the family to respond to
a request or notify the PHA of a change, notifying the PHA of the request or change
within 10 business days is considered prompt notice.
When a family is required to provide notice to the PHA, the notice must be in writing.
Family Obligations [24 CFR 982.551]
Following is a listing of a participant family's obligations under the HCV program:
• The family must supply any information that the PHA or HUD determines to be
necessary, including submission of required evidence of citizenship or eligible
immigration status.
• The family must supply any information requested by the PHA or HUD for use in a
regularly scheduled reexamination or interim reexamination of family income and
composition.
• The family must disclose and verify social security numbers and sign and submit
consent forms for obtaining information.
• Any information supplied by the family must be true and complete.
• The family is responsible for any Housing Quality Standards (HQS) breach by the
family caused by failure to pay tenant - provided utilities or appliances, or damages to
the dwelling unit or premises beyond normal wear and tear caused by any member
of the household or guest.
Damages beyond normal wear and tear will be considered to be damages, which
could be assessed against the security deposit.
• The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
Page 73 of 73
• The family must not commit any serious or repeated violation of the lease.
The PHA will determine if a family has committed serious or repeated violations
of the lease based on available evidence, including but not limited to, a court -
ordered eviction, or an owner's notice to evict.
Serious and repeated lease violations will include, but not be limited to,
nonpayment of rent, disturbance of neighbors, destruction of property, or living or
housekeeping habits that cause damage to the unit or premises and criminal
activity. Generally, the criteria to be used is whether the reason for the eviction
was through no fault of the tenant or guests.
• The family must notify the owner before moving out of the unit or terminating the
lease in accordance with the written notice requirements under the lease. The family
must notify the PHA at the same time the owner is notified.
• The family must promptly give the PHA a copy of any owner eviction notice.
• The family must use the assisted unit for residence by the family. The unit must be
the family's only residence.
• The composition of the assisted family residing in the unit must be approved by the
PHA. The family must promptly notify the PHA in writing of the birth, adoption, or
court- awarded custody of a child. The family must request PHA approval to add any
other family member as an occupant of the unit.
The request to add a family member must be submitted in writing and approved
prior to the person moving into the unit. The PHA will determine eligibility of the
new member in accordance with the policies in Chapter 3.
• The family must promptly notify the PHA in writing if any family member no longer
lives in the unit.
If the PHA has given approval, a foster child or a live -in aide may reside in the unit.
The PHA has the discretion to adopt reasonable policies concerning residency by a
foster child or a live -in aide, and to define when PHA consent may be given or
denied. For policies related to the request and approval /disapproval of foster
children, foster adults, and live -in aides, see Chapter 3 (Sections IX and I.M), and
Chapter 11 (Section II.B).
• The family must not sublease the unit, assign the lease, or transfer the unit.
Subleasing includes receiving payment to cover rent and utility costs by a person
living in the unit who is not listed as a family member.
• The family must supply any information requested by the PHA to verify that the
family is living in the unit or information related to family absence from the unit.
Page 74 of 74
• The family must promptly notify the PHA when the family is absent from the unit.
Notice is required under this provision only when all family members will be
absent from the unit for an extended period. An extended period is defined as
any period greater than 30 calendar days. Written notice must be provided to the
PHA at the start of the extended absence.
• The family must pay utility bills and provide and maintain any appliances that the
owner is not required to provide under the lease [Form HUD - 52646, Voucher].
• The family must not own or have any interest in the unit, (other than in a cooperative
and owners of a manufactured home leasing a manufactured home space).
• Family members must not commit fraud, bribery, or any other corrupt or criminal act
in connection with the program. (See Chapter 14, Program Integrity for additional
information).
• Family members must not engage in drug - related criminal activity, violent criminal
activity or other criminal activity that threatens the health, safety or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of the
premises. See Chapter 12 for HUD and PHA policies related to drug - related and
violent criminal activity.
• Members of the household must not engage in abuse of alcohol in a way that
threatens the health, safety or right to peaceful enjoyment of the other residents and
persons residing in the immediate vicinity of the premises. See Chapter 12 for a
discussion of HUD and PHA policies related to alcohol abuse.
« An assisted family or member of the family must not receive HCV program
assistance while receiving another housing subsidy, for the same unit or a different
unit under any other federal, state or local housing assistance program.
A family must not receive HCV program assistance while residing in a unit owned by
a parent, child, grandparent, grandchild, sister or brother of any member of the
family, unless the PHA has determined (and has notified the owner and the family of
such determination) that approving rental of the unit, notwithstanding such
relationship, would provide reasonable accommodation for a family member who is a
person with disabilities. [Form HUD - 52646, Voucher]
Page 75 of 75
PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE
5 -II.A. OVERVIEW
The PHA must establish subsidy standards that determine the number of bedrooms
needed for families of different sizes and compositions. This part presents the policies
that will be used to determine the family unit size (also known as the voucher size) a
particular family should receive, and the policies that govern making exceptions to those
standards. The PHA also must establish policies related to the issuance of the voucher,
to the voucher term, and to any extensions or suspensions of that term.
5 -II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402]
For each family, the PHA determines the appropriate number of bedrooms under the
PHA subsidy standards and enters the family unit size on the voucher that is issued to
the family. The family unit size does not dictate the size of unit the family must actually
lease, nor does it determine who within a household will'share a bedroom /sleeping
room.
The following requirements apply when the PHA determines family unit size:
• The subsidy standards must provide for the smallest number of bedrooms needed to
house a family without overcrowding.
• The subsidy standards must be consistent with space requirements under the
housing quality standards.
• The subsidy standards must be applied consistently for all families of like size and
composition, in a manner consistent with fair housing guidelines and Housing
Quality Standards.
• A child who is temporarily away from the home because of placement in foster care
is considered a member of the family in determining the family unit size.
• A family that consists of a pregnant woman (with no other persons) must be treated
as a two - person family.
• Any live -in aide (approved by the PHA to reside in the unit to care for a family
member who is disabled or is at least 50 years of age) will be allocated a separate
bedroom;
• Unless a live -in -aide resides with a family, the family unit size for any family
consisting of a single person must be either a zero- or one - bedroom unit, as
determined under the PHA subsidy standards.
Page 76 of 76
In accordance with HUD regulations, the unit size designated on the voucher should be
assigned using the following Housing Authority subsidy standards, which are based on
two persons per bedroom:
Number of Bedrooms
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5 Bedrooms
6 Bedrooms
Unit Size Selected
Number of Household Members
1 -2
3 -4
5 -6
7 -8
9 -10
11 -12
The family may select a different size dwelling than that.listed,on the Voucher.
There are three criteria to consider:
1. Subsidy Limitation: The Housing Authority will apply the Payment Standard for
the smaller bedroom size shown on the Voucher or the size of the actual unit
selected by the family.
2. UtiljtV Allowance: The utility allowance is used to calculate the gross rent is
based on the actual size of the unit the family selects, regardless of the size
authorized on the family's Voucher.
3. Housing Quality Standards: The standard allows two persons per living/sleeping
room and permit maximum occupancy levels (assuming a living room is used as
a living/sleeping area) as shown in the table below. The levels may be exceeded
if a room in addition to bedrooms and living room is used for sleeping.
Page 77 of 77
Number of Bedrooms Maximum Number of Household
Members
0 Bedroom 2
1 Bedroom 4
2 Bedrooms 6
3 Bedrooms 8
4 Bedrooms 10
5 Bedrooms 12
6 Bedrooms 14
5 -II.C. EXCEPTIONS TO SUBSIDY STANDARDS
The standards discussed above should apply to the vast majority of assisted families.
However, in some cases, the Housing Authority may grant exceptions that may be
justified include but are not limited to:
• A need for an additional bedroom for medical equipment
• A need for a separate bedroom for reasons related to a family member's
disability, medical or health condition
For a single person who is not elderly, disabled, or a remaining family member, an
exception cannot override the regulatory limit of a zero or one bedroom [24 CFR
982.402(b)(8)l.
The family must request any exception to the subsidy standards in writing. The request
must explain the need or justification for a larger family unit size, and must include
appropriate documentation. Requests based on health - related reasons must be verified
by a doctor, medical, professional or social service professional, unless the disability
and the disability— related request for accommodation is readily apparent or otherwise
known.
The PHA will notify the family of its determination within 10 business days of receiving
the family's request.
The Housing Authority will not issue a larger voucher bedroom size due to additions of
family members other than by birth, adoption, marriage, or court- awarded custody.
Page 78 of 78
Exceptions for Foster Children 24 CFR 982.402 b 4
Exceptions will be made to accommodate foster children. The Los Angeles County
Department of Family and Children Services (DCFS) has very specific housing
guidelines that must be met by foster families. In order to assure that foster children are
able to remain with designated Section 8 foster families, the Housing Authority will
utilize the guidelines published by the Los Angeles County DCFS, or specified in a court
order, in situations involving foster children.
HA Error
If the HA errs in the bedroom size designation, the family will be re- issued a Voucher of
the appropriate size for the full allowable term in accordance with the PHA policy.
Changes for Applicants
The voucher size is determined prior to the briefing by comparing the family composition
to the Housing Authority subsidy standards. If an applicant requires a change in the.
voucher size, the above referenced guidelines will apply.
Changes for Participants_
The Housing Authority must approve the members of the family residing in the unit. The
family must obtain approval of any additional family member before a new member
occupies the unit. Except for additions by birth, adoption, or court - awarded custody, in
which case the family must inform the HA within 30 days. The above reference will
apply.
Under housed Families (Unit too small
If a unit does not meet Housing Authority's subsidy Standards due to an increase in
family size, (unit too small), the Housing Authority will issue a new voucher and assist
the family in locating a suitable unit.
If a family is occupying a unit which has fewer bedrooms than allocated under the
Housing Quality Standards. The Housing Authority will issue the family a Voucher to
allow the family to move into an appropriate size unit.
The Housing Authority will also notify the family of the circumstances under which an
exception will be granted, such as a family with disability in an accessible unit.
Over housed Families Unit too lar e
If a unit does not meet Housing Authority's subsidy standards due to a decrease in
family size, (unit too large), the Housing Authority will issue a voucher and assist the
family in locating a suitable unit.
If a family is occupying a unit which has more bedrooms than allocated under the
subsidy standards, the Housing Authority will issue a voucher of the proper bedroom
size and notify the family of the new subsidy amount.
Note: Effective date of change will be at time of Interim or Recertification but not less
than 90 days.
Page 79 of 79
5 -II.D. VOUCHER ISSUANCE [24 CFR 982.302]
When a family is selected from the waiting list (or as a special admission as described
in Chapter 4), or when a participant family wants to move to another unit, the PHA
issues a Housing Choice Voucher, form HUD- 52646. This chapter deals only with
voucher issuance for applicants. For voucher issuance associated with moves of
program participants, please refer to Chapter 10.
The voucher is the family's authorization to search for housing. It specifies the unit size
for which the family qualifies, and includes both the date of voucher issuance and date
of expiration. It contains a brief description of how the program works and explains the
family obligations under the program. The voucher is evidence that the PHA has
determined the family to be eligible for the program, and that the PHA expects to have
money available to subsidize the family if the family finds an approvable unit. However,
the PHA does not have any liability to any party by the issuance of the voucher, and the
voucher does not give the family any right to participate in the PHA's housing choice
voucher program [Voucher, form HUD - 526461
A voucher can be issued to an applicant family only after the PHA has determined that
the family is eligible for the program based on information received within the 60 days
prior to issuance [24 CFR 982.201(e)] and after the family has attended an oral briefing
[HCV 8-11.
Vouchers will be issued to eligible applicants immediately following the mandatory
briefing.
Prior to issuing any vouchers, the PHA will determine whether it has sufficient funding in
accordance with the policies in Part VIII of Chapter 16.
If the PHA determines that there is insufficient funding after a voucher has been issued,
the PHA may rescind the voucher and place the affected family back on the waiting list.
5 -II.E. VOUCHER TERM, EXTENSIONS, AND SUSPENSIONS
Voucher Term [24 CFR 982.303]
The voucher term will be at least 60 calendar days but may not exceed 180 days.
The family must submit a Request for Tenancy Approval and proposed lease within the
180 -day period.
Extensions of Voucher Term [24 CFR 982.303(b)]
Depending on the initial term of the voucher, the PHA will approve extensions not to
exceed a total of 180 days.
Page 80 of 80
Assistance to Voucher Holders
Voucher holders will be notified at their briefing session that the Hosing Authority
periodically updates the listing of available units and how the updated list may be
obtained. Families who require additional assistance during their search may call the
Housing Authority Office to request assistance.
The Housing Authority will assist families with negotiations with owners and provide
other assistance related to the families' search for housing.
Suspensions of Voucher Term [24 CFR 982.303(c)]
When a Request for Tenancy Approval and proposed lease is received by the.PHA, the
term of the voucher will be suspended while the PHA processes the request.
Expiration of Voucher Term
If an applicant family's voucher term or extension expires before the family has
submitted a Request for Tenancy Approval (RTA), the PHA will require the family.to
reapply for assistance. If the family is currently assisted, they may remain as a
participant in their unit if there is an assisted lease /contract in effect.
Within 10 business days after the expiration of the voucher term or any extension, the
PHA wily notify the family in writing that the voucher term has expired and that the family
must reapply in order to be placed on the waiting list.
The family may only reapply if and when the PHA is accepting applications.
Page 81 of 81
Chapter 6
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 9821
INTRODUCTION
A family's income determines eligibility for assistance and is also used to calculate the
family's payment and the PHA's subsidy. The PHA will use the policies and methods
described in this chapter to ensure that only eligible families receive assistance and that
no family pays more or less than its obligation under the regulations. This chapter
describes HUD regulations and PHA policies related to these topics in three parts as
follows:
•
Part]: Annual Income. HUD regulations specify the sources of income to include
and exclude to arrive at a family's annual income. These requirements and PHA, .,
policies for calculating annual income are found in Part I.
• Part fl: Adjusted Income. Once annual income has been established HUD
regulations require the PHA to subtract from annual income any of five mandatory
deductions for which a family qualifies. These requirements and PHA policies for .
calculating adjusted income are found in Part Il.
Part III: Calculating Family Share and PHA Subsid . This part describes the
statutory formula for calculating total tenant payment (TTP), the use of utility
allowances, and the methodology for determining PHA subsidy and required family
payment.
PART 1: ANNUAL INCOME
6 -LA. OVERVIEW
I ne generai reauiatory aeflnition OT annual Income snown oelOW Is rrom L4 W—K e.nu5.
5.609 Annual income.
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to
any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12 -month
period following admission or annual reexamination effective date; and
(3) Which are not specifically excluded in paragraph [5.609(c)).
(4) Annual income also means amounts derived (during the 12 -month period) from
assets to which any member of the family has access.
Page 82 of 82
In addition to this general definition, HUD regulations establish policies for treating
specific types of income and assets. The full texts of those portions of the regulations
are provided in exhibits at the end of this chapter as follows.
• Annual Income Inclusions (Exhibit 6 -1)
• Annual Income Exclusions (Exhibit 6 -2)
• Treatment of Family Assets (Exhibit 6 -3)
• Earned Income Disallowance for Persons with Disabilities (Exhibit 6 -4)
• The Effect of Welfare Benefit Reduction (Exhibit 6 -5)
Sections 6 -I.B and 6 -I.0 discuss general requirements and methods for calculating
annual income. The rest of this section describes how each source of income is treated
for the purposes of determining annual income. HUD regulations present income
inclusions and exclusions separately [24 CFR 5.609(b) and 24 CFR 5.609(c)]. In this
plan, however, the discussions of income inclusions and exclusions are integrated by
topic (e.g., all policies affecting earned income are discussed together in section 6 -I.D).
Verification requirements for annual income are discussed in Chapter 7.
6 -I.113. HOUSEHOLD COMPOSITION AND INCOME
Income received by all family members must be counted unless specifically excluded by
the regulations. It is the responsibility of the head of household to report changes in
family composition. The rules on which sources of income are counted vary somewhat
by family member. The chart below summarizes how family composition affects income
determinations.
Summary of Income Included and Excluded by Person
Live -in aides
Income from all sources is excluded [24 CFR
5.609(c)(5)].
Foster child or foster adult
Income from all sources is excluded [24 CFR
5.609(c)(2)].
Head, spouse, or cohead
All sources of income not specifically excluded by the
Other adult family members
regulations are included.
Children under 18 years of
Employment income is excluded [24 CFR
5.609(c)(1)].
age
All other sources of income, except those specifically
excluded by the regulations, are included.
Full -time students 18 years
Employment income above $4801year is excluded [24
of age or older (not head,
CFR 5.609(c)(11)].
spouse, or cohead)
All other sources of income, except those specifically
excluded by the regulations, are included.
Page 83 of 83
Temporarily Absent Family Members
The income of family members approved to live in the unit will be counted, even if the
family member is temporarily absent from the unit [HCV GB, p. 5 -18].
An individual who is or is expected to be absent from the assisted unit for less than 90
consecutive days is considered temporarily absent and continues to be considered a
family member. An individual who is or is expected to be absent from the assisted unit
for 90 or more consecutive days is considered permanently absent and no longer a
family member. Exceptions to this general policy are discussed below,
Absent Students
When someone who has been considered a family member attends school away from
home, the person will continue to be considered a family member unless information
becomes available to the PHA indicating that the student has established a separate
household or the family declares that the student has established a separate household
Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care are
considered members of the family 124 CFR 5.4031.
If a child has been placed in foster care, the PHA will verify with the appropriate agency
whether and when the child is expected to be returned to the home. Unless the agency
confirms that the child has been permanently removed from the home, the child will be
counted as a family member for a period of 90 consecutive days.
If the time period is to be greater than 90 consecutive days from the date of removal of
the childlren, or if the children are removed from the home permanently, the voucher
size will be reduced in accordance with the PHA's subsidy standards at the household's
next re -exam.
Absent Head, Spouse, or Cohead
An employed head, spouse, or cohead absent from the unit more than 90 consecutive
days due to employment will continue to be considered a family member.
Family Members Permanently Confined for Medical Reasons
If a family member is confined to a nursing home or hospital on a permanent basis, that
person is no longer considered a family member and the income of that person is not
counted [HCV GB, p. 5 -221.
Page 84 of 84
The PHA will request verification from a responsible medical professional and will use
this determination. If the responsible medical professional cannot provide a
determination, the person generally will be considered temporarily absent.
When an individual who has been counted as a family member is determined
permanently absent, the family is eligible for the medical expense deduction only if the
remaining head, spouse, or cohead qualifies as an elderly person or a person with
disabilities.
Joint Custody of Dependents
Dependents that are subject to a joint custody arrangement will be considered a
member of the family, if they live with the applicant or participant family 50 percent or
more of the time.
When more than one applicant or participant family is claiming the same dependents as
family members, the family with primary custody at the time of the initial examination or
reexamination will be able to claim the dependents. If there is a dispute about which
family should claim them, the PHA will make the determination based on available
documents such as court orders, or an IRS return showing which family has claimed the
child for income tax purposes.
Caretakers for a Child
If neither a parent nor a designated guardian remains in a household receiving HCV
assistance, the PHA will take the following actions.
(1) If a responsible agency has determined that another adult is to be brought
into the assisted unit to care for a child for an indefinite period, the designated
caretaker will not be considered a family member until a determination of
custody or legal guardianship is made.
(2) if a caretaker has assumed responsibility for a child without the involvement
of a responsible agency or formal assignment of custody or legal
guardianship, the caretaker will be treated as a visitor for 90 days. After the
90 days has elapsed, the caretaker will be considered a family member
unless information is provided that would confirm that the caretaker's role is
temporary. in such cases the PHA will extend the caretaker's status as an
eligible visitor.
(3) At any time that custody or guardianship legally has been awarded to a
caretaker, the housing choice voucher will be transferred to the caretaker.
(4) During any period that a caretaker is considered a visitor, the income of the
caretaker is not counted in annual income and the caretaker does not qualify
the family for any deductions from income.
Page 85 of 85
6 -I.C. ANTICIPATING ANNUAL INCOME
The PHA is required to count all income "anticipated to be received from a source
outside the family during the 12 -month period following admission or annual
reexamination effective date" [24 CFR 5.609(a)(2)]. Policies related to anticipating
annual income are provided below.
Basis of Annual Income Projection
The PHA generally will use current circumstances to determine anticipated income for
the coming 12-month period. HUD authorizes the PHA to use other than current
circumstances to anticipate income when:
« An imminent change in circumstances is expected [HCV GB, p. 5 -17]
• It is not feasible to anticipate a level of income over a 12 -month period (e.g.,
seasonal or cyclic income) [24 CFR 5.609(d)]
• The PHA believes that past income is the best available indicator of expected future
income [24 CFR 5.609(4)]
When the PHA cannot readily anticipate income. based upon current circumstances
(e.g., in the case of seasonal employment, unstable working hours, or suspected fraud),
the PHA will review and analyze historical data for.patterns of employment, paid
benefits, and receipt of other income and use the results of this analysis to establish
annual income. Anytime current circumstances are not used to project annual income, a
clear rationale for the decision will be documented in the file. In all such cases the family
may present information and documentation to the PHA to show why the historic pattern
does not represent the family's anticipated income.
Known Changes in Income
If the PHA verifies an upcoming increase or decrease in income, annual income will be
calculated by applying each income amount to the appropriate part of the 12 -month
period.
Example: An employer reports that a full -time employee who has been receiving
$6/hour will begin to receive $6.25/hour in the eighth week after the effective date
of the reexamination. In such a case the PHA would calculate annual income as
follows: ($6/hour x 40 hours x 7 weeks) + ($6.25 x 40 hours x 45 weeks).
The family may present information that demonstrates that implementing a change
before its effective date would create a hardship for the family. In such cases the PHA
will calculate annual income using current circumstances and then require an interim
reexamination when the change actually occurs. This requirement will be imposed even
if the PHA's policy in Chapter 11 does not require interim reexaminations for other types
of changes.
Page 86 of 86
Using Up -Front Income Verification (UIV) to Project Income
UIV is "the verification of income, before or during a family reexamination, through an
independent source that systematically and uniformly maintains income information in
computerized form for a large number of individuals" [VG, p. 7].
The PHA will use UIV information in conjunction with family- provided documents to
anticipate income [UIV].
PHA procedures for anticipating annual income will include the use of UIV methods
approved by HUD in conjunction with family - provided documents dated within the last
60 days of the PHA interview date.
The PHA will follow "HUD Guidelines for Projecting Annual Income When Up -Front
Income Verification (UIV) Data Is Available" in handling differences between UIV and
family - provided income data. The guidelines depend on whether a difference is
substantial or not. HUD defines substantial difference as a difference of $2400 or more
annually.
No Substantial Difference. If UIV information for a particular income source differs
from the information provided by a family by less than $2400 annually, the PHA will
follow these guidelines:
If the UIV figure is less than the family's figure, the PHA will use the
family's information.
If the UIV figure is more than the family's figure, the PHA will use the UIV
data unless the family provides documentation of a change in
circumstances to explain the discrepancy (e.g., a reduction in work hours).
Upon receipt of acceptable family - provided documentation of a change in
circumstances, the PHA will use the family - provided information.
Substantial Difference. If UIV information for a particular income source differs from
the information provided by a family by $2400 or more annually, the PHA will follow
these guidelines:
The PHA will request written third -party verification from the discrepant
income source in accordance with 24 CFR 5.236(b)(3)(i).
When the PHA cannot readily anticipate income (e.g., in cases of
seasonal employment, unstable working hours, or suspected fraud), the
PHA will review historical income data for patterns of employment, paid
benefits, and receipt of other income,
The PHA will analyze all UIV, third - party, and family- provided data and
attempt to resolve the income discrepancy.
The PHA will use the most current verified income data and, if appropriate,
historical income data to calculate anticipated annual income.
Page 87 of 87
6 -I.D. EARNED INCOME
Types of Earned Income Included in Annual Income
Wages and Related Compensation. The full amount, before any payroll deductions, of
wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other
compensation for personal services is included in annual income [24 CFR 5.609(b)(1)].
For persons who regularly receive bonuses or commissions, the PHA will verify and then
average amounts received for the two years preceding admission or reexamination. If only a
one-year history is available, the PHA will use the prior year amounts. In either case the family
may provide, and the PHA will consider, a credible justification for not using this history to
anticipate future bonuses or commissions. If a new employee has not yet received any bonuses or
commissions, the PHA will count only the amount estimated by the employer.
Some Types of Military Pay. All regular pay, special pay and allowances of a member
of the Armed Forces are counted [24 CFR 5.609(b)(8)] except for the special pay to a
family member serving in the Armed Forces who is exposed to hostile fire [24 CFR
5.609(c)(7)].
Types of Earned Income Not Counted in Annual Income
Temporary, Nonrecurring, or Sporadic Income [24 CFR 5.609(c)(9)].
This type of income (including gifts) is not included in annual income.
Sporadic income is income that is not received periodically and cannot be reliably
predicted. For example, the income of an individual who works occasionally as a
handyman would be considered sporadic if future work could not be anticipated and no
historic, stable pattern of income existed.
Children's Earnings. Employment income earned by children (including foster children)
under the age of 18 years is not included in annual income [24 CFR 5.609(c)(1)]. (See
Eligibility chapter for a definition of foster children.)
Certain Earned Income of Full -Time Students. Earnings in excess of $480 for each
full -time student 18 years old or older (except for the head, spouse, or cohead) are not
counted [24 CFR 5.609(c)(11)]. To be considered "full- time," a student must be
considered "full- time" by an educational institution with a degree or certificate program
[HCV GB, p. 5 -29].
Income of Live -in Aide. Income earned by a live -in aide, as defined in [24 CFR
5.403], is not included in annual income [24 CFR 5.609(c)(5)]. (See Eligibility chapter for
a full discussion of live -in aides.)
Income Earned under Certain Federal Programs. Income from some federal
programs is specifically excluded from consideration as income [24 CFR 5.609(c)(17)],
including:
Page 88 of 88
• Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(8), 5058)
• Payments received under programs funded in whole or in part under the Job
Training Partnership Act (29 U.S.C. 1552(b))
• Awards under the federal work -study program (20 U.S.C. 1087 uu)
• Payments received from programs funded under Title V of the Older Americans Act
of 1985 (42 U.S.C. 3056(f))
• Allowances, earnings, and payments to AmeriCorps participants under the National
and Community Service Act of 1990 (42 U.S.C. 12637(d))
• Allowances, earnings, and payments to participants in programs funded under the
Workforce Investment Act of 1998 (29 U.S.C. 2931)
Resident Service Stipend. Amounts received under a resident service stipend are not
included in annual income. A resident service stipend is a modest amount (not to
exceed $200 per individual per month) received by a resident for performing a service
for the PHA or owner, on a part -time basis, that enhances the quality of life in the
development. Such services may include, but are not limited to, fire patrol, hall
monitoring, lawn maintenance, resident initiatives coordination, and serving as a
member of the PHA's governing board. No resident may receive more than one such
stipend during the same period of time [24 CFR 5,600(c)(8)(iv)].
State and Local Employment Training Programs. Incremental earnings and benefits
to any family member resulting from participation in qualifying state or local employment
training programs (including training programs not affiliated with a local government)
and training of a family member as resident management staff are excluded from
annual income. Amounts excluded by this provision must be received under
employment training programs with clearly defined goals and objectives and are
excluded only for the period during which the family member participates in the training
program [24 CFR 5.609(c)(8)(v)].
The PHA defines training program as "a learning process with goals and objectives,
generally having a variety of components, and taking place in a series of sessions over
a period to time. It is designed to lead to a higher level of proficiency, and it enhances
the individual's ability to obtain employment. It may have performance standards to
measure proficiency. Training may include, but is not limited to: (1) classroom training in
a specific occupational skill, (2) on- the -job training with wages subsidized by the
program, or (3) basic education" [expired Notice PIH 98 -2, p. 3].
The PHA defines incremental earnings and benefits as the difference between (1) the
total amount of welfare assistance and earnings of a family member prior to enrollment
in a training program and (2) the total amount of welfare assistance and earnings of the
family member after enrollment in the program [expired Notice PIH 98 -2, pp. 3--4].
Page 89 of 89
In calculating the incremental difference, the PHA will use as the pre - enrollment income
the total annualized amount of the family member's welfare assistance and earnings
reported on the family's most recently completed HUD - 50058.
End of participation in a training program must be reported in accordance with the
PHA's interim reporting requirements.
HUD - Funded Training Programs, Amounts received under training programs funded
in whole or in part by HUD [24 CFR 5.609(c)(8)(i)] are excluded from annual income.
Eligible sources of funding for the training include operating subsidy, Section 8
administrative fees, and modernization, Community Development Block Grant (CDBG),
HOME program, and other grant funds received from HUD.
To qualify as a training program, the program must meet the definition of training
program provided above for state and local employment training programs.
Earned Income Tax Credit. Earned income tax credit (EITC) refund payments received
on or after January 1, 1991 (26 U.S.C. 320)), are excluded from annual income [24 CFR
5.609(c)(17)]. Although many families receive the EITC annually when they file taxes,
an EITC can also be received throughout the year. The prorated share of the annual
EITC is included in the employee's payroll check.
Earned Income Disallowance. The earned income disallowance for persons with
disabilities is discussed in section 6 -I:E below.
6 -I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES
[24 CFR 5.6171
The earned income disallowance (EID) encourages people with disabilities to enter the
work force by not including the full value of increases in earned income for a period of
time. The full text of 24 CFR 5.617 is included as Exhibit 6 -4 at the end of this chapter.
Eligibility criteria and limitations on the disallowance are summarized below.
Eligibility
This disallowance applies only to individuals in families already participating in the HCV
program (not at initial examination). To qualify, the family must experience an increase
in annual income that is the result of one of the following events:
Employment of a family member who is a person with disabilities and who was
previously unemployed for one or more years prior to employment. Previously
unemployed includes a person who annually has earned not more than the minimum
wage applicable to the community multiplied by 500 hours. The applicable minimum
wage is the federal minimum wage unless there is a higher state or local minimum
wage.
Page 90 of 90
Increased earnings by a family member who is a person with disabilities and whose
earnings increase during participation in an economic self- sufficiency or job - training
program. A self - sufficiency program includes a program designed to encourage,
assist, train, or facilitate the economic independence of HUD - assisted families or to
provide work to such families [24 CFR 5.603(b)].
New employment or increased earnings by a family member who is a person with
disabilities and who has received benefits or services under Temporary Assistance
for Needy Families (TANF) or any other state program funded under Part A of Title
IV of the Social Security Act within the past six months. If the benefits are received in
the form of monthly maintenance, there is no minimum amount. If the benefits or
services are received in a form other than monthly maintenance, such as one -time
payments, wage subsidies, or transportation assistance, the total amount received
over the six -month period must be at least $500.
Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified
family begins with a comparison of the member's current income with his or'her- "prior
income."
The PHA defines prior income, or prequalifying income, as the family member's last
certified income prior to qualifying for the EID.
The family member's prior, or prequalifying, income remains constant throughout the
period that he or she is receiving the EID.
Initial 92 -Month Exclusion. During the initial 12 -month exclusion period, the full
amount (100 percent) of any increase in income attributable to new employment or
increased earnings is excluded. The 12 months are cumulative and need not be
consecutive.
The initial EID exclusion period will begin on the first of the month following the date an
eligible member of a qualified family is first employed or first experiences an increase in
earnings.
Second 12 -Month Exclusion and Phase -in. During the second 12 -month exclusion
period, the exclusion is reduced to half (50 percent) of any increase in income
attributable to employment or increased earnings. The 12 months are cumulative and
need not be consecutive.
Lifetime Limitation. The EID has a four -year (48- month) lifetime maximum. The four -
year eligibility period begins at the same time that the initial exclusion period begins and
ends 48 months later. The one -time eligibility for the EID applies even if the eligible
individual begins to receive assistance from another housing agency, if the individual
moves between public housing and Section 8 assistance, or if there are breaks in
assistance.
Page 91 of 91
During the 48 -month eligibility period, the PHA will schedule and conduct an interim
reexamination each time there is a change in the family member's annual income that
affects or is affected by the EID (e.g., when the family member's income falls to a level
at or below his/her prequalifying income, when one of the exclusion periods ends, and
at the end of the lifetime maximum eligibility period).
6 -I.F. BUSINESS INCOME [24 CFR 5.609(b)(2)]
Annual income includes "the net income from the operation of a business or profession.
Expenditures for business expansion or amortization of capital indebtedness shall not
be used as deductions in determining net income. An allowance for depreciation of
assets used in a business or profession may be deducted, based on straight line
depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of
cash or assets from the operation of a business or profession will be included in income,
except to the extent the withdrawal is reimbursement of cash or assets invested in the
operation by the family" [24 CFR 5.609(b)(2)].
Business Expenses
Net income is "gross income less business expense" [HCV GB, p. 5 -19].
To determine business expenses that may be deducted from gross income, the PHA
will use current applicable Internal Revenue Service (IRS) rules for determining
allowable business expenses [see IRS Publication 535], unless a topic is addressed by
HUD regulations or guidance as described below.
Business Expansion
HUD regulations do not permit the PHA to deduct from gross income expenses for
business expansion.
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.
Page 92 of 92
Capital Indebtedness
HUD regulations do not permit the PHA to deduct from gross income the amortization of
capital indebtedness.
Capital indebtedness is defined as the principal portion of the payment on a capital
asset such as land, buildings, and machinery. This means the PHA 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 PHA 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.
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 PHA 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
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 reasons for the difference.
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 PHA 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 PHA 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 net family assets.
This section begins with a discussion of general policies related to assets and then
provides HUD rules and PHA policies related to each type of asset.
Page 93 of 93
General Policies
Income from Assets
The PHA 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 PHA 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 12 months or (3) the PHA 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
PHA can take into consideration past rental income along with the prospects of
obtaining a new tenant.
Anytime 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 PHA to show why the asset income
determination does not represent the family's anticipated asset income.
Valuing Assets
The calculation of asset income sometimes requires the PHA 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).
The cash value of an asset is its market value less all reasonable amounts that
would be incurred when converting the asset to cash.
PHA 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 -28].
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.1.)
Page 94 of 94
Imputing Income from Assets [24 CFR 5.609(b)(3)]
When net family assets are $5,000 or less, the PHA 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 PHA will include in annual income the greater of (1) the
actual income derived from the assets or (2) the imputed income. Imputed income from
assets is calculated by multiplying the total cash value of all family assets by the current
HUD - established passbook savings rate.
Determining Actual Anticipated Income from Assets
It may or may not be necessary for the PHA 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
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."
If an asset is owned by more than one person and any family member has unrestricted
access to the asset, the PHA 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 PHA will prorate the asset
according to the percentage of ownership. If no percentage is specified or provided for
by state or local law, the PHA will prorate the asset evenly among all owners.
Page 95 of 95
Assets Disposed Of for Less than Fair Market Value [24 CFR 5.603(b)]
HUD regulations require the PHA 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 PHA 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.
When the two -year period expires, the income assigned to the disposed asset(s) also
expires. If the two -year period ends between annual recertification s, the family may
request an interim recertification to eliminate consideration of the asset(s).
Assets placed by the family in nonrevocable trusts are considered assets disposed of
for less than fair market value except when the assets placed in trust were received
through settlements or judgments.
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.
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. In 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.
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
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
value or declaring that no assets have been disposed of for less than fair market value.
The PHA may verify the value of the assets disposed of if other information available to
the PHA does not appear to agree with the information reported by the family.
Types of Assets
Page 96 of 96
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.
In determining the value of a checking account, the PHA will use the average monthly
balance for the last (3) three months.
In determining the value of a savings account, the PHA will use the current balance.
In determining the anticipated income from an interest - bearing checking or savings
account, the PHA 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.
In determining the market value of an investment account, the PHA 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 known. 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 PHA 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].
Page 97 of 97
Equity in real property and other capital investments is considered in the calculation of
asset income except for the following types of assets:
• Equity accounts in HUD homeownership programs [24 CFR5.603(b)]
• 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 -25]
• 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 farming
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.
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 PHA
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).
Page 98 of 98
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 [HCV 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 lump -
sum receipt, as appropriate [24 CFR 5.603(b)]. (Periodic payments are covered in
section 6 -I.H. Lump -sum receipts are discussed earlier in this section.)
Retirement Accounts
Company Retirement /Pension Accounts
In order to correctly include or exclude as an asset any amount held in a company
retirement or pension account by an employed person, the PHA must know whether the
money is accessible before retirement [HCV GB, p. 5 -26].
While a family member is employed,.only the amount the family member can withdraw
without retiring or terminating employment is counted as an asset [HCV GB, p. 5 -261.
After a family member retires or terminates employment, any amount distributed to the
family member is counted as a periodic payment or a lump -sum receipt, as appropriate
[HCV GB, p. 5 -26], except to the extent that it represents funds invested in the account
by the family member. (For more on periodic payments, see section 6 -I.H.) The balance
in the account is counted as an asset only if it remains accessible to the family member.
IRA, Keogh, and Similar Retirement Savings Accounts
IRA, Keogh, and similar retirement savings accounts are counted as assets even
though early withdrawal would result in a penalty [HCV GB, p. 5 -25].
Personal Property
Personal property held as an investment, such as gems, jewelry, coin collections,
antique cars, etc., is considered an asset [HCV GB, p. 5 -25].
Pago 99 of 99
In determining the value of personal property held as an investment, the PHA will use
the family's estimate of the value. However, the PHA also may obtain an appraisal if
appropriate to confirm the value of the asset. The family must cooperate with the
appraiser but cannot be charged any costs related to the appraisal.
Generally, personal property held as an investment generates no income until it is
disposed of. If regular income is generated (e.g., income from renting the personal
property), the amount that is expected to be earned in the coming year is counted as
actual income from the asset.
Necessary items of personal property are not considered assets [24 CFR 5.603(b)].
Necessary personal property consists of items such as clothing, furniture, household
furnishings, jewelry that is not held as an investment, and vehicles, including those
specially equipped for persons with disabilities.
Life Insurance
The cash value of a life insurance policy available to a family member before death,
such as a whole life or universal life policy, is included in the calculation of the value of
the family's assets [HCV GB 5 -25]. The cash value is the surrender value. If such a
policy earns dividends or interest that the family could elect to receive, the anticipated
amount of dividends or interest is counted as income from the asset whether or not the
family actually receives it.
6 -I.H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis. HUD regulations
specify periodic payments that are and are not included in annual income.
Periodic Payments Included in Annual Income
Periodic payments from sources such as social security, unemployment and
welfare assistance annuities insurance policies, retirement funds and
pensions. However, periodic payments from retirement accounts, annuities,
and similar forms of investments are counted only after they exceed the
amount contributed by the family [24 CFR 5.609(b)(4) and (b)(3)].
• Disability or death benefits and lottery receipts paid periodically, rather than in
a single lump sum [24 CFR 5.609(b)(4) and HCV, p. 5 -14]
Lump -Sum Payments for the Delayed Start of a Periodic Payment
Most lump sums received as a result of delays in processing periodic payments, such
as unemployment or welfare assistance, are counted as income. However, lump -sum
receipts for the delayed start of periodic social security or supplemental security income
(SSI) payments are not counted as income [CFR 5.609(b)(4)].
Page 100 of 100
When a delayed -start payment is received and reported during the period in which the
PHA is processing an annual reexamination, the PHA will adjust the family share and
PHA subsidy retroactively for the period the payment was intended to cover. The family
may pay in full any amount due or request to enter into a repayment agreement with the
PHA.
Periodic Payments Excluded from Annual Income
Payments received for the care of foster children or foster adults (usually
persons with disabilities, unrelated to the assisted family, who are unable
to live alone) [24 CFR 5.609(c)(2)]
The PHA will exclude payments for the care of foster children and foster adults
only if the care is provided through an official arrangement with a local welfare
agency [HCV GB, p. 5 -18].
• Amounts paid by a state agency to a family with a member who has a
developmental disability and is living at home to offset the cost of services
and equipment needed to keep the developmentally disabled family
member at home [24 CFR 5.609(c)(16)]
• Amounts received under the Low - Income Home _Energy Assistance
Program (42 U.S.C. 1626(c)) [24 CFR 5.609(c)(17)]
« Amounts received under the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858q) [24 CFR 5.609(c)(17)]
• Earned Income Tax Credit (_E_ITC) refund payments (26 U.S.C. 320)) [24
CFR 5.609(c)(17)]. Note: EITC may be paid periodically if the family elects
to receive the amount due as part of payroll payments from an employer.
• Lump sums received as a result of delays in processing Social Security
and SSI payment s (see section 6 -I.J.) [24 CFR 5.609(b)(4)].
6 -I.1. PAYMENTS IN LIEU OF EARNINGS
Payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation, and severance pay, are counted as income [24 CFR
5.609(b)(5)] if they are received either in the form of periodic payments or in the form of
a lump -sum amount or prospective monthly amounts for the delayed start of a periodic
payment. If they are received in a one -time lump sum (as a settlement, for instance),
they are treated as lump -sum receipts [24 CFR 5.609(c)(3)]. (See also the discussion of
periodic payments in section 6 -I.H and the discussion of lump -sum receipts in section 6-
I.G.)
Page 101 of 101
6 -I.J. WELFARE ASSISTANCE
Overview
Welfare assistance is counted in annual income. Welfare assistance includes
Temporary Assistance for Needy Families (TANF) and any payments to individuals or
families based on need that are made under programs funded separately or jointly by
federal, state, or local governments [24 CFR 5.603(b)].
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]
The PHA must make a special calculation of annual income when the welfare agency
imposes certain sanctions on certain families. The full text of the regulation at 24 CFR
5.615 is provided as Exhibit 6 -5. The requirements are summarized below. This rule
applies only if a family was receiving HCV assistance at the time the sanction was
imposed.
Covered Families
The families covered by 24 CFR 5.615 are those "who receive welfare assistance or
other public assistance benefits ('welfare benefits') from a State or other public agency
('welfare agency') under a program for which Federal, State or local law requires that a
member of the family must participate in an economic self - sufficiency program as a
condition for such assistance" [24 CFR 5.615(b)]
Imputed Income
When a welfare agency imposes a sanction that reduces a family's welfare income
because the family commits fraud or fails to comply with the agency's economic self -
sufficiency program or work activities requirement, the PHA must include in annual
income "imputed" welfare income. The PHA must request that the welfare agency
inform the PHA when the benefits of an HCV participant family are reduced. The
imputed income is the amount the family would have received if the family had not been
sanctioned.
This requirement does not apply to reductions in welfare benefits: (1) at the expiration of
the lifetime or other time limit on the payment of welfare benefits, (2) if a family member
is unable to find employment even though the family member has complied with the
welfare agency economic self- sufficiency or work activities requirements, or (3) because
a family member has not complied with other welfare agency requirements [24 CFR
5.615(b)(2)].
Page 102 of 102
Offsets
The amount of the imputed income is offset by the amount of additional income the
family begins to receive after the sanction is imposed. When the additional income
equals or exceeds the imputed welfare income, the imputed income is reduced to zero
[24 CFR 5.615(c)(4)].
6 -I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)]
Annual income includes periodic and determinable allowances, such as alimony and
child support payments, and regular contributions or gifts received from organizations or
from persons not residing with an assisted family.
Alimony and Child Support
The PHA will count court - awarded amounts for alimony and child support unless the
PHA verifies that (1) the payments are not being made and (2) the family has made
reasonable efforts to collect amounts due, including filing with courts or agencies
responsible for enforcing payments [HCV GB, pp. 5 -23 and 5 -471.
Families who do not have court- awarded alimony and. child support awards are not
required to seek a court award and are not required to take independent legal action to
obtain collection.
Regular Contributions or Gifts
The PHA must count as income regular monetary and nonmonetary contributions or
gifts from persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary,
nonrecurring, or sporadic income and gifts are not counted [24 CFR 5.609(c)(9)].
Examples of regular contributions include: (1) regular payment of a family's bills (e.g.,
utilities, telephone, rent, credit cards, and car payments), (2) cash or other liquid assets
provided to any family member on a regular basis, and (3) "in- kind" contributions such
as groceries and clothing provided to a family on a regular basis.
Nonmonetary contributions will be valued at the cost of purchasing the items, as
determined by the PHA. For contributions that may vary from month to month (e.g.,
utility payments), the PHA will include an average amount based upon past history.
Page 103 of 103
6 -I.L. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME
Other exclusions contained in 24 CFR 5.609(c) that have not been discussed earlier in
this chapter include the following:
• Reimbursement of medical expenses [24 CFR 5,609(c)(4)]
• The full amount of student financial assistance paid directly to the student
or to the educational institution [24 CFR 5.609(c)(6)], except that in
accordance with Section 224 of the FY 2005 Appropriations Act, the
portion of any athletic scholarship assistance available for housing costs
must be included in annual income [PIH Notice 2005 -16].
• Regular financial support from parents or guardians to students for food,
clothing personal items, and entertainment is not considered student
financial assistance and is included in annual income.
• Amounts received by participants in other publicly assisted programs
which are specifically for or in reimbursement of out -of- pocket expenses
incurred and which are made solely to allow participation in a specific
program [24 CFR 5.609(c)(8)(iii)]
• Amounts received by a person with a disability that are disregarded for a
limited time for purposes of Supplemental Security Income eligibility and
benefits because they are set aside for use under a Plan to Attain Self-
Sufficiency PASS [(24 CFR 5.609(c)(8)(ii)]
• Reparation payments paid by a foreign government pursuant to claims
filed under the laws of that government by persons who were persecuted
during the Nazi era [24 CFR 5.609(c)(10)]
• Adoption assistance payments in excess of $480 per adopted child [24
CFR 5.609(c)(12)]
• Refunds or rebates on property taxes paid on the dwelling unit [24 CFR
5.609(c)(15)]
• Amounts paid by a state agency to a family with a member who has a
developmental disability and is livinci at home to offset the cost of services
and equipment needed to keep the developmentally disabled family
member at home [24 CFR 5.609(c)(16)]
• Amounts specifically excluded by any other federal statute [24 CFR
5.609(c)(17)]. HUD publishes an updated list of these exclusions
periodically. It includes:
Page 104 of 104
(a) The value of the allotment provided to an eligible household under the Food
Stamp Act of 1977 (7 U.S.C. 2017 (b))
(b) Payments to Volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(g), 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)),
(f) 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) Amounts of scholarships funded under title IV of the Higher Education Act of
1965, including awards under the federal work -study program or under the
Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu)
(j) Payments received from programs funded under Title V of the Older Americans
Act of 1985 (42 U.S.C. 3056(f))
(k) Payments received on or after January 1, 1989, from 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.)
(1) Payments received under the Maine Indian Claims Settlement Act of 1980 (25
U.S.C. 1721)
(m) 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)
Page 105 of 105
(n) Earned income tax credit (EITC) refund payments received on or after
January 1, 1991 (26 U.S.C. 320))
(o) 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 under the
National and Community Service Act of 1990 (42 U.S.C. 12637(d))
(q) 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)
(r) 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)
(s) Allowances, earnings and payments to individuals participating in programs
under the Workforce Investment Act of 1998 (29 U.S.C. 2931)
PART II: ADJUSTED INCOME
6 -II.A. INTRODUCTION
Overview
HUD regulations require PHAs 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
[PHA] 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.
Page 106 of 106
Anticipating Expenses
The PHA 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 PHA 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
PHA will include as an eligible expense the portion of the debt that the family expects to
pay during the period for which the income determination is being made. However,
amounts previously deducted will not be allowed even if the amounts were not paid as
expected in a preceding period. The PHA may require the family to provide
documentation of payments made in the preceding year.
6 -111.6. DEPENDENT DEDUCTION
A deduction of $480 is taken for each dependent [ 24 CFR 5.611(a)(1)]. Dependent is
defined as any family member other than the head, spouse, or cohead who is- under the
age of 18 or who is 18 or older and is a person with disabilities or a full -time student.
Foster children, foster adults, and live -in aides are never considered dependents [24
CFR 5.603(b)].
6 -11.C. ELDERLY OR DISABLED FAMILY DEDUCTION
A single deduction of $400 is taken for any elderly or disabled family [24 CFR
5.611 (a)(2)]. An elderly family is a family whose head, spouse, cohead, or sole member
is 62 years of age or older, and a disabled family is a family whose head, spouse,
cohead, or sole member is a person with disabilities [24 CFR 5.403].
6 -II.D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(a)(3)(i)]
Unreimbursed medical expenses may be deducted to the extent that, in combination
with any disability assistance expenses, they exceed three percent of annual income.
The medical expense deduction is permitted only for families in which the head, spouse,
or cohead is at least 62 or is a person with disabilities. If a family is eligible for a medical
expense deduction, the medical expenses of all family members are counted [VG, p.
28].
Page 107 of 107
Definition of Medical Expenses
HUD regulations define medical expenses at 24 CFR 5,603(b) to mean "medical
expenses, including medical insurance premiums, that are anticipated during the period
for which annual income is computed, and that are not covered by insurance."
The most current IRS Publication 502, Medical and Dental Expenses, will be used to
determine the costs that qualify as medical expenses.
Summar y of Allowable Medical Expenses from IRS Publication 502
Services of medical professionals
Substance abuse treatment programs
Surgery and medical procedures that are
Psychiatric treatment
necessary, legal, noncosmetic
Ambulance services and some costs of
Services of medical facilities
transportation related to medical expenses
Hospitalization, long -term care, and in -home
The cost and care of necessary equipment
nursing services
related to a medical condition (e.g.,
Prescription medicines and insulin, but not
eyeglasses /lenses, hearing aids, crutches,
and artificial teeth)
nonprescription medicines even if recommended
by a doctor
Cost and continuing care of necessary
Improvements to housing directly related to
service animals
medical needs (e.g., ramps for a wheel chair,
Medical insurance premiums or the cost of
handrails )
a health maintenance organization HMO
Note: This chart provides a summary of eligible medical expenses only. Detailed information
is provided in IRS Publication 502. Medical expenses are considered only to the extent they
are not reimbursed by insurance or some other source.
Families That Qualify for Both Medical and Disability Assistance Expenses
This policy applies only to families in which the bead, spouse, or cohead is 62 or older
or is a person with disabilities.
When expenses anticipated by a family could be defined as either medical or disability
assistance expenses, the PHA will consider them medical expenses unless it is clear
that the expenses are incurred exclusively to enable a person with disabilities to work.
6 -II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(b) and
24 CFR 5.611(a)(3)(1 1)j
Reasonable expenses for attendant care and auxiliary apparatus for a disabled family
member may be deducted if they: (1) are necessary to enable a family member 18
years or older to work, (2) are not paid to a family member or reimbursed by an outside
source, (3) in combination with any medical expenses, exceed three percent of annual
income, and (4) do not exceed the earned income received by the family member who
is enabled to work.
Page 108 of 108
Earned Income Limit on the Disability Assistance Expense Deduction
A family can qualify for the disability assistance expense deduction only if at least one
family member (who may be the person with disabilities) is enabled to work [24 CFR
5.603(b)].
The disability expense deduction is capped by the amount of "earned income received
by family members who are 18 years of age or older and who are able to work" because
of the expense [24 CFR 5.611(a)(3)(ii)]. The earned income used for this purpose is the
amount verified before any earned income disallowances or income exclusions are
applied.
The family must identify the family members enabled to work as a result of the disability
assistance expenses. In evaluating the family's request, the PHA will consider factors
such as how the work schedule of the relevant family members relates to the hours of
care provided, the time required for transportation, the relationship of the family
members to the person with disabilities, and any special needs of the person with
disabilities that might determine which family members are enabled to work.
When the PHA determines that the disability assistance expenses enable more.than
one family member to work, the expenses will be capped by the sum of the family
members' incomes.
Eligible Disability Expenses
Examples of auxiliary apparatus are provided in the HCV Guidebook as follows:
"Auxiliary apparatus are items such as wheelchairs, ramps, adaptations to vehicles, or
special equipment to enable a blind person to read or type, but only if these items'are
directly related to permitting the disabled person or other family member to work" [HCV
GB, p. 5 -30].
Eligible Auxiliary Apparatus
Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the
case of an apparatus that is specially adapted to accommodate a person with
disabilities (e.g., a vehicle or computer), the cost to maintain the special adaptations
(but not maintenance of the apparatus itself) is an eligible expense. The cost of service
animals trained to give assistance to persons with disabilities, including the cost of
acquiring the animal, veterinary care, food, grooming, and other continuing costs of
care, will be included.
Eligible Attendant Care
The family determines the type of attendant care that is appropriate for the person with
disabilities.
Attendant care includes, but is not limited to, reasonable costs for home medical care,
nursing services, in -home or center -based care services, interpreters for persons with
hearing impairments, and readers for persons with visual disabilities.
Page 109 of 109
Attendant care expenses will be included for the period that the person enabled to work
is employed plus reasonable transportation time. The cost of general housekeeping and
personal services is not an eligible attendant care expense. However, if the person
enabled to work is the person with disabilities, personal services necessary to enable
the person with disabilities to work are eligible.
If the care attendant also provides other services to the family, the PHA will prorate the
cost and allow only that portion of the expenses attributable to attendant care that
enables a family member to work. For example, if the care provider also cares for a
child who is not the person with disabilities, the cost of care must be prorated. Unless
otherwise specified by the care provider, the calculation will be based upon the number
of hours .spent in each activity and/or the number of persons under care.
Payments to Family Members
No disability assistance expenses may be deducted for payments to a member of an
assisted family [24 CFR 5.603(b)]. However, expenses paid to a relative who is not a
member of the assisted family maybe deducted if they are not reimbursed by an
outside source.
Necessary and Reasonable Expenses
The family determines the type of care or auxiliary apparatus to be provided and must
describe how the expenses enable a family member to work. The family must certify
that the disability assistance expenses are necessary and are not paid or reimbursed by
any other source.
The PHA determines the reasonableness of the expenses based on typical costs of
care or apparatus in the locality. To establish typical costs, the PHA will collect
information from organizations that provide services and support to persons with
disabilities. A family may present, and the PHA will consider, the family's justification for
costs that exceed typical costs in the area.
Families That Qualify for Both Medical and Disability Assistance Expenses
This policy applies only to families in which the head or spouse is 62 or older or is a
person with disabilities.
When expenses anticipated by a family could be defined as either medical or disability
assistance expenses, the PHA will consider them medical expenses unless it is clear
that the expenses are incurred exclusively to enable a person with disabilities to work.
Page 110 of 110
6 -II.F. CHILD CARE EXPENSE DEDUCTION
HUD defines child care expenses at 24 CFR 5.603(b) as "amounts anticipated to be
paid by the family for the care of children under 13 years of age during the period for
which annual income is computed, but only where such care is necessary to enable a
family member to actively seek employment, be gainfully employed, or to further his or
her education and only to the extent such amounts are not reimbursed. The amount
deducted shall reflect reasonable charges for child care. In the case of child care
necessary to permit employment, the amount deducted shall not exceed the amount of
employment income that is included in annual income."
Clarifying the Meaning of Child for This Deduction
Child care expenses do not include child support payments made to another on behalf
of a minor who is not living in an assisted family's household [VG, p. 26]. However, child
care expenses for foster children that are living in the assisted family's household, are
included when determining the family's child care expenses [HCV GB, p. 5 -291.
Qualifying for the Deduction
Determining Who Is Enabled to Pursue an Eligible Activity
The family must identify the family merimber(s) enabled to pursue an eligible activity. The
term eligible activity in this section means any of the activities that may make the family
eligible for a child care deduction (seeking work, pursuing an education, or being
gainfully employed).
In evaluating the family's request, the PHA will consider factors such as how the
schedule for the claimed activity relates to the hours of care provided, the time required
for transportation, the relationship of the family member(s) to the child, and any special
needs of the child that might help determine which family member is enabled to pursue
an eligible activity.
Seeking Work
If the child care expense being claimed is to enable a family member to seek
employment, the family must provide evidence of the family member's efforts to obtain
employment at each reexamination. The deduction may be reduced or denied if the
family member's job search efforts are not commensurate with the child care expense
being allowed by the PHA.
Page 911 of 111
Furthering Education
If the child care expense being claimed is to enable a family member to further his or
her education, the member must be enrolled in school (academic or vocational) or
participating in a formal training program. The family member is not required to be a full -
time student, but the time spent in educational activities must be commensurate with the
child care claimed.
Being Gainfully Employed
If the child care expense being claimed is to enable a family member to be gainfully
employed, the family must provide evidence of the family member's employment during
the time that child care is being provided. Gainful employment is any legal work activity
(full- or part -time) for which a family member is compensated.
Earned Income Limit on Child Care Expense Deduction
When a family member looks for work or furthers his or her education, there is no cap
on the amount that may be deducted for child care — although the care must still be
necessary and reasonable. However, when child care enables a family member to work,
the deduction is capped by "the amount of employment income that is included in
annual income" [24 CFR 5.603(b)].
The earned income used for this purpose is the amount of earned income verified after
any earned income disallowances or income exclusions are applied.
When the person who is enabled to work is a person with disabilities who receives the
earned income disallowance (EID) or a full -time student whose earned income above
$480 is excluded, child care costs related to enabling a family member to work may not
exceed the portion of the person's earned income that actually is included in annual
income. For example, if a family member who qualifies for the EID makes $15,000 but
because of the EID only $5,000 is included in annual income, child care expenses are
limited to $5,000.
The PHA must not limit the deduction to the least expensive type of child care. If the
care allows the family to pursue more than one eligible activity, including work, the cap
is calculated in proportion to the amount of time spent working [HCV GB, p. 5 -30].
When the child care expense being claimed is to enable a family member to work, only
one family member's income will be considered for a given period of time. When more
than one family member works during a given period, the PHA will limit allowable child
care expenses to the earned income of the lowest -paid member. The family may
provide information that supports a request to designate another family member as the
person enabled to work.
Page 112 of 112
Eligible Child Care Expenses
The type of care to be provided is determined by the assisted family. The PHA may not
refuse to give a family the child care expense deduction because there is an adult family
member in the household that may be available to provide child care [VG, p. 261.
Allowable Child Care Activities
For school -age children, costs attributable to public or private school activities during
standard school hours are not considered. Expenses incurred for supervised activities
after school or during school holidays (e.g., summer day camp, after- school sports
league) are allowable forms of child care.
The costs of general housekeeping and personal services are not eligible. Likewise,
child care expenses paid to a family member who lives in the family's unit are not
eligible; however, payments for child care to relatives who do not live in the unit are
eligible.
If a child care provider also renders other services to a family or child care is used to
enable a family member to conduct activities that are not eligible for consideration, the
PHA will prorate the costs and allow only that portion of the expenses that is attributable
to child care for eligible activities. For example, if the care provider also cares for a child
with disabilities who is 13 or older, the cost of care will be prorated. Unless otherwise
specified by the child care provider, the calculation will be based upon the number of
hours spent in each activity and/or the number of persons under care.
Necessary and Reasonable Costs
Child care expenses will be considered necessary if: (1) a family adequately explains
how the care enables a family member to work, actively seek employment, or further his
or her education, and (2) the family certifies, and the child care provider verifies, that the
expenses are not paid or reimbursed by any other source.
Child care expenses will be considered for the time required for the eligible activity plus
reasonable transportation time. For child care that enables a family member to go to
school, the time allowed may include not more than one study hour for each hour spent
in class.
To establish the reasonableness of child care costs, the PHA will use the schedule of
child care costs from the local welfare agency. Families may present, and the PHA will
consider, justification for costs that exceed typical costs in the area.
Pagel U of 113
PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY
6- III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS
TTP Formula [24 CFR 5.628]
HUD regulations specify the formula for calculating the total tenant payment (TTP) for
an assisted family. TTP is the highest of the following amounts, rounded to the nearest
dollar:
• 30 percent of the family's monthly adjusted income (adjusted income is
defined in Part 11)
• 10 percent of the family's monthly gross income (annual income, as
defined in Part I, divided by 12)
• The welfare rent (in as -paid states only)
• A minimum rent between $0 and $50 that is established by the PHA
The PHA has authority to suspend and exempt families from minimum rent when a
financial hardship exists, as defined in section 6- 111.6.
The amount that a family pays for rent and utilities (the family share) will never be less
than the family's TTP but may be greater than the TTP depending on the rent charged
for the unit the family selects.
Welfare Rent ['24 CFR 5.628]
Welfare rent does not apply in this locality.
Minimum Rent [24 CFR 5.630]
The minimum rent for this locality is $50.
Family Share [24 CFR 982.305(a)(5)]
If a family chooses a unit with a gross rent (rent to owner plus an allowance for tenant -
paid utilities) that exceeds the PHA's applicable payment standard: (1) the family will
pay more than the TTP, and (2) at initial occupancy the PHA may not approve the
tenancy if it would require the family share to exceed 40 percent of the family's monthly
adjusted income. The income used for this determination must have been verified no
earlier than 60 days before the family's voucher was issued. (For a discussion of the
application of payment standards, see section 6- 111.C.)
Page 114 of 114
PHA Subsidy [24 CFR 982.505(b)]
The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal
to the lower of (1) the applicable payment standard for the family minus the family's TTP
or (2) the gross rent for the family's unit minus the TTP. (For a discussion of the
application of payment standards, see section 6- III.C.)
Utility Reimbursement [24 CFR 982.514(b)]
When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility
reimbursement, The PHA will make utility reimbursements to the family.
6- III.B. FINANCIAL- HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.6301
Overview
If the PHA establishes a minimum rent greater than zero, the PHA must grant an
exemption from the minimum rent if a family is unable to pay the minimum rent because
of financial hardship.
The financial hardship exemption applies only to families required to pay the minimum
rent. If a family's TTP is higher than the minimum rent, the family is not eligible for a
hardship exemption. If the PHA determines that a hardship exists, the family share is
the highest of the remaining components of the family's calculated TTP.
HUD - Defined Financial Hardship
Financial hardship includes the following situations:
(1) The family has lost eligibility for or is awaiting an eligibility determination for a
federal, state, or local assistance program. This includes a family member who is a
noncitizen lawfully admitted for permanent residence under the Immigration and
Nationality Act who would be entitled to public benefits but for Title IV of the
Personal Responsibility and Work Opportunity Act of 1996.
A hardship will be considered to exist only if the loss of eligibility has an impact on
the family's ability to pay the minimum rent.
For a family waiting for a determination of eligibility, the hardship period will end as
of the first of the month following (1) implementation of assistance, if approved, or
(2) the decision to deny assistance. A family whose request for assistance is denied
may request a hardship exemption based upon one of the other allowable hardship
circumstances.
Page 115 of 115
(2) The family would be evicted because it is unable to pay the minimum rent.
For a family to qualify under this provision, the cause of the potential eviction must
be the family's failure to pay rent to the owner or tenant -paid utilities.
(3) Family income has decreased because of changed family circumstances,
including the loss of employment.
(4) A death has occurred in the family.
In order to qualify under this provision, a family must describe how the death has
created a financial hardship (e.g., because of funeral- related expenses or the loss of
the family member's income).
(5) The family has experienced other circumstances determined by the PHA,
Implementation of Hardship Exemption
Determination of Hardship
When a family requests a financial hardship exemption, the PHA must suspend the
minimum rent requirement beginning the first of the month following the family's
request.
The PHA then determines whether the financial hardship exists and whether the
hardship is temporary or long -term.
The PHA defines temporary hardship as a hardship expected to last 90 days or less.
Long term hardship is defined as a hardship expected to last more than 90 days.
When the minimum rent is suspended, the family share reverts to the highest of the
remaining components of the calculated TTP.
The example below demonstrates the effect of the minimum rent exemption.
Page 116 of 116
Example: Impact of Minimum Rent Exemption
Assume the PHA has established
a minimum rent of $35.
Family Share — No Hardship
Family Share — With Hardship
$0
30% of monthly adjusted
$0 30% of monthly adjusted
income
income
$15
$15
10% of monthly gross income
10% of monthly gross income
NIA
NIA
Welfare rent
Welfare rent
$35
$35
Minimum rent
Minimum rent
Minimum rent applies.
Hardship exemption granted.
TTP = $35
TTP = $15
Page 116 of 116
To qualify for a hardship exemption, a family must submit a request for a hardship
exemption in writing. The request must explain the nature of the hardship and how the
hardship has affected the family's ability to pay the minimum rent.
The PHA will make the determination of hardship within 30 calendar days.
No Financial Hardship
If the PHA determines there is no financial hardship, the PHA will reinstate the minimum
rent and require the family to repay the amounts suspended.
The PHA will require the family to repay the suspended amount within 30 calendar days
of the PHA's notice that a hardship exemption has not been granted.
Temporary Hardship
If the PHA determines that a qualifying financial hardship is temporary, the PHA must
suspend the minimum rent for the 90 -day period beginning the first of the month
following the date of the family's request for a hardship exemption.
At the end of the 90 -day suspension period, the family must resume payment of the
minimum rent and must repay the PHA the amounts suspended. The PHA will enter into
a repayment agreement in accordance with the procedures found in Chapter 16 of this
plan.
Long -Term Hardship
If the PHA determines that the financial hardship is long -term, the PHA must exempt the
family from the minimum rent requirement for so long as the hardship continues. The
exemption will apply from the first of the month following the family's request until the
end of the qualifying hardship. When the financial hardship has been determined to be
long -term, the family is not required to repay the minimum rent.
The hardship period ends when any of the following circumstances apply:
(1) At an interim or annual reexamination, the family's calculated TTP is greater
than the minimum rent.
(2) For hardship conditions based on loss of income, the hardship condition will
continue to be recognized until new sources of income are received that are
at least equal to the amount lost. For example, if a hardship is approved
because a family no longer receives a $601month child support payment, the
hardship will continue to exist until the family receives at least $60 /month in
income from another source or once again begins to receive the child
support.
Page 117 of 117
(3) For hardship conditions based upon hardship - related expenses, the minimum
rent exemption will continue to be recognized until the cumulative amount
exempted is equal to the expense incurred.
6- III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.5051
Overview
The PHA's schedule of payment standards is used to calculate housing assistance
payments for HCV families. This section covers the application of the PHA's payment
standards. The establishment and revision of the PHA's payment standard schedule are
covered in Chapter 16.
Payment standard is defined as "the maximum monthly assistance payment for a family
assisted in the voucher program (before deducting the total tenant payment by the
family)" [24 CFR 982.4(b)].
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 PHA's subsidy standards [24 CFR 982.4(b)], or (2) the payment standard for
the size of the dwelling unit rented by the family.
If the PHA 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 PHA must use the
appropriate payment standard for the exception area.
The PHA 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
PHA will recalculate the HAP using the lower of the initial payment standard or the
gross rent for the unit [HCV GB, p. 7 -81.
Changes in Payment Standards
When the PHA revises its payment standards during the term of the HAP 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 PHA will determine the payment standard
for the family as follows:
Page 118 of 118
Step 1: At the first regular reexamination following the decrease in the payment
standard, the PHA 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 PHA will compare the payment standard from step 1 to the payment
standard last used to calculate the monthly housing assistance payment for the family.
The payment standard used by the PHA at the first regular reexamination following the
decrease in the payment standard will be the higher of these two payment standards.
The PHA 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.
Step 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 PHA 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 first regular reexamination on or
after the effective date of the increase in the payment standard.
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 PHA is allowed to establish a higher
payment standard for the family within the basic range.
Page 119 of 119
6- III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517]
Overview
A PHA - established utility allowance schedule is used in determining family share and
PHA subsidy. The PHA 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 PHA subsidy standards. See Chapter 5 for information on the
PHA's subsidy standards.
For policies on establishing and updating utility allowances, see Chapter 16.
Reasonable Accommodation
HCV program regulations require a PHA to approve a utility allowance amount higher
than shown on the PHA'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 PHA will approve an allowance
for air - conditioning, even if the PHA has determined that an allowance for air -
conditioning generally is not needed.
The family must request the higher allowance and provide the PHA with an explanation
of the need for.the reasonable accommodation and information about the amount of
additional allowance required [HCV GB, p. 18 -8].
Utility Allowance Revisions
At reexamination, the PHA must use the PHA current utility allowance schedule [24
CFR 982.517(d)(2)].
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 PHA must prorate the assistance provided to a mixed family. The
PHA will first determine assistance as if all family members were eligible and then
prorate the assistance based upon the percentage of family members that actually are
eligible. For example, if the PHA subsidy for a family is calculated at $500 and two of
four family members are ineligible, the PHA subsidy would be reduced to $250.
Page 120 of 120
EXHIBIT 6 -1: ANNUAL INCOME INCLUSIONS 24 CFR 5.609
(a) Annual Income means all amounts,
monetary or not, which:
(1) Go to, or on behalf of, the family head
or spouse (even if temporarily absent) or
to any other family member; or
(2) Are anticipated to be received from a
source outside the family during the 12-
month period following admission or
annual reexamination effective date; and
(3) Which are not specifically excluded in
paragraph (c) of this section.
(4) Annual income also means amounts
derived (during the 12 -month period) from
assets to which any member of the family
has access.
(b) Annual income includes, but is not
limited to:
(1) The full amount, before any payroll
deductions, of wages and salaries,
overtime pay, commissions, fees, tips and
bonuses, and other compensation for
personal services;
(2) The net income from the operation of a
business or profession. Expenditures for
business expansion or amortization of
capital indebtedness shall not be used as
deductions in determining net income. An
allowance for depreciation of assets used
in a business or profession may be
deducted, based on straight line
depreciation, as provided in Internal
Revenue Service regulations. Any
withdrawal of cash or assets from the
operation of a business or profession will
be included in income, except to the
extent the withdrawal is reimbursement of
cash or assets invested in the operation
by the family.
(3) Interest, dividends, and other net
income of any kind from real or personal
property. Expenditures for amortization of
capital indebtedness shall not be used as
deductions in determining net income. An
allowance for depreciation is permitted
only as authorized in paragraph (b)(2) of
this section. Any withdrawal of cash or
assets from an investment will be included
in income, except to the extent the
withdrawal is reimbursement of cash or
assets invested by the family. Where the
family has net family assets in excess of
$5,000, annual income shall include 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, as determined by
HUD;
(4) The full amount of periodic amounts
received from Social Security, annuities,
insurance policies, retirement funds,
pensions, disability or death benefits, and
other similar types of periodic receipts,
including a lump -sum amount or
prospective monthly amounts for the
delayed start of a periodic amount (except
as provided in paragraph (c)(14) of this
section);
(5) Payments in lieu of earnings, such as
unemployment and disability
compensation, worker's compensation
and severance pay (except as provided in
paragraph (c)(3) of this section);
(6) Welfare assistance payments.
(i) Welfare assistance payments made
under the Temporary Assistance for
Needy Families (TANF) program are
included in annual income only to the
extent such payments:
Page 121 of 121
(A) Qualify as assistance under the TANF
program definition at 45 CFR 260.311; and
(B) Are not otherwise excluded under
paragraph (c) of this section.
(ii) If the welfare assistance payment
includes an amount specifically
designated for shelter and utilities that is
subject to adjustment by the welfare
assistance agency in accordance with the
actual cost of shelter and utilities, the
amount of welfare assistance income to
be included as income shall consist of:
(A) The amount of the allowance or grant
exclusive of the amount specifically
designated for shelter or utilities; plus
(B) The maximum amount that the welfare
assistance agency could in fact allow the
family for shelter and utilities. If the
family's welfare assistance is ratably
reduced from the standard of need by
applying a percentage, the amount
calculated under this paragraph shall be
the amount resulting from one application
of the percentage.
(7) Periodic and determinable allowances,
such as alimony and child support
payments, and regular contributions or
gifts received from organizations or from
persons not residing in the dwelling;
(8) All regular pay, special pay and
allowances of a member of the Armed
Forces (except as provided in paragraph
(c)(7) of this section)
HHS DEFINITION OF
"ASSISTANCE"
45 CFR: GENERAL TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES
1 Text of 45 CFR 260.31 follows.
260.31 What does the term
"assistance" mean?
(a)(1) The term "assistance" includes
cash, payments, vouchers, and other
forms of benefits designed to meet a
family's ongoing basic needs (i.e., for
food, clothing, shelter, utilities,
household goods, personal care items,
and general incidental expenses).
(2) It includes such benefits even when
they are:
(i) Provided in the form of payments by
a TANF agency, or other agency on its
behalf, to individual recipients; and
(ii) Conditioned on participation in work
experience or community service (or
any other work activity under 261.30 of
this chapter).
(3) Except where excluded under
paragraph (b) of this section, it also
includes supportive services such as
transportation and child care provided
to families who are not employed.
(b) [The definition of "assistance "]
excludes: (1) Nonrecurrent, short -term
benefits that:
(i) Are designed to deal with a specific
crisis situation or episode of need;
(ii) Are not intended to meet recurrent
or ongoing needs; and
(iii) Will not extend beyond four months.
(2) Work subsidies (i.e., payments to
employers or third parties to help cover
the costs of employee wages, benefits,
supervision, and training);
(3) Supportive services such as child
care and transportation provided to
families who are employed;
(4) Refundable earned income tax
credits;
Page 122 of 122
(5) Contributions to, and distributions
from, Individual Development Accounts,
(6) Services such as counseling, case
management, peer support, child care
information and referral, transitional
services, job retention, job
advancement, and other employment -
related services. that do not provide
basic income support; and
(7) Transportation benefits provided
under a Job Access or Reverse
Commute project, pursuant to section
404(k) of [the Social Security] Act, to an
individual who is not otherwise
receiving assistance.
Page 123 of 123
EXHIBIT 6 -2: ANNUAL INCOME EXCLUSIONS
24 CFR 5.609
(c) Annual income does not include the
following:
(1) Income from employment of children
(including foster children) under the age of
18 years;
(2) Payments received for the care of
foster children or foster adults (usually
persons with disabilities, unrelated to the
tenant family, who are unable to live
alone);
(3) Lump -sum additions to family assets,
such as inheritances, insurance payments
(including payments under health and
accident insurance and worker's
compensation), capital gains and
settlement for personal or property losses
(except as provided in paragraph (b)(5) of
this section);
(4) Amounts received by the family that
are specifically for, or in reimbursement of,
the cost of medical expenses for any
family member;
(5) Income of a live -in aide, as defined in
Sec. 5.403;
(6) The full amount of student financial
assistance paid directly to the student or
to the educational institution;
(7) The special pay to a family member
serving in the Armed Forces who is
exposed to hostile fire;
(8) (i) Amounts received under training
programs funded by HUD;
(ii) Amounts received by a person with a
disability that are disregarded for a limited
time for purposes of Supplemental
Security Income eligibility and benefits
because they are set aside for use under
a Plan to Attain Self- Sufficiency (PASS);
(iii) Amounts received by a participant in
other publicly assisted programs which are
specifically for or in reimbursement of out -
of- pocket expenses incurred (special
equipment, clothing, transportation, child
care, etc.) and which are made solely to
allow participation in a specific program;
(iv) Amounts received under a resident
service stipend. A resident service stipend
is a modest amount (not to exceed $200
per month) received by a resident for
performing a service for the PHA or
owner, on a part -time basis, that enhances
the quality of life in the development. Such
services may include, but are not limited
to, fire patrol, hall monitoring, lawn
maintenance, resident initiatives
coordination, and serving as a member of
the PHA's governing board. No resident
may receive more than one such stipend
during the same period of time;
(v) Incremental earnings and benefits
resulting to any family member from
participation in qualifying State or local
employment training programs (including
training programs not affiliated with a local
government) and training of a family
member as resident management staff.
Amounts excluded by this provision must
be received under employment training
programs with clearly defined goals and
objectives, and are excluded only for the
period during which the family member
participates in the employment training
program;
(9) Temporary, nonrecurring or sporadic
income (including gifts);
Page 124 of 124
(10) Reparation payments paid by a
foreign government pursuant to claims
filed under the laws of that government by
persons who were persecuted during the
Nazi era;
(11) Earnings in excess of $480 for each
full -time student 18 years old or older
(excluding the head of household and
spouse);
(12) Adoption assistance payments in
excess of $480 per adopted child;
(13) [Reserved]
(14) Deferred periodic amounts from
supplemental security income and social
security benefits that are received in a
lump sum amount or in prospective
monthly amounts.
(15) Amounts received by the family in the
form of refunds or rebates under State or
local law for property taxes paid on the
dwelling unit;
(16) Amounts paid by a State agency to a
family with a member who has a
developmental disability and is living at
home to offset the cost of services and
equipment needed to keep the
developmentally disabled family member
at home; or
(17) Amounts specifically excluded by any
other Federal statute from consideration
as income for purposes of determining
eligibility or benefits under a category of
assistance programs that includes
assistance under any program to which
the exclusions set forth in 24 CFR
5.609(c) apply. A notice will be published
in the Federal Register and distributed to
PHAs and housing owners identifying the
benefits that qualify for this exclusion.
Updates will be published and distributed
when necessary. [See the following chart
for a list of benefits that qualify for this
exclusion.]
Sources of Income Excluded by
Federal Statute from Consideration
as Income for Purposes of
Determining Eligibility or Benefits
a) The value of the allotment
provided to an eligible household
under the Food Stamp Act of 1977
(7 U.S.C. 2017 (b));
b) Payments to Volunteers under
the Domestic Volunteer Services Act
of 1973 (42 U.S.C. 5044(g), 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));
f) 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.t--
94 -540, 90 Stat. 2503 -04);
Page 125 of 125
h) The first $2000 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 $2000 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) Amounts of scholarships funded
under title IV of the Higher Education
Act of 1965,..including awards under
federal work -study program or under
the Bureau of Indian Affairs student
assistance programs (20 U.S.C.
1087uu);
j) Payments received from programs
funded under Title V of the Older
Americans Act of 1985 (42 U.S.0
3056(f));
k) Payments received on or after
January 1, 1989, from 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.);
1) Payments received under the
Maine Indian Claims Settlement Act
of 1980 (25 U.S.C. 1721);
m) 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);
n) Earned income tax credit (EITC)
refund payments received on or after
January 1, 1991 (26 U.S.C. 326));
o) 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);
p) Allowances, earnings and
payments to AmeriCorps participants
under the National and Community
Service Act of 1990 (42 U.S.C.
12637(d));
q) 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);
r) 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); and
s) Allowances, earnings and
payments to individuals participating
in programs under the Workforce
Investment Act of 1998 (29 U.S.C.
2931).
Page 126 of 126
EXHIBIT 6 -3: TREATMENT OF FAMILY ASSETS
24 CFR 5,603(b) Net Family Assets
(1) Net cash value after deducting
reasonable costs that would be incurred in
disposing of real property, savings, stocks,
bonds, and other forms of capital
investment, excluding interests in Indian
trust land and excluding equity accounts in
HUD homeownership programs. The
value of necessary items of personal
property such as furniture and
automobiles shall be excluded.
(2) In cases where a trust fund has been
established and the trust is not revocable
by, or under the control of, any member of
the family or household, the value of the
trust fund will not be considered an asset
so long as the fund continues to be held in
trust. Any income distributed from the trust
fund shall be counted when determining
annual income under Sec. 5.609.
(3) In determining net family assets, PHAs
or owners, as applicable, shall include the
value of any business or family assets
disposed of by an applicant or tenant for
less than fair market value (including a
disposition in trust, but not in a foreclosure
or bankruptcy sale) during the two years
preceding the date of application for the
program or reexamination, as applicable,
in excess of the consideration received
therefore. In the case of a disposition as
park of a separation or divorce settlement,
the disposition will not be considered to be
for less than fair market value if the
applicant or tenant receives important
consideration not measurable in dollar
terms.
(4) For purposes of determining annual
income under Sec. 5.609, the term "net
family assets" does not include the value
of a home currently being purchased with
assistance under part 982, subpart M of
this title. This exclusion is limited to the
first 10 years after the purchase date of
the home.
Page 127 of 127
Wt:. r
EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES
24 CFR 5.617 Self- sufficiency incentives for persons with disabilities– is
allowance of increase in annual income.
(a) Applicable programs. The disallowance of increase in annual income provided by
this section is applicable only to the following programs: HOME Investment Partnerships
Program (24 CFR part 92); Housing Opportunities for Persons with AIDS (24 CFR part
574); Supportive Housing Program (24 CFR part 583); and the Housing Choice Voucher
Program (24 CFR part 982).
(b) Definitions. The following definitions apply for purposes of this section.
Disallowance. Exclusion from annual income.
Previously unemployed includes a person with disabilities who has earned, in the twelve
months previous to employment, no more than would be received for 10 hours of work
per week for 50 weeks at the established minimum wage.
Qualified family. A family residing in housing assisted under one of the programs listed
in paragraph (a) of this section or receiving tenant -based rental assistance under one of
the programs listed in paragraph (a) of this section.
(1) Whose annual income increases as a result of employment of a family member who
is a person with disabilities and who was previously unemployed for one or more years
prior to employment;
(2) Whose annual income increases as a result of increased earnings by a family
member who is a person with disabilities during participation in any economic self -
sufficiency or other job training program; or
(3) Whose annual income increases, as a result of new employment or increased
earnings of a family member who is a person with disabilities, during or within six
months after receiving assistance, benefits or services under any state program for
temporary assistance for needy families funded under Part A of Title IV of the Social
Security Act, as determined by the responsible entity in consultation with the local
agencies administering temporary assistance for needy families (TANF) and Welfare -to-
Work (WTW) programs. The TANF program is not limited to monthly income
maintenance, but also includes such benefits and services as one -time payments, wage
subsidies and transportation assistance -- provided that the total amount over a six -
month period is at least $500.
(c) Disallowance of increase in annual income—
(1) Initial twelve month exclusion. During the cumulative twelve month period beginning
on the date a member who is a person with disabilities of a qualified family is first
employed or the family first experiences an increase in annual income attributable to
employment, the responsible entity must exclude from annual income (as defined in the
regulations governing the applicable program listed in paragraph (a) of this section) of a
qualified family any increase in income of the family member who is a person with
disabilities as a result of employment over prior income of that family member.
Baldwin Park Housing Authority Administrative PIan1212006
Page 128 of 128
DRAFT
(2) Second twelve month exclusion and phase -in. During the second cumulative twelve
month period after the date a member who is a person with disabilities of a qualified
family is first employed or the family first experiences an increase in annual income
attributable to employment, the responsible entity must exclude from annual income of a
qualified family fifty percent of any increase in income of such family member as a result
of employment over income of that family member prior to the beginning of such
employment.
(3) Maximum four year disallowance. The disallowance of increased income of an
individual family member who is a person with disabilities as provided in paragraph
(c)(1) or (c)(2) is limited to a lifetime 48 month period. The disallowance only applies for
a maximum of twelve months for disallowance under paragraph (c)(1) and a maximum
of twelve months for disallowance under paragraph (c)(2), during the 48 month period
starting from the initial exclusion under paragraph (c)(1) of this section.
(d) Inapplicability to admission. The disallowance of increases in income as a result of
employment of persons with disabilities under this section does not apply for purposes
of admission to the program (including the determination of income eligibility or any
,income targeting-that may be applicable).
EXHIBIT 6 -5: THE EFFECT OF WELFARE BENEFIT REDUCTION
24 CFR 5.615 Public housing program and Section 8 tenant -based assistance
program: How welfare benefit reduction affects family income.
(a) Applicability. This section applies to covered families who reside in public housing
(part 960 of this title) or receive Section 8 tenant -based assistance (part 982 of this
title).
(b) Definitions. The following definitions apply for purposes of this section:
Covered families. Families who receive welfare assistance or other public assistance
benefits ( "welfare benefits ") from a State or other public agency ( "welfare agency ")
under a program for which Federal, State, or local law requires that a member of the
family must participate in an economic self - sufficiency program as a condition for such
assistance.
Economic self - sufficiency program. See definition at Sec. 5.603.
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 nonetheless included
in the family's annual income for purposes of determining rent.
Specified welfare benefit reduction.
(1) A reduction of welfare benefits by the welfare agency, in whole or in part, for a family
member, as determined by the welfare agency, because of fraud by a family member in
connection with the welfare program, or because of welfare agency sanction against a
family member for noncompliance with a welfare agency requirement to participate in an
economic self - sufficiency program.
Baldwin Park Housing Authority Administrative Plan1212006
Page 129 of 129
DRAFT
(2) "Specified welfare benefit reduction" does not include a reduction or termination of
welfare benefits by the welfare agency:
(i) at expiration of a lifetime or other time limit on the payment of welfare benefits;
(ii) because a family member is not able to obtain employment, even though the family
member has complied with welfare agency economic self - sufficiency or work activities
requirements; or
(iii) because a family member has not complied with other welfare agency requirements.
(c) Imputed welfare income.
(1) A family's annual income includes the amount of imputed welfare income (because
of a specified welfare benefits reduction, as specified in notice to the PHA by the
welfare agency), plus the total amount of other annual income as determined in
accordance with Sec. 5.609.
(2) At the request of the PHA, the welfare agency will inform the PHA in writing. of the
amount and term of any specified welfare benefit reduction for a family member, and the
reason for such reduction, and will also inform the PHA of any subsequent changes in
the term or amount of such specified welfare benefit reduction. The PHA will use this
information to determine the amount of imputed welfare income for a family.
(3) A family's annual income includes imputed welfare income in family annual income,
as determined at the PHA's interim or regular reexamination of family income and
composition, during the term of the welfare benefits reduction (as specified in
information provided to the PHA by the welfare agency).
(4) The amount of the imputed welfare income is offset by the amount of additional
income a family receives that commences after the time the sanction was imposed.
When such additional income from other sources is at least equal to the imputed
(5) The PHA may not include imputed welfare income in annual income if the family was
not an assisted resident at the time of sanction.
(d) Review of PHA decision.
(1) Public housing. If a public housing tenant claims that the PHA has not correctly
calculated the amount of imputed welfare income in accordance with HUD
requirements, and if the PHA denies the family's request to modify such amount, the
PHA shall give the tenant written notice of such denial, with a brief explanation of the
basis for the PHA determination of the amount of imputed welfare income. The PHA
notice shall also state that if the tenant does not agree with the PHA determination, the
tenant may request a grievance hearing in accordance with part 966, subpart B of this
title to review the PHA determination. The tenant is not required to pay an escrow
deposit pursuant to Sec. 966.55(e) for the portion of tenant rent attributable to the
imputed welfare income in order to obtain a grievance hearing on the PHA
determination.
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1 ::...a
(2) Section 8 participant. A participant in the Section 8 tenant -based assistance program
may request an informal hearing, in accordance with Sec. 982.555 of this title, to review
the PHA determination of the amount of imputed welfare income that must be included
in the family's annual income in accordance with this section. If the family claims that
such amount is not correctly calculated in accordance with HUD requirements, and if
the PHA denies the family's request to modify such amount, the PHA shall give the
family written notice of such denial, with a brief explanation of the basis for the PHA
determination of the amount of imputed welfare income. Such notice shall also state
that if the family does not agree with the PHA determination, the family may request an
informal hearing on the determination under the PHA hearing procedure.
(e) PHA relation with welfare agency.
(1) The PHA must ask welfare agencies to inform the PHA of any specified welfare
benefits reduction for a family member, the reason for such reduction, the term of any
such reduction, and any subsequent welfare agency determination affecting the amount
or term of a specified welfare benefits reduction. If the welfare agency determines a
specified welfare benefits reduction for a family member, and gives the PHA written
notice of such, reduction, the family's annual incomes shall include the imputed welfare
income because of the specified welfare benefits reduction.
(2) The PHA is responsible for determining the amount of imputed welfare income that
is included in the family's annual income as a result of a specified welfare benefits
reduction as determined by the welfare agency, and specified in the notice by the
welfare agency to the PHA. However, the PHA is not responsible for determining
whether a reduction of welfare benefits by the welfare agency was correctly determined
by the welfare agency in accordance with welfare program requirements and
procedures, nor for providing the opportunity for review or hearing on such welfare
agency determinations.
(3) Such welfare agency determinations are the responsibility of the welfare agency,
and the family may seek appeal of such determinations through the welfare agency's
normal due process procedures. The PHA shall be entitled to rely on the welfare agency
notice to the PHA of the welfare agency's determination of a specified welfare benefits
reduction.
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Chapter 7
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.2301
INTRODUCTION
The PHA must verify all information that is used to establish the family's eligibility and
level of assistance and is required to obtain the family's consent to collect the
information. Applicants and program participants must cooperate with the verification
process as a condition of receiving assistance. The PHA must not pass on the cost of
verification to the family.
The PHA will follow the verification guidance provided by HUD in PIH Notice 2004 -01
Verification Guidance and any subsequent guidance issued by HUD. This chapter
summarizes those requirements and provides supplementary PHA policies.
Part I describes the general verification process. More detailed requirements related to
individual factors are provided in subsequent parts including family information (Part II),
income and assets (Part 1II), and mandatory deductions (Part IV).
Verification policies, rules and procedures will be modified as needed to accommodate
persons with disabilities. All information obtained through the verification process will be
handled in accordance with the records management policies of the PHA.
PART I. GENERAL VERIFICATION REQUIREMENTS
7 -I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND
982.551, 24 CFR 5.2301
The family must supply any information that the PHA or HUD determines is necessary
to the administration of the program and must consent to PHA verification of that
information [24 CFR 982.551].
Consent Forms
It is required that all adult applicants and participants sign form HUD -9886,
Authorization for Release of Information. The purpose of form HUD -9886 is to facilitate
automated data collection and computer matching from specific sources and provides
the family's consent only for the specific purposes listed on the form. HUD and the PHA
may collect information from State Wage Information Collection Agencies (SWICAs)
and current and former employers of adult family members. Only HUD is authorized to
collect information directly from the Internal Revenue Service (IRS) and the Social
Security Administration (SSA). Adult family members must sign other consent forms as
needed to collect information relevant to the family's eligibility and level of assistance.
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Penalties for Failing to Consent [24 CFR 5.232]
If any family member who is required to sign a consent form fails to do so, the PHA will
deny admission to applicants and terminate assistance of participants. The family may
request an informal review (applicants) or informal hearing (participants) in accordance
with PHA procedures.
7 -I.B. OVERVIEW OF VERIFICATION REQUIREMENTS
HUD's Verification Hierarchy
In order of priority, the forms of verification that the PHA will use are:
Up -front Income Verification (UIV) whenever available
Third -party Written Verification
Third -party Oral Verification
Review of Documents
Self- Certification
Each of the verification methods is discussed in subsequent sections below. Exhibit 7 -1
at the end of the chapter contains an excerpt from the notice that provides guidance
with respect to how each method may be used.
Requirements for Acceptable Documents
Any documents used for verification must be the original (not photocopies) and
generally must be dated within 60 calendar days of the date they are provided to the
PHA. The documents must not be damaged, altered or in any way illegible.
The PHA will accept documents dated up to 6 months before the effective date of the
family's reexamination if the document represents the most recent scheduled report
from a source. For example, if the holder of a pension annuity provides semi - annual
reports, the PHA would accept the most recent report.
Printouts from web pages are considered original documents.
The PHA staff member who views the original document must make a photocopy,
annotate the copy with the name of the person who provided the document and the date
the original was viewed, and sign the copy.
Any family self - certifications must be made in a format acceptable to the PHA and must
be signed in the presence of a PHA representative or PHA notary public.
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File Documentation
The PHA must document in the file how the figures used in income and rent calculations
were determined. All verification attempts, information obtained, and decisions reached
during the verification process will be recorded in the family's file in sufficient detail to
demonstrate that the PHA has followed all of the verification policies set forth in this
plan. The record should be sufficient to enable a staff member or HUD reviewer to
understand the process followed and conclusions reached.
7 -LC. UP -FRONT INCOME VERIFICATION (UIV)
Up -front income verification (UIV) refers to the PHA's use of the verification tools
available from independent sources that maintain computerized information about
earnings and benefits. UIV will be used to the extent that these systems are available to
the PHA.
The PHA will inform all applicants and participants of its use of the following UIV
resources during the admission and reexamination process:
HUD's EIV system (when it is available to the PHA)
The PHA must restrict access to and safeguard UIV data in accordance with.HUD
guidance on security procedures, as issued and made available by HUD.
There may be legitimate differences between the information provided by the family and
UIV - generated information. No adverse action can be taken against a family until the
PHA has independently verified the UIV information and the family has been granted an
opportunity to contest any adverse findings through the informal review /hearing process
of the PHA.
Definition of Substantial Difference
UIV information is used differently depending upon whether there is a substantial
difference between information provided by the family and the UIV information. In "HUD
Guidelines for Projecting Annual Income When UIV Data is Available" [HUD website,
April 2004, The PHA will use $2400 or more annually as the threshold for a substantial
difference.
See Chapter 6 for the PHA's policy on the use of UIV to project annual income and for
the PHA's threshold for substantial difference.
When No Substantial Difference Exists
If UIV information does not differ substantially from family information, the UIV
documentation may serve as third -party written verification.
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When a Substantial Difference Exists
When there is a substantial difference between the information provided by the UIV
source and the family, the PHA must request another form of third -party written
verification and use any other verification methods (in priority order) to reconcile the
difference(s).
Use of HUD's Enterprise Income Verification (EIV) System
HUD's EIV system contains data showing earned income, unemployment benefits,
Social Security and SSI benefits for participant families. HUD requires the PHA to use
the EIV system when available. The following policies will apply when the PHA has
access to HUD's EIV system.
The EIV system contains two main components: tenant income data reports and
"exceeds threshold" reports.
Tenant Income Data (TID) Reports
The data shown on TO reports is updated quarterly. Data may be between 3 and 6
months old at the time reports are generated.
The PHA will obtain TID reports far annual reexaminations on a monthly basis. Reports will be
generated as part of the regular reexamination process.
TID reports will be compared to family - provided information as part of the annual
reexamination process. TID reports may be used in the calculation of annual income, as
described in Chapter 6.I.C. TO reports may also be used to meet the regulatory
requirement for third party verification, as described above. Policies for resolving
discrepancies between TID reports and family- provided information will be resolved as
described in Chapter 6.1.C. and in this chapter.
TO reports will be used in interim reexaminations when it is necessary to verify and
calculate earned income, unemployment benefits, Social Security and/or SSI benefits.
TID reports will be retained in participant files with the applicable annual or interim
reexamination documents.
When the PHA determines through TO reports and third party verification that a family
has concealed or under - reported income, corrective action will be taken pursuant to the
policies in Chapter 14, Program Integrity.
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7 -I.D. THIRD -PARTY WRITTEN AND ORAL VERIFICATION
Reasonable Effort and Timing
Unless third -party verification is not required as described below, HUD requires the PHA
to make at least two unsuccessful attempts to obtain third -party verification before using
another form of verification [VG, p. 15].
The PHA will diligently seek third -party verification using a combination of written and
oral requests to verification sources. Information received orally from third parties may
be used either to clarify information provided in writing by the third party or as
independent verification when written third -party verification is not received in a timely
fashion.
The PHA may mail, fax, e-mail, or hand deliver third -party written verification requests
and will accept third -party responses using any of these methods with the exception of
e -mail due to the need of a signature. The PHA will send a written request for .
verification to each required source within 5 business days of securing a family's
authorization for the release of the information and give the source 10 business days to
respond in writing. If a response has not been received by the 11 th business day, the
PHA will request third -party oral verification.
The PHA will make a minimum of two attempts, one of which may be oral, to obtain third party
verification. A record of each attempt to contact the third party source (including no- answer
calls) and all contacts with the source will be documented in the file. Regarding third party oral
verification, PHA staff will record in the family's file the name and title of the person contacted,
the date and time of the conversation (or attempt), the telephone number used, and the facts
provided.
When any source responds verbally to the initial written request for verification the PHA
will accept the verbal response as oral verification but will also request that the source
complete and return any verification forms that were provided.
If a third party agrees to confirm in writing the information provided orally, the PHA will
wait no more than 5 business days for the information to be provided. If the information
is not provided by the 6th business day, the PHA will use any information provided orally
in combination with reviewing family - provided documents.
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Exceeds Threshold Reports (ETRs)
The ETR is a tool for identifying families who may have concealed or under - reported
income. Data in the ETR represents income for past reporting periods and may be
between 6 months and 30 months old at the time ETRs are generated.
Families who have not concealed or under - reported income may appear on the ETR in
some circumstances, such as loss of a job or addition of new family members.
The PHA will generate and review ETRs on a monthly basis. The ETR threshold
percentage will be adjusted as necessary based on the findings in the ETRs.
In reviewing ETRs, the PHA will begin with the largest discrepancies.
When the PHA determines that a participant appearing on the ETR has not concealed
or under - reported income, the participant's name will be placed on a list of "false
positive" reviews. To avoid multiple reviews in this situation, participants appearing on
this list will be eliminated from ETR processing until a subsequent interim or annual
reexamination has been completed.
When it appears that a family may have concealed or under - reported income, the PHA
will request third -party written verification of the income in question.
When the PHA determines through ETR review and third party verification that a family
has concealed or under - reported income, corrective action will be taken pursuant to the
policies in Chapter 14, Program Integrity.
EIV Identity Verification
The EIV system verifies tenant identities against SSA records. These records are
compared to PIC data for a match on Social Security number, name, and date of birth.
When identity verification for a participant fails, a message will be displayed within the
EIV system and no income information will be displayed.
The PHA will identify participants whose identity verification has failed as part of the
annual reexamination process.
The PHA will attempt to resolve PIC /SSA discrepancies by reviewing file documents.
When the PHA determines that discrepancies exist due to PHA errors such as spelling
errors or incorrect birth dates, the errors will be corrected promptly.
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When Third -Party Information is Late
When third -party verification has been requested and the timeframes for submission
have been exceeded, the PHA will use the information from documents on a provisional
basis. If the PHA later receives third -party verification that differs from the amounts used
in income and rent determinations and it is past the deadline for processing the
reexamination, the PHA will conduct an interim reexamination to adjust the figures used
for the reexamination, regardless of the PHA's interim reexamination policy.
When Third -Party Verification is Not Required
Primary Documents
Third -party verification is not required when legal documents are the primary source,
such as a birth certificate or other legal documentation of birth.
Certain Assets and Expenses
The PHA will accept a self- certification from a family as verification of assets disposed
of for less than fair market value [HCV GB, p. 5 -28].
The PHA will determine that third -party verification is not available if the asset or
expense involves an insignificant amount, making it not cost- effective or reasonable to
obtain third -party verification [VG, p. 151.
The PHA will use review of documents in lieu of requesting third -party verification when
the market value of an individual asset or an expense is- less than $1000 annually and
the family has original documents that support the declared. amount.
Certain Income, Asset and Expense Sources
The PHA will determine that third -party verification is not available when it is known that
an income source does not have the ability to provide written or oral third -party
verification [VG, p. 15]. For example, the PHA will rely upon review of documents when
the PHA determines that a third party's privacy rules prohibit the source from disclosing
information.
The PHA also will determine that third -party verification is not available when there is a
service charge for verifying an asset or expense and the family has original documents
that provide the necessary information.
If the family cannot provide original documents, the PHA will pay the service charge required to
obtain third -party verification, unless it is not cost effective in which case a self - certification will
be acceptable cis the only means of verification. The cost of verification will not be passed on to
the family.
The cost of postage and envelopes to obtain third -party verification of income, assets,
and expenses is not an unreasonable cost [VG, p. 18].
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7 -I.E. REVIEW OF DOCUMENTS
Using Review of Documents as Verification
If the PHA has determined that third -party verification is not available or not required,
the PHA will use documents provided by the family as verification.
The PHA may also review documents when necessary to help clarify information
provided by third parties. In such cases the PHA will document in the file how the PHA
arrived at a final conclusion about the income or expense to include in its calculations.
7 -I.F. SELF - CERTIFICATION
When information cannot be verified by a third party or by review of documents, family
members will be required to submit self- certifications attesting to the accuracy.of the
information they have provided to the PHA.
The PHA may require a family to certify that a family member does not receive a
particular type of income or benefit.
The self- certification must be made in a format acceptable to the PHA and must.be
signed by the family member whose information or status is being verified. All self -
certifications must be signed in the presence of a PHA representative or notary public.
PART II. VERIFYING FAMILY INFORMATION
7 -ILA, VERIFICATION OF LEGAL IDENTITY
The PHA will require families to furnish verification of legal identity for each household
member.
Verification of Legal Identity for
Adults
Verification of Legal Identity for
Children
Certificate of birth, naturalization
Certificate of birth
papers
Adoption papers
Church issued baptismal certificate
Current, valid driver's license or
Custody agreement
Department of Motor Vehicles
identification card
U.S. military discharge (DD 214)
Health and Human Services ID
U.S. passport
Employer identification card
School records
If a document submitted by a family is illegible or otherwise questionable, more than
one of these documents may be required.
Legal identity will be verified on an as needed basis.
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7 -II.B. SOCIAL SECURITY NUMBERS [24 CFR 5,216 and HCV GB, p. 5 -12]
For every family member age 6 or older, the family must provide documentation of a
valid social security number (SSN), or a self - certification stating that no SSN has been
issued. The self- certification must be executed personally by any family member 18 or
older, or by a parent or guardian for a minor.
The PHA will also accept the following documents as evidence if the SSN is provided on
the document.
Driver's license
Other identification card issued by a federal, state, or local agency, a
medical insurance company or provider, or employer or trade union
Payroll stubs
Benefit award letters from government agencies; retirement benefit letters;
life insurance policies
Court records (real estate, tax notices, marriage and divorce, judgment or
bankruptcy records)
If the family reports an SSN but cannot provide acceptable documentation of the
number, the PHA will require a self - certification stating that documentation of the SSN
cannot be provided at this time. The PHA will require documentation of the SSN within
60 calendar days from the date of the family member's self - certification mentioned
above. If the family is an applicant, assistance cannot be provided until proper
documentation of the SSN is provided.
The PHA will instruct the family to obtain a duplicate card from the local Social Security
Administration (SSA) office.
For individuals who are at least 62 years of age and are unable to submit the required
documentation of their SSN within the initial 60 -day period, the PHA will grant an
additional 60 calendar days to provide documentation.
Social security numbers must be verified only once during continuously- assisted occupancy.
If any family member obtains an SSN after admission to the program, the new SSN
must be disclosed at the next regularly scheduled reexamination. In addition, if a child
reaches the age of 6 and has no SSN, the parent or guardian must execute a self -
certification stating that the child has no SSN at the next regularly scheduled
reexamination.
The social security numbers of household members, such as live -in aids, must be verified for the
purpose of conducting criminal background checks.
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7 -II.C. DOCUMENTATION OF AGE
A birth certificate or other official record of birth is the preferred form of age verification
for all'family members. For elderly family members an original document that provides
evidence of the receipt of social security retirement benefits is acceptable.
If an official record of birth or evidence of social security retirement benefits cannot be
provided, the PHA will require the family to submit other documents that support the
reported age of the family member (e.g., school records, driver's license if birth year is
recorded) and to provide a self - certification.
Age must be verified only once during continuously- assisted occupancy.
7 -II.D. FAMILY RELATIONSHIPS
Applicants and program participants are required to identify the relationship of each
household member to the head of household. Definitions of the primary household
relationships are provided in the Eligibility chapter.
Family relationships are verified only to the extent necessary to determine a family's
eligibility and level of assistance. Certification by the head of household normally is
sufficient verification of family relationships.
Marriage
Certification by the head of household is normally sufficient verification. If the PHA has
reasonable doubts about a marital relationship, the PHA will require the family to
document the marriage.
Separation or Divorce
Certification by the head of household is normally sufficient verification. If the PHA has
reasonable doubts about a separation or divorce, the PHA will require the family to
document the divorce, or separation.
A certified copy of a divorce decree, signed by a court officer, is required to document
that a couple is divorced.
A copy of a court - ordered maintenance or other court record is required to document a
separation.
If no court document is available, documentation from a community -based agency will
be accepted.
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Absence of Adult Member
If an adult member who was formerly a member of the household is reported to be
permanently absent, the family must provide evidence to support that the person is no
longer a member of the family (e.g., documentation of another address at which the
person resides such as a lease or utility bill).
Foster Children and Foster Adults
Third -party verification from the state or local government agency responsible for the
placement of the individual with the family is required.
7 -II.E. VERIFICATION OF STUDENT STATUS
The PHA will require families to provide information about the student status of all
students who are 18 years of age or older. This information will be verified only if:
The family claims full -time student status for an adult other than the head,
spouse, or cohead, or
The family claims a child care deduction to enable a family member to
further his or her education.
7 -II.F. DOCUMENTATION OF DISABILITY
The PHA must verify the existence of a disability in order to allow certain income
disallowances and deductions from income. The PHA is not permitted to inquire about
the nature or extent of a person's disability [24 CFR 100.202(c)]. The PHA may not
inquire about a person's diagnosis or details of treatment for a disability or medical
condition. if the PHA receives a verification document that provides such information,
the PHA will not place this information in the tenant file. Under no circumstances will the
PHA request a participant's medical record(s). For more information on health care
privacy laws, see the Department of Health and Human Services' website at
www.os.dhhs.go�.
The above cited regulation does not prohibit the following inquiries, provided these
inquiries are made of all applicants, whether or not they are persons with disabilities
[VG, p. 24]:
• inquiry into an applicant's ability to meet the requirements of ownership or tenancy
• Inquiry to determine whether an applicant is qualified for a dwelling available only to
persons with disabilities or to persons with a particular type of disability
• Inquiry to determine whether an applicant for a dwelling is qualified for a priority
available to persons with disabilities or to persons with a particular type of disability
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• Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a
controlled substance
• Inquiring whether an applicant has been convicted of the illegal manufacture or
distribution of a controlled substance
Family Members Receiving SSA Disability Benefits
Verification of the receipt of disability benefits from the Social Security Administration
(SSA) is sufficient verification of disability for the purpose of qualifying for waiting list
preferences (if applicable) or certain income disallowances and deductions [VG, p. 231.
For family members claiming disability who receive disability benefits from the SSA, the
PHA will attempt to obtain information about disability benefits through the HUD
Enterprise Income Verification (EIV) system when it is available. If documentation from
HUD's EIV System is not available, the PHA will request a current (dated within the last
60 days) SSA benefit verification letter from each family member claiming disability
status. If the family is unable to provide the document(s), the PHA will ask the family to
request a benefit verification letter by either calling SSA at 1- 800 - 772 -1213, or by
requesting it from www.ssa..gov. Once the applicant or participant receives the benefit
verification letter they will be required to provide it to the PHA.
Family Members Not Receiving SSA Disability Benefits
Receipt of veteran's disability benefits, worker's compensation, or other non -SSA
benefits based on the individual's claimed disability are not sufficient verification that the
individual meets HUD's definition of disability in 24 CFR 5.603.
For family members claiming disability who do not receive disability benefits from the
SSA, a knowledgeable professional must provide third -party verification that the family
member meets the HUD definition of disability. See the Eligibility chapter for the HUD
definition of disability. The knowledgeable professional will verify whether the family
member does or does not meet the HUD definition.
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1 /: I ly 1
7 -II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508]
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 PHA verification
requirements related to citizenship status.
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.
Family members who claim U.S. citizenship or national status will be required to provide
additional documentation such as a birth certificate, United States passport or other
appropriate documentation.
Eligible Immigrants
Documents Required
All family members claiming eligible immigration 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., the 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.
PHA 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 7 -II.C. of this plan. No further verification of eligible
immigration status is required.
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For family members under the age of 62 who claim to be eligible immigrants, the PHA
must verify immigration status with the United States Citizenship and Immigration
Services (USCIS).
The PHA will follow all USCIS protocols for verification of eligible immigration status.
7 -II.H. VERIFICATION OF PREFERENCE STATUS
The PHA must verify any preferences claimed by an applicant.
The PHA will offer a preference to any family that has been terminated from its HCV
program due to insufficient program funding. The PHA will verify this preference using
the PHA's termination records.
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 PHA policies that
supplement the general verification procedures specified in. Part I of this chapter.
7- III.A. EARNED INCOME
Tips
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
Business owners and self - employed persons will be required to provide:
An audited financial statement for the previous fiscal year if an audit was
conducted. If an audit was not conducted, a statement of income and
expenses must be submitted and the business owner or self - employed
person must certify to its accuracy.
All schedules completed for filing federal and local taxes in the preceding
year.
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.
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The PHA will provide a format for any person who is unable to provide such a statement
to record income and expenses for the coming year. The business owner /self- employed
person will be required to submit the information requested and to certify to its accuracy
at all future reexaminations.
At any reexamination the PHA may request documents that support submitted financial
statements such as manifests, appointment books, cash books, or bank statements.
If a family member has been self - employed less than three (3) months, the PHA 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 PHA 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 SecuritylSSI Benefits
To verify the SSISSI benefits of applicants, the PHA 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 PHA will
ask the family to request a benefit verification letter by either calling SSA at 1- 800 -772-
1213, or by requesting it from www.ssa.gov. Once the applicant has received the benefit
verification letter they will be required to provide it to the PHA.
To verify the SSISSI benefits of participants, the PHA will obtain information about
social securitylSSI benefits through the HUD EIV System or the Tenant Assessment
Subsystem (TASS). If benefit information is not available in HUD systems, the PHA 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 PHA will
ask the family to request a benefit verification letter by either calling SSA at 1- 800 -772-
1213, or by requesting it from www.ssa.gov. Once the participant has received the
benefit verification letter they will be required to provide it to the PHA.
7- III.D. ALIMONY OR CHILD SUPPORT
The way the PHA will seek verification for alimony and child support differs depending
on whether the family declares that it receives regular payments.
If the family declares that it receives regular payments, verification will be sought in
the following order.
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If payments are made through a state or local entity, the PHA will request a record of
payments for the past 12 months and request that the entity disclose any known
information about the likelihood of future payments.
Third -party verification from the person paying the support
Copy of a separation or settlement agreement or a divorce decree stating amount and
type of support and payment schedules
Copy of the latest check and/or payment stubs
Family's self- certification of amount received and of the likelihood of support payments
being received in the future, or that support payments are not being received.
if the family declares that it receives irregular or no payments, in addition to the
verification process listed above, the family must provide evidence that it has taken all
reasonable efforts to collect amounts due. This may include:
A statement from any agency responsible for enforcing payment that shows the
family has requested enforcement and is cooperating with all enforcement efforts
If the family has made independent efforts at collection, a written statement from the
attorney or other collection entity that has assisted the family in these efforts
Note: Families are not required to undertake independent enforcement action.
7- III.E. ASSETS AND INCOME FROM ASSETS
Assets Disposed of for Less than Fair Market Value
The family must certify whether any assets have been disposed of for less than fair
market value in the preceding two years. The PHA needs to verify only those
certifications that warrant documentation [HCV GB, p. 5 -28].
The PHA will verify the value of assets disposed of only if:
The PHA does not already have a reasonable estimation of its value from
previously collected information, or
The amount reported by the family in the certification appears obviously in
error.
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DRAFT
Example 1: An elderly participant reported a $10,000 certificate of deposit at the
last annual reexamination and the PHA verified this amount. Now the person
reports that she has given this $10,000 to her son. The PHA has a reasonable
estimate of the value of the asset; therefore, reverification of the value of the
asset is not necessary.
Example 2: A family member has disposed of its 114 share of real property
located in a desirable area and has valued her share at approximately 5,000.
Based upon market conditions, this declaration does not seem realistic.
Therefore, the PHA will verify the value of this asset.
7- III.F. NET INCOME FROM RENTAL PROPERTY
The family must provide:
A current executed lease for the property that shows the rental amount or
certification from the current tenant
A self - certification from the family members engaged in the rental of
property providing an estimate of expenses for the coming year and the
most recent IRS Form 1040 with Schedule E (Rental Income). If schedule
E was not prepared, the PHA will require the family members involved in
the rental of property to provide a self - certification of income and
expenses for the previous year and may request documentation to support
the statement including: tax statements, insurance invoices, bills for
reasonable maintenance and utilities, and bank statements or amortization
schedules showing monthly interest expense.
7 -IILG. RETIREMENT ACCOUNTS
When third -party verification is not available the type of original document that
will be accepted depends upon the family member's retirement status.
Before retirement, the PHA will accept an original document from the
entity holding the account with a date that shows it is the most recently
scheduled statement for the account but in no case earlier than 6 months
from the effective date of the examination.
Upon retirement, the PHA will accept an original document from the entity
holding the account that reflects any distributions of the account balance,
any lump sums taken and any regular payments.
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After retirement, the PHA will accept an original document from the entity
holding the account dated no earlier than 12 months before that reflects
any distributions of the account balance, any lump sums taken and any
regular payments.
7- 111.H. INCOME FROM EXCLUDED SOURCES
A detailed discussion of excluded income is provided in Chapter 6, Part I.
The PHA must obtain verification for income exclusions only if, without verification, the
PHA would not be able to determine whether the income is to be excluded. For
example: If a family's 16 year old has a job at a fast food restaurant, the PHA will
confirm that PHA records verify the child's age but will not send a verification request to
the restaurant. However, if a family claims the earned income disallowance for a source
of income, both the source and the income must be verified.
The PHA will reconcile differences in amounts reported by the third party and the family
only when the excluded amount is used to calculate the family share (as is the case with
the earned income disallowance). In all other cases, the PHA will report the amount to
be excluded as indicated on documents provided by the family.
7- 111.1. ZERO ANNUAL INCOME STATUS
Families claiming to have no annual income will be `required to execute verification
forms to determine that certain forms of income such as unemployment benefits, TANF,
SSI, etc. are not being received by the household or eligible to be received.
The PHA will request information from the State Employment Development Department.
PART IV. VERIFYING MANDATORY DEDUCTIONS
7 -IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS
The dependent and elderly/disabled family deductions require only that the PHA verify
that the family members identified as dependents or elderly/disabled persons meet the
statutory definitions. No further verifications are required.
Dependent Deduction
See Chapter 6 (6- 11.13.) for a full discussion of this deduction. The PHA will verify that:
• Any person under the age of 18 for whom the dependent deduction is claimed is not
the head, spouse, or cohead of the family and is not a foster child
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DRAFT
Any person age 18 or older for whom the dependent deduction is claimed is not a
foster adult or live -in aide, and is a person with a disability or a full time student
Elderly /Disabled Family Deduction
See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 (6-
II.C.) for a discussion of the deduction. The PHA will verify that the head, spouse, or
cohead is 62 years of age or older or a person with disabilities.
7 -IV.B. MEDICAL EXPENSE DEDUCTION
Policies related to medical expenses are found _in 6 -II.D. The amount of the deduction
will be verified following the standard verification procedures described in Part I.
Amount of Expense
The PHA will. provide a third -party verification form directly to the medical provider
requesting the needed information.
Medical expenses will be verified through:
Third -party verification form signed by the provider, when possible
If third -party is not possible, copies of cancelled checks used to make medical
expense payments and/or printouts or receipts from the source will be used. In
this case the PHA will make a best effort to determine what expenses from the
past are likely to continue to occur in the future. The PHA will also accept
evidence of monthly payments or total payments that will be due for medical
expenses during the upcoming 12 months.
If third -party or document review is not possible, written family certification as to
costs anticipated to be incurred during the upcoming 12 months
In addition, the PHA must verify that:
The household is eligible for the deduction.
The costs to be deducted are qualified medical expenses.
The expenses are not paid for or reimbursed by any other source.
Costs incurred in past years are counted only once.
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DRAFT
Eligible Household
The medical expense deduction is permitted only for households in which the head,
spouse, or cohead is at least 62, or a person with disabilities. The PHA will verify that
the family meets the definition of an elderly or disabled family provided in the Eligibility
chapter and as described in Chapter 7 (7- IV.A.) of this plan.
Qualified Expenses
To be eligible for the medical expenses deduction, the costs must qualify as medical
expenses. See Chapter 6 (6- II.D.) for the PHA's policy on what counts as a medical
expense.
Unreimbursed Expenses
To be eligible for the medical expenses deduction, the costs must not be reimbursed by
another source.
The family will be required to certify that the medical expenses are not paid or
reimbursed to the family from any source.
Expenses Incurred in Past Years
When anticipated costs are related to on -going payment of medical bills incurred in past
years, the PHA will verify:
The anticipated repayment schedule
The amounts paid in the past, and
Whether the amounts to be repaid have been deducted from the family's annual
income in past years
7 -IV.C. DISABILITY ASSISTANCE EXPENSES
Policies related to disability assistance expenses are found in 6 -II.E. The amount of the
deduction will be verified following the standard verification procedures described in
Part I.
Amount of Expense
Attendant Care
The PHA will provide a third -party verification form directly to the care provider
requesting the needed information.
Expenses for attendant care will be verified through:
Third -party verification form signed by the provider, when possible
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1 � A
If third -party is not possible, copies of cancelled checks used to make attendant
care payments and/or receipts from care source
If third -party or document review is not possible, written family certification as to
costs anticipated to be incurred for the upcoming 12 months
Auxiliary Apparatus
Expenses for auxiliary apparatus will be verified through:
Third -party verification of anticipated purchase costs of auxiliary apparatus
If third -party is not possible, billing statements for purchase of auxiliary
apparatus, or other evidence of monthly payments or total payments that will be
due for the apparatus during the upcoming 12 months
If third -party or document review is not possible, written family certification of
estimated apparatus costs for the upcoming 12 months
In addition, the PHA must verify that:
• The family member for whom the expense is incurred is a person with disabilities (as
described in 7 -11.17 above).
The expense permits a family member, or members, to work (as described in 6-
11.E.).
• The expense is not reimbursed from another source (as described in 6- II.E.).
Family Member is a Person with Disabilities
To be eligible for the disability assistance expense deduction, the costs must be
incurred for attendant care or auxiliary apparatus expense associated with a person with
disabilities. The PHA will verify that the expense is incurred for a person with disabilities
(See 7-11. F.).
Family Member(s) Permitted to Work
The PHA must verify that the expenses claimed actually enable a family member, or
members, (including the person with disabilities) to work.
The PHA will seek third -party verification from a Rehabilitation Agency or
knowledgeable medical professional indicating that the person with disabilities requires
attendant care or an auxiliary apparatus to be employed, or that the attendant care or
auxiliary apparatus enables another family member, or members, to work (See 6- II.E.).
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DRAFT
If third -party and document review verification has been attempted and is either
unavailable or proves unsuccessful, the family must certify that the disability assistance
expense frees a family member, or members (possibly including the family member
receiving the assistance), to work.
Unreimbursed Expenses
To be eligible for the disability expenses deduction, the costs must not be reimbursed
by another source.
An attendant care provider will be asked to certify that, to the best of the provider's
knowledge, the expenses are not paid by or reimbursed to the family from any source.
The family will be required to certify that attendant care or auxiliary apparatus expenses
are not paid by or reimbursed to the family from any source.
7 -IV.D. CHILD CARE EXPENSES
Policies related to childcare expenses are found in Chapter 6 (6 -11 fl. The amount of the
deduction will be verified following the standard verification procedures described in
Part I of this chapter. In addition, the PHA must verify that:
The child is eligible for care.
• The costs claimed are not reimbursed.
The costs enable a family member to pursue an eligible activity.
The costs are for an allowable type of childcare.
The costs are reasonable.
Eligible Child
To be eligible for the childcare deduction, the costs must be incurred for the care of a
child under the age of 13. The PHA will verify that the child being cared for (including
foster children) is under the age of 13 (See 7- II.C.).
Unreimbursed Expense
To be eligible for the childcare deduction, the costs must not be reimbursed by another
source.
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DRA117T
The childcare provider will be asked to certify that, to the best of the provider's
knowledge, the childcare expenses are not paid by or reimbursed to the family from any
source.
The family will be required to certify that the childcare expenses are not paid by or
reimbursed to the family from any source.
Pursuing an Eligible Activity
The PHA must verify that the family member(s) that the family has identified as being
enabled to seek work, pursue education, or be gainfully employed, are actually pursuing
those activities.
Information to be Gathered
The PHA will verify information about how the schedule for the claimed activity relates
to the hours of care provided, the time required for transportation, the time required for
study (for students), the relationship of the family member(s) to the child, and any
special needs of the child that might help determine which family member is enabled to
pursue an eligible activity.
Seeking Work
Whenever possible the PHA will use documentation from a state or local agency that
monitors work- related requirements (e.g., welfare or unemployment). In such cases the
PHA will request verification from the agency of the member's job seeking efforts to
date and require the family to submit to the PHA any reports provided to the other
agency.
In the event third -party verification is not available, the PHA will provide the family with a
form on which the family member must record job search efforts. The PHA will review
this information at each subsequent reexamination for which this deduction is claimed.
Furthering Education
The PHA will ask that the academic or vocational educational institution verify that the
person permitted to further his or her education by the childcare is enrolled and provide
information about the timing of classes for which the person is registered.
Gainful Employment
The PHA will seek verification from the employer of the work schedule of the person
who is permitted to work by the childcare. In cases in which two or more family
members could be permitted to work, the work schedules for all relevant family
members may be verified.
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DRAFT
Allowable Type of Child Care
The type of care to be provided is determined by the family, but must fall within certain
guidelines, as discussed in Chapter 6.
The PHA will verify that the type of childcare selected by the family is allowable, as
described in Chapter 6 (6- II.F).
The PHA will verify that the fees paid to the childcare provider cover only child care
costs (e.g., no housekeeping services or personal services) and are paid only for the
care of an eligible child (e.g., prorate costs if some of the care is provided for ineligible
family members).
The PHA will verify that the childcare provider is not an assisted family member.
Verification will be made through the head of household's declaration of family members
who are expected to reside in the unit.
Verifications must specify the child care provider's name, address, telephone number,
the names of the children cared for, the number of hours the child care occurs, the rate
of pay, and the typical yearly amount paid, including school and vacation periods.
Reasonableness of Expenses
Only reasonable childcare costs can be deducted.
The actual costs the family incurs will be compared with the PHA's established
standards of reasonableness for the type of care in the locality to ensure that the costs
are reasonable.
If the family presents a justification for costs that exceed typical costs in the area, the
PHA will request additional documentation, as required, to support a determination that
the higher cost is appropriate.
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ru-tv.1VA-1
EXHIBIT 7-1: EXCERPT FROM HUD VERIFICATION GUIDANCE
NOTICE (PIH 2004-01, pp. 11 -14)
Baldwin Park Housing Authority Administrative Plan12/2006
Page 156 of 156
Use of computer
(LEVEL 4)
The PlIA mails,
In the event the
When neither
Tile PHA may accept
Wages/Salaries
matching
faxes, or e-in ails
independent source
farm of third
a notarized statement
agreements with a
a verification
does not respond to
party verification
or affidavit from the
State Wage
form directly to
the PITA's written
can be obtained,
tenant that dec tares
Information
the independent
request for
the PEA may
the family's total
Collection Agency
sources to obtain
information, the
accept original
annual income from
(SWICA) to obtain
wage
PI-TA may contact
documents such
earnings. Note: Tile
wage information
inforriaLion,
the independent
as consecutive
1`11A must docutuenL
electronically, by
source by phone or
pay stubs (RUD
ill the tenant file, the
mail or fax or in
make an in. person
recommends the
reason third party
t)ersoll,
visit to obtain the
PEA review at
verification was not
requested
least three
available.
Agreements with
The PIIA may
private vendor
have the tenant
information.
months of pay
agencies, such as
sign a Request
stubs, if
The Work Number
for Earnings
employed by the
01-choicepoilt to
Statement from
-same employer
obtain wage and
the SSA to
for three molitlis
salary iliforninfion,
confirm past
or more), W-2
earnings. The
forms, etc. from
PEA mails the
the tenant. Note:
Use or HUD
systems, whell
form to SSA and
The PHA must
available.
the statement will
document in the
be sent to the
tenant file, tile
address the PHA
reason third party
specifies on the
verification was
form.
not available.
'Verification ofExxiplo,.yiiietttliicoiiie.- The PHA should always obtain as much information as possible about the employment,
such as start (late (new employment), termination date (previous employment), pay frequency, pay rate, anticipated pay increases
in the next twelve months, year-to-date, earnings, bonuses, overtime, company name, address and telephone, rinniber, naiiie and
jxmiLion of 1he person WIT11)JOilIg the enlPlOYIDeflt verification form.
Effective Date of if mployinenC ThelIfIA should always confirm start and termination date- of employment.
Baldwin Park Housing Authority Administrative Plan12/2006
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Baldwin Park Housing Authority Administrative Plan1212006
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'0
1tri
M.,
. . ..........
L
(LEVE 4)
'YU
The PHA may
The PIIA may accept
Self-
Not Available
The PHA mails
The PIIA may call
Employment
or faxes a
the source to obtain
accept any
a notarized statement
verification form
income information.
documents (i.e.
or affidavit from the
directly to
tax returns,
tenant that declares
sources identified
invoices and
the family's total
by the family to
letters from
annual income from
obtain income
customers)
self-employment.
information,
provided by the
Note: The PIIA must
tenant to verify
document in the
Self-employment
tenant file, the reason
income. Note,
third party
The PHA inust
Verification Was not
document in the
available,
tenant file, the
reason third party
verification was
not obtained.
Verification of Self-Employment Incoure; Typically, it is a challenge for PFIAs to obtain third party verification of sell' -
employment income, When third party verification is not available, the PIIA should always request a notarized tenant
declaration that i noludos. a perjury statement.
Social Security
Use of HUD Tenant.
The .PHA mails
The PHA may call
Tlic P] IA may
The PHA may accept
Benefits
Assessment System
or faxes a
SSA, whin the tenant
accept an original
a notarized statement
(TASS) to obtain
verification form
on the line, to obtain
SSA Notice from
or affidavit from the
current benefit
directly to the
current benefit
the tenant. Note:
tenant that declares
history and
local SSA office
amount. (Not
The PHA must
monthly social
discrepancy reports.
to obtain social
Available in seine
document in the
security benefits.
security benefit
areas because SSA
tortaill file, tile
Note. The PHA must
information.
makes this data
reason third party
document in the
(Not Available
available through
verification was
tenant file, the reason
in some areas
TASS. SSA
not available.
third party
because SSA
encouniges PIIAs
verification was not
snakes this data
to use TASS.)
available.
available
through TASS.
SSA encourages
PRAs to use
TASS.)
Welfare
Use of computer
The PIIA mails,
The PIIA may call
The PIIA may
The PIIA may accept
Boni3fits
matching
faxes, or C-mails
the local Social
review all
a notarized statement
agreements with the
a verification
Services Agency to
original award
or af ridavit from the
local Social Servicer,
form directly to
obtain current
notice or printout
tenant that declares
Agency to obtain
the local Social
benefit amount.
from the local
monthly welfare
current benefit
Services Agency
Social services
benefits, Note; The
amount
to obtain welfare
Agency provided
PIM anistdocullient
electronically, by
benefit
by the tenant.
in the tenant file, the
mail or fax or in
information.
Note: The PEA
reason third party
person.
must document in
verification was not
the tenant file,
available.
the reason third
party verification
was not available.
I
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DRAFT
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P
............
.. ..... . ...
... nc�ieSY .......
(LEVEL 4)
x v
The MIA may
The PIIA may accept
Child Support
Use of agreement
The PIIA mails,
The PIIA may call
with the local Child
faxes, or c-mails
the local Child
review all
a notarized statement
Support
a verification
Support
original court
or affidavit from the
Enforcement
form directly to
Enforcement
order, notice or
tenant that declares
Agency to obtain
the local Child
Agency or child
printout from the
current child support
current child support
Support
support payer to
local Child
amount and payment
amount and payment
Enforcement
obtain current child
Support
status. Note: Tile
status electronically,
Agency or child
support amount and
Enforcement
PIM must document
by mail or fax or in
support payer to
payment status.
Agency provided
in tile tenant file, die,
person.
obtain Current
by the tenant to
reason third party
child support
verify current
verificafion was not
amount anti
child support
available.
payment status.
amount and
payment status'
Note: The .PIIA
"lust document in
the tenant file,
the reason third
party verification
was not available.
Unemployment
Use of computer
The PHA mails,
The PI-JA may call
The PHA may
The PIIA may accept
Benefits
matching
faxes, or 0-mails
tile State Wage
review in
a notarized statement
agreements with a
a verification
Information
original benefit
or affidavit from the
Mate Wage
forin directly to
Collection Agency
notice or
tellailt that declares
information
the State Wage
to obtain Otlffimt
unemployment
unemployment
Collection Agency
Information
benefit amount.
clieck stub, or
benefits. Note: The
to obtain
Collection
printout from the
PHA mast document
unemployment
Agency to obtain
local State Wage
in the tenant file, tile
compensation
unemployment
Information
reason third party
electronically, by
compensation
Collection
verification was not
mail or fax or in
information.
Agency provided
available.
person.
by the tenant.
Note; Tice PIIA
Use of If UD
must document in
systclus, when
the tenant file,
available.
the reason third
party verification
was not available.
Pension,;
U30 of computer
The PHA Mails,
The PIIA may call
The PHA may
'file PIIA may accept
matching
faxes, or e-mails
tile pension prov idor
review an
a notarized statement
agreements with a
a verification
to obtain current
original bone -fit
or -affidavit from the
Federal, State, or
form directly to
benefit amount.
notice from the
tenant that declares
Local Government
the pension
persionprovider
monthly pension
Agency to obtain
provider to obtain
provided by the
amounts. Note: The
pension information
pension
tenant. Note-
PIIA it document
electronically, by
information.
The PIIA must
ili tile tenant file, the
mail or fax or in
document. in the
reason third party
person.
tenant file, the
Verification was not
reason third party
available.
verification was
not available.
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DRAFT
Baldwin Park Housing Authority Administrative Plan1212006
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(L
� V
The PHA may
The .PHA may accept.
Assets
Use of coopenative
The PHA mails,
The PI-TA may call
agreements with
faxes, or emails a
the source to obtain
review original
a notarized statement
sources to obtain
Verification for-111
asset and asset.
documents
or affidavit from tile
asset and asset
directly to the
income informatiorL
provided by the
tenant that declares
income information
source to obtain
tenant. Note- The
assets and asset
electronically, by
asset and asset
PHA must
income. Note: The
mail or fax or in
income
document in the
PHA must doruinent
pol-901).
information.
tenant file, the
in tile tenant file, tile
reason third
reAsun. third Party
Party
Verification was not
verification was
available.
not available.
Comments
Whenever IIUD
Note: The
The PHA should
The 1111A should use
makes available
independent
document in the
this verification
wage,
source completes
tenant file, the date
method as a last
unemployment, and
the form and
and time of the
resort, when all other
SSA information,
returns the form
teleplione call or in
verification methods
tlie.PIIA should use
directly to the
person visit, along
are not possible or
the information as
PHA. Agency.
with thename and
have been
part of the
The tenant should
title of the person
1"Iskiocessful.
reexamination
not hand carry
that verified the
Notarized statement
process. Failure to
documents to or
current income
should include a
do so may result in
from the
amount.
perjury penalty
disallowed oost3
independent
Statement.
during a RIM
review.
.Icatioll costs along to the parlicip, t.
Note: The PEA inlist not pass verif- in
Note: hi cases where the PHA caiiiiol reliably project annual incoiiie, the PHA rtiay elect to complete
regitlar inter-irn reexallifilations this policyshoLild be apart of the PITA's written policies.)
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DRAFT
EXHIBIT 7 -2: SUMMARY OF DOCUMENTATION REQUIREMENTS
FOR NONCITIZENS [HCV GB, PP. 5 -9 and 5 -101
• All noncitizens claiming eligible status must sign a declaration of eligible immigrant
status on a form acceptable to the PHA.
• Except for persons 62 or older, all noncitizens must sign a verification consent form
• Additional documents are required based upon the person's status.
Elderly Noncitizens
• A person 62 years of age or older who claims eligible immigration status also must
provide proof of age such as birth certificate,
passport, or documents showing
receipt of SS old -age benefits.
All other Noncitizens
• Noncitizens that claim eligible immigration status also must present the applicable
USCIS document. Acceptable USCIS documents are listed below.
• Form 1 -551 Alien Registration Receipt
Form 1 -94 Arrival - Departure Record
Card (for permanent resident aliens)
with no annotation accompanied by:
• Form 1 -94 Arrival - Departure Record
• A final court decision granting
annotated with one of the following:
asylum (but only if no appeal is
taken);
• Admitted as a Refugee Pursuant to
Section 207"
• A letter from a USCIS asylum officer
granting asylum (if application is
• "Section 208" or "Asylum"
filed on or after 10/1 /90) or from a
USCIS district director granting
• Section 243(h) or Deportation
asylum (application filed before
stayed by Attorney General"
1011190);
• "Paroled Pursuant to Section 221
• A court decision granting
(d)(5) of the USCIS"
withholding of deportation; or
A letter from an asylum officer
granting withholding or deportation
(if application filed on or after
10/1/90).
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• Form 1 -688 Temporary Resident Card
annotated "Section 245A" or Section
210 ".
Form 1 -688B Employment Authorization
Card annotated "Provision of Law 274a.
12(11)" or "Provision of Law 274x.12 ".
• A receipt issued by the USCIS indicating that an application for issuance of a
replacement document in one of the above fisted categories has been made and the
applicant's entitlement to the document has been verified; or
Other acceptable evidence. If other documents are determined by the USCIS to
constitute acceptable evidence of eligible immigration status, they will be announced
by notice published in the Federal Register
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Chapter 8
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS
DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.5071
INTRODUCTION
HUD requires that all units occupied by families receiving Housing Choice Voucher
(HCV) assistance meet HUD's Housing Quality Standards (HQS) and permits the PHA
to establish additional requirements. The use of the term "HQS" in this plan refers to the
combination of both HUD and PHA - established requirements. HQS inspections are
required before the Housing Assistance Payments (HAP) Contract is signed and at least
annually during the term of the contract.
HUD also requires PHAs to determine that units rented by families assisted under the
HCV program have rents that are reasonable when compared to comparable
unassisted units in the market area.
This chapter explains HUD and PHA requirements related to housing quality and rent
reasonableness as follows:
Part I. Physical Standards. This part discusses the physical standards required of
units occupied by HCV - assisted families and identifies decisions about the ,
acceptability of the unit that may be made by the family based upon the family's
preference. It also identifies life- threatening conditions that must be addressed
on an expedited basis.
Part II. The Inspection Process. This part describes the types of inspections the
PHA will make and the steps that will be taken when units do not meet HQS.
Part III. Rent Reasonableness Determinations. This part discusses the policies
the PHA will use to make rent reasonableness determinations.
Special HQS requirements for homeownership, manufactured homes, and other special
housing types are discussed in Chapter 15 to the extent that they apply in this
jurisdiction.
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PART I: PHYSICAL STANDARDS
8.I.A. GENERAL HUD REQUIREMENTS
HUD Performance and Acceptability Standards
HUD's performance and acceptability standards for HCV- assisted housing are provided
in 24 CFR 982.401. These standards cover the following areas:
Sanitary facilities
• Food preparation and refuse disposal
Space and Security
Thermal Environment
Illumination and electricity
Structure and materials
Interior Air Quality
Water Supply
Lead -based paint
Access
Site and neighborhood
Sanitary condition
• Smoke Detectors
A summary of HUD performance criteria is provided in Attachment 8 -1. Additional
guidance on these requirements is found in the following HUD resources:
Housing Choice Voucher Guidebook, Chapter 10.
HUD Housing Inspection Manual for Section 8 Housing
HUD Inspection Form, form HUD -52580 (3101) and Inspection Checklist,
form HUD - 52580 -A (9/00)
HUD Notice 2003 -31, Accessibility Notice: Section 504 of the
Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the
Architectural Barriers Act of 1968 and the Fair Housing Act of 1988.
Tenant Preference Items
HUD requires the PHA to enforce minimum HQS but also requires that certain
judgments about acceptability be left to the family. For example, the PHA must ensure
that the unit contains the required sanitary facilities, but the family decides whether the
cosmetic condition of the facilities is acceptable. Attachment 8 -2 summarizes those
items that are considered tenant preferences.
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Modifications to Provide Accessibility
Under the Fair Housing Act of 1988 an owner must not refuse the request of a family
that contains a person with a disability to make necessary and reasonable modifications
to the unit. Such modifications are at the family's expense. The owner may require
restoration of the unit to its original condition if the modification would interfere with the
owner or next occupant's full enjoyment of the premises. The owner may not increase a
customarily required security deposit. However, the landlord may negotiate a restoration
agreement that requires the family to restore the unit and, if necessary to ensure the
likelihood of restoration, may require the tenant to pay a reasonable amount into an
interest bearing escrow account over a reasonable period of time. The interest in any
such account accrues to the benefit of the tenant. The owner may also require
reasonable assurances that the quality of the work will be acceptable and that any
required building permits will be obtained.[24 CFR 100.203; Notice 2003 -31].
Modifications to units to provide access for a person with a disability must meet all
applicable HQS requirements and conform to the design, construction, or alteration of
facilities contained in the UFAS and the ADA Accessibility Guidelines (ADAAG) [28 CFR
35.151(c) and Notice 2003 -31] See Chapter 2 of this plan for additional information on.
reasonable accommodations for persons with disabilities.
Extensions for repair items not required by HQS will be granted for
modifications /adaptations to the unit if agreed to by the tenant and landlord. PHA will
allow execution of the HAP contract if unit meets all requirements and the modifications
do not affect the livability of the unit.
8.1.13. ADDITIONAL LOCAL REQUIREMENTS
The PHA may impose additional quality standards as long as the additional criteria are
not likely to adversely affect the health or safety of participant families or severely
restrict housing choice. HUD approval is required if more stringent standards are
imposed. HUD approval is not required if the PHA additions are clarifications of HUD's
acceptability criteria or performance standards [24 CFR 982.40'1(a)(4)].
State and Local Codes
The property must meet State and Local Codes
Thermal Environment [HCV GB p.10 -7]
The heating system must be operable.
Clarifications of HUD Requirements
As permitted by HUD, the PHA has adopted the following specific requirements that
elaborate on HUD standards.
Walls
In areas where plaster or drywall is sagging, severely cracked, or
otherwise damaged, it must be repaired or replaced.
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Windows
Window sashes/frames must be in good condition, solid and intact, and
properly fitted to the window frame. Damaged or deteriorated
sashes/frames must be replaced.
Windows must be weather - stripped as needed to ensure a weather -tight
seal.
Doors
All exterior doors must be weather -tight to avoid any air or water
infiltration, be lockable, have no holes, have all trim intact, and have a
threshold.
All interior doors must have no holes, have all trim intact, and be openable
without the use of a key.
Floors
All wood floors must be sanded to a smooth surface and sealed. Any
loose or warped boards must be resecured and made level. If they cannot
be leveled, they must be replaced.
All floors must be in a finished state.
All floors should have some type of baseshoe, trim, or sealing for a
"finished look." Vinyl baseshoe is permitted.
Sinks
All sinks and commode water lines must have shut off valves, unless
faucets are wall mounted.
All worn or cracked toilet seats and tank lids must be replaced and toilet
tank lid must fit properly.
Security
If window security bars or security screens are present on emergency exit
windows, they must be equipped with a quick release system. The owner
is responsible for ensuring that the family is instructed on the use of the
quick release system.
Bedrooms
Bedrooms in basements or attics are not allowed unless they meet local
code requirements and must have adequate ventilation and emergency
exit capability.
8.I.C. LIFE THREATENING CONDITIONS [24 CFR 982.404(a)]
HUD requires the PHA to define life threatening conditions and to notify the owner or
the family (whichever is responsible) of the corrections required. The responsible party
must correct life threatening conditions within 24 hours of PHA notification.
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The following are considered life threatening conditions:
Any condition that jeopardizes the security of the unit
Major plumbing leaks or flooding, waterlogged ceiling or floor in imminent
danger of falling
Natural or LPgas or fuel oil leaks
Any electrical problem or condition that could result in shock or fire
Absence of a working heating system on a case -by -case basis due to
health related issues.
Utilities not in service, including no running hot water
Conditions that present the imminent possibility of injury
Obstacles that prevent safe entrance or exit from the unit
Absence of a functioning toilet in the unit
Inoperable smoke detectors
Broken glass where someone could be injured
If an owner fails to correct life threatening conditions as required by the PHA, the
housing assistance payment will be abated and the HAP contract will be terminated.
See 8 -II -0.
If a family fails to correct a family caused life threatening condition as required by the
PHA, the PHA may terminate the family's assistance. See 8 -II.H.
The owner will be required to repair an inoperable smoke detector unless the PHA
determines that the family has intentionally disconnected it (by removing batteries or
other means). In this case, the family will be required to repair the smoke detector within
24 hours.
8 -I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.4041
Family Responsibilities
The family is responsible for correcting the following HQS deficiencies:
• Tenant -paid utilities not in service
• Failure to provide or maintain family- supplied appliances
Damage to the unit or premises caused by a household member or guest beyond
normal wear and tear. "Normal wear and tear" is defined as items which could
not be charged against the tenant's security deposit under state law or court
practice.
Owner Responsibilities
The owner is responsible for all HQS violations not listed as a family responsibility
above, even if the violation is caused by the family's living habits (e.g., vermin
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infestation). However, if the family's actions constitute a serious or repeated lease
violation the owner may take legal action to evict the family.
8 -1 -E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ENVIRONMENTAL
INTERVENTION BLOOD LEAD LEVEL [24 CFR 35.1225]
If a PHA is notified by a public health department or other medical health care provider,
or verifies information from a source other than a public health department or medical
health care provider, that a child of less than 6 years of age, living in an HCV- assisted
unit has been identified as having an environmental intervention blood lead level, the
PHA must complete a risk assessment of the dwelling unit. The risk assessment must
be completed in accordance with program requirements, and the result of the risk
assessment must be immediately provided to the owner of the dwelling unit. In cases
where the public health department has already completed an evaluation of the unit, this
information must be provided to the owner.
Within 30 days after receiving the risk assessment report from the PHA, or the
evaluation from the public health department, the owner is required to complete the
reduction of identified lead -based paint hazards in accordance with the lead -based paint
regulations [24 CFR 35.1325 and 35.13301. If the owner does not complete the "hazard
reduction" as required, the dwelling unit is in violation of HQS and the PHA will take
action in accordance with Section 8 -II.G.
PHA reporting requirements, and data collection and record keeping responsibilities
related to children with an environmental intervention blood lead level are discussed in
Chapter 16.
8 -I -F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.403]
If the PHA determines that a unit does not meet the HQS space standards because of
an increase in family size or a change in family composition, the PHA must issue the
family a new voucher, and the family and PHA must try to find an acceptable unit as
soon as possible. If an acceptable unit is available for rental by the family, the PHA
must terminate the HAP contract in accordance with its terms.
PART II: THE INSPECTION PROCESS
8 -II.A. OVERVIEW [24 CFR 982.405]
Types of Inspections
The PHA conducts the following types of inspections as needed. Each type of
inspection is discussed in the paragraphs that foliow.
• Initial Inspections. The PHA conducts initial inspections in response to a request
from the family to approve a unit for participation in the HCV program. The unit
must pass the HQS inspection before the effective date of the HAP Contract.
• Annual Inspections. HUD requires the PHA to inspect each unit under lease at
least annually to confirm that the unit still meets HQS. The inspection may be
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conducted in conjunction with the family's annual reexamination but also may be
conducted separately.
• Special Inspections. A special inspection may be requested by the owner, the
family, or a third party as a result of problems identified with a unit between
annual inspections.
• Quality Control Inspections. HUD requires that a sample of units be reinspected
by a supervisor or other qualified individual to ensure that HQS are being
enforced correctly and uniformly by all inspectors.
Inspection Costs
The PHA may not charge the family or owner for unit inspections [24 CFR 982.405(e)].
Notice and Scheduling
The family must allow the PHA to inspect the unit at reasonable times with reasonable
notice [24 CFR 982.551(d)].
Both the family and the owner will be given reasonable notice of all inspections. Except
in the case of a life- threatening emergency, reasonable notice is considered to be not
less than 24 hours. Inspections may be scheduled between 8:00 a.m. and 4:30 p.m.
Inspections will be conducted on business days, and Fridays as necessary. In the case
of a life threatening emergency, the PHA will give as much notice as possible, given the
nature of the emergency.
Attendance at inspections by owner and family.
The family and the owner are encouraged to be present at the time of the inspection.
However, an adult representative of the tenant or the owner is acceptable. The
inspection will not be conducted without the presence of an adult.
8 -II.113. INITIAL HQS INSPECTION [24 CFR 982.401(a)]
Timing of Initial Inspections
The PHA will complete the initial inspection, determine whether the unit satisfies HQS,
and notify the owner and the family of the determination within 15 days of submission of
the Request for Tenancy Approval (RTA).
Inspection Results and Reinspections
If any HQS violations are identified, the owner will be notified of the deficiencies in
writing and be given a time frame to correct them. If requested by the owner, the time
frame for correcting the deficiencies may be extended by the PHA for good cause. The
PHA will reinspect the unit within 5 business days of the date the owner notifies the
PHA that the required corrections have been made.
If the time period for correcting the deficiencies (or any PHA - approved extension) has
elapsed, or the unit fails HQS at the time of the reinspection, the PHA will notify the
owner and the family that the unit has been rejected and that the family must search for
another unit. The PHA may agree to conduct a second reinspection, for good cause, at
the request of the family and owner.
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Following a failed reinspection, the family may submit a new Request for Tenancy
Approval for the unit if the family has not found another unit by the time the owner
completes all repairs and the family continues to wish to live in the unit.
Utilities
Utility services must be available for testing at the time of the initial inspection, the PHA
will allow the utilities to be placed in service after the unit has met all other HQS
requirements. The PHA will reinspect the unit to confirm that utilities are operational
before the HAP contract is executed by the PHA.
Appliances
If the family is responsible for supplying the stove and/or refrigerator, the PHA will allow
the stove and refrigerator to be placed in the unit after the unit has met all other HQS
requirements. The required appliances must be in place before the HAP contract is
executed by the PHA.
8.II.C. ANNUAL HQS INSPECTIONS [24 CFR 982.405(a)]
Scheduling the Inspection
Each unit under HAP contract must have an annual inspection no more than 12 months
after the most recent inspection.
The family will be allowed to reschedule the inspection only if no adult member will be
available on the date of the inspection due to employment, school, or any other good
cause relating to the family's health and safety. The PHA must receive the request in
writing stating the reason for rescheduling the inspection. The PHA and family will agree
on a new inspection date that generally should take place within 5 business days of the
originally - scheduled date. The PHA may schedule an inspection more than 5 business
days after the original date for good cause.
If the family misses the first scheduled appointment without requesting a new inspection
date, the PHA will automatically schedule a second inspection. If the family misses two
scheduled inspections without PHA approval, the PHA will consider the family to have
violated its obligation to make the unit available for inspection. This may result in
termination of the family's assistance in accordance with Chapter 12.
8 -II.D. SPECIAL INSPECTIONS [HCV GB p. 10 -30]
The PHA will conduct a special inspection if the owner, family, or another source reports
HQS violations in the unit.
During a special inspection, the PHA generally will inspect only those deficiencies that
were reported. However, the inspector will record any additional HQS deficiencies that
are observed and will require the responsible party to make the necessary repairs.
If the annual inspection has been scheduled or is due within 90 days of the date the
special inspection is scheduled the PHA may elect to conduct a full annual inspection.
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8 -II.E, QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b), HCV GB p. 10 -32]
HUD requires a PHA supervisor or other qualified person to conduct quality control
inspections of a sample of units to ensure that each inspector is conducting accurate
and complete inspections and that there is consistency in the application of the HQS.
The unit sample must include only units that have been inspected within the preceding 3
months. The selected sample will include (1) each type of inspection (initial, annual, and
special), (2) inspections completed by each inspector, and (3) units from a cross - section
of neighborhoods.
8.II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER HAP
CONTRACT
Notification of Corrective Actions
The owner and the family will be notified in writing of the results of all inspections. When
an inspection identifies HQS failures, the PHA will determine (1) whether or not the
failure is a life threatening condition and (2) whether the family or owner is responsible.
When life threatening conditions are identified, the PHA will immediately notify both
parties by telephone, facsimile, or email. The notice will specify who is responsible for
correcting the violation. The corrective actions must be taken within 24 hours of the
PHA's notice.
When failures that are not life threatening are identified, the PHA will send the owner
and the family a written notification of the inspection results within 5 business days of
the inspection. The written notice will specify who is responsible for correcting the
violation, and 30 days will be allowed for the correction.
The notice of inspection results will inform the owner that if life threatening conditions
are not corrected within 24 hours, and non -life threatening conditions are not corrected
within the specified time frame (or any PHA - approved extension), the owner's HAP will
be abated in accordance with PHA policy (see 8- II.G.). Likewise, in the case of family
caused deficiencies, the notice will inform the family that if corrections are not made
within the specified time frame (or any PHA - approved extension, if applicable) the
family's assistance will be terminated in accordance with PHA policy (see Chapter 12).
Extensions
For conditions that are life threatening, the PHA cannot grant an extension to the 24
hour corrective action period. For conditions that are not life threatening, the PHA may
grant an exception to the required time frames for correcting the violation, if the PHA
determines that an extension is appropriate [24 CFR 982.404].
Extensions will be granted in cases where the PHA has determined that the owner has
made a good faith effort to correct the deficiencies and is unable to for reasons beyond
the owner's control. Reasons may include, but are not limited to:
A repair cannot be completed because required parts or services are not
available.
A repair cannot be completed because of weather conditions.
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A reasonable accommodation is needed because the family includes a person with
disabilities.
The length of the extension will be determined on a case -by -case basis, but will not
exceed 60 days, except in the case of delays caused by weather conditions. In the case
of weather conditions, extensions may be continued until the weather has improved
sufficiently to make repairs possible. The necessary repairs must be made within 15
calendar days, once the weather conditions have subsided.
Reinspections
The PHA will conduct a reinspection immediately following the end of the corrective
period, or any PHA approved extension.
The family and owner will be given reasonable notice of the reinspection appointment. If
the deficiencies have not been corrected by the time of the reinspection, the PHA will
send a notice of abatement to the owner, or in the case of family caused violations, a
notice of termination to the family, in accordance with PHA policies. If the PHA is unable
to gain entry to the unit in order to conduct the scheduled reinspection, the PHA will
consider the family to have violated its obligation to make the unit available for
inspection. This may result in termination of the family's assistance in accordance with
Chapter 12.
The Housing Inspector may accept written or verbal confirmation for non -life threatening
corrections on a case -by -case basis.
8.II.G. ENFORCING OWNER COMPLIANCE
If the owner fails to maintain the dwelling unit in accordance with HQS, the PHA must
take prompt and vigorous action to enforce the owner obligations.
HAP Abatement
If an owner fails to correct HQS deficiencies by the time specified by the PHA, HUD
requires the PHA to abate housing assistance payments no later than the first of the
month following the specified correction period (including any approved extension) [24
CFR 985.3(f)]. No retroactive payments will be made to the owner for the period of time
the rent was abated. Owner rents are not abated as a result of HQS failures that are the
family's responsibility.
The PHA will make all HAP abatements effective the first of the month following the
expiration of the PHA specified correction period (including any extension).
The PHA will inspect abated units within 5 business days of the owner's notification that
the work has been completed. Payment will resume effective on the day the unit passes
inspection.
During any abatement period the family continues to be responsible for its share of the
rent. The owner must not seek payment from the family for abated amounts and may
not use the abatement as cause for eviction.
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HAP Contract Termination
The PHA must decide how long any abatement period will continue before the HAP
contract will be terminated. The PHA should not terminate the contract until the family
finds another unit, provided the family does so in a reasonable time [HCV GB p. 10 -29]
and must give the owner reasonable notice of the termination. The PHA will issue a
voucher to permit the family to move to another unit as described in Chapter 10.
The maximum length of time that a HAP may be abated is 60 days. However, if the
owner completes corrections and notifies the PHA before the termination date of the
HAP contract, the PHA may rescind the termination notice if (1) the family still resides in
the unit and wishes to remain in the unit and (2) the unit passes inspection.
Reasonable notice of HAP contract termination by the PHA is 30 days.
8.11I.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(b)]
Families are responsible for correcting any HQS violations listed in paragraph 8.I.D. If
the family fails to correct a violation within the period allowed by the PHA (and any
extensions), the PHA will terminate the family's assistance, according to the policies
described in Chapter 12.
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 PHA 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.
8- III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED
Owner - initiated Rent Determinations
The PHA 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 PHA will assist the family
with the negotiations upon request. At initial occupancy, the PHA 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
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HQS inspection have been corrected. Rent increases will also not be approved during
a 90 -day to vacate period.
After the initial occupancy period (12- months), the owner may request a rent adjustment
in accordance with the owner's lease. For rent increase requests after initial lease -up,
the PHA may request owners to provide information about the rents charged for other
units on the premises, if the premises include more than 4 units. In evaluating the
proposed rents in comparison to other units on the premises the PHA will consider unit
size and length of tenancy in the other units.
The PHA will determine whether the requested increase is reasonable within 15
business days of receiving the request from the owner. The owner will be notified of the
determination in writing.
All rents adjustments will be effective the first of the month following 60 days after the
PHA's receipt of the owner's request or on the date specified by the owner, whichever is
later.
PHA- and HUD - Initiated Rent Reasonableness Determinations
HUD requires the PHA to make a determination of rent reasonableness (even if the
owner has not requested a change) if there is a 5 percent decrease in the Fair Market
Rent that goes into effect at least 60 days before the contract anniversary date. HUD
also may direct the PHA to make a determination at any other time. The PHA may
decide that a new determination of rent reasonableness is needed at any time.
In addition to the instances described above, the PHA will make a determination of rent
reasonableness at any time after the initial occupancy period if: (1) the PHA determines
that the initial rent reasonableness determination was in error or (2) the PHA 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 PHAs to take into consideration the factors listed below when determining
rent comparability. The PHA may use these factors to make upward or downward
adjustments to the rents of comparison units when the units are not identical to the
HCV- 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 the original construction,
maintenance and improvements made.
• Amenities, services, and utilities included in the rent
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EXHIBIT 8 -1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS
Note: This document provides an overview of HQS. For more detailed information see
the following documents:
24 CFR 982.401, Housing Quality Standards (HQS)
Housing Choice Voucher Guidebook, Chapter 10.
HUD Housing Inspection Manual for Section 8 Housing
• HUD Inspection Form, form HUD -52580 (3101) and Inspection Checklist, form
HUD - 52580 -A (9100)
Sanitary Facilities
The dwelling unit must include sanitary facilities within the unit. The sanitary facilities
must be usable in privacy and must be in proper operating condition and adequate for
personal cleanliness and disposal of human waste.
Food Preparation and Refuse Disposal
The dwelling unit must have space and equipment suitable for the,family to store,
prepare, and serve food in a sanitary manner.
Space and Security
The dwelling unit must provide adequate space and security for the family. This includes
having at least one bedroom or living /sleeping room for each two persons.
Thermal Environment
The unit must have a safe system for heating the dwelling unit. Air conditioning is not
required but if provided must be in proper operating condition. The dwelling unit must
not contain unvented room heaters that burn gas, oil, or kerosene. Portable electric
room heaters or kitchen stoves with built -in heating units are not acceptable as a
primary source of heat for units located in climatic areas where permanent heat systems
are required.
Illumination and Electricity
Each room must have adequate natural or artificial illumination to permit normal indoor
activities and to support the health and safety of occupants. The dwelling unit must have
sufficient electrical sources so occupants can use essential electrical appliances.
Minimum standards are set for different types of rooms. Once the minimum standards
are met, the number, type and location of electrical sources are a matter of tenant
preference.
Structure and Materials
The dwelling unit must be structurally sound. Handrails are required when four or more
steps (risers) are present, and protective railings are required when porches, balconies,
and stoops are thirty inches or more off the ground. The elevator servicing the unit must
be working [if there is one]. Manufactured homes must have proper tie -down devices
capable of surviving wind loads common to the area.
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Interior Air Quality
The dwelling unit must be free of air pollutant levels that threaten the occupants' health.
There must be adequate air circulation in the dwelling unit. Bathroom areas must have
one openable window or other adequate ventilation. Any sleeping room must have at
least one window. If a window was designed to be opened, it must be in proper working
order.
Water Supply
The dwelling unit must be served by an approved public or private water supply that is
sanitary and free from contamination. Plumbing fixtures and pipes must be free of leaks
and threats to health and safety.
Lead -Based Paint
Lead -based paint requirements apply to dwelling units built prior to 1978 that are
occupied or can be occupied by families with children under six years of age, excluding
zero bedroom dwellings. Owners must:
• Disclose known lead -based paint hazards to prospective tenants before the lease
is signed,
• provide all prospective families with "Protect Your Family from Lead in Your.
Home ",
Stabilize deteriorated painted surfaces and conduct hazard reduction act. ivities
when identified by the PHA
• Notify tenants each time such an activity is performed
• Conduct all work in accordance with HUD safe practices
• As part of ongoing maintenance ask each family to report deteriorated paint.
For units occupied by environmental intervention blood lead level (lead poisoned)
children under six years of age, a risk assessment must be conducted (paid for by the
PHA). If lead hazards are identified during the risk assessment, the owner must
complete hazard reduction activities.
See HCV GB p. 10 -15 for a detailed description of these requirements. For additional
information on lead -based paint requirements see 24 CFR 35, Subparts A, B, M, and R.
Access
Use and maintenance of the unit must be possible without unauthorized use of other
private properties. The building must provide an alternate means of exit in case of fire.
Site and Neighborhood
The site and neighborhood must be reasonably free from disturbing noises and
reverberations, excessive trash or vermin, or other dangers to the health, safety, and
general welfare of the occupants.
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Sanitary Condition
The dwelling unit and its equipment must be in sanitary condition and free of vermin and
rodent infestation. The unit must have adequate barriers to prevent infestation.
Smoke Detectors
Smoke detectors must be installed in accordance with and meet the requirements of the
National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If
the dwelling unit is occupied by any person with a hearing impairment, smoke detectors
must have an appropriate alarm system as specified in NFPA 74 (or successor
standards).
Hazards and Heath /Safety
The unit, interior and exterior common areas accessible to the family, the site, and the
surrounding neighborhood must be free of hazards to the family's health and safety.
EXHIBIT 8 -2: SUMMARY OF TENANT PREFERENCE AREAS
RELATED TO HOUSING QUALITY
Note: This document provides an overview of unit and site characteristics and
conditions for which the family determines acceptability. For more detailed information
see the following documents:
Housing Choice Voucher Guidebook, Chapter 10.
• HUD Housing Inspection Manual for Section 8 Housing
• HUD Inspection Form, form HUD -52580 (3101) and Inspection Checklist, form
HUD - 52580 -A (9100)
Provided the minimum housing quality standards have been met, HUD permits the
family to determine whether the unit is acceptable with regard to the following
characteristics.
• Sanitary Facilities. The family may determine the adequacy of the cosmetic
condition and quality of the sanitary facilities, including the size of the lavatory,
tub, or shower; the location of the sanitary facilities within the unit, and the
adequacy of the water heater.
• Food Preparation and Refuse Disposal. The family selects size and type of
equipment it finds acceptable. When the family is responsible for supplying
cooking appliances, the family may choose to use a microwave oven in place of
a conventional oven, stove, or range. When the owner is responsible for
providing cooking appliances, the owner may offer a microwave oven in place of
an oven, stove, or range only if other subsidized and unsubsidized units on the
premises are furnished with microwave ovens only. The adequacy of the amount
and type of storage space, the cosmetic conditions of all equipment, and the size
and location of the kitchen are all determined by the family.
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• Space and Security. The family may determine the adequacy of room sizes and
room locations. The family is also responsible for deciding the acceptability of the
type of door and window locks,
• Energy conservation items. The family may determine whether the amount of
insulation, presence of absence of storm doors and windows and other energy
conservation items are acceptable.
• Illumination and Electricity. The family may determine whether the location and
the number of outlets and fixtures (over and above those required to meet HQS
standards) are acceptable or if the amount of electrical service is adequate for
the use of appliances, computers, or stereo equipment.
(6) Structure and Materials. Families may determine whether minor defects, such as
lack of paint, or worn flooring or carpeting will affect the livability of the unit.
(7) lndoorAir. Families may determine whether window and door screens, filters, fans,
or other devices for proper ventilation are adequate to meet the family's needs.
However, if screens are present they must be in good condition.
(8) Sanitary Conditions. The family determines whether the sanitary conditions in the
unit, including minor infestations, are acceptable.
(9) Neighborhood conditions. Families may determine whether neighborhood conditions
such as the presence of drug activity, commercial enterprises, and convenience to
shopping will affect the livability of the unit.
Families have no discretion with respect to lead -based paint standards and smoke
detectors.
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Chapter 9
GENERAL LEASING POLICIES
INTRODUCTION
Chapter 9 covers the lease -up process from the family's submission of a Request for
Tenancy Approval to execution of the HAP contract.
In order for the PHA 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 PHA 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 PHA 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 t24 CFR
982.305(a)]
• The owner must be an eligible owner, approvable by the PHA, with no conflicts of
interest [24 CFR 982.305]
• For families initial! y leasing a unit only: 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 PHA 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 owner is responsible for screening and selection of the family to occupy the owner's
unit. At or before PHA approval of the tenancy, the PHA must inform the owner that
screening and selection for tenancy is the responsibility of the owner [24 CFR
982.307(a)(2)].
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The PHA must provide the owner with:
the family's current and prior address (as shown in the PHA records); and
• the name and address (if known to the PHA) of the landlord at the family's
current and prior address. [24 CFR 982.307 (b)(1)].
The PHA is permitted, but not required, to offer the owner other information in the PHA's
possession about the family's tenancy [24 CFR 982.307(b)(2)].
If requested to, the PHA may provide the following information, based on documentation
in its possession:
• Eviction History
Damage to rental units
Other aspects of tenancy history
• Drug trafficking by family members
The PHA's policy on providing information to the owner must be included in the family's
briefing packet [24 CFR 982.307(b)(3)].
9 -I.B. 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 PHA to approve the assisted tenancy in the selected unit.
The owner and the family must submit two documents to the PHA:
Completed Request for Tenancy Approval (RFTA) — Form HUD -52517
Copy of the proposed lease, including the HUD - prescribed Tenancy Addendum —
Form HUD-52641 -A
The RFTA 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 PHA 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 between the prior rent and the proposed rent.
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Owners must certify that they are not the parent, child, grandparent, grandchild, sister or
brother of any member of the family, unless the PHA 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 1 978, owners must either 1) certify that the unit, common
areas, and exterior have been found to be free of lead -based paint by a certified
inspector; or 2) attach a lead -based paint disclosure statement.
Both the RFTA and the proposed lease must be submitted no later than the expiration
date stated on the voucher. [HCV GB p.8 -15].
The RFTA must be signed by both the family and the owner.
The owner may submit the RFTA on behalf of the family.
Completed RFTA (including the proposed dwelling lease) must be submitted as hard
copies, in- person, by mail or by fax.
The family may submit, and the PHA will process, more than one (1) RFTA at a time. If
both units pass HQS and are approved, the PHA will contact the owner of the unit not
selected by the family and provide him a list of other families seeking a unit.
When the family submits the RFTA the PHA will review the RFTA for completeness.
If the RFTA is incomplete (including lack of signature by family, owner, or both), or if the
dwelling lease is not submitted with the RFTA, the PHA will notify the family and the
owner of the deficiencies.
Missing information and/or missing documents will only be accepted as hard copies, in-
person or by mail. The PHA will not accept missing information over the phone.
When the family submits the RFTA and proposed lease, the PHA will also review the
terms of the RFTA for consistency with the terms of the proposed lease.
If the terms of the RFTA are not consistent with the terms of the proposed lease, the
PHA will notify the family and the owner of the discrepancies.
Corrections to the terms of the RFTA and/or the proposed lease will only be accepted
as hard copies, in- person or by mail. The PHA will not accept corrections by phone.
Because of the time sensitive nature of the tenancy approval process, the PHA will
attempt to communicate with the owner and family by phone, fax, or email. The PHA will
use mail when the parties can't be reached by phone, fax, or email.
9 -I.C. OWNER PARTICIPATION
The PHA does not formally approve an owner to participate in the HCV program.
However, there are a number of criteria where the PHA may deny approval of an
assisted tenancy based on past owner behavior, conflict of interest, or other owner -
related issues. No owner has a right to participate in the HCV program [24 CFR
982.306(e)]
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See Chapter 13 for a full discussion of owner qualification to participate in the HCV
program.
9 -I.D. ELIGIBLE UNITS
There are a number of criteria that a dwelling unit must meet in order to be eligible for
assistance under the voucher program. Generally, a voucher - holder family may choose
any available rental dwelling unit on the market in the PHA's jurisdiction. This includes
the dwelling unit they are currently occupying.
The BPHA's jurisdiction includes the cities of Baldwin Park, El Monte, South El Monte,
Monrovia and West Covina.
Ineligible Units [24 CFR 982.352(x)]
The PHA may not assist a unit under the voucher program if the unit is a public housing
or Indian housing unit; a unit receiving project -based assistance under section 8 of the
1937 Act (42 U.S.C. 1437f); nursing homes, board and care homes, or facilities
providing continual psychiatric, medical; or nursing services; college or other school
dormitories; units on the grounds of penal, reformatory, medical, mental, and similar
public or private institutions; a unit occupied by its owner or by a person with any
interest in the unit.
PHA -Owned Units [24 CFR 982.352(b)]
The PHA does not have any eligible PHA -owned units available for leasing under the
voucher program.
Special Housing Types [24 CFR 982 Subpart M]
HUD regulations permit, but do not generally require, the PHA to permit families to use
voucher assistance in a number of special housing types in accordance with the specific
requirements applicable to those programs. These special housing types include single
room occupancy (SRO) housing, congregate housing, group home, shared housing,
manufactured home space (where the family owns the manufactured home and leases
only the space), cooperative housing and homeownership option. See Chapter 15 for
specific information and policies on any of these housing types that the PHA has
chosen to allow.
The regulations do require the PHA to permit use of any special housing type if needed
as a reasonable accommodation so that the program is readily accessible to and usable
by persons with disabilities.
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Duplicative Assistance [24 CFR 982.352(c)]
A family may not receive the benefit of HCV tenant -based assistance while receiving the
benefit of any of the following forms of other housing subsidy, for the same unit or for a
different unit:
• Public or Indian housing assistance;
• Other Section 8 assistance (including other tenant -based assistance);
• Assistance under former Section 23 of the United States Housing Act of 1937
(before amendment by the Housing and Community Development Act of 1974);
• Section 101 rent supplements;
• Section 236 rental assistance payments;
• Tenant -based assistance under the HOME Program;
• Rental assistance payments under Section 521 of the Housing Act of 1949 (a
program of the Rural Development Administration);
• Any local or State rent subsidy;
• Section 202 supportive housing for the elderly;
• Section 811 supportive housing for persons with disabilities; (11) Section 202
projects for non - elderly persons with disabilities (Section 162 assistance); or
Any other duplicative federal, State, or local housing subsidy, as determined by
HUD. For this purpose, 'housing subsidy' does not include the housing
component of a welfare payment, a social security payment received by the
family, or a rent reduction because of a tax credit.
Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401]
In order to be eligible, the dwelling unit must be in decent, safe and sanitary condition.
This determination is made using HUD's Housing Quality Standards (HQS) and/or
equivalent state or local standards approved by HUD. See Chapter 8 for a full
discussion of the HQS standards, as well as the process for HQS inspection at initial
lease -up.
Unit Size
In order to be eligible, the dwelling unit must be appropriate for the number of persons
in the household. A family must be allowed to lease an otherwise acceptable dwelling
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unit with fewer bedrooms than the number of bedrooms stated on the voucher issued to
the family, provided the unit meets the applicable HQS space requirements [24 CFR
982.402(d)]. The family must be allowed to lease an otherwise acceptable dwelling unit
with more bedrooms than the number of bedrooms stated on the voucher issued to the
family. See Chapter 5 for a full discussion of subsidy standards.
Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]
In order to be eligible, the dwelling unit must have a reasonable rent. The rent must be
reasonable in relation to comparable unassisted units in the area and must not be in
excess of rents charged by the owner for comparable, unassisted units on the premises.
See Chapter 8 for a full discussion of rent reasonableness and the rent reasonableness
determination process.
Rent Burden [24 CFR 982.508]
Where a family is initially leasing a unit and the gross rent of the unit exceeds the
applicable payment standard for the family, the dwelling unit rent must be at a level
where the family's share of rent does not exceed 40 percent of the family's monthly
adjusted income. See Chapter 6 for a discussion of calculation of gross rent, the .use of
payment standards, and calculation of family income, family share of rent and HAP.
9 -I.E. LEASE AND TENANCY ADDENDUM
The family and the owner must execute and enter into a written dwelling lease for the
assisted unit. This written lease is a contract between the tenant family and the owner;
the PHA is not a party to this contract.
The tenant must have legal capacity to enter a lease under State and local law. 'Legal
capacity' means that the tenant is bound by the terms of the lease and may enforce the
terms of the lease against the owner [24 CFR 982.308(x)]
Lease Form and Tenancy Addendum [24 CFR 982.308]
If the owner uses a standard lease form for rental to unassisted tenants in the locality or
the premises, the lease must be in such standard form. If the owner does not use a
standard lease form for rental to unassisted tenants, the owner may use another form of
lease. The HAP contract prescribed by HUD contains the owner's certification that if the
owner uses a standard lease form for rental to unassisted tenants, the lease is in such
standard form.
All provisions in the HUD - required Tenancy Addendum must also be added word -for-
word to the owner's standard lease form, for use with the assisted family. The Tenancy
Addendum includes the tenancy requirements for the program and the composition of
the household as approved by the PHA. As a part of the lease, the tenant shall have the
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right to enforce the Tenancy Addendum against the owner and the terms of the
Tenancy Addendum shall prevail over any other provisions of the lease.
The PHA does not provide a model or standard dwelling lease for owners to use in the
HCV program.
Lease Information [24 CPR 982.308(d)]
The assisted dwelling lease must contain all of the required information as listed below:
• The names of the owner and the tenant:
• The unit rented (address, apartment number, and any other information needed
to identify the contract unit)
• The term of the lease (initial term and any provisions for renewal)
• The amount of the monthly rent to owner
• A specification of what utilities and appliances are to be supplied by the owner,
and what utilities and appliances are to be, supplied by the family
Term of Assisted Tenancy
The initial term of the assisted dwelling lease must be for at feast one year [24 CFR
982.309]. The initial lease term is also stated in the HAP contract. The PHA will
approve an initial lease term of less than one year only when the PHA determines and
can clearly document (i) such shorter term would improve housing opportunities for the
tenant; and (ii) such shorter term is the prevailing market practice.
During the initial term of the lease, the owner may not raise the rent to owner [24 CFR
982.309].
Any provisions for renewal of the dwelling lease will be stated in the dwelling lease
[HCV Guidebook, pg. 8 -22]. There are no HUD requirements regarding any renewal
extension terms, except that they must be in the dwelling lease if they exist.
The PHA may execute the HAP contract even if there is less than one year remaining
from the beginning of the initial lease term to the end of the last expiring funding
increment under the consolidated ACC. [24 CFR 982.309(b)].
Security Deposit [24 CFR 982.313 (a) and (b)]
The PHA will allow the owner to collect any security deposit amount the owner
determines is appropriate, not exceeding the amount required by state law.
Separate Non -Lease Agreements between Owner and Tenant
Owners may not demand or accept any rent payment from the family in excess of the
rent to the owner minus the PHA's housing assistance payments to the owner [24 CFR
982.451(b)(4)].
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The owner may not charge the tenant extra amounts for items customarily included in
rent in the locality, or provided at no additional cost to unsubsidized tenants in the
premises [24 CFR 982.510(c)].
The PHA permits owners and families to execute separate, non -lease agreements for
services, appliances (other than range and refrigerator) and other items that are not
included in the lease.
Any items, appliances, or other services that are customarily provided to unassisted
families as part of the dwelling lease with those families, or are permanently installed in
the dwelling unit must be included in the dwelling lease for the assisted family. These
items, appliances or services cannot be placed under a separate non -lease agreement
between the owner and family. Side payments for additional rent, or for items,
appliances or services customarily provided to unassisted families as part of the
dwelling lease for those families, are prohibited.
Any items, appliances, or other services that are not customarily provided to unassisted
families as part of the dwelling lease with those families, are not permanently installed in
the dwelling unit and where the family has the sole option of riot utilizing the item,
appliance or service, may be included in a separate non -lease agreement between the
owner and the family.
The family is not liable and cannot be held responsible under the terms of the assisted
dwelling lease for any charges pursuant to a separate non -lease agreement between
the owner and the family. Non - payment of any charges pursuant to a separate non -
lease agreement between the owner and the family cannot be a cause for eviction or
termination of tenancy under the terms of the assisted dwelling lease.
Separate non -lease agreements that involve additional items, appliances or other
services may be considered amenities offered by the owner and may be taken into
consideration when determining the reasonableness of the rent for the property.
PHA Review of Lease
The PHA will review the dwelling lease for compliance with all applicable requirements.
If the dwelling lease is incomplete or incorrect, the PHA will notify the family and the
owner of the deficiencies. Missing and corrected lease information will only be accepted
as hard copies, in- person or by mail. The PHA will not accept missing and corrected
information over the phone
Because the initial leasing process is time- sensitive, the PHA will attempt to
communicate with the owner and family by phone, fax, or email. The PHA will use mail
when the parties can't be reached by phone, fax, or email.
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r: =.a1
9 -I.F. TENANCY APPROVAL [24 CFR 982.3051
After receiving the family's Request for Tenancy Approval, with proposed dwelling
lease, the PHA must promptly notify the family and owner whether the assisted tenancy
is approved.
Prior to approving the assisted tenancy and execution of a HAP contract, the PHA must
ensure that all required actions and determinations discussed in Part I of this chapter
have been completed.
These actions include ensuring that the unit is eligible; the unit has been inspected by
the PHA and meets the Housing Quality Standards (HQS); the lease offered by the
owner is approvable and includes the required Tenancy Addendum; the rent to be
charged by the owner for the unit must is reasonable; where the family is initially leasing
a unit and the gross rent of the unit exceeds the applicable payment standard for the
family, the share of rent to be paid by the family does not exceed 40 percent of the
family's monthly adjusted income [24 CFR 982.305(a)]; the owner is an eligible owner,
not disapproved by the PHA, with no conflicts of interest [24 CFR 982.306]; the family
and. the owner have executed the lease., including the Tenancy Addendum, and :the
lead- based paint disclosure information [24 CFR 982.305(b)].
The PHA will complete its determination within 10 business days of receiving all
required information including completion of inspection.
If the terms of the RFTA/proposed lease are changed for any reason, including but not
limited to negotiation with the PHA, the PHA will obtain corrected copies of the RFTA
and proposed lease, signed by the family and the owner.
Corrections to the RFTA/proposed lease will only be accepted as hard copies, in-
person, by mail or fax. The PHA will not accept corrections over the phone.
If the PHA determines that the tenancy cannot be approved for any reason, the owner
and the family will be notified in writing and given the opportunity to address any
reasons for disapproval. The PHA will instruct the owner and family of the steps that are
necessary to approve the tenancy.
Where the tenancy is not approvable because the unit is not approvable, the family
must continue to search for eligible housing within the timeframe of the issued voucher.
If the tenancy is not approvable due to rent affordability (including rent burden and rent
reasonableness), the PHA will attempt to negotiate the rent with the owner. If a new,
approvable rent is negotiated, the tenancy will be approved. If the owner is not willing to
negotiate an approvable rent, the family must continue to search for eligible housing
within the timeframe of the issued voucher.
9 -1.G. HAP CONTRACT EXECUTION [24 CFR 982.305]
The HAP contract is a written agreement between the PHA and the owner of the
dwelling unit occupied by a housing choice voucher assisted family. Under the HAP
contract, the PHA agrees to make housing assistance payments to the owner on behalf
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of a specific family occupying a specific unit and obliges the owner to comply with all
program requirements.
The HAP contract format is prescribed by HUD.
If the PHA has given approval for the family of the assisted tenancy, the owner and the
PHA execute the HAP contract.
The term of the HAP contract must be the same as the term of the lease [24 CFR
982.451(a)(2)].
The PHA is permitted to execute a HAP contract even if the funding currently available
does not extend for the full term of the HAP contract.
The PHA must make a best effort to ensure that the HAP contract is executed before,
the beginning of the lease term. Regardless, the HAP contract must be executed no
later than 60 calendar days from the beginning of the lease term.
The PHA may not pay any housing assistance payment to the owner until the HAP
contract has been executed. If the HAP contract is executed during the period of 60
calendar days from the beginning of the lease term, the PHA will pay housing
assistance payments after execution of the HAP contract (in accordance with the terms
of the HAP contract), to cover the portion of the lease term before execution of the HAP
contract (a maximum of 60 days).
Any HAP contract executed after the 60 -day period is void, and the PHA may not pay
any housing assistance payment to the owner. The following PHA representatives(s)
is /are authorized to execute a contract on behalf of the PHA: Executive Director,
Director of Community Development and Housing or Housing Manager.
Owners who have not previously participated in the HCV program must attend a
meeting with the PHA in which the terms of the Tenancy Addendum and the HAP
contract will be explained. The PHA may waive this requirement on a case -by -case
basis, if it determines that the owner is sufficiently familiar with the requirements and
responsibilities under the HCV program.
The owner and the assisted family will execute the dwelling lease and the owner must
provide a copy to the PHA. The PHA will ensure that both the owner and the assisted
family receive copies of the dwelling lease.
The owner and the PHA will execute the HAP contract. The PHA will not execute the
HAP contract until the owner has submitted a copy of the proof of ownership (i.e., deed
of trust or title cover report), current property tax statement, IRS form W -9 and a copy of
their valid Driver License or other photo identification. The PHA will ensure that the
owner receives a copy of the executed HAP contract.
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Owners must provide the current address of their residence (not a Post Office box). If
families lease properties owned by relatives, the owner's current address will be
compared to the subsidized unit address.
See Chapter 13 for a discussion of the HAP contract and contract provisions.
9 -I.H. CHANGES IN LEASE OR RENT [24 CFR 982.308]
If the tenant and the owner agree to any changes in the lease, such changes must be in
writing, and the owner must immediately give the PHA a copy of such changes. The
lease, including any changes, must remain in accordance with the requirements of this
chapter.
Generally, PHA approval of tenancy and execution of a new HAP contract are not
required for changes in the lease. However, under certain circumstances, voucher
assistance in the unit shall not be continued unless the PHA has approved a new
tenancy in accordance with program requirements and has executed a new HAP
contract with the owner. These circumstances include:
• Changes in lease requirements governing tenant or owner responsibilities for
utilities or appliances
• Changes in lease provisions governing the term of the lease
The family moves to a new unit, even if the unit is in the same building or
complex '
In these cases, if the HCV assistance is to continue, the family must submit a new
Request for Tenancy Approval (RTA) along with a new dwelling lease containing the
altered terms. A new tenancy must then be approved in accordance with this chapter.
Where the owner is changing the amount of rent, the owner must notify the PHA of any
changes in the amount of the rent to owner at least 60 days before any such changes
go into effect [24 CFR 982.308(8)(4)]. The PHA will agree to such an increase only if
the amount of the rent to owner is considered reasonable according to the rent
reasonableness standards discussed in Chapter 8. If the requested rent is not found to
be reasonable, the owner must either reduce the requested rent increase, or give the
family notice in accordance with the terms of the lease.
No rent increase is permitted during the initial term of the lease [24 CFR 982.309(x)(3)].
Where the owner is requesting a rent increase, the PHA will determine whether the
requested increase is reasonable within 10 business days of receiving the request from
the owner. The owner will be notified of the determination in writing.
Rent increases will go into effect on the first of the month following the 60 -day period
after the owner notifies the PHA of the rent change or on the date specified by the
owner, whichever is later.
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Chapter 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
INTRODUCTION
Freedom of choice is a hallmark of the housing choice voucher (HCV) program. In
general, therefore, HUD regulations impose few restrictions on where families may live
or move with HCV assistance. This chapter sets forth HUD regulations and PHA
policies governing moves within or outside the PHA's jurisdiction in two parts:
Part I: Moving with Continued Assistance. This part covers the general rules that
apply to all moves by a family assisted under the PHA's HCV program, whether
the family moves to another unit within the PHA's jurisdiction or to a unit outside
the PHA's jurisdiction under portability.
Part II: Portability. This part covers the special rules that apply to moves by a
family under portability, whether the family moves out of or into the PHA's
jurisdiction. This part also covers the special responsibilities that the PHA has
under portability regulations and procedures.
PART I. MOVING WITH CONTINUED ASSISTANCE
10 -I.A. ALLOWABLE MOVES
HUD regulations list five conditions under which an assisted family is allowed to move to
a new unit with continued assistance. Permission to move is subject to the restrictions
set forth in section 10 -1.13.
The family has a right to terminate the lease on notice to the owner (for the
owner's breach or otherwise) and has given a notice of termination to the owner in
accordance with the lease 124 CFR 982.314(b)(3)]. If the family terminates the lease
on notice to the owner, the family must give the PHA a copy of the notice at the
same time [24 CFR 982.314(d)(1)].
The lease for the family's unit has been terminated by mutual agreement of the
owner and the family [24 CFR 982.314(b)(1)(ii)].
If the family and the owner mutually agree to terminate the lease for the family's unit,
the family must give the PHA a copy of the termination agreement.
The owner has given the family a notice to vacate, has commenced an action to
evict the family, or has obtained a court judgment or other process allowing the
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DRAFT
owner to evict the family [24 CFR 982.314(b)(2)]. The family must give the PHA a
copy of any owner eviction notice [24 CFR 982.551(g)].
• The PHA has terminated the assisted lease for the family's unit for the owner's
breach [24 CFR 982.314(b)(1)(i)].
The PHA determines that the family's current unit does not meet the HQS space
standards because of an increase in family size or a change in family composition.
In such cases, the PHA must issue the family a new voucher, and the family and
PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is
available for the family, the PHA must terminate the HAP contract for the family's old
unit in accordance with the HAP contract terms and must notify both the family and
the owner of the termination. The HAP contract terminates at the end of the calendar
month that follows the calendar month in which the PHA gives notice to the owner.
[24 CFR 982.403(a) and (c)]
10 -I.B. RESTRICTIONS ON MOVES
A family's right to move is generally contingent upon the family's compliance with
program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which
a PHA may deny a family permission to move and two ways in which a PHA may
restrict moves by a family.
Denial of Moves
HUD regulations permit the PHA to deny a family permission to move under the
following conditions:
Insufficient Funding [24 CFR 982.314(e)(1)].
The PHA will deny a family permission to move on grounds that the PHA does not have
sufficient funding for continued assistance if (a) the move is initiated by the family, not
the owner or the PHA; (b) the PHA can demonstrate that the move will, in fact, result in
higher subsidy costs; and (c) the PHA can demonstrate, in accordance with the policies
in Part VI I I of Chapter 16, that it does not have sufficient funding in its annual budget to
accommodate the higher subsidy costs. This policy applies to moves within the PHA's
jurisdiction as well as to moves outside it under portability.
Grounds for Denial or Termination of Assistance [24 CFR 982.314(e)(2)].
If the PHA has grounds for denying or terminating a family's assistance, the PHA will act
on those grounds in accordance with the regulations and policies set forth in Chapters 3
and 12, respectively. In general, it will not deny a family permission to move for this
reason; however, it retains the discretion to do so under special circumstances.
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Restrictions on Elective Moves [24 CFR 982.314(c)]
The PHA will deny a family permission to make an elective move during the family's
initial lease term. This policy applies to moves within the PHA's jurisdiction or outside it
under portability.
The PHA will also deny a family permission to make more than one elective move
during any 12 -month period. This policy applies to all assisted families residing in the
PHA's jurisdiction.
The PHA will consider exceptions to these policies for the following reasons:
To protect the health or safety of a family member (e,g., lead -based paint
hazards, domestic violence, witness protection programs);
To accommodate a change in family circumstances (e.g., new employment,
school attendance in a distant area); or
To address an emergency situation over which a family has no control.
In addition, the PHA will allow exceptions to these policies for purposes of
reasonable accommodation of a family member who is a person with disabilities
(see Chapter 2).
10 -I.C. MOVING PROCESS
Notification
If a family wishes to move to a new unit, the family must notify the PHA and the owner
before moving out of the old unit or terminating the lease on notice to the owner [24
CFR 982.314(d)(2)]. If the family wishes to move to a unit outside the PHA's jurisdiction
under portability, the notice to the PHA must specify the area where the family wishes to
move [24 CFR 982.314(d)(2), Notice PIH 2004 -121. The notices must be in writing [24
CFR 982.5].
Approval
Upon receipt of a family's notification that it wishes to move, the PHA will determine
whether the move is approvable in accordance with the regulations and policies set
forth in sections 10 -I.A and 10 -1.B. The PHA will notify the family in writing of its
determination within 15 business days following receipt of the family's notification.
Reexamination of Family Income and Composition
For families approved to move to a new unit within the PHA's jurisdiction, the PHA will
perform a new annual reexamination in accordance with the policies set forth in
Chapter 11 of this plan.
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For families moving into or families approved to move out of the PHA's jurisdiction
under portability, the PHA will follow the policies set forth in Part II of this chapter.
Voucher Issuance and Briefing
For families approved to move to a new unit within the PHA's jurisdiction, the PHA will
issue a new voucher and conduct a briefing within 10 business days of the PHA's
written approval to move. The PHA will follow the policies set forth in Chapter 5 on
voucher term, extension, and expiration. If a family does not locate a new unit within the
term of the voucher and any extensions, the family may remain in its current unit with
continued voucher assistance if the owner agrees and the PHA approves. Otherwise,
the family will lose its assistance.
For families moving into or families approved to move out of the PHA's jurisdiction
under portability, the PHA will follow the policies set forth in Part II of this chapter.
Housing Assistance Payments [24 CFR 982.311(d)]
When a family moves out of an assisted unit, the PHA may not make any housing
assistance payment to the owner for any month after the month the family moves out.
The owner may keep the housing assistance payment for the month when the family
moves out of the unit.
If a participant family moves from an assisted unit with continued tenant -based
assistance, the term of the assisted lease for the new assisted unit may begin during
the month the family moves out of the first assisted unit. Overlap of the last housing
assistance payment (for the month when the family moves out of the old unit) and the
first assistance payment for the new unit, is not considered to constitute a duplicative
housing subsidy.
PART II: PORTABILITY
10 -II.A. OVERVIEW
Within the limitations of the regulations and this plan, a participant family or an applicant
family that has been issued a voucher has the right to use tenant -based voucher
assistance to lease a unit anywhere in the United States providing that the unit is
located within the jurisdiction of a PHA administering a tenant -based voucher program
[24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA
and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The
first PHA is called the initial PHA. The second is called the receiving PHA.
The receiving PHA has the option of administering the family's voucher for the initial
PHA or absorbing the family into its own program. Under the first option, the receiving
PHA bills the initial PHA for the family's housing assistance payments and the fees for
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DRAFT
Determining Income Eligibility
Applicant Families
An applicant family may lease a unit in a particular area under portability only if the
family is income eligible for admission to the voucher program in that area [24 CFR
982.353(d)(3)]. The family must specify the area to which the family wishes to move
[Notice 2004 -121.
The initial PHA is responsible for determining whether the family is income eligible in the
area to which the family wishes to move [24 CFR 982.355(c)(1)]. If the applicant family
is not income eligible in that area, the PHA must inform the family that it may not move
there and receive voucher assistance [Notice PIH 2004 -12].
Participant Families
The income eligibility of a participant family is not redetermined if the family moves to a
new jurisdiction under portability [24 CFR 982.353(d)(2), 24 CFR 982.355(c)(1)].
Reexamination of Family Income and Composition
For a participant family approved to move out of its jurisdiction under portability, the
PHA generally will conduct a reexamination of family income and composition only if the
family's annual reexamination must be completed on or before the initial billing deadline
specified on form HUD - 52665, Family Portability Information.
The PHA will make any exceptions to this policy necessary to remain in compliance with
HUD regulations.
Briefing
No formal briefing will be required for a participant family wishing to move outside the
PHA's jurisdiction under portability. However, the PHA will provide the family with the
same oral and written explanation of portability that it provides to applicant families
selected for admission to the program (see Chapter 5). The PHA will provide the name,
address, and phone of the contact for the PHA in the jurisdiction to which they wish to
move. The PHA will advise the family that they will be under the RNA's policies and
procedures, including subsidy standards and voucher extension policies.
Voucher Issuance and Term [24 CFR 982.353(b)]
For families approved to move under portability, the PHA will issue a new voucher
within 10 business days of the PHA's written approval to move.
The initial term of the voucher will be no less than 60 days not to exceed 180 days.
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Voucher Extensions and Expiration
The PHA will approve no extensions to a voucher issued to an applicant or participant
family porting out of the PHA's jurisdiction except under the following circumstances:
(a) The initial term of the voucher will expire before the portable family will be
issued a voucher by the receiving PHA,
(b) The family decides to return to the initial PHA's jurisdiction and search for a
unit there, or
(c) The family decides to search for a unit in a third PHA's jurisdiction. In such
cases, the policies on voucher extensions set forth in Chapter 5, section 5-
II.E, of this plan will apply, including the requirement that the family apply for
an extension in writing prior to the expiration of the initial voucher term.
To receive or continue receiving assistance under the initial PHA's voucher program, a
family that moves to another PHA's jurisdiction under portability must be under HAP
contract in the receiving PHA's jurisdiction within 60 days following the expiration date
of the initial PHA's voucher term (including any extensions).. (See "Initial Billing
Deadline" for one exception to this policy.)
Initial Contact with the Receiving PHA [24 CFR 982.355(c)(2)]
Because the portability process is time - sensitive, the PHA will notify the receiving PHA
by fax, or e -mail of the expected portability. The initial PHA will also ask the receiving
PHA to provide any information the family may need upon arrival, including the name,
fax, email and telephone number of the staff person responsible for business with
incoming portable families and procedures related to appointments for voucher
issuance. The PHA will pass this information along to the family. The PHA will also ask
for the name, address, telephone number, fax and email of the person responsible for
processing the billing information.
Sending Documentation to the Receiving PHA
The initial PHA is required to send the receiving PHA the following documents:
• Form HUD - 52665, Family Portability Information, with Part I filled out [Notice PIH
2004 -12]
A copy of the family's voucher [Notice PIH 2004 -12]
• A copy of the family's most recent form HUD - 50058, Family Report, or, if
necessary in the case of an applicant family, family and income information in a
format similar to that of form HUD -50058 [24 CFR 982.355(c)(4), Notice PIH
2004 -12]
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• Copies of the income verifications backing up the form HUD -50058 [24 CFR
982.355(c)(4), Notice PIH 2004 -121
In addition to these documents, the PHA will provide the following information, if
available, to the receiving PHA:
Documentation of participation in the earned income disallowance (EID) benefit
• Documentation of participation in a family self- sufficiency (FSS) program
The PHA will notify the family in writing regarding any information provided to the
receiving PHA [HCV GB, p. 13 -31.
Initial Billing Deadline [Notice PIH 2004 -12]
When the initial PHA sends form HUD -52665 to the receiving PHA, it specifies in Part I
the deadline by which it must receive the initial billing notice from the receiving PHA.
This deadline is 60 days following the expiration date of the voucher issued to the family
by the initial PHA. If the initial PHA does not receive a billing notice by the deadline and
does not intend to honor a late billing submission, it must contact the receiving PHA to
determine the status of the family.
If the PHA has not received an initial billing notice from the receiving PHA by the
deadline specified on form HUD - 52665, it will contact the receiving PHA by phoneJax,
or e-mail on the next business day. If the PHA reports that the family is not yet under
HAP contract, the PHA will inform the receiving PHA that it will not Donor a late billing
submission and will return any subsequent billings that it receives on behalf of the
family. The PHA will send the receiving PHA a written confirmation of its decision by
mail.
The PHA will allow an exception to this policy if the family includes a person with
disabilities and the late billing is a result of a reasonable accommodation granted to the
family by the receiving PHA.
Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 2004 -12]
If the receiving PHA is administering the family's voucher, the initial PHA is responsible
for making billing payments in a timely manner. The first billing amount is due within 30
calendar days after the initial PHA receives Part II of form HUD -52665 from the
receiving PHA. Subsequent payments must be received by the receiving PHA no later
than the fifth business day of each month. The payments must be provided in a form
and manner that the receiving PHA is able and willing to accept.
The initial PHA may not terminate or delay making payments under existing portability
billing arrangements as a result of overleasing or funding shortfalls. The PHA must
manage its tenant -based program in a manner that ensures that it has the financial
ability to provide assistance for families that move out of its jurisdiction under portability
and are not absorbed by receiving PHAs as well as for families that remain within its
jurisdiction.
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Annual Updates of Form HUD -50058
If the initial PHA is being billed on behalf of a portable family, it should receive an
updated form HUD -50058 each year from the receiving PHA. If the initial PHA fails to
receive an updated 50058 by the family's annual reexamination date, the initial PHA
should contact the receiving PHA to verify the status of the family.
Subsequent Family Moves
Within the Receiving PHA's Jurisdiction X24 CFR 314(e)(1), Notice PIH 2005 -1,]
If the PHA determines that it must deny moves on the grounds that it lacks sufficient
funding (see section 10 -1.13), it will notify all receiving PHAs with which it has entered
into portability billing arrangements that they, too, must deny moves to higher cost units
by portable families from the PHA's jurisdiction.
The PHA will allow exceptions to this policy for purposes of reasonable accommodation
of a;family member who is a person with disabilities.
Outside the Receiving PHA's Jurisdiction [Notice PIH 2004 -121
If the initial PHA is assisting a portable family under a billing arrangement and the family
subsequently decides to move out of the receiving PHA's jurisdiction, the initial PHA is
responsible for issuing the family a' voucher while the family is either being assisted or
has a voucher from the receiving PHA and, if the family wishes to port to another
jurisdiction, sending form HUD -52665 and supporting documentation to the new
receiving PHA. Any extensions of the initial PHA voucher necessary to allow the family
additional search -time to return to the initial PHA's jurisdiction or to move to another
jurisdiction would be at the discretion of the initial PHA.
Denial or Termination of Assistance [24 CFR 982.355(c)(9)]
If the initial PHA has grounds for denying or terminating assistance for a portable family
that has not been absorbed by the receiving PHA, the initial PHA may act on those
grounds at any time. (For PHA policies on denial and termination, see Chapters 3 and
12, respectively.)
10 -II.C. RECEIVING PHA ROLE
If a family has a right to lease a unit in the receiving PHA's jurisdiction under portability,
the receiving PHA must provide assistance for the family [24 CFR 982.355(10)].
The receiving PHA's procedures and preferences for selection among eligible
applicants do not apply, and the receiving PHA's waiting list is not used [24 CFR
982.355(10)]. However, the family's unit, or voucher, size is determined in accordance
with the subsidy standards of the receiving PHA [24 CFR 982.355(7)], and the amount
of the family's housing assistance payment is determined in the same manner as for
other families in the receiving PHA's voucher program [24 CFR 982.355(e)(2)].
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Initial Contact with Family
When a family moves into the PHA's jurisdiction under portability, the family is
responsible for promptly contacting the PHA and complying with the PHA's procedures
for incoming portable families [24 CFR 982.355(c)(3)].
If the voucher issued to the family by the initial PHA has expired, the receiving PHA
does not process the family's paperwork but instead refers the family back to the initial
PHA [Notice PIH 2004 -121.
When a portable family requests assistance from the receiving PHA, the receiving PHA
must promptly inform the initial PHA whether the receiving PHA will bill the initial PHA
for assistance on behalf of the portable family or will absorb the family into its own
program [24 CFR 982.355(c)(5)]. If the PHA initially bills the initial PHA for the family's
assistance, it may later decide to absorb the family into its own program [Notice PIH
2004 -12]. (See later under "Absorbing a Portable Family" for more on this topic.)
Within 10 business days after a portable family requests assistance, the receiving PHA
will notify the initial PHA whether it intends to bill the receiving PHA on behalf of the
portable family or absorb the family into its own program.
If for any reason the receiving PHA refuses to process or provide assistance to a family
under the portability procedures, the family must be given the opportunity for an informal
review or hearing [Notice PIH 2004 -12]. (For more on this topic, see later under "Denial
or Termination of Assistance. ")
Briefing [Notice PIH 2004 -12]
The PHA will not require the family to attend a briefing. The PHA will provide the family
with a briefing packet (as described in Chapter 5) and, in an individual briefing, will
orally inform the family about the PHA's payment and subsidy standards, procedures for
requesting approval of a unit, the unit inspection process, and the leasing process. The
PHA will suggest that the family attend a full briefing at a later date.
Income Eligibility and Reexamination
For any family moving into its jurisdiction under portability, the PHA will conduct a new
reexamination of family income and composition. However, the PHA will not delay
issuing the family a voucher for this reason. Nor will the PHA delay approving a unit for
the family until the reexamination process is complete unless the family is an applicant
and the PHA cannot otherwise confirm that the family is income eligible for admission to
the program in the area where the unit is located.
In conducting its own reexamination, the PHA will rely upon any verifications provided
by the initial PHA to the extent that they (a) accurately reflect the family's current
circumstances and (b) were obtained within the last 120 days. Any new information
may be verified by documents provided by the family and adjusted, if necessary, when
third party verification is received.
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Voucher Issuance
When a family moves into its jurisdiction under portability, the receiving PHA is required
to issue the family a voucher [24 CFR 982.355(b)(6)]. The family must submit a request
for tenancy approval to the receiving PHA during the term of the receiving PHA's
voucher [24 CFR 982.355(c)(6)].
Timing of Voucher Issuance
When a family ports into its jurisdiction, the PHA will issue the family a voucher based
on the paperwork provided by the initial PHA within two weeks unless the family's
paperwork from the initial PHA is incomplete, the family's voucher from the initial PHA
has expired or the family does not comply with the PHA's procedures. The PHA will
update the family's information when verification has been completed.
Voucher Term [24 CFR 982.355(c)(6)]
The receiving PHA's voucher will expire on the same date as the initial. PHA's voucher.
Voucher Extensions 124 CFR 982.355(c)(6), Notice 2004 -921
The PHA will not extend the term of the voucher that it issues to an incoming portable
family unless the PHA plans to absorb the family into its own program, in which case it
will follow the policies on voucher extension set forth in section 5 -II.E.
The PHA will consider an exception to this policy as a reasonable accommodation to a
person with disabilities (see Chapter 2).
Notifying the Initial PHA
The receiving PHA must promptly notify the initial PHA if the family has leased an
eligible unit under the program or if the family fails to submit a request for tenancy
approval for an eligible unit within the term of the receiving PHA's voucher [24 CFR
982.355(c)(8)]. The receiving PHA is required to use Part II of form HUD - 52665, Family
Portability Information, for this purpose [24 CFR 982.355(e)(5), Notice PIH 2004 -12].
(For more on this topic and the deadline for notification, see below under "Administering
a Portable Family's Voucher, ")
If an incoming portable family ultimately decides not to lease in the jurisdiction of the
receiving PHA but instead wishes to return to the initial PHA's jurisdiction or to search in
another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In
such a case the voucher of record for the family is once again the voucher originally
issued by the initial PHA. Any extension of search time provided by the receiving PHA's
voucher is only valid for the family's search in the receiving PHA's jurisdiction. [Notice
PIH 2004 -12]
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Administering a Portable Family's Voucher
Initial Billing Deadline
If a portable family's search for a unit is successful and the receiving PHA intends to
administer the family's voucher, the receiving PHA must submit its initial billing notice
(Part II of form HUD - 52665) (a) no later than 10 business days following the date the
receiving PHA executes a HAP contract on behalf of the family and (b) in time that the
notice will be received no later than 60 days following the expiration date of the family's
voucher issued by the initial PHA [Notice PIH 2004 -121. A copy of the family's form
HUD - 50058, Family Report, completed by the receiving PHA must be attached to the
initial billing notice. The receiving PHA may send these documents by mail, fax, or e-
mail.
The PHA will send its initial billing notice by fax or e -mail, if necessary, to meet the
billing deadline but will also send the notice by regular mail.
If the receiving PHA fails to send the initial billing within 10 business days following the
date the HAP contract is executed, it is required to absorb the family into its own
program unless (a) the initial PHA is willing to accept the late submission or.(b).HUD
requires the initial PHA to honor the late submission (e.g., because the receiving PHA is
overleased) [Notice PIH 2004 -12].
Ongoing Notification Responsibilities [Notice PIH 2004 -12, HUD - 52665].
Annual Reexamination. The receiving PHA must send the initial PHA a copy of a
portable family's updated form HUD -50058 after each annual reexamination for the
duration of time the receiving PHA is billing the initial PHA on behalf of the family,
regardless of whether there is a change in the billing amount.
The PHA will send a copy of the updated HUD -50058 by regular mail at the same time
the PHA and owner are notified of the reexamination results.
Change in Billing Amount. The receiving PHA is required to notify the initial PHA,
using form HUD - 52665, of any change in the billing amount for the family as a result of.
• A change in the HAP amount (because of a reexamination, a change in the
applicable payment standard, a move to another unit, etc.)
• An abatement or subsequent resumption of the HAP payments
Termination of the HAP contract
Payment of a damage /vacancy loss claim for the family
Termination of the family from the program
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The timing of the notice of the change in the billing amount should correspond with the
notification to the owner and the family in order to provide the initial PHA with advance
notice of the change. Under no circumstances should the notification be later than 10
business days following the effective date of the change in the billing amount.
Late Payments [Notice PIH 2004 -92]
If the initial PHA fails to make a monthly payment for a portable family by the fifth
business day of the month, the receiving PHA must promptly notify the initial PHA in
writing of the deficiency. The notice must identify the family, the amount of the billing
payment, the date the billing payment was due, and the date the billing payment was
received (if it arrived late). The receiving PHA must send a copy of the notification to the
Office of Public Housing (OPH) in the HUD area office with jurisdiction over the
receiving PHA. If the initial PHA fails to correct the problem by the second month
following the notification, the receiving PHA may request by memorandum to the
director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in
question. A copy of the initial notification and any subsequent correspondence between
the PHAs on the matter must be attached. The receiving PHA must send a copy 'of the
memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing
arrangement 'on behalf of the family ceases with the transfer, but the initial PHA is .still
responsible for any outstanding payments due to the receiving PHA.
Overpayments [Notice PIH 2004 -92]
In all cases where the receiving PHA has received billing payments for billing
arrangements no longer in effect, the receiving PHA is responsible for returning the full
amount of the overpayment (including the portion provided for administrative fees) to
the initial PHA.
In the event that HUD determines billing payments have continued for at least three
months because the receiving PHA failed to notify the initial PHA that the billing
arrangement was terminated, the receiving PHA must take the following steps:
• Return the full amount of the overpayment, including the portion provided for
administrative fees, to the initial PHA.
• Once full payment has been returned, notify the Office of Public Housing in the
HUD area office with jurisdiction over the receiving PHA of the date and the
amount of reimbursement to the initial PHA.
At HUD's discretion, the receiving PHA will be subject to the sanctions spelled out in
Notice PIH 2004 -12.
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Denial or Termination of Assistance
At any time, the receiving PHA may make a determination to deny or terminate
assistance to a portable family for family action or inaction [24 CFR 982.355(c)(9), 24
CFR 982.355(c)(10)],
If the PHA elects to deny or terminate assistance for a portable family, the PHA will
notify the initial PHA within 10 business days after the informal review or hearing if the
denial or termination is upheld. The PHA will base its denial or termination decision on
the policies set forth in Chapter 3 or Chapter 12, respectively. The informal review or
hearing will be held in accordance with the policies in Chapter 16. The receiving PHA
will furnish the initial PHA with a copy of the review or hearing decision.
Absorbing a Portable Family
The receiving PHA may absorb an incoming portable family into its own program when
the PHA executes a HAP contract on behalf of the family or at any time thereafter
providing that (a) the PHA has funding available under its annual contributions contract
(ACC) and (b) absorbing the family will not result in overleasing [24 CFR 982.355(d)(1),
Notice PIH 2004 -12].
If the receiving PHA absorbs a family from the point of admission, the admission will be
counted against the income targeting obligation of the receiving PHA [24 CFR
982.201(b)(2)(vii)].
If the PHA decides to absorb a portable family upon the execution of a HAP contract on
behalf of the family, the PHA will notify the initial PHA by the initial billing deadline
specified on form HUD - 52665. The effective date of the HAP contract will be the
effective date of the absorption.
If the PHA decides to absorb a family after that, it will provide the initial PHA with 30
days' advance notice.
Following the absorption of an incoming portable family, the family is assisted with funds
available under the consolidated ACC for the receiving PHA's voucher program [24
CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent
moves by the family under portability.
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Chapter 11
REEXAMINATIONS
INTRODUCTION
The PHA is required to reexamine each family's income and composition at least
annually, and to adjust the family's level of assistance accordingly. Interim
reexaminations are also needed in certain situations. This chapter discusses both
annual and interim reexaminations, and the recalculation of family share and subsidy
that occurs as a result. HUD regulations and PHA policies concerning reexaminations
are presented in three parts:
Part I: Annual Reexaminations. This part discusses the process for conducting
annual reexaminations.
Part II: Interim Reexaminations. This part details the requirements for families to
report changes in family income and composition between annual
reexaminations.
Part I 11: Recalculating Family Share and Subsidy Amount. This part discusses the
recalculation of family share and subsidy amounts based on the results of annual
and interim reexaminations.
Policies governing reasonable accommodation, family privacy, required family
cooperation, and program abuse, as described elsewhere in this plan, apply to both
annual and interim reexaminations.
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516]
11 -LA. OVERVIEW
The PHA must conduct a reexamination of family income and composition at least
annually. This includes gathering and verifying current information about family
composition, income, and expenses. Based on this updated information, the family's
income and rent must be recalculated. This part discusses the schedule for annual
reexaminations, the information to be collected and verified, and annual reexamination
effective dates.
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11 -I.B. SCHEDULING ANNUAL REEXAMINATIONS
The PHA will make every effort to begin the annual reexamination process 90 days in
advance of its scheduled effective date. The PHA will schedule annual reexamination
effective dates to coincide with the family's anniversary date.
Anniversary date is defined as 12 months from the effective date of the family's last
annual reexamination or, during a family's first year in the program, from the effective
date of the family's initial examination (admission).
If the family moves to a new unit, the PHA will perform a new annual reexamination.
The PHA also may schedule an annual reexamination for completion prior to the
anniversary date for administrative purposes.
Notification of and Participation in the Annual Reexamination Process
Families will be required to participate in an annual reexamination interview, which must
be attended by the head of household, spouse, or cohead. If participation in an in-
person interview poses a hardship because of a family member's disability, the family
should contact the PHA to request a reasonable accommodation (see Chapter 2).
Notification of annual reexamination interviews will be sent by first -class mail and will
contain the date, time, and location of the interview. In addition, it will inform the family
of the information and documentation that must be brought to the interview.
If the family is unable to attend a scheduled interview, the family should contact the
PHA in advance of the interview to schedule a new appointment. If a family does not
attend the scheduled interview, the PHA will send a second notification with a new
interview appointment time.
If a family fails to attend two scheduled interviews without PHA approval, or if the notice
is returned by the post office with no forwarding address, a notice of termination (see
Chapter 12) will be sent to the family's address of record, and to any alternate address
provided in the family's file.
An advocate, interpreter, or other assistant may assist the family in the interview
process. The family and the PHA must execute a certification attesting to the role and
assistance of any such third party.
11 -I.C. CONDUCTING ANNUAL REEXAMINATIONS
As part of the annual reexamination process, families are required to provide updated
information to the PHA regarding the family's income, expenses, and composition [24
CFR 982.551(b)].
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Families will be asked to bring all required information (as described in the
reexamination notice) to the reexamination appointment. The required information will
include a Housing Application, PHA - designated reexamination form(s), an Authorization
for the Release of Information /Privacy Act Notice, as well as supporting documentation
related to the family's income, expenses, and family composition.
Any required documents or information that the family is unable to provide at the time of
the interview must be provided within 10 business days of the interview. If the family is
unable to obtain the information or materials within the required time frame, the family
may request an extension.
If the family does not provide the required documents or information within the required
time frame (plus any extensions), the family will be sent a notice of termination (See
Chapter 12).
The information provided by the family generally must be verified in accordance with the
policies in Chapter 7. Unless the family reports a change, or the agency has reason to
believe a change has occurred in information previously reported by the family, certain
types of information that are verified at admission typically do not need to be re- verified
on an annual basis. These include:
• Legal identity
• Age
• Social security numbers
• A person's disability status
• Citizenship or immigration status
If adding a new family member to the unit causes overcrowding according to the
Housing Quality Standards (HQS) (see Chapter 8), the PHA must issue the family a
new voucher, and the family and PHA must try to find an acceptable unit as soon as
possible. If an acceptable unit is available for rental by the family, the PHA must
terminate the HAP contract in accordance with its terms [24 CFR 982.403].
11 -I.D. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS
124 CFR 982.552(b)(5)]
Section 327 of Public Law 109115 established new restrictions on the ongoing eligibility
of certain students (both part- and full -time) who are enrolled in institutions of higher
education.
If a student enrolled in an institution of higher education is under the age of 24, is not a
veteran, is not married, and does not have a dependent child, the student's eligibility
must be reexamined along with the income eligibility of the student's parents on an
annual basis. In these cases, both the student and the student's parents must be
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income eligible for the student to continue to receive HCV assistance. If, however, a
student in these circumstances is determined independent from his or her parents in
accordance with PHA policy, the income of the student's parents will not be considered
in determining the student's ongoing eligibility.
Students who reside with parents in an HCV assisted unit are not subject to this
provision. It is limited to students who are receiving assistance on their own, separately
from their parents.
During the annual reexamination process, the PHA will determine the ongoing eligibility
of each student who is subject to the eligibility restrictions in 24 CFR 5.612 by reviewing
the student's individual income as well as the income of the student's parents. If the
student has been determined "independent" from his/her parents based on the policies
in Sections 3 -II.E and 7 -1I.E, the parents' income will not be reviewed.
If the student is no longer income eligible based on his/her own income or the income of
his /her parents, the student's assistance will be terminated in accordance with the
policies in Section 12 -I.1D.
If the student continues to be income eligible based on his /her own income and the
income of his /her parents (if applicable), the PHA will process a reexamination in
accordance with the policies in this chapter.
11 -I.E. EFFECTIVE DATES [24 CFR 982.5161.
Increase in Family Share
The family will be notified at least 30 days in advance if an annual reexamination results
in an increase in the family share of the rent. The increase will take effect on the
family's anniversary date, and.
If less than 30 days remain before the scheduled effective date, the increase will take
effect on the first of the month following the end of the 30 -day notice period.
If a family moves to a new unit, the increase will take effect on the effective date of the
new lease and HAP contract, and no 30 -day notice is required.
if the PHA chooses to schedule an annual reexamination for completion prior to the
family's anniversary date for administrative purposes, the effective date will be
determined by the PHA, but will always allow for the 30 -day notice period.
If the family causes a delay in processing the annual reexamination, increases in the
family share of the rent will be applied retroactively, to the scheduled effective date of
the annual reexamination. The family will be responsible for any overpaid subsidy and
may be offered a repayment agreement in accordance with the policies in Chapter 16.
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Decrease in Family Share
A decrease in the family share of the rent that results from an annual reexamination will
take effect on the family's anniversary date.
If a family moves to a new unit, the decrease will take effect on the effective date of the
new lease and HAP contract.
If the PHA chooses to schedule an annual reexamination for completion prior to the
family's anniversary date for administrative purposes, the effective date will be
determined by the PHA.
If the family causes a delay in processing the annual reexamination, decreases in the
family share of the rent will be applied. prospectively,. from the first day of the month
following completion of the reexamination processing.
Delays in reexamination processing are considered to be caused by the family if the
family fails to provide information requested by the PHA by the date specified, and this
delay prevents the PHA from completing the reexamination as scheduled.
PART II: INTERIM REEXAMINATIONS [24 CFR 982.516]
11 -II.A. OVERVIEW
Family circumstances may change throughout the period between annual
reexaminations. HUD and PHA policies dictate what kinds of information about changes
in family circumstances must be reported, and under what circumstances the PHA must
process interim reexaminations to reflect those changes. HUD regulations also permit
the PHA to conduct interim reexaminations of income or family composition at any time.
When an interim reexamination is conducted, only those factors that have changed are
verified and adjusted [HCV GB, p. 12 -10].
In addition to specifying what information the family must report, HUD regulations permit
the family to request an interim determination if other aspects of the family's income or
composition changes. The PHA must complete the interim reexamination within a
reasonable time after the family's request.
This part includes HUD and PHA policies describing what changes families are required
to report, what changes families may choose to report, and how the PHA will process
both PHA- and family - initiated interim reexaminations.
11 -II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION
The PHA will conduct interim reexaminations to account for any changes in household
composition that occur between annual reexaminations.
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New Family Members Not Requiring Approval [24 CFR 982.551(h)(2)]
The family must inform the PHA of the birth, adoption or court - awarded custody of a
child within 10 business days.
New Family and Household Members Requiring Approval
With the exception of children who join the family as a result of birth, adoption, or court -
awarded custody, a family must request PHA approval to add a new family member [24
CFR 982.551(h)(2)] or other household member (live -in aide or foster child) [24 CFR
982.551(h)(4)].
Families must request PHA approval to add a new family member, live -in aide, foster
child, or foster adult. This includes any person not on the lease who is expected to stay
in the unit for more than 30 consecutive days, or 90 cumulative days, within a twelve-
month period, and therefore no longer qualifies as a "guest." Requests must be made in
writing and approved by the PHA prior to the individual moving in the unit.
The PHA will not approve the addition of a new family or household member unless the
individual meets the PHA's eligibility criteria (see Chapter 3).
If the PHA determines an individual meets the PHA's eligibility criteria as defined in
Chapter 3, and the new family member will not cause an overcrowding according to
HQS, the PHA will provide written approval to the family.
If a change in family size causes a violation of Housing Quality Standards (HQS) space
standards (see Chapter 8), the PHA must issue the family a new voucher, and the
family and PHA must try to find an acceptable unit as soon as possible. If an acceptable
unit is available for rental by the family, the PHA must terminate the HAP contract in
accordance with its terms [24 CFR 982.403].
If the PHA determines that an individual does not meet the PHA's eligibility criteria as
defined in Chapter 3, and the individual will cause an overcrowding according to HQS,
the PHA will notify the family in writing of its decision to deny approval of the new family
or household member and the reasons for the denial.
The PHA will make its determination within 10 business days of receiving all information
required to verify the individual's eligibility.
Departure of a Family or Household Member [24 CFR 982.551(h)(3)]
Families must promptly notify the PHA if any family member no longer lives in the unit
If a household member ceases to reside in the unit, the family must inform the PHA
within 10 business days. This requirement also applies to a family member who has
been considered temporarily absent at the point that the family concludes the individual
is permanently absent.
If a five -in aide, foster child, or foster adult ceases to reside in the unit, the family must
inform the PHA within 10 business days.
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11 -II.C. CHANGES AFFECTING INCOME OR EXPENSES
Interim reexaminations can be scheduled either because the PHA has reason to believe
that changes in income or expenses may have occurred, or because the family reports
a change. When a family reports a change, the PHA may take different actions
depending on whether the family reported the change voluntarily, or because it was
required to do so.
PHA - Initiated Interim Reexaminations
The PHA will conduct interim reexaminations in each of the following instances:
For families receiving the Earned Income Disallowance (EID), the PHA will
conduct an interim reexamination at the start and conclusion of the second 12
month exclusion period (50 percent phase -in period).
If the family has reported zero income, the PHA will conduct an interim
reexamination every 3 months as long as the family continues to report that
they have no income.
If at the time of the annual reexamination, it is not feasible to anticipate a level of
income for the next 12 months (e.g. seasonal or cyclic income), the PHA will
schedule an interim reexamination to coincide with the end of the period for which it
is feasible to project income.
If at the time of the annual reexamination, tenant- provided documents were
used on a provisional basis due to the lack of third -party verification, and third -
party verification becomes available, the PHA will conduct an interim
reexamination.
The PHA may conduct an interim reexamination at any time in order to correct
an error in a previous reexamination, or to investigate a tenant fraud
complaint.
Family- Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what conditions the family
must report changes in family income or expenses [24 CFR 982.516(c)]. In addition,
HUD regulations require that the family be permitted to obtain an interim reexamination
any time the family has experienced a change in circumstances since the last
determination [24 CFR 982.516(b)(2)].
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Required Reporting
Families are required to report all increases in earned income, including new
employment, within 10 business days of the date the change takes effect.
The PHA will only conduct interim reexaminations for families that qualify for the earned
income disallowance (El D), and only when the E I D family's share of rent will change as
a result of the increase. In all other cases, the PHA will note the information in the
tenant file, but will not conduct an interim reexamination.
Families are not required to report any other changes in income or expenses.
Optional Reporting
The family may request an interim reexamination any time the family has experienced a
change in circumstances since the last determination [24 CFR 982.516(b)(2)]. The PHA
must process the request if the family reports a change that will result in a reduced
family income [HCV GB, p. 12 -9].
If a family reports a decrease in income from the loss of welfare benefits due to fraud or
non - compliance with a welfare agency requirement to participate in an economic self -
sufficiency program, the family's share of the rent will not be reduced [24 CFR 5.6151.
For more information regarding the requirement to impute welfare income see Chapter
6.
If a family reports a change that it was not required to report and that would result in an
increase in the family share of the rent, the PHA will note the information in the tenant
file, but will not conduct an interim reexamination.
If a family reports a change that it was not required to report and that would result in a
decrease in the family share of rent, the PHA will conduct an interim reexamination. See
Section 11 -II.D. for effective dates.
Families may report changes in income or expenses at any time.
11 -II.D. PROCESSING THE INTERIM REEXAMINATION
Method of Reporting
The family must notify the PHA of changes in writing. If the family provides oral notice,
the PHA will require the family to submit the changes in writing.
The family will not be required to attend an interview for an interim reexamination.
However, if the PHA determines that an interview is warranted, the family may be
required to attend.
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Based on the type of change reported, the PHA will determine the documentation the
family will be required to submit. The family must submit any required information or
documents within 10 business days of receiving a request from the PHA. This time
frame may be extended for good cause with PHA approval. The PHA will accept
required documentation by mail or in person.
Effective Dates
if the family share of the rent is to increase:
The increase will be effective on the first of the month following 30 days'
notice to the family.
If a family fails to report a change within the required time frames, or fails
to provide all required information within the required time frames, the
increase will be applied retroactively, to the date it would have been
effective had the information been provided on a timely basis. The family
will be responsible for any overpaid subsidy and may be offered a
repayment agreement in accordance with the policies in Chapter 16.
If the family share of the rent is to decrease:
The decrease will be effective on the first day of the month following the
month in which the change was reported and all required documentation
was submitted. In cases where the change cannot be verified until after
the date the change would have become effective, the change will be
made retroactively.
PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT
11- III.A. OVERVIEW
After gathering and verifying required information for an annual or interim
reexamination, the PHA must recalculate the family share of the rent and the subsidy
amount, and notify the family and owner of the changes [24 CFR 982.516(d)(2), HCV
12 -6 and 12 -10]. While the basic policies that govern these calculations are provided in
Chapter 6, this part lays out policies that affect these calculations during a
reexamination.
11 -1111.113. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES
In order to calculate the family share of the rent and HAP amount correctly, changes in
payment standards, subsidy standards, or utility allowances may need to be updated
and included in the PHA's calculations.
Specific policies governing how subsidy standards, payment standards, and utility
allowances are applied are discussed below.
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Payment Standards [24 CFR 982.505]
The family share of the rent and HAP calculations must use the correct payment
standard for the family, taking into consideration the family unit size, the size of unit, and
the area in which the unit is located [HCV GB, p. 12 -51. See Chapter 6 for information
on how to select the appropriate payment standard.
When the PHA changes its payment standards or the family's situation changes, new
payment standards are applied at the following times:
• if the PHA's payment standard amount changes during the term of the HAP
contract, the date on which the new standard is applied depends on whether the
standard has increased or decreased:
- If the payment standard amount has increased, the increased payment
standard will be applied at the first annual reexamination following the
effective date of the increase in the payment standard.
- If the payment standard amount has decreased, the decreased payment
standard will be applied at the second annual reexamination following the
effective date of the decrease in the payment standard.
• If the family moves to a new unit, or a new HAP contract is executed due to
changes in the lease (even if the family remains in place) the current payment
standard applicable to the family will be used when the new HAP contract is
processed.
Subsidy Standards [24 CFR 982.505(c)(4)]
If there is a change in the family unit size that would apply to a family during the HAP
contract term, either due to a change in family composition, or a change in the PHA's
subsidy standards (see Chapter 5), the new family unit size must be used to determine
the payment standard amount for the family at the family's first annual reexamination
following the change in family unit size.
Utility Allowances 124 CFR 982.517(d)]
The family share of the rent and HAP calculations must reflect any changes in the
family's utility arrangement with the owner, or in the PHA's utility allowance schedule
[HCV GB, p. 12 -51. Chapter 16 discusses how utility allowance schedules are
established.
When there are changes in the utility arrangement with the owner, the PHA must use
the utility allowances in effect at the time the new lease and HAP contract are executed.
At reexamination, the PHA must use the PHA current utility allowance schedule [24
CFR 982.517(d)(2)].
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Revised utility allowances will be applied to a family's rent and subsidy calculations at
the first annual reexamination after the allowance is adopted.
11- III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT
The PHA must notify the owner and family of any changes in the amount of the HAP
payment [HUD - 52641, HAP Contract]. The notice must include the following information
[HCV GB, p. 12 -6]:
• The amount and effective date of the new HAP payment
• The amount and effective date of the new family share of the rent
The amount and effective date of the new tenant rent to owner
The family must be given an opportunity for an informal hearing regarding the PHA's
determination of their annual or adjusted income, and the use of such income to
compute the housing assistance payment [24 CFR 982.555(a)(1)(i)] (see Chapter 16).
The notice to the family will include the annual and adjusted income amounts that were
used to calculate the family share of the rent and the housing assistance payment. The
notice also will state the procedures for requesting an informal hearing.
11- III.D. DISCREPANCIES
During an annual or interim reexamination, the PHA may discover that information
previously reported by the family was in error, or that the family intentionally
misrepresented information. In addition, the PHA may discover errors made by the
PHA. When errors resulting in the overpayment or underpayment of subsidy are
discovered, corrections will be made in accordance with the policies in Chapter 13.
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Chapter 12
TERMINATION OF ASSISTANCE AND TENANCY
HUD regulations specify the reasons for which a PHA can terminate a family's
assistance, and the ways in which such terminations must take place. They also dictate
the circumstances under which an owner may terminate the tenancy of an assisted
family. This chapter presents the policies that govern voluntary and involuntary
terminations of assistance, and termination of tenancy by the owner. It is presented in
three parts:
Part I: Grounds for Termination of Assistance. This part discusses various
reasons that a family's assistance may be terminated, including voluntary
termination by the family, termination because the family no longer qualifies to
receive subsidy, and termination by the PHA based on the family's behavior.
Part II: Approach to Termination of Assistance. This part describes the policies
that govern how an involuntary termination takes place. It specifies the
alternatives that the PHA may consider in lieu of termination, the criteria the PHA
must use when deciding what action to take, and the steps the PHA must take .
when terminating a family's assistance.
Part 111: Termination of Tenancy by the Owner. This part presents the policies
that govern the owner's right to terminate an assisted tenancy.
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE
12 -I.A. OVERVIEW
HUD requires the PHA to terminate assistance for certain offenses and when the family
no longer requires assistance. HUD ep rmits the PHA to terminate assistance for certain
other actions family members take or fail to take. In addition, a family may decide to
stop receiving HCV assistance at any time by notifying the PHA.
12 -LB. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455]
As a family's income increases, the amount of PHA subsidy goes down. If the amount
of HCV assistance provided by the PHA drops to zero and remains at zero for 180
consecutive calendar days the family's assistance terminates automatically.
If a participating family receiving zero assistance experiences a change in
circumstances that would cause the HAP payment to rise above zero, the family must
notify the PHA of the changed circumstances and request an interim reexamination
before the expiration of the 180 -day period from the date of the last HAP payment made
to the owner.
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12 -I.C. FAMILY CHOOSES TO TERMINATE ASSISTANCE
The family may request that the PHA terminate the family's assistance at any time.
The request to terminate assistance should be made in writing and signed by the head
of household, spouse, co -head or designee (power of attorney). Before terminating the
family's assistance, the PHA will follow the notice requirements in Section 12 -II.E.
12 -I.D. MANDATORY TERMINATION OF ASSISTANCE
HUD requires the PHA to terminate assistance in the following circumstances.
Eviction [24 CFR 982.552(b)(2)]
The PHA must terminate assistance whenever a family is evicted from a unit assisted
under the HCV program for a serious or repeated violation of the lease.
A family will be considered evicted if the family moves after a legal eviction order has
been issued, whether or not physical enforcement of the order was necessary.
If a family moves after the. owner has given the family an eviction notice for serious or
repeated lease violations but before a legal eviction order has been issued, termination
of assistance is not mandatory. However, the PHA will determine whether the family has
committed serious or repeated violations of the lease based on available evidence and
may terminate assistance or take any of the alternative measures described in Section
12 -II.C.
Serious and repeated lease violations will include, but not be limited to, nonpayment of
rent, disturbance of neighbors, destruction of property, or living or housekeeping habits
that cause damage to the unit or premises and criminal activity. The Housing Authority
will take into consideration whether the reason for the eviction was through no fault of
the tenant or guests.
Failure to Provide Consent [24 CFR 982.552(b)(3)]
The PHA must terminate assistance if any family member fails to sign and submit any
consent form they are required to sign for a reexamination. See Chapter 7 for a
complete discussion of consent requirements.
Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)]
The PHA must terminate assistance if (1) a family fails to submit required
documentation within the required timeframe concerning any family member's
citizenship or immigration status; (2) a family submits evidence of citizenship and
eligible immigration status in a timely manner, but United States Citizenship and
Immigration Services (USCIS) primary and secondary verification does not verify
eligible immigration status of the family; or (3) a family member, as determined by the
PHA, has knowingly permitted another individual who is not eligible for assistance to
reside (on a permanent basis) in the unit.
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For (3) above, such termination must be for a period of at least 24 months. This does
not apply to ineligible noncitizens already in the household where the family's
assistance has been prorated. See Chapter 7 for a complete discussion of
documentation requirements.
Failure to Provide Social Security Documentation [24 CFR 5.218(c)]
The PHA must terminate assistance if a participant family fails to provide the
documentation or certification required for any family member who obtains a social
security number, joins the family, or reaches 6 years of age.
Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)]
The PHA must terminate assistance if any household member has ever been convicted
of the manufacture or production of methamphetamine on the premises of federally -
assisted housing.
12 -I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS
Mandatory Policies [24 CFR 982.553(b) and 982.551(1)]
Alcohol Abuse
The PHA will terminate assistance if any household member's abuse or pattern of
abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the
premises by other residents.
The PHA will consider all credible evidence, including but not limited to, any record of
arrests, convictions, or eviction of household members related to the use of illegal drugs
or abuse of alcohol.
In making its decision to terminate assistance, the PHA will consider alternatives as
described in Section 12 -II.0 and other factors described in Section 12-11. D. Upon
consideration of such alternatives and factors, the PHA may, on a case -by -case basis,
choose not to terminate assistance.
Drug - Related and Violent Criminal Activity [24 CFR 5.100]
Drug means a controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
Drug - related criminal activity is defined by HUD as the illegal manufacture, sale,
distribution, or use of a drug, or the possession of a drug with intent to manufacture,
sell, distribute or use the drug.
Violent criminal activity means any criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force substantial enough to cause, or
be reasonably likely to cause, serious bodily injury or property damage.
Currently engaged in is defined as any use of illegal drugs during the previous 12-
months.
The PHA will terminate a family's assistance if any household member is currently
engaged in any illegal use of a drug, or has a pattern of illegal drug use that interferes
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with the health, safety, or right to peaceful enjoyment of the premises by other
residents.
The PHA will terminate a family's assistance if any household member has violated the
family's obligation not to engage in any drug - related or violent criminal activity during
participation in the HCV program.
The PHA will consider all credible evidence, including but not limited to, any record of
arrests and/or convictions of household members related to drug - related or violent
criminal activity, and any eviction or notice to evict based on drug - related or violent
criminal activity.
In making its decision to terminate assistance, the PHA will consider alternatives as
described in Section 12 -II.0 and other factors described in Section 12-11. D. Upon
consideration of such alternatives and factors, the PHA may, on a case -by -case basis,
choose not to terminate assistance.
Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c)]
The PHA will terminate a family's assistance if:
The family has failed to comply with any family obligations under the program.
See Exhibit 12 -1 for a listing of family obligations and related PHA policies.
Any family member has been evicted from federally- assisted housing in the last
(3) years.
Any PHA has ever terminated assistance under the program for any member of
the family.
Any family member has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program.
The family currently owes rent or other amounts to any PHA in connection with the
HCV, Certificate, Moderate Rehabilitation or public housing programs.
The family has breached the terms of a repayment agreement entered into with
the PHA.
A family member has engaged in or threatened violent or abusive behavior toward
PHA personnel.
Abusive or violent behavior towards PHA 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.
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1:
In making its decision to terminate assistance, the PHA will consider alternatives
as described in Section 12 -II.0 and other factors described in Section 12 -II.D.
Upon consideration of such alternatives and factors, the PHA may, on a case -by-
case basis, choose not to terminate assistance.
Family Absence from the Unit 124 CFR 982.312]
If the family is absent from the unit for more than 90 consecutive calendar days, the
family's assistance will be terminated. Notice of termination will be sent in accordance
with Section 12 -II.E.
Families must notify the PHA at least 10 days before leaving the unit if they are going to
be absent from the unit for more than 30 consecutive days. In cases of unforeseen
emergencies, the PHA must be notified at the earliest possible time.
In order to determine if the family is absent from the unit, the PHA may:
• Write letters to the family
• Telephone the family at the unit.
• Interview neighbors
• Verify if utilities are in service
• Check with the post office.
Insufficient Funding [24 CFR 982.454]
The PHA may terminate HAP contracts if the PHA determines, in accordance with HUD
requirements, that funding under the consolidated ACC is insufficient to support
continued assistance for families in the program.
The PHA will determine whether there is sufficient funding to pay for currently assisted
families according to the policies in Part Vlll of Chapter 16. If the PHA determines there
is a shortage of funding, prior to terminating any HAP contracts, the PHA will determine
if any other actions can be taken to reduce program costs. If after implementing all
reasonable cost cutting measures there is not enough funding available to provide
continued assistance for current participants, the PHA will terminate HAP contracts as a
last resort.
Prior to terminating any HAP contracts, the PHA will inform the local HUD field office.
The PHA will terminate the minimum number needed in order to reduce HAP costs to a
level within the PHA's annual budget authority.
If the PHA must terminate HAP contracts due to insufficient funding, the PHA will do so
in accordance with the following criteria and instructions:
The PHA will terminate HAP contracts starting with Category 1 families. The PHA
will only move to the next category when there are no families remaining in the
current category and more HAP contract terminations are necessary.
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DRAFT
Category 1: Families who are "not in good standing" and/or have committed
program fraud at any time during program participation.
Families considered "not in good standing" will be determined based on, but not
limited to the following criteria:
1. Pattern of violation of lease
2. Pattern of violation of family obligations
3. Prior history of incidents involving drug related or violent criminal activity
4. Prior history of threatened or abusive behavior Towards PHA staff
5. Any other actions deemed appropriate for termination by the PHA
Category 2: First In - First Out Terminations
The PHA will terminate families according to the date of the family's admission to
the program, starting with those who have been receiving assistance the longest.
The PHA will base the terminations to families in the following order:
1. Non - elderly, non - disabled single member families.
2. Non - elderly, non - disabled families with no children under the age of 18.
3. Non - elderly, non - disabled families with children under the age of 18.
4. Elderly and disabled families.
PART [I: APPROACH TO TERMINATION OF ASSISTANCE
12 -I I.A. OVERVIEW
The PHA is required by regulation to terminate a family's assistance if certain program
rules are violated. For other types of offenses, the regulations give the PHA the
discretion to either terminate the family's assistance or to take another action. This part
discusses the various actions the PHA may choose to take when it has discretion, and
outlines the criteria the PHA will use to make its decision about whether or not to
terminate assistance. It also specifies the requirements for the notice that must be
provided before terminating assistance.
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DRAFT
12 -11.13. METHOD OF TERMINATION [24 CFR 982.552(a)(3)]
The way in which the PHA terminates assistance depends upon individual
circumstances. HUD permits the PHA to terminate assistance by:
• Terminating housing assistance payments under a current HAP contract,
• Refusing to approve a request for tenancy or to enter into anew HAP contract, or
• Refusing to process a request for or to provide assistance under portability
procedures.
12 -II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE
Change in Household Composition
As a condition of continued assistance, the PHA may require that any household
member who participated in or was responsible for �an offense no longer reside in the
unit [24 CFR 982.552(c)(2)(ii)].
As a condition of continued assistance, the head of household must certify that the
culpable family member has vacated the unit and will not be permitted to visit or to stay
as a guest in the assisted unit. The family must present evidence of the culpable family
member's new address upon PHA request.
Repayment of Family Debts
If a family owes amounts to the PHA, as a condition of continued assistance, the PHA
will require the family to repay the full amount or to enter into a repayment agreement,
within 30 days of receiving notice from the PHA of the amount owed. See Chapter 16
for policies on repayment agreements.
12 -II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE
Evidence
For criminal activity, HUD permits the PHA to terminate assistance if a preponderance
of the evidence indicates that a household member has engaged in the activity,
regardless of whether the household member has been arrested or convicted [24 CFR
982.553(c)].
The PHA will use the concept of the preponderance of the evidence as the standard for
making all termination decisions.
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DRAFT
Preponderance of the evidence 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)(1)]
The PHA will consider the following factors when making its decision to terminate
assistance:
The seriousness of the case, especialiy with respect to how it would affect other
residents
The effects that termination of assistance may have on other members of the
family who were not involved in the action or failure
The extent of participation or culpability of individual family members, including
whether the culpable family member is a minor or a person with disabilities
The length of time since the violation occurred, the family's recent history and the.
likelihood of favorable conduct in the future
In the case of drug or alcohol abuse, whether the culpable household member is
participating in or has successfully completed a supervised drug or alcohol
rehabilitation program or has otherwise been rehabilitated successfully
The PHA will require the participant to submit evidence of the household
member's current participation in or successful completion of a supervised drug
or alcohol rehabilitation program, or evidence of otherwise having been
rehabilitated successfully.
In the case of program abuse, the dollar amount of the overpaid assistance and
whether or not a false certification was signed by the family.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
if a family indicates that the behavior of a family member with a disability is the reason
for a proposed termination of assistance, the PHA will determine whether the behavior
is related to the disability. If so, upon the family's request, the PHA will determine
whether alternative measures are appropriate as a reasonable accommodation. The
PHA will only consider accommodations that can reasonably be expected to address
the behavior that is the basis of the proposed termination of assistance. See Chapter 2
for a discussion of reasonable accommodation.
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DRAFT
12 711.E. TERMINATION NOTICE [HCV GB, p. 15 -7]
If a family's assistance is to be terminated, whether voluntarily or involuntarily, the PHA
must give the family and the owner written notice that specifies:
• The reasons for which assistance has been terminated
• The effective date of the termination
• The family's right to an informal hearing as described in Chapter 16
If a criminal record is the basis of the termination, a copy of the record must accompany
the notice. A copy of the criminal record also must be provided to the subject of the
record [24 CFR 982.553(d)].
When termination is initiated by the PHA, the notice to terminate will be sent to the
family and the owner at least 30 calendar days prior to the effective date of the
termination. However, if a family vacates the unit without informing the PHA; 30 days
notice will not be given. In these cases, the notice to terminate will be sent at the time
the PHA learns the family has vacated the unit. The termination date becomes effective
the date the unit was vacated.
When a family requests to be terminated from the program they must do so in writing to
the PHA (see section 12- I.C.). The PHA will then send a confirmation notice to the
family and the owner within 10 business days of the family's request, but no later than
the termination effective date (as requested by the family).
Notice of Termination Based on Citizenship Status [24 CFR 5.514 (c) and (d)]
The PHA must terminate assistance if:
1. A family fails to submit required documentation within the required timeframe
concerning any family member's citizenship or eligible immigration status
2. Evidence of citizenship and eligible immigration status is submitted timely, but
USCIS primary and secondary verification does not verify eligible immigration
status of a family
3. The PHA determines that a family member has knowingly permitted another
individual who is not eligible for assistance to reside (on a permanent basis)
in the unit.
For (3) above, such termination must be for a period of at least 24 months.
The notice of termination must advise the family of the reasons their assistance is being
terminated, that they may be eligible for proration of assistance, the criteria and
procedures for obtaining relief under the provisions for preservation of families, that they
have the right to request an appeal to the USCIS of the results of secondary verification
of immigration status and to submit additional documentation or a written explanation in
support of the appeal, and that they have the right to request an informal hearing with
the PHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal.
Informal hearing procedures are contained in Chapter 16.
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DRAFT
The notice to terminate will be sent to the family and the owner at least 30 calendar
days prior to the effective date of the termination.
12 -II.F. HOW TERMINATION OF ASSISTANCE AFFECTS THE HAP CONTRACT
AND LEASE
When the family's assistance is terminated, the lease and HAP contract terminate
automatically [Form HUD - 526411.
The owner may offer the family a separate unassisted lease [HCV GB, p. 15 -8].
PART III: TERMINATION OF TENANCY BY THE OWNER
12- III.A. OVERVIEW
Termination of an assisted tenancy is a matter between the owner and the family; the
PHA is not directly involved. However, the owner is under some constraints when
terminating an assisted tenancy, and the reasons for which a tenancy is terminated
dictate whether assistance also will be terminated.
12- III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310
and Form HUD - 52641 -A, Tenancy Addendum]
During the term of the lease, the owner is not permitted to terminate the tenancy except
for serious or repeated violations of the lease, certain violations of state or local law, or
other good cause.
Serious or Repeated Lease Violations
The owner is permitted to terminate the family's tenancy for serious or repeated
violations of the terms and conditions of the lease. This includes failure to pay rent or
other amounts due under the lease. However, the PHA's failure to make a HAP
payment to the owner is not a violation of the lease between the family and the owner.
Violation of Federal, State, or Local Law
The owner is permitted to terminate the tenancy if a family member violates federal,
state, or local law that imposes obligations in connection with the occupancy or use of
the premises.
Criminal Activity or Alcohol Abuse
The owner may terminate tenancy during the term of the lease if any covered person,
meaning any member of the household, a guest or another person under the tenant's
control commits any of the following types of criminal activity (for applicable definitions
see 24 CFR 5.100):
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• Any criminal activity that threatens the health or safety of, or the right to peaceful
enjoyment of the premises by, other residents (including property management
staff residing on the premises);
• Any criminal activity that 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;
• Any violent criminal activity on or near the premises; or
• Any drug - related criminal activity on or near the premises.
The owner may terminate tenancy during the term of the lease if any member of the
household is:
Fleeing to avoid prosecution, custody, or confinement after conviction for a crime
or an attempt to commit a crime that is a felony under the laws of the place from
which the individual flees.
• Violating a condition of probation or parole imposed under federal or state law.
• The owner may terminate tenancy for criminal activity by a household member in
accordance with this section if the owner determines that the household member
has committed the criminal activity, regardless of whether the household member
has been arrested or convicted for such activity.
• The owner may terminate tenancy during the term of the lease if any member of
the household has engaged in abuse of alcohol that threatens the health, safety,
or right to peaceful enjoyment of the premises by other residents.
Evidence of Criminal Activity
The owner may terminate tenancy and evict by judicial action a family for criminal
activity by a covered person if the owner determines they have engaged in the criminal
activity, regardless of arrest or conviction and without satisfying the standard of proof
used for a criminal conviction.
Other Good Cause
During the initial lease term, the owner may not terminate the tenancy for `other good
cause" unless the owner is terminating the tenancy because of something the family did
or failed to do. During the initial lease term or during any extension term, other good
cause includes the disturbance of neighbors, destruction of property, or living or
housekeeping habits that cause damage to the unit or premises.
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DRAFT
After the initial lease term, "other good cause" for termination of tenancy by the owner
includes:
• Failure by the family to accept the offer of a new lease or revision;
• The owner's desire to use the unit for personal or family use, or for a purpose
other than as a residential rental unit; or
• A business or economic reason for termination of the tenancy (such as sale of
the property, renovation of the unit, or desire to lease the unit at a higher rent).
After the initial lease term, the owner may give the family notice at any time, in
accordance with the terms of the lease.
12- III.C. EVICTION [24 CFR 982.310(e) and (f) and Form HUD - 52641 -A, Tenancy
Addendum]
The owner must give the tenant a written notice that specifies the grounds for
termination of tenancy during the term of the lease. The tenancy does not terminate
before the owner has given this notice, and the notice must be given at or before
commencement of the eviction action.
The notice of grounds may be included in, or may be combined with, any owner eviction
notice to the tenant.
Owner eviction notice means a notice to vacate, a complaint or other initial pleading
used under state or local law to commence an eviction action. The owner may only evict
the tenant from the unit by instituting a court action. The owner must give the PHA a
copy of any eviction notice at the same time the owner notifies the family. The family is
also required to give the PHA a copy of any eviction notice (see Chapter 5).
If the eviction action is finalized in court, the owner must provide the PHA with
documentation related to the eviction, including notice of the eviction date, as soon as
possible, but no later than 5 business days following the court - ordered eviction.
12- III.D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(h)]
An owner who has grounds to terminate a tenancy is not required to do so, and may
consider all of the circumstances relevant to a particular case before making a decision.
These might include:
• The seriousness of the offending action;
• The effect on the community of the termination, or of the owner's failure to
terminate the tenancy;
• The extent of participation by the leaseholder in the offending action;
• The effect of termination of tenancy on household members not involved in the
offending activity;
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DRAFT
• The demand for assisted housing by families who will adhere to lease
responsibilities;
• The extent to which the leaseholder has shown personal responsibility and taken
all reasonable steps to prevent or mitigate the offending action,
• The effect of the owner's action on the integrity of the program.
The owner may require a family to exclude a household member in order to continue to
reside in the assisted unit, where that household member has participated in or been
culpable for action or failure to act that warrants termination.
In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by
a household member who is no longer engaged in such behavior, the owner may
consider whether such household member is participating in or has successfully
completed a supervised drug or alcohol rehabilitation program, or has otherwise been
rehabilitated successfully (42 U.S.C. 13661). For this purpose, the owner may require
the tenant to submit evidence of the household member's current participation in, or
successful completion of, a supervised drug or alcohol rehabilitation program or
evidence of otherwise having been. rehabilitated successfully.
The owner's termination of tenancy actions must be consistent with the fair housing and
equal opportunity provisions in 24 CFR 5.105.
12- III.E. EFFECT OF TERMINATION OF TENANCY ON THE FAMILY'S
ASSISTANCE
If a termination is not due to a serious or repeated violation of the lease, and if the PHA
has no other grounds for termination of assistance, the PHA may issue a new voucher
so that the family can move with continued assistance (see Chapter 10).
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u.
EXHIBIT 12 -1: STATEMENT OF FAMILY OBLIGATIONS
Following is a listing of a participant family's obligations under the HCV program.
• The family must supply any information that the PHA or HUD determines to be
necessary, including submission of required evidence of citizenship or eligible
immigration status.
• The family must supply any information requested by the PHA or HUD for use in a
regularly scheduled reexamination or interim reexamination of family income and
composition.
• The family must disclose and verify social security numbers and sign and submit
consent forms for obtaining information.
• Any information supplied by the family must be true and complete.
• The family is responsible for any Housing Quality Standards (HQS) breach by the
family caused by failure to pay tenant - provided utilities or appliances, or damages to
the dwelling unit or premises beyond normal wear and tear caused by any member
of the household or guest.
• The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
The family must not commit any serious or repeated violation of the lease.
The PHA will determine if a family has committed serious or repeated violations
of the lease based on available evidence, including but not limited to, a court -
ordered eviction, or an owner's notice to evict.
Serious and repeated lease violations will include, but not be limited to,
nonpayment of rent, disturbance of neighbors, destruction of property, or living or
housekeeping habits that cause damage to the unit or premises and criminal
activity.
• The family must notify the PHA and the owner before moving out of the unit or
terminating the lease.
The family must comply with lease requirements regarding written notice to the
owner. The family must provide written notice to the PHA at the same time the
owner is notified.
• The family must promptly give the PHA a copy of any owner eviction notice.
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DRAFT
• The family must use the assisted unit for residence by the family. The unit must be
the family's only residence.
• The composition of the assisted family residing in the unit must be approved by the
PHA. The family must promptly notify the PHA in writing of the birth, adoption, or
court - awarded custody of a child. The family must request PHA approval to add any
other family member as an occupant of the unit.
The request to add a family member must be submitted in writing and approved
prior to the person moving into the unit. The PHA will determine eligibility of the
new member in accordance with the policies in Chapter 3.
• The family must promptly notify the PHA in writing if any family member no longer
lives in the unit.
If the PHA has given approval, a foster child or a live -in aide may reside in the unit
The PHA has the discretion to adopt reasonable policies concerning residency by a
foster child or a live -in aide, and to define when PHA consent may be given or
denied.. For policies related to the request and approval /disapproval of foster
children, foster adults, and live -in aides, see Chapter 3 (Sections IX and I.M), and
Chapter 11 (Section ll.B).
The family must not sublease the unit, assign the lease, or transfer the unit.
Subleasing includes receiving payment to cover rent and utility costs by a person
living in the unit who is not listed as a family member.
• The family must supply any information requested by the PHA to verify that the
family is living in the unit or information related to family absence from the unit.
The family must promptly notify the PHA when the family is absent from the unit.
Notice is required under this provision only when all family members will be
absent from the unit for an extended period. An extended period is defined as
any period greater than 30 calendar days. Written notice must be provided to the
PHA 10 days prior to the start of the extended absence.
The family must pay utility bills and provide and maintain any appliances that the
owner is not required to provide under the lease [Form HUD - 52646, Voucher].
• The family must not own or have any interest in the unit, (other than in a cooperative
and owners of a manufactured home leasing a manufactured home space).
• Family members must not commit fraud, bribery, or any other corrupt or criminal act
in connection with the program. (See Chapter 14, Program Integrity for additional
information).
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DRAFT
Family members must not engage in drug- related criminal activity or violent criminal
activity; or other criminal activity that threatens the health, safety or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of the
premises. See Chapter 12 for HUD and PHA policies related to drug - related and
violent criminal activity.
• Members of the household must not engage in abuse of alcohol in a way that
threatens the health, safety or right to peaceful enjoyment of the other residents and
persons residing in the immediate vicinity of the premises. See Chapter 12 for a
discussion of HUD and PHA policies related to alcohol abuse.
• An assisted family or member of the family must not receive HCV program
assistance while receiving another housing subsidy, for the same unit or a different
unit under any other federal, state or local housing assistance program.
A family must not receive HCV program assistance while residing in a unit owned by
a parent, child, grandparent, grandchild, sister or brother of any member of the
family, unless the PHA has determined (and has notified the owner and the family of
such determination) that approving rental of the unit, notwithstanding such
relationship, would provide reasonable accommodation for a family member who is a
person with disabilities. [Form HUD - 52646, Voucher]
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DRAFT
Chapter 13
OWNERS
INTRODUCTION
Owners play a central role in the HCV program by supplying decent, safe, and sanitary
housing for participating families.
The term "owner" refers to any person or entity with the legal right to lease or sublease
a unit to a participant in the HCV program [24 CFR 982.4(b)]. The term "owner" includes
a principal or other interested party [24 CFR 982.453; 24 CFR 982.306(f)], such as a
designated agent of the owner.
Owners have numerous responsibilities under the program, including screening and
leasing to families, maintaining the dwelling unit, enforcing the lease, and complying
with various contractual obligations. However, this chapter is not meant to be an
overview of all aspects of owner participation in the HCV program.
The chapter is organized in two parts:
Part I: Owners in the HCV Pro ram. This part discusses the role of an owner in
the PHA's HCV program and highlights key owner rights and responsibilities.
Part II: HAP Contracts. This part explains provisions of the HAP contract and the
relationship between the PHA and the owner as expressed in the HAP contract.
For detailed information about HCV program responsibilities and processes, including
PHA policies in key areas, owners will need to refer to several other chapters in this
plan. Where appropriate, Chapter 13 will reference the other chapters.
PART I. OWNERS IN THE HCV PROGRAM
13 -I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2 -6]
Recruitment
PHAs are responsible for ensuring that very low income families have access to all
types and ranges of affordable housing in the PHA's jurisdiction, particularly housing
outside areas of poverty or minority concentration. A critical element in fulfilling this
responsibility is for the PHA to ensure that a sufficient number of owners, representing
all types and ranges of affordable housing in the PHA's jurisdiction, are willing to
participate in the HCV program.
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DRAFT
To accomplish this objective, PHAs must identify and recruit new owners to participate
in the program.
The PHA will conduct owner outreach to ensure that owners are familiar with the
program and its advantages. The PHA will actively recruit property owners with property
located outside areas of poverty and minority concentration. These outreach strategies
will include:
Distributing printed material about the program to property owners and
managers
Contacting property owners and managers by phone or in- person
Developing working relationships with owners
The PHA maintains a list of interested landlords /list of units available for the
Section 8 Program and updates this list at least monthly.
Outreach strategies will be monitored for effectiveness, and adapted accordingly.
Retention
In addition to recruiting owners to participate in the HCV program, the PHA must also
provide the kind of customer service that will encourage participating owners to remain
active in the program.
All PHA activities that may affect an owner's ability to lease a unit will be processed as
rapidly as possible, in order to minimize vacancy losses for owners.
The PHA will provide owners with a handbook that explains the program, including HUD
and PHA policies and procedures, in easy -to- understand language.
The PHA will give special attention to helping new owners succeed through activities
such as:
Providing the owner with a designated PHA contact person.
Coordinating inspection and leasing activities between the PHA, the
owner, and the family.
Initiating telephone contact with the owner to explain the inspection
process, and providing an inspection booklet and other resource materials
about HUD housing quality standards.
Providing other written information about how the program operates,
including answers to frequently asked questions.
Additional services may be undertaken on an as- needed basis, and as resources
permit.
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DRAFT
13 -I.B. BASIC HCV PROGRAM REQUIREMENTS
HUD requires the PHA to aid families in their housing search by providing the family
with a list of landlords or other parties known to the PHA who may be willing to lease a
unit to the family, or to help the family find a unit. Although the PHA cannot maintain a
list of owners that are pre - qualified to participate in the program, owners may indicate to
the PHA their willingness to lease a unit to an eligible HCV family, or to help the HCV
family find a unit [24 CFR 982.301(b)(11)].
Owners that wish to indicate their willingness to lease a unit to an eligible HCV family or
to help the HCV family find a unit must notify the PHA. The PHA will maintain a listing of
such owners and provide this listing to the HCV family as part of the informational
briefing packet
When a family approaches an owner to apply for tenancy, the owner is responsible for
screening the family and deciding whether to lease to the family, just as the owner
would with any potential tenant. The PHA has no liability or responsibility to the owner
or other persons for the family's behavior or suitability for tenancy. See chapters 3 and 9
for more detail on tenant family screening policies and process.
If the owner is willing, the family and the owner must jointly complete a Request for
Tenancy Approval (RFTA, Form HUD 52517), which constitutes the family's request for
assistance �in the specified unit, and which documents the owner's willingness to lease
to the family and to follow the program's requirements. When submitted to the PHA, this
document is the first step in the process of obtaining approval for the family to receive
the financial assistance it will need in order to occupy the unit. Also submitted with the
RTA is a copy of the owner's proposed dwelling lease, including the HUD- required
Tenancy Addendum (Form HUD -52641 -A). See Chapter 9 for more detail on request for
tenancy approval policies and process.
HUD regulations stipulate that an assisted tenancy can be approved only under certain
conditions.
The owner must be qualified to participate in the program [24 CFR 982.3061. Some
owners are precluded from participating in the program, or from renting to a particular
family, either because of their past history with this or another federal housing program,
or because of certain conflicts of interest. Owner qualifications are discussed later in
this chapter.
The selected unit must be of a type that is eligible for the program [24 CFR 982.305(a)].
Certain types of dwelling units cannot be assisted under the HCV program. Other types
may be assisted under certain conditions. In addition, the owner must document legal
ownership of the specified unit. See chapter 9 for more detail on unit eligibility policies
and process.
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The selected unit must meet HUD's Housing Quality Standards (HQS) and/or equivalent
state or local standards approved by HUD [24 CFR 982.305(a)]. The PHA will inspect
the owner's dwelling unit at various stages of HCV program participation, to ensure that
the unit continues to meet HQS requirements. See chapter 8 for a discussion of the
HQS standards, as well as the process for HQS inspections at initial lease -up and
throughout the family's tenancy,
The PHA must determine that the cost of the unit is reasonable [24 CFR 982.305(a)].
The rent must be reasonable in relation to comparable unassisted units in the area and
must not be in excess of rents charged by the owner for comparable, unassisted units
on the premises. See chapter 8 for a discussion of requirements and policies on rent
reasonableness, rent comparability and the rent reasonableness determination process.
At initial lease -up of a unit, the PHA must determine that the share of rent to be paid by
the family does not exceed 40 percent of the family's monthly adjusted income [24 CFR
982.305(x)]. See chapter 6 for a discussion of the calculation of family income, family
share of rent and HAP.
The dwelling lease must comply with all program requirements [24 CFR 982.3081.
Owners are encouraged to use their standard leases when renting to an assisted family.
However, the HCV program requires that the Tenancy Addendum, which helps
standardize the tenancy requirements for all assisted families, be added word -for -word
to that lease. See chapter 9 for a discussion of the dwelling lease and tenancy
addendum, including lease terms and provisions.
The PHA and the owner enter into a formal contractual relationship by executing the
Housing Assistance Payment HAP Contract (Form HUD - 52641). The HAP contract
format is prescribed by HUD. See chapter 9 for a discussion of the HAP contract
execution process. Specific HAP contract provisions and responsibilities are discussed
later in this chapter 13.
13 -I.C. OWNER RESPONSIBILITIES [24 CFR 982.452]
The basic owner responsibilities in the HCV program are outlined in the regulations as
follows:
Performing all of the owner's obligations under the Housing Assistance Payments
(HAP) contract and the lease
Performing all management and rental functions for the assisted unit, including
selecting a voucher - holder to lease the unit, and deciding if the family is suitable for
tenancy of the unit
• Maintaining the unit in accordance with the Housing Quality Standards (HQS),
including performance of ordinary and extraordinary maintenance
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• Complying with equal opportunity requirements
• Preparing and furnishing to the PHA information required under the HAP contract
• Collecting from the family any security deposit, the tenant's contribution to rent (that
part of rent to owner not covered by the housing assistance payment from the PHA),
and any charges for unit damage by the family.
• Enforcing tenant obligations under the dwelling lease
• Paying for utilities and services (unless paid by the family under the lease)
• Making modifications to a dwelling unit occupied or to be occupied by a disabled
person [24 CFR 100.203]
13 -I.D. OWNER QUALIFICATIONS
The PHA does not formally approve an owner to participate in the HCV program.
However, there are a number of criteria where the PHA may deny approval of an
assisted tenancy based on past owner behavior, conflict of interest, or other owner -
related issues. No owner has a right to participate in the HCV program [24 CFR
.982.306(e)].
Owners Barred from Participation [24 CFR 982.306(a) and (b)]
The PHA must not approve the assisted tenancy if the PHA 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 PHA 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 -2]
The PHA must not approve an RTA if the owner is the parent, child, grandparent,
grandchild, sister, or brother of any member of the family. The PHA 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.
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Conflict of interest [24 CFR 982.161; HCV GB p. 8 -191
The PHA 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 PHA (except a participant
commissioner)
• Any employee of the PHA, or any contractor, subcontractor or agent of the PHA,
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 PHA must submit a waiver request to the appropriate HUD Field
Office for determination.
Any waiver request submitted by the PHA must include [HCV Guidebook pp. 11 -2 and
11-3]:
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 PHA, 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 bean 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;
• 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;
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• If the case involves employment of a family member by the PHA or assistance under
the HCV program for an eligible PHA 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 PHA, description of the nature of the investment, including disclosure/divestiture
plans.
Where the PHA has requested a conflict of interest waiver, the PHA may not execute
the HAP contract until HUD has made a decision on the waiver request.
In considering whether to request a conflict of interest waiver from HUD, the PHA will
consider 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 PHA, at the PHA's discretion, to refuse to approve a request
for tenancy if the owner has committed any of a number of different actions.
If the PHA disapproves a request for tenancy because an owner is not qualified, it may
not terminate the HAP 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].
The PHA will refuse to approve a request for tenancy if the PHA becomes aware that
any of the following are true:
The owner has violated obligations under a HAP contract under Section 8
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;
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The owner has a history or practice of failing to terminate tenancy of
tenants of units assisted under Section 8 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 PHA, 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.
In considering whether to disapprove owners for any of the discretionary reasons listed
above, the PHA 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
PHA may, on a case -by -case basis, choose to approve an owner.
Legal Ownership of Unit
The following represents PHA policy on legal ownership of a dwelling unit to be assisted
under the HCV program.
The PHA 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.
Acceptable proof of ownership is listed as follows:
• Deed of Trust /Grant Deed
Proof of taxes for most recent year
13 -I.E. NON - DISCRIMINATION [HAP Contract — Form HUD - 526411
The owner must not discriminate against any person because of race, color, religion,
sex, national origin, age, familial status, or disability, in connection with any actions or
responsibilities under the HCV program and the HAP contract with the PHA.
The owner must cooperate with the PHA and with HUD in conducting any equal
opportunity compliance reviews and complaint investigations in connection with the
HCV program and the HAP contract with the PHA.
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See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity
requirements in the HCV program.
PART II. HAP CONTRACTS
13 -II.A. OVERVIEW
The HAP contract represents a written agreement between the PHA and the owner of
the dwelling unit occupied by a HCV assisted family. The contract spells out the owner's
responsibilities under the program, as well as the PHA's obligations. Under the HAP
contract, the PHA 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 PHA's HCV program.
If the PHA has given approval for the family of the assisted tenancy, the owner. and the
PHA 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 HAP 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 PHA and owner [HCV Guidebook, pp 1110 and 11 -111.
In general, the HAP contract cannot be modified. However, PHAs do have the discretion
to add language to Part A of the HAP contract which prohibits the owner from collecting
a security deposit in excess of private market practices or in excess of amounts charged
to unassisted tenants. PHA policy on the amount of security deposit an owner may
collect is found in chapter 9.
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In addition, PHAs have the discretion to add language to Part A of the HAP contract that
defines when the housing assistance payment by the PHA is deemed received by the
owner (e.g., upon mailing by the PHA or actual receipt by the owner).
The PHA has not adopted a policy that defines when the housing assistance payment
by the PHA 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 contained in Part B of the HAP contract are outlined elsewhere in this
plan. Topics addressed in Part B include: .
• Lease of Contract Unit
• Maintenance, Utilities, and Other Services
• Term of HAP Contract
• Provision and Payment of Utilities and Appliances
• Rent to Owner: Reasonable Rent
• PHA Payment to Owner
• Prohibition of Discrimination
• Owner's Breach of HAP Contract
• PHA and HUD Access to Premises and Owner's Records
• Exclusion of Third Party Rights
• Conflict of interest
• Assignment of the HAP Contract
Written Notices
• Entire Agreement Interpretation
Part C of the contract includes the Tenancy Addendum (Form HUD - 52641 -A). The
addendum sets forth the tenancy requirements for the program and the composition of
the household, as approved by the PHA. The owner must sign the HUD Tenancy
Addendum with the prospective tenant, and the tenant has the right to enforce the
Tenancy Addendum against the owner. The terms of the Tenancy Addendum prevail
over any other provisions of the lease.
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13 -II.C. HAP CONTRACT PAYMENTS
General
During the term of the HAP contract, and subject to the provisions of the HAP contract,
the PHA must make monthly HAP payments to the owner on behalf of the family, at the
beginning of each month. If a lease term begins after the first of the month, the HAP
payment for the first month is prorated for a partial month.
The amount of the HAP payment is determined according to the policies described in
Chapter 6, and is subject to change during the term of the HAP contract. The PHA must
notify the owner and the family in writing of any changes in the HAP payment.
HAP payments can be made only during the lease term, and only while the family is
residing in the unit.
The monthly HAP payment by the PHA is credited toward the monthly rent to owner
under the family's lease. The total of the rent paid by the tenant, plus the PHA HAP
payment, should be equal to the rent specified in the lease (the rent to owner).
The family is not responsible for payment of the HAP payment, and the PHA is not
responsible for payment of the family share of rent.
The family's share of the rent cannot be more than the difference between the total rent
to the owner and the HAP payment. The owner may not demand or accept any rent
payment from the tenant in excess of this maximum [24 CFR 982,451(b)(4)]. The owner
may not charge the tenant extra amounts for items customarily included in rent in the
locality, or provided at no additional cost to unsubsidized tenants in the premises [24
C F R 982.510(c)]. See chapter 9 for a discussion of separate, non -lease agreements for
services, appliances and other items that are not included in the lease.
If the owner receives any excess HAP from the PHA, the excess amount must be
returned immediately. If the PHA determines that the owner is not entitled to all or a
portion of the HAP, the PHA may deduct the amount of overpayment from any amounts
due to the owner, including amounts due under any other Section 8 HCV contract. See
Chapter 16 for additional detail on owner reimbursement of HAP overpayments.
Owner Certification of Compliance
Unless the owner complies with all provisions of the HAP contract, the owner is not
entitled to receive housing assistance payments under the HAP contract [HAP Contract
— Form HUD- 52641].
By endorsing the monthly check from the PHA, the owner certifies to compliance with
the terms of the HAP contract. This includes certification that the owner is maintaining
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the unit and premises in accordance with HQS; that the contract unit is leased to the
tenant family and, to the best of the owner's knowledge, the family resides in the unit as
the family's only residence; the rent to owner does not exceed rents charged by the
owner for comparable unassisted units on the premises; and that the owner does not
receive (other than rent to owner) any additional payments or other consideration for
rent of the contract unit during the HAP term.
Late HAP Payments [24 CFR 982.451(a)(5)]
The PHA is responsible for making HAP payments promptly when due to the owner, in
accordance with the terms of the HAP contract. After the first two calendar months of
the HAP contract term, the HAP contract provides for penalties if the PHA fails to make
the HAP payment on time.
Penalties for late HAP payments can only be imposed if 1 � the penalties are in
accordance with generally accepted local rental market practices and law governing
penalties for late payment by tenants; 2) it is the owner's normal business practice to
charge late payment penalties for both assisted and unassisted families; and 3) the
owner charges the assisted family for late payment of the family's share of the rent.
Proof of "Mailed to" date will be the:
Date the HAP Register was run
Proof of "Received by Owner" will be:
(5) Five calendar days after date of mailing by PHA
The PHA is not required to pay a late payment penalty if HUD determines that the
payment is late for reasons beyond the PHA's control. In addition, late payment
penalties are not required if the PHA intentionally delays or denies payment as a
remedy to an owner breach of the HAP contract [HCV Guidebook p. 11 -7].
Termination of HAP Payments 124 CFR 982.311(b)]
The PHA 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 PHA 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.
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The owner must inform the PHA when the owner has initiated eviction proceedings
against the family and the family continues to reside in the unit.
The owner must inform the PHA when the owner has obtained a court judgment or
other process allowing the owner to evict the tenant, and provide the PHA 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 PHA will continue to make HAP payments to the owner until the
family actually moves from the unit or until the family is physically evicted from the unit,
whichever is earlier. The owner must inform the PHA 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 HAP contract under
Section 8
• If the owner has committed fraud, bribery or any other corrupt or criminal act in
connection 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 PHA determines that a breach of the HAP contract has occurred, it may exercise
any of its rights and remedies under the HAP contract.
The PHA 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 housing assistance payment, termination of the payment
or termination the HAP contract. The PHA may also obtain additional relief by judicial
order or action.
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The PHA 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 PHA must provide the owner with written notice of any
reduction in housing assistance payments or the termination of the HAP contract,
Before the PHA invokes a remedy against an owner, the PHA will evaluate all
information and documents available to determine if the contract has been breached.
If relevant, the PHA 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 PHA 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 982.451(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 and 11 -5, pg. 15 -3]:
• The owner or the family terminates the lease;
• The lease expires;
• The PHA terminates the HAP contract;
• The PHA 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 PHA made the last housing
assistance payment to the owner;
The family is absent from the unit for longer than the maximum period permitted
by the PHA;
• The Annual Contributions Contract (ACC) between the PHA and HUD expires
• The PHA elects to terminate the HAP contract.
The PHA 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];
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The unit does not meet HQS size requirements due to change in family
composition [24 CFR 982.403] -- see chapter 8;
The unit does not meet HQS [24 CFR 982.404] — see chapter 8;
The family breaks up [HUD Form 52641] — see chapter 3;
The owner breaches the HAP contract [24 CFR 982.453(b)] — see Section
13 -II.D.
If the PHA terminates the HAP contract, the PHA must give the owner and the family
written notice. The notice must specify the reasons for the termination and the effective
date of the termination. Once a HAP contract is terminated, no further HAP payments
may be made under that contract [HCV Guidebook pg. 15-4].
In all cases, the HAP contract terminates at the end of the calendar month that follows
the calendar month in which the PHA gives written notice to the owner. The owner is not
entitled to any housing assistance payment after this period, and must return to the PHA
any housing assistance payment received after this period.
If the family moves from the assisted unit into a new unit, even if the new unit is in the
same building or complex as the assisted unit, the HAP contract for the assisted unit
terminates. A new HAP contract would be required [HCV GB, p. 11 -17].
When the family moves from an assisted unit into a new unit, the term of the HAP
contract for the new unit may begin in the same month in which the family moves out of
its old unit. This is not considered a duplicative subsidy [HCV GB, p. 8 -22].
13 -II.F. CHANGE IN OWNERSHIP 1 ASSIGNMENT OF THE HAP CONTRACT
[HUD-52641]
The HAP contract cannot be assigned to a new owner without the prior written consent
of the PHA.
An owner under a HAP contract must notify the PHA in writing prior to a change in the
legal ownership of the unit. The owner must supply all information as requested by the
PHA.
Prior to approval of assignment to a new owner, the new owner must agree to be bound
by and comply with the HAP contract. The agreement between the new owner and the
former owner must be in writing and in a form that the PHA finds acceptable. The new
owner must provide the PHA with a copy of the executed agreement.
Assignment of the HAP contract will be approved only if the new owner is qualified to
become an owner under the HCV program according to the policies in Section 13 -I.D. of
this chapter.
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The PHA must receive a signed, written request from the existing owner stating the
name and address of the new HAP payee and the effective date of the assignment in
order to change the HAP payee under an outstanding HAP contract.
Within 10 business days of receiving the owner's request, the PHA will inform the
current owner in writing whether the assignment may take place.
The new owner must provide a written certification to the PHA that includes:
A copy of the escrow statement or other document showing the transfer of
title and recorded deed;
A copy of the owner's IRS Form W -9, Request for Taxpayer Identification
Number and Certification, or the social security number of the new owner;
The effective date of the HAP contract assignment;
A written agreement to comply with the terms of the HAP contract; and
Confirmation that the new owner is not a prohibited relative.
If the new owner does not agree to an assignment of the HAP contract, or fails to
provide the necessary documents, the PHA will terminate the HAP contract with
the old owner. If the new owner wants to offer the family a new lease, and the
family elects to stay with continued assistance, the PHA will process the leasing
in accordance with the policies in chapter 9.
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Chapter 14
PROGRAM INTEGRITY
INTRODUCTION
The PHA is committed to ensuring that subsidy funds made available to the PHA are
spent in accordance with HUD requirements.
This chapter covers HUD and PHA policies designed to prevent, detect, investigate and
resolve instances of program abuse or fraud. It also describes the actions that will be
taken in the case of unintentional errors and omissions.
Part l: Preventing, Detecting, and Investigating Errors and Program Abuse. This
part presents PHA policies related to preventing, detecting, and investigating
errors and program abuse.
Part Il: Corrective Measures and Penalties. This part describes the corrective
measures the PHA must and may take when errors or program abuses are
found.
PART I: PREVENTING, DETECTING, AND
INVESTIGATING ERRORS AND PROGRAM ABUSE
14 -I.A. PREVENTING ERRORS AND PROGRAM ABUSE
The PHA anticipates that the vast majority of families, owners, and PHA employees
intend to and will comply with program requirements and make reasonable efforts to
avoid errors.
To ensure that the PHA's HCV program is administered effectively and according to the
highest ethical and legal standards, the PHA will employ a variety of techniques to
ensure that both errors and intentional program abuse are rare.
The PHA will discuss program compliance and integrity issues during the voucher
briefing sessions described in Chapter 5.
The PHA will provide each applicant and participant with the publication Things You
Should Know (HUD-1 140-01G) that explains the types of actions a family must avoid
and the penalties for program abuse,
The PHA will place a warning statement about the penalties for fraud (as described in
the False Statement Act, U.S.C. 1001 and 1010) on key PHA forms and form letters that
request information from a family or owner.
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PHA staff will be required to review and explain the contents of all HUD- and PHA -
required forms prior to requesting family member signatures.
The PHA will require first -time owners (or their agents) to participate in a briefing session on
HAP contract requirements.
The PHA will provide each PHA employee with the necessary training on program rules
and the organization's standards of conduct and ethics.
For purposes of this chapter the term error refers to an unintentional error or omission.
Program abuse or fraud refers to a single act or pattern of actions that constitute a false
statement, omission, or concealment of a substantial fact, made with the intent to
deceive or mislead.
14 -I.B. DETECTING ERRORS AND PROGRAM ABUSE
In addition to taking steps to prevent errors and program abuse, the PHA will use a
variety of activities to detect errors and program abuse.
Quality Control and Analysis of Data
Under the Section 8 Management Assessment Program (SEMAP), HUD requires the
PHA to review a random sample of tenant records annually to determine if the records .
conform to program requirements and to conduct quality control inspections of a sample
of units to ensure HQS compliance [24 CFR, Part 9851.,(See Chapter 16 for additional
information about SEMAP requirements).
In addition to the SEMAP quality control requirements, the PHA will employ a variety of
methods to detect errors and program abuse.
The PHA routinely will use available sources of up -front income verification to compare
with family - provided information.
At each annual reexamination, current information provided by the family will be
compared to information provided at the last annual reexamination to identify
inconsistencies and incomplete information.
The PHA will compare family - reported income and expenditures to detect possible
unreported income.
Independent Audits and HUD Monitoring
OMB Circular A -133 requires all PHAs that expend $500,000 or more in federal awards
annually to have an independent audit (IPA). In addition, HUD conducts periodic on -site
and automated monitoring of PHA activities and notifies the PHA of errors and potential
cases of program abuse.
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The PHA will use the results reported in any IPA or HUD monitoring reports to identify
potential program abuses as well as to assess the effectiveness of the PHA's error
detection and abuse prevention efforts.
Individual Reporting of Possible Errors and Program Abuse
The PHA will encourage staff, program participants, and the public to report possible
program abuse.
114 -I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE
When the PHA Will Investigate
The PHA will review all referrals, specific allegations, complaints, and tips from any
source including other agencies, companies, and individuals, to determine if they
warrant investigation. In order for the PHA to investigate, the allegation must contain at
least one independently - verifiable item of information, such as the name of an employer
or the name of an unauthorized household member.
The PHA will investigate inconsistent information related to the family that is identified
through file reviews and the verification process.
Consent to Release of Information [24 CFR 982.516]
The PHA may investigate possible instances of error or abuse using all available PHA
and public records. If necessary, the PHA will require HCV families to give consent to
the release of additional information.
Analysis and Findings
The PHA will base its evaluation on a preponderance of the evidence collected during
its investigation.
Preponderance of the evidence 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
that as a whole shows that the fact sought to be proved is more probable than not.
Preponderance of evidence may not be determined by the number of witnesses, but by
the greater weight of all evidence
For each investigation the PHA will determine (1) whether an error or program abuse
has occurred, (2) whether any amount of money is owed the PHA, and (3) what
corrective measures or penalties will be assessed.
Consideration of Remedies
All errors and instances of program abuse must be corrected prospectively. Whether the
PHA will enforce other corrective actions and penalties depends upon the nature of the
error or program abuse.
In the case of family- caused errors or program abuse, the PHA will take into
consideration (1) the seriousness of the offense and the extent of participation or
culpability of individual family members, (2) any special circumstances surrounding the
case, (3) any mitigating circumstances related to the disability of a family member, (4)
the effects of a particular remedy on family members who were not involved in the
offense.
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In the case of owner - caused errors or program abuse, the PHA will take into
consideration (1) the seriousness of the offense, (2) the length of time since the
violation has occurred, and (3) the effects of a particular remedy on family members
who were not involved in the offense.
Notice and Appeals
The PHA will inform the relevant party in writing of its findings and remedies within 10
business days of the conclusion of the investigation. The notice will include (1) a
description of the error or program abuse, (2) the basis on which the PHA determined
the error or program abuses, (3) the remedies to be employed, and (4) the family's right
to appeal the results through the informal review or hearing process, if applicable (see
Chapter 16).
PART II: CORRECTIVE MEASURES AND PENALTIES
14 -II.A. SUBSIDY UNDER- OR OVERPAYMENTS
A subsidy under- or overpayment includes (1) an incorrect housing assistance payment
to the owner, (2) an incorrect family share established for the family, and (3) an
incorrect utility reimbursement to a family.
Corrections
Whether the incorrect subsidy determination is an overpayment or underpayment of
subsidy, the PHA must promptly correct the HAP, family share, and any utility
reimbursement prospectively.
Increases in the family share will be implemented only after the family has received 30
days notice.
Any decreases in family share will become effective the first of the month following the
discovery of the error.
Reimbursement
Whether the family or owner is required to reimburse the PHA or the PHA is required to
make retroactive subsidy payments to the owner or family depends upon which party is
responsible for the incorrect subsidy payment and whether the action taken was an
error or program abuse. Policies regarding reimbursement are discussed in the three
sections that follow.
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14 -II.B. FAMILY- CAUSED ERRORS AND PROGRAM ABUSE
Family obligations and general administrative requirements for participating in the
program are discussed throughout this plan. This section deals specifically with errors
and program abuse by family members.
An incorrect subsidy determination caused by a family generally would be the result of
incorrect reporting of family composition, income, assets, or expenses, but also would
include instances in which the family knowingly allows the PHA to use incorrect
information provided by a third party.
Family Reimbursement to PHA [HCV GB pp. 22 -12 to 22 -13]
In the case of family- caused errors or program abuse, the family will be required to
repay any excess subsidy received. The PHA may, but is not required to, offer the
family a repayment agreement in accordance with Chapter 16. If the family fails to repay
the excess subsidy, the PHA will terminate the family's assistance in accordance with
the policies in Chapter 12.
PHA Reimbursement to Family [HCV GB p. 22 -12]
The PHA will not reimburse the family for any underpayment of assistance when the
underpayment clearly is caused by the family.
Prohibited Actions
An applicant or participant in the HCV program must not knowingly:
• Make a false statement to the PHA [Title 18 U.S.C. Section 1001].
• Commit fraud, bribery, or any other corrupt or criminal act in connection with
any federal housing program [24 CFR 982.552(c)(iv)].
Any of the following will be considered evidence of family program abuse:
Payment to the owner in excess of amounts authorized by the PHA for rent,
security deposit, and additional services
Offering bribes or illegal gratuities to the PHA Board of Commissioners,
employees, contractors, or other PHA representatives
Offering payments or other incentives to the owner or a third party as an
inducement for the third party to make false or misleading statements to the PHA
on the family's behalf
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Use of a false name or the use of falsified, forged, or altered documents
Intentional misreporting of family information or circumstances (e.g. income,
family composition)
Omitted facts that were obviously known by a family member (e.g., not reporting
employment income)
Admission of program abuse by an adult family member
The PHA may determine other actions to be program abuse based upon a
preponderance of the evidence, as defined earlier in this chapter.
Penalties for Program Abuse
In the case of program abuse caused by a family the PHA may, at its discretion, impose
any of the following remedies.
• The PHA may require the family to repay excess subsidy amounts paid by the
PHA, as described earlier in this section.
• The P.HA may require, as a condition of receiving or continuing assistance, that a
culpable family member not reside in the unit. See policies in Chapter 3 (for
applicants) and Chapter 12 (for participants).
• The PHA may deny or terminate the family's assistance following the policies set
forth in Chapter 3 and Chapter 12 respectively.
• The PHA may refer the family for state or federal criminal prosecution as
described in section 14 -II.E.
14 -II.C. OWNER - CAUSED ERROR OR PROGRAM ABUSE
Owner requirements that are part of the regular process of offering, leasing, and
maintaining a unit (e.g., HQS compliance, fair housing) are addressed in the appropriate
chapters of this plan. This section focuses on errors and program abuse by owners.
An incorrect subsidy determination caused by an owner generally would be the result of
an incorrect owner statement about the characteristics of the assisted unit (e.g., the
number of bedrooms, which utilities are paid by the family). It also includes accepting
duplicate housing assistance payments for the same unit in the same month, or after a
family no longer resides in the unit.
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Owner Reimbursement to the PHA
In all cases of overpayment of subsidy caused by the owner, the owner must repay to
the PHA any excess subsidy received. The PHA may recover overpaid amounts by
withholding housing assistance payments due for subsequent months, or if the debt is
large, the PHA may allow the owner to pay in installments over a period of time [HCV
GB p. 22 -13].
In cases where the owner has received excess subsidy, the PHA will require the owner
to repay the amount owed in accordance with the policies in Section 16-IV.B.
Prohibited Owner Actions
An owner participating in the HCV program must not:
Make any false statement to the PHA [Title 18 U.S.C. Section 1001].
• Commit fraud, bribery, or any other corrupt or criminal act in connection with
any federal housing program [24 CFR 982.453(a)(3)] including:
Any of the following will be considered evidence of owner program abuse:
Charging the family rent above or below the amount specified by the PHA
Charging a security deposit other than that specified in the family's lease
Charging the family for services that are provided to unassisted tenants at no
extra charge
Knowingly accepting housing assistance payments for any month(s) after the
family has vacated the unit
Knowingly accepting incorrect or excess housing assistance payments
Offering bribes or illegal gratuities to the PHA Board of Commissioners,
employees, contractors, or other PHA representatives
Offering payments or other incentives to an HCV family as an inducement for the
family to make false or misleading statements to the PHA
Residing in the unit with an assisted family
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Remedies and Penalties
When the PHA determines that the owner has committed program abuse, the PHA may
take any of the following actions:
• Require the owner to repay excess housing assistance payments, as discussed
earlier in this section and in accordance with the policies in Chapter 16.
• Terminate the HAP contract (See Chapter 13).
Bar the owner from future participation in any PHA programs.
• Refer the case to state or federal officials for criminal prosecution as described in
section 14 -II.E.
14 -II.D. PHA - CAUSED ERRORS OR PROGRAM ABUSE
The responsibilities and expectations of PHA staff with respect to normal program
administration are discussed throughout this plan. This section specifically addresses
actions of a PHA staff member that are considered errors or program abuse related to
the HCV program. Additional standards of conduct may be provided in the PHA .
personnel policy.
PHA - caused incorrect subsidy determinations include (1) failing to correctly apply HCV
rules regarding family composition, income, assets, and expenses, (2) assigning the
incorrect voucher size to a family, and (3) errors in calculation.
Repayment to the PHA
Neither a family nor an owner is required to repay an overpayment of subsidy if the error
or program abuse is caused by PHA staff [HCV GB. 22 -12).
PHA Reimbursement to Family or Owner
The PHA must reimburse a family for any underpayment of subsidy, regardless of
whether the underpayment was the result of staff - caused error or staff or owner
program abuse. Funds for this reimbursement must come from the PHA's administrative
fee reserves [HCV GB p. 22 -12].
Prohibited Activities
Any of the following will be considered evidence of program abuse by PHA staff:
Failing to comply with any HCV program requirements for personal gain
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Failing to comply with any HCV program requirements as a result of a conflict of
interest relationship with any applicant, participant, or owner
Seeking or accepting anything of material value from applicants, participating
families, vendors, owners, contractors, or other persons who provide services or
materials to the PHA
Disclosing confidential or proprietary information to outside parties
Gaining profit as a result of insider knowledge of PHA activities, policies, or
practices
Misappropriating or misusing HCV funds
Destroying, concealing, removing, or inappropriately using any records related to
the HCV program
Committing any other corrupt or criminal act in connection with any federal
housing program
14 -II.E. CRIMINAL PROSECUTION
When the PHA determines that program abuse by an owner, family, or PHA staff
member has occurred and the amount of overpaid subsidy meets or exceeds the
threshold for prosecution under local or state law, the PHA will refer the matter to,the
appropriate entity for prosecution. When the amount of overpaid assistance meets or
exceeds the federal threshold, the case will also be referred to the HUD Office of
Inspector General (OIG).
Other criminal violations related to the HCV program will be referred to the appropriate
local, state, or federal entity.
14 -II.F. FRAUD AND PROGRAM ABUSE RECOVERIES
The PHA may retain a portion of program fraud losses that the PHA recovers from a
family or owner through litigation, court order, or a repayment agreement [24 CFR
982.163].
The PHA must be the principal party initiating or sustaining the action to recover
amounts due from tenants that are due as a result of fraud and abuse. 24 CFR 792.202
permits the PHA to retain the greater of:
• 50 percent of the amount it actually collects from a judgment, litigation (including
settlement of a lawsuit) or an administrative repayment agreement, or
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v�
Reasonable and necessary costs that the PHA incurs related to the collection
including costs of investigation, legal fees, and agency collection fees.
The family must be afforded the opportunity for an informal hearing in accordance with
requirements in 24 CFR 982.555.
If HUD incurs costs on behalf of the PHA related to the collection, these costs must be
deducted from the amount retained by the PHA.
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Chapter 15
SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M]
INTRODUCTION
The PHA may permit a family to use any of the special housing types discussed in this
chapter. However, the PHA is not required to permit families receiving assistance in its
jurisdiction to use these housing types, except that PHAs must permit use of any special
housing type if needed as a reasonable accommodation for a person with a disability.
The PHA also may limit the number of families who receive HCV assistance in these
housing types and cannot require families to use a particular housing type. No special
funding is provided for special housing types.
PHA Polic
Families will not be permitted to use any special housing types, unless use is
needed as a reasonable accommodation so that the program is readily
accessible to a person with disabilities.
Special housing types include single room occupancy (SRO), congregate housing,
group homes, shared housing, cooperative housing, manufactured homes where the
family owns the home and leases the space, and homeownership [24 CFR 982.601].
This chapter consists of the following seven parts. Each part contains a description of
the housing type and any special requirements associated with it. Except as modified by
this chapter, the general requirements of the HCV program apply to special housing
types.
Part I: Single Room Occu anc
Part II: Congregate Housing
Part III: Group Homes
Part IV: Shared Housi
Part V: Cooperative Housing
Part VI: Manufactured Homes (including manufactured homes ace rental
Part VII: Homeownership
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PART I. SINGLE ROOM OCCUPANCY
[24 CFR 982.602 through 982.605]
15 -I.A. OVERVIEW
A single room occupancy (SRO) unit provides living and sleeping space for the
exclusive use of the occupant but requires the occupant to share sanitary and/or food
preparation facilities with others. More than one person may not occupy an SRO unit.
HCV regulations do not limit the number of units in an SRO facility, but the size of a
facility may be limited by local ordinances.
When providing HCV assistance in an SRO unit, a separate lease and HAP contract are
executed for each assisted person, and the standard form of the HAP contract is used,
15 -I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
The payment standard for SRO housing is 75 percent of the 0- bedroom payment
standard amount on the PHA's payment standard schedule.
The utility allowance for an assisted person residing in SRO housing is 75 percent of the
zero bedroom utility allowance.
The HAP for an assisted occupant in an SRO facility is the lower of the SRO payment
standard amount minus the TTP or the gross rent for the unit minus the TTP.
15 -I.C. HOUSING QUALITY STANDARDS (HQS)
HQS requirements described in Chapter 8 apply to SRO housing except as modified
below.
Access: Access doors to the SRO unit must have working locks for privacy. The
occupant must be able to access the unit without going through any other unit. Each
unit must have immediate access to two or more approved means of exit from the
building, appropriately marked and leading to safe and open space at ground level.
The SRO unit must also have any other means of exit required by State or local law.
• Fire Safety: All SRO facilities must have a sprinkler system that protects major
spaces. "Major spaces" are defined as hallways, common areas, and any other
areas specified in local fire, building, or safety codes. SROs must also have hard-
wired smoke detectors, and any other fire and safety equipment required by state or
local law.
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Sanitary facilities and space and security standards must meet local code
requirements for SRO housing. In the absence of local code standards the
requirements discussed below apply [24 CFR 982.605].
• Sanitary Facilities: At least one flush toilet that can be used in privacy, a lavatory
basin, and a bathtub or shower in proper operating condition must be provided for
each six persons (or fewer) residing in the SRO facility. If the SRO units are leased
only to men, flush urinals may be substituted for up to one half of the required
number of toilets. Sanitary facilities must be reasonably accessible from a common
hall or passageway, and may not be located more than one floor above or below the
SRO unit. They may not be located below grade unless the SRO units are located
on that level.
Space and Security: An SRO unit must contain at least 110 square feet of floor
space, and at least four square feet of closet space with an unobstructed height of at
least five feet, for use by the occupant. If the closet space is less than four square
feet, the habitable floor space in the SRO unit must be increased by the amount of
the deficiency. Exterior doors and windows accessible from outside the SRO unit
must be lockable.
Because no children live in SRO housing, the housing quality standards applicable
to lead -based paint do not apply.
PART II. CONGREGATE HOUSING
[24 CFR 982.606 through 982.609]
15 -II.A. OVERVIEW
Congregate housing is intended for use by elderly persons or persons with disabilities.
A congregate housing facility contains a shared central kitchen and dining area and a
private living area for the individual household that includes at least a living room,
bedroom and bathroom. Food service for residents must be provided.
If approved by the PHA, a family member or live -in aide may reside with the elderly
person or person with disabilities. The PHA must approve a live -in aide if needed as a
reasonable accommodation so that the program is readily accessible to and usable by
persons with disabilities.
When providing HCV assistance in congregate housing, a separate lease and HAP
contract are executed for each assisted family, and the standard form of the HAP
contract is used.
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15 -II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
The payment standard for an individual unit in a congregate housing facility is based on
the number of rooms in the private living area, If there is only one room in the unit (not
including the bathroom or the kitchen, if a kitchen is provided), the PHA must use the
payment standard for a 0- bedroom unit. If the unit has two or more rooms (other than
the bathroom and the kitchen), the PHA must use the 1- bedroom payment standard.
The HAP for an assisted occupant in a congregate housing facility is the lower of the
applicable payment standard minus the TTP or the gross rent for the unit minus the
TTP.
The gross rent for the unit for the purpose of calculating HCV assistance is the shelter
portion (including utilities) of the resident's monthly housing expense only. The
residents' costs for food service should not be included in the rent for a congregate
housing unit.
15 -II.C. HOUSING QUALITY STANDARDS
HQS requirements as described in Chapter 8 apply to congregate housing except for
the requirements stated below.
Congregate housing must have (1) a refrigerator of appropriate size in the private
living area of each resident; (2) a central kitchen and dining facilities located
within the premises and accessible to the residents, and (3) food service for the
residents, that is not provided by the residents themselves.
The housing quality standards applicable to lead -based paint do not apply.
PART III. GROUP HOME
[24 C F R 982.610 through 982,614 and HCV GB p. 7 -4]
15- III.A. OVERVIEW
A group home is a state - licensed facility intended for occupancy by elderly persons
and /or persons with disabilities. Except for live -in aides, all persons living in a group
home, whether assisted or not, must be elderly persons or persons with disabilities.
Persons living in a group home must not require continuous medical or nursing care.
A group home consists of bedrooms for residents, which can be shared by no more
than two people, and a living room, kitchen, dining area, bathroom, and other
appropriate social, recreational, or community space that may be shared with other
residents.
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No more than 12 persons may reside in a group home including assisted and
unassisted residents and any live -in aides.
If approved by the PHA, a live -in aide may live in the group home with a person with
disabilities. The PHA must approve a live -in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
disabilities.
When providing HCV assistance in a group home, a separate lease and HAP contract is
executed for each assisted family, and the standard form of the HAP contract is used.
15- III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
Unless there is a live -in aide, the family unit size for an assisted occupant of a group
home must be d- or 1- bedroom, depending on the PHA's subsidy standard. If there is a
live -in aide, the aide must be counted in determining the household's unit size.
The payment standard used to calculate the HAP is the lower of the payment standard
for the family unit size or the prorata share of the payment standard for the group home
size. The prorata share is calculated by dividing the number of persons in the assisted
household by the number of persons (assisted and unassisted) living in the group
home.
The HAP for an assisted occupant in a group home is the lower of the payment
standard minus the TTP or the gross rent minus the TTP.
The utility allowance for an assisted occupant in a group home is the prorata share of
the utility allowance for the group home.
The rents paid for participants residing in group homes are subject to generally
applicable standards for rent reasonableness. The rent for an assisted person must not
exceed the prorata portion of the reasonable rent for the group home. In determining
reasonable rent, the PHA should consider whether sanitary facilities and facilities for
food preparation and service are common facilities or private facilities.
15- III.C. HOUSING QUALITY STANDARDS
HQS requirements described in Chapter 8 apply to group homes except for the
requirements stated below.
Sanitary Facilities: A group home must have at least one bathroom in the facility,
with a flush toilet that can be used in privacy, a fixed basin with hot and cold running
water, and a shower or bathtub with hot and cold running water. A group home may
contain private or common bathrooms. However, no more than four residents can be
required to share a bathroom.
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• Food Preparation and Service: Group home units must contain a kitchen and dining
area with adequate space to store, prepare, and serve food. The facilities for food
preparation and service may be private or may be shared by the residents. The
kitchen must contain a range, an oven, a refrigerator, and a sink with hot and cold
running water. The sink must drain into an approvable public or private disposal
system.
• Space and Security: Group homes must contain at least one bedroom of appropriate
size for every two people, and a living room, kitchen, dining area, bathroom, and
other appropriate social, recreational, or community space that may be shared with
other residents.
• Structure and Material: To avoid any threat to the health and safety of the residents,
group homes must be structurally sound. Elevators must be in good condition.
Group homes must be accessible to and usable by residents with disabilities.
• Site and Neighborhood: Group homes must be located in a residential setting. The
site and neighborhood should be reasonably free from hazards to the health, safety,
and general welfare of the residents, and should not be subject to serious adverse
conditions, such as:
Dangerous walks or steps
Instability
- Flooding, poor drainage
- Septic tank back -ups
- Sewage hazards
- Mud slides
- Abnormal air pollution
- Smoke or dust
Excessive noise
Vibrations or vehicular traffic
Excessive accumulations of trash
Vermin or rodent infestation, and
Fire hazards.
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The housing quality standards applicable to lead -based paint do not apply.
PART IV. SHARED HOUSING
[24 CFR 982.615 through 982,6181
15 -IV.I. OVERVIEW
Shared housing is a single housing unit occupied by an assisted family and another
resident or residents. The shared unit consists of both common space for use by the
occupants of the unit and separate private space for each assisted family.
An assisted family may share a unit with other persons assisted under the HCV
program or with other unassisted persons. The owner of a shared housing unit may
reside in the unit, but housing assistance may not be paid on behalf of the owner. The
resident owner may not be related by blood or marriage to the assisted family.
If approved by the PHA, a live -in aide may reside with the family to care for a person
with-disabilities, The PHA must approve a live -in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
disabilities.
When providing HCV assistance in shared housing, a separate lease and HAP contract
are executed for each assisted family, and the standard form of the HAP contract is
used.
15 -IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
The payment standard for a family in shared housing is the lower of the payment
standard for the family unit size or the prorata share of the payment standard for the
shared housing unit size.
The prorata share is calculated by dividing the number of bedrooms available for
occupancy by the assisted family in the private space by the total number of bedrooms
in the unit.
The HAP for a family in shared housing is the lower of the payment standard minus the
TTP or the gross rent minus the TTP. The utility allowance for an assisted family living
in shared housing is the prorata share of the utility allowance for the shared housing
unit.
The rents paid for families living in shared housing are subject to generally applicable
standards for rent reasonableness. The rent paid to the owner for the assisted family
must not exceed the pro -rata portion of the reasonable rent for the shared unit. In
determining reasonable rent, the PHA should consider whether sanitary and food
preparation areas are private or shared.
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154V.C. HOUSING QUALITY STANDARDS
The PHA may not give approval to reside in shared housing unless the entire unit,
including the portion of the unit available for use by the assisted family under its lease,
meets the housing quality standards.
HQS requirements described in Chapter 8 apply to shared housing except for the
requirements stated below.
• Facilities Available for the Family: Facilities available to the assisted family, whether
shared or private, must include a living room, a bathroom, and food preparation and
refuse disposal facilities.
Space and Security: The entire unit must provide adequate space and security for all
assisted and unassisted residents. The private space for each assisted family must
contain at least one bedroom for each two persons in the family. The number of
bedrooms in the private space of an assisted family must not be less than the family
unit size. A 0- bedroom or 1- bedroom unit may not be used for shared housing.
PART V. COOPERATIVE HOUSING
[24 CFR 982.6191
15 -V.A. OVERVIEW
This part applies to rental assistance for a cooperative member residing in cooperative
housing. It does not apply to assistance for a cooperative member who has purchased
membership under the HCV homeownership option, or to rental assistance for a family
that leases a cooperative housing unit from a cooperative member.
A cooperative is a form of ownership (nonprofit corporation or association) in which the
residents purchase memberships in the ownership entity. Rather than being charged
"rent" a cooperative member is charged a "carrying charge."
When providing HCV assistance in cooperative housing, the standard form of the HAP
contract is used.
15 -V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
The payment standard and utility allowance are determined according to regular HCV
program requirements.
The HAP for a cooperative housing unit is the lower of the payment standard minus the
TTP or the monthly carrying charge for the unit, plus any utility allowance, minus the
TTP. The monthly carrying charge includes the member's share of the cooperative debt
service, operating expenses, and necessary payments to cooperative reserve funds.
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IA
The carrying charge does not include down payments or other payments to purchase
the cooperative unit or to amortize a loan made to the family for this purpose.
15 -V.C. HOUSING QUALITY STANDARDS
All standard HQS requirements apply to cooperative housing units. There are no
additional HQS requirements.
PART VI. MANUFACTURED HOMES
[24 CFR 982.620 through 982.624]
15 -VI.A. OVERVIEW
A manufactured home is a manufactured structure, transportable in one or more parts,
that is built on a permanent chassis, and designed for use as a principal place of
residence. HCV- assisted families may occupy manufactured homes in two different
ways.
(1) A family can choose to rent a manufactured home already installed on a space and
the PHA must permit it. In this instance program rules are the same as when a family:
rents any other residential housing, except that there are special HQS requirements as
provided in 15 -VI.D below.
(2) HUD also permits an otherwise eligible family that owns a manufactured home to
rent a space for the manufactured home and receive HCV assistance with the rent for
the space. PHAs may, but are not required to, provide assistance for such families.
15 -VI.B. SPECIAL POLICIES FOR MANUFACTURED HOME OWNERS WHO LEASE
A SPACE
Family Income
In determining the annual income of families leasing manufactured home spaces, the
value of the family's equity in the manufactured home in which the family resides is not
counted as a family asset.
Lease and HAP Contract
There is a separate Tenancy Addendum (Form 52642 -a) and separate HAP Contract
(Form 52642) for this special housing type.
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15 -VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
Payment Standards
The FMR for a manufactured home space is generally 40 percent of the published FMR
for a 2- bedroom unit or, where approved by HUD, the 40th percentile of the rental
distribution of manufactured home spaces for the FMR area. The PHA may establish a
payment standard for manufactured home spaces that is between 90 -110 percent of the
FMR for manufactured home spaces.
Utility Allowance
The PHA must establish utility allowances for manufactured home space rental. For the
first 12 months of the initial lease term only, the allowance must include an amount for a
utility hook -up charge if the family actually incurred a hook -up charge because of a
move. This allowance will not be given to a family that leases in place. Utility allowances
for manufactured home space must not include the costs of digging a well or installing a
septic system.
Space Rent
The space rent is the sum of the rent to the owner for the manufactured home space,
any charges for maintenance and management provided by the owner, and the utility
allowance for tenant -paid utilities.
Housing Assistance Payment
The HAP for a manufactured home space under the housing choice voucher program is
the lower of the payment standard minus the TTP or the (gross) manufactured home
space rent minus the TTP.
Rent Reasonableness
Initially, and annually thereafter the PHA must determine that the rent for the
manufactured home space is reasonable based on rents for comparable manufactured
home spaces. The PHA must consider the location and size of the space, and any
services and maintenance to be provided by the owner. By accepting the monthly HAP
check, the owner certifies that the rent does not exceed rents charged by the owner for
comparable unassisted spaces in the manufactured home park or elsewhere.
15 -VI.D. HOUSING QUALITY STANDARDS
Under either type of occupancy described in 15 -VI.A above, the manufactured home
must meet all HQS performance requirements and acceptability criteria discussed in
Chapter 8 of this plan. In addition, the following requirement applies;
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Manufactured Home Tie -Down
A manufactured home must be placed on the site in a stable manner, and must be free
from hazards such as sliding or wind damage. The home must be securely anchored by
a tie -down device that distributes and transfers the loads imposed by the unit to
appropriate ground anchors to resist overturning and sliding.
PART VII. HOMEOWNERSHIP
[24 CFR 982.625 through 982.643]
15- VII.A. OVERVIEW [24 CFR 982.625]
The homeownership option is used to assist a family residing in a home purchased and
owned by one or more members of the family. A family assisted under this option may
be newly admitted or an existing participant in the HCV program. The PHA must have
the capacity to operate a successful HCV homeownership program as defined by the
regulations.
There are two forms of homeownership assistance a PHA may offer under this option:
monthly homeownership assistance payments, or a single down payment assistance
grant. PHAs may choose to offer either or both forms of homeownership assistance, or
choose not to offer either. If a PHA offers both forms of assistance, a family must
choose which form of assistance to receive.
The PHA must offer either form of homeownership assistance if needed as a
reasonable accommodation so that the program is readily accessible to and usable by
persons with disabilities. It is the sole responsibility of the PHA to determine whether it
is reasonable to implement a homeownership program as a reasonable
accommodation. The PHA must determine what is reasonable based on the specific
circumstances and individual needs of the person with a disability. The PHA may
determine that it is not reasonable to offer homeownership assistance as a reasonable
accommodation in cases where the PHA has otherwise opted not to implement a
homeownership program.
The PHA must approve a live -in aide if needed as a reasonable accommodation so that
the program is readily accessible to and usable by persons with disabilities.
15- VII.B. FAMILY ELIGIBILITY [24 CFR 982.627]
The family must meet all of the requirements listed below before the commencement of
homeownership assistance. The PHA may also establish additional initial requirements
as long as they are described in the PHA administrative plan.
The family must have been admitted to the Housing Choice Voucher program
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The family must qualify as a first -time homeowner, or may be a cooperative
member
The family must meet the Federal minimum income requirement. The family must
have a gross annual income equal to the Federal minimum wage multiplied by
2000, based on the income of adult family members who will own the home. The
PHA may establish a higher income standard for families. However, a family that
meets the federal minimum income requirement (but not the PHA's requirement)
will be considered to meet the minimum income requirement if it can demonstrate
that it has been pre - qualified or pre - approved for financing that is sufficient to
purchase an eligible unit
• For disabled families, the minimum income requirement is equal to the current
SSI monthly payment for an individual living alone, multiplied by 12
• For elderly or disabled families, welfare assistance payments for adult family
members who will own the home will be included in determining whether the
family rneets the minimum income requirement. It will not be included for other
families
• The family must satisfy the employment requirements by demonstrating that one
or more adult members of the family who will own the home at commencement of
homeownership assistance is. currently employed on a full -time basis (the term
'full -time employment' means not less than an average of 30 hours per week);
and has been continuously so employed during the year before commencement
of homeownership assistance for the family
• The employment requirement does not apply to elderly and disabled families. In
addition, if a family, other than an elderly or disabled family includes a person
with disabilities, the PHA must grant an exemption from the employment
requirement if the PHA determines that it is needed as a reasonable
accommodation
The family has not defaulted on a mortgage securing debt to purchase a home
under the homeownership option
• Except for cooperative members who have acquired cooperative membership
shares prior to commencement of homeownership assistance, no family member
has a present ownership interest in a residence at the commencement of
homeownership assistance for the purchase of any home
• Except for cooperative members who have acquired cooperative membership
shares prior to the commencement of homeownership assistance, the family has
entered a contract of sale in accordance with 24 CFR 982.631(c)
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15- VII.C. SELECTION OF FAMILIES [24 CFR 982.6261
Unless otherwise provided (under the homeownership option), the PHA may limit
homeownership assistance to families or purposes defined by the PHA, and may
prescribe additional requirements for commencement of homeownership assistance for
a family. Any such limits or additional requirements must be described in the PHA
administrative plan.
If the PHA limits the number of families that may participate in the homeownership
option, the PHA must establish a system by which to select families to participate.
15- VII.D. ELIGIBLE UNITS [24 CFR 982.6281
In order for a unit to be eligible, the PHA must determine that the unit satisfies all of the
following requirements:
• The unit must meet HUD's "eligible housing" requirements. The unit may not be
any of the following:
A public housing or Indian housing unit;
- A unit receiving Section 8 project -based assistance;
- A nursing home, board and care home, or facility providing continual
psychiatric, medical or nursing services;
- A college or other school dormitory;
- On the grounds of penal, reformatory, medical, mental, or similar public or
private institutions.
• The unit must be under construction or already exist at the time the family enters
into the contract of sale.
• The unit must be a one -unit property or a single dwelling unit in a cooperative or
condominium.
• The unit must have been inspected by the PHA and by an independent inspector
designated by the family.
• The unit must meet Housing Quality Standards (see Chapter 8).
• For a unit where the family will not own fee title to the real property (such as a
manufactured home), the home must have a permanent foundation and the
family must have the right to occupy the site for at least 40 years.
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For PHA -owned units all of the following conditions must be satisfied;
The PHA informs the family, both orally and in writing, that the family has the
right to purchase any eligible unit and a PHA -owned unit is freely selected by
the family without PHA pressure or steering;
- The unit is not ineligible housing;
The PHA obtains the services of an independent agency to inspect the unit
for compliance with HQS, review the independent inspection report, review
the contract of sale, determine the reasonableness of the sales price and any
PHA provided financing. All of these actions must be completed in
accordance with program requirements.
The PHA must not approve the unit if the PHA has been informed that the seller is
debarred, suspended, or subject to a limited denial of participation.
15VII.E. ADDITIONAL PHA REQUIREMENTS FOR SEARCH AND PURCHASE [24
CFR 982.629]
It is the family's responsibility to find a home that meets the criteria for voucher
homeownership assistance. The PHA may establish the maximum time that will be
allowed for a family to locate and purchase a home, and may require the family to report
on their progress in finding and purchasing a home. If the family is unable to purchase a
home within the maximum time established by the PHA, the PHA may issue the family a
voucher to lease a unit or place the family's name on the waiting list for a voucher.
15 VII.F. HOMEOWNERSHIP COUNSELING [24 CFR 982.630]
Before commencement of homeownership assistance for a family, the family must
attend and satisfactorily complete the pre - assistance homeownership and housing
counseling program required by the PHA. HUD suggests the following topics for the
PHA - required pre - assistance counseling:
Home maintenance (including care of the grounds);
Budgeting and money management;
Credit counseling;
How to negotiate the purchase price of a home;
• How to obtain homeownership financing and loan pre - approvals, including a
description of types of financing that may be available, and the pros and cons of
different types of financing;
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• How to find a home, including information about homeownership opportunities,
schools, and transportation in the PHA jurisdiction;
• Advantages of purchasing a home in an area that does not have a high
concentration of low- income families and how to locate homes in such areas;
• Information on fair housing, including fair housing lending and local fair housing
enforcement agencies; and
• Information about the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et
seq.) (RESPA), state and Federal truth -in- lending laws, and how to identify and
avoid loans with oppressive terms and conditions.
The PHA may adapt the subjects covered in pre - assistance counseling (as listed) to
local circumstances and the needs of individual families.
The PHA may also offer additional counseling after commencement of homeownership
assistance (ongoing counseling). If the PHA offers a program of ongoing counseling for
participants in the homeownership option, the PHA shall have discretion to determine
whether the family is required to participate in the ongoing counseling.
If the PHA does not use a HUD - approved housing counseling agency to provide the
counseling, the PHA should ensure that its counseling program is consistent with the
counseling provided under HUD's Housing Counseling program.
15- VII.G. HOME INSPECTIONS, CONTRACT OF SALE, AND PHA DISAPPROVAL
OF SELLER [24 CFR 982.6311
Home Inspections
The PHA may not commence monthly homeownership assistance payments or provide
down payment assistance grants for a family until the PHA has inspected the unit and
has determined that the unit passes HQS.
An independent professional inspector selected by and paid for by the family must also
inspect the unit. The independent inspection must cover major building systems and
components, including foundation and structure, housing interior and exterior, and the
roofing, plumbing, electrical, and heating systems. The independent inspector must be
qualified to report on property conditions, including major building systems and
components.
The PHA may not require the family to use an independent inspector selected by the
PHA. The independent inspector may not be a PHA employee or contractor, or other
person under control of the PHA. However, the PHA may establish standards for
qualification of inspectors selected by families under the homeownership option,
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The PHA may disapprove a unit for assistance based on information in the independent
inspector's report, even if the unit was found to comply with HQS.
Contract of Sale
Before commencement of monthly homeownership assistance payments or receipt of a
down payment assistance grant, a member or members of the family must enter into a
contract of sale with the seller of the unit to be acquired by the family. The family must
give the PHA a copy of the contract of sale. The contract of sale must:
• Specify the price and other terms of sale by the seller to the purchaser;
• Provide that the purchaser will arrange for a pre - purchase inspection of the
dwelling unit by an independent inspector selected by the purchaser;
• Provide that the purchaser is not obligated to purchase the unit unless the
inspection is satisfactory to the purchaser;
• Provide that the purchaser is not obligated to pay for any necessary repairs; and
• Contain a certification from the seller that the seller has not been debarred,
suspended, or subject to a limited denial of participation under CFR part 24.
Disapproval of a Seller
In its administrative discretion, the PHA may deny approval of a seller for the same
reasons a PHA may disapprove an owner under the regular HCV program [see 24 CFR
982.306(c)].
15- VII.H. FINANCING [24 CFR 982.632]
The PHA may establish requirements for financing purchase of a home under the
homeownership option. This may include requirements concerning qualification of
lenders, terms of financing, restrictions concerning debt secured by the home, lender
qualifications, loan terms, and affordability of the debt. The PHA must establish policies
describing these requirements in the administrative plan.
A PHA may not require that families acquire financing from one or more specified
lenders, thereby restricting the family's ability to secure favorable financing terms.
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15- VII.I. CONTINUED ASSISTANCE REQUIREMENTS; FAMILY OBLIGATIONS [24
CFR 982.633]
Homeownership assistance may only be paid while the family is residing in the home. If
the family moves out of the home, the PHA may not continue homeownership
assistance after the month when the family moves out. The family or lender is not
required to refund to the PHA the homeownership assistance for the month when the
family moves out.
Before commencement of homeownership assistance, the family must execute a
statement in which the family agrees to comply with all family obligations under the
homeownership option.
The family must comply with the following obligations:
• The family must comply with the terms of the mortgage securing debt incurred to
purchase the home, or any refinancing of such debt.
• The family may not convey or transfer ownership of the home, except for
purposes of financing, refinancing, or pending settlement of the estate of a
deceased family member. Use and occupancy of the home are subject to 24
CFR 982.551 (h) and (i).
• The family must supply information to the PHA or HUD as specified in 24 CFR
982.551(b), The family must further supply any information required by the PHA
or HUD concerning mortgage financing or refinancing, sale or transfer of any
interest in the home, or homeownership expenses.
• The family must notify the PHA before moving out of the home.
• The family must notify the PHA if the family defaults on the mortgage used to
purchase the home.
• No family member may have any ownership interest in any other residential
property.
• The family must comply with the obligations of a participant family described in
24 CFR 982.551, except for the following provisions which do not apply to
assistance under the homeownership option: 24 CFR 982.551(c), (d), (e), (f), (g)
and (j).
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15- VI1.J. MAXIMUM TERM OF HOMEOWNER ASSISTANCE [24 CFR 982.634]
Except in the case of a family that qualifies as an elderly or disabled family, other family
members (described below) shall not receive homeownership assistance for more than:
• Fifteen years, if the initial mortgage incurred to finance purchase of the home has
a term of 20 years or longer; or
• Ten years, in all other cases.
The maximum term described above applies to any member of the family who:
• Has an ownership interest in the unit during the time that homeownership
payments are made; or
• Is the spouse of any member of the household who has an ownership interest in
the unit during the time homeownership pay.ments!are made.
In the case of an elderly family, the exception only applies if the family qualifies as an
elderly family at the start of homeownership assistance. In the case of a disabled family,
the exception applies if at any time during receipt of homeownership assistance the
family qualifies as a disabled family.
If, during the course of homeownership assistance, the family ceases to qualify as a
disabled or elderly family, the maximum term becomes applicable from the date
homeownership assistance commenced. However, such a family must be provided at
least 6 months of homeownership assistance after the maximum term becomes
applicable (provided the family is otherwise eligible to receive homeownership
assistance).
If the family has received such assistance for different homes, or from different PHAs,
the total of such assistance terms is subject to the maximum term described in this part.
15- VII.K. HOMEOWNERSHIP ASSISTANCE PAYMENTS AND HOMEOWNERSHIP
EXPENSES [24 CFR 982.635]
The monthly homeownership assistance payment is the lower of: the voucher payment
standard minus the total tenant payment, or the monthly homeownership expenses
minus the total tenant payment.
In determining the amount of the homeownership assistance payment, the PHA will use
the same payment standard schedule, payment standard amounts, and subsidy
standards as those described in elsewhere in this plan for the Housing Choice Voucher
program.
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The PHA may pay the homeownership assistance payments directly to the family, or at
the PHA's discretion, to a lender on behalf of the family. If the assistance payment
exceeds the amount due to the lender, the PHA must pay the excess directly to the
family.
Homeownership assistance for a family terminates automatically 180 calendar days
after the last homeownership assistance payment on behalf of the family.
The PHA must adopt policies for determining the amount of homeownership expenses
to be allowed by the PHA in accordance with HUD requirements.
Homeownership expenses (not including cooperatives) only include amounts allowed by
the PHA to cover:
• Principal and interest on initial mortgage debt, any refinancing of such debt, and
any mortgage insurance premium incurred to finance purchase of the home;
• Real estate taxes and public assessments on the home;
• Home insurance;
The PHA allowance for maintenance expenses;
• The PHA allowance for costs of major repairs and replacements;
• The PHA utility allowance for the home;
• Principal and interest on mortgage debt incurred to finance costs for major
repairs, replacements or improvements for the home. If a member of the family is
a person with disabilities, such debt may include debt incurred by the family to
finance costs needed to make the home accessible for such person, if the PHA
determines that allowance of such costs as homeownership expenses is needed
as a reasonable accommodation so that the homeownership option is readily
accessible to and usable by such person;
Land lease payments where a family does not own fee title to the real property
on which the home is located; [see 24 CFR 982.628(b)].
For a condominium unit, condominium operating charges or maintenance fees
assessed by the condominium homeowner association.
Homeownership expenses for a cooperative member may only include amounts allowed
by the PHA to cover:
• The cooperative charge under the cooperative occupancy agreement including
payment for real estate taxes and public assessments on the home;
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1 : X... _
• Principal and interest on initial debt incurred to finance purchase of cooperative
membership shares and any refinancing of such debt;
Home insurance;
• The PHA allowance for maintenance expenses;
The PHA allowance for costs of major repairs and replacements;
• The PHA utility allowance for the home; and
• Principal and interest on debt incurred to finance major repairs, replacements or
improvements for the home. If a member of the family is a person with
disabilities, such debt may include debt incurred by the family to finance costs
needed to make the home accessible for such person, if the PHA determines that
allowance of such costs as homeownership expenses is needed as a reasonable
accommodation so that the homeownership option is readily accessible to and
usable by such person.
• Cooperative operating charges or maintenance fees assessed by the cooperative
homeowner association.
15 -VII.L. PORTABILITY [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552,
982.553]
Subject to the restrictions on portability included in HUD regulations and PHA policies, a
family may exercise portability if the receiving PHA is administering a voucher
homeownership program and accepting new homeownership families. The receiving
PHA may absorb the family into its voucher program, or bill the initial PHA.
The family must attend the briefing and counseling sessions required by the receiving
PHA. The receiving PHA will determine whether the financing for, and the physical
condition of the unit, are acceptable. The receiving PHA must promptly notify the initial
PHA if the family has purchased an eligible unit under the program, or if the family is
unable to purchase a home within the maximum time established by the PHA.
15- VII.M. MOVING WITH CONTINUED ASSISTANCE [24 CFR 982.637]
A family receiving homeownership assistance may move with continued tenant -based
assistance. The family may move with voucher rental assistance or with voucher
homeownership assistance. Continued tenant -based assistance for a new unit cannot
begin so long as any family member holds title to the prior home.
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The PHA may deny permission to move to a new unit with continued voucher
assistance as follows:
Lack of funding to provide continued assistance.
• At any time, the PHA may deny permission to move with continued rental or
homeownership assistance in accordance with 24 CFR 982.638, regarding denial or
termination of assistance.
In accordance with the PHA's policy regarding number of moves within a 12 -month
period.
The PHA must deny the family permission to move to a new unit with continued voucher
rental assistance if:
• The family defaulted on an FHA- insured mortgage; and
The family fails to demonstrate that the family has conveyed, or will convey, title to
the home, as required by HUD, to HUD or HUD's designee; and the family has
moved, or will move, from the home within the period established or approved by
HUD.
15- VII.N. DENIAL OR TERMINATION OF ASSISTANCE [24 CFR 982.638]
At any time, the PHA may deny or terminate homeownership assistance in accordance
with HCV program requirements in 24 CFR 982.552 (Grounds for denial or termination
of assistance) or 24 CFR 982.553 (Crime by family members).
The PHA may also deny or terminate assistance for violation of participant obligations
described in 24 CFR Parts 982.551 or 982.633.
The PHA must terminate voucher homeownership assistance for any member of family
receiving homeownership assistance that is dispossessed from the home pursuant to a
judgment or order of foreclosure on any mortgage (whether FHA insured or non -FHA)
securing debt incurred to purchase the home, or any refinancing of such debt.
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Chapter 16
PROGRAM ADMINISTRATION
INTRODUCTION
This chapter discusses administrative policies and practices that are relevant to the
activities covered in this plan. The policies are discussed in seven parts as described
below:
Part I: Administrative Fee Reserve. This part describes the PHA's policies with
regard to oversight of expenditures from its administrative fee reserve.
Part II: Setting Program Standards and Schedules. This part describes what
payment standards are, and how they are updated, as well as how utility
allowances are established and revised.
Part III: Informal Reviews and Hearings. This part outlines the requirements and
procedures for informal reviews and hearings, and for informal hearings
regarding citizenship status.
Part IV: Owner or Family Debts to the PHA. This part describes policies for'
recovery of monies that the PHA has overpaid on behalf of families, or to owners,
and describes the circumstances under which the PHA will offer repayment
agreements to owners and families. Also discussed are the consequences for
failure to make payments in accordance with a repayment agreement.
Part V: Section 8 Management Assessment Program SEMAP . This part
describes what the SEMAP scores represent, how they are established, and how
those scores affect a PHA.
Part Vl: Record-Keeping. All aspects of the program involve certain types of
record - keeping. This part outlines the privacy rights of applicants and participants
and record retention policies the PHA will follow.
Part VI I: Reporting and Record Keeping for Children with Environmental
Intervention Blood Lead Level. This part describes the PHA's responsibilities for
reporting, data collection, and record keeping relative to children with
environmental intervention blood lead levels that are less than six years of age,
and are receiving HCV assistance.
Part VIII: Determination of Insufficient Funding. This part describes the PHA's
policies for determining if there is sufficient funding to issue vouchers, to approve
moves to higher cost units or areas, and to continue assistance for all participant
families.
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PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155]
The PHA must maintain an administrative fee reserve for the program to pay program
administrative expenses in excess of administrative fees paid by HUD for a PHA fiscal
year. If funds in the administrative fee reserve are not needed to cover PHA
administrative expenses, the PHA may use these funds for other housing purposes
permitted by Federal, State and local law.
If the PHA has not adequately administered any Section 8 program, HUD may prohibit
use of funds in the administrative fee reserve, and may direct the PHA to use funds in
the reserve to improve administration of the program or to reimburse ineligible
expenses. HUD also may prohibit use of the funds for certain purposes.
HUD requires the PHA Board of Commissioners or other authorized officials to establish
the maximum amount that may be charged against the administrative fee reserve
without specific approval.
Expenditures from the administrative fee reserve will be made in accordance with all
applicable Federal requirements. Expenditures will not exceed $10,000 per occurrence
without the prior approval of the PHA's Board of Commissioners.
PART II: SETTING PROGRAM STANDARDS AND SCHEDULES
16 -II.A. OVERVIEW
Although many of the program's requirements are established centrally by HUD, the
HCV program's regulations recognize that some flexibility is required to allow the PHA
to adapt the program to local conditions. This part discusses how the PHA establishes
and updates certain schedules and standards that are used to administer the program
locally. Details about how these schedules are applied to individual families are
provided in other chapters. The schedules and standards discussed here include:
Payment Standards, which dictate the maximum subsidy a family can receive
(application of the payment standards is discussed in Chapter 6); and
• Utility Allowances, which specify how a family's payment should be adjusted to
account for tenant -paid utilities (application of utility allowances is discussed in
Chapter 6).
Copies of the payment standard and utility allowance schedules are available for review
in the PHA's offices during normal business hours.
The PHA will maintain documentation to support its annual review of payment standards
and utility allowance schedules. This documentation will be retained for at least 3 years.
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16 -II.B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, Chapter 71
The payment standard sets the maximum subsidy payment a family can receive from
the PHA each month [24 CFR 982.505(x)]. Payment standards are based on fair market
rents (FMRs) published annually by HUD. FMRs are set at a percentile within the rent
distribution of standard quality rental housing units in each FMR area. For most
jurisdictions FMRs are set at the 40th percentile of rents in the market area.
The PHA must establish a payment standard schedule that establishes payment
standard amounts for each FMR area within the PHA's jurisdiction, and for each unit
size within each of the FMR areas. For each unit size, the PHA may establish a single
payment standard amount for the whole FMR area, or may set different payment
standards for different parts of the FMR area. Unless HUD grants an exception, the
PHA is required to establish a payment standard within a "basic range" established by
HUD — between 90 and 110 percent of the published FMR for each unit size.
Updating Payment Standards
When HUD updates its FMRs, the PHA must update its payment standards if the
standards are no longer within the basic range [24 CFR 982.503(b)]. HUD may require
the PHA to make further adjustments if it determines that rent burdens for assisted
families in the PHA's jurisdiction are unacceptably high 24 CFR 982.503(g)].
The PHA will review the appropriateness of the payment standards on an annual basis
when the new FMR is published. In addition to ensuring the payment standards are
always within the "basic range" the PHA will consider the following factors when
determining whether an adjustment should be made to the payment standard schedule:
Funding Availability: The PHA will review the budget to determine the
impact projected subsidy adjustments will have on funding available for
the program and the number of families served. The PHA will compare the
number of families who could be served under revised payment standard
amounts with the number assisted under current payment standard
amounts.
Rent Burden of Participating Families: Rent burden will be determined
by identifying the percentage of families, for each unit size, that are paying
more than 30 percent of their monthly adjusted income as the family
share. When 40 percent or more of families, for any given unit size, are
paying more than 30 percent of adjusted monthly income as the family
share, the PHA will consider increasing the payment standard. In
evaluating rent burdens, the PHA will not include families renting a larger
unit than their family unit size.
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Quality of Units Selected: The PHA will review the quality of units
selected by participant families when making the determination of the
percent of income families are paying for housing, to ensure that payment
standard increases are only made when needed to reach the mid -range of
the market.
Changes in Rent to Owner: The PHA may review a sample of the units
to determine how often owners are increasing or decreasing rents and the
average percent of increases /decreases by bedroom size.
Unit Availability: The PHA will review the availability of units for each unit
size, particularly in areas with low concentrations of poor and minority
families.
Lease -up Time and Success Rate: The PHA will consider the
percentage of families that are unable to locate suitable housing before
the voucher expires and whether families are leaving the jurisdiction to
find affordable housing.
Changes to payment standard amounts will be effective on October 1st of every year to
coincide with the effective date of HUD's annually published FMRs.
If the PHA has already processed reexaminations that will be effective on or after
October 1st, and the new payment standard is higher than the one used by the PHA in
processing those re- exams, retroactive adjustments using the new payment standard
will be made.
Exception Payment Standards [982.503(c)]
The PHA must request HUD approval to establish payment standards that are higher
than the basic range. At HUD's sole discretion, HUD may approve a payment standard
amount that is higher than the basic range for a designated part of the FMR area. HUD
may approve an exception payment standard amount (in accordance with program
requirements) for all units, or for all units of a given size, leased by program families in
the exception area. Any PHA with jurisdiction in the exception area may use the HUD -
approved exception payment standard amount. The total population of all HUD -
approved exception areas in an FMR area may not include more than 50 percent of the
population of the FMR area.
Unit -by -Unit Exceptions [24 CFR 982.503(c)(2)(ii)]
Unit -by -unit exceptions to the PHA's payment standards generally are not permitted.
However, an exception may be made as a reasonable accommodation for a family that
includes a person with disabilities. (See Chapter 2 for a discussion of reasonable
accommodations.) This type of exception does not affect the PHA's payment standard
schedule.
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When needed as a reasonable accommodation, the PHA may make an exception to the
payment standard without HUD approval if the exception amount does not exceed 110
percent of the applicable FMR for the unit size [HCV GB 7 -9]. The PHA may request
HUD approval for an exception to the payment standard for a particular family if the
required amount falls between 110 and 120 percent of the FMR.
A family that requires a reasonable accommodation may request a higher payment
standard at the time the Request for Tenancy Approval (RFTA) is submitted. The family
must document the need for the exception. In order to approve an exception, or request
an exception from HUD, the PHA must determine that;
There is a shortage of affordable units that would be appropriate for the
family;
The family's TTP would otherwise exceed 40 percent of adjusted monthly
income; and
The rent for the unit is reasonable.
"Success Rate" Payment Standard Amounts [24 CFR 982.503(e)]
If a substantial percentage of families have difficulty finding a suitable unit, the PHA may
request a "success rate payment standard" that applies to the entire jurisdiction. If
approved by HUD, a success rate payment standard allows the PHA to set its payment
standards at 90 -110 percent of a higher FMR (the 50th, rather than the 40th percentile
FMR). To support the request, the PHA must demonstrate that during the most recent
6 -month period for which information is available:
Fewer than 75 percent of families who were issued vouchers became
participants;
• The PHA had established payment standards for all unit sizes, and for the entire
jurisdiction, at 110 percent of the published FMR; and
• The PHA had a policy of allowing voucher holders who made sustained efforts to
locate units at least 90 days to search for a unit.
Although HUD approves the success rate payment standard for all unit sizes in the FMR
area, the PHA may choose to adjust the payment standard for only some unit sizes in
all, or a designated part, of the PHA's jurisdiction within the FMR area.
Decreases in the Payment Standard Below the Basic Range [24 CFR 982.503(d)]
The PHA must request HUD approval to establish a payment standard amount that is
lower than the basic range. At HUD's sole discretion, HUD may approve establishment
of a payment standard lower than the basic range. HUD will not approve a lower
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payment standard if the family share for more than 40 percent of program participants
exceeds 30 percent of adjusted monthly income.
16 -II.C. UTILITY ALLOWANCES [24 CFR 982.5171
A PHA - established utility allowance schedule is used in determining family share and
PHA subsidy. The PHA must maintain a utility allowance schedule for (1) all tenant -paid
utilities, (2) the cost of tenant - supplied refrigerators and ranges, and (3) other tenant -
paid housing services such as trash collection.
The utility allowance schedule must be determined based on the typical cost of utilities
and services paid by energy - conservative households that occupy housing of similar
size and type in the same locality. In developing the schedule, the PHA must use
normal patterns of consumption for the community as a whole, and current utility rates.
The utility allowance must include the utilities and services that are necessary in the
locality to provide housing that complies with housing quality standards. Costs for
telephone, cable /satellite television, and internet services are not included in the utility
allowance schedule.
In the utility allowance schedule, the PHA must classify utilities and other housing
services according to the following general categories: space heating; air conditioning;
cooking; water heating; water; sewer; trash collection; other electric; cost of tenant -
supplied refrigerator; cost of tenant - supplied range; and other specified housing
services.
The cost of each utility and housing service must be stated separately by unit size and
type. Chapter 18 of the HCV Guidebook provides detailed guidance to the PHA about
establishing utility allowance schedules.
Air Conditioning
An allowance for air - conditioning must be provided when the majority of housing units in
the market have central air - conditioning or are wired for tenant - installed air conditioners.
The PHA has included an allowance for air - conditioning in its schedule. Central air -
conditioning or a portable air conditioner must be present in a unit before the PHA will
apply this allowance to a family's rent and subsidy calculations.
Reasonable Accommodation
HCV program regulations require a PHA to approve a utility allowance amount higher
than shown on the PHA'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 PHA will approve an allowance
for air - conditioning, even if the PHA has determined that an allowance for air -
conditioning generally is not needed (See Chapter 2 for policies regarding the request
and approval of reasonable accommodations).
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Utility Allowance Revisions
The PHA must review its schedule of utility allowances each year, and must revise the
schedule if there has been a change of 10 percent or more in any utility rate since the
last time the allowance for that utility was revised.
The PHA must maintain information supporting its annual review of utility allowance and
any revisions made in its utility allowance schedule.
PART III: INFORMAL REVIEWS AND HEARINGS
16- III.A. OVERVIEW
When the PHA makes a decision that has a negative impact on a family, the family is
often entitled to appeal the decision. For applicants, the appeal takes the form of an
informal review; for participants, or for applicants denied admission because of
citizenship issues, the appeal takes the form of an informal hearing.
PHAs are required to include in their administrative plans, informal review procedures
for applicants, and informal hearing procedures for participants [24 CFR 982.54(d)(12)
and (13)].
16- I11.B. INFORMAL REVIEWS
Informal reviews are provided for program applicants. An applicant is someone who has
applied for admission to the program, but is not yet a participant in the program.
Informal reviews are intended to provide a "minimum hearing requirement" [24 CFR
982,554], and need not be as elaborate as the informal hearing requirements. (Federal
Register Volume 60, No. 127, p 36490).
Decisions Subject to Informal Review
The BPHA will only offer an informal review to applicants for whom assistance is being
denied. [24 CFR 982.554(a)]. Denial of assistance may include any or all of the
following [24 CFR 982.552(a)(2)]:
Denying listing on the PHA waiting list
« Denying or withdrawing a voucher
• Refusing to enter into a HAP contract or approve a lease
Refusing to process or provide assistance under portability procedures
Informal reviews are not required for the following reasons [24 CFR 982.554(c)]:
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a Discretionary administrative determinations by the PHA
General policy issues or class grievances
a A determination of the family unit size under the PHA subsidy standards
A PHA determination not to grant approval of the tenancy
a A PHA determination that the unit is not in compliance with the HQS
• A PHA determination that the unit is not in accordance with the HQS due to
family size or composition
Notice to the Applicant [24 CFR 982.554(x)]
The PHA must give an applicant prompt notice of a decision denying assistance. The
notice must contain a brief statement of the reasons for the PHA decision, and must
also state that the applicant may request an informal review of the decision. The notice
must describe how to obtain the informal review.
Scheduling an Informal Review
A request for an informal review must be made in writing and delivered to the PHA
either in person or by first class mail, by the close of the business day, no later than 10
business days from the date of the PHA's denial of assistance.
The PHA must schedule and send written notice of the informal review within 30
consecutive days of the family's request.
Informal Review Procedures [24 CFR 982.554(b )]
The informal review must be conducted by a person other than the one who made or
approved the decision under review, or a subordinate of this person.
The applicant must be provided an opportunity to present written or oral objections to
the decision of the PHA.
The person conducting the review will make a recommendation to the PHA, but the
PHA is responsible for making the final decision as to whether assistance should be
granted or denied.
Informal Review Decision [24 CFR 982.554(b)]
The PHA must notify the applicant of the PHA's final decision, including a brief
statement of the reasons for the final decision.
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In rendering a decision, the PHA will evaluate the following matters:
Whether or not the grounds for denial were stated factually in the Notice.
The validity of grounds for denial of assistance. If the grounds for denial
are not specified in the regulations, then the decision to deny assistance
will be overturned.
The validity of the evidence. The PHA will evaluate whether the facts
presented prove the grounds for denial of assistance. If the facts prove
that there are grounds for denial, and the denial is required by HUD, the
PHA will uphold the decision to deny assistance.
If the facts prove the grounds for denial, and the denial is discretionary,
the PHA will consider the recommendation of the person conducting the
informal review in making the final decision whether to deny assistance.
The PHA will notify the applicant 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 applicant and his or her
representative, if any, along with proof of mailing.
If the decision to deny is overturned as a result of the informal review, processing
for admission will resume.
If the family fails to appear for their informal review, the denial of admission will
stand and the family will be so notified.
16- III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.5551
PHAs must offer an informal hearing for certain PHA determinations relating to the
individual circumstances of a participant family. A participant is defined as a family that
has been admitted to the PHA's HCV program and is currently assisted in the program.
The purpose of the informal hearing is to consider whether the PHA's decisions related
to the family's circumstances are in accordance with the law, HUD regulations and PHA
policies.
The PHA is not permitted to terminate a family's assistance until the time allowed for the
family to request an informal hearing has elapsed, and any requested hearing has been
completed. Termination of assistance for a participant may include any or all of the
following:
Refusing to enter into a HAP contract or approve a lease
Terminating housing assistance payments under an outstanding HAP contract
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• Refusing to process or provide assistance under portability procedures
Decisions Subject to Informal Hearing
The PHA will only offer participants the opportunity for an informal hearing when
required to by the regulations, Circumstances for which the PHA must give a participant
family an opportunity for an informal hearing are as follows:
• A determination of the family's annual or adjusted income, and the use of such
income to compute the housing assistance payment
• A determination of the appropriate utility allowance (if any) for tenant -paid utilities
from the PHA utility allowance schedule
• A determination of the family unit size under the PHA's subsidy standards
• A determination that a certificate program family is residing in a unit with a larger
number of bedrooms than appropriate for the family unit size under the PHA's
subsidy standards, or the PHA determination to deny the family's request for
exception from the standards
• A determination to terminate assistance for a participant family because of the
family's actions or failure to act
• A determination to terminate assistance because the participant has been absent
from the assisted unit for longer than the maximum period permitted under PHA
policy and HUD rules
• A determination to terminate a family's Family Self Sufficiency contract, withhold
supportive services, or propose forfeiture of the family's escrow account [24 CFR
984.303(i)]
Circumstances for which an informal hearing is not required are as follows:
• Discretionary administrative determinations by the PHA
• General policy issues or class grievances
• Establishment of the PHA schedule of utility allowances for families in the
program
• A PHA determination not to approve an extension or suspension of a voucher
term
• A PHA determination not to approve a unit or tenancy
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• A PHA determination that a unit selected by the applicant is not in compliance
with the HQS
• A PHA determination that the unit is not in accordance with HQS because of
family size
• A determination by the PHA to exercise or not to exercise any right or remedy
against an owner under a HAP contract
Informal Hearing Procedures
Notice to the Family [24 CFR 982.555(c)]
When the PHA makes a decision that is subject to informal hearing procedures, the
PHA must inform the family of its right to an informal hearing at the same time that it
informs the family of the decision.
For decisions related to the family's annual or adjusted income, the determination of the
appropriate utility allowance, and the determination of the family unit size, the PHA must
notify the family that they may ask for an explanation of the basis of the determination,
and that if they do not agree with the decision, they may request an informal hearing on
the decision.
For decisions related to the termination of the family's assistance, or the denial of a
family's request for an exception to the PHA's subsidy standards, the notice must
contain a brief statement of the reasons for the decision, a statement that if the family
does not agree with the decision, the family may request an informal hearing on the
decision, and a statement of the deadline for the family to request an informal hearing.
In cases where the PHA makes a decision for which an informal hearing must be
offered, the notice to the family will include all of the following:
The proposed action or decision of the PHA.
A brief statement of the reasons for the decision including the regulatory
reference.
The date the proposed action will take place.
A statement of the family's right to an explanation of the basis for the PHA's
decision.
A statement that if the family does not agree with the decision the family may
request an informal hearing of the decision.
A deadline for the family to request the informal hearing.
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To whom the hearing request should be addressed.
Scheduling an Informal Hearing [24 CFR 982,555(d)]
When an informal hearing is required, the PHA must proceed with the hearing in a
reasonably expeditious manner upon the request of the family.
A request for an informal hearing must be made in writing and delivered to the PHA
either in person or by first class mail, by the close of the business day, no later than 10
business days from the date of the PHA's decision or notice to terminate assistance.
The PHA must schedule and send written notice of the. informal hearing to the family
within 20 consecutive days of the family's request.
The family may request to reschedule a hearing for good cause, or if it is needed as a
reasonable accommodation for a person with disabilities. Good cause is defined as an
unavoidable conflict, which seriously affects the health, safety or welfare of the family.
Requests to reschedule a hearing must be made in writing prior to the hearing date. At
its discretion, the PHA may request documentation of the "good cause" prior to
rescheduling the hearing.
If the family does not appear at the scheduled time, and was unable to reschedule the
hearing in advance due to the nature of the conflict, the family must contact the PHA
within 48 hours of the scheduled hearing date, excluding weekends and holidays. The
PHA will reschedule the hearing only if the family can show good cause for the failure to
appear, or if it is needed as a reasonable accommodation for a person with disabilities.
Pre - Hearing Right to Discovery [24 CFR 982.555(e)]
Participants and the PHA are permitted pre - hearing discovery rights. The family must be
given the opportunity to examine before the hearing any PHA documents that are
directly relevant to the hearing. The family must be allowed to copy any such
documents at their own expense. If the PHA does not make the document available for
examination on request of the family, the PHA may not rely on the document at the
hearing.
The PHA hearing procedures may provide that the PHA must be given the opportunity
to examine at the PHA offices before the hearing, any family documents that are directly
relevant to the hearing. The PHA must be allowed to copy any such document at the
PHA's expense. If the family does not make the document available for examination on
request of the PHA, the family may not rely on the document at the hearing.
For the purpose of informal hearings, documents include records and regulations.
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The family will be allowed to copy any documents related to the hearing at a cost of
$.25 per page. The family must request discovery of PHA documents no later than
12:00 p.m. on the business day prior to the scheduled hearing date
The PHA must be given an opportunity to examine at the PHA offices before the
hearing any family documents that are directly relevant to the hearing. Whenever a
participant requests an informal hearing, the PHA will automatically mail a letter to the
participant requesting a copy of all documents that the participant intends to present or
utilize at the hearing. The participant must make the documents available no later than
12:00 pm on the business day prior to the scheduled hearing date.
Participant's Right to Bring Counsel [24 CFR 982.555(e)(3)]
At its own expense, the family may be represented by a lawyer or other representative
at the informal hearing.
Informal Hearing Officer [24 CFR 982.555(e)(4)]
Informal hearings will,be conducted by a person or persons approved by the PHA; other
than the person who made or approved the decision or a subordinate of the person who
made or approved the decision.
PHA .Policy
The PHA has designated City Staff not associated with the Housing Authority as
Hearing Officers. A list is maintained and periodically updated, which is used as
a rotating basis for scheduling.
Attendance at the Informal Hearing
Hearings may be attended by a hearing officer and the following applicable persons:
A PHA representative(s) and any witnesses for the PHA
The participant and any witnesses for the participant
The participant's counsel or other representative
Any other person approved by the PHA as a reasonable accommodation
for a person with a disability
Conduct at Hearings[24 CFR 982.555(4)(ii)]
The hearing officer is responsible to manage the order of business and to ensure that
hearings are conducted in a professional and businesslike manner. Attendees are
expected to comply with all hearing procedures established by the hearing officer and
guidelines for conduct. Any person demonstrating disruptive, abusive or otherwise
inappropriate behavior will be excused from the hearing at the discretion of the hearing
officer.
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Evidence [24 CFR 982.555(e)(5)]
The PHA and the family must be given the opportunity to present evidence and question
any witnesses. In general, all evidence is admissible at an informal hearing. Evidence
may be considered without regard to admissibility under the rules of evidence applicable
to judicial proceedings.
Any evidence to be considered by the hearing officer must be presented at the time of
the hearing. There are four categories of evidence.
Oral evidence: the testimony of witnesses
Documentary evidence: a writing which is relevant to the case, for
example, a letter written to the PHA. Writings include all forms of recorded
communication or representation, including letters, words, pictures,
sounds, videotapes or symbols or combinations thereof.
Demonstrative evidence: Evidence created specifically for the hearing
and presented as an illustrative aid to assist the hearing officer, such as a
model, a chart or other diagram.
Real evidence: A tangible item relating directly to the case.
Hearsay Evidence is evidence of a statement that was made other than by a
witness while testifying at the hearing and that is offered to prove the truth of the
matter. Even though evidence, including hearsay, is generally admissible,
hearsay evidence alone cannot be used as the sole basis for the hearing officer's
decision.
If either the PHA or the family fail to comply with the discovery requirements
described above, the hearing officer will refuse to admit such evidence.
Other than the failure of a party to comply with discovery, the hearing officer has
the authority to overrule any objections to evidence.
Hearing Officer's Decision [24 CFR 982.555(e)(6)]
The person who conducts the hearing must issue a written decision, stating briefly the
reasons for the decision. Factual determinations relating to the individual circumstances
of the family must be based on a preponderance of evidence presented at the hearing.
A copy of the hearing must be furnished promptly to the family.
In rendering a decision, the hearing officer will consider the following matters:
PHA Notice to the Family: The hearing officer will determine if the
reasons for the PHA's decision are factually stated in the Notice.
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Discovery: The hearing officer will determine if the PHA and the family
were given the opportunity to examine any relevant documents in
accordance with PHA policy.
PHA Evidence to Support the PHA Decision: The evidence consists of
the facts presented. Evidence is not conclusion and it is not argument.
The hearing officer will evaluate the facts to determine if they support the
PHA's conclusion.
Validity of Grounds for Termination of Assistance (when applicable):
The hearing officer will determine if the termination of assistance is for one
of the grounds specified in the HUD regulations and PHA policies. If the
grounds for termination are not specified in the regulations or in
compliance with PHA policies, then the decision of the PHA will be
overturned.
The hearing officer will issue a written decision to the family and the PHA no later
than 10 business days after the hearing. The report will contain the following
information:
Hearing information:
Name of the participant;
Date, time and place of the hearing;
Name of the hearing officer;
Name of the PHA representative; and
Name of family representative (if any).
Background: A brief, impartial statement of the reason for the hearing.
Summary of the Evidence: The hearing officer will summarize the
testimony of each witness and identify any documents that a witness
produced in support of his/her testimony and that are admitted into
evidence.
Findings of Fact: The hearing officer will include all findings of fact,
based on a preponderance of the evidence. Preponderance of the
evidence 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.
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Conclusions: The hearing officer will render a conclusion derived from
the facts that were found to be true by a preponderance of the evidence.
The conclusion will result in a determination of whether these facts uphold
the PHA's decision.
Order: The hearing report will include a statement of whether the PHA's
decision is upheld or overturned. if it is overturned, the hearing officer will
instruct the PHA to change the decision in accordance with the hearing
officer's determination. In the case of termination of assistance, the
hearing officer will instruct the PHA to restore the participant's program
status.
Procedures for Further Hearing
The hearing officer may ask the family for additional information and/or might adjourn
the hearing in order to reconvene at a later date, before reaching a decision. If the
family misses an appointment or deadline ordered by the hearing officer, the action of
the PHA will take effect and another hearing will not be granted.
PHA Notice of Final Decision [24 CFR 982.555 {fl]
The PHA is not bound by the decision of the hearing officer for matters in which the
PHA is not required to provide an opportunity for a hearing, decisions that exceed the
authority of the hearing officer, decisions that conflict with or contradict HUD
regulations, requirements, or are otherwise contrary to Federal, State or local laws.
If the PHA determines it is not bound by the hearing officer's decision in accordance
with HUD regulations, the PHA must promptly notify the family of the determination and
the reason for the determination.
The PHA will mail a "Notice of Final Decision" including the hearing officer's report, to
the participant and their representative. This Notice will be sent by first -class mail,
postage pre -paid with an affidavit of mailing enclosed. The participant will be mailed the
original "Notice of Final Decision" and a copy of the proof of mailing. A copy of the
"Notice of Final Decision" along with the original proof mailing will be maintained in the
PHA's file.
16- III.D. HEARING AND APPEAL PROVISIONS FOR NON - CITIZENS [24 CFR 5.514]
Denial or termination of assistance based on immigration status is subject to special
hearing and notice rules. Applicants who are denied assistance due to immigration
status are entitled to an informal hearing, not an informal review.
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Assistance to a family may not be delayed, denied, or terminated on the basis of
immigration status at any time prior to a decision under the United States Citizenship
and Immigration Services (USCIS) appeal process. Assistance to a family may not be
terminated or denied while the PHA hearing is pending, but assistance to an applicant
may be delayed pending the completion of the informal hearing.
A decision against a family member, issued in accordance with the USCIS appeal
process or the PHA informal hearing process, does not preclude the family from
exercising the right, that may otherwise be available, to seek redress directly through
judicial procedures.
Notice of Denial or Termination of Assistance [24 CFR 5.514(d)]
As discussed in Chapters 3 and 11, the notice of denial or termination of assistance
for noncitizens must advise the family:
• That financial assistance will be. denied or terminated, and provide a brief
explanation of the reasons for the proposed denial or termination of assistance.
• The family may be eligible for proration of assistance.
•
In the case of a participant, the criteria and procedures for obtaining relief under
the provisions for preservation of families [24 CFR 5.514 and 5.518].
• That the family has a right to request an appeal to the USCIS of the results of
secondary verification of immigration status and to submit additional
documentation or explanation in support of the appeal.
• That the family has a right to request an informal hearing with the PHA either
upon completion of the USCIS appeal or in lieu of the USCIS appeal.
• For applicants, assistance may not be delayed until the conclusion of the USCIS
appeal process, but assistance may be delayed during the period of the informal
hearing process.
USCIS Appeal Process [24 CFR 5.514(e)]
When the PHA receives notification that the USCIS secondary verification failed to
confirm eligible immigration status, the PHA must notify the family of the results of the
USCIS verification. The family will have 30 days from the date of the notification to
request an appeal of the USCIS results. The request for appeal must be made by the
family in writing directly to the USCIS. The family must provide the PHA with a copy of
the written request for appeal and the proof of mailing.
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The PHA will notify the family in writing of the results of the USCIS secondary
verification within 10 business days of receiving the results.
The family must provide the PHA with a copy of the written request for appeal and proof
of mailing within 10 business days of sending the request to the USCIS.
The family must forward to the designated USCIS office any additional documentation
or written explanation in support of the appeal. This material must include a copy of the
USCIS document verification request (used to process the secondary request) or such
other form specified by the USCIS, and a letter indicating that the family is requesting
an appeal of the USCIS immigration status verification results.
The USCIS will notify the family, with a copy to the PHA, of its decision. When the
USCIS notifies the PHA of the decision, the PHA must notify the family of its right to
request an informal hearing.
The PHA will send written notice to the family of its right to request an informal hearing
within 10 business days of receiving notice ofthe USCIS decision regarding the family's
immigration status.
Informal Hearing Procedures for Applicants [24 CFR 5.514(#)]
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS,
the family may request that the PHA provide a hearing. The request for a hearing must
be made either within 30 days of receipt of the PHA notice of denial, or within 30 days of
receipt of the USCIS appeal decision.
The informal hearing procedures for applicant families are described below.
Informal Hearing Officer
The PHA must provide an informal hearing before an impartial individual, other than a
person who made or approved the decision under review, and other than a person who
is a subordinate of the person who made or approved the decision. See Section 16-
11I.C. for a listing of positions that serve as informal hearing officers.
Evidence
The family must be provided the opportunity to examine and copy at the family's
expense, at a reasonable time in advance of the hearing, any documents in the
possession of the PHA pertaining to the family's eligibility status, or in the possession of
the USCIS (as permitted by USCIS requirements), including any records and
regulations that may be relevant to the hearing.
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The family will be allowed to copy any documents related to the hearing at a cost of
$.25 per page. The family must request discovery of PHA documents no later than
12:00 p.m. on the business day prior to the hearing.
The family must be provided the opportunity to present evidence and arguments in
support of eligible status. Evidence may be considered without regard to admissibility
under the rules of evidence applicable to judicial proceedings.
The family must also be provided the opportunity to refute evidence relied upon by the
PHA, and to confront and cross - examine all witnesses on whose testimony or
information the PHA relies.
Representation and Interpretive Services
The family is entitled to be represented by an attorney or other designee, at the family's
expense, and to have such person make statements on the family's behalf.
The family is entitled to arrange for an interpreter to attend the hearing, at the expense
of the family, or the PHA, as may be agreed upon by the two parties.
Recording of the Hearing
The family is entitled to have the hearing recorded by audiotape.
The PHA will not provide a transcript of an audio taped hearing.
Hearing Decision
The PHA must provide the family with a written final decision, based solely on the facts
presented at the hearing, within 14 calendar days of the date of the informal hearing.
The decision must state the basis for the decision.
Informal Hearing Procedures for Residents [24 CFR 5.514(f)]
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS,
the family may request that the PHA provide a hearing. The request for a hearing must
be made either within 30 days of receipt of the PHA notice of termination, or within 30
days of receipt of the USCIS appeal decision.
For the informal hearing procedures that apply to participant families whose assistance
is being terminated based on immigration status, see Section 16- III.C.
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Retention of Documents [24 CFR 5.514(h)]
The PHA must retain for a minimum of 5 years the following documents that may have
been submitted to the PHA by the family, or provided to the PHA as part of the USCIS
appeal or the PHA informal hearing process:
• The application for assistance
• The form completed by the family for income reexamination
• Photocopies of any original documents, including original USCIS documents
• The signed verification consent form
• The USCIS verification results
The request for a USCIS appeal
• The final USCIS determination
The request for an informal hearing
• The final informal hearing decision
PART IV: OWNER OR FAMILY DEBTS TO THE PHA
16 -1V.A. OVERVIEW
PHAs are required to include in the administrative plan, policies concerning repayment
by a family of amounts owed to the PHA [24 CFR 982.54]. This part describes the
PHA's policies for recovery of monies that have been overpaid on behalf of families, or
to owners.
When an action or inaction of an owner or participant results in the overpayment of
housing assistance, the PHA holds the owner or participant liable to return any
overpayments to the PHA.
The PHA will enter into repayment agreements in accordance with the policies
contained in this part as a means to recover overpayments.
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When an owner or participant refuses to repay monies owed to the PHA, the PHA will
utilize other available collection alternatives including, but not limited to, the following:
Collection agencies
Small claims court
Civil law suit
State income tax setoff program
16 -IV.B. REPAYMENT POLICY
Owner Debts to the PHA
Any amount due to the PHA by an owner must be repaid by the owner within 30 days of
the PHA determination of the debt.
If the owner fails to repay the debt within the required time frame and is entitled to future
HAP payments, the PHA will reduce the future HAP payments by the amount owed until
the debt is paid in full.
If the owner is not entitled to future HAP payments the PHA will offer to enter into a
repayment agreement in accordance with the policies below.
If the owner refuses to repay the debt, enter into a repayment agreement, or breaches a
repayment agreement, the PHA will ban the owner from future participation in the
program and pursue other modes of collection.
Family Debts to the PHA
Any amount due to the PHA by an HCV participant must be repaid by the family. If the
family is unable to repay the debt within 30 days, the PHA will offer to enter into a
repayment agreement in accordance with the policies below.
If the family refuses to repay the debt, enter into a repayment agreement, or breaches a
repayment agreement, the PHA will terminate the assistance upon notification to the
family and pursue other modes of collection.
Repayment Agreement [24 CFR 792.1031
The term repayment agreement refers to a formal document signed by a tenant or
owner and provided to the PHA in which a tenant or owner acknowledges a debt in a
specific amount and agrees to repay the amount due at specific time periods.
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Repayment Agreement Guidelines
Down Payment Requirement
Prior to the execution of a repayment agreement, the owner or family must pay 10
percent of the balance owed to the PHA. If this creates a hardship on the family, other
arrangements may be made on a case -by -case basis.
Payment Thresholds
Amounts between $3,000 and the Federal or State threshold for criminal prosecution
must be repaid within 36 months.
Amounts between $2,000 and $2,999 must be repaid within 30 months.
Amounts between $1,000 and $1,999 must be repaid within 24 months.
Amounts under $1,000 must be repaid within 12 months.
Execution of the Agreement
The head of household and spouselcohead (if applicable) must sign the repayment.
agreement.
Due Dates
All payments are due by the close of business on the 15th day of the month. If the 15th
does not fall on a business day, the due date is the close of business on the first
business day after the 15th
Non - Payment
If a payment is not received by the end of the business day on the date due, and prior
approval for the missed payment has not been given by the PHA, the PHA will send the
family a delinquency notice giving the family 10 business days to make the late
payment. If the payment is not received by the due date of the delinquency notice, it will
be considered a breach of the agreement and the PHA will terminate assistance upon
written notification to the family.
If a family receives 3 delinquency notices for unexcused late payments in a 12 month
period, the repayment agreement will be considered in default, and the PHA will
terminate assistance upon written notification to the family.
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No Offer of Repayment Agreement
The PHA will not enter into a repayment agreement if there is already a repayment
agreement in place with the family or owner, or the amounts owed by the family or
owner exceed the Federal or State threshold for criminal prosecution.
PART V: MANAGEMENT ASSESSMENT (SEMAP)
16 -V.A. OVERVIEW
The Section 8 Management Assessment Program (SEMAP) is a tool that allows HUD to
measure PHA performance in key areas to ensure program integrity and accountability.
SEMAP scores translate into a rating for each PHA as high performing, standard, or
troubled. Scores on individual SEMAP indicators, as well as overall SEMAP ratings, can
affect the PHA in several ways.
• High - performing PHAs can be given a competitive advantage under notices of
funding availability [24 CFR 985.103].
• PHAs with deficiencies on one or more indicators are required to correct the
deficiencies and report to HUD [24 CFR 985.106].
PHAs with an overall rating of "troubled" are subject to additional HUD oversight,
including on -site reviews by HUD staff, a requirement to develop a corrective
action plan, and monitoring to ensure the successful implementation of the
corrective action plan. In addition, PHAs that are designated "troubled" may not
use any part of the administrative fee reserve for other housing purposes [24
CFR 985.107].
• HUD may determine that a PHA's failure to correct identified SEMAP deficiencies
or to prepare and implement a corrective action plan required by HUD constitutes
a default under the ACC [24 CFR 985.109].
164.13. SEMAP CERTIFICATION [24 CFR 985.1011
PHAs must submit the HUD - required SEMAP certification form within 60 calendar days
after the end of its fiscal year. The certification must be approved by PHA board
resolution and signed by the PHA executive director. If the PHA is a unit of local
government or a state, a resolution approving the certification is not required, and the
certification must be executed by the Section 8 program director.
PHAs with less than 250 voucher units are only required to be assessed every other
PHA fiscal year. HUD will assess such PHAs annually if the PHA elects to have its
performance assessed on an annual basis; or is designated as "troubled" [24 CFR
985.105].
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Failure of a PHA to submit its SEMAP certification within the required time frame will
result in an overall performance rating of "troubled."
A PHA's SEMAP certification is subject to HUD verification by an on -site confirmatory
review at any time.
Upon receipt of the PHA's SEMAP certification, HUD will rate the PHA's performance
under each SEMAP indicator in accordance with program requirements.
HUD Verification Method
Several of the SEMAP indicators are scored based on a review of a quality control
sample selected for this purpose. The PHA or the Independent Auditor must select an
unbiased sample that provides an adequate representation of the types of information to
be assessed, in accordance with SEMAP requirements [24 CFR 985.2].
If the HUD verification method for the indicator relies on data in the Form -50058 module
(formerly known as MTCS) in the PIH Information Center (PIC), and HUD determines
that those data are insufficient to verify the PHA's certification on the indicator due to the
PHA's failure to adequately report family data, HUD will assign a zero rating for-the
indicator [24 CFR 985.3].
16 -V.C. SEMAP INDICATORS [24 CFR 985.3 and form HUD - 526481
The table below lists each of the SEMAP indicators, contains a description of each
indicator, and explains the basis for points awarded under each indicator.
A PHA that expends less than $300,000 in Federal awards and whose Section 8
programs are not audited by an independent auditor, is not be rated under SEMAP
indicators 1 -7.
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SEMAP Indicators
Indicator 1: Selection from the waiting list
Maximum Score: 15
• This indicator shows whether the PHA has written policies in its administrative
plan for selecting applicants from the waiting list and whether the PHA follows
these policies when selecting applicants for admission from the waiting list.
• Points are based on the percent of families that are selected from the waiting list
in accordance with the PHA's written policies, according to the PHA's quality
control sample.
Indicator 2: Rent reasonableness
Maximum Score: 20
• This indicator shows whether the PHA has and implements a reasonable written
method to determine and document for each unit leased that the rent to owner
is reasonable based on current rents for comparable unassisted units
• Points are based on the percent of units for which the PHA follows its written
method to determine reasonable rent and has documented its determination
that the rent to owner is reasonable, according to the PHA's quality control
sample.
Indicator 3: Determination of adjusted income
Maximum Score: 20
• This indicator measures whether the PHA verifies and correctly determines
adjusted income for each assisted family, and where applicable, uses the
appropriate utility allowances for the unit leased in determining the gross rent.
• Points are based on the percent of files that are calculated and verified correctly,
according to the PHA's quality control sample.
Indicator 4: Utility allowance schedule
Maximum Score: 5
• This indicator shows whether the PHA maintains an up -to -date utility allowance
schedule,
• Points are based on whether the PHA has reviewed the utility allowance
schedule and adjusted it when required, according to the PHA's certification.
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Indicator 5: HQS quality control inspections
Maximum Score: 5
• This indicator shows whether a PHA supervisor reinspects a sample of units
under contract during the PHA fiscal year, which meets the minimum sample
size requirements for quality control of HQS inspections.
• Points are based on whether the required quality control reinspections were
completed, according to the PHA's certification.
Indicator 6: HQS enforcement
Maximum Score: 10
• This indicator shows whether, following each HQS inspection of a unit under
contract where the unit fails to meet HQS, any cited life - threatening deficiencies
are corrected within 24 hours from the inspection and all other deficiencies are
corrected within no more than 30 calendar days.from the inspection or any
PHA - approved extension.
• Points are based on whether the PHA corrects all HQS deficiencies in
accordance with required time frames, according to.the PHA's certification.
Indicator 7: Expanding housing opportunities
Maximum Points: 5
• Only applies to PHAs with jurisdiction in metropolitan FMR areas.
• This indicator shows whether the PHA has adopted and implemented a written
policy to encourage participation by owners of units located outside areas of
poverty or minority concentration; informs voucher holders of the full range of
areas where they may lease units both inside and outside the PHA's
jurisdiction; and supplies a list of landlords or other parties who are willing to
lease units or help families find units, including units outside areas of poverty or
minority concentration.
• Points are based on whether the PHA has adopted and implemented written
policies in accordance with SEMAP requirements, according to the PHA's
certification.
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Indicator 8: FMR limit and payment standards
Maximum Points: 5 points
• This indicator shows whether the PHA has adopted a payment standard
schedule that establishes payment standard amounts by unit size for each FMR
area in the PHA's jurisdiction, that are within the basic range of 90 to 110
percent of the published FMR.
• Points are based on whether the PHA has appropriately adopted a payment
standard schedule(s), according to the PHA's certification.
Indicator 9: Annual reexaminations
Maximum Points: 10
• This indicator shows whether the PHA completes a reexamination for each
participating family at least every 12 months.
• Points are based on the percent of reexaminations that are more than 2 months
overdue, according to data from IPIC.
Indicator 10: Correct tenant rent calculations
Maximum Points: 5
• This indicator shows whether the PHA correctly calculates the family's share of
the rent to owner.
• Points are based on the percent of correct calculations of family share of the
rent, according to data from PIC.
Indicator 11: Pre - contract HQS inspections
Maximum Points: 5
• This indicator shows whether newly leased units pass HQS inspection on or
before the effective date of the assisted lease and HAP contract.
• Points are based on the percent of newly leased units that passed HQS
inspection prior to the effective date of the lease and HAP contract, according to
data from PIC.
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Indicator 12: Annual HQS inspections
Maximum Points: 10
• This indicator shows whether the PHA inspects each unit under contract at least
annually.
• Points are based on the percent of annual HOS inspections of units under
contract that are more than 2 months overdue, according to data from PIC.
Indicator 13: Lease -up
Maximum Points: 20 points
• This indicator shows whether the PHA enters HAP contracts for the number of
units or funding reserved under ACC for at least one year.
• Points are based on the percent of units leased during the last completed PHA
fiscal year, or the percent of allocated budget authority that has been expended
by the PHA, according to data from the PHA's last year -end operating statement
that is recorded in HUD's accounting,systern.
Indicator 14: Family self- sufficiency (FSS) enrollment and escrow account
balances
Maximum Points: 10
Only applies to PHAs with mandatory FSS programs.
• This indicator shows whether the PHA has enrolled families in the FSS program
as required, and measures the percent of current FSS participants that have
had increases in earned income which resulted in escrow account balances.
• Points are based on the percent of mandatory FSS slots that are filled and the
percent of families with escrow account balances, according to data from PIC.
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Success Rate of Voucher Holders
Maximum Points: 5
• Only applies to PHAs that have received approval to establish success rate
payment standard amounts, and isn't effective until the second full PHA fiscal
year following the date of HUD approval of success rate payment standard
amounts.
• This indicator shows whether voucher holders were successful in leasing units
with voucher assistance.
• Points are based on the percent of families that were issued vouchers, and that
became participants in the voucher program.
Deconcentration Bonus Indicator
Maximum Points: 5
• Submission of data for this indicator is mandatory. for a PHA using one or more
payment standard amount(s) that exceed(s) 100 percent of the published FMR
set . at the 50 percentile rent, starting with the second full PHA fiscal year
following initial use of payment standard amounts based on the FMRs set at the
50th percentile.
• Additional points are available to PHAs that have jurisdiction in metropolitan
FMR areas and that choose to submit the required data.
• Points are based on whether the data that is submitted meets the requirements
for bonus points.
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PART VI: RECORD KEEPING
16 -VI.A. OVERVIEW
The PHA must maintain complete and accurate accounts and other records for the
program in accordance with HUD requirements, in a manner that permits a speedy and
effective audit. All such records must be made available to HUD or the Comptroller
General of the United States upon request.
In addition, the PHA must ensure that all applicant and participant files are maintained
in a way that protects an individual's privacy rights.
16 -VI.B. RECORD RETENTION [24 CFR 982.1581
During the term of each assisted lease, and for at least three years thereafter, the PHA
must keep:
• A copy of the executed lease;
• The HAP contract; and
• The application from the family.
In addition, the PHA must keep the following records for at least three years:
• Records that provide income, racial, ethnic, gender, and disability status data on
program applicants and participants;
• An application from each ineligible family and notice that the applicant is not eligible;
• HUD - required reports;
• Unit inspection reports;
• Lead -based paint records as required by 24 CFR 35, Subpart B.
• Accounts and other records supporting PHA budget and financial statements for the
program;
• Records to document the basis for PHA determination that rent to owner is a
reasonable rent (initially and during the term of a HAP contract); and
Other records specified by HUD.
If an informal hearing to establish a family's citizenship status is held, longer retention
requirements apply for some types of documents. For specific requirements, see
Section 16- III.D., Retention of Documents.
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16 -VI.C. RECORDS MANAGEMENT
PHAs must maintain applicant and participant files and information in accordance with
the regulatory requirements described below.
All applicant and participant information will be kept in a secure location and access will
be limited to authorized PHA staff.
PHA staff will not discuss personal family information unless there is a business reason
to do so. Inappropriate discussion of family information or improper disclosure of family
information by staff will result in disciplinary action.
Privacy Act Requirements [24 CFR 5.212 and Form -9886]
The collection, maintenance, use, and dissemination of social security numbers (SSN),
employer identification numbers (ElN), any information derived from these numbers,
and income information of applicants and participants must be conducted, to the extent
applicable, in compliance with the Privacy Act of 1974, and all other provisions of
Federal, State, and local law.
Applicants and participants, including all adults in the household, are required to sign a
consent form, HUD -9886, Authorization for Release of Information. This form
incorporates the Federal Privacy Act Statement and describes how the information
collected using the form may be used, and under what conditions HUD or the PHA may.
release the information collected.
Upfront Income Verification (UIV) Records
PHAs that access UIV data through HUD's Enterprise Income Verification (EIV) System
are required to adopt and follow specific security procedures to ensure that all EIV data
is protected in accordance with Federal laws, regardless of the media on which the data
is recorded (e.g. electronic, paper). These requirements are contained in Enterprise
Income Verification (EIV) System PHA Security Procedures, Version 1.2, issued
January 2005.
Prior to utilizing HUD's UIV system, the PHA will adopt and implement UIV security
procedures required by HUD.
Criminal Records
The PHA may only disclose the criminal conviction records which the PHA receives
from a law enforcement agency to officers or employees of the PHA, or to authorized
representatives of the PHA who have a job - related need to have access to the
information [24 CFR 5.903(e)].
The PHA must establish and implement a system of records management that ensures
that any criminal record received by the PHA from a law enforcement agency is
maintained confidentially, not misused or improperly disseminated, and destroyed, once
the purpose for which the record was requested has been accomplished, including
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expiration of the period for filing a challenge to the PHA action without institution of a
challenge or final disposition of any such litigation [24 CFR 5.903(g)].
The PHA must establish and implement a system of records management that ensures
that any sex offender registration information received by the PHA from a State or local
agency is maintained confidentially, not misused or improperly disseminated, and
destroyed, once the purpose for which the record was requested has been
accomplished, including expiration of the period for filing a challenge to the PHA action
without institution of a challenge or final disposition of any such litigation. This
requirement does not apply to information that is public information, or is obtained by a
PHA other than under 24 CFR 5.905.
Criminal records received by the Housing Authority are maintained confidentially, not
misused, nor improperly disseminated and kept locked during non - business hours. All
criminal records will be destroyed no later than 30 calendar days after a final
determination is made.
Disclosure of Criminal Records to Family
The applicant or family member requesting to be added to the household will be
provided with a copy of the criminal record upon request and an opportunity to dispute
the record. Applicants will be provided an opportunity to dispute the record at an
informal review. Participants may contest such records at an informal hearing [24 CFR
§982.553(d)].
Medical /Disability Records
PHAs are not permitted to inquire about the nature or extent of a person's disability. The
PHA may not inquire about a person's diagnosis or details of treatment for a disability or
medical condition. If the PHA receives a verification document that provides such
information, the PHA should not place this information in the tenant file. The PHA
should destroy the document.
PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH
ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL
16- VII.A. OVERVIEW
The PHA has certain responsibilities relative to children with environmental intervention
blood lead levels that are receiving HCV assistance. The notification, verification, and
hazard reduction requirements are discussed in Chapter 8. This part deals with the
reporting requirements, and data collection and record keeping responsibilities that the
PHA is subject to.
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16- VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(0)]
The PHA must report the name and address of a child identified as having an
environmental intervention blood lead level to the public health department within 5
business days of being so notified by any other medical health care professional.
The PHA will provide the public health department written notice of the name and
address of any child identified as having an environmental intervention blood lead level.
16- VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(f)]
At least quarterly, the PHA must attempt to obtain from the public health department(s)
with a similar area of jurisdiction, the names and/or addresses of children less than 6
years old with an identified environmental intervention blood lead level.
If the PHA obtains names and addresses of environmental intervention blood lead level
children from the public health department(s), the PHA must match this information with
the names and addresses of families receiving HCV assistance, unless the public health
department performs such a procedure. If a match occurs, the PHA must carry out the
notification, verification, and hazard reduction requirements discussed in Chapter 8, and
the reporting requirement discussed above.
At least quarterly, the PHA must also report an updated list, of the addresses of units
receiving assistance under the HCV program to the same public health department(s),
unless the public health department(s) states that it does not wish to receive such a
report.
The public health department(s) has stated they do not wish to receive a report of an
updated list of the addresses of units receiving assistance under the HCV program, on a
quarterly basis. Therefore, the PHA is not providing such a report.
PART Vlll. DETERMINATION OF INSUFFICIENT FUNDING
16- VIII.A. OVERVIEW
The HCV regulations allow PHAs to deny families permission to move and to terminate
Housing Assistance Payments (HAP) contracts if funding under the consolidated ACC is
insufficient to support continued assistance [24 CFR 982.314(e)(1) and 982.4541.
Insufficient funding may also impact the PHA's ability to issue vouchers to families on
the waiting list. This part discusses the methodology the PHA will use to determine
whether or not the PHA has sufficient funding to issue vouchers, approve moves, and to
continue subsidizing all families currently under a HAP contract.
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16- VIIII.B. METHODOLOGY
The PHA will determine whether there is adequate funding to issue vouchers, approve
moves to higher cost units and areas, and continue subsidizing all current participants
by comparing the PHA's annual budget authority to the annual total HAP needs on a
monthly basis. The total HAP needs for the calendar year will be projected by
establishing the actual HAP costs year to date. To that figure, the PHA 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 PHA cannot support the cost of the proposed subsidy commitment (voucher
issuance or move) based on the funding analysis, the PHA will be considered to have
insufficient funding.
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