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Home My WebLink About07.21.21 staff reportNOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL 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, July 21, 2021 at 5:00 PM. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Posted: July 15, 2021. i Emm J. Estrada -S' Mayor AFFIDAVIT OF POSTING 1, Marlen Garcia, 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 24 hours prior to the meeting of July 21, 2021. Marlen Garc' City Clerk AGENDA BALDWIN PARKCITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 July 21, 2021 5:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https.11www.youtube.comlchannellUCFLZO dQF as=subscriber .Rjy59rhiDZ13Fq1featured?view ht(p.-Abaldwinpark. granicus. comlViewPublisherghp ?view id=10 Audio Streaming Simultaneously in Spanish will be available at- https.11www.youtube.comlchannellUC3bPFBIHcoPIksIX etmGcA g L 0 H U F IV -64' ............ E JANX) Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tern Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al p6blico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda. agenda. In accordance with Chapter 39 of the De acuerdo con e/ capitulo 39 del C6digo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio como una sola entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reuni6n. meeting. CITY COUNCIL SPECIAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 e/ 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 c/ . rcumstances 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 andlor schedule matters for consideration at a future meeting. [Government Code §54954.21 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 acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia 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 y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] OPEN SESSIONISTUDY SESSION ARP Funding Presented by Director of Finance, Rose Tam RECESS TO CLOSED SESSION 1. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 14338 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Mandani, Armado D., and Mandani, Evangelina M. B. Property: 14332 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Weng, Wen Pin, and Wong, Yee Ling C. Property: 4753 Maine Avenue Negotiating Parties: City of Baldwin Park and D&Z Properties LLC D. Property: 12760-79 Torch Street Negotiating Parties: City of Baldwin Park and Habitat for Humanity E. Property: 4618 Kenmore Avenue Negotiating Parties: City of Baldwin Park and Macbain, Robert C. F. Property: 4562 Phelan Avenue, Baldwin Park, 91706 Negotiating Parties: City of Baldwin Park and La, Ann Phuoc G. Property: 12714 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Atlantis Properties, LLC 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Daniel Rodriguez v. City of Baldwin Park Case No. 21 STCV21129 Case Name: John Rodriguez v. City of Irwindale Case No. BC665690 Case Name: City of Baldwin Park v. City of Irwindale, et al Case No. BS163400 Los Angeles County Superior Court Case 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Enrique C. Zaldivar, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 4. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Four (4) 5. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. C. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research D. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park E. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP F. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. G. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group H. Property: 4802 Littlejohn Street, Suite B (CAN 17-29) Negotiating Parties: City of Baldwin Park and Yichang Bai W&F International Corp. 1. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. J. Property: 15440,15442 and 15444 Arrow Highway (CAN 18-01) Negotiating Parties: City of Baldwin Park and Tim McCarty Ala Karte, LLC K. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. L. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. M. Property: Negotiating Parties N. Property: Negotiating Parties: 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 0. Property: 5018 Lante Street Negotiating Parties: City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, 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 24 hours prior to the meeting of July 15, 2021. O�tt�Mar City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext 466 or e- mail Imorales(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 ll) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 July 21, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https.-Ilwww.)�outube.comlchannellUCFLZO dDER featured?view as=subscriber jy59rhiQZ13Eg1 http.-Abaldwinpark. granicus. corn/ViewPublisher.12h12 ?view id=10 Audio Streaming Simultaneously in Spanish will be available at: htWs:llwww.voutube.com/�hannel/UC3bPFBIHcoPIks]XqetmGcA U'� . .. .. .. . .. ............... . co) """V A L 1 E Y, 0 JANOP'� Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tern Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL POBLICO The public is encouraged to address the City Se invita al p6blico a dirigirse al Concilio o cualquier Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que est6 bajo su In accordance with Chapter 39 of the Baldwin jurisdicci6n. De acuerdo con e/ capitulo 39 del Park Municipal Code, Speakers must C6digo Municipal de la Ciudad de Baldwin Park, los address the Council as a whole and refrain comentaros deben se difigidos al Concilio como una from making impertinent, slanderous, or sola entidad, y no ser impertinentes, difamatorios, o profane remarks or disrupt the peace of the profanos, o interrumpir la paz de la reuni6n. meeting. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Expanding Affordable Homeownership in Baldwin Park Presented by Bryan Wong, Executive Director, San Gabriel Valley Habitat for Humanity PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 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 andlor schedule matters for consideration at a future meeting. [Government Code §54954.21 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 acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista algcina emergencia 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 y1d 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 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. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer's Report — May 2021 Staff recommends that Council receive and file the Treasurer's Report for May 2021. City Council Agenda Page 2 3. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of July 14, 2021. 4. Ratify and Adopt a Resolution Approving an Amendment to the CalPERS Contract Staff recommends that the City Council approve, ratify and adopt Resolution No. 2021- 028 approving the amendment to the contract with CalPERS and the City of Baldwin Park to reflect the PEMHCA minimum contributions for employee and retiree (annuitant) health benefit plan enrollment costs. 5. Selection of an Audit Firm to Provide Independent Professional Annual Audit Services Staff recommends that the City Council select Eide Bailly LLP to provide independent professional annual financial audit services for the next three fiscal years ending June 30, 2023, with an option to extend an additional two one-year periods ending June 30, 2024 and 2025, respectively; and to authorize the Mayor to sign the engagement letter subject to review and approval by the City Attorney. 6. Authorization to Approve City -Wide Naming Policy Staff recommends that the City Council approve the City -Wide Naming Policy 7. Approval to Enter into an Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc. under the Measure H Cities Homeless Implementation Grant Staff recommends that the City Council: 1. Approve the Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc. to implement the Measure H Grant Funds; and 2. Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc.; and 4. Authorize the Finance Director to make a budget amendment and provide account numbers to record the grant and related expenditures accordingly; and 5. Authorize the Director of Recreation and Community Services to execute further documents and reporting. 8. Approval to Amend and Extend Contract Agreement between the City of Baldwin Park and Los Angeles County -City Planning Grant Implementation of Cities (Baldwin Park, El Monte, South El Monte) Homeless Plans Staff recommends that the City Council: 1. Approve the Amendment No. 1 (one) contract agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, El Monte, and South El Monte) Homeless Plan; and 2. Authorize the Director of Recreation and Community Services to execute further document and reporting. City Council Agenda Page 3 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 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. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — May 2021 Staff recommends that the Board receive and file the Treasurer's Report for May 2021. PUBLIC HEARING 9. Update of the City of Baldwin Park and Baldwin Park Fee Schedule Based on Consumer Price Index (CPI) and other Adjustments Staff recommends that the City Council conduct the public hearing, accept public testimony, and approve the proposed updated City-wide Fee Schedule and corresponding Resolution Number 2021-029. REPORTS OF OFFICERS 10. Approval of Agreement/s for Communications and Social Media Services It is recommended that the City Council choose firms from the list and authorize the Mayor and City Clerk to execute agreements with the selected firms. 11. Request for Direction on a Proposed Ordinance Prohibiting the Sale of Flavored Tabaco Products Staff recommends that the City Council provide direction and comments on the proposed ordinance, after which, staff will bring back a final draft for a first reading. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Council Member Monica Garcia Council Member Garcia requests discussion on the ROEM proposed projects Phase 11 and Phase 111, in light of the Housing Element Update and City obligations to create affordable housing as set forth by the State of California. ADJOURNMENT City Council Agenda Page 4 CERTIFICATION 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, 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 15 th day of July, 2021. �?Amh-vAuZ Marlen Garcia City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e -mai at Lmorales@baidwinpark 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 11) City Council Agenda Page 5 ITEM NO. 1 TO: Honorable Mayor and Members of the City Council .......... ""6RIEL FROM: Rose Tam, Director of Finance 1�1'11 DATE: July 21, 2021 JANO SUBJECT: City of Baldwin Park's Warrants and Demands Al IMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $453,428.19 and the attached General Warrants Register was $1,080,317.70 for a total amount of $1,533,745.89. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 201116 to 201126 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 27612 to 27830 for the period June 13, 2021 through June 26, 2021, inclusive; these are presented and hereby ratified in the amount of $453,428.19. 2. General Warrants, with the bank drafts in the amount of $152,105.54 and checks from 233035 to 233243 in the amount of $928,212.16 for the period of June 29 2021 to July 12, 2021, inclusive; in the total amount of $1,080,317.70 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register 'g. � 0, 0 n � � 0 '0 � bo :2 �� ,n 00 � V ;� " 4 0 m � r- , � r- ;;; I, �! :t� � �� f g t- � � � , 'D t- - � Ci li ri c� lei li (i C� �i Oi <� li C! t-� In In In ;7, In In I- m In C> t� �t In I, cl) �t CD 't I, cw� C) �t w C� C? 1� C? C? c,l In s s s s s s M4,4mmoommm M In - - - - 00 W In In In In In I, V� C� I? C� 1�1 C� 1�1 I� q, r� 1�1 r� 1�1 I? ll� 1� 1� I? a, C, CD KD 4D CD KD (D (D CD 1:1 C> �> 0 N I- t- I, It I, g Ip 1�1 17? C? 1� C? C? I? w? 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P� P� 'A QD 9) z z z 000 000 0 u L) 0 0 F� F- P 0 i,4 �4 �4 p p — — — o 0 0 V) En �o In ull �h V) V) �n w �D w 1% C'2 E E 0 90 0 Ol 0 0 0 00 00 0 0 CD C, C� C, 0 <> Q g Q Q Q g Q In i�� F �z i� �2 �2 '2 W 0 0 60 0, g g -d' Al C4 " M In. In In m In In 11 m In In In In In e,i 1-4 N N c,4 Honorable Mayor and Members of the City Council Rose Tam, Director of Finance July 21, 2021 Treasurer's Report — May 2021 9 SUMMARY Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report TO: OF,11'�, ''r FROM: DATE: ko SUBJECT: JANO Honorable Mayor and Members of the City Council Rose Tam, Director of Finance July 21, 2021 Treasurer's Report — May 2021 9 SUMMARY Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2021 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE _YALUE State of California Local Agency Investment Fund (LAIF) City -including General Fund & all other Special Revenue Funds 0.315% Varies Varies $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 Housing Authority 0.315% Varies Varies 14,095.07 14,095.07 14,095.07 14,095.07 26,857,467.42 26,857,467.42 26,857,467.42 26,857,467.42 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 10,005,848.80 10,005,848.80 10,005,848.80 10,005,848.80 Fiscal Agent Funds - Successor Agency (TrustlDebt Service Fund) Varies Varies Varies 0.91 0.91 0.91 0.91 10,005,849.71 110,005,849�71 110,005,849�71 10,005,849.71 $ 36,863,31713 $ 36,863,317.13 36,863,317.13 $ 36,863,317.13 Total Investments $ 36,863,317.13 Cash with Bank of the West City Checking 11,309,051.40 Money Market Plus 42,721 �05 City Miscellaneous Cash 654,890.19 Successor Agency 1,433,756�89 Housing Authority 615,049�66 Financing Authority 11,700�00 Total Cash with Bank of the West 14,067,169.19 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,699�66 Total Cash and Investments $ 51,188,185.98 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012, The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of May 2021 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et 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: Rose Tam Director of Finance ITEM NO. 3 TO: Honorable Mayor and Members of the City Council ,HU �OF" FROM: Lourdes Morales, Chief Deputy City Clerk DATE: July 21, 2021 E V"' WOO) SUBJECT: Meeting Minutes SUMMARY The City Council held Special City Council Meeting on the date listed below. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meeting: Special City Council Meeting of July 14, 2021. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Attachment - Special City Council Meeting of July 14, 2021. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING July 14, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:07 PM by Mayor Estrada. ROLL CALL City Clerk Garcia performed roll call: PRESENT: Council Member Danny Damian Mayor Pro Tern Alejandra Avila Mayor Emmanuel J. Estrada ABSENT: Council Member Garcia Council Member Hernandez MOTION: It was moved by Mayor Estrada, seconded by Mayor Pro Tern Avila to excuse Council Member Garcia and Hernandez from the meeting. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:07 PM. Seeing no one wishing to speak, Mayor Estrada closed Public Communications at 5:07 PM. OPEN SESSION None The City Council recessed into closed session at 5:07 PM. RECESS TO CLOSED SESSION 1. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 14338 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Mandani, Armado D., and Mandani, Evangelina M. Special Meeting of 7/14/21 Page 1 of 2 B. Property: 14332 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Weng, Wen Pin, and Wong, Yee Ling C. Property: Negotiating Parties D. Property: Negotiating Parties E. Property: Negotiating Parties F Property: Negotiating Parties G. Property: Negotiating Parties 4753 Maine Avenue City of Baldwin Park and D&Z Properties LLC 12760-79 Torch Street City of Baldwin Park and Habitat for Humanity 4618 Kenmore Avenue City of Baldwin Park and Macbain, Robert C. 4562 Phelan Avenue, Baldwin Park, 91706 City of Baldwin Park and La, Ann Phuoc 12714 Ramona Boulevard City of Baldwin Park and Atlantis Properties, LLC RECONVENE IN OPEN SESSION The City Council reconvened into open session at 7:07 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Council Member Damian, to adjourn the meeting at 7:07 PM. Emmanuel I Estrada, Mayor ATTEST: Marlen Garcia, City Clerk "WIJ-400071-"s Special Meeting of 7/14/21 Page 2 of 2 ITEM NO. 4 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: July 21, 2021 SUBJECT: Ratify and Adopt a Resolution Approving an Amendment to the CalPERS Contract SUMMARY The City of Baldwin Park was recently informed that the current contract between CalPERS and the City should clearly reflect, in the form of a Resolution, the City's obligation to employees and retirees to cover the PEMHCA minimum (currently $143 per employee) for health benefit plan enrollment costs, as required under the Public Employees' Medical and Hospital Care Act (the "Act"). As a result, this report seeks City Council consideration and adoption of a Resolution required by CalPERS to amend the CalPERS contract. RECOMMENDATION Staff recommends that the City Council approve, ratify, and adopt Resolution No. 2021-028 approving the amendment to the contract with CalPERS and the City of Baldwin Park to reflect the PEMHCA minimum contributions for employee and retiree (annuitant) health benefit plan enrollment costs. FISCAL IMPACT There is no fiscal impact. BACKGROUND The City of Baldwin Park has always fulfilled its obligation to pay the PEMHCA minimum to employees and retirees (annuitants) as clearly summarized in the respective MOU's and employment agreements. However, CalPERS indicated that the actual contract between the City of Baldwin Park and CalPERS should be amended to reflect the City's PEMHCA minimum contribution plus any other administrative fees in accordance with Government Code Section 22892. Approval of the attached CalPERS resolution will bring the City into full compliance. ALTERNATIVES There are no alternatives as the amendment between CalPERS and the contracting agency (City of Baldwin Park) is required under Government Code Section 22892. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2021- 028 RESOLUTION NO. 2021-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUINTANTS WHEREAS, City of Baldwin Park, is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act (the "Act"); and WHEREAS, Government Code Section 22892 (a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, Government Code Section 22892 (b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by section 22892 (b) of the Act; now, therefore be it RESOLVED, That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of: Code Bargaining Unit Contribution Per Month 001 Peace Officer PEMHCA Minimum 003 General Maintenance Employees PEMHCA Minimum 004 Management PEMHCA Minimum 005 General Clerical Employees PEMHCA Minimum 010 Executive PEMHCA Minimum Oil Confidential PEMHCA Minimum 012 Elected Officials PEMHCA Minimum 014 Professional/Technical PEMHCA Minimum 015 Non -Represented PEMHCA Minimum Plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, City of Baldwin Park has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further RESOLVED, that the participation of the employees and annuitants of City of Baldwin Park shall be subject to determination of its status as an "agency or instrumentality of the state or political subdivision of a State" that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Baldwin Park would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, That the executive body appoint and direct, and it does hereby appoint and direct, Human Resources to file with the Board a verified copy of this resolution, and to perform on behalf of City of Baldwin Park all functions required of it under the Act; and be if further RESOLVED, That the executive body appoints and directs, and it does hereby appoint and direct, Human Resources to file with the Board a verified copy of this resolution, and to perform on behalf of City of Baldwin Park all function required of it under the Act; and be it further RESOLVED, That coverage under the Act be effective on October 1, 2021. PASSED, APPROVED, AND ADOPTED this 21st day of July 2021. EMANUEL ESTRADA MAYOR ATTEST: -1 SS: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK 1, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-028 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 21, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK Please staple on top of your health resolution(s) or cover letter. This will ensure that the CalPERS mailroom expedites delivery to our office. Mail packet to either: Overnight Mail Service California Public Employees' Retirement System Health Resolutions & Compliance Services, HAIVID 400 Q Street Sacramento, CA 95811 Regular Mail California Public Employees' Retirement System Health Resolutions & Compliance Services, HAIVID PO BOX 942714 Sacramento, CA 94229-2714 HEALTH D ki -10 CalPERS ID # 2485886186 Agency Name City of Baldwin Park Desired Effective Date October 11t, 2021 RESOLUTION NO. Number FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WHEREAS, (1) City of Baldwin Park is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act (the "Act"); and WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of: Code Bargaining Unit Contribution Per Month 001 Peace Officers PEMHCA Minimum 003 General Maintenance Employees PEMHCA Minimum 004 Management PEMHCA Minimum 005 General Clerical Employees PEMHCA Minimum 010 Executive PEMHCA Minimum Oil Confidential PEMHCA Minimum 012 Elected Officials PEMHCA Minimum 014 Professional/Technical PEMHCA Minimum 015 Non -Represented PEMHCA Minimum plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, (b) has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further CalPERS Health Resolution (Change), Revised November 2019 RESOLVED, (C) That the participation of the employees and annuitants of City of Baldwin Park shall be subject to determination of its status as an "agency or instrumentality of the state or political subdivision of a State" that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Baldwin Park would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Human Resources to file with the Board a verified copy of this resolution, and to perform on behalf of City of Baldwin Park all functions required of it under the Act; and be it further RESOLVED, (e) That coverage under the Act be effective on October 1, 2021. Adopted at a Board meeting of the City of Baldwin Park at 14403 E. Pacific Ave. Baldwin Park, CA. 91706, this 21 day of July, 2021. Signed: Attest: Emanuel Estrada, Mayor Marlen Garcia, City Clerk CalPERS Health Resolution (Change), Revised November 2019 STA SUMMARY ITEM NO. 5 TO: Honorable Mayor and Members of the City Council for the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: July 21, 2021 SUBJECT: Selection of an Audit Firm To Provide Independent Professional Annual Audit Services The purpose of this staff report is to select a firm for the City's annual independent audit services. The City Council directed staff to issue an RFP for independent professional annual audit services. Of the six firms that were invited, Eide Bailly LLP, The Pun Group LLP and Rogers, Anderson, Malody & Scott responded. RECOMMENDATION Staff recommends that the City Council select Eide Bailly LLP to provide independent professional annual financial audit services for the next three fiscal years ending June 30, 2023, with an option to extend an additional two one-year periods ending June 30, 2024 and 2025, respectively; and to authorize the Mayor to sign the engagement letter subject to review and approval by the City Attorney. FISCAL IMPACT There will be a projected annual savings of $10K if Eide Bailly LLP is selected. The annual professional fee for the first three years will not exceed $59,750. The proposal includes the option to extend the contract for an additional two one-year periods. BACKGROUND The City is required to have its financial records, transactions, procedures and policies audited on an annual basis by an independent audit firm. The City signed agreement with Vasquez & Company LLP to begin auditing services in FY2015-16. They have performed the City's auditing services for the past five years. It is recommended by the Government Accounting Standards Board (GASB), which sets up the procedures for governmental agency audits and reports, that the local agency should have request for proposals every 5 to 7 years and consider using a different firm. The scope of audit services includes a financial audit and preparation of the financial statements of the following: City of Baldwin Park, including the preparation of the City's Comprehensive Annual Financial Report (CAFR); Preparation of Annual State Controller's Report and Street Report for the City; A single Audit of Federal grants to be performed to meet the requirements of the U.S. Office of Management and Budget (OMB) Circular A-1 33; An agreed-upon procedures review of the calculation of the City's Appropriation Limit (GANN), as required by Sectionl.5 of Article XIIIB of the California Constitution; A management letter containing any comments or recommendations resulting from the firm's review of the systems of internal controls in connection with financial audits; and A report communicating information related to the audit to those in charge of governance at the conclusion of the audits. Below is the summary of proposed audit fees from the three firms: List of Auditing Firms Responded to RFP in 2021 Proposed Audit Fees Name of Firm FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/2S Five Years Totals Eide Bailly LLP 59,750 59,750 59,750 61,543 63,389 $ 304,182 The Pun Group LLP 65,000 66,950 68,959 71,027 73,158 $ 345,094 Rogers, Anderson, Malody & Scott, LLP 70,900 70,900 72,840 72,840 74,680 $ 362,160 1 1 ALTERNATIVE The City Council may select one of the other two firms listed above. LEGAL REVIEW The City Attorney has reviewed this report and the attached engagement letter from Eide Bailly LLP. ATTACHMENT 1. Eide Bailly LLP Engagement Letter PA EldeBailly CPAs & BUSINESS ADVISORS June 1, 2021 To the Honorable Mayor and City Council City of Baldwin Park, California You have requested that we audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Baldwin Park, California (City) as of June 30, 2021, and for the year then ended, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. In addition, we will audit the entity's compliance over major federal award programs for the period ended June 30, 2021. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the entity's major federal award programs. Accounting principles generally accepted in the United States of America require that certain information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be audited: Management's Discussion and Analysis Budgetary Comparison Schedules for the General Fund and Major Special Revenue Funds Pension and Other Post -Employment Benefits (OPEB) Schedules Supplementary information other than RSI will accompany the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole: 1. Schedule of Expenditures of Federal Awards 2. Combining and Individual Fund Statements and Schedules What inspires you, inspires us. eidebailly.com 10681 Foothill Blvd., Ste. 300 Rancho Cucamonga, CA 91730-3831 : T909.466.4410 F 909.466.4431 FOE Schedule of Expenditures of Federal Awards We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole. Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements: 1. Introductory Section of the Annual Comprehensive Financial Report (ACFR) 2. Statistical Section of the ACFR Data Collection Form Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our audit findings, amounts and conclusions. It is management's responsibility to submit a reporting package including financial statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass-through entities. The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors' reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk. Audit of the Financial Statements We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America; the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, andAudit Requirementsfor Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of cash, investments, and certain other assets and liabilities by correspondence with creditors and financial institutions. As part of our audit process, we will request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, detected abuse, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America. Please note that the determination of abuse is subjective, and Government Auditing Standards does not require auditors to detect abuse. In making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any other periods. We will issue a written report upon completion of our audit of the City's basic financial statements. Our report will be addressed to the governing body of the City. We cannot provide assurance that any unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis -of -matter or other -matter paragraph(s), or withdraw from the engagement. In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. Audit of Major Program Compliance Our audit of the City's major federal award program(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the Uniform Guidance and will include tests of accounting records, a determination of major programs in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of determining major federal programs and performing the applicable procedures described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the entity's major programs. The purpose of those procedures will be to express an opinion on the entity's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Also, as required by the Uniform Guidance, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the entity's major federal award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the entity's major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with governance, acknowledge and understand that they have responsibility: 1. For the preparation and fair presentation of the basic financial statements in accordance with accounting principles generally accepted in the United States of America; 2. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of basic financial statements that are free from material misstatement, whether due to fraud or error; 3. For identifying, in its accounts, all federal awards received and expended during the period and the federal programs under which they were received, including federal awards and funding increments received prior to December 26, 2014 (if any), and those received in accordance with the Uniform Guidance (generally received after December 26, 2014); 4. For maintaining records that adequately identify the source and application of funds for federally funded activities; 5. For preparing the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance; 6. For the design, implementation, and maintenance of internal control over federal awards; 7. For establishing and maintaining effective internal control over federal awards that provides reasonable assurance that the nonfecleral entity is managing federal awards in compliance with federal statutes, regulations, and the terms and conditions of the federal awards; 8. For identifying and ensuring that the entity complies with federal statutes, regulations, and the terms and conditions of federal award programs and implementing systems designed to achieve compliance with applicable federal statutes, regulations, and the terms and conditions of federal award programs; 9. For disclosing accurately, currently, and completely, the financial results of each federal award in accordance with the requirements of the award; 10. For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented; 4 11. For taking prompt action when instances of noncompliance are identified; 12. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; 13. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; 14. For submitting the reporting package and data collection form to the appropriate parties; 15. For making the auditor aware of any significant contractor relationships where the contractor is responsible for program compliance; 16. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to federal award programs, such as records, documentation, and other matters; b. Additional information that we may request from management for the purpose of the audit; and c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. 17. For adjusting the basic financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current period under audit are immaterial, both individually and in the aggregate, to the basic financial statements as a whole; 18. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work; 19. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; 20. For informing us of any known or suspected fraud affecting the entity involving management, employees with significant role in internal control and others where fraud could have a material effect on compliance; 21. For the accuracy and completeness of all information provided; 22. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and 23. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter. With respect to any nonattest services we perform, we agree to perform the following: • Prepare or assist with preparing financial statements in conformity with U.S. generally accepted accounting principles based on information provided by you. • Completion of the auditee's portion of the Data Collection Form Preparation of State Controller's report and Street Report The City's management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities. With regard to the schedule of expenditures of federal awards referred to above, you acknowledge and understand your responsibility (a) for the preparation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance, (b) to provide us with the appropriate written representations regarding the schedule of expenditures of federal awards, (c) to include our report on the schedule of expenditures of federal awards in any document that contains the schedule of expenditures of federal awards and that indicates that we have reported on such schedule, and (d) to present the schedule of expenditures of federal awards with the audited financial statements, or if the schedule will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the schedule of expenditures of federal awards no later than the date of issuance by you of the schedule and our report thereon. With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements ' to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. As part of our audit process, we will request from management and, when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit. We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Fees and Timing David Showalter is the engagement partner for the audit services specified in this letter. Responsibilities include supervising services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. We expect to begin our audit on approximately July 2021. Our fees are based on the amount of time required at various levels of responsibility, plus actual out-of-pocket expenses. Invoices are payable upon presentation. Our fee for these services will be in accordance with our Proposal to Provide Audit Services, dated April 28, 2021. We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee estimate. Whenever possible, we will attempt to use the City's personnel to assist in the preparation of schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate the timely conclusion of the audit. Further, we will be available during the year to consult with you on financial management and accounting matters of a routine nature. In addition, we will be compensated for any time and expenses, including time and expenses of legal counsel, we may incur in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of our Firm's performance of these services. You and your attorney will receive, if lawful, a copy of every subpoena we are asked to respond to on your behalf and will have the ability to control the extent of the discovery process to control the costs you may incur. Should our relationship terminate before our audit procedures are completed and a report issued, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due. Other Matters During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. We may use third party service providers and/or affiliated entities (including Eide Bailly Shared Services Private Limited) (collectively, "service providers") in order to facilitate delivering our services to you. Our use of service providers may require access to client information by the service provider. We will take reasonable precautions to determine that they have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. We will remain responsible for the confidentiality of client information accessed by such service provider and any work performed by such service provider. The audit documentation for this engagement is the property of Eide Bailly LLP and constitutes confidential information. However, we may be requested to make certain audit documentation available to oversight agencies pursuant to authority given to it by law or regulation. If requested, access to such audit documentation will be provided under the supervision of Eide Bailly LLP's personnel. Furthermore, upon request, we may provide copies of selected audit documentation to oversight agencies. The oversight agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least eight years from the date of our report. Further, we will be available during the year to consult with you on financial management and accounting matters of a routine nature. During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non- financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date of the auditor's report to the date the financial statements are issued. At the conclusion of our audit engagement, we will communicate to the Mayor and City Council the following significant findings from the audit: • Our view about the qualitative aspects of the entity's significant accounting practices; • Significant difficulties, if any, encountered during the audit; • Uncorrected misstatements, other than those we believe are trivial, if any; • Disagreements with management, if any; • Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; • Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; • Representations we requested from management; • Management's consultations with other accountants, if any; and • Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. Government Auditing Standards require that we provide, upon request, a copy of our most recent external peer review report and any subsequent review reports to the party contracting for the audit. Accordingly, we will provide a copy of our most recent peer review report at your request. Eide Bailly LLP is a member of HLB International, a worldwide organization of accounting firms and business advisors, ("HLB"). Each member firm of HLB, including Eide Bailly LLP is a separate and independent legal entity and is not owned or controlled by any other member of HLB. Each member firm of HLB is solely responsible for its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of HLB or any other member firm of HLB and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts or omissions of another member of HLB. Eide Bailly LLP formed The Eide Bailly Alliance Network, a network for small to mid-sized CPA firms across the nation. Each member firm of The Eide Bailly Alliance, including Eide Bailly LLP, is a separate and independent legal entity and is not owned or controlled by any other member of The Eide Bailly Alliance. Each member firm of The Eide Bailly Alliance is solely responsible for its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of The Eide Bailly Alliance or any other member firm of The Eide Bailly Alliance and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts or omissions of another member of The Eide Bailly Alliance. Eide Bailly, LLP has owners that are not licensed as certified public accountants as permitted under Section S079 of the California Business Code. It is not anticipated that any of the non -licensee owners will be performing audit services for the City. DISPUTE RESOLUTION The following procedures shall be used to resolve any disagreement, controversy or claim that may arise out of any aspect of our services or relationship with you, including this engagement, for any reason ("Dispute"). Specifically, we agree to first mediate. Mediation All Disputes between us shall first be submitted to non-binding mediation by written notice ("Mediation Notice") to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediator will be selected by mutual agreement, but if we cannot agree on a mediator, one shall be designated by the American Arbitration Association ("AAA"). The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Mediation will be conducted with the parties in person in Rancho Cucamonga, California. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Either party may commence suit on a Dispute after the mediator declares an impasse. Goveming Law and Venue We both agree to submit any unresolved Dispute to trial by a federal or state court venued in Minneapolis, Minnesota. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota (regardless of the laws that might be applicable under the principles of conflict of law) as to all matters including without limitation, matters of validity, construction, effect, and performance. LIMITATION OF DAMAGES AND NO PUNITIVE DAMAGES The exclusive remedy available to you in any adjudication proceeding shall be the right to pursue claims for actual damages that are directly caused by acts or omissions that are breaches by us of our duties under this agreement and/or under applicable professional standards, such damages will be limited to no more than two times fees paid under this agreement. In no event shall we be liable to you for any punitive or exemplary damages, or for attorneys' fees. TIME LIMITATION The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and fairly establishes the facts underlying any Dispute. We both agree that, notwithstanding any statute of limitations that might otherwise apply to a Dispute, it is reasonable that you may not bring any legal proceeding against us unless it is commenced within twenty-four (24) months ("Limitation Period") after the date when we deliver our report, return or other deliverable under this agreement to you, regardless of whether we do other services for you or that may relate to the audit. The Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not become aware of the existence or possible existence of a Dispute. I ki I Q a kTA ILI 111 You agree that none of Eide Bailly LLP, its partners, affiliates, officers or employees (collectively "Eide Bailly") shall be responsible for or liable to you for any misstatements in your financial statements that we may fail to detect as a result of knowing representations made to us, or the concealment or intentional withholding of information from us, by any of your owners, directors, officers or employees, whether or not they acted in doing so in your interests or for your benefit, and to hold Eide Bailly harmless from any claims, losses, settlements, judgments, awards, damages and attorneys' fees from any such misstatement, provided that the services performed hereunder were performed in accordance with professional standards, in all material respects. If a claim is brought against you by a third -party that arises out of or is in any way related to the services provided under this engagement, you agree to indemnify Eide Bailly LLP, its partners, affiliates, officers and employees, against any losses, including settlement payments, judgments, damage awards, punitive or exemplary damages, and the costs of litigation (including attorneys' fees) associated with the services performed hereunder provided that the services were performed in accordance with professional standards, in all material respects. ASSIGNMENTS PROHIBITED You agree that you will not and may not assign, sell, barter or transfer any legal rights, causes of actions, claims or Disputes you may have against Eide Bailly LLP, its partners, affiliates, officers and employees, to any other person or party, or to any trustee, receiver or other third party. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements compliance over major federal award programs including our respective responsibilities. We appreciate the opportunity to be your certified public accountants and look forward to working with you and your staff. Respectfully, ,O� C-.' rIA ?440-1411 �&� David Showalter Partner RESPONSE: This letter correctly sets forth our understanding. Acknowledged and agreed on behalf of the City of Baldwin Park, California by: Name: Title: Date: 10 ST TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: July 21, 2021 SUBJECT: Authorization to Approve City -Wide Naming Policy SUMMARY The purpose of this staff report is for City Council to provide authorization of the City -Wide Naming Policy. RECOMMENDATION Staff recommends that the City Council approve the City -Wide Naming Policy FISCAL IMPACT There is no fiscal impact at this time. BACKGROUND At their December 16, 2020 City Council Meeting, Mayor Pro -Tem Alejandra Avila with City Council consensus, directed Staff to present a City -Wide Naming Policy at a subsequent City Council Study Session. At the request of City Council, staff researched over 15 agencies and their established naming policies. The types of agencies ranged from municipalities, park districts, school districts and local colleges as well as universities. The draft Policy was presented at their March 3, 2021 and July 7, 2021 City Council Study Sessions. Staff was directed to present the policy for adoption at a subsequent City Council Meeting. The proposed Policy includes City Council recommendations from the City Council Study Sessions; revised waiting period qualifications, the process to remove an existing Street name, and the creation a nomination application. ALTERNATIVES Provide alternative direction or recommendation for the Policy. LEGAL REVIEW None required. ATTACHMENT 1) City -Wide Naming Policy CITY OF BALDWIN PARK CITY-WIDE NAMING POLICY PURPOSE: To establish uniform procedures for the naming or renaming of City Facilities and Streets to enhance the sense of honor and legacy in the City of Baldwin Park. GENERAL POLICY The following guidelines have been established to provide for a consistent procedure in the naming or renaming of City Facilities/Streets. PROVISIONS A. General Guidelines The City Council shall have the final authority to name and rename all City Facilities/Streets. 2. The City Council shall have the final authority to designate the CEO or an appointee to create a committee for review and commemoration of Facilities/Street names and commemorative plaques and monuments. 3. Under extraordinary circumstances, the City Council may, with a majority vote of City Councilmembers, revoke the current name of any Facility/Street. 4. It is the intent of this policy to prohibit the changing of street names that have existing homes or businesses using the street name in their address, except under extraordinary circumstances with a majority vote of City Councilmembers. 5. No Facility/Street shall be named after a current seated elected or appointed official, until one year has passed, after the completion of term. 6. No Facility/Street/Monuments shall be named more than once after an individual or organization. B. Qualifications for Naming of City Facilities 1. Qualifying criteria include the following: a. City controlled Facilities may be named or renamed after any group, individual, or family, living or deceased that has made significant and substantial contributions of a service, cultural or historic nature to the City of Baldwin Park, as determined by the City Council's designated public input process. Said contributions do not haveto be financial in nature; they may include extensive service and / or support the City organization of the community in general. b. The area in which the honoree made the most contribution should be considered when determining which Facility will be named after that person or group. That is, when possible, there should be a correlation between the service provided by the honoree and the Facility. Facility and Street Naming Page I of 4 c. No Facility shall be named or renamed after a deceased individual until at least one (1) year has passed. This qualification is appropriate to establish a waiting period to ensure that an individual's accomplishments and contributions will stand the test of time; and that decisions shall not be made on an emotional basis immediately following a person's death. d. When determining whether to rename a Facility, the party making the determination shall consider all factors he / she / they deem relevant, including whether some or all of the following accurately describe the person or organization for whom the Facility is proposed to be renamed: The person or organization made lasting and significant* contributions to the protection of natural or cultural resources of the City of Baldwin Park; or The person or organization made substantial* contributions to the betterment of a specific Facility/Street consistent with the established standards for the Facility/Street; or iii. The person or organization made substantial* contributions to the advancement of recreational opportunities with the City of Baldwin Park; or iv. The person or organization was associated with an economic development or redevelopment activity; or V. The person or organization had a positive impact on the lives of Baldwin Park's residents; or vi. The person or organization volunteered for ten (10) or more years of service to the community; or vii. Upon the naming or renaming of a Facility, the name shall not be used for any other dedication or renaming. viii. The City Council, in its sole and unlimited discretion, may remove or change the name of any Facility at any time, unless contractually obligated otherwise. *Additional information as to how / why the contribution of the individual or organization was significant orsubstantial may be required. C. Naming Criteria 1. Streets a. Names for streets shall be unique and distinct. Similar sounding or duplicate street names shall not be considered Facility and Street Naming Page 2 of 4 b. Street names shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Baldwin Park. c. Names with the same theme are suggested for naming streets in an entire subdivision, as a means of general identification. d. Discriminatory or derogatory names shall not be allowed. e. For the purposes of this policy, the changing of street names that have existing homes or businesses using the street name in their address shall not be allowed, except under extraordinary circumstances with a majority vote of City Councilmembers. 2. City Facilities a. For purposes of this Subsection C.2, City facilities refer to parks, buildings, or recreational facilities. b. For new City facilities, the naming process shall begin as early in the projectas possible. c. City facility names shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that made a lasting and significant contribution to the betterment of the City of Baldwin Park. d. Areas within City facilities that may be named separately from the main building include points of entry; rooms / patios within a City building; facility features (such as a column or fountain); walkways; trails, recreational facilities(such as group picnic areas, sports fields, water features, or park monuments); drive -ways; or other related items. 3. Commemorative Street signs, Plaques and Monuments a. Commemorative street name signs are additions to the street name and will not change the street address. Existing street names shall be retained and a supplemental sign or plaque shall be installed beneath the existing street name signage. Names for the commemorative street name signs shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that have made a lastingand significant contribution to the betterment of the City of Baldwin Park. b. Commemorative plaques shall be placed in public facilities or on monuments. Names for thecommemorative plaques shall be selected to recognize a person or organization that has made a lasting and significant contribution to the betterment of the City of Baldwin Park. Plaques may be used to identify a particular room, lobby, bench or designated area. Facility and Street Naming Page 3 of 4 D. Application Procedure: 1. Requests for naming and / or changing the name of a City Facility shall begin by being submitted to the CEO's office in writing on the City's Facility Naming Application Form. If the proposed Facility is in recognition of a person or organization, the applicant is required to provide clear evidence that the person or organization to be honored has made a significant and lasting contribution to the betterment of the City of Baldwin Park. 2. All submittals, whether from an individual, organization or City staff, must includethe name and address of the submitter. No anonymous submittals will be accepted. 3. Upon receipt of the application, the CEO or his / her designee shall review the application. If the proposed Facility to be named / renamed is connected or associated with a park, the CEO or his / her designee shall provide the Facility Naming Application Form to the Director of Recreation and Community Services for public input & review. The Recreation Commission shall assist in the process, and then and render a recommendation tothe City Council regarding the proposed name / rename. 4. Following that review, the CEO or his / her designee shall place the proposed facility naming / renaming item on a future City Council agenda for formal review and consideration by the City Council. If the request is denied by the City Council, no further action is taken. If the City Council approves the request,staff shall be directed to go forward with implementing the naming of the Facility. The steps taken to implement the request will be developed as an internal City process. The decision of the City Council will be final. Facility and Street Naming Page 4 of 4 ITEM NO. 7 SUMMARY The purpose of this report is to seek approval to enter into a Service Agreement between the City of Baldwin Park & Cohort Cities (El Monte and South El Monte) and OakWest Services, Inc. to provide permanent housing capital improvements in (Room 101) for the Phase 1: Rehabilitation of the Budget Inn Project in the City of El Monte on behalf of the SGV Cohort Cities of (Baldwin Park, El Monte, and South El Monte) for a scope of work not to exceed $30,000.00 under the Measure H Cities Homeless Implementation Grant. RECOMMENDATION Staff recommends that the City Council to: 1). Approve the Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc. to implement the Measure H Grant Funds and; 2). Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc and; 4). Authorize the Finance Director to make a budget amendment and provide account numbers to record the grant and related expenditures accordingly and; 5). Authorize the Director of Recreation and Community Services to execute further documents and reporting. FISCAL IMPACT There is no fiscal impact to the City. The Grant is a reimbursable grant and the City will recover the costs of the program in the amount of $30,000.00. BACKGROUND On January 15, 2020, the County of Los Angeles approved the grant agreement for the Baldwin Park & Cohort Cities (El Monte, South El Monte) to implement the Cities homeless plans Home for Good Grant. As part of the grant awarded from the Los Angeles County Measure H funds, The City of Baldwin Park serves as the lead and point of contact for the County for financial transactions and performance reporting. As the Lead Agency, the City of Baldwin Park will contract with OakWest Services, Inc on behalf of the Baldwin Park & Cohort Cities (El Monte, South El Monte). The SGV Cities will focus on working collectively to combat homelessness and agreed to formally partner to implement their city homeless plans by focusing on the grant priority areas and each city's goals and objectives as described below: Priority Area 1: Increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and TO: Honorable Mayor and Members of the City Council H U,B11 0 F FROM: Manuel Carrillo Jr., Director of Recreation & Community Services THE, DATE: July 21, 2021 SAN, 4�41EL 1.0 J� SUBJECT: Approval to Enter into an Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc. under the Measure H Cities Homeless Implementation Grant SUMMARY The purpose of this report is to seek approval to enter into a Service Agreement between the City of Baldwin Park & Cohort Cities (El Monte and South El Monte) and OakWest Services, Inc. to provide permanent housing capital improvements in (Room 101) for the Phase 1: Rehabilitation of the Budget Inn Project in the City of El Monte on behalf of the SGV Cohort Cities of (Baldwin Park, El Monte, and South El Monte) for a scope of work not to exceed $30,000.00 under the Measure H Cities Homeless Implementation Grant. RECOMMENDATION Staff recommends that the City Council to: 1). Approve the Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc. to implement the Measure H Grant Funds and; 2). Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc and; 4). Authorize the Finance Director to make a budget amendment and provide account numbers to record the grant and related expenditures accordingly and; 5). Authorize the Director of Recreation and Community Services to execute further documents and reporting. FISCAL IMPACT There is no fiscal impact to the City. The Grant is a reimbursable grant and the City will recover the costs of the program in the amount of $30,000.00. BACKGROUND On January 15, 2020, the County of Los Angeles approved the grant agreement for the Baldwin Park & Cohort Cities (El Monte, South El Monte) to implement the Cities homeless plans Home for Good Grant. As part of the grant awarded from the Los Angeles County Measure H funds, The City of Baldwin Park serves as the lead and point of contact for the County for financial transactions and performance reporting. As the Lead Agency, the City of Baldwin Park will contract with OakWest Services, Inc on behalf of the Baldwin Park & Cohort Cities (El Monte, South El Monte). The SGV Cities will focus on working collectively to combat homelessness and agreed to formally partner to implement their city homeless plans by focusing on the grant priority areas and each city's goals and objectives as described below: Priority Area 1: Increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and Priority Area 2: Enhance the availability and access to homeless services to prevent and combat homelessness in the region. Baldwin Park: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing El Monte: • Better Understand the City's Homeless Population and Educate the Community • Increase Engagement Activities and Links to Crisis Response System • Expand Access to Workforce Development and Employment Programs • Increase the Number of Shelter Beds • Increase the Number of Affordable/Supportive Housing Units • Participate in Regional Collaboration Opportunities South El Monte: • Educate City Staff and the Community about Homelessness and Available Resources • Increase Outreach and Engagement Activities Goal • Expand Employment Opportunities in the City • Create Shelter Options in the City • Create New Affordable/Supportive Housing Options in the City • Coordinate with Regional Partners on Homelessness Plan Implementation To access funding, the City of Baldwin Park & Cohort Cities were required to submit a scope of work outlining the proposed activities, approach, and budget, and, upon submittal of the proposal, to execute a service agreement with OakWest Services, Inc which defines the services to be completed. The City of Baldwin Park & Cohort Cities was allocated $30,000.00 to implement permanent housing capital improvements under Priority Area 1: Increase the supply of supportive and interim housing for people experiencing homelessness at a regional level. ALTERNATIVES The alternative would be to not enter into the Service Agreement with OakWest Services, Inc LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1). Attachment #1, Service Agreement between the City of Baldwin Park & Cohort Cities and OakWest Services, Inc to implement the City and Cohort Homeless Implementation Grant. 2). Attachment #2, Contract between City of Baldwin Park & Cohort Cities (AO -20-610) and Los Angeles County Measure H Homeless Implementation Grant. 3). Attachment #3: Request for Proposal for Phase 1: Rehabilitation of the Budget Inn Project in the City of El Monte. CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT WITH OAKWEST SERVICES, INC. FOR BALDWIN PARK & COHORT HOMELESS IMPLEMENTATION PLAN ACTIVITIES THIS AGREEMENT is made and entered into this 2 1 th day of July, 2021 ("Effective Date"), by and between the CITY OF BALDWIN PARK, a municipal corporation ("City"), and "OAKWEST SERVICES, INC ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide Baldwin Park Homeless Implementation Plan Activities, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1. 1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise -I- City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of Cit . Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. -2- Consultant's covenant under this Section shall survive the termination of this Agreement. 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed Thirty Thousand Dollars ($30,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City receives said invoice. Each invoice shall describe the services performed, and the date of performance. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement. -3- 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within fifteen (15) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ten (6) months, ending on December 31, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least thirty (30) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; H b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within thirty (30) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad -form commercial general liability, including premises -operations, prod ucts/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. -5- (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shall be prior to the start of the work set forth herein. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, Consultant shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of Baldwin Park and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. I ne (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of City of Baldwin Park shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other -7- prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee (Project Manager) shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Director of Adult Services, Associate Director of Access & Engagement, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City's Representative. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: OAKWEST SERVICES, INC. P.O. Box 11325, Santa Ana, CA 92711 or 1156 N. Fountain Way, Suite F, Anaheim, CA 92806 Tel: (714) 658-2321 Email: Attn: Juan Pintor Jr., President IF TO CITY: City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 Tel: (626) 813-5204 Email: syauchzee@baldwinpark.com Attn: Enrique Zaldivar, Chief Executive Officer CC: Manuel Carrillo Jr., Director of Recreation and Community Services/ Project Manager 6.5 AttorneV's Fees. If litigation is brought by any party in connection with this In Agreement, each party shall be responsible for its own costs and expenses, including attorneys' fees. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social 91 Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS EligibilitV Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its -10- authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employmen . Consultant will not employ any regular employee of City while this Agreement is in effect. The City will not pursue to hire any employee of the Consultant while this agreement is in effect and for two (2) years after the agreement's termination date. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. -11- 6.19. No Third Party Beneficiaa Rights. This Agreement is entered into for the sole 10 benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authorit . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. -12- [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF BALDWIN PARK, A municipal corporation Emmanuel J. Estrada City Mayor Enrique Zaldivar Chief Executive Officer CONSULTANT Juan Pintor Jr. President OakWest Services, Inc. ATTEST: Marlen Garcia City Clerk APPROVED AS TO FORM: Robert A. Tafoya City Attorney -13- Date: Date: EXHIBIT A SCOPE OF SERVICES OakWest Services, Inc. will provide permanent housing capital improvements in (Room 101) for the Phase 1: Rehabilitation of the Budget Inn Project in the City of El Monte on behalf of the SGV Cohort Cities of (Baldwin Park, El Monte, and South El Monte) for a total project cost of $30,000.00. Service Delivery Overview: Since the completion of their homeless plans in 2018, the Cohort Cities have been working collectively to combat homelessness and agreed to formally partner to develop a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and 2) enhance the availability and access to homeless services to prevent and combat homelessness in the region. The Cohort, identified the City of Baldwin Park as lead agency and fiscal administrator for this multi -jurisdictional proposal. The Cohort's long-term vision is to create a system change and set in place efficiencies through policies and programs within the Cities that will align with the County's. The Cohort, through its respective Community Development Departments, Planning Department and Department of Recreation and Community Services (Baldwin Park) will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the HI, with whom planning work is already underway. The proposed project is a result of discussions between cohort cities and each cohort city's goals and objectives as described below: Baldwin Park: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing El Monte: -14- • Better Understand the City's Homeless Population and Educate the Community • Increase Engagement Activities and Links to Crisis Response System • Expand Access to Workforce Development and Employment Programs • Increase the Number of Shelter Beds • Increase the Number of Affordable/Supportive Housing Units • Participate in Regional Collaboration Opportunities South El Monte: • Educate City Staff and the Community about Homelessness and Available Resources • Increase Outreach and Engagement Activities Goal • Expand Employment Opportunities in the City • Create Shelter Options in the City • Create New Affordable/Supportive Housing Options in the City • Coordinate with Regional Partners on Homelessness Plan Implementation Objectives and Program Description: PrioritV Area 1: Increase supply of interim housing (11-1) and permanent housing (PH) for people experiencing homelessness. 1. Tasks OakWest Services, Inc. will perform the following tasks: Provide permanent housing capital improvements in (Room 101) for the Phase 1: Rehabilitation of the Budget Inn Project in the City of El Monte Budgeted Funds will be utilized to support the following: -15- EXHIBIT B FEE SCHEDULE OakWest Services, Inc. will provide permanent housing capital improvements in (Room 101) for the Phase 1: Rehabilitation of the Budget Inn Project in the City of El Monte on behalf of the SGV Cohort Cities of (Baldwin Park, El Monte and South El Monte) for a total project cost of $30,000.00. -16- -17- Ir ik 11 1 . w CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE RECITALS..................................................................................................................... 1 1 APPLICABLE DOCUMENTS .............................................................................. 2 2 DEFINITIONS ....................................................................................................... 3 2.1 Standard Definitions .................................................................................. 3 3 WORK ................................................................................................................ 5 4 TERM OF CONTRACT ........................................................................................ 5 5 CONTRACT SUM ................................................................................................ 5 5.1 Total Contract Sum .................................................................................... 5 5.2 Written Approval for Reimbursement ......................................................... 5 5.3 Intentionally Omitted .................................................................................. 6 5.4 No Payment for Services Provided Following Expi ratio n -Term i nation ofContract ................................................................................................. 6 5.5 Invoices and Payments .............................................................................. 6 5.6 Default Method of Payment: Direct Deposit or Electronic Funds Transfer. 7 6 ADMINISTRATION OF CONTRACT- COUNTY .................................................. 8 6.1 County Administration ............................................................................... 8 6.2 County's Project Director ........................................................................... 8 6.3 County's Project Manager ......................................................................... 8 6.4 County's Contract Project Monitor ............................................................. 9 7 ADMINISTRATION OF CONTRACT -CONTRACTOR ......................................... 9 7.1 Contractor Administration .......................................................................... 9 7.2 Contractor's Project Manager .................................................................... 9 7.3 Approval of Contractor's Staff .................................................................... 9 7.4 Contractor's Staff Identification .................................................................. 9 7.5 Background and Security Investigations .................................................... 9 7.6 Confidentiality .......................................................................................... 10 8 STANDARD TERMS AND CONDITIONS .......................................................... 11 8.1 Amendments ............................................................................................ 11 8.2 Assignment and Delegation/Mergers or Acquisition's ............................... 12 8.3 Authorization Warranty ............................................................................ 13 8.4 Budget Reductions .................................................................................. 13 8.5 Complaints ............................................................................................... 14 Page i CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.6 Compliance with Applicable Law ............................................................. 14 8.7 Compliance with Civil Rights Laws .......................................................... 15 8.8 Compliance with the County's Jury Service Program .............................. 16 8.9 Conflict of Interest .................................................................................... 17 8.10 Intentionally Omitted ................................................................................ 18 8.11 Consideration of Hiring GAIN -GROW Participants .................................. 18 8.12 Contractor Responsibility and Debarment ............................................... 18 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law ............................................................................ 21 8.14 Contractor's Warranty of Adherence to County's Child Support Compliance Program ............................................................................... 21 8.15 County's Quality Assurance Plan ............................................................. 22 8.16 Damage to County Facilities, Buildings or Grounds ................................. 22 8.17 Employment Eligibility Verification ........................................................... 23 8.18 Facsimile Representations ....................................................................... 23 8.19 Fair Labor Standards ............................................................................... 23 8.20 Force Majeure .......................................................................................... 24 8.21 Governing Law, Jurisdiction, and Venue ................................................. 24 8.22 Independent Contractor Status ................................................................ 24 8.23 Indemnification ......................................................................................... 25 8.24 General Provisions for all Insurance Coverage ........................................ 25 8.25 Insurance Coverage ................................................................................ 30 8.26 Liquidated Damages ................................................................................ 32 8.27 Most Favored Public Entity ...................................................................... 33 8.28 Nondiscrimination and Affirmative Action ................................................ 33 8.29 Non Exclusivity ........................................................................................ 35 8.30 Notice of Delays ....................................................................................... 35 8.31 Notice of Disputes .................................................................................... 35 8.32 Notice to Employees Regarding the Federal Earned Income Credit ........ 35 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law ........ 35 8.34 Notices ..................................................................................................... 36 8.35 Prohibition Against Inducement or Persuasion ........................................ 36 8.36 Public Records Act .................................................................................. 36 Page ii CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.37 Publicity ................................................................................................... 37 8.38 Record Retention and Inspection -Audit Settlement ................................. 37 8.39 Recycled Bond Paper .............................................................................. 39 8.40 Subcontracting ......................................................................................... 39 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program .......................................... 40 8.42 Termination for Convenience ................................................................... 41 8.43 Termination for Default ............................................................................ 41 8.44 Termination for Improper Consideration .................................................. 43 8.45 Termination for Insolvency ....................................................................... 43 8.46 Termination for Non -Adherence of County Lobbyist Ordinance ............... 44 8.47 Termination for Non -Appropriation of Funds ............................................ 44 8.48 Validity ..................................................................................................... 45 8.49 Waiver ..................................................................................................... 45 8.50 Warranty Against Contingent Fees .......................................................... 45 8.51 Warranty of Compliance with County's Defaulted Property Tax ReductionProgram .................................................................................. 45 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program ............................. 46 8.53 Time off for Voting ................................................................................... 46 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking. 46 8.55 Compliance with Fair Chance Employment Practices ............................. 47 8.56 Compliance with the County Policy of Equity ........................................... 47 9 UNIQUE TERMS AND CONDITIONS ................................................................ 47 9.1 Contractor Protection of Electronic County Information ........................ 47 9.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA) ...... 48 SIGNATURES.............................................................................................................. 50 Page iii CONTRACT PROVISIONS TABLE OF CONTENTS STANDARD EXHIBITS A Statement of Work B Pricing Schedule C Contractor's EEO Certification D County's Administration E Contractor's Administration F Form(s) Required at the Time of Contract Execution G Jury Service Ordinance H Safely Surrendered Baby Law I Compliance with Fair Chance Employment Hiring Practices Certification Page iv CONTRACT BETWEEN COUNTY OF LOS ANGELES AND CITY OF BALDWIN PARK & COHORT FOR CITY PLANNING GRANTS — YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS This Contract is entered into this )0-4�day of /*/,,,c� 2020, by and between the County of Los Angeles (hereafter "County") and City of Baldwin Park & Cohort (hereafter referred to as "Contractor"), to provide County with homeless services. RECITALS WHEREAS, on September 4, 2018, the County Board of Supervisors delegated authority to the Chief Executive Officer to: 1) implement a solicitation process, in conjunction with United Way's Home for Good Funders Collaborative, in accordance with the Request for Proposal (RFP) Framework; and 2) negotiate, execute and if necessary, amend, reduce or terminate contracts with selected cities, following approval as to from by County Counsel; and WHEREAS, on September 4, 2018, the County Board of Supervisors allocated $9 million of Measure H funding; and $3 million of State Homeless Emergency Aid Programs funding to support successful implementation of components from Cities Homelessness Plans that enhance effectiveness of County service systems for those experiencing or at -risk of experiencing homelessness and are eligible for such funding under applicable rules; and WHEREAS, on May 7, 2019, the County Board of Supervisors was advised of Homeless Initiatives plan to execute contracts with cities to support implementation of their homelessness plans. The contracts will expire eighteen (18) months from the date of execution or at the end of February 2021, whichever is sooner; and WHEREAS, on. July 23, 2019, the Board of Supervisors waived County policy 5.015 for Measure H -funded contracts supporting the implementation of the cities' homelessness plans to permit cities to begin implementation of their homeless plans as soon as possible and authorized the CEO to reimburse each city up to one-quarter of the contract amount for allowable expenditures that are in line with contract requirements and incurred after the contract award notification, but prior to contract execution, so long as: 1) the tasks are consistent with the statement of work in the city's approved grant and contract; and, 2) the Implementation Homelessness Plan - CPG Y2 Page 1 AO -20-61 0 expenses comply with all terms and conditions of the contract, are reimbursed after execution of the contract, and are submitted for review and approval by CEO; and WHEREAS, the Los Angeles County, Homeless Initiative Unit and United Way, have reviewed the Contractor's proposal and approved providing $1,074,820 to the Contractor for Homeless Plan Implementation services; and WHEREAS, pursuant to Government Code section 26227, the County Board of Supervisors may appropriate and expend money to establish county programs or to fund other programs deemed to be necessary to meet the social needs of the population of the county. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree to the following: APPLICABLE DOCUMENTS Exhibits A, B, C, D, E, F, G, H, and 1, are attached to and form a part of this Contract. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise between the base Contract and the Exhibits, or between Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the terms and conditions of the Contract and then to the Exhibits according to the following priority. Standard Exhibits: 1.1 Exhibit A - Statement of Work 1.2 Exhibit B - Pricing Schedule 1.3 Exhibit C - Contractor's EEO Certification 1.4 Exhibit D - County's Administration 1.5 Exhibit E - Contractor's Administration 1.6 ExhibitFl- Forms Required at the Time of Contract Execution 1.7 Exhibit G - Jury Service Ordinance 1.8 Exhibit H - 1.9 Exhibit I - Implementation Homelessness Plan - CPG Y2 AO -20-61 0 Safely Surrendered Baby Law Compliance with Fair Chance Employment Practices Certification Page 2 This Contract constitutes the complete and exclusive statement of understanding between the parties, and supersedes all previous contracts, written and oral, and all communications between the parties relating to the subject matter of this Contract. No change to this Contract shall be valid unless prepared pursuant to Paragraph 8.1 (Amendments) and signed by both parties. 2 DEFINITIONS 2.1 Standard Definitions: 2.1.1 The headings herein contained are for convenience and reference only and are not intended to define the scope of any provision thereof. The following words as used herein shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used. 2.1.1.1 City Planning Grants: Year one funding was allocated by the County Board of Supervisors (Board) from Homeless Initiative Provisional Financing Uses (PFU) funds to support proposals that will result in a plan to prevent and combat homelessness for each city which receives a grant. To administer the grants, the Chief Executive Office partnered with the United Way Home for Good Funders Collaborative. Year two funding is being allocated by the Board from Measure H funds and Los Angeles Homeless Services Authority will provide State Homeless Emergency Aid Program Funds, to support the successful implementation of Cities Homeless Plans. 2.1.1.2 Contract: This agreement executed between County and Contractor. Included are all supplemental agreements amending or extending the service to be performed. The Contract sets forth the terms and conditions for the issuance and performance of all tasks, deliverables, services and other work 2.1.1.3 Contractor: The person or persons, sole proprietor, partnership, joint venture, corporation or other legal entity who has entered into an agreement with the County to perform or execute the work covered by this contract. 2.1.1.4 Statement of Work: The directions, provisions, and requirements provided herein and special provisions Implementation Homelessness Plan - CPG Y2 Page 3 AO -20-610 pertaining to the method, frequency, manner and place of performing the contract services. 2.1.1.5 Subcontract: An agreement by the contractor to employ a subcontractor to provide services to fulfill this contract. 2.1.1.6 Subcontractor: Any individual, person or persons, sole proprietor, firm, partnership, joint venture, corporation, or other legal entity furnishing supplies, services of any nature, equipment, and/or materials to contractor in furtherance of contractor's performance of this contract, at any tier, under oral or written agreement. 2.1.1.7 Board of Supervisors (Board): The Board of Supervisors of the County of Los Angeles acting as governing body. 2.1.1.8 County Project Manager: Person designated by County's Project Director to manage the operations under this contract. 2.1.1.9 County Contract Project Monitor: Person with responsibility to oversee the day to day activities of this contract. Responsibility for inspections of any and all tasks, deliverables, goods, services and other work provided by the contractor. 2.1.1.10 County Project Director: Person designated by County with authority for County on contractual or administrative matters relating to this contract that cannot be resolved by the County's Project Manager. 2.1.1.11 Day(s): Calendar day(s) unless otherwise specified. 2.1.1.12 Contractor Project Manager: The person designated by the Contractor to administer the Contract operations under this Contract 2.1.1.13 Fiscal Year: The twelve (12) month period beginning July 1st and ending, the following June 30th. 2.1.1.14 United Way Home for Good Funders Collaborative: a public-private partnership, which Implementation Homelessness Plan - CPG Y2 Page 4 AO -20-61 0 collaborates on solutions to end homelessness in Los Angeles County. 3 WORK 3.1 Pursuant to the provisions of this Contract, the Contractor shall fully perform, complete and deliver on time, all tasks, deliverables, services and other work as set forth in herein. 3.2 If the Contractor provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same shall be deemed to be a gratuitous effort on the part of the contractor, and the contractor shall have no claim whatsoever against the County. 4 TERM OF CONTRACT 4.1 The term of this Contract shall commence upon execution by the County's Chief Executive Officer and shall expire in eighteen (18) months, or on February 28, 2021, whichever is sooner, unless sooner terminated or extended, in whole or in part, as provided in this Contract. 5 CONTRACT SUM 5.1 Total Contract Sum 5.1.1 The Maximum Amount of this Contract shall be the amount set forth in Exhibit B (Pricing Schedule), for the term of this Contract as set forth Paragraph 4.0 - Term of Contract, above. Any costs incurred to complete this Contract more than the maximum not -to -exceed cost will be borne by the Contractor. 5.2 Written Approval for Reimbursement 5.2.1 The Contractor shall not be entitled to payment or reimbursement for any tasks or services performed, nor for any incidental or administrative expenses whatsoever incurred in or incidental to performance hereunder, except as specified herein. Assumption or takeo ' ver of any of the Contractor's duties, responsibilities, or - obligations, or performance of same by any person or entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other -mechanism, with or without consideration for any reason whatsoever, shall not occur except with the County's express prior written approval. Implementation Homelessness Plan - CPG Y2 Page 5 AO -20-61 0 5.3 Intentionally Omitted 5.4 No Payment for Services Provided Following Expiration - Termination of Contract 5.4.1 The Contractor shall have no claim against County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by the Contractor after the expiration or other termination of this Contract. Should the Contractor receive any such payment it shall immediately notify County and shall immediately repay all such funds to County. Payment by County for services rendered after expiration -termination of this Contract shall not constitute a waiver of County's right to recover such payment from the Contractor. This provision shall survive the expiration or other termination of this Contract. 5.5 Invoices and Payments 5.5.1 The Contractor shall invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in Exhibit A (Statement of Work) and elsewhere hereunder. The Contractor shall prepare invoices, which shall include the charges owed to the Contractor by the County under the terms of this Contract. The Contractor's payments shall be as provided in Exhibit B (Pricing Schedule) and the Contractor shall be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County. If the County does not approve work in writing no payment shall be due to the Contractor for that work. 5.5.2 The Contractor's invoices shall be priced in accordance with Exhibit B (Pricing Schedule). 5.5.3 The Contractor's invoices shall contain the information set forth in Exhibit A (Statement of Work) describing the tasks, deliverables, goods, services, work hours, and facility and/or other work for which payment is claimed. 5.5.4 All invoices under this Contract shall be addressed to the following and submitted electronically to the following email address: Homeless Initiative Unit Los Angeles County Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Implementation Homelessness Plan - CPG Y2 Page 6 AO -20-61 0 Los Angeles, CA 90012 hiadmin(cD-ceo.lacounty.gov 5.5.5 County Approval of Invoices All invoices submitted by the Contractor for payment must have the written approval of the County's Project Manager prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval. Approval for payment will not be unreasonably withheld. 5.6 Default Method of Payment: Direct Deposit or Electronic Funds Transfer 5.6.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/ contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor -Controller (A -C). 5.6.2 The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A -C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements. 5.6.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. 5.6.4 At any time during the duration of the agreement/contract, a Contractor may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A -C is not feasible and an alternative- is necessary. The A -C, in consultation with the contracting department(s), shall decide whether to approve exemption requests. Implementation Homelessness Plan - CPG Y2 Page 7 AO -20-61 0 6 ADMINISTRATION OF CONTRACT - COUNTY 6.1 County Administration 6.1.1 A listing of all County Administration referenced in the following subparagraphs are designated in Exhibit D (County's Administration). The County will notify the Contractor in writing of any change in the names or addresses shown. 6.2 County's Project Director 6.2.1 The role of the County's Project Director may include: 6.2.1.1 Coordinating with Contractor and ensuring Contractor's performance of the Contract; however, in no event shall Contractors obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby; and 6.2.1.2 Upon request of the Contractor, providing direction to the Contractor, as appropriate in areas relating to County policy, information requirements, and procedural requirements; however, in no event, shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. 6.3 County's Project Manager 6.3.1 The role of the County's Project Manager is authorized to include: 6.3.1.1 Meeting with the Contractor's Project Manager on a regular basis; and 6.3.1.2 Inspecting any and all tasks, deliverables, goods, services, or other work provided by or on behalf of the Contractor; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved,. excused or limited thereby. The County's Project Manager is not authorized to make any changes in any of the terms and conditions of this Contract and is not authorized to further obligate County in any respect whatsoever. Implementation Homelessness Plan - CPG Y2 Page 8 AO -20-610 6.4 County's Contract Project Monitor 6.4.1 The role of the County's Project Monitor is to oversee the day-to-day administration of this Contract; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. The Project Monitor reports to the County's Project Manager. 7 ADMINISTRATION OF CONTRACT - CONTRACTOR 7.1 Contractor Administration A listing of all of Contractor's Administration referenced in the following paragraphs is designated in Exhibit E (Contractor's Administration). The Contractor will notify the County in writing of any change in the names or addresses shown. 7.2 Contractor's Project Manager 7.2.1 The Contractor's Project Manager is designated in Exhibit E (Contractor's Administration). The Contractor shall notify the County in writing of any change in the name or address of the Contractor's Project Manager. 7.2.2 The Contractor's Project Manager shall be responsible for the Contractor's day-to-day activities as related to this Contract and shall meet and coordinate with County's Project Manager and County's Contract Project Monitor on a regular basis. 7.3 Approval of Contractor's Staff 7.3.1 County has the absolute right to approve or disapprove all of the Contractor's staff performing work hereunder and any proposed changes in the Contractor's staff, including, but not limited to, the Contractor's Project Manager. 7.4 Contractor's Staff Identification Contract shall provide, at Contractor's expense, all staff providing services under this Contract with a photo identification. badge. 7.5 Background and Security Investigations 7.5.1 Each of Contractor's staff performing services under this Contract, who is in a designated sensitive position, as determined by County in County's sole discretion, shall undergo and pass a background investigation to the Implementation Homelessness Plan -,CPG Y2 Page 9 AO -20-61 0 satisfaction of County as a condition of beginning and continuing to perform services under this Contract. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal -level review, which may include, but shall not be limited to, criminal conviction information. The fees associated with the background investigation shall be at the expense of the Contractor, regardless of whether the member of Contractor's staff passes or fails the background investigation. If a member of Contractor's staff does not pass the background investigation, County may request that the member of Contractor's staff be removed immediately from performing services under the Contract. Contractor shall comply with County's request at any time during the term of the Contract. County will not provide to Contractor or to Contractor's staff any information obtained through the County's background investigation 7.5.2 County, in its sole discretion, may immediately deny or terminate facility access to any member of Contractor's staff that does not pass such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access. 7.5.3 Disqualification of any member of Contractor's staff pursuant to this Paragraph 7.5 shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract. 7.6 Confidentiality 7.6.1 Contractor shall maintain the confidentiality of all records and information in accordance with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality, including, without limitation, County policies concerning information technology security and the protection of confidential records and information. 7.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs and expenses, including, without limitation, defense costs and legal, accounting and other expert, Implementation Homelessness Plan - CPG Y2 Page 10 AO -20-61 0 consulting, or professional fees, arising from, connected with, or related to any failure by Contractor, its officers, employees, agents, or subcontractors, to comply with this Paragraph 7.6, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under this Paragraph 7.6 shall be conducted by contractor and performed by counsel selected by Contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event Contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from Contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction, or make any admission, in each case, on behalf of County without County's prior written approval. 7.6.3 Contractor shall inform all of its officers, employees, agents and subcontractors providing services hereunder of the confidentiality provisions of this Contract. 7.6.4 Contractor shall sign and adhere to the provisions of the "Contractor Acknowledgement and Confidentiality Agreement", Exhibit F. 8 STANDARD TERMS AND CONDITIONS 8.1 Amendments 8.1.1 For any change which affects the scope of work, term, contract sum, payments, or any term or condition included under this Contract, an amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer or his/her designee. 8.1.2 For any change which does not materially affect the statement of work or any other term or condition included under this Contract, a Change Notice shall be prepared and signed by the County's Project Manager and Contractor's Project Manager. 8.1.3 The County's Board of Supervisors or Chief Executive Officef or designee may require the addition and/or change of certain terms and conditions in the Contract during the term of this Contract. The County reserves the right to add and/or Implementation Homelessness Plan - CPG Y2 Page 11 AO -20-61 0 change such provisions as required by the County's Board of Supervisors or Chief Executive Officer. To implement such changes, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer and his/her designee. 8.1.4 The Chief Executive Officer or his/her designee, may at his/her sole discretion, - authorize extensions of time as defined in Paragraph 4 - Term of Contract. The contractor agrees that such extensions of time shall not change any other term or condition of this Contract during the period of such extensions. To implement an extension of time, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer. 8.2 Assignment and Delegation/Mergers or Acquisitions 8.2.1 The contractor shall notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the contractor is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers. 8.2.2 The contractor shall not assign its rights or delegate its duties under this Contract, or both, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written Amendment to the Contract, which is formally approved and executed by the parties. Any payments by the County to any approved delegatee or assignee on any claim under this Contract shall be deductible, at County's sole discretion, against the claims, which the contractor may have against the County. 8.2.3 Shareholders, partners, members, or other equity holders of contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Contract, such disposition is an assignment requiring the prior written Implementation Homelessness Plan - CPG Y2 Page 12 AO -20-61 0 consent of County in accordance with applicable provisions of this Contract. 8.2.4 Any assumption, assignment, delegation, or takeover of any of the contractor's duties, responsibilities, obligations, or performance of same by any person or entity other than the contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Contract which may result in the termination of this Contract. In the event of such termination, County shall be entitled to pursue the same remedies against contractor as it could pursue in the event of default by contractor. 8.3 Authorization Warranty 8.3.1 The contractor represents and warrants that the person executing this Contract for the contractor is an authorized agent who has actual authority to bind the contractor to each and every term, condition, and obligation of this Contract and that all requirements of the contractor have been fulfilled to provide such actual authority. 8.4 Budget Reductions 8.4.1 In the event that the County's Board of Supervisors adopts, in any fiscal year, a County Budget which provides for reductions in the salaries and benefits paid to the majority of County employees and imposes similar reductions with respect to County contracts, the County reserves the right to reduce its payment obligation under this Contract correspondingly for that fiscal year and any subsequent fiscal year during the term of this Contract (including any extensions), and the services to be provided by the contractor under this Contract shall also be reduced correspondingly. The County's notice to the contractor regarding said reduction in payment obligation shall be provided within thirty (30) calendar days of the Board's approval of such actions. Except as set forth in the preceding sentence, the contractor shall continue to provide all of the services set forth in this Contract. Implementation Homelessness Plan - CPG Y2 Page 13 AO -20-61 0 8.5 Complaints 8.5.1 The contractor shall develop, maintain and operate procedures for receiving, investigating and responding to complaints. 8.5.2 Complaint Procedures 8.5.2.1 Within thirty (30) business days after the Contract effective date, the contractor shall provide the County with the contractor's policy for receiving, investigating and responding to user complaints. 8.5.2.2 The County will review the contractor's policy and provide the contractor with approval of said plan or with requested changes. 8.5.2.3 If the County requests changes in the contractor's policy, the contractor shall make such changes and resubmit the plan within fifteen (15) business days for County approval. 8.5.2.4 If, at any time, the contractor wishes to change the contractor's policy, the contractor shall submit proposed changes to the County for approval before implementation. 8.5.2.5 The contractor shall preliminarily investigate all complaints and notify the County's Project Manager of the status of the investigation within thirty (30) business days of receiving the complaint. 8.5.2.6 When complaints cannot be resolved informally, a system of follow-through shall be instituted which adheres to formal plans for specific actions and strict time deadlines. 8.5.2.7 Copies of all written responses shall be sent to the County's Project Manager within ten (10) business days of mailing to the complainant. 8.6 Compliance with Applicable Law 8.6.1 In the performance of this Contract, contractor shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and Implementation Homelessness Plan - CPG Y2 Page 14 AO -20-610 procedures, and all provisions required thereby to be included in this Contract are hereby incorporated herein by reference. 8.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting or professional fees, arising from, connected with, or related to any failure by contractor, its officers, employees, agents, or subcontractors, to comply with any such laws, rules, regulations, ordinances, directives, guidelines, policies, or procedures, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under Paragraph 8.6 (Compliance with Applicable Law) shall be conducted by contractor and performed by counsel selected by contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction or other equitable relief, or make any admission, in each case, on behalf of County without County's prior written approval. 8.7 Compliance with Civil Rights Laws 8.7.1 The contractor hereby assures that it will comply with Subchapter V1 of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. The contractor shall comply with Exhibit C - Contractor's E EO- Certification. Implementation Homelessness Plan - CPG Y2 Page 15 AO -20-61 0 8.8 Compliance with the County's Jury Service Program 8.8.1 Jury Service Program: This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code, a copy of which is attached as Exhibit G and incorporated by reference into and made a part of this Contract. 8.8.2 Written Employee Jury Service Policy. 1 Unless the contractor has demonstrated to the County's satisfaction either that the contractor is not a 4$contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that the contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), the contractor shall have and adhere to a written policy that provides that its Employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this paragraph, "contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of fifty thousand dollars ($50,000) or more in any twelve (12) month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full-time employee of the contractor. "Full-time" means forty (40) hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by the County, or 2) contractor has a long-standing practice that defines the lesser number of hours as full-time. Full-time employees providing short-term, temporary services of ninety (90) days or less within a twelve (12) month period are not considered full-time for purposes of the Jury Service Program. If the contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of Implementation Homelessness Plan - CPG Y2 Page 16 AO -20-61 0 this paragraph. The provisions of this paragraph shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement. 3. If the. contractor is not required to comply with the Jury Service Program when the Contract commences, the contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and the contractor shall immediately notify the County if the contractor at any time either comes within the Jury Service Program's definition of .1 contractor' or if the contractor no longer qualifies for an exception to the Jury Service Program. In either event, the contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the contractor demonstrate, to the County's satisfaction that the contractor either continues to remain outside of the Jury Service Program's definition of "contractor' and/or that the contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar the contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. 8.9 Conflict of Interest 8.9.1 No County employee whose position with the County enables such employee to influence the award of this Contract or any competing Contract, and no spouse or economic dependent of such employee, shall be employed in any capacity by the contractor or have any other direct or indirect financial interest in this Contract. No officer or employee of the contractor who may financially benefit from the performance of work hereunder shall in any way participate in the County's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence the County's approval or ongoing evaluation of such work. 8.9.2 The contractor shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be Implementation Homelessness Plan - CPG Y2 Page 17 AO -20-61 0 enacted during the term of this Contract. The contractor warrants that it is not now aware of any facts that create a conflict of interest. If the contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this Contract. 8.10 Intentionally Omitted 8.11 Consideration of Hiring GAIN -GROW Participants 8.11.1 Should the contractor require additional or replacement personnel after the effective date of this Contract, the contractor shall give consideration for any such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the contractor's minimum qualifications for the open position. For this purpose, consideration shall mean that the contractor will interview qualified candidates. The County will refer GAIN -GROW participants by job category to the contractor. Contractors shall report all job openings with job requirements to: GAINGROW(a-)-dpss.lacounty.gov to obtain a list of qualified GAIN/GROW job candidates. 8.11.2 In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 8.12 Contractor Responsibility and Debarment 8.12.1 Responsible Contractor A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only -with responsible contractors. Implementation Homelessness Plan - CPG Y2 Page 18 AO -20-61 0 8.12.2 Chapter 2.202 of the County Code The contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the contractor is not responsible, the County may, in addition to other remedies provided in the Contract, debar the contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and terminate any or all existing contracts the contractor may have with the County. 8.12.3 Non -responsible contractor The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the contractor has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County, 2) committed an act or omission which negatively reflects on the contractor's quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same, 3) committed an act or offense which indicates a lack of business integrity or business honesty, or 4) made or submitted a false claim against the County or any other public entity. 8.12.4 Contractor Hearing Board 8.12.4.1 If there is evidence that the contractor may be subject to debarment, the Department will notify the contractor in writing of the evidence which is the basis for the proposed debarment and will advise the contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 8.12.4.2 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The contractor and/or the contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, Implementation Homelessness Plan - CPG Y2 Page 19 AO -20-61 0 which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. The contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. 8.12.4.3 After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.4.4 If a contractor has been debarred for a period longer than five (5) years, that contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the contractor has adequately demonstrated one or more of the following: 1) elimination of the grounds for which the debarment was imposed; 2) a bona fide change in ownership or management; 3) material evidence discovered after debarment was imposed; or 4) any other reason that is in the best interests of the County. 8.12.4.5 The Contractor Hearing Board will consider a request for review of a debarment determination only where 1) the contractor has been debarred for a period longer than five (5) years; 2)"fhe debarment has been in effect for at least five (5) years; and 3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearinq where evidence on the Implementation Homelessness Plan - CPG Y2 Page 20 AO -20-61 0 proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing. 8.12.4.6 The Contractor Hearing Board's proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.5 Subcontractors of Contractor These terms shall also apply to subcontractors of County contractors. 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law 8.13.1 The contractor acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. The contractor understands that it is the County's policy to encourage all County contractors to voluntarily post the County's "Safely Surrendered Baby Law" poster, in Exhibit H, in a prominent position at the contractor's place of business. The contractor will also encourage its subcontractors, if any, to post this poster in a prominent position in the subcontractor's place of business. Information and posters for printing are available at www.babysafela.org. 8.14 Contractor's Warranty of Adherence to County's Child Support Compliance Program 8.14.1 The contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contracts are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Implementation Homelessness Plan - CPG Y2 Page 21 AO -20-61 0 8.14.2 As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the contractor's duty under this Contract to comply with all applicable provisions of law, the contractor warrants that it is now in compliance and shall during the term of this Contract maintain in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). 8.15 County's Quality Assurance Plan The County or its agent(s) will monitor the contractors performance under this Contract on not less than an annual basis. Such monitoring will include assessing the contractor's compliance with all Contract terms and conditions and performance standards. Contractor deficiencies which the County determines are significant or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the Board of Supervisors and listed in the appropriate contractor performance database. The report to the Board will include improvement/corrective action measures taken by the County and the contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate this Contract or impose other penalties as specified in this Contract. 8.16 Damage to County Facilities, Buildings or Grounds 8.16.1 The contractor shall repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings, or grounds caused by the contractor or employees or agents of the contractor. Such repairs shall be made immediately after the contractor has become aware of such damage, but in no event later than thirty (30) days after the occurrence. 8.16.2 If the contractor fails to make ti i mely repairs, County may make any necessary repairs. All costs incurred by County, as determined by County, for such repairs shall be repaid by the contractor by cash payment upon demand. Implementation Homelessness Plan - CPG Y2 Page 22 AO -20-61 0 8.17 Employment Eligibility Verification 8.17.1 The contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. The contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, (P.L. 99-603), or as they currently exist and as they may be hereafter amended. The contractor shall retain all such documentation for all covered employees for the period prescribed by law. 8.17.2 The contractor shall indemnify, defend, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 8.18 Facsimile Representations The County and the contractor hereby agree to regard facsimile representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Contract Signature page, Amendments prepared pursuant to Paragraph 8.1 (Amendments) and received via communications facilities, as legally sufficient evidence that such original signatures have been affixed to this Contract. 8.19 Fair Labor Standards 8.19.1 The contractor shall comply with all applicable provisions of the Federal Fair Labor Standards Act and shall indemnify, defend, and hold harmless the County and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the contractor's employees for which the County may be found jointly or solely liable. Implementation Homelessness Plan - CPG Y2 Page 23 AO -20-61 0 8.20 Force Majeure 8.20.1 Neither party shall be liable for such party's failure to perform its obligations under and in accordance with this Contract, if such failure arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by such party or any of such party's subcontractors), freight embargoes, or other similar events to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of such party (such events are referred to in this paragraph as "force majeure events"). 8.20.2 Notwithstanding the foregoing, a default by a subcontractor of contractor shall not constitute a force majeure event, unless such default arises out of causes beyond the control of both contractor and such subcontractor, and without any fault or negligence of either of them. In such case, contractor shall not be liable for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit contractor to meet the required performance schedule. As used in this subparagraph, the term it subcontractor" and "subcontractors" mean subcontractors at any tier. 8.20.3 In the event contractors failure to perform arises out of a force majeure event, contractor agrees to use commercially reasonable best efforts to obtain goods or services from other sources, if applicable, and to otherwise mitigate the damages and reduce the delay caused by such force majeure event. 8.21 Governing Law, Jurisdiction, and Venue This Contract shall be governed by, and construed in accordance with, the laws of the State of California. The contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 8.22 Independent Contractor Status 8.22.1 This Contract is by and between the County and the contractor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, Implementation Homelessness Plan - CPG Y2 Page 24 AO -20-61 0 partnership, joint venture, or association, as between the County and the contractor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. 8.22.2 The contractor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Contract all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the contractor. 8.22.3 The contractor understands and agrees that all persons performing work pursuant to this Contract are, for purposes of Workers' Compensation liability, solely employees of the contractor and not employees of the County. The contractor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the contractor pursuant to this Contract. 8.22.4 The contractor shall adhere to the provisions stated in Paragraph 7.6 (Confidentiality). 8.23 Indemnification 8.23.1 The contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (County Indemnitees) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County indemnitees. 8.24 General Provisions for all Insurance Coverage 8.24.1 Without limiting contractor's indemnification of County, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, contractor shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in Paragraphs 8.24 and 8.25 of this Contract. These minimum insurance coverage terms, types and limits (the Implementation Homelessness Plan - CPG Y2 Page 25 AO -20-61 0 "Required Insurance") also are in addition to and separate from any other contractual obligation imposed upon contractor pursuant to this Contract. The County in no way warrants that the Required Insurance is sufficient to protect the contractor for liabilities which may arise from or relate to this Contract. 8.24.2 Evidence of Coverage and Notice to County 8.24.2.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defined below) has been given Insured status under the contractor's General Liability policy, shall be delivered to County at the address shown below and provided prior to commencing services under this Contract. 8.24.2.2 Renewal Certificates shall be provided to County not less than ten (10) days prior to contractor's policy expiration dates. The County reserves the right to obtain complete, certified copies of any required contractor and/or subcontractor insurance policies at any time. 8.24-2.3 Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the contractor identified as the contracting party in this Contract. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand do ' liars ($50',000), and list any County required endorsement forms. 8.24.2.4 Neither the County's failure to obtain, nor the County's receipt of, or failure to object to a non- complying insurance certificate or endorsement, or any . other insurance documentation or information provided by the contractor, its insurance broker(s) and/or insurer(s), shall be Implementation Homelessness Plan - CPG Y2 Page 26 AO -20-61 0 construed as a waiver of any of the Required Insurance provisions. 8.24.2.5 Certificates and copies of any required endorsements shall be sent to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(a)-ceo.lacounty.gov 8.24.2.6 Contractor also shall promptly report to County any injury or property damage accident or incident, including any injury to a contractor employee occurring on County property, and any loss, disappearance, destruction, misuse, or theft of County property, monies or securities entrusted to contractor. Contractor also shall promptly notify County of any third party claim or suit filed against contractor or any of its subcontractors which arises from or relates to this Contract, and could result in the filing of a claim or lawsuit against contractor and/or County. 8.24.3 Additional Insured Status and Scope of Coverage The County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, employees and volunteers (collectively County and its Agents) shall be provided additional insured status under contractor's General Liability policy with respect to liability arising out of contractor's ongoing and completed operations performed on behalf of the County. County and its Agents additional insured status shall apply with respect to liability and defense of suits arising out of the contractor's acts or omissions, whether such liability -is attributable to the contractor or to the County. The full policy limits and scope of protection also shall apply to the County and its Agents as an additional insured, even if they exceed the County's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein. Implementation Homelessness Plan - CPG Y2 Page 27 AO -20-61 0 8.24.4 Cancellation of or Changes in Insurance Contractor shall provide County with, or contractor's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the County, upon which the County may suspend or terminate this Contract. 8.24.5 Failure to Maintain Insurance Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Contract, upon which County immediately may withhold payments due to contractor, and/or suspend or terminate this Contract. County, at its sole discretion, may obtain damages from contractor resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to contractor, deduct the premium cost from sums due to contractor or pursue contractor reimbursement. 8.24.6 Insurer Financial Ratings Coverage shall be placed with insurers acceptable to the County with A.M. Best ratings of not less than A:VII unless otherwise approved by County. 8.24.7 Contractor's Insurance Shall Be Primary Contractor's insurance policies, with respect to any claims related to this Contract, shall be primary with respect to all other sources of coverage available to contractor. Any County maintained insurance or self-insurance coverage shall be in excess of and not contribute to any contractor coverage. Implementation Homelessness Plan - CPG Y2 Page 28 AO -20-61 0 8.24.8 Waivers of Subrogation To the fullest extent permitted by law, the contractor hereby waives its rights and its insurer(s)' rights of recovery against County under all the Required Insurance for any loss arising from or relating to this Contract. The contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver. 8.24.9 Subcontractor Insurance Coverage Requirements Contractor shall include all subcontractors as insureds under contractor's own policies, or shall provide County with each subcontractor's separate evidence of insurance coverage. Contractor shall be responsible for verifying each subcontractor complies with the Required Insurance provisions herein, and shall require that each subcontractor name the County and contractor as additional insureds on the subcontractor's General Liability policy. Contractor shall obtain County's prior review and approval of any subcontractor request for modification of the Required Insurance. 8.24.10 Deductibles and Self -Insured Retentions (SIRs) Contractor's policies shall not obligate the County to pay any portion of any contractor deductible or SIR. The County retains the right to require contractor to reduce or eliminate policy deductibles and SIRs as respects the County, or to provide a bond guaranteeing contractor's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond - shall be executed by a corporate surety licensed to transact business in the State of California. 8.24.11 Claims Made Coverage If any part of the Required Insurance is written on a claims made basis, any policy retroactive date shall precede the effective date of this Contract. Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Contract expiration, termination or cancellation. Implementation Homelessness Plan - CPG Y2 Page 29 AO -20-61 0 8.24.12 Application of Excess Liability Coverage Contractors may use a combination of primary and excess insurance policies which provide coverage as broad as the underlying primary policies, to satisfy the Required Insurance provisions. 8.24.13 Separation of Insureds All liability policies shall provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. 8.24.14 Alternative Risk Financing Programs The County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The County and its Agents shall be designated as an Additional Covered Party under any approved program. 8.24.15 County Review and Approval of Insurance Requirements The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County's determination of changes in risk exposures. 8.25 Insurance Coverage 8.25.1 Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than: General Aggregate: $2 million Prod ucts/Completed Operations Aggregate: $1 million Personal and Advertising Injury: $1 million Each Occurrence: $1 million 8.25.2 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for Implementation Homelessness Plan - CPG Y2 Page 30 AO -20-61 0 each single accident. Insurance shall cover liability arising out of contractor's use of autos pursuant to this Contract, including owned, leased, hired, and/or non -owned autos, as each may be applicable. 8.25.3 Workers Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. If applicable to Contractor's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. 8.25.4 Unique Insurance Coverage 8.25.4.1 Sexual Misconduct Liability Insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggregate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature. 8.25.4.2 Professional Liability -Errors and Omissions Insurance covering contractor's liability arising from or related to this Contract, with limits of not less than $1 million per claim and $2 million aggregate. Further, contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years Implementation Homelessness Plan - CPG Y2 Page 31 AO -20-61 0 following this Agreement's expiration, termination or cancellation. 8.26 Liquidated Damages 8.26.1 If, in the judgment of the Chief Executive Officer, or his/her designee, the contractor is deemed to be non-compliant with the terms and obligations assumed hereby, the Chief Executive Officer, or his/her designee, at his/her option, in addition to, or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from the contractor's invoice for work not performed. A description of the work not performed and the amount to be withheld or deducted from payments to the contractor from the County, will be forwarded to the contractor by the Chief Executive Officer, or his/her designee, in a written notice describing the reasons for said action. 8.26.2 If the Chief Executive Officer, or his/her designee, determines that there are deficiencies in the performance of this Contract that the Chief Executive Officer, or his/her designee, deems are correctable by the contractor over a certain time span, the Chief Executive Officer, or his/her designee, will provide a written notice to the contractor to correct the deficiency within specified time frames. Should the contractor fail to correct deficiencies within said time frame, the Chief Executive Officer, or his/her designee, may: (a) Deduct from the contractor's payment, pro rata, those applicable portions of the Monthly Contract Sum; and/or (b) Deduct liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the contractor to correct a deficiency within the specified time frame. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is one hundred dollars ($100) per day per infraction, and that the contractor shall be liable to the County for liquidated damages in said amount. Said amount shall be deducted from the County's payment to the contractor; and/or (c) Upon giving five (5) days notice to the contractor for failure to correct the deficiencies, the County may correct any and all deficiencies and the total costs incurred by the County for completion of the work by an alternate source, whether it be County forces or separate private contractor, will be deducted and forfeited from the payment to the contractor from the County, as determined by the County. Implementation Homelessness Plan - CPG Y2 Page 32 AO -20-61 0 8.26.3 The action noted in Paragraph 8.26.2 shall not be construed as a penalty, but as adjustment of payment to the contractor to recover the County cost due to the failure of the contractor to complete or comply with the provisions of this Contract. 8.26.4 This Paragraph shall not, in any manner, restrict or limit the County's right to damages for any breach of this Contract provided by law or as specified in the PIRS or Paragraph 8.26.2, and shall not, in any manner, restrict or limit the County's right to terminate this Contract as agreed to herein. 8.27 Most Favored Public Entity 8.27.1 If the contractor's prices decline, or should the contractor at any time during the term of this Contract provide the same goods or services under similar quantity and delivery conditions to the State of California or any county, municipality, or district of the State at prices below those set forth in this Contract, then such lower prices shall be immediately extended to the County. 8.28 Nondiscrimination and Affirmative Action 8.28.1 The contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. 8.28.2 The contractor shall certify to, and comply with, the provisions of Exhibit C (Contractor's EEO Certification). 8.28.3 The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -d iscri mi nation laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Implementation Homelessness Plan - CPG Y2 Page 33 AO -20-61 0 8.28.4 The contractor certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 The contractor certifies and agrees that it, its affiliates, subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contracf. 8.28.6 The contractor shall allow County representatives access to the contractor's employment records during regular business hours to verify compliance with the provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) when so requested by the County. 8.28.7 If the County finds that any provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) have been violated, such violation shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. While the County reserves the right to determine independently that the anti -discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the contractor has violated Federal or State anti -discrimination laws or regulations shall constitute,a finding by the County that the contractor has violated the anti -discrimination provisions of this Contract. 8.28.8 The parties agree that in the event the contractor violates any of the anti -discrimination provisions of this Contract, the County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract. Implementation Homelessness Plan - CPG Y2 Page 34 AO -20-61 0 8.29 Non Exclusivity 8.29.1 Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the contractor. This Contract shall not restrict County from acquiring similar, equal or like goods and/or services from other entities or sources. 8.30 Notice of Delays 8.30.1 Except as otherwise provided under this Contract, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party. 8.31 Notice of Disputes 8.31.1 The contractor shall bring to the attention of the County's Project Manager and/or County's Project Director any dispute between the County and the contractor regarding the performance of services as stated in this Contract. If the County's Project Manager or County's Project Director is not able to resolve the dispute, the Chief Executive Officer, or designee shall resolve it. 8.32 Notice to Employees Regarding the Federal Earned Income Credit 8.32.1 The contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law 8.33.1 The contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The information is set forth in Exhibit H, Safely Surrendered Baby Law of this Contract. Additional information is available at www.babysafela.org. Implementation Homelessness Plan - CPG Y2 Page 35 AO -20-61 0 8.34 Notices 8.34.1 All notices or demands required or permitted to be given or made under this Contract shall be in writing and shall be hand delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Exhibits D (County's Administration) and E (Contractor's Administration). Addresses may be changed by either party giving ten (10) days prior written notice thereof to the other party. The Chief Executive Officer or his/her designee shall have the authority to issue all notices or demands required or permitted by the County under this Contract. 8.35 Prohibition Against Inducement or Persuasion 8.35.1 Notwithstanding the above, the contractor and the County agree that, during the term of this Contract and for a period of one year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement. 8.36 Public Records Act 8.36.1 Any documents submitted by the contractor; all information obtained in connection with the County's right to audit and inspect the contractor's documents, books, and accounting records pursuant to Paragraph 8.38 (Record Retention and Inspection -Audit Settlement) of this Contract; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the .solicitation process for this Contract, if applicable, become the excl.usive property of the County. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked "trade secret", "confidential", or "proprietary". The County shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. 8.36.2 In the event the Qounty is required to defend an.action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of Implementation Homelessness Plan - CPG Y2 Page 36 AO -20-61 0 a proposal marked "trade secret", "confidential", or "proprietary", the contractor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 8.37 Publicity 8.37.1 The contractor shall not disclose any details in connection with this Contract to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing the contractor's need to identify its services and related clients to sustain itself, the County shall not inhibit the contractor from publishing its role under this Contract within the following conditions: 8.37.1.1 The contractor shall develop all publicity material in a professional manner; and 8.37.1.2 During the term of this Contract, the contractor shall not, and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the prior written consent of the County's Project Director. The County shall not unreasonably withhold written consent. 8.37.2 The contractor may, without the prior written consent of County, indicate in its proposals and sales materials that it has been awarded this Contract with the County of Los Angeles, provided that the requirements of this Paragraph 8.37 (Publicity) shall apply. 8.38 Record Retention and Inspection -Audit Settlement 8.38.1 The contractor shall maintain accurate and complete financial records of its activities and operations relating to this Contract in accordance with generally accepted accounting principles. The contractor shall also maintain accurate and complete employment and other records relating to its performance of this Contract. The contractor agrees that the County, or its authorized- representatives, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, or record relating to this Contract. All such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, Implementation Homelessness Plan - CPG Y2 Page 37 AO -20-61 0 timecards, sign-in/sign-out sheets and other time and employment records, and proprietary data and information, shall be kept and maintained by the contractor and shall be made available to the County during the term of this Contract and for a period of five (5) years thereafter unless the County's written permission is given to dispose of any such material prior to such time. All such material shall be maintained by the contractor at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at the County's option, the contractor shall pay the County for travel, per diem, and other costs incurred by the County to examine, audit, excerpt, copy, or transcribe such material at such other location. 8.38.2 In the event that an audit of the contractor is conducted specifically regarding this Contract by any Federal or State auditor, or by any auditor or accountant employed by the contractor or otherwise, then the contractor shall file a copy of such audit report with the County's Auditor -Controller within thirty (30) days of the contractor's receipt thereof, unless otherwise provided by applicable Federal or State law or under this Contract. Subject to applicable law, the County shall make a reasonable effort to maintain the confidentiality of such audit report(s) 8.38.3 Failure on the part of the contractor to comply with any of the provisions of this subparagraph 8.38 shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 8.38.3 If, at any time during the term of this Contract or within five (5) years after the expiration or termination of this Contract, representatives of the County conduct an audit of the contractor regarding the work performed under this Contract, and if such audit finds that the County's dollar liability for any such work is less than payments made by the County to the contractor, then the difference shall be either: a) repaid by the contractor to the County by cash payment upon demand or b) at the sole option of the County's Auditor -Controller, deducted -from any amounts due to the contractor from the County, whether under this Contract or otherwise. If such audit finds that the County's dollar liability for such work is * more than the payments made by the County to the contractor, then the difference shall be paid to the contractor by the County by cash payment, provided that in no event shall the County's Implementation Homelessness Plan - CPG Y2 Page 38 AO -20-61 0 maximum obligation for this Contract exceed the funds appropriated by the County for the purpose of this Contract. 8.39 Recycled Bond Paper 8.39.1 Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the contractor agrees to use recycled -content paper to the maximum extent possible on this Contract. 8.40 Subcontracting 8.40.1 The requirements of this Contract may not be subcontracted by the contractor without the advance approval of the County. Any attempt by the contractor to subcontract without the prior consent of the County may be deemed a material breach of this Contract. 8.40.2 If the contractor desires to subcontract, the contractor shall provide the following information promptly at the County's request: 8.40.2.1 A description of the work to be performed by the subcontractor; 8.40.2.2 A draft copy of the proposed subcontract; and 8.40.2.3 Other pertinent information and/or certifications requested by the County. - 8.40.3 The contractor shall indemnify, defend, and hold the County harmless with respect to the activities of each and every subcontractor in the same manner and to the same degree as if such subcontractor(s) were the contractor employees. Any entity hired by Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. 8.40.4 The contractor shall remain fully responsible for all performances required of it under this Contract, including those that the contractor has determined to subcontract, notwithstanding the County's approval of the contractor's Implementation Homelessness Plan - CPG Y2 Page 39 AO -20-61 0 proposed subcontract. 8.40.5 The County's consent to subcontract shall not waive the County's right to prior and continuing approval of any and all personnel, including subcontractor employees, providing services under this Contract. The contractor is responsible to notify its subcontractors of this County right. 8.40.6 The County's Project Director is authorized to act for and on behalf of the County with respect to approval of any subcontract and subcontractor employees. After approval of the subcontract by the County, contractor shall forward a fully executed subcontract to the County for their files. 8.40.7 The contractor shall be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County's consent to subcontract. 8.40.8 The contractor shall obtain certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. Before any subcontractor employee may perform any work hereunder, contractor shall ensure delivery of all such documents to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(cD-ceo.lacounty.aov 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program 8.41.1 Failure of the contractor to maintain compliance with the requirements set forth in Paragraph 8.14 (Contractor's Warranty of Adherence to County's Child Support Compliance Program) shall constitute default under this Contract. Without limiting the rights and remedies available to the County under any other provision of this Contract, failure of the contractor to curb such default within ninety (90) calendar days of written notice shall be grounds upon which the County may terminate this Contract pursuant to Paragraph 8.43 (Termination for Default) and pursue Implementation Homelessness Plan - CPG Y2 Page 40 AO -20-61 0 debarment of the contractor, pursuant to County Code Chapter 2.202. 8.42 Termination for Convenience 8.42.1 This Contract may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the contractor specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent. 8.42.2 After receipt of a notice of termination and except as otherwise directed by the County, the contractor shall: 8.42.2.1 Stop work under this Contract on the date and to the extent specified in such notice, and 8.42.2.2 Complete performance of such part of the work as shall not have been terminated by such notice. 8.42.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of the contractor under this Contract shall be maintained by the contractor in accordance with Paragraph 8.38 (Record Retention and Inspection -Audit Settlement). 8.43 Termination for Default 8.43.1 The County may, by written notice to the contractor, terminate the whole or any part of this Contract, if, in the judgment of County's Project Director: 8.43.1.1 Contractor has materially breached this Contract; or 8.43.1.2 Contractor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this Contract; or 8.43.1.3 Contractor fails to demonstrate a high probability of timely fulfillment of performance requirements under this Contract, or of any obligations of this Implementation Homelessness Plan - CPG Y2 Page 41 AO -20-61 0 Contract and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure. 8.43.2 In the event that the County terminates this Contract in whole or in part as provided in Paragraph 8.43.1, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The contractor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this paragraph. 8.43.3 Except with respect to defaults of any subcontractor, the contractor shall not be liable for any such excess costs of the type identified in Paragraph 8.43.2 if its failure to perform this Contract arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not limited to: acts of God or of the public enemy, acts of the County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the contractor. If t ' he failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the. contractor to meet the required performance schedule. As used in this paragraph, the term "subcontractor(s)" means subcontractor(s) at any tier. 8.43.4 If, after the County has given notice of termination under the provisions of Paragraph 8.43 (Termination for Default) it is determined by the County that the contractor was not in default under the provisions of Paragraph 8.43 (Termination for Default) or that the default was excusable under the Implementation Homelessness Plan - CPG Y2 Page 42 AO -20-61 0 provisions of subparagraph 8.43.3, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 8.42 (Termination for Convenience). 8.43.5 The rights and remedies of the County provided in this Paragraph 8.43 (Termination for Default) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.44 Termination for Improper Consideration 8.44.1 The County may, by written notice to the contractor, immediately terminate the right of the contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the contractor's performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the contractor as it could pursue in the event of default by the contractor. 8.44.2 The contractor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Aud itor-Co ntrol lees Employee Fraud Hotline at (800) 544-6861. 8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts. 8.45 Termination for Insolvency 8.45.1 The County may terminate this Contract forthwith in the event of the occurrence of any of the following: 8.45.1.1 Insolvency of the contractor. The contractor shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code Implementation Homelessness Plan - CPG Y2 Page 43 AO -20-61 0 and whether or not the contractor is insolvent within the meaning of the Federal Bankruptcy Code; 8.45.1.2 The filing of a voluntary or involuntary petition regarding the contractor under the Federal Bankruptcy Code; 8.45.1.3 The appointment of a Receiver or Trustee for the contractor; or 8.45.1.4 The execution by the contractor of a general assignment for the benefit of creditors. 8.45.2 The rights and remedies of the County provided in this Paragraph 8.45 (Termination for Insolvency) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.46 Termination for Non -Adherence of County Lobbyist Ordinance 8.46.1 The contractor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the contractor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the contractor or any County Lobbyist or County Lobbying firm retained by the contractor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Contract, upon which the County may in its sole discretion, immediately terminate or suspend this Contract. 8.47 Termination for Non -Appropriation of Funds 8.47.1 Notwithstanding any other provision of this Contract, the County shall not be obligated for the contractor's performance hereunder or by any provision of this Contract during any of the County's future fiscal years unless and until the County's Board of Supervisors appropriates funds for this Contract in the County's Budget for each such future fiscal year. In the event that funds are not appropriated for this Contract, then this Contract shall terminate as of June 30 of the last fiscal year for which funds were appropriated. The County shall notify the contractor in writing of any such non -allocation of funds at the earliest possible date. Implementation Homelessness Plan - CPG Y2 Page 44 AO -20-61 0 8.48 Validity 8.48.1 If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby. 8.49 Waiver 8.49.1 No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph 8.49 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.50 Warranty Against Contingent Fees 8.50.1 The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. 8.50.2 For breach of this warranty, the County shall have the right to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.51 Warranty of Compliance with County's Defaulted Property Tax Reduction Program 8.51.1 Contractor acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless contractor qualifies for an exemption or exclusion, contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of Implementation Homelessness Plan - CPG Y2 Page 45 AO -20-61 0 this contract will maintain compliance, with Los Angeles County Code Chapter 2.206. 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program 8.52.1 Failure of contractor to maintain compliance with the requirements set forth in Paragraph 8.51 "Warranty of Compliance with County's Defaulted Property Tax Reduction Program" shall constitute default under this contract. Without limiting the rights and remedies available to County under any other provision of this contract, failure of contractor to cure such default within ten (10) days of notice shall be grounds upon which County may terminate this contract and/or pursue debarment of contractor, pursuant to County Code Chapter 2.206. 8.53 Time Off for Voting 8.53.1 The contractor shall notify its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code Section 14000). Not less than ten (10) days before every statewide election, every contractor and subcontractors shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking Contractor acknowledges that the County has established a Zero Tolerance Policy on Human Trafficking prohibiting contractors from engaging in human trafficking. If a Contractor or member of Contractor's staff is convicted of a human trafficking offense, the County shall require that the Contractor or member of Contractor's staff be removed immediately from performing services under the Contract. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law. Disqualification of any member of Contractor's staff pursuant to this paragraph shall not relieve Contractor of its obligation to -.complete all work in accordance with the terms and conditions of this Contract. Implementation Homelessness Plan - CPG Y2 Page 46 AO -20-61 0 Contractor shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History, Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract. The contractor acknowledges that the County takes its commitme to preserving the dignity and professionalism of the workplace ve seriously, as set forth in the County Policy of Equity (CPO (hgp�i:�//ceo �.Iacou�ht. oqv/). The contractor further acknowledg that the County strives to provide a workplace free fro discrimination, harassment, retaliation and inappropriate condu based on a protected characteristic, and which may violate th CPOE. The contractor, its employees and subcontracto acknowledge and certify receipt and understanding of the CPO Failure of the contractor, its employees or its subcontractors uphold the County's expectations of a workplace free fro harassment and discrimination, including inappropriate condu based on a protected characteristic, may subject the contractor termination of contractual agreements as well as civil liability. MM, ffmf .11: 1111 A 0 a I Contractor and subcontractors that electronically transmit or store personal information (PI), protected health information (PHI) and/or medical information (MI) shall comply with th4 encryption standards set forth below. PI is defined in California Health Insurance Portability and Accountability Act of 1996 (HIPPA), and implementing regulations, MI is defined in California Civil Code Section 56.05(j). a. Stored Data Contractors' and subcontractors' workstations and portable devices that are used to access, store, receive and/or transmit County PI, PHI or MI (e.g., mobile, Wbarables, tablets, thumb drives, external hard drives) require encryption (i.e. software and/or hardware) in accordance with: a) Federal Information Implementation Homelessness Plan - CPG Y2 Page 47 AO -20-61 0 Processing Standard Publication (FIPS) 140-2; b) National Institute of Standards and Technology (NIST) Special Publication 800-57 Recommendation for Key Management — Part 1: General (Revision 3); c) NIST Special Publication 800-57 Recommendation for Key Management — Part 2: Best Practices for Key Management Organization; and d) NIST Special Publication 800-111 Guide to Storage Encryption Technologies for End User Devices. Advanced Encryption Standard (AES) with cipher strength of 256 -bit is minimally required. b. Transmitted Data All transmitted (e.g. network) County PI, PHI and/or MI require encryption in accordance with: a) NIST Special Publication 800-52 Guidelines for the Selection and Use of Transport Layer Security Implementations; and b) NIST Special Publication 800-57 Recommendation for Key Management — Part 3: Application -Specific Key Management Guidance. Secure Sockets Layer (SSL) is minimally required with minimum cipher strength of 128 -bit. C. Certification The County must receive within ten (10) business days of its request, a certification from the Contractor (for itself and any Subcontractors) that certifies and validates compliance with the encryption standards set for the above. In additional, Contractor shall maintain a copy of any validation/aftestation report that its data encryption product(s) generate and such reports shall be subject to, audit in accordance with the Contract. Failure on the part of 1he Contractor to comply with any of the provisions of this Subparagraph 9.3.1 (Data Encryption) shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 9.2 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) 9.2.1 Contractor expressly acknowledges and agrees that the provision of services under this Agreement does not require or permit access by Contractor or any of its offic0s, employees, or agents, to any patient medical records/patient information. Accordingly, Contractor shall instruct its officers, Implementation Homelessness Plan - CPG Y2 Page 48 AO -20-61 0 employees, and agents that they are not to pursue, or gain access to, patient medical records/patient information for any reason whatsoever. 9.2.2 Notwithstanding the forgoing, the parties acknowledge that in the course of the provision of services hereunder, Contractor or its officers, employees, and agents, may have inadvertent access to patient medical records/patient information. Contractor understands and agrees that neither it nor its officers, employees, or agents, are to take advantage of such access for any purpose whatsoever. 9.2.3 Additionally, in the event of such inadvertent access, Contractor and its officers, employees, and agents, shall maintain the confidentiality of any information obtained and shall notify Director that such access has been gained immediately, or upon the first reasonable opportunity to do so. In the event of any access, whether inadvertent or intentional, Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all liability, including but not limited to, actions, claims, costs, demands, expenses, and fees (including attorney and expert witness fees) arising from or connected with Contractor's or its officers', employees', or agents', access to patient medical records/patient information. Contractor agrees to provide appropriate training to its employees regarding their obligations as described hereinabove. Implementation Homelessness Plan - CPG Y2 Page 49 AO -20-61 0 IN WITNESS WHEREOF, County has caused this Contract to be executed by its Chief Executive Officer. Contractor has caused this Contract to KOM 2 1 0 to] 19 03 ZA M 5 MM - =� Lwoxqili�zwq mlmd� AJI w�—L� o' -Y "N'ec S�"r KATHERINE M. BOWSER Principal Deputy County Counsel Date I grimmal IM Implementation Homelessness Plan - CPG Y2 Page 50 AO -19-6 EXHIBIT A STATEMENT OF WORK City of Baldwin Park Multi -jurisdictional City Homelessness Plan Implementation Grant Section 1. Overview On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi -jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the cities of Baldwin Park, El Monte and South El Monte (Cohort) have a combined homeless count of 775 individuals and family members. Since the completion of their homeless plans in 2018, the Cohort Cities have been working collectively to combat homelessness and agreed to formally partner to develop a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and 2) enhance the availability and access to homeless services to prevent and combat homelessness in the region. The Cohort, identified the city of Baldwin Park as lead agency and fiscal administrator for this multi -jurisdictional proposal. The Cohort's long-term vision is to create a system change and set in place efficiencies through policies and programs within the Cities that will align with the County's. The Cohort, through its respective Community Development Departments, Planning Department and Department of Recreation and Community Services (Baldwin Park) will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the Hl, with whom planning work is already underway. The EXHIBIT A STATEMENT OF WORK proposed project is a result of discussions between cohort cities and each cohort city's goals and objectives as described below: Baldwin Park: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing El Monte: • Better Understand the City's Homeless Population and Educate the Community • Increase Engagement Activities and Links to Crisis Response System • Expand Access to Workforce Development and Employment Programs • Increase the Number of Shelter Beds • Increase the Number of Affordable/Supportive Housing Units • Participate in Regional Collaboration Opportunities South El Monte: • Educate City Staff and the Community about Homelessness and Available Resources • Increase Outreach and Engagement Activities Goal • Expand Employment Opportunities in the City • Create Shelter Options in the City • Create New Affordable/Supportive Housing Options in the City • Coordinate with Regional Partners on Homelessness Plan Implementation Section 11. Objectives and Program Description Please check all that apply: 0 Priority Area 1 - Increase the supply of supportive and interim housing for people experiencing homelessness 0 Priority Area 2 - Enhance the effectiveness of County service systems for those experiencing and/or at -risk of homelessness. Priority Area 1: The Cohort will work together to immediately increase the supply of interim and permanent housing within its jurisdiction. The cohort will work with a consultant to implement an interim housing program, using motel vouchers and a rapid re -housing program. STATEMENT OF WORK Interim Housing: EXHIBIT A The Cohort will expand the number of motel partnerships available to provide interim housing at an affordable rate for the grant period. This approach will increase the availability of immediate shelter opportunities and build trust with clients to enhance connection to the Coordinated Entry System (CES). The following motels have been identified as potential partners for interim housing: • Grand Park Inn, 13921 Francisquito Ave. Baldwin Park • Motel 6, 14510 Garvey Ave. Baldwin Park • Sierra Inn, 1171 Durfee Ave. South El Monte • Ramada Inn, 1089 Santa Anita Ave. South El Monte • Motel 6, 1228 N Durfee Ave, South El Monte Permanent Housing: The Cohort will also leverage services of the Baldwin Park Housing Authority, serving as the administrator of the Rapid Rehousing Program, and will ensure best practices are employed, and clients are quickly re -housed and stabilized. The Rapid Re -Housing funds will provide for a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including such activities as mediation, credit counseling, security or utility deposits, utility payments, moving cost assistance, and case management. To be eligible to rapid rehousing services, individuals or families must be homeless or at risk.of becoming homeless and: 1) be at or below 50% of the Area Median Income; 2) have at least an initial consultation with housing navigator/coordinator to determine need; and 3) be in a housing circumstance that no appropriate subsequent housing options have been identified and the household lacks the financial resources and support networks needed to obtain immediate housing or remain in existing housing. Land Assessment: The Cohort will explore opportunities to identify vacant or underutilized public land for affordable/supportive housing and evaluate how to utilize parcels of land and available funds resulting from the dissolution of the Redevelopment Agency for affordable/supportive housing Accessory Dwelling Unit (ADU) Ordinance Review: The Cohort will review theirADU ordinances to explore aligning Ordinances to maximize efforts to prevent and combat homelessness by providing incentives or fee waivers for ADUs used for homeless housing. The above referenced Priority Area 1 projects support the goals of each of the Cohort's homelessness plans as described above and addresses H1 strategies B3, E7, E8, F4, F6, and F7. EXHIBIT A STATEMENT OF WORK The City of Baldwin Park will also subcontract with the Cohort to support the creation of a Regional Housing Trust Fund, which will establish a source of funds to support the preservation and production of supportive, homeless, affordable and other manner of housing in the region. This project addresses HI strategy F7. Priority Area 2: The Cohort Cities will implement several integrated activities that comprise a services program to strengthen the continuum of care for the 775 people experiencing homelessness within their sub -region of the San Gabriel Valley. These activities will complement County and City service systems by enabling a selected contractor to hire a dedicated full-time Case Worker Coordinator to support Housing Navigation and other homeless service provider and city case management staff. Other proposed activities include launching a local homeless prevention/diversion program for individuals and/or families in need and establishing an Access Center to centralize homeless prevention activities. The cohort will also implement a landlord engagement and incentives program to increase housing units and stabilize clients. Additionally, the Cohort will establish a navigation center with available lockers and make available showers for people experiencing homelessness. To further support and stabilize individuals and families at risk of or experiencing homelessness, the Cohort will ensure connections to employment services and assistance, as appropriate. The above referenced Priority Area 2 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies Al, A5, B3, B4, C1, C2, C7, D5, E6, E7, and E8 Section 111111. Tasks Task 1: Develop the necessary agreements to implement the program. Activities , Deliverables Due Date Cohort Cities will enter into a Executed MOU 30 days after Memorandum of Understanding contract execution (MOU) or other type of agreement establishing the terms of their collaboration on this project Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with consultant to Agreement contract execution administer the interim housing programs; submit copies of draft subcontractor agreements for County approval. Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with a service provider(s) Agreement contract execution or consultant to serve as the Case Worker Coordinator; submit copies of I EXHIBIT A STATEMENT OF WORK draft subcontractor agreements for Metrics Deliverables County approval. Project plan will be provided 2nd Quarter Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with a consultant to do Agreement contract execution land assessment; submit copies of draft subcontractor agreements for County approval. Report will be developed and 3rd Quarter All members of the Cohort will Number of volunteers recruited 90 days after become "opt -in" cities for the LAHSA Report on number of individuals contract execution Homeless Count Identification of one or more 90 days after deployment sites contract execution Identification of one or more 90 days after coordinators to operate the site. contract execution Task II: Consultant will do land assessment of public, private land, private property, and valuate options to implement land Develop project plan and timeline for land and policy assessment. zoninq. affordable housina Dolic Project plan and timeline for I nd land and policy assessment. 12 Quarter Conduct land and policy assessment Report on 1) the number of Final Quarter and develop report affordable housing units that could be added; 2) feasibility of motel conversions; 3) land use, zoning and affordable housing policy assessment and/or recommendations Develop ADU and/or Zoning Final adopted ordinance (s) Final Quarter Ordinance revisions Task III: Conduct Canital lmnrovements for Shared Sunnortive Housina Activities Metrics Deliverables Development of project plan, to Project plan will be provided 2nd Quarter identify potential sites for capital improvements, including timeline, and allocation of resources, and training Available sites identified Report will be developed and 3rd Quarter provided Capital improvements completed on Report on number of individuals Final Quarter identified sites and families housed in shared housing EXHIBIT A STATEMENT OF WORK Task IV: Consultant will engage Landlords, motel owners, property managers to increase interim and permanent housing opportunities Activities Metrics Deliverables Create a Landlord engagement plan Project Plan 60 days after with standard outreach, training, and interim housing contract execution support services across cohort. Number of new rooms secured for interim 3 th Quarter Activities Metrics Deliverables Establish partnership/agreements Number of Landlords, property Final Quarter with motel owners and Landlords, managers engaged to increase 60-100 individuals property managers to increase permanent housing 150 Landlords,1-15 interim and permanent housing Number of individuals and family members at each session, opportunities active in the program during report period with 10% retention (unduplicated) goal Number of agreements Final Quarter executed to increase permanent housing 10 Agreements Number of Motel/interim housing End of 1 st Quarter operators engaged to increase interim housing 3 Operators Number of agreements 2nd Quarter executed to increase interim housing 3 Agreements Task V: Establish and Implement the Interim Housing and Short-term Rental Assistance Programs Activities Metrics Deliverables Motel vouchers Number of new motel locations providing 3 th Quarter interim housing 3 motels Number of new rooms secured for interim 3 th Quarter housing 1 new rooms Number of individuals and family members Final Quarter newly enrolled during report period 60-100 individuals (unduplicated) Number of individuals and family members active in the program during report period Final Quarter (unduplicated) 60-100 individuals :0211 kv-11 STATEMENT OF WORK Task VI: Establish Access Center, Navigation Center and Services Program Activities Number individuals and family members who Deliverables Establish an Access Center to centralize exited to any destination during report period Final Quarter (unduplicated) 50 individuals Number of individuals and family members who exited to permanent housing destination Final Quarter during report period (unduplicated) 10 individuals Short-term Rental Number of individuals and family members Assistance Program newly enrolled in the program during report 3rd Q 6arter with supportive period. (unduplicated) 30 (10 per site) services targeting lower/medium acuity Number of individuals and family members clients. active in the program during the report period. Final Quarter (unduplicated) 60 individuals Number of individuals and family members Final Quarter who exit short-term rental assistance program 60 individuals (undu licated) Number of individuals and family members Final Quarter who obtained employment (unduplicated) 15 individuals Number of individuals and family members 3rd Quarter who were connected to benefits (unduplicated) 60 individuals Number of individuals and family members Final Quarter who retained permanent housing (reached the Unknown 6 -month retention milestone from date of placement) after exiting rapid rehousing Number of individuals and family members Final Quarter placed in short-term rental assistance program 30 individuals who were eligible to meet the 6 -month retention milestone (DENOMINATOR FOR ABOVE METRIC) Number of individuals and family members Final Quarter who retained housing (reached the 12 -month Unknown retention milestone from date of placement) Number of individuals and family members Final Quarter placed in permanent housing who were 30 individuals eligible to meet the 12 -month retention milestone (Denominator for the above metric) Number of Security Deposits provided 25 Deposits Task VI: Establish Access Center, Navigation Center and Services Program Activities Metrics Deliverables Establish an Access Center to centralize Access Center location(s) 2nd Quarter 1 in El Monte EXHIBIT A STATEMENT OF WORK homeless prevention Number of individuals and family members Final Quarter activities served at access center location Note: Funds (unduplicated) ($5,000) allocated to El Monte Access Center, please clarify amount of allocation Number of individuals and family members Final Quarter connected to services during the report period N/A (unduplicated) Note: Funds ($5,000) allocated to El Monte Access Center, please clarify amount of allocation Establish available Number of lockers available at the navigation lockers and center 2nd Quarter connection to laundry 30 individuals facility Number of individuals and family members utilizing lockers during the report period. Final Quarter (unduplicated) 100 individuals Number of individuals and family members Final Quarter, or accessing laundry services (unduplicated) 33 per quarter, 200 Individuals Total Installation of Shower Number of shower stalls provided to serve 2rd Quarter Facilities individuals and families experiencing 4 stalls per site, at homelessness 3 sites, 12 Total Number of individuals and family members Final Quarter accessing shower facilities during report 30 individuals per period. (unduplicated) Quarter Avg, 180 Total Number of days in the report period that Final Quarter showers were made available to people 30 per Quarter experiencing homelessness Avg, 180 Total Establish a Number of individuals and family members Final Quarter Prevention/Diversion received prevention/diversion services 60-100 individuals Program to offer _ (unduplicated) EXHIBIT A STATEMENT OF WORK rental Number of individuals and family members Final Quarter assistance/resources prevented from becoming homeless during 60 individuals report period (unduplicated) Task VII: Increase employment services Activities Target Outcome I Deliverables Develop an employment/jobs plan Joint Powers Authority 2nd Quarter among Cohort with a local hire Employment/Job plan 1 Plan for Cohort model. RHTF established. describing progress Formalize partnership with non-profit Provide report on partnerships 3 th Quarter agencies, who offer specialized and employment opportunities Single Partnership employment/job development tools, created involvement of and EDD to increase opportunity for Baldwin Park. clients to secure jobs and increase income. Task Vill: Regional Housing Trust Fund Activities Target Outcome Deliverables Support the establishment of a Joint Powers Authority Narrative included Regional Housing Trust Fund negotiations complete and in quarterly report Assessment of Baldwin Park's Public or Private RHTF established. describing progress Land, Private Property, and valuate options to toward formation of implement Land Use, Zoning, Affordable Housing RHTF and Policy, and Hotel/Motel Conversions. Interact with involvement of City Council and Planning Commission Baldwin Park. Section Ill. Staffing Provide description of staff roles that directly support the successful implementation of the funded program(s). Staff may include City personnel and/or City's sub-contractor(s) Program Name: Baldwin Park, El Monte and South El Monte (Cohort) Homelessness Implementation Plan Entity :Title Description of Key'Activities Baldwin Park City Planner/ Oversight and coordination with Consultant in Associate Planner Assessment of Baldwin Park's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission EXHIBIT A Community Provide oversight of Employment Services and Development Director various PA 1 and PA 2 activities within the City of Baldwin Park Recreation and Provide oversight and direction of Shower Program, Community Services Navigation and Lockers Director Housing Manager Pursue funding to expand housing development, increase shelter options/services. Housing Specialist Provide Interim Housing and Motel Vouchers El Monte Associate Planner Oversight and coordination with Consultant in Assessment of El Monte's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission Housing Manager Provide oversight of prevention/diversion and other PA 2 funded services, such as, short term rental assistance with supportive services Administrative Provide administrative support for PA1/PA 2 Technician activities South El Monte Director of Community Oversight and coordination with Consultant in Development Assessment of South El Monte's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission Deputy City Manager Provide oversight of various PAII and PA 2 activities within the City of South El Monte Community Services Provide direction and support for Housing Executive Navigator/Case Manager within the City of South El Monte, Data collection and reporting. Baldwin Park, Development/Planning Work directly with each cohort city to evaluate El Monte, Consultant options to implement land use/zoning changes, such South El Monte as Motel Conversion and Low-income Fee Waivers for Accessory Dwelling Units. Consider aligning land use/zoning policies to match LA County. Evaluate the establishment of an inclusionary housing ordinance. For cities with their own Housing Authority, consider prioritizing Housing Choice Vouchers for persons experiencing [chronic] homelessness. Baldwin Park, Homeless Housing Within each cohort city, work with landlords to El Monte, Coordinator provide clarity on process to increase housing units, South El Monte assistance with tenants (workshops for paperwork, education on unit maintenance, self-observation techniques, as well as provide quarterly observation EXHIBIT A STATEMENT OF WORK site visits for recommendations of annual inspections to strengthen longevity in rental unit. Host lunch/dinner special informational events to attract new landlords. The program will overall establish and carry -out mutual objectives between land lord/tenant/city and County services leading to systemic improvements and securing the available units expeditiously. Coordination between cities and CES and regional county efforts is integral to successful implementation of Cohort Plans. Coordinator will serve to establishing the development of relationships with Motel vendors, landlords and property managers for rapid rehousing, and doing work to support creation of new housing/shelter. Baldwin Park, Development Work with each cohort city to assess and appraise El Monte, Consultant existing public or privately -owned land/property South El Monte resources to determine the feasibility of use for interim or permanent housing. Prepare report of assessment findings. Baldwin Park, Housing Provide support to residents at risk of, or El Monte, ' Navigator/Case experiencing homelessness to locate housing and South El Monte Manager connect to other housing services funded through PA 1/PA 2 1. Provide copy of any Within 60 days of contract execution (if an early payment agreements necessary to is needed to start implementing the program, this implement the funded deliverable can be submitted earlier) program (MOU/Joint- Use). Subcontracted February 28, 2021 agreements necessary to implement the funded program in advance for County approval. 11. Provide copy of any ADU Upon completion Project Plans or related draft ordinances 11. Submit Quarterly Reports Within 30 days after each quarter of program and supporting implementation documents. * Milia! it 0 r =0 I M F T M 1 M I W, DMIM M M 1-0 MAN September 1, 2020 — November 30, 2020 December 1, 2020— February 28, 2021 February 28, 2021 Prior to contra on i Quarterly Reports and Invoices shall be submitted to County Chief Executive Office - [WN: 114 k 9 -.1 PRICING SCHEDULE Total Contract Budget: $1,074,820 The contract sum of $698,400 for PA1 and PA2 activities to be paid by County of Los Angeles. The County will pay up to 1/4 of the total contract sum upon receipt of invoice and/or upon execution of the subcontracts necessary to perform contract services. The allocated amount of $376,420 for Regional Housing Trust Funds (RHTF) will be disbursed accordingly once operating budget has been established by City and approved by County, and official formation of RHTF. The County will pay $169,430 of the total allocated RHTF amount upon execution of the subcontracts to perform contract services. The remaining contract sum and RHTF amount shall be paid out based on reimbursable charges over the term of the agreement. CITY PERSONNEL COSTS Total Costs Not to Ekceed PA 1 — City Plan ner/Associate Planner (City of Baldwin Park) $21,450 PA 1 — Associate Planner (City of El Monte) $11,324 PA 1 — Director of Community Development (City of South El Monte) $10,800 S UBTOM"'(CITY, PERSON NE L -COSTS) ... ..... . $43,574" NON - PERSONNEL COSTS Sub-Contract/Consultant Costs: Total Costs Not to Exceed PA1 - Development/Planning Consultant $ 30,000 PA1 - Permanent Housing Capital Improvements $ 30,000 PA1 - Homeless Housing Coordinator $ 81,200 PA1 - Motel Vouchers for Interim Housing $ 97,526 PA1 - Short -Term Rental Assistance/Rapid Rehousing $ 85,500 PA1 - Development Consultant $ 45,000 PA2 - Prevention/Diversion Program $ 87,000 PA2 - Employment Services $ 27,000 PA2 - Landlord Engagement/Incentives Program $ 25,000 PA2 - Showers Program $ 18,000 PA2 - Navigation Center/Lockers $ 30,000 PA2 - Access Center $ 5,000 PA2 - Housing Navigation/Case Management $ 93,600 SUBTOTAL)'NON�..�!�PERSONNELtOti�$) $654,826 TO T I A tb b, PER NNE �,-N N P ST EXHIBIT B REGIONAL HOUSING TRUST FUND (RHTF) RHTF Funds disbursed accordingly once operating budget has been established by City and approved by COUNTY, and official formation $376,420 of RHTF. TOTAL CONTRACT SUM $ l-,074,820 *Changes within line items and/or categories require written authorization from the County Project Manager. Written authorization may be defined to include letter, email, and fax. A contract amendment is not required for changes within line items and/or categories. EXHIBIT B CITY MATCH COMMITMENT: $237,628 This section onlv applies to procirams funded under Prioritv Area 2. PERSONNEL COSTS (City Personnel Only) Position Title No. of Hours to be worked over Total Cost to the the life of contract (#FTE) City Baldwin Park Personnel Community Development Director $ 50,000 Costs @$15,000 @$71.48p/hr x 1 1.5hrs p/month x1 8months=$14,796.36 Recreation and Community Services Director @ $7,600 @$86.85/hr x 4.8hrs p/month x1 8 mts=$7,503.84 Housing Manager @$14,400, @52.71 /h r x 15 h rs p/mo nth x 18mts=$14,231.70 Housing Specialist @ $13,000. @$22.47/hr x 32hrs p/month x 18mts $126,165=$12,942.72 City of El Monte Housing Manager 278 Hrs. @ $ 28,851 ($42.90 FTE) =$11,964; Administrative Technician, 968 Hrs. @ ($17.45 FTE) = $16,887 City of South El Monte Deputy City Manager 262 hrs. @ $ 32,612 ($75.00 per hr. FTE= $19,657; and Community Services Executive, 308 Hrs. @ ($42.26 per hr. FTE) =$12,955 SUBTOTAL (City Personnel Only) $111,463 NON - PERSONNEL COSTS City Match Commitment to Program Services being performed $ 14,976 by intern/volunteers (32hrs/month x 18months=576hrs) valued at $26/p/hr =$14,976. Baldwin Park $ 40,093 Office Space $2.50 sq.ft @585sq.ft. = $1,462 x1 8months=$26,325 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 EXHIBIT B Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050 Total: $40,093 El Monte $ 35,548 Office Space $2.20 sq.ft @550 sq.ft. = $1,210 x1 8months=$21,780 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050. Total= 35,548.00 South El Monte $ 35,548 Office Space $2.20 sq.ft @550 sq.ft. = $1,210 x1 8months=$21,780 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050 Total: $35,548 Note* City Match Commitment to Program Services being performed by subcontracted providers @$40,000 (can be an additional match should it be deemed eligible, totaling city match to $75,548 and overall cohort match @$277,628) SUBTOTAL (NOW PERSONNEL COSTS) $126,165 TOTAL CITY COMMITMENT $237,628 ��0�i City of Baldwin Park Contractor Name 14403 E Pacific |d iPark, Address 95-6005574 Internal Revenue Service Employer Identification Number In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the contractor, supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti- discrimination laws of the United States of America and the State of California. 1. The Contractor has a written policy statement prohibiting Yes El No discrimination in all phases of employment. i 2. The Contractor periodically conducts oself analysis Yes El No[] or utilization analysis of its work force. 3. The Contractor has a system for determining if Yee in No [] its employment practices are discriminatory against protected groups. 4` Where problem areas are identified inemploymen1 YeaDO No practices, the Contractor has asystem for taking reasonable corrective action, toinclude establishment of goals or timetables. Exhibit D COUNTY'S ADMINISTRATION CONTRACT NO. AO -20-610 COUNTY PROJECT DIRECTOR: Name: Title: Address: Telephone: Jerry Ramirez Manager, CEO 500 West Temple Street, Room 493 LA, CA 90012 Facsimile: E -Mail Address: COUNTY PROJECT MANAGER: Name: Leticia Colchado Title: Principle Analyst Address: 500 West Temple Street, Room 493 Los Angeles, CA 90012 Telephone: Facsimile: E -Mail Address: Icolchado(a)-ceo.lacounty.gov COUNTY CONTRACT PROJECT MONITOR: Name: Title: Address: Telephone: Facsimile: E -Mail Address: EXHIBIT E CONTRACTOR'S ADMINISTRATION CONTRACTOR'S NAME Citv of Baldwin Park CONTRACT NO: AO -20-610 CONTRACTOR'S PROJECT MANAGER: Name: Manuel Carrilo Jr. Title: Director of Recreation and Communitv Services Address: 4100 Baldwin Park Blvd. Baldwin Park. CA 91706 Telephone: (626) 813-5247 Facsimile: (626) 814-2998 E -Mail Address: mcarri I lo(cD_baidwi n park. com CONTRACTOR'S AUTHORIZED OFFICIAL(S) Name: Manuel Lozano Title: Mavor Address: 14403 E. Pacific Ave. Baldwin Park. CA 91706 Telephone: (626) 813-5201 Facsimile: (626) 962-2625 E -Mail Address: m lozano(cD- baldwin park. com Notices to Contractor shall be sent to the following: Name: Manuel Carrilo Jr. Title: Director of Recreation and Community Services Address: 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Telephone: (626) 813-5247 Facsimile: (626) 814-2998 E -Mail Address: mcarri I loCa). baldwin park. com EXHIBIT F CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT (Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the Contract until County receives this executed document.) CONTRACTOR NAME: City of Baldwin Park - Contract No. AO -20-610 GENERAL INFORMATION: The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services to the County. The County requires the Corporation to sign this Contractor Acknowledgement and Confidentiality Agreement. CONTRACTOR ACKNOWLEDGEMENT: Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and independent contractors (Contractor's Staff) that will provide services in the above referenced agreement are Contractor's sole responsibility. Contractor understands and agrees that Contractor's Staff must rely exclusively upon Contractor for payment of salary and any and all other benefits payable by virtue of Contractor's Staff's performance of work under the above -referenced contract. Contractor understands and agrees that Contractor's Staff are not employees of the County of Los Angeles for any purpose whatsoever and that Contractor's Staff do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above - referenced contract. Contractor understands and agrees that Contractor's Staff will not acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles. CONFIDENTIALITY AGREEMENT: Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of Los Angeles and, if so, Contractor and Contractor's Staff may have access to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, Contractor and Contractor's Staff may also have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession, especially data and information concerning health, criminal, and welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County work, the County must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such data and information. Consequently, Contractor must sign this Confidentiality Agreement as a condition of work to be provided by Contractor's Staff for the County. Contractor and Contractor's Staff hereby agrees that they will not divulge to any unauthorized person any data or information obtained while performing work pursuant to the above -referenced contract between Contractor and the County of Los Angeles. Contractor and Contractor's Staff agree to forward all requests for the release of any data or information received to County's Project Manager. Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other original materials produced, created, or provided to Contractor and Contractor's Staff under the above - referenced contract. Contractor and Contractor's Staff agree to protect these confidential materials against disclosure to other than Contractor or County employees who have a need to know the information. Contractor and Contractor's Staff agree that if proprietary information supplied by other County vendors is 7*R9.T--1W1 P" " - . 0.1 - 11 Is A 1 11 . 1 0 provided to me during this employment, Contractor and Contractor's Staff shall keep such information confidential. Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and Contractor's Staff to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress. I agree that all materials, documents, software programs and documentation, written designs, plans, diagrams, reports, software development tools and aids, diagnostic aids, computer processable media, source codes, object codes, conversion aids, training documentation and aids, and other information and/or tools of all types, developed or acquired by me in whole or in part pursuant to the above referenced contract, and all works based thereon, incorporated therein, or derived therefrom shall be the sole property of the County. In this connection, I hereby assign and transfer to the County in perpetuity for all purposes all my right, title, and interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, pateni rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, I agree to promptly execute and deliver to County all papers, instruments, and other documents requested by the County, and to promptly perform all other acts requested by the County to carry out the terms of this agreement, including, but not limited to, executing an assignment and transfer of copyright in a form substantially similar to Exhibit M 1, attached hereto and incorporated herein by reference. IRI ROOM MIA I acknowledge that violation of this agreement may subject me to civil and/or criminal action and that the County of Los Angeles #)ay seek all possible legal redress. SIGNATURE: DATE: PRINTED NAME, Manuel Lozano POSITION:- ---Mayor Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.010 Findings. EXHIBIT G The board of supervisors makes the following findings. The county of Los Angeles allows its permanent, full- time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a potential financial hardship for employees who do not receive their pay when called to jury service, and those employees often seek to be excused from having to serve. Although changes in the court rules make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and increases the burden on those employers, such as the county of Los Angeles, who pay their permanent, full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined that it is appropriate to require that the businesses with which the county contracts possess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002) 2.203.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" means a person, partnership, corporation or other entity which has a contract with the county or a subcontract with a county contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more such contracts or subcontracts. B. "Employee" means any California resident who is a full-time employee of a contractor under the laws of California. C. "Contract" means any agreement to provide goods to, or perform services for or on behalf of, the county but does not include: 1 A contract where the board finds that special circumstances exist that justify a waiver of the requirements of this chapter; or 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; or 3. A purchase made through a state or federal contract; or 4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, or reseller, and must match and inter -member with existing supplies, equipment or systems -maintained by the county pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-3700 or a successor provision; or 5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.4.0 or a successor provision; or 6. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-281 0 or a successor provision; or 7. A non -agreement purchase with a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision; or EXHIBIT G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section PP -1 100 or a successor provision. D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if: The lesser number is a recognized industry standard as determined by the chief administrative officer, or 2. The contractor has a long-standing practice that defines the lesser number of hours as full time. E. "County" means the county of Los Angeles or any public entities for which the board of supervisors is the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), 2002) 2.203.030 Applicability. This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This chapter shall also apply to contractors with existing contracts which are extended into option years that commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002) 2.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees' regular pay the fees received for jury service. (Ord. 2002-0015 § 1 (part), 2002) 2.203.050 Other Provisions. A. Administration. The chief administrative officer shall be responsible for the administration of this chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations of the provisions of this chapter and shall issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other county departments. B. Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county that it has and adheres to a policy consistent with this chapter or will have and adhere to such a policy prior to award of the contract. (Ord. 2002-0015 § I (part), 2002) 2.203.060 Enforcement and Remedies. For a contractor's violation of any provision of this chapter, the county department head responsible for administering the contract may do one or more of the following: 1. Recommend to the board of supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002) Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.070. Exceptions. EXHIBIT G A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee in a manner inconsistent with the laws of the United States or California. B. Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining agreement that expressly so provides. C. Small Business. This chapter shall not be applied to any contractor that meets all of the following: 1 . Has ten or fewer employees during the contract period; and, 2. Has annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, are less than $500,000; and, 3. Is not an affiliate or subsidiary of a business dominant in its field of operation. "Dominant in its field of operation" means having more than ten employees and annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1 (part), 2002) 2.203.090. Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions - shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002) e EXHIBIT H SAFELY SURRENDERED BABY LAW EXHIBIT H How does it work? A distressq.�d parent who is unable it unwiffing to �jrc for a ba6),1 can Icgofly, confidentrafly, and cafely surrendcr a bab v withni three day� �72 liounO of birth, The haby must be handed to, an Co1Ph>VCC at a hvvirital or FrTC station in I sus Angdes Coi trro'� As long :o the baby 4sows no sign of abunc (n negtect, 1n) narne or other information i,� required. In �:aw the parent change, ho or her mind at a later date and wants the baby back, seaff will use bracc�cts te, help connect them to each other, One bracelet will he placid on tire baby, and a marching bracclirr wifl be given to the parent or other surrendcring 2duh, What it a parent wants Ove baby back? P,,rrcr, ts who change tlici r minds ca n lw,gin the prorass of reclainsing their balcy within 14 clay's, Theac parents should call the Lsys Angeles County Department ofChildren and Famity Services at 1-800-540-40W Can only a parent bring in the baby? No. Whilc in most czacs a parent will bring in the baby, the Lary Alorrs other people to bring in the lvaby if they have lawfut custaid1v Does the parent or surrendering adult have to call before bringing in the baby? No� A parent or surrendering adult can bring in a babyanytinae, 24 bouts a day, 7 chnss a svck, as tong ws the parent or surrcridering aduh eurrerixIcn- dec �aby to a(trisconc who works at the hospical or fire station. Does the parent or surrendering adult have to tell anything to the people tiking the baby? No, Haorier, lrnpitai or Ciro station fersonroll willask thc smarndering party to fill aut a questionnaire dcsi�gncd to prbcr 4nportanr mcclical liksory inCortnation, cvhicb n ven, tawful in ,:aring for the baby, The citics6onnairc induAce .1 starrip"i return cm,"topc and can be scot in at i later time, What happens to the baby? The leaby� will be examined and given nic4ical zmatnuntr, U n release friam the hospital, social workers ininiceliarcly place, flic baby in asak and losing horric and begin the adoption process, Whai happens to the parent or surrendering adult? (,,)ncc the parent or surrendering adult surrenders the 6AkV U) 1101jutlt or f4c station persontreL they may icave at any time, Why is California doing this? The purpoec of the Safely Surrendered Baby Laav is to protcct babics from being abandoned, hurt or killed by their parents. You may have ficart! tragic stories of babies left in dumpoicio, or pulstic: bathroorns, Their lonvists nray have bccn under severe emotional distress. 'no, raothers may have hiddcn their pregnancies, fearful of what wssukl haplects if thcir families found ous, Because dicv were afraid and had no oric or ranvitcre to turn far help, the ' v ab,vidoned dicir babies, Abancharring a baby is illegal and pfaacs the baby in extreme dangm 'Teo often, it rrsuks in dic babve death, The Saftly Surrierilred Baby Law prevents this tragody From ever happening agam in California, IWARM-11fill EXHIBIT H jUmo funciona? ZEs necesario que el padre/ Fl padre/madre con dificultarles qvw no madre o adulto diga algo a las pueda o no quicra cuidar desu reci6n personas que reciben al bebO? nacido puede entregarlo an forma legal, No. Sin embargo, el personal del hospital o confidencial ysegura dentro de Jos tres dfas cuArtl de bomberos le pedira a la persona ('172 lloraa) del nacimiento. El lxb� deLv ser que entregue al bek� que Ilene un entregado a Lill ampleado dc cualquier cuestionario con la finaliclad dc r,(abar bo�piud o cuartel de bornbcros del Conclado anteccdentes m6dicos itnportante.�, que de Los �'�Ligdcs. Sicnipic que ol 6�b,' no rQsultan, de grall Litilidad para cuidar bien prejente si&nos de abuso o neglig�mcia, no (let L-b�, El C[106013ariO indUYT Llnsobr,� smi necesario surninktrar nombres ni con at scllo postal pagado para criviarlo en informaci6n a1guna- Si el padre/madis otro momento. cambia de opini6n postenomente ly desca N(Uperar asu lx-b�, 6 trabujadores jQu6 pasard con ell bebd? atilimi-An hamletes para poder -vincularlos. 11 heb6 serd examinado v le brindarin Et Lwb� flevard Lin biazatcte y d atenci6n medica. Cuando Ic elm el alra &I padrchnad(c o el adulto que to entieguc bospital, los tralsajadores sociales recibini Lin brazalete igUal. inruediatamentc ubical-An at bebc an un bo&ar seguro donde estard bien alandido, y jQu6 pasa s! el padre/madre se coman7ani d proceso de adopcj6n. desea recuperar a su bebV Los padres que cambien de opinirin IQud pasar4i con ell padre/madre pueden comenzar a[ proceso de reclamar a o adulto que entregue al bebd? su rccih nacido dmuc, do Jos 14 dies. Una vez que los padres o adulto hayan Estes padres deberdri llarnar at entrcgado al beb�4 ,it personal del hospital o Departarnento de Strvicios para Nifios y cuartel de bomberos, pueden irse an Famitias (Department of Cbildren and cualquier monicirto. Family Services) del Condado de Los Angeles at 1-800-540-4000. jPor quo se estS haciendo esto en California? ? IS& Ios padres podr6n Illevar la finalidad de la Ley de Entrega de Beb6s al recidn nacido? sin Peligro es proteger a los beb,,,s pars. que No. Si bien en ka mayora cle, los casos no sean abandonados, lastimados o son los padres Jos qLc flevan at bcb�., ]a mucrtos por SLIS padres, Usted to), permice qLIC otras personas lo hagan probablamentc haya escuchado Iiitorias si tienest mstofka legal. tnigicas sobre beb,-s abandonados en bisurems o eta bafios pdblicos. Los padres ILos padres o el adulto qua de esos laeb�s probablemente hay -an estacto entrega all beb6 deben Ilamar pasando por dificuttades emocionales antes de Illevar all bebV grave& Las madres pre�den haber ocultado No. El pactrelmadre o adulto puede llovar su embarazo, por temor a to que pasaria si at bk� an cualquier momento, las 24 SLIS filinilias se enteraran. Abanclonaron a horas del dia, Jos 7 dias do la semana, sus bebe� porque terrian iniedo v no tonfan siempre v cuando entreguen a su beb� a tin nadie a quien pedir avrida. El abandono emploado del hospital 0 CLIariel do & LID reci,"n nacido es flegal y pone at beb6 bornberos. en una situaci6n de peligro extremo, NILLY a menudo el abandono provoca la muerte del beb�. la Ley de Entrega de Bela6s sin Peligro im picle que VUelva a suceder esta tragedia en California. nacido saludable a las enfiermeras del -1 3 _M 11 M1 Company Name: City of Baldwin Park Company Address, 14403 E. Pacific Avenue, Baldwin Park, CA 91706 City: Baldwin Park State'. CA Zip Code- 91706 Telephone Number'. (626)813-5201 Email address: miozano@baldwinpark.com Solicitation/Contract for Cities Homeless Plans Implementatio Services PROPOSER/CONTRACTOR CERTIFICATION The Los Angeles County Board of Supervisors approved a Fair Chance Employment Policy in an effort to remove job barriers for individuals with criminal records. The policy requires businesses that contract with the County to comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History (California Government Code Section 12952), effective January 1, 2018. Proposer/Contractor acknowledges and certifies compliance with fair chance employment hiring practices set forth in California Government Code Section 12952 and agrees that propose r/contractor and staff performing work under the Contract will be in compliance. Proposer/Contractor further acknowledges that noncompliance with fair chance employment practices set forth in California Government Code Section 12952 may result in rejection of any proposal, or termination of any resultant Contract, at the sole judgment of the County. MEW�l to be considered complete. City reserves: the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of Bidder's qualifications and past work history with the City, The Bidder's attention is especially called to the following forms, which must be executed in full as requi�red- a) PROPOSAL - BID SCHEDULE (If applicable) The unit prices bid must be shown in the space provided. The total bid price must be shown in the space provided, Initial: --2— Date: March 25, 2021 b) PROPOSAL SIGNATURE SHEET To be filled in and signed by the Bidder. Initial, —4-- Date: March 25, 2021 2. BID SECURITY ACCOMPANYING BID The bid bond is to be executed by the Bidder and the surety company unless bid is accompanied by cash or certified check. The amount of this bond shall be not less than ten percent (10%) of the total amount bid and may be shown in dollars or on a percentage basis. Initi* Date., March 25, 2021 3. NON -COLLUSION DECLARATION A Non -Collusion Declaration must be filled out, signed, and submitted with the bid proposal for the bid documents to be considered complete, Initiat —I/-- Date: March 25, 2021 4 EXPERIENCE / QUALIFICATIONS A statement of the Bidder's Experience & Qualifications must be filled out, signed, and submitted with the bid proposal for the bid documents to be considered complete. Initial:— 4— Date: March 25, 2021 5� DESIGNATION OF SUBCONTRACTORS A Designation of Subcontractors must be filled out and submitted with the bid proposal for the bid documents to be considered complete. Initial Date- March 25, 2021 Phase k Rehabilitation of the Budget Inn Project Page 21 6. INSURANCE The insurance requirements for this project have been read and understood. Initial: Date- March 25, 2021 7. SITE VISIT (mandatory) The Bidder certifies that it has toured the project site and is familiar with the work involved. Date, March 25, 2021 8. PERFORMANCE, PAYMENT, and MAINTENANCE BONDS The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Contract amount will be required. A payment bond equaling one hundred percent (100%) of the Contract amount will also be required. The Bidder must acquire a maintenance or warranty bond in the amount of ten percent (10%) of the final Project contract amount and guaranty the project work against defects in materials, equipment, workmanship, or needed repair for one (1) year from the City's acceptance of the project work, Initial:- A Date: March 25, 2021 9. WORK SCHEDULE The City makes no guarantee as to the method of work chosen by the Bidder. It is the Bidder's responsibility to plan and schedule the work in order to complete the work in the time specified in the Special Provisions. Initial: Date: March 25, 2021 10. ADDENDA The Bidder acknowledges that it must sign and attach any applicable addenda to the bid proposal. Initial: Date� March 25, 2021 11. WORKERS COMPENSATION The Bidder acknowledgment that Worker's Compensation Insurance will be required for this project. Initial:_.__ �V Date: March 25, 2021_ 12. ALL FEDERAL FORMS The Bidder acknowledgment that Federal Labor Standards Provisions will be required for this project. Initial:-- ��A Phase 1: Rehabilitation of the Budget Inn Project Page 22 Proposal to- City of El Monte, Community and Economic Development Department c/o Office of the City Clerk El Monte City Hall - East 11333 Valley Boulevard, El Monte, California 91731 rurnis Per ah necessaF775-1557, tooT-- equipment, and other means of construction to perform the work required for t completion of the project entitled "Phase I- Rehabilitation of the Budget Inn Projec in accordance with the initent of all plans, specifications, and addenda issued by the Ci of Ef Monte. Bidder has read the accompanying instructions to Bidders, has carefully examined the location(s) of the proposed work, and has examined all Contract Documents, drawings and addenda issued by the City and will contract with the City to construct the project, complete and in satisfactory condition. payment therefore the price indicated on the Bid Schedule. The terms "working days" or ii work days" means any day of the week,, excluding Saturday, Sunday and any federally observed holiday, Company Name: OakWest Services, Inc. Bidder's Name (Printed): Juan Pintor, Jr. Bidder's Title- President Bidder's Signature:_ Date: March 25, 2021 Address: P.O� Box 11325, Santa Ana, CA 92711 or 1156 N. Fountain Way Suite F� Anaheim, CA 928;06 Phone Number: �714)658-2321 Contractor's License Number: 989015 Classification- A, B� C-27 Expiration Date: 12/31/2021 Phase 1* Rehabilitation of the Budget Inn Project Page 23 NOW, THEREFORE, a!) If the Bid is rejected, or in the alternativei, b) If the Bid is accepted and the Principal shall sign and deliver a Contract, in the form of `1 Contract attached hereto (all completed in accordance with said Bid and Contract), and sh in all other respects perform the agreement created by the acceptance of said Bid; Then, this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated. IN WITNESS THEREOF, the above -bounded parties have executed this instrument under their several seals this 23rd day of March , 2021 , the name and corporate seal of each corporate party being hereto affixed and duly signed by its undersigned representative, pursuant to authority of its governing body. Mr (Addres L p -A- Z= Affix (Indi'vidual Principj�_ Z L 6 A.,,- L 0 01 (Business Address) Oakwest Services, Inc. (Co o te Princi �p t (86siness Bond No, CMGBOOOIO160 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, 1.1, 60606 United States Postal Service: P.O. Box 469011., San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALI, MEN BY THESE PRESENTS: That the Argonaut insurance Cornpiny, a Corporation duly organized and existing under the ]a -,Ns ofthe State of1flincus mid having its ptincipal office in the County of Cook, I Ifinois does hereby nominate, constitute and appoinu Their true and lawful agent(s) and attorney(s)-m-fact. each in their separate capacity if more than one is named aboveto inike, execute, seal and deliver for and on its behalf as surety, and as its act and deed any mid all bonds, contracts, agreernents of indemnity and other undertakings in suretyship provided, however, that the penal surn of any one such instrument executed hereunder shall not exceed the surn of: , IiLqmmam 'Fill$ Power of Attorney is granted in(] is signed and scaled Linder and by the authc6ty of the following Resolution adopted by the Board ofDiTecLors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute poNvers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys nanned in the given,power ofattorney, to execute in behalf'of, and acknowledge as the act and deed of the Argonaut Insurturre Company, all bond undertakings and contracts Of Suretyship, and to offs the corporate sea] thereto." IN WFFN`FSS WHEREOF, Argonaut Insurance Comparly has caused authorized officer an the Sth day of May, 2017. STATE OF TEX AS COUNTY OF HARRIS SS: D be hereunto affixed and these presents to be signed by its duty Argonaut Insurance Company UR -C by: Joshua C. Betz, Senior Vice President On this Sth day ofVlay� 2017 A.D., before me, a Notary Pub7ic of the State of Texas, in and for the County of Harris. duly cornmissioned and qualified, came FHE ABOVE OFFICER OF TTIE COMPANY, to me personally known to be the individual and officer described in, and wbo executed the preceding instrument, and lie acknowledged the execution of sairie, and being by me duly sworn, deposed and said that he is the officer ofthe said Company aforesaid, and that Elie sealaffixed to the preceding, instrument is the Corporate Seal of said Company, and tire said Corporate Seat and his signatureas officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of'Directors ofsaid Company, referred to in the preceding instrument is now in force. IN TESTIMONTY WHEREOF, I have hereunto set my hand, and affixed rny Official Seal at the County of Harris, the day and year first above written. 4y) - N otaty Public) 1, the undersigned Officer of the Argonaut insuranceConmany, Illition; Corporation, do hereby certify that the original POWER OF ATTORNEY clEwhich, the foregoing is a full, true and cor-rect copy is still in full force and effect and has not been revokcxl� IN WITNESS WHEREOF, I have hereunto set my hand, and affixed fire Sea] of said Company, on the_ 23rd dayof March ---.2021 . Jarnes Bluzard Vice President -Surety IF VOU HAVE QUESTIONS ON AUTHENTICITY OFTHIS DOCUMENT CALL (833) 820 - 9137. CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A nozwV oudic or other officiv compkting this cetificate venlies ody the identay of ine �ndivAuaj wvpu ��iwled trip docurrant to w1reh ths cenificale, is aftarried, and rial "he Truthfulness a0cwalcy, 04- validity of that do::umenl, State of Catiforria County of Los Angeles On _____JdAR_2L3_2D2j_ before me, Lucas Malc6rn-Shane Patterson, Notary PubkC Date Here Ins6irt Name and Title of the Officer personally appeared Gabriella G2LY- Narre�s) of Signer(s) who proved to me on the basis of satisfaciory evidenGe to be Ine person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in aimads== L% HE I certify under PENALTY OF PERJURY under the laws of the State of CakornTa that the foregoing paragraph is true and correct. i LCAS MA� M 7,4W -_A'TFFtSDN WITNESS rny hand and off icital 4 Signature Signature of Notary iblic "The notary commission is extended pursuant to Executive Order N-63-20 and Executive Order N-71-20" Place Notary Seia� Above _ OPTIONAL Though this section is optional, completing this information can deter atteration 01 the docurr or ' ot 'Uc merit, fraudulent reattachment of this forin to an unintended document, �c Description of Attached Document Wc ro Title or Type of Documcnt� ------ -- - -- Docu ate� Ntifnher of Pages: — Signer(s) Qlher Than Narned Ab, Capat4(ies) Claimed by Signerls) Signer's Narne.� � I Corporate OffiLef — Title(sy 1 Gene Partner — Limited Indi vidual Attt act Trustee rdian or Conservat Ot�er Signer's Narne: Corporate Officer — Tdle(s)�� Partner — Limited , Gen" Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing� X, X'KX,',V 0120�4 Natiorat Notary Association - www.NationaiNot.ary.org - 1 -800 -US NOTARY 0-800-876-6827j ltem#5907 CIVIL CODE § 1189 State of california county of )v before me, � 'L q j 'L 0 L -- Name and Title of tric, office, on q -,L0 Date personally appe8red Wc-jnle(s) of Signer(5) me(s) is/are subscribed -ie persou(s) whose na - ------- sis of sansfactorY evidence to be tl lher/their w1jo proved to ule on the ba, to roe that he/sheithey executed 'the same in his to tne within instrument and acknowledged ture(s) on the instrument the person(s), or the entitY anthori7ed capac�ty(les), and that by his/her/their signa Upon behalf of which the person(s) acted, executed the instrument, t certify under PENALTY OF PERJURY under the lavvs Of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and officiat seat� Signature lic --�Jrj/ ure of Motory Public Si not PIcjce Notory Seal and/or Star7jp Above OPTIONAL urrient of' Coulpleting this inforinotion can deter cilteration of the doc frouduler7t reattachment of this form to on unintended document Description 0j Attached Document Title or Type of Document: -� Document D81e� Signer(s) Other Than Narned Above: Capac,ity(ites) Claimed by Signer(s) Signer's Name'� it 's y (,e N an e C 0 Corporate Officer - Trtle(s): I 0 partner - c Limlted 0 eral n Attorney in Fact I I ci Individual L t o Guard�cln or Conservator o T ustee ru 0 owier. Signe Zepresent�ng'l - ,�,�,2019 National Notary Assoc�at�on ijrnber of Pages', ---� Signer's Name' Ei Corporate Officer - Title(s): o Partner - o Lir-nited [i General ci lndividua� Ei Attorney in Fact Ei Trustee o Guardian or ConservatU Li Other: Signer is Represent�ng� -� -------- WIDDOME In= am the President of OakWest Servicesi Iny.the party making the foregoing bid - A, , � s-� C Bidder's Name (Printed): Juan P, Bidder's Signature, (Sam ure as on Proposal) Bidders Title: Phase 1: Rehabilitation of the Budget Inn Project Page 42 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 State of California COUnty of 0 n —M b ef a r e rn e, Date Her- Insert Name ond Title of the officer personally V) k" .1ppeared Nomef��) of Signer(s) who proved to rne on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wlthin instrument and acknowledged to me that hefshe/they executed the sarne in his/her/their authorized capacity(ie-5), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s� acted, executed the instrument, Place Notanl Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature Signature of Notary Public Completing this informotiou can deter alteration of the docoment or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Abovei capacity(iies) Claimed by Signer(s) Signer's Narne� Signer's Name: Ej Corporate Officer — Title(s): E3 Corporate Officer — Title(s): Ei Partner — D Limited Ei General Ei Partner — El Lirn�tecl Ei General D Individual o Attorney in Fact D Individual 0 Attorney in Fact D Trustee, o Guardian or Conservator D Trustee o Guardian or Conservator ri Other: D Other� Signer is Representing: Signer is Representing� ,,�',2019 National Notary Association , . 0 , 07HONY *Z)AM, P� 4—i O�, P'. Ion t. jjC4 69 My Com� r, E;Klb�,es Feb 17, 2025 Place Notanl Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature Signature of Notary Public Completing this informotiou can deter alteration of the docoment or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Abovei capacity(iies) Claimed by Signer(s) Signer's Narne� Signer's Name: Ej Corporate Officer — Title(s): E3 Corporate Officer — Title(s): Ei Partner — D Limited Ei General Ei Partner — El Lirn�tecl Ei General D Individual o Attorney in Fact D Individual 0 Attorney in Fact D Trustee, o Guardian or Conservator D Trustee o Guardian or Conservator ri Other: D Other� Signer is Representing: Signer is Representing� ,,�',2019 National Notary Association The Bidder has been engaged in the contracting business under the present business name for 8 years, Experience in work of a nature similar to that covered in the proposal extends over a period of 8 years. The Bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to it, except as follows: The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made: OwnedAgency for Whom Year Type of Work Contract Amount Work was Performed 2019 Built Recreation Center, Utility Room $4.8 Million Harridge Development Group 2018 Modification to Bldg. & Built Patio Str. $80,000 City of Rancho Santa Margarita 2018 Renovation $1 � 8 Million ,LF �ngineering The following is a list of plant and equipment owned by the Bidder, which is available for use on the proposed work as required. Qua ntity Name, Type and Capacity Conditioz Bidder's Signature:— Biddees Title, President Date: March 25, 2021 Excellent Phase 1: Rehabilitation of the Budget Inn Project Page 11 Cat Mini Excavator at kid Steer Cat Track Steer Kubota Dodge DuElp Truck Rotor Hammers 1 _Qlywall KMvpg_ 2 Skill Saws 2 Chop Saws Bidder's Signature:— Biddees Title, President Date: March 25, 2021 Excellent Phase 1: Rehabilitation of the Budget Inn Project Page 11 IE M ftvm�� I Total for Room 220 RM Lobby/Front Desk: Modify front desk area to comply with AUA wt. oof $!��window Downstairs office - convert to employee breakroom: - - - - - - - - - - - Remove restroom and expand office to comply with ADA Add sink and cabinetry Repair/install electrical outlets to accommodate microwave and refrigerato i n oor to 45'. rated dc Replace flooring with commercial flooring (food prep room) and waterproof laminate, install sink in food prep room, install! new v sl PIVL-S with laminate shelvin and 4 doors Remove existing shelving against the wall and replace with stainless steel storageshelves, no doiors, wire racks 4,500,00 underneath Install outlets (NEMA 5-15P Plug) for three (3) 23 Cubic feet commercial refrigerators� Depth 29.5" Height 78.38" and Wide 27". Make and model, True T -23 -HC." 115V/6oHz/lPh (Catering Room) Re ai electrical IMIMMIF 0 1 -- . I Repair ceiling Upstairs Office S 'I L ql��IIMJ on the west wall that EN Total for Office Manj�gS_L_ 0 11JEW ui u u 'T Ac Cj 0 w CA c: Z too cm m 0 �: co c rj c u E Z CL x w Q 02 a, V) E co -0 tr -0 -0 CM CO C C; Z cc C; 0— M = I t� E CL Q— c —CT 0 0 0 6 'D § q) E —r-, 7) Or 0 a) 'r! F X L- V) p I 'i - L 11-0— -Fz 0 00 r� C Cf) 0 0 0 E a) -U E cm 6 2 W 11 L) 46 0 ,;JA ,.a 0 LU cr. < > 0 5 C 0 0 0) cz < CO I- C) U CO > 0 CF) CY) (D .0 M 00 0 Q U 13 I I 7� 2 2)75 0 z I ,v Betty Donavanik Community and Economic 777P CITY OF EL MONTE Development Director COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT To � Prospective Bidders Date: 3/23/2021 Subjecti Phase I., Rehabilitation of the Budget inn Project —Addendum #1 10038 Valley Boulevard The following modifications are hereby made a part of the Notice Inviting Bid (NIB) and supersede, replace, andlor amend the provisions included in the original NIB. Bid Schedule The entire bid schedule starting on page 25 is being replaced in its entirety with the revised bid schedule (attached). 2399MM iiiii Ili - - 0 # 0 mfllll�' !1AMM-1111.0 I . Answer: The project must be in compliance with all ADA regulations. No CASP Report to be included in the scope. Section 2: Scope of Work states that the contractor will be responsible for identifying four (4) rooms to meet ADA compliance. Three (3) of the rooms wil I be designated for tenant occupancy and one (1) room will be utilized for case management (PDF Page 69). Additionally, the front lobby shall be ADA compliant; the new bathroom in the downstairs office shall be ADA compliant; and the downstairs office/breakroom expansion shall be ADA compliant. 3. Will structural issues in the garage be addressed prior to this, Job starting? It is not included in the scope document. Answer: The scope of work to be conducted was included in revised BID Schedule. Garage wil'I Answer: There is no "Buy American" requirement for the federal Community Development Block Grant Program (CDBG). W SWI "in the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay." Liquiciatea aamages as proTile I e 0 ref One Thousand Dollars ($1,000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the General Conditions. V j W, �# 11711�M� �1 1109 M111111,51 7. When does the 50 (day) clock officially start? When a notice to proceed is given or once materials have been secured? Bidder's Certificate: This Certificate must be signed and returned together with the Bid Proposal, otherwise, the Bid submitted shall be considered incompiletei. I ACKNOWLEDGE RECEIPT --ull: TTI # 1 AITD I A' CONDITIONS. DATE:— March 23, 2021 COMPANY: OakWest Servi s, Inc. SIGNATURE: :7!:� TITLE: Juan Pintor Jr., Progident Op", Betty Donavanik Community and Econornic Development Director CITY OF EL MONTE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT Subject: Phase I- Rehabilitation of the Budget Inn Project –Addenclum #2 10038 Valley Boulevard The following modifications ore hereby mode a part of the Notice Inviting Bid (NIB) and supersede, replace, andlor amend the provisions included in the original NIB. liffill ill! i ill iiiiiiiiiiiii !mum Proposals will only be received electronically via Planet Bids or via mail. Mailed proposals shall be mailed directly to the City Clerk's Office. No drop offs will be accepted. Proposals will be received until Thursday, March 25, 2021 at 10:00 a.m.. mm Proposals will be received electronically via Planet Bids, via mail or dropped off in person, Mailed and drop off proposals shall be directly to the City Clerk's Office. Proposals will be received until Thursday, March 25, 2021 at 5:0 L. 0_01 P _�m I ACKNOWLEDGE RECEIPT OF TAIS 1111MIJE1110 1,11i At tj�jjll�llli` I'' E CONDITIONS. DATE: March 24, 2021 COMPANY: OakWest Services-12c.— SIGNATURE: TITLE' Jgan,Pintor Jr., Preslident WERSITE�' �A�W,�L U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A OMB Approva� Number 2501-0011 REPORT OF ADDITIONAL CLASSIFICATION AND RATE pp. 0913012006) 1-. F-RO M (name and address of requesting agency) 2. PROJECT NAME AND NUMBER OakWest Serv�ce& Inc. Phase 1: Rehabilitation of the Budget Inn Project P,O. Box 11325 Anaheim, CA 92711 31-1-DiCKTION OF PROJECT (City, county and State) El Monte, Los Angeles, California 4. BRIEF DESCRIPTION OF PROJECT CHARACTER OF CONSTRUCTION Renovation of Rooms ED Building El Residential E] Heavy El Other (specify) Highway 6. WAGE DECISION NO. (include modification number, if any) 7. WAGE DECISION EFFECTIVE DATE COPY ATTACHED WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) 9. PRIME CONTRACTOR (name, address) --i—O. S067CONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) OakWest Services, Inc Check All Thal:'Appl� EJ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. The proposed classification is utilized in the area by the construction industry. The proposed wage rate(s), including any bone fide fringe benefits, bears a reasonable relationship to the wage rates contained in the J4 wage decision. The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). Supporting documentation attached, including applicable wage decision. Check One:�' El Approved, meets all criteria. DOL confirmation requested. El One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY L LR2000: '7 ia D to Agenc ve Log in: (Typed name and signature) 13 Log ouC Phone Niim--bii— I m I I I I I I 77 7 D w 01) —r - co p <D () E — c 4) r- 0 0 75 5 s CD 0 CC 6E M.S 0 2 -0 Ec o —M NT cco>> 00 0i r= CC co U-) CL Cl) CD E co 00 .0 = � C.) (D co cc CD LU S 00 I I I I a umn I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for 'Iyamtrl-bm#fqt� vc=i* pr# V�D�- #4 that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Max&25 2021 Project Number: Project Name: Phase 1 � Rehabilitation of the Budget Inn Project Company Name, OakWe-st Serv�ces, Inc, Address: P.O. Box 11325, Santa Ana, CA 92711 ��rint-flame- km ME 7 1111 .......... "1 11,111, 21 Nn �M The federally-assisteid construction contractor certifies that he/she DOES NOT and WILL NOT: Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments, 2. Permit his/her employees to perform their services at any location, under his/her control� where segregated facilities are maintained. by explicit directive or are in tact segregalea on T, e oasis UT We, GreU*1,UWW W-1 HU", of habit, local custom, or otherwise, T'l m -PUL -VT I pd-593N�&' from proposed subcontractors for specific time periods) he/she will obtain Identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for miaking false statements in offers is prescribed in 18 U.S.C. 1001. Date. March 25, 2021 Company: OakWest Services, Inc. 0 Title� Juan Pintor Jr., President 54" roject Number, CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR LHr,-- F U1 OPC NITY CLAUSE AN* 'Al A #ate: 3/25/2021 Project Number: ContractAward: $_ Awarding Agency: -City of El Monte Contractor Name- OakWest Services, Inc. Total Number of Employees� 37, FLUMMIMAO.M.". �2. � a M Title- Juan Pinto WITS aw ;lTk "#al 6 V� a $#I are exempt). Mr A coniraciR 2110 specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. -man 4 MAMIL TO : (Name of Labor Union, Workers Ropresentabve, etc. (Address) Name of Business (Contractor)' OakWest Services, Inc. Project Name: Phase 1 � Rehabilitatjo� of the Project Number, The Undersigned currently holds a contract with I involving funds of the U, S. Government, or a subcontract with a prime contractor holding such contract. iwdmo a,, AM"* 4 11 W Ili& W- wfln =Xec"All re "WF (Jul I 1 /-140, U 10-9,1 Imul SI&rre-U-rti-VRqff&a10F IF or applicant for employment because of race, color, religion, sex or national origin. This obligati not to discriminate in employment includes, but is not limited to the ol ow I I � Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 31. Treatment during employment', 4. Rates of pay or other forms of compensation; 5, Selection for training, including apprenticeship; and 6. Layoff or termination, This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in! conspicuous places available to employees or applicants for employment. Juan Pintor, Jr. By- (Sianature) (Print Name) sia--'o 2331=12 M= RAT-st-I President 111 1 1111 .......... Will', County of Orange — ) S& juan Pintor, Jr. being first duly sworn, deposes and says that, he or she is President of Oakwest 8ervices, Inc. the party making the foregoing i bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, comparrm the bidder hac anyone s communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix a -#wwilmsp d rofit or cost element of the bid Axice or of that of &n�7, other bidder, or to secure any advantage again the public body awarding the contract of anyone interested in the proposed contract; that all statements contain in the bid are true, and, further, that the bidder has not, directly or Indirectly, submitted his or her bid price or a breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will n pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any memb or agent thereof to e0ktuate a collusive or sham bid." 11;�11;;Irl iiiiiiiiiiii mj��!Mqvml- M-0 Pintor, Jr., President This day of AA C -VC, V, - -- --- - - - , 20-ki— Is/ Notary Public: Anho-1 M'W�J__ Address: P.O� Box 11325, Santa Ania State- California _ Zip Code: __22711 Telephone Number: ( 714 ) 658-2321 Department of Housing and Urban Development and the Community Development Commission, County of Los Angeles. No Federal appropriated funds have been paid by or on behalf of the above named firm to a person for influencing or attempting to influence an officeror employee of any agency, a ern er Congress, an officer or employee of Congress, or an employee of a Member of Congress i connection with the awarding of any Federal contract, the making of and Federal grant, loan cooperative agreement, and any extension, continuation, renewal, amendment, or modificati thereof, and, I this coo"attive ay, - the above named firm shall complete arld ,reement, submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its IMEEM= 3) The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracU, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. OakWest Services, Inc. (Contwwr/Sub000tractor) March 25, 2021 (Date) By: Juan Pintor Jr., President (Title) WIAG��IIIMIWIIM' MIN TO: (Name of Labor Union, Workers Representabve, etc. (Address) Name of Business (Contractor): OakWest Services, Inc. Phase 1: Rehabilitation of the Budget Inn Project Name: Project Project Number: The Undersigned currently holds a contract With involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development *r a subcontract with a prime contractor holding such contract. lot= Regarding employment opportunities for Section 3, the minimum number and job titles are: Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood In Which the project is located. The anticipated date the work will begin is, May, 2021 —. For additional information, you may contact Dar New at L951---) 264-4406 on ct ame This, notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or a plicants for employment. Juan Pintor Jr., By., (Print Name) 45��'z (Signaftire) 311�1�11 MM HIM Business Name, CiakWest Servic "0 a -�111' NW, 1-1- �-- 11-- 11111111111111 1. The above mentioned business firm is a Section 3 business concern based on the following qualifications, 51-percen,t owned by Section 3 Residents (Submit Resident Certifications with this business certification form) El At least 30 -percent Permanent, full-time employees are Section 3 Residents Total Number of all full-time employees �5: , Number of Section 3 qualified Employees 2 5— (Submit the Resident Certification form(s) with this Business Certification form) 2. The above mentioned business firm is not a Section 3 business concern, but commits to the Section 3 goak THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT March 25, 2021 — incipal Date 9� ure of —Ownerprinelpal OakWest Services Inc, Business Name License Number To Be Completed by Local Contracting Agency Preference Category: oTargeted Service Area oYouthbuild 00ther - Census Tract Number'. W 2019-20 INCOME CERTIFICATION Address: r �Yiok - - Akc� cs3al��( �97- Rill AM, RIT.111 11MI1,171111 1112MRIWIRMSIM, A low4ncome resident of the metropolitan area of Los AngefaslOrange County, based on the following- Qqck /Family Size and the gross annual -/Income from all sources below; FAMILY SIZE INCOME LIMITS 1 $21 R50 or less El $21,951 to $36,550 EJ $36,551 to $58,450 [1 $58,451 or more D 2 $25,050 or less El $25j051 to $41,800 0 $41,801 to $66,800 0 $66,801 or more 0 3 [1 $28,200 or less El $28201 to $47.000 0 Woolto$751160 El $75,151 or more 4,0" $31.300 or less El $31 j301 to $52,200 1W $52,201 td $83500 0 $83,501 or more 5 D OUR or less El $3051 to $66A00 El $56,401 to $90,200 0 $90,201 or more 0 6 0 $H�350 or less E] $36,351 to $60,600 El $%601 to $96,900 [j $96,901 Or MOM [3 7 0 $39,010 or less El $39,011 to $64,750 E3 $64,751 to $10315W El $103.551 or more 0 a 0 $43,430 or less E3 $43.431 to $KM U $68i961 to $110,250 0 $110,251 or more [] I I I I � I I I I i I I i i I ! i � !I I I I I � � ! i !I � I � IF I I i I I I Certified by signature below, under penalty of pequry under the laws of the State of Calitbrnia; that the foregoing is true and correct. & AmAl Ltmj-- 'i k66"t March -2-52021 Pfint Fuff Nifte 011 SVwture Date � "I I , I r A I "1 1 41, ano" The above-named person is; Elan applicant &i I , permanent full-time Ej a new -hire employee I Date of hire; _ [3WA This person' Business Name 4AW-911 -4 NamaofLCA Praied name P*ct Number Income Level: [3Extramejy Low [I Very Low [I LOW Over the qualffying income limit DNot income qualified for the foRowing reason(s): Preference Category: ElTargeted Service Area — Provide Census Tract and Block Group DYouth Build Program [IMcf(inney Homeless Program [:]Other qualified Program: Ptint Name of Seoflon 3 CoonJihatar Signature Date *#Jj� 1. Name and Address of Reporting Entity 2. Federal identification: (Contract/Award No.) 3, Dollar Amount of Award, (Recipient, Sub -recipient, Contractor, Subcontractor) 45-4011728 OakWest Services, Inc. 4� Contact Person: 5. Phone: (include Area Code) P.0, Box 11325 Juan Pintor Jr. (714)658-2321 Santa Ana, CA 92711 7. Date Report Submitted 8, Program Code: (Use a separate sheet for each Program Code) Program Codes 1i Flexible Subsidy 2. Section 202J811 3, PubliclIndian Housing Development Operation and Modernization 4. Homeless Assistance S. HOME & HOME - State Administered T CDSG — Entitlement 8, CDBG � State Administered 9�, Other CD Programs I& Other Housing Programs TO - (Name of Labor Union, Workers Representafive, etc (Address) Name of Business (Contractor): OakWest Services, Inc. Project Name- Phase I i Rehabilitation of the Budget ID2 Prjo. Project Number, The Undersigned currently holds a contract with the City of El Monte , involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. �� in 2cioidance "i 00-A"Aw" Win E—MUDDITwitual I I Zf+U, LI 10 19A VTD�Jblyl or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1 , Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation, 5. Selection for training, including apprenticeship, and 6. Layoff or termination. This, notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Juan Pintor, Jr. By: (PrintNarne) -ST. EM EM ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: July 21, 2021 SUBJECT: Approval to Amend and Extend Contract Agreement between 4 -J� the City of Baldwin Park and Los Angeles County- City Planning Grant Implementation of Cities (Baldwin Park, El Monte, South El Monte) Homeless Plans SUMMARY The purpose of this report is to seek approval to amend and extend contract agreement between the City of Baldwin Park and Los Angeles County- City Planning Grant Implementation of Cities (Cohort Baldwin Park, El Monte, and South El Monte) Homeless Plans from June 30, 2021 to December 31, 2021. RECOMMENDATION Staff recommends that the City Council: 1). Approve the Amendment No. 1 (one) contract agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, El Monte, and South El Monte) Homeless Plans; and 2). Authorize the Director of Recreation and Community Services to execute further documents and reporting. FISCAL IMPACT There is no fiscal impact to the City. BACKGROUND At their January 15, 2021, City Council approved the contract agreement between the City of Baldwin Park & Cohort Cities (El Monte, South El Monte) to implement the City Planning Grant Implementation Homeless Plans. As part of the grant awarded from the Los Angeles County Measure H funds, The City of Baldwin Park serves as the lead and point of contact for the County for financial transactions and performance reporting, and this contract agreement amendment one is an extension will allow for scope of work to continue until December 2021. On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi -jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the cities of Baldwin Park, El Monte and South El Monte (Cohort) have a combined homeless count of 775 individuals and family members. Since the completion of their homeless plans in 2018, the Cohort Cities have been working collectively to combat homelessness and agreed to formally partner to develop a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and 2) enhance the availability and access to homeless services to prevent and combat homelessness in the region. The Cohort, identified the city of Baldwin Park as lead agency and fiscal administrator for this multi -jurisdictional proposal. The proposed project is a result of discussions between cohort cities and each cohort city's goals and objectives as described below: Baldwin Park: Coordinate Local Efforts to Respond to Homelessness Help Prevent Individuals and Families from Becoming Homeless Connect Case Management and Services to the Coordinated Entry System Expand Access to Workforce Development Program to Increase Employment Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing El Monte: Better Understand the City's Homeless Population and Educate the Community Increase Engagement Activities and Links to Crisis Response System Expand Access to Workforce Development and Employment Programs Increase the Number of Shelter Beds Increase the Number of Affordable/Supportive Housing Units Participate in Regional Collaboration Opportunities South El Monte: Educate City Staff and the Community about Homelessness and Available Resources Increase Outreach and Engagement Activities Goal Expand Employment Opportunities in the City Create Shelter Options in the City Create New Affordable/Supportive Housing Options in the City Coordinate with Regional Partners on Homelessness Plan Implementation The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi -jurisdictional proposal with the Cities of El Monte and South El Monte and expand the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities at the multijurisdictional level: Priority Area 1: The Cohort will work together to immediately increase the supply of interim and permanent housing within its jurisdiction. The cohort will work with a consultant to implement an interim housing program, using motel vouchers and a rapid re -housing program. The Cohort will expand the number of motel partnerships available to provide interim housing at an affordable rate for the grant period. This approach will increase the availability of immediate shelter opportunities and build trust with clients to enhance connection to the Coordinated Entry System (CES). The following motels have been identified as potential partners for interim housing: Grand Park Inn, 13921 Francisquito Ave. Baldwin Park Motel 6, 14510 Garvey Ave. Baldwin Park Sierra Inn, 1171 Durfee Ave. South El Monte Ramada Inn, 1089 Santa Anita Ave. South El Monte Motel 6, 1228 N Durfee Ave, South El Monte Permanent Housing: The Cohort will also leverage services of the Baldwin Park Housing Authority, serving as the administrator of the Rapid Rehousing Program, and will ensure best practices are employed, and clients are quickly re -housed and stabilized. The Rapid Re -Housing funds will provide for a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including such activities as mediation, credit counseling, security or utility deposits, utility payments, moving cost assistance, and case management. To be eligible to rapid rehousing services, individuals or families must be homeless or at risk of becoming homeless and: 1) be at or below 50% of the Area Median Income; 2) have at least an initial consultation with housing navigator/coordinator to determine need; and 3) be in a housing circumstance that no appropriate subsequent housing options have been identified and the household lacks the financial resources and support networks needed to obtain immediate housing or remain in existing housing. Land Assessment: The Cohort will explore opportunities to identify vacant or underutilized public land for afford able/su pportive housing and evaluate how to utilize parcels of land and available funds resulting from the dissolution of the Redevelopment Agency for affordable/supportive housing Accessory Dwelling Unit (ADU) Ordinance Review: The Cohort will review their ADU ordinances to explore aligning Ordinances to maximize efforts to prevent and combat homelessness by providing incentives or fee waivers for ADUs used for homeless housing. The above referenced Priority Area 1 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies B3, E7, E8, F4, F6, and F7. Regional Housing Trust Fund: The City of Baldwin Park will also subcontract with the Cohort to support the creation of a Regional Housing Trust Fund, which will establish a source of funds to support the preservation and production of supportive, homeless, affordable and other manner of housing in the region. This project addresses HI strategy F7. Priority Area 2: The Cohort Cities will implement several integrated activities that comprise a services program to strengthen the continuum of care for the 775 people experiencing homelessness within their sub- region of the San Gabriel Valley. These activities will complement County and City service systems by enabling a selected contractor to hire a dedicated full-time Case Worker Coordinator to support Housing Navigation and other homeless service provider and city case management staff. Other proposed activities include launching a local homeless prevention/diversion program for individuals and/or families in need and establishing an Access Center to centralize homeless prevention activities. The cohort will also implement a landlord engagement and incentives program to increase housing units and stabilize clients. Additionally, the Cohort will establish a navigation center with available lockers and make available showers for people experiencing homelessness. To further support and stabilize individuals and families at risk of or experiencing homelessness, the Cohort will ensure connections to employment services and assistance, as appropriate. The above referenced Priority Area 2 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies Al, A5, B3, B4, C1, C2, C7, D5, E6, E7, and E8. Pricing Schedule -The contract sum of $698,400 for PA1 and PA2 activities to be paid by County of Los Angeles. The County will pay up to 1/4 of the total contract sum upon receipt of invoice and/or upon execution of the subcontracts necessary to perform contract services.The allocated amount of $376,420 for Regional Housing Trust Funds (RHTF) will be disbursed accordingly once operating budget has been established by City and approved by County, and official formation of RHTF. The County will pay $169,430 of the total allocated RHTF amount upon execution of the subcontracts to perform contract services. The remaining contract sum and RHTF amount shall be paid out based on reimbursable charges over the term of the agreement. ALTERNATIVES The alternative would to not sign the contract agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Number of Hours to, be woTked over the life of the cDntract (FTE) Hourly Rate Total Cost Not, To Exceed City Planner Associate Planner Mana eavent Analyst 9 Recrealibn and Community ServIces Director Housing Manager HousIng Specialist Sub-ContractfConsultant 0osts- Total Costs Not to Exceed Consuftant/Vendor HotelMotel Conversion ADU Ordinance Study GIS IV18pping for Land, Use I nt[usionary Zon[ng Scattered Site Housinq I NINE, 01, 1, 111 1 H 10111-:1M M-0 T L CONTRACT SUM ALTERNATIVES The alternative would to not sign the contract agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1). Attachment #1, Contract Agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, El Monte, South El Monte) Homeless Plans. 2). Attachment #2, Contract Agreement Amendment No. One between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, El Monte, South El Monte) Homeless Plans. Ir ik 11 1 . w CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE RECITALS..................................................................................................................... 1 1 APPLICABLE DOCUMENTS .............................................................................. 2 2 DEFINITIONS ....................................................................................................... 3 2.1 Standard Definitions .................................................................................. 3 3 WORK ................................................................................................................ 5 4 TERM OF CONTRACT ........................................................................................ 5 5 CONTRACT SUM ................................................................................................ 5 5.1 Total Contract Sum .................................................................................... 5 5.2 Written Approval for Reimbursement ......................................................... 5 5.3 Intentionally Omitted .................................................................................. 6 5.4 No Payment for Services Provided Following Expi ratio n -Term i nation ofContract ................................................................................................. 6 5.5 Invoices and Payments .............................................................................. 6 5.6 Default Method of Payment: Direct Deposit or Electronic Funds Transfer. 7 6 ADMINISTRATION OF CONTRACT- COUNTY .................................................. 8 6.1 County Administration ............................................................................... 8 6.2 County's Project Director ........................................................................... 8 6.3 County's Project Manager ......................................................................... 8 6.4 County's Contract Project Monitor ............................................................. 9 7 ADMINISTRATION OF CONTRACT -CONTRACTOR ......................................... 9 7.1 Contractor Administration .......................................................................... 9 7.2 Contractor's Project Manager .................................................................... 9 7.3 Approval of Contractor's Staff .................................................................... 9 7.4 Contractor's Staff Identification .................................................................. 9 7.5 Background and Security Investigations .................................................... 9 7.6 Confidentiality .......................................................................................... 10 8 STANDARD TERMS AND CONDITIONS .......................................................... 11 8.1 Amendments ............................................................................................ 11 8.2 Assignment and Delegation/Mergers or Acquisition's ............................... 12 8.3 Authorization Warranty ............................................................................ 13 8.4 Budget Reductions .................................................................................. 13 8.5 Complaints ............................................................................................... 14 Page i CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.6 Compliance with Applicable Law ............................................................. 14 8.7 Compliance with Civil Rights Laws .......................................................... 15 8.8 Compliance with the County's Jury Service Program .............................. 16 8.9 Conflict of Interest .................................................................................... 17 8.10 Intentionally Omitted ................................................................................ 18 8.11 Consideration of Hiring GAIN -GROW Participants .................................. 18 8.12 Contractor Responsibility and Debarment ............................................... 18 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law ............................................................................ 21 8.14 Contractor's Warranty of Adherence to County's Child Support Compliance Program ............................................................................... 21 8.15 County's Quality Assurance Plan ............................................................. 22 8.16 Damage to County Facilities, Buildings or Grounds ................................. 22 8.17 Employment Eligibility Verification ........................................................... 23 8.18 Facsimile Representations ....................................................................... 23 8.19 Fair Labor Standards ............................................................................... 23 8.20 Force Majeure .......................................................................................... 24 8.21 Governing Law, Jurisdiction, and Venue ................................................. 24 8.22 Independent Contractor Status ................................................................ 24 8.23 Indemnification ......................................................................................... 25 8.24 General Provisions for all Insurance Coverage ........................................ 25 8.25 Insurance Coverage ................................................................................ 30 8.26 Liquidated Damages ................................................................................ 32 8.27 Most Favored Public Entity ...................................................................... 33 8.28 Nondiscrimination and Affirmative Action ................................................ 33 8.29 Non Exclusivity ........................................................................................ 35 8.30 Notice of Delays ....................................................................................... 35 8.31 Notice of Disputes .................................................................................... 35 8.32 Notice to Employees Regarding the Federal Earned Income Credit ........ 35 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law ........ 35 8.34 Notices ..................................................................................................... 36 8.35 Prohibition Against Inducement or Persuasion ........................................ 36 8.36 Public Records Act .................................................................................. 36 Page ii CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.37 Publicity ................................................................................................... 37 8.38 Record Retention and Inspection -Audit Settlement ................................. 37 8.39 Recycled Bond Paper .............................................................................. 39 8.40 Subcontracting ......................................................................................... 39 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program .......................................... 40 8.42 Termination for Convenience ................................................................... 41 8.43 Termination for Default ............................................................................ 41 8.44 Termination for Improper Consideration .................................................. 43 8.45 Termination for Insolvency ....................................................................... 43 8.46 Termination for Non -Adherence of County Lobbyist Ordinance ............... 44 8.47 Termination for Non -Appropriation of Funds ............................................ 44 8.48 Validity ..................................................................................................... 45 8.49 Waiver ..................................................................................................... 45 8.50 Warranty Against Contingent Fees .......................................................... 45 8.51 Warranty of Compliance with County's Defaulted Property Tax ReductionProgram .................................................................................. 45 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program ............................. 46 8.53 Time off for Voting ................................................................................... 46 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking. 46 8.55 Compliance with Fair Chance Employment Practices ............................. 47 8.56 Compliance with the County Policy of Equity ........................................... 47 9 UNIQUE TERMS AND CONDITIONS ................................................................ 47 9.1 Contractor Protection of Electronic County Information ........................ 47 9.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA) ...... 48 SIGNATURES.............................................................................................................. 50 Page iii CONTRACT PROVISIONS TABLE OF CONTENTS STANDARD EXHIBITS A Statement of Work B Pricing Schedule C Contractor's EEO Certification D County's Administration E Contractor's Administration F Form(s) Required at the Time of Contract Execution G Jury Service Ordinance H Safely Surrendered Baby Law I Compliance with Fair Chance Employment Hiring Practices Certification Page iv CONTRACT BETWEEN COUNTY OF LOS ANGELES AND CITY OF BALDWIN PARK & COHORT FOR CITY PLANNING GRANTS — YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS This Contract is entered into this )0-4�day of /*/,,,c� 2020, by and between the County of Los Angeles (hereafter "County") and City of Baldwin Park & Cohort (hereafter referred to as "Contractor"), to provide County with homeless services. RECITALS WHEREAS, on September 4, 2018, the County Board of Supervisors delegated authority to the Chief Executive Officer to: 1) implement a solicitation process, in conjunction with United Way's Home for Good Funders Collaborative, in accordance with the Request for Proposal (RFP) Framework; and 2) negotiate, execute and if necessary, amend, reduce or terminate contracts with selected cities, following approval as to from by County Counsel; and WHEREAS, on September 4, 2018, the County Board of Supervisors allocated $9 million of Measure H funding; and $3 million of State Homeless Emergency Aid Programs funding to support successful implementation of components from Cities Homelessness Plans that enhance effectiveness of County service systems for those experiencing or at -risk of experiencing homelessness and are eligible for such funding under applicable rules; and WHEREAS, on May 7, 2019, the County Board of Supervisors was advised of Homeless Initiatives plan to execute contracts with cities to support implementation of their homelessness plans. The contracts will expire eighteen (18) months from the date of execution or at the end of February 2021, whichever is sooner; and WHEREAS, on. July 23, 2019, the Board of Supervisors waived County policy 5.015 for Measure H -funded contracts supporting the implementation of the cities' homelessness plans to permit cities to begin implementation of their homeless plans as soon as possible and authorized the CEO to reimburse each city up to one-quarter of the contract amount for allowable expenditures that are in line with contract requirements and incurred after the contract award notification, but prior to contract execution, so long as: 1) the tasks are consistent with the statement of work in the city's approved grant and contract; and, 2) the Implementation Homelessness Plan - CPG Y2 Page 1 AO -20-61 0 expenses comply with all terms and conditions of the contract, are reimbursed after execution of the contract, and are submitted for review and approval by CEO; and WHEREAS, the Los Angeles County, Homeless Initiative Unit and United Way, have reviewed the Contractor's proposal and approved providing $1,074,820 to the Contractor for Homeless Plan Implementation services; and WHEREAS, pursuant to Government Code section 26227, the County Board of Supervisors may appropriate and expend money to establish county programs or to fund other programs deemed to be necessary to meet the social needs of the population of the county. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree to the following: APPLICABLE DOCUMENTS Exhibits A, B, C, D, E, F, G, H, and 1, are attached to and form a part of this Contract. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise between the base Contract and the Exhibits, or between Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the terms and conditions of the Contract and then to the Exhibits according to the following priority. Standard Exhibits: 1.1 Exhibit A - Statement of Work 1.2 Exhibit B - Pricing Schedule 1.3 Exhibit C - Contractor's EEO Certification 1.4 Exhibit D - County's Administration 1.5 Exhibit E - Contractor's Administration 1.6 ExhibitFl- Forms Required at the Time of Contract Execution 1.7 Exhibit G - Jury Service Ordinance 1.8 Exhibit H - 1.9 Exhibit I - Implementation Homelessness Plan - CPG Y2 AO -20-61 0 Safely Surrendered Baby Law Compliance with Fair Chance Employment Practices Certification Page 2 This Contract constitutes the complete and exclusive statement of understanding between the parties, and supersedes all previous contracts, written and oral, and all communications between the parties relating to the subject matter of this Contract. No change to this Contract shall be valid unless prepared pursuant to Paragraph 8.1 (Amendments) and signed by both parties. 2 DEFINITIONS 2.1 Standard Definitions: 2.1.1 The headings herein contained are for convenience and reference only and are not intended to define the scope of any provision thereof. The following words as used herein shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used. 2.1.1.1 City Planning Grants: Year one funding was allocated by the County Board of Supervisors (Board) from Homeless Initiative Provisional Financing Uses (PFU) funds to support proposals that will result in a plan to prevent and combat homelessness for each city which receives a grant. To administer the grants, the Chief Executive Office partnered with the United Way Home for Good Funders Collaborative. Year two funding is being allocated by the Board from Measure H funds and Los Angeles Homeless Services Authority will provide State Homeless Emergency Aid Program Funds, to support the successful implementation of Cities Homeless Plans. 2.1.1.2 Contract: This agreement executed between County and Contractor. Included are all supplemental agreements amending or extending the service to be performed. The Contract sets forth the terms and conditions for the issuance and performance of all tasks, deliverables, services and other work 2.1.1.3 Contractor: The person or persons, sole proprietor, partnership, joint venture, corporation or other legal entity who has entered into an agreement with the County to perform or execute the work covered by this contract. 2.1.1.4 Statement of Work: The directions, provisions, and requirements provided herein and special provisions Implementation Homelessness Plan - CPG Y2 Page 3 AO -20-610 pertaining to the method, frequency, manner and place of performing the contract services. 2.1.1.5 Subcontract: An agreement by the contractor to employ a subcontractor to provide services to fulfill this contract. 2.1.1.6 Subcontractor: Any individual, person or persons, sole proprietor, firm, partnership, joint venture, corporation, or other legal entity furnishing supplies, services of any nature, equipment, and/or materials to contractor in furtherance of contractor's performance of this contract, at any tier, under oral or written agreement. 2.1.1.7 Board of Supervisors (Board): The Board of Supervisors of the County of Los Angeles acting as governing body. 2.1.1.8 County Project Manager: Person designated by County's Project Director to manage the operations under this contract. 2.1.1.9 County Contract Project Monitor: Person with responsibility to oversee the day to day activities of this contract. Responsibility for inspections of any and all tasks, deliverables, goods, services and other work provided by the contractor. 2.1.1.10 County Project Director: Person designated by County with authority for County on contractual or administrative matters relating to this contract that cannot be resolved by the County's Project Manager. 2.1.1.11 Day(s): Calendar day(s) unless otherwise specified. 2.1.1.12 Contractor Project Manager: The person designated by the Contractor to administer the Contract operations under this Contract 2.1.1.13 Fiscal Year: The twelve (12) month period beginning July 1st and ending, the following June 30th. 2.1.1.14 United Way Home for Good Funders Collaborative: a public-private partnership, which Implementation Homelessness Plan - CPG Y2 Page 4 AO -20-61 0 collaborates on solutions to end homelessness in Los Angeles County. 3 WORK 3.1 Pursuant to the provisions of this Contract, the Contractor shall fully perform, complete and deliver on time, all tasks, deliverables, services and other work as set forth in herein. 3.2 If the Contractor provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same shall be deemed to be a gratuitous effort on the part of the contractor, and the contractor shall have no claim whatsoever against the County. 4 TERM OF CONTRACT 4.1 The term of this Contract shall commence upon execution by the County's Chief Executive Officer and shall expire in eighteen (18) months, or on February 28, 2021, whichever is sooner, unless sooner terminated or extended, in whole or in part, as provided in this Contract. 5 CONTRACT SUM 5.1 Total Contract Sum 5.1.1 The Maximum Amount of this Contract shall be the amount set forth in Exhibit B (Pricing Schedule), for the term of this Contract as set forth Paragraph 4.0 - Term of Contract, above. Any costs incurred to complete this Contract more than the maximum not -to -exceed cost will be borne by the Contractor. 5.2 Written Approval for Reimbursement 5.2.1 The Contractor shall not be entitled to payment or reimbursement for any tasks or services performed, nor for any incidental or administrative expenses whatsoever incurred in or incidental to performance hereunder, except as specified herein. Assumption or takeo ' ver of any of the Contractor's duties, responsibilities, or - obligations, or performance of same by any person or entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other -mechanism, with or without consideration for any reason whatsoever, shall not occur except with the County's express prior written approval. Implementation Homelessness Plan - CPG Y2 Page 5 AO -20-61 0 5.3 Intentionally Omitted 5.4 No Payment for Services Provided Following Expiration - Termination of Contract 5.4.1 The Contractor shall have no claim against County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by the Contractor after the expiration or other termination of this Contract. Should the Contractor receive any such payment it shall immediately notify County and shall immediately repay all such funds to County. Payment by County for services rendered after expiration -termination of this Contract shall not constitute a waiver of County's right to recover such payment from the Contractor. This provision shall survive the expiration or other termination of this Contract. 5.5 Invoices and Payments 5.5.1 The Contractor shall invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in Exhibit A (Statement of Work) and elsewhere hereunder. The Contractor shall prepare invoices, which shall include the charges owed to the Contractor by the County under the terms of this Contract. The Contractor's payments shall be as provided in Exhibit B (Pricing Schedule) and the Contractor shall be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County. If the County does not approve work in writing no payment shall be due to the Contractor for that work. 5.5.2 The Contractor's invoices shall be priced in accordance with Exhibit B (Pricing Schedule). 5.5.3 The Contractor's invoices shall contain the information set forth in Exhibit A (Statement of Work) describing the tasks, deliverables, goods, services, work hours, and facility and/or other work for which payment is claimed. 5.5.4 All invoices under this Contract shall be addressed to the following and submitted electronically to the following email address: Homeless Initiative Unit Los Angeles County Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Implementation Homelessness Plan - CPG Y2 Page 6 AO -20-61 0 Los Angeles, CA 90012 hiadmin(cD-ceo.lacounty.gov 5.5.5 County Approval of Invoices All invoices submitted by the Contractor for payment must have the written approval of the County's Project Manager prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval. Approval for payment will not be unreasonably withheld. 5.6 Default Method of Payment: Direct Deposit or Electronic Funds Transfer 5.6.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/ contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor -Controller (A -C). 5.6.2 The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A -C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements. 5.6.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. 5.6.4 At any time during the duration of the agreement/contract, a Contractor may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A -C is not feasible and an alternative- is necessary. The A -C, in consultation with the contracting department(s), shall decide whether to approve exemption requests. Implementation Homelessness Plan - CPG Y2 Page 7 AO -20-61 0 6 ADMINISTRATION OF CONTRACT - COUNTY 6.1 County Administration 6.1.1 A listing of all County Administration referenced in the following subparagraphs are designated in Exhibit D (County's Administration). The County will notify the Contractor in writing of any change in the names or addresses shown. 6.2 County's Project Director 6.2.1 The role of the County's Project Director may include: 6.2.1.1 Coordinating with Contractor and ensuring Contractor's performance of the Contract; however, in no event shall Contractors obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby; and 6.2.1.2 Upon request of the Contractor, providing direction to the Contractor, as appropriate in areas relating to County policy, information requirements, and procedural requirements; however, in no event, shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. 6.3 County's Project Manager 6.3.1 The role of the County's Project Manager is authorized to include: 6.3.1.1 Meeting with the Contractor's Project Manager on a regular basis; and 6.3.1.2 Inspecting any and all tasks, deliverables, goods, services, or other work provided by or on behalf of the Contractor; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved,. excused or limited thereby. The County's Project Manager is not authorized to make any changes in any of the terms and conditions of this Contract and is not authorized to further obligate County in any respect whatsoever. Implementation Homelessness Plan - CPG Y2 Page 8 AO -20-610 6.4 County's Contract Project Monitor 6.4.1 The role of the County's Project Monitor is to oversee the day-to-day administration of this Contract; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. The Project Monitor reports to the County's Project Manager. 7 ADMINISTRATION OF CONTRACT - CONTRACTOR 7.1 Contractor Administration A listing of all of Contractor's Administration referenced in the following paragraphs is designated in Exhibit E (Contractor's Administration). The Contractor will notify the County in writing of any change in the names or addresses shown. 7.2 Contractor's Project Manager 7.2.1 The Contractor's Project Manager is designated in Exhibit E (Contractor's Administration). The Contractor shall notify the County in writing of any change in the name or address of the Contractor's Project Manager. 7.2.2 The Contractor's Project Manager shall be responsible for the Contractor's day-to-day activities as related to this Contract and shall meet and coordinate with County's Project Manager and County's Contract Project Monitor on a regular basis. 7.3 Approval of Contractor's Staff 7.3.1 County has the absolute right to approve or disapprove all of the Contractor's staff performing work hereunder and any proposed changes in the Contractor's staff, including, but not limited to, the Contractor's Project Manager. 7.4 Contractor's Staff Identification Contract shall provide, at Contractor's expense, all staff providing services under this Contract with a photo identification. badge. 7.5 Background and Security Investigations 7.5.1 Each of Contractor's staff performing services under this Contract, who is in a designated sensitive position, as determined by County in County's sole discretion, shall undergo and pass a background investigation to the Implementation Homelessness Plan -,CPG Y2 Page 9 AO -20-61 0 satisfaction of County as a condition of beginning and continuing to perform services under this Contract. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal -level review, which may include, but shall not be limited to, criminal conviction information. The fees associated with the background investigation shall be at the expense of the Contractor, regardless of whether the member of Contractor's staff passes or fails the background investigation. If a member of Contractor's staff does not pass the background investigation, County may request that the member of Contractor's staff be removed immediately from performing services under the Contract. Contractor shall comply with County's request at any time during the term of the Contract. County will not provide to Contractor or to Contractor's staff any information obtained through the County's background investigation 7.5.2 County, in its sole discretion, may immediately deny or terminate facility access to any member of Contractor's staff that does not pass such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access. 7.5.3 Disqualification of any member of Contractor's staff pursuant to this Paragraph 7.5 shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract. 7.6 Confidentiality 7.6.1 Contractor shall maintain the confidentiality of all records and information in accordance with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality, including, without limitation, County policies concerning information technology security and the protection of confidential records and information. 7.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs and expenses, including, without limitation, defense costs and legal, accounting and other expert, Implementation Homelessness Plan - CPG Y2 Page 10 AO -20-61 0 consulting, or professional fees, arising from, connected with, or related to any failure by Contractor, its officers, employees, agents, or subcontractors, to comply with this Paragraph 7.6, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under this Paragraph 7.6 shall be conducted by contractor and performed by counsel selected by Contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event Contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from Contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction, or make any admission, in each case, on behalf of County without County's prior written approval. 7.6.3 Contractor shall inform all of its officers, employees, agents and subcontractors providing services hereunder of the confidentiality provisions of this Contract. 7.6.4 Contractor shall sign and adhere to the provisions of the "Contractor Acknowledgement and Confidentiality Agreement", Exhibit F. 8 STANDARD TERMS AND CONDITIONS 8.1 Amendments 8.1.1 For any change which affects the scope of work, term, contract sum, payments, or any term or condition included under this Contract, an amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer or his/her designee. 8.1.2 For any change which does not materially affect the statement of work or any other term or condition included under this Contract, a Change Notice shall be prepared and signed by the County's Project Manager and Contractor's Project Manager. 8.1.3 The County's Board of Supervisors or Chief Executive Officef or designee may require the addition and/or change of certain terms and conditions in the Contract during the term of this Contract. The County reserves the right to add and/or Implementation Homelessness Plan - CPG Y2 Page 11 AO -20-61 0 change such provisions as required by the County's Board of Supervisors or Chief Executive Officer. To implement such changes, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer and his/her designee. 8.1.4 The Chief Executive Officer or his/her designee, may at his/her sole discretion, - authorize extensions of time as defined in Paragraph 4 - Term of Contract. The contractor agrees that such extensions of time shall not change any other term or condition of this Contract during the period of such extensions. To implement an extension of time, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer. 8.2 Assignment and Delegation/Mergers or Acquisitions 8.2.1 The contractor shall notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the contractor is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers. 8.2.2 The contractor shall not assign its rights or delegate its duties under this Contract, or both, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written Amendment to the Contract, which is formally approved and executed by the parties. Any payments by the County to any approved delegatee or assignee on any claim under this Contract shall be deductible, at County's sole discretion, against the claims, which the contractor may have against the County. 8.2.3 Shareholders, partners, members, or other equity holders of contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Contract, such disposition is an assignment requiring the prior written Implementation Homelessness Plan - CPG Y2 Page 12 AO -20-61 0 consent of County in accordance with applicable provisions of this Contract. 8.2.4 Any assumption, assignment, delegation, or takeover of any of the contractor's duties, responsibilities, obligations, or performance of same by any person or entity other than the contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Contract which may result in the termination of this Contract. In the event of such termination, County shall be entitled to pursue the same remedies against contractor as it could pursue in the event of default by contractor. 8.3 Authorization Warranty 8.3.1 The contractor represents and warrants that the person executing this Contract for the contractor is an authorized agent who has actual authority to bind the contractor to each and every term, condition, and obligation of this Contract and that all requirements of the contractor have been fulfilled to provide such actual authority. 8.4 Budget Reductions 8.4.1 In the event that the County's Board of Supervisors adopts, in any fiscal year, a County Budget which provides for reductions in the salaries and benefits paid to the majority of County employees and imposes similar reductions with respect to County contracts, the County reserves the right to reduce its payment obligation under this Contract correspondingly for that fiscal year and any subsequent fiscal year during the term of this Contract (including any extensions), and the services to be provided by the contractor under this Contract shall also be reduced correspondingly. The County's notice to the contractor regarding said reduction in payment obligation shall be provided within thirty (30) calendar days of the Board's approval of such actions. Except as set forth in the preceding sentence, the contractor shall continue to provide all of the services set forth in this Contract. Implementation Homelessness Plan - CPG Y2 Page 13 AO -20-61 0 8.5 Complaints 8.5.1 The contractor shall develop, maintain and operate procedures for receiving, investigating and responding to complaints. 8.5.2 Complaint Procedures 8.5.2.1 Within thirty (30) business days after the Contract effective date, the contractor shall provide the County with the contractor's policy for receiving, investigating and responding to user complaints. 8.5.2.2 The County will review the contractor's policy and provide the contractor with approval of said plan or with requested changes. 8.5.2.3 If the County requests changes in the contractor's policy, the contractor shall make such changes and resubmit the plan within fifteen (15) business days for County approval. 8.5.2.4 If, at any time, the contractor wishes to change the contractor's policy, the contractor shall submit proposed changes to the County for approval before implementation. 8.5.2.5 The contractor shall preliminarily investigate all complaints and notify the County's Project Manager of the status of the investigation within thirty (30) business days of receiving the complaint. 8.5.2.6 When complaints cannot be resolved informally, a system of follow-through shall be instituted which adheres to formal plans for specific actions and strict time deadlines. 8.5.2.7 Copies of all written responses shall be sent to the County's Project Manager within ten (10) business days of mailing to the complainant. 8.6 Compliance with Applicable Law 8.6.1 In the performance of this Contract, contractor shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and Implementation Homelessness Plan - CPG Y2 Page 14 AO -20-610 procedures, and all provisions required thereby to be included in this Contract are hereby incorporated herein by reference. 8.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting or professional fees, arising from, connected with, or related to any failure by contractor, its officers, employees, agents, or subcontractors, to comply with any such laws, rules, regulations, ordinances, directives, guidelines, policies, or procedures, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under Paragraph 8.6 (Compliance with Applicable Law) shall be conducted by contractor and performed by counsel selected by contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction or other equitable relief, or make any admission, in each case, on behalf of County without County's prior written approval. 8.7 Compliance with Civil Rights Laws 8.7.1 The contractor hereby assures that it will comply with Subchapter V1 of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. The contractor shall comply with Exhibit C - Contractor's E EO- Certification. Implementation Homelessness Plan - CPG Y2 Page 15 AO -20-61 0 8.8 Compliance with the County's Jury Service Program 8.8.1 Jury Service Program: This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code, a copy of which is attached as Exhibit G and incorporated by reference into and made a part of this Contract. 8.8.2 Written Employee Jury Service Policy. 1 Unless the contractor has demonstrated to the County's satisfaction either that the contractor is not a 4$contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that the contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), the contractor shall have and adhere to a written policy that provides that its Employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this paragraph, "contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of fifty thousand dollars ($50,000) or more in any twelve (12) month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full-time employee of the contractor. "Full-time" means forty (40) hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by the County, or 2) contractor has a long-standing practice that defines the lesser number of hours as full-time. Full-time employees providing short-term, temporary services of ninety (90) days or less within a twelve (12) month period are not considered full-time for purposes of the Jury Service Program. If the contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of Implementation Homelessness Plan - CPG Y2 Page 16 AO -20-61 0 this paragraph. The provisions of this paragraph shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement. 3. If the. contractor is not required to comply with the Jury Service Program when the Contract commences, the contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and the contractor shall immediately notify the County if the contractor at any time either comes within the Jury Service Program's definition of .1 contractor' or if the contractor no longer qualifies for an exception to the Jury Service Program. In either event, the contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the contractor demonstrate, to the County's satisfaction that the contractor either continues to remain outside of the Jury Service Program's definition of "contractor' and/or that the contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar the contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. 8.9 Conflict of Interest 8.9.1 No County employee whose position with the County enables such employee to influence the award of this Contract or any competing Contract, and no spouse or economic dependent of such employee, shall be employed in any capacity by the contractor or have any other direct or indirect financial interest in this Contract. No officer or employee of the contractor who may financially benefit from the performance of work hereunder shall in any way participate in the County's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence the County's approval or ongoing evaluation of such work. 8.9.2 The contractor shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be Implementation Homelessness Plan - CPG Y2 Page 17 AO -20-61 0 enacted during the term of this Contract. The contractor warrants that it is not now aware of any facts that create a conflict of interest. If the contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this Contract. 8.10 Intentionally Omitted 8.11 Consideration of Hiring GAIN -GROW Participants 8.11.1 Should the contractor require additional or replacement personnel after the effective date of this Contract, the contractor shall give consideration for any such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the contractor's minimum qualifications for the open position. For this purpose, consideration shall mean that the contractor will interview qualified candidates. The County will refer GAIN -GROW participants by job category to the contractor. Contractors shall report all job openings with job requirements to: GAINGROW(a-)-dpss.lacounty.gov to obtain a list of qualified GAIN/GROW job candidates. 8.11.2 In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 8.12 Contractor Responsibility and Debarment 8.12.1 Responsible Contractor A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only -with responsible contractors. Implementation Homelessness Plan - CPG Y2 Page 18 AO -20-61 0 8.12.2 Chapter 2.202 of the County Code The contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the contractor is not responsible, the County may, in addition to other remedies provided in the Contract, debar the contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and terminate any or all existing contracts the contractor may have with the County. 8.12.3 Non -responsible contractor The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the contractor has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County, 2) committed an act or omission which negatively reflects on the contractor's quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same, 3) committed an act or offense which indicates a lack of business integrity or business honesty, or 4) made or submitted a false claim against the County or any other public entity. 8.12.4 Contractor Hearing Board 8.12.4.1 If there is evidence that the contractor may be subject to debarment, the Department will notify the contractor in writing of the evidence which is the basis for the proposed debarment and will advise the contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 8.12.4.2 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The contractor and/or the contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, Implementation Homelessness Plan - CPG Y2 Page 19 AO -20-61 0 which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. The contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. 8.12.4.3 After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.4.4 If a contractor has been debarred for a period longer than five (5) years, that contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the contractor has adequately demonstrated one or more of the following: 1) elimination of the grounds for which the debarment was imposed; 2) a bona fide change in ownership or management; 3) material evidence discovered after debarment was imposed; or 4) any other reason that is in the best interests of the County. 8.12.4.5 The Contractor Hearing Board will consider a request for review of a debarment determination only where 1) the contractor has been debarred for a period longer than five (5) years; 2)"fhe debarment has been in effect for at least five (5) years; and 3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearinq where evidence on the Implementation Homelessness Plan - CPG Y2 Page 20 AO -20-61 0 proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing. 8.12.4.6 The Contractor Hearing Board's proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.5 Subcontractors of Contractor These terms shall also apply to subcontractors of County contractors. 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law 8.13.1 The contractor acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. The contractor understands that it is the County's policy to encourage all County contractors to voluntarily post the County's "Safely Surrendered Baby Law" poster, in Exhibit H, in a prominent position at the contractor's place of business. The contractor will also encourage its subcontractors, if any, to post this poster in a prominent position in the subcontractor's place of business. Information and posters for printing are available at www.babysafela.org. 8.14 Contractor's Warranty of Adherence to County's Child Support Compliance Program 8.14.1 The contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contracts are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Implementation Homelessness Plan - CPG Y2 Page 21 AO -20-61 0 8.14.2 As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the contractor's duty under this Contract to comply with all applicable provisions of law, the contractor warrants that it is now in compliance and shall during the term of this Contract maintain in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). 8.15 County's Quality Assurance Plan The County or its agent(s) will monitor the contractors performance under this Contract on not less than an annual basis. Such monitoring will include assessing the contractor's compliance with all Contract terms and conditions and performance standards. Contractor deficiencies which the County determines are significant or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the Board of Supervisors and listed in the appropriate contractor performance database. The report to the Board will include improvement/corrective action measures taken by the County and the contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate this Contract or impose other penalties as specified in this Contract. 8.16 Damage to County Facilities, Buildings or Grounds 8.16.1 The contractor shall repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings, or grounds caused by the contractor or employees or agents of the contractor. Such repairs shall be made immediately after the contractor has become aware of such damage, but in no event later than thirty (30) days after the occurrence. 8.16.2 If the contractor fails to make ti i mely repairs, County may make any necessary repairs. All costs incurred by County, as determined by County, for such repairs shall be repaid by the contractor by cash payment upon demand. Implementation Homelessness Plan - CPG Y2 Page 22 AO -20-61 0 8.17 Employment Eligibility Verification 8.17.1 The contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. The contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, (P.L. 99-603), or as they currently exist and as they may be hereafter amended. The contractor shall retain all such documentation for all covered employees for the period prescribed by law. 8.17.2 The contractor shall indemnify, defend, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 8.18 Facsimile Representations The County and the contractor hereby agree to regard facsimile representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Contract Signature page, Amendments prepared pursuant to Paragraph 8.1 (Amendments) and received via communications facilities, as legally sufficient evidence that such original signatures have been affixed to this Contract. 8.19 Fair Labor Standards 8.19.1 The contractor shall comply with all applicable provisions of the Federal Fair Labor Standards Act and shall indemnify, defend, and hold harmless the County and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the contractor's employees for which the County may be found jointly or solely liable. Implementation Homelessness Plan - CPG Y2 Page 23 AO -20-61 0 8.20 Force Majeure 8.20.1 Neither party shall be liable for such party's failure to perform its obligations under and in accordance with this Contract, if such failure arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by such party or any of such party's subcontractors), freight embargoes, or other similar events to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of such party (such events are referred to in this paragraph as "force majeure events"). 8.20.2 Notwithstanding the foregoing, a default by a subcontractor of contractor shall not constitute a force majeure event, unless such default arises out of causes beyond the control of both contractor and such subcontractor, and without any fault or negligence of either of them. In such case, contractor shall not be liable for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit contractor to meet the required performance schedule. As used in this subparagraph, the term it subcontractor" and "subcontractors" mean subcontractors at any tier. 8.20.3 In the event contractors failure to perform arises out of a force majeure event, contractor agrees to use commercially reasonable best efforts to obtain goods or services from other sources, if applicable, and to otherwise mitigate the damages and reduce the delay caused by such force majeure event. 8.21 Governing Law, Jurisdiction, and Venue This Contract shall be governed by, and construed in accordance with, the laws of the State of California. The contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 8.22 Independent Contractor Status 8.22.1 This Contract is by and between the County and the contractor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, Implementation Homelessness Plan - CPG Y2 Page 24 AO -20-61 0 partnership, joint venture, or association, as between the County and the contractor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. 8.22.2 The contractor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Contract all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the contractor. 8.22.3 The contractor understands and agrees that all persons performing work pursuant to this Contract are, for purposes of Workers' Compensation liability, solely employees of the contractor and not employees of the County. The contractor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the contractor pursuant to this Contract. 8.22.4 The contractor shall adhere to the provisions stated in Paragraph 7.6 (Confidentiality). 8.23 Indemnification 8.23.1 The contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (County Indemnitees) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County indemnitees. 8.24 General Provisions for all Insurance Coverage 8.24.1 Without limiting contractor's indemnification of County, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, contractor shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in Paragraphs 8.24 and 8.25 of this Contract. These minimum insurance coverage terms, types and limits (the Implementation Homelessness Plan - CPG Y2 Page 25 AO -20-61 0 "Required Insurance") also are in addition to and separate from any other contractual obligation imposed upon contractor pursuant to this Contract. The County in no way warrants that the Required Insurance is sufficient to protect the contractor for liabilities which may arise from or relate to this Contract. 8.24.2 Evidence of Coverage and Notice to County 8.24.2.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defined below) has been given Insured status under the contractor's General Liability policy, shall be delivered to County at the address shown below and provided prior to commencing services under this Contract. 8.24.2.2 Renewal Certificates shall be provided to County not less than ten (10) days prior to contractor's policy expiration dates. The County reserves the right to obtain complete, certified copies of any required contractor and/or subcontractor insurance policies at any time. 8.24-2.3 Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the contractor identified as the contracting party in this Contract. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand do ' liars ($50',000), and list any County required endorsement forms. 8.24.2.4 Neither the County's failure to obtain, nor the County's receipt of, or failure to object to a non- complying insurance certificate or endorsement, or any . other insurance documentation or information provided by the contractor, its insurance broker(s) and/or insurer(s), shall be Implementation Homelessness Plan - CPG Y2 Page 26 AO -20-61 0 construed as a waiver of any of the Required Insurance provisions. 8.24.2.5 Certificates and copies of any required endorsements shall be sent to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(a)-ceo.lacounty.gov 8.24.2.6 Contractor also shall promptly report to County any injury or property damage accident or incident, including any injury to a contractor employee occurring on County property, and any loss, disappearance, destruction, misuse, or theft of County property, monies or securities entrusted to contractor. Contractor also shall promptly notify County of any third party claim or suit filed against contractor or any of its subcontractors which arises from or relates to this Contract, and could result in the filing of a claim or lawsuit against contractor and/or County. 8.24.3 Additional Insured Status and Scope of Coverage The County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, employees and volunteers (collectively County and its Agents) shall be provided additional insured status under contractor's General Liability policy with respect to liability arising out of contractor's ongoing and completed operations performed on behalf of the County. County and its Agents additional insured status shall apply with respect to liability and defense of suits arising out of the contractor's acts or omissions, whether such liability -is attributable to the contractor or to the County. The full policy limits and scope of protection also shall apply to the County and its Agents as an additional insured, even if they exceed the County's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein. Implementation Homelessness Plan - CPG Y2 Page 27 AO -20-61 0 8.24.4 Cancellation of or Changes in Insurance Contractor shall provide County with, or contractor's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the County, upon which the County may suspend or terminate this Contract. 8.24.5 Failure to Maintain Insurance Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Contract, upon which County immediately may withhold payments due to contractor, and/or suspend or terminate this Contract. County, at its sole discretion, may obtain damages from contractor resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to contractor, deduct the premium cost from sums due to contractor or pursue contractor reimbursement. 8.24.6 Insurer Financial Ratings Coverage shall be placed with insurers acceptable to the County with A.M. Best ratings of not less than A:VII unless otherwise approved by County. 8.24.7 Contractor's Insurance Shall Be Primary Contractor's insurance policies, with respect to any claims related to this Contract, shall be primary with respect to all other sources of coverage available to contractor. Any County maintained insurance or self-insurance coverage shall be in excess of and not contribute to any contractor coverage. Implementation Homelessness Plan - CPG Y2 Page 28 AO -20-61 0 8.24.8 Waivers of Subrogation To the fullest extent permitted by law, the contractor hereby waives its rights and its insurer(s)' rights of recovery against County under all the Required Insurance for any loss arising from or relating to this Contract. The contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver. 8.24.9 Subcontractor Insurance Coverage Requirements Contractor shall include all subcontractors as insureds under contractor's own policies, or shall provide County with each subcontractor's separate evidence of insurance coverage. Contractor shall be responsible for verifying each subcontractor complies with the Required Insurance provisions herein, and shall require that each subcontractor name the County and contractor as additional insureds on the subcontractor's General Liability policy. Contractor shall obtain County's prior review and approval of any subcontractor request for modification of the Required Insurance. 8.24.10 Deductibles and Self -Insured Retentions (SIRs) Contractor's policies shall not obligate the County to pay any portion of any contractor deductible or SIR. The County retains the right to require contractor to reduce or eliminate policy deductibles and SIRs as respects the County, or to provide a bond guaranteeing contractor's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond - shall be executed by a corporate surety licensed to transact business in the State of California. 8.24.11 Claims Made Coverage If any part of the Required Insurance is written on a claims made basis, any policy retroactive date shall precede the effective date of this Contract. Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Contract expiration, termination or cancellation. Implementation Homelessness Plan - CPG Y2 Page 29 AO -20-61 0 8.24.12 Application of Excess Liability Coverage Contractors may use a combination of primary and excess insurance policies which provide coverage as broad as the underlying primary policies, to satisfy the Required Insurance provisions. 8.24.13 Separation of Insureds All liability policies shall provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. 8.24.14 Alternative Risk Financing Programs The County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The County and its Agents shall be designated as an Additional Covered Party under any approved program. 8.24.15 County Review and Approval of Insurance Requirements The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County's determination of changes in risk exposures. 8.25 Insurance Coverage 8.25.1 Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than: General Aggregate: $2 million Prod ucts/Completed Operations Aggregate: $1 million Personal and Advertising Injury: $1 million Each Occurrence: $1 million 8.25.2 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for Implementation Homelessness Plan - CPG Y2 Page 30 AO -20-61 0 each single accident. Insurance shall cover liability arising out of contractor's use of autos pursuant to this Contract, including owned, leased, hired, and/or non -owned autos, as each may be applicable. 8.25.3 Workers Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. If applicable to Contractor's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. 8.25.4 Unique Insurance Coverage 8.25.4.1 Sexual Misconduct Liability Insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggregate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature. 8.25.4.2 Professional Liability -Errors and Omissions Insurance covering contractor's liability arising from or related to this Contract, with limits of not less than $1 million per claim and $2 million aggregate. Further, contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years Implementation Homelessness Plan - CPG Y2 Page 31 AO -20-61 0 following this Agreement's expiration, termination or cancellation. 8.26 Liquidated Damages 8.26.1 If, in the judgment of the Chief Executive Officer, or his/her designee, the contractor is deemed to be non-compliant with the terms and obligations assumed hereby, the Chief Executive Officer, or his/her designee, at his/her option, in addition to, or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from the contractor's invoice for work not performed. A description of the work not performed and the amount to be withheld or deducted from payments to the contractor from the County, will be forwarded to the contractor by the Chief Executive Officer, or his/her designee, in a written notice describing the reasons for said action. 8.26.2 If the Chief Executive Officer, or his/her designee, determines that there are deficiencies in the performance of this Contract that the Chief Executive Officer, or his/her designee, deems are correctable by the contractor over a certain time span, the Chief Executive Officer, or his/her designee, will provide a written notice to the contractor to correct the deficiency within specified time frames. Should the contractor fail to correct deficiencies within said time frame, the Chief Executive Officer, or his/her designee, may: (a) Deduct from the contractor's payment, pro rata, those applicable portions of the Monthly Contract Sum; and/or (b) Deduct liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the contractor to correct a deficiency within the specified time frame. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is one hundred dollars ($100) per day per infraction, and that the contractor shall be liable to the County for liquidated damages in said amount. Said amount shall be deducted from the County's payment to the contractor; and/or (c) Upon giving five (5) days notice to the contractor for failure to correct the deficiencies, the County may correct any and all deficiencies and the total costs incurred by the County for completion of the work by an alternate source, whether it be County forces or separate private contractor, will be deducted and forfeited from the payment to the contractor from the County, as determined by the County. Implementation Homelessness Plan - CPG Y2 Page 32 AO -20-61 0 8.26.3 The action noted in Paragraph 8.26.2 shall not be construed as a penalty, but as adjustment of payment to the contractor to recover the County cost due to the failure of the contractor to complete or comply with the provisions of this Contract. 8.26.4 This Paragraph shall not, in any manner, restrict or limit the County's right to damages for any breach of this Contract provided by law or as specified in the PIRS or Paragraph 8.26.2, and shall not, in any manner, restrict or limit the County's right to terminate this Contract as agreed to herein. 8.27 Most Favored Public Entity 8.27.1 If the contractor's prices decline, or should the contractor at any time during the term of this Contract provide the same goods or services under similar quantity and delivery conditions to the State of California or any county, municipality, or district of the State at prices below those set forth in this Contract, then such lower prices shall be immediately extended to the County. 8.28 Nondiscrimination and Affirmative Action 8.28.1 The contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. 8.28.2 The contractor shall certify to, and comply with, the provisions of Exhibit C (Contractor's EEO Certification). 8.28.3 The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -d iscri mi nation laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Implementation Homelessness Plan - CPG Y2 Page 33 AO -20-61 0 8.28.4 The contractor certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 The contractor certifies and agrees that it, its affiliates, subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contracf. 8.28.6 The contractor shall allow County representatives access to the contractor's employment records during regular business hours to verify compliance with the provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) when so requested by the County. 8.28.7 If the County finds that any provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) have been violated, such violation shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. While the County reserves the right to determine independently that the anti -discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the contractor has violated Federal or State anti -discrimination laws or regulations shall constitute,a finding by the County that the contractor has violated the anti -discrimination provisions of this Contract. 8.28.8 The parties agree that in the event the contractor violates any of the anti -discrimination provisions of this Contract, the County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract. Implementation Homelessness Plan - CPG Y2 Page 34 AO -20-61 0 8.29 Non Exclusivity 8.29.1 Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the contractor. This Contract shall not restrict County from acquiring similar, equal or like goods and/or services from other entities or sources. 8.30 Notice of Delays 8.30.1 Except as otherwise provided under this Contract, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party. 8.31 Notice of Disputes 8.31.1 The contractor shall bring to the attention of the County's Project Manager and/or County's Project Director any dispute between the County and the contractor regarding the performance of services as stated in this Contract. If the County's Project Manager or County's Project Director is not able to resolve the dispute, the Chief Executive Officer, or designee shall resolve it. 8.32 Notice to Employees Regarding the Federal Earned Income Credit 8.32.1 The contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law 8.33.1 The contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The information is set forth in Exhibit H, Safely Surrendered Baby Law of this Contract. Additional information is available at www.babysafela.org. Implementation Homelessness Plan - CPG Y2 Page 35 AO -20-61 0 8.34 Notices 8.34.1 All notices or demands required or permitted to be given or made under this Contract shall be in writing and shall be hand delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Exhibits D (County's Administration) and E (Contractor's Administration). Addresses may be changed by either party giving ten (10) days prior written notice thereof to the other party. The Chief Executive Officer or his/her designee shall have the authority to issue all notices or demands required or permitted by the County under this Contract. 8.35 Prohibition Against Inducement or Persuasion 8.35.1 Notwithstanding the above, the contractor and the County agree that, during the term of this Contract and for a period of one year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement. 8.36 Public Records Act 8.36.1 Any documents submitted by the contractor; all information obtained in connection with the County's right to audit and inspect the contractor's documents, books, and accounting records pursuant to Paragraph 8.38 (Record Retention and Inspection -Audit Settlement) of this Contract; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the .solicitation process for this Contract, if applicable, become the excl.usive property of the County. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked "trade secret", "confidential", or "proprietary". The County shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. 8.36.2 In the event the Qounty is required to defend an.action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of Implementation Homelessness Plan - CPG Y2 Page 36 AO -20-61 0 a proposal marked "trade secret", "confidential", or "proprietary", the contractor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 8.37 Publicity 8.37.1 The contractor shall not disclose any details in connection with this Contract to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing the contractor's need to identify its services and related clients to sustain itself, the County shall not inhibit the contractor from publishing its role under this Contract within the following conditions: 8.37.1.1 The contractor shall develop all publicity material in a professional manner; and 8.37.1.2 During the term of this Contract, the contractor shall not, and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the prior written consent of the County's Project Director. The County shall not unreasonably withhold written consent. 8.37.2 The contractor may, without the prior written consent of County, indicate in its proposals and sales materials that it has been awarded this Contract with the County of Los Angeles, provided that the requirements of this Paragraph 8.37 (Publicity) shall apply. 8.38 Record Retention and Inspection -Audit Settlement 8.38.1 The contractor shall maintain accurate and complete financial records of its activities and operations relating to this Contract in accordance with generally accepted accounting principles. The contractor shall also maintain accurate and complete employment and other records relating to its performance of this Contract. The contractor agrees that the County, or its authorized- representatives, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, or record relating to this Contract. All such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, Implementation Homelessness Plan - CPG Y2 Page 37 AO -20-61 0 timecards, sign-in/sign-out sheets and other time and employment records, and proprietary data and information, shall be kept and maintained by the contractor and shall be made available to the County during the term of this Contract and for a period of five (5) years thereafter unless the County's written permission is given to dispose of any such material prior to such time. All such material shall be maintained by the contractor at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at the County's option, the contractor shall pay the County for travel, per diem, and other costs incurred by the County to examine, audit, excerpt, copy, or transcribe such material at such other location. 8.38.2 In the event that an audit of the contractor is conducted specifically regarding this Contract by any Federal or State auditor, or by any auditor or accountant employed by the contractor or otherwise, then the contractor shall file a copy of such audit report with the County's Auditor -Controller within thirty (30) days of the contractor's receipt thereof, unless otherwise provided by applicable Federal or State law or under this Contract. Subject to applicable law, the County shall make a reasonable effort to maintain the confidentiality of such audit report(s) 8.38.3 Failure on the part of the contractor to comply with any of the provisions of this subparagraph 8.38 shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 8.38.3 If, at any time during the term of this Contract or within five (5) years after the expiration or termination of this Contract, representatives of the County conduct an audit of the contractor regarding the work performed under this Contract, and if such audit finds that the County's dollar liability for any such work is less than payments made by the County to the contractor, then the difference shall be either: a) repaid by the contractor to the County by cash payment upon demand or b) at the sole option of the County's Auditor -Controller, deducted -from any amounts due to the contractor from the County, whether under this Contract or otherwise. If such audit finds that the County's dollar liability for such work is * more than the payments made by the County to the contractor, then the difference shall be paid to the contractor by the County by cash payment, provided that in no event shall the County's Implementation Homelessness Plan - CPG Y2 Page 38 AO -20-61 0 maximum obligation for this Contract exceed the funds appropriated by the County for the purpose of this Contract. 8.39 Recycled Bond Paper 8.39.1 Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the contractor agrees to use recycled -content paper to the maximum extent possible on this Contract. 8.40 Subcontracting 8.40.1 The requirements of this Contract may not be subcontracted by the contractor without the advance approval of the County. Any attempt by the contractor to subcontract without the prior consent of the County may be deemed a material breach of this Contract. 8.40.2 If the contractor desires to subcontract, the contractor shall provide the following information promptly at the County's request: 8.40.2.1 A description of the work to be performed by the subcontractor; 8.40.2.2 A draft copy of the proposed subcontract; and 8.40.2.3 Other pertinent information and/or certifications requested by the County. - 8.40.3 The contractor shall indemnify, defend, and hold the County harmless with respect to the activities of each and every subcontractor in the same manner and to the same degree as if such subcontractor(s) were the contractor employees. Any entity hired by Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. 8.40.4 The contractor shall remain fully responsible for all performances required of it under this Contract, including those that the contractor has determined to subcontract, notwithstanding the County's approval of the contractor's Implementation Homelessness Plan - CPG Y2 Page 39 AO -20-61 0 proposed subcontract. 8.40.5 The County's consent to subcontract shall not waive the County's right to prior and continuing approval of any and all personnel, including subcontractor employees, providing services under this Contract. The contractor is responsible to notify its subcontractors of this County right. 8.40.6 The County's Project Director is authorized to act for and on behalf of the County with respect to approval of any subcontract and subcontractor employees. After approval of the subcontract by the County, contractor shall forward a fully executed subcontract to the County for their files. 8.40.7 The contractor shall be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County's consent to subcontract. 8.40.8 The contractor shall obtain certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. Before any subcontractor employee may perform any work hereunder, contractor shall ensure delivery of all such documents to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(cD-ceo.lacounty.aov 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program 8.41.1 Failure of the contractor to maintain compliance with the requirements set forth in Paragraph 8.14 (Contractor's Warranty of Adherence to County's Child Support Compliance Program) shall constitute default under this Contract. Without limiting the rights and remedies available to the County under any other provision of this Contract, failure of the contractor to curb such default within ninety (90) calendar days of written notice shall be grounds upon which the County may terminate this Contract pursuant to Paragraph 8.43 (Termination for Default) and pursue Implementation Homelessness Plan - CPG Y2 Page 40 AO -20-61 0 debarment of the contractor, pursuant to County Code Chapter 2.202. 8.42 Termination for Convenience 8.42.1 This Contract may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the contractor specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent. 8.42.2 After receipt of a notice of termination and except as otherwise directed by the County, the contractor shall: 8.42.2.1 Stop work under this Contract on the date and to the extent specified in such notice, and 8.42.2.2 Complete performance of such part of the work as shall not have been terminated by such notice. 8.42.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of the contractor under this Contract shall be maintained by the contractor in accordance with Paragraph 8.38 (Record Retention and Inspection -Audit Settlement). 8.43 Termination for Default 8.43.1 The County may, by written notice to the contractor, terminate the whole or any part of this Contract, if, in the judgment of County's Project Director: 8.43.1.1 Contractor has materially breached this Contract; or 8.43.1.2 Contractor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this Contract; or 8.43.1.3 Contractor fails to demonstrate a high probability of timely fulfillment of performance requirements under this Contract, or of any obligations of this Implementation Homelessness Plan - CPG Y2 Page 41 AO -20-61 0 Contract and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure. 8.43.2 In the event that the County terminates this Contract in whole or in part as provided in Paragraph 8.43.1, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The contractor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this paragraph. 8.43.3 Except with respect to defaults of any subcontractor, the contractor shall not be liable for any such excess costs of the type identified in Paragraph 8.43.2 if its failure to perform this Contract arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not limited to: acts of God or of the public enemy, acts of the County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the contractor. If t ' he failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the. contractor to meet the required performance schedule. As used in this paragraph, the term "subcontractor(s)" means subcontractor(s) at any tier. 8.43.4 If, after the County has given notice of termination under the provisions of Paragraph 8.43 (Termination for Default) it is determined by the County that the contractor was not in default under the provisions of Paragraph 8.43 (Termination for Default) or that the default was excusable under the Implementation Homelessness Plan - CPG Y2 Page 42 AO -20-61 0 provisions of subparagraph 8.43.3, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 8.42 (Termination for Convenience). 8.43.5 The rights and remedies of the County provided in this Paragraph 8.43 (Termination for Default) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.44 Termination for Improper Consideration 8.44.1 The County may, by written notice to the contractor, immediately terminate the right of the contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the contractor's performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the contractor as it could pursue in the event of default by the contractor. 8.44.2 The contractor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Aud itor-Co ntrol lees Employee Fraud Hotline at (800) 544-6861. 8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts. 8.45 Termination for Insolvency 8.45.1 The County may terminate this Contract forthwith in the event of the occurrence of any of the following: 8.45.1.1 Insolvency of the contractor. The contractor shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code Implementation Homelessness Plan - CPG Y2 Page 43 AO -20-61 0 and whether or not the contractor is insolvent within the meaning of the Federal Bankruptcy Code; 8.45.1.2 The filing of a voluntary or involuntary petition regarding the contractor under the Federal Bankruptcy Code; 8.45.1.3 The appointment of a Receiver or Trustee for the contractor; or 8.45.1.4 The execution by the contractor of a general assignment for the benefit of creditors. 8.45.2 The rights and remedies of the County provided in this Paragraph 8.45 (Termination for Insolvency) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.46 Termination for Non -Adherence of County Lobbyist Ordinance 8.46.1 The contractor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the contractor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the contractor or any County Lobbyist or County Lobbying firm retained by the contractor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Contract, upon which the County may in its sole discretion, immediately terminate or suspend this Contract. 8.47 Termination for Non -Appropriation of Funds 8.47.1 Notwithstanding any other provision of this Contract, the County shall not be obligated for the contractor's performance hereunder or by any provision of this Contract during any of the County's future fiscal years unless and until the County's Board of Supervisors appropriates funds for this Contract in the County's Budget for each such future fiscal year. In the event that funds are not appropriated for this Contract, then this Contract shall terminate as of June 30 of the last fiscal year for which funds were appropriated. The County shall notify the contractor in writing of any such non -allocation of funds at the earliest possible date. Implementation Homelessness Plan - CPG Y2 Page 44 AO -20-61 0 8.48 Validity 8.48.1 If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby. 8.49 Waiver 8.49.1 No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph 8.49 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.50 Warranty Against Contingent Fees 8.50.1 The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. 8.50.2 For breach of this warranty, the County shall have the right to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.51 Warranty of Compliance with County's Defaulted Property Tax Reduction Program 8.51.1 Contractor acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless contractor qualifies for an exemption or exclusion, contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of Implementation Homelessness Plan - CPG Y2 Page 45 AO -20-61 0 this contract will maintain compliance, with Los Angeles County Code Chapter 2.206. 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program 8.52.1 Failure of contractor to maintain compliance with the requirements set forth in Paragraph 8.51 "Warranty of Compliance with County's Defaulted Property Tax Reduction Program" shall constitute default under this contract. Without limiting the rights and remedies available to County under any other provision of this contract, failure of contractor to cure such default within ten (10) days of notice shall be grounds upon which County may terminate this contract and/or pursue debarment of contractor, pursuant to County Code Chapter 2.206. 8.53 Time Off for Voting 8.53.1 The contractor shall notify its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code Section 14000). Not less than ten (10) days before every statewide election, every contractor and subcontractors shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking Contractor acknowledges that the County has established a Zero Tolerance Policy on Human Trafficking prohibiting contractors from engaging in human trafficking. If a Contractor or member of Contractor's staff is convicted of a human trafficking offense, the County shall require that the Contractor or member of Contractor's staff be removed immediately from performing services under the Contract. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law. Disqualification of any member of Contractor's staff pursuant to this paragraph shall not relieve Contractor of its obligation to -.complete all work in accordance with the terms and conditions of this Contract. Implementation Homelessness Plan - CPG Y2 Page 46 AO -20-61 0 Contractor shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History, Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract. The contractor acknowledges that the County takes its commitme to preserving the dignity and professionalism of the workplace ve seriously, as set forth in the County Policy of Equity (CPO (hgp�i:�//ceo �.Iacou�ht. oqv/). The contractor further acknowledg that the County strives to provide a workplace free fro discrimination, harassment, retaliation and inappropriate condu based on a protected characteristic, and which may violate th CPOE. The contractor, its employees and subcontracto acknowledge and certify receipt and understanding of the CPO Failure of the contractor, its employees or its subcontractors uphold the County's expectations of a workplace free fro harassment and discrimination, including inappropriate condu based on a protected characteristic, may subject the contractor termination of contractual agreements as well as civil liability. MM, ffmf .11: 1111 A 0 a I Contractor and subcontractors that electronically transmit or store personal information (PI), protected health information (PHI) and/or medical information (MI) shall comply with th4 encryption standards set forth below. PI is defined in California Health Insurance Portability and Accountability Act of 1996 (HIPPA), and implementing regulations, MI is defined in California Civil Code Section 56.05(j). a. Stored Data Contractors' and subcontractors' workstations and portable devices that are used to access, store, receive and/or transmit County PI, PHI or MI (e.g., mobile, Wbarables, tablets, thumb drives, external hard drives) require encryption (i.e. software and/or hardware) in accordance with: a) Federal Information Implementation Homelessness Plan - CPG Y2 Page 47 AO -20-61 0 Processing Standard Publication (FIPS) 140-2; b) National Institute of Standards and Technology (NIST) Special Publication 800-57 Recommendation for Key Management — Part 1: General (Revision 3); c) NIST Special Publication 800-57 Recommendation for Key Management — Part 2: Best Practices for Key Management Organization; and d) NIST Special Publication 800-111 Guide to Storage Encryption Technologies for End User Devices. Advanced Encryption Standard (AES) with cipher strength of 256 -bit is minimally required. b. Transmitted Data All transmitted (e.g. network) County PI, PHI and/or MI require encryption in accordance with: a) NIST Special Publication 800-52 Guidelines for the Selection and Use of Transport Layer Security Implementations; and b) NIST Special Publication 800-57 Recommendation for Key Management — Part 3: Application -Specific Key Management Guidance. Secure Sockets Layer (SSL) is minimally required with minimum cipher strength of 128 -bit. C. Certification The County must receive within ten (10) business days of its request, a certification from the Contractor (for itself and any Subcontractors) that certifies and validates compliance with the encryption standards set for the above. In additional, Contractor shall maintain a copy of any validation/aftestation report that its data encryption product(s) generate and such reports shall be subject to, audit in accordance with the Contract. Failure on the part of 1he Contractor to comply with any of the provisions of this Subparagraph 9.3.1 (Data Encryption) shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 9.2 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) 9.2.1 Contractor expressly acknowledges and agrees that the provision of services under this Agreement does not require or permit access by Contractor or any of its offic0s, employees, or agents, to any patient medical records/patient information. Accordingly, Contractor shall instruct its officers, Implementation Homelessness Plan - CPG Y2 Page 48 AO -20-61 0 employees, and agents that they are not to pursue, or gain access to, patient medical records/patient information for any reason whatsoever. 9.2.2 Notwithstanding the forgoing, the parties acknowledge that in the course of the provision of services hereunder, Contractor or its officers, employees, and agents, may have inadvertent access to patient medical records/patient information. Contractor understands and agrees that neither it nor its officers, employees, or agents, are to take advantage of such access for any purpose whatsoever. 9.2.3 Additionally, in the event of such inadvertent access, Contractor and its officers, employees, and agents, shall maintain the confidentiality of any information obtained and shall notify Director that such access has been gained immediately, or upon the first reasonable opportunity to do so. In the event of any access, whether inadvertent or intentional, Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all liability, including but not limited to, actions, claims, costs, demands, expenses, and fees (including attorney and expert witness fees) arising from or connected with Contractor's or its officers', employees', or agents', access to patient medical records/patient information. Contractor agrees to provide appropriate training to its employees regarding their obligations as described hereinabove. Implementation Homelessness Plan - CPG Y2 Page 49 AO -20-61 0 IN WITNESS WHEREOF, County has caused this Contract to be executed by its Chief Executive Officer. Contractor has caused this Contract to KOM 2 1 0 to] 19 03 ZA M 5 MM - =� Lwoxqili�zwq mlmd� AJI w�—L� o' -Y "N'ec S�"r KATHERINE M. BOWSER Principal Deputy County Counsel Date I grimmal IM Implementation Homelessness Plan - CPG Y2 Page 50 AO -19-6 EXHIBIT A STATEMENT OF WORK City of Baldwin Park Multi -jurisdictional City Homelessness Plan Implementation Grant Section 1. Overview On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi -jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the cities of Baldwin Park, El Monte and South El Monte (Cohort) have a combined homeless count of 775 individuals and family members. Since the completion of their homeless plans in 2018, the Cohort Cities have been working collectively to combat homelessness and agreed to formally partner to develop a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and 2) enhance the availability and access to homeless services to prevent and combat homelessness in the region. The Cohort, identified the city of Baldwin Park as lead agency and fiscal administrator for this multi -jurisdictional proposal. The Cohort's long-term vision is to create a system change and set in place efficiencies through policies and programs within the Cities that will align with the County's. The Cohort, through its respective Community Development Departments, Planning Department and Department of Recreation and Community Services (Baldwin Park) will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the Hl, with whom planning work is already underway. The EXHIBIT A STATEMENT OF WORK proposed project is a result of discussions between cohort cities and each cohort city's goals and objectives as described below: Baldwin Park: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing El Monte: • Better Understand the City's Homeless Population and Educate the Community • Increase Engagement Activities and Links to Crisis Response System • Expand Access to Workforce Development and Employment Programs • Increase the Number of Shelter Beds • Increase the Number of Affordable/Supportive Housing Units • Participate in Regional Collaboration Opportunities South El Monte: • Educate City Staff and the Community about Homelessness and Available Resources • Increase Outreach and Engagement Activities Goal • Expand Employment Opportunities in the City • Create Shelter Options in the City • Create New Affordable/Supportive Housing Options in the City • Coordinate with Regional Partners on Homelessness Plan Implementation Section 11. Objectives and Program Description Please check all that apply: 0 Priority Area 1 - Increase the supply of supportive and interim housing for people experiencing homelessness 0 Priority Area 2 - Enhance the effectiveness of County service systems for those experiencing and/or at -risk of homelessness. Priority Area 1: The Cohort will work together to immediately increase the supply of interim and permanent housing within its jurisdiction. The cohort will work with a consultant to implement an interim housing program, using motel vouchers and a rapid re -housing program. STATEMENT OF WORK Interim Housing: EXHIBIT A The Cohort will expand the number of motel partnerships available to provide interim housing at an affordable rate for the grant period. This approach will increase the availability of immediate shelter opportunities and build trust with clients to enhance connection to the Coordinated Entry System (CES). The following motels have been identified as potential partners for interim housing: • Grand Park Inn, 13921 Francisquito Ave. Baldwin Park • Motel 6, 14510 Garvey Ave. Baldwin Park • Sierra Inn, 1171 Durfee Ave. South El Monte • Ramada Inn, 1089 Santa Anita Ave. South El Monte • Motel 6, 1228 N Durfee Ave, South El Monte Permanent Housing: The Cohort will also leverage services of the Baldwin Park Housing Authority, serving as the administrator of the Rapid Rehousing Program, and will ensure best practices are employed, and clients are quickly re -housed and stabilized. The Rapid Re -Housing funds will provide for a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including such activities as mediation, credit counseling, security or utility deposits, utility payments, moving cost assistance, and case management. To be eligible to rapid rehousing services, individuals or families must be homeless or at risk.of becoming homeless and: 1) be at or below 50% of the Area Median Income; 2) have at least an initial consultation with housing navigator/coordinator to determine need; and 3) be in a housing circumstance that no appropriate subsequent housing options have been identified and the household lacks the financial resources and support networks needed to obtain immediate housing or remain in existing housing. Land Assessment: The Cohort will explore opportunities to identify vacant or underutilized public land for affordable/supportive housing and evaluate how to utilize parcels of land and available funds resulting from the dissolution of the Redevelopment Agency for affordable/supportive housing Accessory Dwelling Unit (ADU) Ordinance Review: The Cohort will review theirADU ordinances to explore aligning Ordinances to maximize efforts to prevent and combat homelessness by providing incentives or fee waivers for ADUs used for homeless housing. The above referenced Priority Area 1 projects support the goals of each of the Cohort's homelessness plans as described above and addresses H1 strategies B3, E7, E8, F4, F6, and F7. EXHIBIT A STATEMENT OF WORK The City of Baldwin Park will also subcontract with the Cohort to support the creation of a Regional Housing Trust Fund, which will establish a source of funds to support the preservation and production of supportive, homeless, affordable and other manner of housing in the region. This project addresses HI strategy F7. Priority Area 2: The Cohort Cities will implement several integrated activities that comprise a services program to strengthen the continuum of care for the 775 people experiencing homelessness within their sub -region of the San Gabriel Valley. These activities will complement County and City service systems by enabling a selected contractor to hire a dedicated full-time Case Worker Coordinator to support Housing Navigation and other homeless service provider and city case management staff. Other proposed activities include launching a local homeless prevention/diversion program for individuals and/or families in need and establishing an Access Center to centralize homeless prevention activities. The cohort will also implement a landlord engagement and incentives program to increase housing units and stabilize clients. Additionally, the Cohort will establish a navigation center with available lockers and make available showers for people experiencing homelessness. To further support and stabilize individuals and families at risk of or experiencing homelessness, the Cohort will ensure connections to employment services and assistance, as appropriate. The above referenced Priority Area 2 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies Al, A5, B3, B4, C1, C2, C7, D5, E6, E7, and E8 Section 111111. Tasks Task 1: Develop the necessary agreements to implement the program. Activities , Deliverables Due Date Cohort Cities will enter into a Executed MOU 30 days after Memorandum of Understanding contract execution (MOU) or other type of agreement establishing the terms of their collaboration on this project Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with consultant to Agreement contract execution administer the interim housing programs; submit copies of draft subcontractor agreements for County approval. Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with a service provider(s) Agreement contract execution or consultant to serve as the Case Worker Coordinator; submit copies of I EXHIBIT A STATEMENT OF WORK draft subcontractor agreements for Metrics Deliverables County approval. Project plan will be provided 2nd Quarter Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with a consultant to do Agreement contract execution land assessment; submit copies of draft subcontractor agreements for County approval. Report will be developed and 3rd Quarter All members of the Cohort will Number of volunteers recruited 90 days after become "opt -in" cities for the LAHSA Report on number of individuals contract execution Homeless Count Identification of one or more 90 days after deployment sites contract execution Identification of one or more 90 days after coordinators to operate the site. contract execution Task II: Consultant will do land assessment of public, private land, private property, and valuate options to implement land Develop project plan and timeline for land and policy assessment. zoninq. affordable housina Dolic Project plan and timeline for I nd land and policy assessment. 12 Quarter Conduct land and policy assessment Report on 1) the number of Final Quarter and develop report affordable housing units that could be added; 2) feasibility of motel conversions; 3) land use, zoning and affordable housing policy assessment and/or recommendations Develop ADU and/or Zoning Final adopted ordinance (s) Final Quarter Ordinance revisions Task III: Conduct Canital lmnrovements for Shared Sunnortive Housina Activities Metrics Deliverables Development of project plan, to Project plan will be provided 2nd Quarter identify potential sites for capital improvements, including timeline, and allocation of resources, and training Available sites identified Report will be developed and 3rd Quarter provided Capital improvements completed on Report on number of individuals Final Quarter identified sites and families housed in shared housing EXHIBIT A STATEMENT OF WORK Task IV: Consultant will engage Landlords, motel owners, property managers to increase interim and permanent housing opportunities Activities Metrics Deliverables Create a Landlord engagement plan Project Plan 60 days after with standard outreach, training, and interim housing contract execution support services across cohort. Number of new rooms secured for interim 3 th Quarter Activities Metrics Deliverables Establish partnership/agreements Number of Landlords, property Final Quarter with motel owners and Landlords, managers engaged to increase 60-100 individuals property managers to increase permanent housing 150 Landlords,1-15 interim and permanent housing Number of individuals and family members at each session, opportunities active in the program during report period with 10% retention (unduplicated) goal Number of agreements Final Quarter executed to increase permanent housing 10 Agreements Number of Motel/interim housing End of 1 st Quarter operators engaged to increase interim housing 3 Operators Number of agreements 2nd Quarter executed to increase interim housing 3 Agreements Task V: Establish and Implement the Interim Housing and Short-term Rental Assistance Programs Activities Metrics Deliverables Motel vouchers Number of new motel locations providing 3 th Quarter interim housing 3 motels Number of new rooms secured for interim 3 th Quarter housing 1 new rooms Number of individuals and family members Final Quarter newly enrolled during report period 60-100 individuals (unduplicated) Number of individuals and family members active in the program during report period Final Quarter (unduplicated) 60-100 individuals :0211 kv-11 STATEMENT OF WORK Task VI: Establish Access Center, Navigation Center and Services Program Activities Number individuals and family members who Deliverables Establish an Access Center to centralize exited to any destination during report period Final Quarter (unduplicated) 50 individuals Number of individuals and family members who exited to permanent housing destination Final Quarter during report period (unduplicated) 10 individuals Short-term Rental Number of individuals and family members Assistance Program newly enrolled in the program during report 3rd Q 6arter with supportive period. (unduplicated) 30 (10 per site) services targeting lower/medium acuity Number of individuals and family members clients. active in the program during the report period. Final Quarter (unduplicated) 60 individuals Number of individuals and family members Final Quarter who exit short-term rental assistance program 60 individuals (undu licated) Number of individuals and family members Final Quarter who obtained employment (unduplicated) 15 individuals Number of individuals and family members 3rd Quarter who were connected to benefits (unduplicated) 60 individuals Number of individuals and family members Final Quarter who retained permanent housing (reached the Unknown 6 -month retention milestone from date of placement) after exiting rapid rehousing Number of individuals and family members Final Quarter placed in short-term rental assistance program 30 individuals who were eligible to meet the 6 -month retention milestone (DENOMINATOR FOR ABOVE METRIC) Number of individuals and family members Final Quarter who retained housing (reached the 12 -month Unknown retention milestone from date of placement) Number of individuals and family members Final Quarter placed in permanent housing who were 30 individuals eligible to meet the 12 -month retention milestone (Denominator for the above metric) Number of Security Deposits provided 25 Deposits Task VI: Establish Access Center, Navigation Center and Services Program Activities Metrics Deliverables Establish an Access Center to centralize Access Center location(s) 2nd Quarter 1 in El Monte EXHIBIT A STATEMENT OF WORK homeless prevention Number of individuals and family members Final Quarter activities served at access center location Note: Funds (unduplicated) ($5,000) allocated to El Monte Access Center, please clarify amount of allocation Number of individuals and family members Final Quarter connected to services during the report period N/A (unduplicated) Note: Funds ($5,000) allocated to El Monte Access Center, please clarify amount of allocation Establish available Number of lockers available at the navigation lockers and center 2nd Quarter connection to laundry 30 individuals facility Number of individuals and family members utilizing lockers during the report period. Final Quarter (unduplicated) 100 individuals Number of individuals and family members Final Quarter, or accessing laundry services (unduplicated) 33 per quarter, 200 Individuals Total Installation of Shower Number of shower stalls provided to serve 2rd Quarter Facilities individuals and families experiencing 4 stalls per site, at homelessness 3 sites, 12 Total Number of individuals and family members Final Quarter accessing shower facilities during report 30 individuals per period. (unduplicated) Quarter Avg, 180 Total Number of days in the report period that Final Quarter showers were made available to people 30 per Quarter experiencing homelessness Avg, 180 Total Establish a Number of individuals and family members Final Quarter Prevention/Diversion received prevention/diversion services 60-100 individuals Program to offer _ (unduplicated) EXHIBIT A STATEMENT OF WORK rental Number of individuals and family members Final Quarter assistance/resources prevented from becoming homeless during 60 individuals report period (unduplicated) Task VII: Increase employment services Activities Target Outcome I Deliverables Develop an employment/jobs plan Joint Powers Authority 2nd Quarter among Cohort with a local hire Employment/Job plan 1 Plan for Cohort model. RHTF established. describing progress Formalize partnership with non-profit Provide report on partnerships 3 th Quarter agencies, who offer specialized and employment opportunities Single Partnership employment/job development tools, created involvement of and EDD to increase opportunity for Baldwin Park. clients to secure jobs and increase income. Task Vill: Regional Housing Trust Fund Activities Target Outcome Deliverables Support the establishment of a Joint Powers Authority Narrative included Regional Housing Trust Fund negotiations complete and in quarterly report Assessment of Baldwin Park's Public or Private RHTF established. describing progress Land, Private Property, and valuate options to toward formation of implement Land Use, Zoning, Affordable Housing RHTF and Policy, and Hotel/Motel Conversions. Interact with involvement of City Council and Planning Commission Baldwin Park. Section Ill. Staffing Provide description of staff roles that directly support the successful implementation of the funded program(s). Staff may include City personnel and/or City's sub-contractor(s) Program Name: Baldwin Park, El Monte and South El Monte (Cohort) Homelessness Implementation Plan Entity :Title Description of Key'Activities Baldwin Park City Planner/ Oversight and coordination with Consultant in Associate Planner Assessment of Baldwin Park's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission EXHIBIT A Community Provide oversight of Employment Services and Development Director various PA 1 and PA 2 activities within the City of Baldwin Park Recreation and Provide oversight and direction of Shower Program, Community Services Navigation and Lockers Director Housing Manager Pursue funding to expand housing development, increase shelter options/services. Housing Specialist Provide Interim Housing and Motel Vouchers El Monte Associate Planner Oversight and coordination with Consultant in Assessment of El Monte's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission Housing Manager Provide oversight of prevention/diversion and other PA 2 funded services, such as, short term rental assistance with supportive services Administrative Provide administrative support for PA1/PA 2 Technician activities South El Monte Director of Community Oversight and coordination with Consultant in Development Assessment of South El Monte's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission Deputy City Manager Provide oversight of various PAII and PA 2 activities within the City of South El Monte Community Services Provide direction and support for Housing Executive Navigator/Case Manager within the City of South El Monte, Data collection and reporting. Baldwin Park, Development/Planning Work directly with each cohort city to evaluate El Monte, Consultant options to implement land use/zoning changes, such South El Monte as Motel Conversion and Low-income Fee Waivers for Accessory Dwelling Units. Consider aligning land use/zoning policies to match LA County. Evaluate the establishment of an inclusionary housing ordinance. For cities with their own Housing Authority, consider prioritizing Housing Choice Vouchers for persons experiencing [chronic] homelessness. Baldwin Park, Homeless Housing Within each cohort city, work with landlords to El Monte, Coordinator provide clarity on process to increase housing units, South El Monte assistance with tenants (workshops for paperwork, education on unit maintenance, self-observation techniques, as well as provide quarterly observation EXHIBIT A STATEMENT OF WORK site visits for recommendations of annual inspections to strengthen longevity in rental unit. Host lunch/dinner special informational events to attract new landlords. The program will overall establish and carry -out mutual objectives between land lord/tenant/city and County services leading to systemic improvements and securing the available units expeditiously. Coordination between cities and CES and regional county efforts is integral to successful implementation of Cohort Plans. Coordinator will serve to establishing the development of relationships with Motel vendors, landlords and property managers for rapid rehousing, and doing work to support creation of new housing/shelter. Baldwin Park, Development Work with each cohort city to assess and appraise El Monte, Consultant existing public or privately -owned land/property South El Monte resources to determine the feasibility of use for interim or permanent housing. Prepare report of assessment findings. Baldwin Park, Housing Provide support to residents at risk of, or El Monte, ' Navigator/Case experiencing homelessness to locate housing and South El Monte Manager connect to other housing services funded through PA 1/PA 2 1. Provide copy of any Within 60 days of contract execution (if an early payment agreements necessary to is needed to start implementing the program, this implement the funded deliverable can be submitted earlier) program (MOU/Joint- Use). Subcontracted February 28, 2021 agreements necessary to implement the funded program in advance for County approval. 11. Provide copy of any ADU Upon completion Project Plans or related draft ordinances 11. Submit Quarterly Reports Within 30 days after each quarter of program and supporting implementation documents. * Milia! it 0 r =0 I M F T M 1 M I W, DMIM M M 1-0 MAN September 1, 2020 — November 30, 2020 December 1, 2020— February 28, 2021 February 28, 2021 Prior to contra on i Quarterly Reports and Invoices shall be submitted to County Chief Executive Office - [WN: 114 k 9 -.1 PRICING SCHEDULE Total Contract Budget: $1,074,820 The contract sum of $698,400 for PA1 and PA2 activities to be paid by County of Los Angeles. The County will pay up to 1/4 of the total contract sum upon receipt of invoice and/or upon execution of the subcontracts necessary to perform contract services. The allocated amount of $376,420 for Regional Housing Trust Funds (RHTF) will be disbursed accordingly once operating budget has been established by City and approved by County, and official formation of RHTF. The County will pay $169,430 of the total allocated RHTF amount upon execution of the subcontracts to perform contract services. The remaining contract sum and RHTF amount shall be paid out based on reimbursable charges over the term of the agreement. CITY PERSONNEL COSTS Total Costs Not to Ekceed PA 1 — City Plan ner/Associate Planner (City of Baldwin Park) $21,450 PA 1 — Associate Planner (City of El Monte) $11,324 PA 1 — Director of Community Development (City of South El Monte) $10,800 S UBTOM"'(CITY, PERSON NE L -COSTS) ... ..... . $43,574" NON - PERSONNEL COSTS Sub-Contract/Consultant Costs: Total Costs Not to Exceed PA1 - Development/Planning Consultant $ 30,000 PA1 - Permanent Housing Capital Improvements $ 30,000 PA1 - Homeless Housing Coordinator $ 81,200 PA1 - Motel Vouchers for Interim Housing $ 97,526 PA1 - Short -Term Rental Assistance/Rapid Rehousing $ 85,500 PA1 - Development Consultant $ 45,000 PA2 - Prevention/Diversion Program $ 87,000 PA2 - Employment Services $ 27,000 PA2 - Landlord Engagement/Incentives Program $ 25,000 PA2 - Showers Program $ 18,000 PA2 - Navigation Center/Lockers $ 30,000 PA2 - Access Center $ 5,000 PA2 - Housing Navigation/Case Management $ 93,600 SUBTOTAL)'NON�..�!�PERSONNELtOti�$) $654,826 TO T I A tb b, PER NNE �,-N N P ST EXHIBIT B REGIONAL HOUSING TRUST FUND (RHTF) RHTF Funds disbursed accordingly once operating budget has been established by City and approved by COUNTY, and official formation $376,420 of RHTF. TOTAL CONTRACT SUM $ l-,074,820 *Changes within line items and/or categories require written authorization from the County Project Manager. Written authorization may be defined to include letter, email, and fax. A contract amendment is not required for changes within line items and/or categories. EXHIBIT B CITY MATCH COMMITMENT: $237,628 This section onlv applies to procirams funded under Prioritv Area 2. PERSONNEL COSTS (City Personnel Only) Position Title No. of Hours to be worked over Total Cost to the the life of contract (#FTE) City Baldwin Park Personnel Community Development Director $ 50,000 Costs @$15,000 @$71.48p/hr x 1 1.5hrs p/month x1 8months=$14,796.36 Recreation and Community Services Director @ $7,600 @$86.85/hr x 4.8hrs p/month x1 8 mts=$7,503.84 Housing Manager @$14,400, @52.71 /h r x 15 h rs p/mo nth x 18mts=$14,231.70 Housing Specialist @ $13,000. @$22.47/hr x 32hrs p/month x 18mts $126,165=$12,942.72 City of El Monte Housing Manager 278 Hrs. @ $ 28,851 ($42.90 FTE) =$11,964; Administrative Technician, 968 Hrs. @ ($17.45 FTE) = $16,887 City of South El Monte Deputy City Manager 262 hrs. @ $ 32,612 ($75.00 per hr. FTE= $19,657; and Community Services Executive, 308 Hrs. @ ($42.26 per hr. FTE) =$12,955 SUBTOTAL (City Personnel Only) $111,463 NON - PERSONNEL COSTS City Match Commitment to Program Services being performed $ 14,976 by intern/volunteers (32hrs/month x 18months=576hrs) valued at $26/p/hr =$14,976. Baldwin Park $ 40,093 Office Space $2.50 sq.ft @585sq.ft. = $1,462 x1 8months=$26,325 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 EXHIBIT B Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050 Total: $40,093 El Monte $ 35,548 Office Space $2.20 sq.ft @550 sq.ft. = $1,210 x1 8months=$21,780 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050. Total= 35,548.00 South El Monte $ 35,548 Office Space $2.20 sq.ft @550 sq.ft. = $1,210 x1 8months=$21,780 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050 Total: $35,548 Note* City Match Commitment to Program Services being performed by subcontracted providers @$40,000 (can be an additional match should it be deemed eligible, totaling city match to $75,548 and overall cohort match @$277,628) SUBTOTAL (NOW PERSONNEL COSTS) $126,165 TOTAL CITY COMMITMENT $237,628 ��0�i City of Baldwin Park Contractor Name 14403 E Pacific |d iPark, Address 95-6005574 Internal Revenue Service Employer Identification Number In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the contractor, supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti- discrimination laws of the United States of America and the State of California. 1. The Contractor has a written policy statement prohibiting Yes El No discrimination in all phases of employment. i 2. The Contractor periodically conducts oself analysis Yes El No[] or utilization analysis of its work force. 3. The Contractor has a system for determining if Yee in No [] its employment practices are discriminatory against protected groups. 4` Where problem areas are identified inemploymen1 YeaDO No practices, the Contractor has asystem for taking reasonable corrective action, toinclude establishment of goals or timetables. Exhibit D COUNTY'S ADMINISTRATION CONTRACT NO. AO -20-610 COUNTY PROJECT DIRECTOR: Name: Title: Address: Telephone: Jerry Ramirez Manager, CEO 500 West Temple Street, Room 493 LA, CA 90012 Facsimile: E -Mail Address: COUNTY PROJECT MANAGER: Name: Leticia Colchado Title: Principle Analyst Address: 500 West Temple Street, Room 493 Los Angeles, CA 90012 Telephone: Facsimile: E -Mail Address: Icolchado(a)-ceo.lacounty.gov COUNTY CONTRACT PROJECT MONITOR: Name: Title: Address: Telephone: Facsimile: E -Mail Address: EXHIBIT E CONTRACTOR'S ADMINISTRATION CONTRACTOR'S NAME Citv of Baldwin Park CONTRACT NO: AO -20-610 CONTRACTOR'S PROJECT MANAGER: Name: Manuel Carrilo Jr. Title: Director of Recreation and Communitv Services Address: 4100 Baldwin Park Blvd. Baldwin Park. CA 91706 Telephone: (626) 813-5247 Facsimile: (626) 814-2998 E -Mail Address: mcarri I lo(cD_baidwi n park. com CONTRACTOR'S AUTHORIZED OFFICIAL(S) Name: Manuel Lozano Title: Mavor Address: 14403 E. Pacific Ave. Baldwin Park. CA 91706 Telephone: (626) 813-5201 Facsimile: (626) 962-2625 E -Mail Address: m lozano(cD- baldwin park. com Notices to Contractor shall be sent to the following: Name: Manuel Carrilo Jr. Title: Director of Recreation and Community Services Address: 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Telephone: (626) 813-5247 Facsimile: (626) 814-2998 E -Mail Address: mcarri I loCa). baldwin park. com EXHIBIT F CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT (Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the Contract until County receives this executed document.) CONTRACTOR NAME: City of Baldwin Park - Contract No. AO -20-610 GENERAL INFORMATION: The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services to the County. The County requires the Corporation to sign this Contractor Acknowledgement and Confidentiality Agreement. CONTRACTOR ACKNOWLEDGEMENT: Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and independent contractors (Contractor's Staff) that will provide services in the above referenced agreement are Contractor's sole responsibility. Contractor understands and agrees that Contractor's Staff must rely exclusively upon Contractor for payment of salary and any and all other benefits payable by virtue of Contractor's Staff's performance of work under the above -referenced contract. Contractor understands and agrees that Contractor's Staff are not employees of the County of Los Angeles for any purpose whatsoever and that Contractor's Staff do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above - referenced contract. Contractor understands and agrees that Contractor's Staff will not acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles. CONFIDENTIALITY AGREEMENT: Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of Los Angeles and, if so, Contractor and Contractor's Staff may have access to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, Contractor and Contractor's Staff may also have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession, especially data and information concerning health, criminal, and welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County work, the County must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such data and information. Consequently, Contractor must sign this Confidentiality Agreement as a condition of work to be provided by Contractor's Staff for the County. Contractor and Contractor's Staff hereby agrees that they will not divulge to any unauthorized person any data or information obtained while performing work pursuant to the above -referenced contract between Contractor and the County of Los Angeles. Contractor and Contractor's Staff agree to forward all requests for the release of any data or information received to County's Project Manager. Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other original materials produced, created, or provided to Contractor and Contractor's Staff under the above - referenced contract. Contractor and Contractor's Staff agree to protect these confidential materials against disclosure to other than Contractor or County employees who have a need to know the information. Contractor and Contractor's Staff agree that if proprietary information supplied by other County vendors is 7*R9.T--1W1 P" " - . 0.1 - 11 Is A 1 11 . 1 0 provided to me during this employment, Contractor and Contractor's Staff shall keep such information confidential. Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and Contractor's Staff to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress. I agree that all materials, documents, software programs and documentation, written designs, plans, diagrams, reports, software development tools and aids, diagnostic aids, computer processable media, source codes, object codes, conversion aids, training documentation and aids, and other information and/or tools of all types, developed or acquired by me in whole or in part pursuant to the above referenced contract, and all works based thereon, incorporated therein, or derived therefrom shall be the sole property of the County. In this connection, I hereby assign and transfer to the County in perpetuity for all purposes all my right, title, and interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, pateni rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, I agree to promptly execute and deliver to County all papers, instruments, and other documents requested by the County, and to promptly perform all other acts requested by the County to carry out the terms of this agreement, including, but not limited to, executing an assignment and transfer of copyright in a form substantially similar to Exhibit M 1, attached hereto and incorporated herein by reference. IRI ROOM MIA I acknowledge that violation of this agreement may subject me to civil and/or criminal action and that the County of Los Angeles #)ay seek all possible legal redress. SIGNATURE: DATE: PRINTED NAME, Manuel Lozano POSITION:- ---Mayor Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.010 Findings. EXHIBIT G The board of supervisors makes the following findings. The county of Los Angeles allows its permanent, full- time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a potential financial hardship for employees who do not receive their pay when called to jury service, and those employees often seek to be excused from having to serve. Although changes in the court rules make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and increases the burden on those employers, such as the county of Los Angeles, who pay their permanent, full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined that it is appropriate to require that the businesses with which the county contracts possess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002) 2.203.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" means a person, partnership, corporation or other entity which has a contract with the county or a subcontract with a county contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more such contracts or subcontracts. B. "Employee" means any California resident who is a full-time employee of a contractor under the laws of California. C. "Contract" means any agreement to provide goods to, or perform services for or on behalf of, the county but does not include: 1 A contract where the board finds that special circumstances exist that justify a waiver of the requirements of this chapter; or 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; or 3. A purchase made through a state or federal contract; or 4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, or reseller, and must match and inter -member with existing supplies, equipment or systems -maintained by the county pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-3700 or a successor provision; or 5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.4.0 or a successor provision; or 6. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-281 0 or a successor provision; or 7. A non -agreement purchase with a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision; or EXHIBIT G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section PP -1 100 or a successor provision. D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if: The lesser number is a recognized industry standard as determined by the chief administrative officer, or 2. The contractor has a long-standing practice that defines the lesser number of hours as full time. E. "County" means the county of Los Angeles or any public entities for which the board of supervisors is the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), 2002) 2.203.030 Applicability. This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This chapter shall also apply to contractors with existing contracts which are extended into option years that commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002) 2.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees' regular pay the fees received for jury service. (Ord. 2002-0015 § 1 (part), 2002) 2.203.050 Other Provisions. A. Administration. The chief administrative officer shall be responsible for the administration of this chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations of the provisions of this chapter and shall issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other county departments. B. Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county that it has and adheres to a policy consistent with this chapter or will have and adhere to such a policy prior to award of the contract. (Ord. 2002-0015 § I (part), 2002) 2.203.060 Enforcement and Remedies. For a contractor's violation of any provision of this chapter, the county department head responsible for administering the contract may do one or more of the following: 1. Recommend to the board of supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002) Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.070. Exceptions. EXHIBIT G A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee in a manner inconsistent with the laws of the United States or California. B. Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining agreement that expressly so provides. C. Small Business. This chapter shall not be applied to any contractor that meets all of the following: 1 . Has ten or fewer employees during the contract period; and, 2. Has annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, are less than $500,000; and, 3. Is not an affiliate or subsidiary of a business dominant in its field of operation. "Dominant in its field of operation" means having more than ten employees and annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1 (part), 2002) 2.203.090. Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions - shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002) e EXHIBIT H SAFELY SURRENDERED BABY LAW EXHIBIT H How does it work? A distressq.�d parent who is unable it unwiffing to �jrc for a ba6),1 can Icgofly, confidentrafly, and cafely surrendcr a bab v withni three day� �72 liounO of birth, The haby must be handed to, an Co1Ph>VCC at a hvvirital or FrTC station in I sus Angdes Coi trro'� As long :o the baby 4sows no sign of abunc (n negtect, 1n) narne or other information i,� required. In �:aw the parent change, ho or her mind at a later date and wants the baby back, seaff will use bracc�cts te, help connect them to each other, One bracelet will he placid on tire baby, and a marching bracclirr wifl be given to the parent or other surrendcring 2duh, What it a parent wants Ove baby back? P,,rrcr, ts who change tlici r minds ca n lw,gin the prorass of reclainsing their balcy within 14 clay's, Theac parents should call the Lsys Angeles County Department ofChildren and Famity Services at 1-800-540-40W Can only a parent bring in the baby? No. Whilc in most czacs a parent will bring in the baby, the Lary Alorrs other people to bring in the lvaby if they have lawfut custaid1v Does the parent or surrendering adult have to call before bringing in the baby? No� A parent or surrendering adult can bring in a babyanytinae, 24 bouts a day, 7 chnss a svck, as tong ws the parent or surrcridering aduh eurrerixIcn- dec �aby to a(trisconc who works at the hospical or fire station. Does the parent or surrendering adult have to tell anything to the people tiking the baby? No, Haorier, lrnpitai or Ciro station fersonroll willask thc smarndering party to fill aut a questionnaire dcsi�gncd to prbcr 4nportanr mcclical liksory inCortnation, cvhicb n ven, tawful in ,:aring for the baby, The citics6onnairc induAce .1 starrip"i return cm,"topc and can be scot in at i later time, What happens to the baby? The leaby� will be examined and given nic4ical zmatnuntr, U n release friam the hospital, social workers ininiceliarcly place, flic baby in asak and losing horric and begin the adoption process, Whai happens to the parent or surrendering adult? (,,)ncc the parent or surrendering adult surrenders the 6AkV U) 1101jutlt or f4c station persontreL they may icave at any time, Why is California doing this? The purpoec of the Safely Surrendered Baby Laav is to protcct babics from being abandoned, hurt or killed by their parents. You may have ficart! tragic stories of babies left in dumpoicio, or pulstic: bathroorns, Their lonvists nray have bccn under severe emotional distress. 'no, raothers may have hiddcn their pregnancies, fearful of what wssukl haplects if thcir families found ous, Because dicv were afraid and had no oric or ranvitcre to turn far help, the ' v ab,vidoned dicir babies, Abancharring a baby is illegal and pfaacs the baby in extreme dangm 'Teo often, it rrsuks in dic babve death, The Saftly Surrierilred Baby Law prevents this tragody From ever happening agam in California, IWARM-11fill EXHIBIT H jUmo funciona? ZEs necesario que el padre/ Fl padre/madre con dificultarles qvw no madre o adulto diga algo a las pueda o no quicra cuidar desu reci6n personas que reciben al bebO? nacido puede entregarlo an forma legal, No. Sin embargo, el personal del hospital o confidencial ysegura dentro de Jos tres dfas cuArtl de bomberos le pedira a la persona ('172 lloraa) del nacimiento. El lxb� deLv ser que entregue al bek� que Ilene un entregado a Lill ampleado dc cualquier cuestionario con la finaliclad dc r,(abar bo�piud o cuartel de bornbcros del Conclado anteccdentes m6dicos itnportante.�, que de Los �'�Ligdcs. Sicnipic que ol 6�b,' no rQsultan, de grall Litilidad para cuidar bien prejente si&nos de abuso o neglig�mcia, no (let L-b�, El C[106013ariO indUYT Llnsobr,� smi necesario surninktrar nombres ni con at scllo postal pagado para criviarlo en informaci6n a1guna- Si el padre/madis otro momento. cambia de opini6n postenomente ly desca N(Uperar asu lx-b�, 6 trabujadores jQu6 pasard con ell bebd? atilimi-An hamletes para poder -vincularlos. 11 heb6 serd examinado v le brindarin Et Lwb� flevard Lin biazatcte y d atenci6n medica. Cuando Ic elm el alra &I padrchnad(c o el adulto que to entieguc bospital, los tralsajadores sociales recibini Lin brazalete igUal. inruediatamentc ubical-An at bebc an un bo&ar seguro donde estard bien alandido, y jQu6 pasa s! el padre/madre se coman7ani d proceso de adopcj6n. desea recuperar a su bebV Los padres que cambien de opinirin IQud pasar4i con ell padre/madre pueden comenzar a[ proceso de reclamar a o adulto que entregue al bebd? su rccih nacido dmuc, do Jos 14 dies. Una vez que los padres o adulto hayan Estes padres deberdri llarnar at entrcgado al beb�4 ,it personal del hospital o Departarnento de Strvicios para Nifios y cuartel de bomberos, pueden irse an Famitias (Department of Cbildren and cualquier monicirto. Family Services) del Condado de Los Angeles at 1-800-540-4000. jPor quo se estS haciendo esto en California? ? IS& Ios padres podr6n Illevar la finalidad de la Ley de Entrega de Beb6s al recidn nacido? sin Peligro es proteger a los beb,,,s pars. que No. Si bien en ka mayora cle, los casos no sean abandonados, lastimados o son los padres Jos qLc flevan at bcb�., ]a mucrtos por SLIS padres, Usted to), permice qLIC otras personas lo hagan probablamentc haya escuchado Iiitorias si tienest mstofka legal. tnigicas sobre beb,-s abandonados en bisurems o eta bafios pdblicos. Los padres ILos padres o el adulto qua de esos laeb�s probablemente hay -an estacto entrega all beb6 deben Ilamar pasando por dificuttades emocionales antes de Illevar all bebV grave& Las madres pre�den haber ocultado No. El pactrelmadre o adulto puede llovar su embarazo, por temor a to que pasaria si at bk� an cualquier momento, las 24 SLIS filinilias se enteraran. Abanclonaron a horas del dia, Jos 7 dias do la semana, sus bebe� porque terrian iniedo v no tonfan siempre v cuando entreguen a su beb� a tin nadie a quien pedir avrida. El abandono emploado del hospital 0 CLIariel do & LID reci,"n nacido es flegal y pone at beb6 bornberos. en una situaci6n de peligro extremo, NILLY a menudo el abandono provoca la muerte del beb�. la Ley de Entrega de Bela6s sin Peligro im picle que VUelva a suceder esta tragedia en California. nacido saludable a las enfiermeras del -1 3 _M 11 M1 Company Name: City of Baldwin Park Company Address, 14403 E. Pacific Avenue, Baldwin Park, CA 91706 City: Baldwin Park State'. CA Zip Code- 91706 Telephone Number'. (626)813-5201 Email address: miozano@baldwinpark.com Solicitation/Contract for Cities Homeless Plans Implementatio Services PROPOSER/CONTRACTOR CERTIFICATION The Los Angeles County Board of Supervisors approved a Fair Chance Employment Policy in an effort to remove job barriers for individuals with criminal records. The policy requires businesses that contract with the County to comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History (California Government Code Section 12952), effective January 1, 2018. Proposer/Contractor acknowledges and certifies compliance with fair chance employment hiring practices set forth in California Government Code Section 12952 and agrees that propose r/contractor and staff performing work under the Contract will be in compliance. Proposer/Contractor further acknowledges that noncompliance with fair chance employment practices set forth in California Government Code Section 12952 may result in rejection of any proposal, or termination of any resultant Contract, at the sole judgment of the County. MEW�l AMENDMENT No. ONE BETWEEN COUNTY OF LOS ANGELES AND CITY OF BALDWIN PARK FOR CITY PLANNING GRANT — YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS This Amendment No. One ("Amendment") to Contract AO -20-609 ("Contract") is entered into this day of Februga 2021, by and between the County of Los Angeles (hereafter "COUNTY") and City of Baldwin Park (hereafter referred to as "CONTRACTOR" or "CONSULTANT"), to provide the Homeless Services. WHEREAS, on March 20, 2020, the COUNTY entered into a Contract with the CONTRACTOR to implement the cities homelessness plan; and WHEREAS, on August 24, 2020, the Board of Supervisors was advised via the Homeless Initiatives Quarterly report that the COUNTY and CONTRACTOR mutually agree to extend the contract term from February 28, 2021 to June 30, 2021; and WHEREAS, on December 28, 2020, the Board of Supervisors was advised that the CEO would be exercising its delegated authority to extend the contract term from June 30, 2021 to December 31, 2021, to provide additional time for cities and COGs to utilize funds previously allocated to support the Cities' Homelessness Plans and Innovation Funds Grants; and WHEREAS, the COUNTY and CONTRACTOR mutually agree to the following: 1) modify Section 4.1, Term of Contract, extending the contract term from February 28, 2021 to December 31, 2021; and 2) replace Exhibit A, Statement of Work, with the revised Statement of Work to add additional tasks, at no additional cost. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and effective upon full execution, it is agreed between the parties that the Contract shall be amended as follows: 1. Section 4, TERM OF CONTRACT, Subsection 4.1, shall be deleted in its entirety and replaced as follows: 4.1 The term of this Contract commenced on March 20, 2020, and shall expire on December 31, 2021, unless sooner terminated or extended, in whole or in part as provided in this Contract. 2. EXHIBIT A, Statement of Work, is deleted in its entirety and replaced with Exhibit Al, Statement of Work, attached hereto. 3. Any and all remaining references to Exhibit A, Statement of Work in the Contract, its Table of Contents, any Amendment and Exhibits shall now be references to Exhibit Al, Statement of Work. 4. All other Contract terms remain in full force and effect. im IN WITNESS THEREOF, COUNTY has caused this Amendment No. 1, to Agreement No AO -20-609, to be executed by the Chief Executive Officer. CONTRACTOR has caused this Amendment No. 1 to be executed by its duly authorized representative. COUNTY OF LOS ANGELES I BY6;�F;IA A DAVE__NPORT Date __)d�� Chief Executive Officer APPROVED AS TO FORM: BY COUNTY COUNSEL RODRIGO A. CASTRO-SILVA B SEVANNA HARTONIANS Deputy County Counsel CITY OF BALDWIN PARK B Print NameM"Ovtt- 14AL-.4'p Title EXHIBIT All City of Baldwin Park City Homelessness Plan Implementation Grant Section 1. Overview On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the Hl in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi -jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the City of Baldwin Park has a homeless count of 289 individuals and family members. The City of Baldwin Park's long-term vision is to create a system change and set in place efficiencies through policies and programs that will align with the County's. The City's five-year homeless plan sets the course for the city to further address the needs of its homeless residents and those who are at risk of homelessness, as well as to participate in regional solutions. Specifically, the work that will be done as part of the multi -jurisdictional proposal with the cities of El Monte and South El Monte will support city efforts to coordinate and increase the capacity of existing programs and services, increase and better coordinate outreach and engagement activities, educate and build community support for homelessness best practices, and pursue resources that align with the goals set forth in the City's Homeless Plan, including increasing the number of shelter beds and affordable housing units within the city. Since the completion of its homeless plan in 2018, the City of Baldwin Park has been working to combat homelessness and has developed a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness in their city; and 2) enhance the availability and access to homeless services in the city to prevent and combat homelessness (through multi - jurisdictional proposal). Baldwin Park, through its Department of Parks and Recreation and Community Services will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), I and the HI, with whom planning work is already underway. The proposed project is a result of discussion between city leadership and stakeholders, and supports the city's goals and objectives as described below: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing • Create Shelter Options in the City • Create New Affordable/Supportive Housing Section Ill. Objectives and Program Description Please check all that apply: * Priority Area 1 - Increase the supply of supportive and interim housing for people experiencing homelessness * Priority Area 2 - Enhance the effectiveness of County service systems for those experiencing and/or at -risk of homelessness. Pfiod!y_ �rea 1 - The City of Baldwin Park will secure technical assistance and consulting services to support a land assessment and feasibility study, and will include the following objectives: • Develop and implement land acquisition strategies that will result in an increase in supportive housing supply • Implement land use/zoning changes to reduce barriers to interim and permanent housing • Achieve city compliance with CA Senate Bill 2 • Implement city policy changes that result in changes to increase the housing supply The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi -jurisdictional proposal with the Cities of El Monte and South El Monte and expand the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities: 1 . ADU Ordinance: Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with State law but left it open to consider additional amendments related to reducing permit fees and providing other incentives, such as a subsidy to property owners who commit to renting to homeless individuals/households or voucher holder, Grant funding will be used to assess the feasibility of enhancing or making additional changes to the City's ADU ordinance to expand housing resources in the City. 2. Hotel/Motel Conversion: The City will assess whether any local hotels/motels could be converted to housing for people experiencing homelessness. Z= 3. Vacant or Underutilized Public and Private Land: The City will identify vacant or underutilized public land that could be used for affordable/supportive housing. This includes City, County, and Caltrans property. 4. Scattered Site Housing: The City will investigate the Scattered Site Housing, a housing development approach that can meet the needs of seniors and families with low -to -moderate incomes. Affordable housing developments can be used as a community revitalization tool, especially when units are built on scattered sites throughout the community. 5. Inclusionary Zoning/In-Lieu Fees: The City will develop and implement guidance on best practices for maximizing affordable units on sites, including recommendations about opportunities associated inclusionary housing, in lieu fees, up -zoning, and reduced parking requirements. The above referenced Priority Area 1 projects support the goals of the City of Baldwin Park and addresses the following HI strategies • Strategy F6, Using Public Land for Homeless Housing • Strategy F7, Preserve current affordable housing and promote the development of affordable housing for homeless families and individuals • Strategy F4, Development of Second Dwelling Unit Pilot Program • Strategy E8, Enhance the Emergency Shelter System. Section Ill. Tasks Task 1: Deve o, t e necessary aqreem ts to implement the program. Activities Target Outcomes ue Date City of Baldwin Park will enter into a Executed Subcontractor 60 days after subcontract with a consultant to Agreement contract execution. implement Priority 1 activities identified above; submit draft copy of subcontractor agreement for County approval. Task II: ADU Ordinance Review bv Consultant — - — ---------- - . . ... .. ............ Ian and timeline for land cy assessment Kepul E on the number and 16cations�of existing ADU's Conduct a review of ordinances that Provide report on review of were established to incentivize housi. ordinance and policies with City EM to address homelessness in other staff and stakeholders, including jurisdictions recommendations for ordinance changes Meet with the Planning Department and Provide report on outcomes of Q1 Housing Authority to discuss potential discussion with staff and changes to the ADU ordinance stakeholders ... . . .. ..... ... ................. ..... . . Develop ADU and/or Zoning Ordinance Final adopted ordinance (s) Q4 revisions Conduct community meetings with Conduct three communiFy- _Q2 property owners to explain ADUs as meetings in both English and affordable and homeless housing Spanish. options, in culturally competent terms underutilized land with an emphasis on Schedule community meetings with presentation to Council. Task III: Explore Hotel/Motel Conversi n ActivitiOs' Tartilet, Outcomes Deliverables Develop a list of hotels/motels located Provide a report and presentation Q2 within the City development recommendations Determine whether any existing Prepare report and presentation on Q4 hotels/motels are viable candidates for findings for City staff recommendations conversion based on current utilization, �addifi6ns and deletions analysis of current and potential Prepare guidance on best practices for Deliver report to City staff, including proposed zoning, and alignment within maximizing affordable units on sites recommendations and a list of Jhe��... Task IV: Identify Vacant or Underutilized Public and Private Land to be used for Homeless Housina Research publicly -owned vacant and J Provide a report to City staff, underutilized land with an emphasis on including a list of publicly -owned parcels close to transit and other vacant and underutilized land, amenities that would make them citing feasibility for potential potentially suitable for housing development, and/or development recommendations Review the Housing Element site Report to staff with inventory and Tecommend changes, recommendations �addifi6ns and deletions Prepare guidance on best practices for Deliver report to City staff, including maximizing affordable units on sites recommendations and a list of opportunities Task V: Provide Assessment on feasibility of Scattered Site Housl Activities Target Outcome Deliverables; Research Scattered Site Housing to Deliver report to City staff, including Q2 determine if this is a feasible housing recommendations and feasibility development approach for the City study relative to Scattered Site Housing opportunities Task VI: In Research best practices for maximizing Deliver report to City sta - ff Q3 siting of affordable housing, including including recommendations about recommendations about opportunities opportunities associated associated with inclusionary housing, in- inclusionary housing lieu fees, up -zoning, and reduced parking requirements Section IV. Staffing Provide description of staff roles that directly support the successful implementation of the funded prograrl Staff may include City personnel and/or City's sub-contractoll Program Name: Baldwin Park Homelessness Implementation Plan Baldwin Park Community Development Project Administrator Director —City Baldwin Park —Planner Research and analysis, reports, liaison with community support Baldwin Park Associate Planner _,A�aff Research and analysis, staff support Baldwin Par Economic Development Research and analysis, staff support Director Baldwin Park Recreation and Community Liaison with community, and non-profit agencies, Services Director and County, Baldwin Park Housing Manac ier 1 Liaison with community for landlord engagement, scatter site housing models, and CIP. Baldwin Park Housing Specialist Research and analysis, staff support Page 7 Section V. Deliverables Defiverables Due Dates 1. Provide copy f Within 60 days of contract execution (if an early payment is any agreements necessary needed to start implementing the program, this deliverable can to implement the funded be submitted earlier) program; submit copies of draft subcontractor agreements for County II. Submit Quarterly Reports and supporting Reporting Period Submit Report documents. Dates to depend on the date of contract execution March 1, 2020 - May 31, 2020 June 30, 2020 June 1, 2020 - August 31, 2020 September 30, 2020 —26-2-0 --§-eptember 1, 2020 - November 30, December H1, 2020 December 1, 2020 - February, 2021 March 31, 2021 March 1, 2021 - Mav 31, 2021 June 30, 2021 — - ----- --j—une ' 1, 2021 - A 31,2021 §epte�mbe�rW, 20271 Ill. Submit Final Prior to contract expiration: December 31, 2021 Quarterly Reports and Invoices shall be submitted to County Chief Executive Office - Homeless Initiative at the following email address: HomelessinitiativeCifie �:,Qlacounty._gov. I�m ITEM NO. SA -1 TO: Honorable Chair and Board Members of the Successor Agency ,HU �OF" to the Dissolved Community Development Commission of The City of Baldwin Park IEL LEV� FROM: Rose Tam, Director of Finance JANO DATE: July 21, 2021 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $11,450.00. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The January 26 to July 12, 2021, Successor Agency Warrant with check number 13563 through 13565 in total amount of $11,450.00 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register Payment Number 13563 13564 13565 13565 Check Register City of Baldwin Park, CA By (None) Payment Dates 1/26/2021 - 7/1212021 Payment Date Vendor Name Description (item) Account Number Amount 06/09/2021 CHRISTENSEN & SPATH LLP LEGAL ADVICE, REPRESENTATI 890-40-131-51102-54000 7,200.00 06/16/2021 US BANK TRUST FEES 838-00-000-55750-14900 2,()00.00 06/23/2021 HARRELL & CO ADVISORS, LI -C FY19-2020 ANNUAL DEBTTRA 838-00-000-51101-14900 750.00 06/23/2021 HARRELL& CO ADVISORS, LLC. FY19-2020 ANNUAL REPORT 838-00-000-SI101-14900 1,500.00 Grand Total: 11,450.00 7/12/2021 8�25:25 AM Page I of 2 ITEM NO. SA -2 Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Rose Tam, Director of Finance July 21, 2021 Treasurer's Report — May 2021 SUMMARY Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report TO: OF,11'�, ''r ko FROM: JANO DATE: SUBJECT: ITEM NO. SA -2 Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Rose Tam, Director of Finance July 21, 2021 Treasurer's Report — May 2021 SUMMARY Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2021 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE _YALUE State of California Local Agency Investment Fund (LAIF) City -including General Fund & all other Special Revenue Funds 0.315% Varies Varies $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 Housing Authority 0.315% Varies Varies 14,095.07 14,095.07 14,095.07 14,095.07 26,857,467.42 26,857,467.42 26,857,467.42 26,857,467.42 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 10,005,848.80 10,005,848.80 10,005,848.80 10,005,848.80 Fiscal Agent Funds - Successor Agency (TrustlDebt Service Fund) Varies Varies Varies 0.91 0.91 0.91 0.91 10,005,849.71 110,005,849�71 110,005,849�71 10,005,849.71 $ 36,863,31713 $ 36,863,317.13 36,863,317.13 $ 36,863,317.13 Total Investments $ 36,863,317.13 Cash with Bank of the West City Checking 11,309,051.40 Money Market Plus 42,721 �05 City Miscellaneous Cash 654,890.19 Successor Agency 1,433,756�89 Housing Authority 615,049�66 Financing Authority 11,700�00 Total Cash with Bank of the West 14,067,169.19 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,699�66 Total Cash and Investments $ 51,188,185.98 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012, The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of May 2021 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et 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: Rose Tam Director of Finance STA ITEM NO. 9 TO: Honorable Mayor and Members of the City Council of the City of Baldwin Park FROM: Enrique C. Zaldivar, Chief Executive Officer Rose Tam, Director of Finance DATE: July 21, 2021 SUBJECT: Update of the City of Baldwin Park Fee Schedule Based on Consumer Price Index (CPI) and other Adjustments SUMMARY Article X111C of the State Constitution allows cities to recover all or a portion of the cost of providing exchange -based services through the application of fees. Annually, an updated City-wide Fee Schedule is recommended to (1) maintain appropriate recovery ratios of service costs, (2) add or delete fees for service, and/or (3) incorporate pre-existing fees or charges that should be included in the Fee Schedule. The Los Angeles area annual May 2021 CPI was up 3.9%. Most of the fees in the City of Baldwin Park Fee Schedule will remain the same as the prior year. Any changes to the schedule will come from new or adjusted fees. RECOMMENDATION Staff recommends that the City Council conduct the public hearing, accept public testimony, and approve the proposed updated City-wide Fee Schedule and corresponding Resolution Number 2021- 029. FISCAL IMPACT Charges for services are an important revenue source for the City's operating budget. The charges only apply to those customers benefiting from the service. There would be an estimate of $45,000 increase to the General Fund. BACKGROUND Based on the overview of the existing City -Wide Fee Schedule, the City Staff has updated the Fee Schedule with a small increase or decrease in fees for Planning, Public Works, Building and Police. There is a small decrease for the credit card service/convenience fees due to newly renegotiated rate. Most of the fees will remain unchanged. Examples of unchanged fees include Recreation fees and business license fees. ALTERNATIVE Provide staff alternative direction whether to proceed with the proposed updated Fee Schedule. LEGAL REVIEW The City Attorney has reviewed this report, resolutions and approved the public hearing notice for the meeting. ATTACHMENT 1 . Resolution Number 2021-029 2. Exhibit A - City of Baldwin Park Fee Schedule 3. CPI for Los Angeles Area as of May 2021 RESOLUTION NO. 2021-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPROVING THE ADOPTION OF A NEW FEE SCHEDULE FOR ISSUING, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS WHEREAS, pursuant to Article XIIIC of the California State Constitution, it is the intent of the City Council of the City of Baldwin Park to require the ascertainment and recovery of costs incurred by the City from the provision of services to the public; and WHEREAS, the City updated the cost of City service fees based on the Consumer Price Index (CPI); and WHEREAS, a properly noticed public hearing was held on July 7, 2021 to receive public comments on the proposed new City -Wide Fee Schedule. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The new Fee Schedule for each fee and service charge is set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby approved. 2. The fees established in Exhibit A shall become effective sixty (60) days after the effective date of this Resolution. 3. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED, APPROVED, AND ADOPTED this 21st day of July 2021. EMMANUAL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA I COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK i 1, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-029 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 21, 2021 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: MARLEN GARCIA CITY CLERK COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: CITY OF BALDWIN PARK EXHIBITA FEE SCHEDULE Effective September 6, 2021 SERVICE/APPLICATION FY 2020-21 Fee FY 2021-22 Proposed Comments Fee Changes BUILDING PERMIT, PLAN CHECK & INSPECTION FEES Refer to Exhibit A-1 PLANNING FEES Refer to Exhibit A-2 PUBLIC WORK FEES Refer to Exhibit A-3 RECREATION PROGRAM FEES Refer to Exhibit A-4 POLICE FEES Refer to Exhibit A-5 ADMINISTRATION & MISCELLANEOUS ANIMAL CARE AND CONTROL LICENSE FEE Fees Remain Unchanged PICNIC SHELTER RENTAL AND OTHER RECREATON FEES N/A TRANSIT CENTER PARKING FEE $1-$3 MONTHLY PERMIT) $1-$3 BUSINESS LICENSE FEE Fees Remain Unchanged BUSINESS LICENSE RENEWAL PROCESSING FEE $10 BUSINESS LICENSE LISTING $5 PASSPORT SERVICE $35 CREDIT CARD SERVICE FEE/CONVENIENCE FEE 2.25% 2.14% New negotiated fee COLLECTION SERVICES FEE Payment received within 30 days of notice No fee charged Payment received after 30 days of notice 19% Out of State referral 22% With legal/court action 22% NSF CHECK PROCESSING $25 STOP PAYMENT and/or REISSUE CHECK $35 ADMIN FEE - COMMUNITY ENHANCEMENT CITATIONS $75 PUBLIC RECORDS COPY CHARGE lst page $0.25 per copy Additional page $0.25 per copy CD REPORT COPY $15 1 of 1 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 Service / Application I FY 2020-21 Fee FY 2021-22 Proposed Fee Changes Comments BUILDING PERMITS - NEW CONSTRUCTION Building Permits - Retail (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.54 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,675 plus $0.35 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,429 plus $0.35 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sqA. $6,185 plus $0.35 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $9,733 plus $0.35 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sqA. $18,508 plus $0.35 per sq.ft. in excess of 50,000 sqA. 75,001-100,000 sq.ft. $27,258 plus $0.35 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $36,095 plus $0.35 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $44,951 plus $0.35 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $53,726 plus $0.35 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $62,501 plus $0.35 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $71,276 plus $0.39 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Office (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.69 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $3,425 plus $0.50 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sqA. $5,930 plus $0.50 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $8,435 plus $0.50 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sqA. $13,483 plus $0.50 per sq.ft. in excess of 25,000 sqA. 50,001-75,000 sq.ft. $26,008 plus $0.50 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $38,533 plus $0.50 per sq.ft. in excess of 75,000 sqA. 100,001-125,000 sq.ft. $51,095 plus $0.50 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $63,701 plus $0.50 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $76,226 plus $0.50 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $88,751 plus $0.50 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $101,276 plus $0.54 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Industrial (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.46 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,308 plus $0.28 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $3,688 plus $0.28 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sqA. $5,075 plus $0.28 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $7,880 plus $0.28 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sqA. $14,795 plus $0.28 per sq.ft. in excess of 50,000 sqA. 75,001-100,000 sq.ft. $21,718 plus $0.28 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $28,670 plus $0.28 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $35,673 plus $0.28 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $42,588 plus $0.28 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $49,511 plus $0.28 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sqA $56,426 plus $0.31 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Cannabis Facilities (New Construction) 1-5,000 sq.ft. $1,000 minimum or $1.21 per sq.ft., whichever is higher $1,000 minimum or $1.26 per sq.ft., whichever is higher New Fee Change 5,001-10,000 sq.ft. $6,049 plus $1.02 per sq.ft. in excess of 5,000 sq.ft. $6,354 plus $1.06 per sq.ft. in excess of 5,000 sq.ft. New Fee Change 10,001-15,000 sqA. $11,134 plus $1.02 per sq.ft. in excess of 10,000 sqA. $11,981 plus $1.06 per sq.ft. in excess of 10,000 sq.ft. New Fee Change 15,001-25,000 sq.ft. $16,217 plus $1.02 per sq.ft. in excess of 15,000 sq.ft. $17,008 plus $1.06 per sq.ft. in excess of 15,000 sq.ft. New Fee Change 25,001-50,000 sqA. $26,422 plus $1.02 per sq.ft. in excess of 25,000 sqA. $27,975 plus $1.06 per sq.ft. in excess of 25,000 sq.ft. New Fee Change 50,001-75,000 sq.ft. $51,840 plus $1.02 per sq.ft. in excess of 50,000 sq.ft. $54,325 plus $1.06 per sq.ft. in excess of 50,000 sq.ft. New Fee Change 75,001-100,000 sq.ft. $77,259 plus $1.02 per sq.ft. in excess of 75,000 sqA. $80,295 plus $1.06 per sq.ft. in excess of 75,000 sq.ft. New Fee Change 100,001-125,000 sq.ft. $102,753 plus $1.02 per sq.ft. in excess of 100,000 sq.ft. $107,659 plus $1.06 per sq.ft. in excess of 100,000 sq.ft. New Fee Change 125,001-150,000 sq.ft. $128,246 plus $1.02 per sq.ft. in excess of 125,000 sq.ft. $134,372 plus $1.06 per sq.ft. in excess of 125,000 sq.ft. New Fee Change 150,001-175,000 sq.ft. $153,664 plus $1.02 per sq.ft. in excess of 150,000 sq.ft. $161,000 plus $1.06 per sq.ft. in excess of 150,000 sq.ft. New Fee Change 175,001-200,000 sq.ft. $179,083 plus $1.02 per sq.ft. in excess of 175,000 sq.ft. $187,630 plus $1.06 per sq.ft. in excess of 175,000 sq.ft. New Fee Change Over 200,000 sq.ft. $204,501 plus $1.06 per sq.ft. in excess of 200,000 sq.ft. $214,257 plus $1.11 per sq.ft. in excess of 200,000 sq.ft. New Fee Change Building Permits - Single Family Residential (New Construction) 1-1,500 sq.ft. $500 minimum or $1.03 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,546 plus $0.57 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,404 plus $0.54 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,210 plus $0.55 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 5q.ft. $4,027 plus $1.01 per sq.ft. in excess of 6,000 sq.ft. Building Permits - Multi Family Residential (New Construction Per Building) 1-1,500 sq.ft. $500 minimum or $0.97 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,456 plus $0.49 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,183 plus $0.49 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $2,932 plus $0.49 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 5q.ft. $3,660 plus $0.95 per sq.ft. in excess of 6,000 sq.ft. Building Permits - Patio Cover (New Construction - All types such as Solid Wood, Open Lattice, or Tile) 1-300 sq.ft. 1$184 minimum 301-400 sqA 1$184 plus $0.91 per sq.ft. in excess of 300 sq.ft. Over 400 sq.ft. 1$275 plus $0.92 per sq.ft. in excess of 400 sq.ft. BUILDING PERMITS - REMODELS, ALTERATIONS, ADDITIONS AND TENANT IMPROVEMENTS Building Permits - Retail (Remodels, Alterations, Additions and Tenant Improvements) Page 2 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 1-5,000 sq.ft. $1,000 minimum or $0.54 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,675 plus $0.36 per sq.ft. in exce5s of 5,000 sq.ft. 10,001-15,000 sq�ft. $4,468 plus $0.35 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,185 plus $0.35 per sq.ft. in exce5s of 15,000 sq.ft. 25,001-50,000 sq�ft. $9,733 plus $0.35 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $18,508 plus $0.35 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $27,283 plus $0.35 per sq.ft. in excess of 75,000 sq�ft. 100,001-125,000 sq.ft. $36,095 plus $0.35 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $44,951 plus $0.35 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $53,726 plus $0.35 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $62,501 plus $0.35 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $71,276 plus $0.39 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Office (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.69 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $3,425 plus $0.50 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $5,930 plus $0.50 per sq.ft. in exce5s of 10,000 sq.ft. 15,001-25,000 sq�ft. $8,435 plus $0.50 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $13,483 plus $0.50 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq�ft. $26,008 plus $0.50 per sq.ft. in excess of 50,000 sq�ft. 75,001-100,000 sq.ft. $38,533 plus $0.50 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $51,095 plus $0.50 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $63,701 plus $0.50 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $76,226 plus $0.50 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $88,751 plus $0.50 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $101,276 plus $0.54 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Industrial (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.46 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,308 plus $0.28 per sq.ft. in exce55 of 5,000 sq.ft. 10,001-15,000 sq�ft. $3,688 plus $0.28 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $5,075 plus $0.28 per sq.ft. in exce5s of 15,000 sq.ft. 25,001-50,000 sq�ft. $7,880 plus $0.28 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $14,795 plus $0.28 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $21,718 plus $0.28 per sq.ft. in excess of 75,000 sq�ft. 100,001-125,000 sq.ft. $28,670 plus $0.28 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $35,673 plus $0.28 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. 88 plus $0.28 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. !�$�4�9:Nl plus $0.28 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. 1$56,426 plus $0.31 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Cannabis (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $1.21 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $6,069 plus $1.02 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $11,154 plus $1.02 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq�ft. $16,238 plus $1.02 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $26,443 plus $1.02 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq�ft. $51,860 plus $1.02 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $77,279 plus $1.02 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $102,773 plus $1.02 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $128,271 plus $1.02 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $153,690 plus $1.02 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $179,109 plus $1.02 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $204,526 plus $1.06 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Single Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.62 per sq.ft., whichever is higher 501-1,000 sq.ft. $811 plus $0.67 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,145 plus $0.60 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,445 plus $0.60 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq ft. $2,363 plus $0.56 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,210 plus $0.54 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,027 plus $1.01 per sq.ft. in excess of 6,000 sq.ft. Building Permits - Multi Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.62 per sq.ft., whichever is higher 501-1,000 sq.ft. $811 plus $0.67 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,145 plus $0.71 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,500 plus $0.66 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq ft. $2,483 plus $0.61 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,403 plus $0.56 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,241 plus $1.05 per sq.ft. in excess of 6,000 sq.ft. BUILDING PLAN CHECK FEE - NEW CONSTRUCTION Building Plan Check - Retail (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.57 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,858 plus $0.39 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,788 plus $0.39 per sq.ft. in exce5s of 10,000 sq.ft. Page 3 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 15,001-25,000 sqA. $6,719 plus $0.39 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $10,618 plus $0.39 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sqA. $20,271 plus $0.39 per sq.ft. in excess of 50,000 sqA. 75,001-100,000 sq.ft. $29,923 plus $0.39 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $39,612 plus $0.39 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $49,265 plus $0.39 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $58,917 plus $0.39 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $68,607 plus $0.39 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $78,247 plus $0.42 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Office (New Construction) 1-5,000 sq.ft� $1,000 minimum or $0.74 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $3,683 plus $0.55 per sq.ft. in exce5s of 5,000 sq.ft. 10,001-15,000 sqA. $6,438 plus $0.55 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $9,194 plus $0.55 per sq.ft. in exce5s of 15,000 sq.ft. 25,001-50,000 sqA. $14,743 plus $0.55 per sq.ft. in excess of 25,000 sqA. 50,001-75,000 sq.ft. $28,521 plus $0.55 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $42,297 plus $0.55 per sq.ft. in excess of 75,000 sqA. 100,001-125,000 sq.ft. $56,112 plus $0.55 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $69,890 plus $0.55 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. 667 plus $0.55 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. 1$9�7 82 plus $0.55 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. 1$111,260 plus $0.59 per 5q.ft. in excess of 200,000 sq.ft. Building Plan Check - Industrial (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.49 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,453 plus $0.30 per sq.ft. in excess of 5,000 sq,ft. 10,001-15,000 sq.ft. $3,972 plus $0.30 per sq.ft. in exce5s of 10,000 sq.ft. 15,001-25,000 sqA. $5,497 plus $0.30 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $8,580 plus $0.30 per sq.ft. in exce5s of 25,000 sq.ft. 50,001-75,000 sqA. $16,186 plus $0.30 per sq.ft. in excess of 50,000 sqA. 75,001-100,000 sq.ft. $23,801 plus $0.30 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $31,445 plus $0.30 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $39,060 plus $0.30 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $46,666 plus $0.30 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $54,319 plus $0.30 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $61,925 plus $0.34 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check -Cannabis (New Construction) 1-5,000 sq.ft. $1,000 minimum or $1.23 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $6,154 plus $1.04 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $11,368 plus $1.04 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $16,582 plus $1.04 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sqA. $27,036 plus $1.04 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $53,105 plus $1.04 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $79,176 plus $1.04 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $105,282 plus $1.04 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $131,352 plus $1.04 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $157,460 plus $1.04 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $183,530 plus $1.04 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $209,601 plus $1.08 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Single Family Residential (New Construction) 1-1,500 sq.ft. $500 minimum or $1.01 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,521 plus $0.55 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,338 plus $0.55 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,157 plus $0.55 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $3,974 plus $0.98 per sq.ft. in excess of 6,000 sq.ft. Building Plan Check - Multi Family Residential (New Construction Per Building) 1-1,500 sq.ft. $500 minimum or $1.06 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,593 plus $0.57 per sq.ft. in excess of 1,500 sq,ft. 3,001-4,500 sq.ft. $2,452 plus $0.57 per sq.ft. in exces5 of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,311 plus $0.57 per sq.ft. in excess of 4,500 sq,ft. Over 6,000 5q.ft. $4,169 plus $1.03 per sq.ft. in exce55 of 6,000 sq.ft. Building Plan Check - Patio Cover (all types such as solid wood, open lattice, or tile) 1-300 sq.ft. 1$110 minimum 301-400 sqA. 1$110 plus $0.38 per sq.ft. in excess of 300 sq.ft. Over 400 sq.ft. 1$148 plus $0.56 per sq.ft. in excess of 400 sq.ft. BUILDING PLANS CHECK - REMODELS, ALTERATIONS, ADDITIONS AND TENANT IMPROVEMENTS Building Plan Check - Retail (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft� $1,000 minimum or $0.55 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,731 plus $0.37 per sq.ft. in exce55 of 5,000 sq.ft. 10,001-15,000 sqA. $4,574 plus $0.37 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,417 plus $0.37 per sq.ft. in exce5s of 15,000 sq.ft. 25,001-50,000 sqA. $10,140 plus $0.37 per sq.ft. in excess of 25,000 sqA. 50,001-75,000 sq.ft. $19,353 plus $0.37 per sq.ft. in excess of 50,000 sq.ft. Page 4 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 75,001-100,000 sq.ft. $28,567 plus $0.37 per sq.ft. in excess of 75,000 sq�ft. 100,001-125,000 sq.ft. $37,819 plus $0.37 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $47,032 plus $0.37 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $56,246 plus $0.37 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $65,497 plus $0.37 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $74,711 plus $0.40 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Office (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.55 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,731 plus $0.40 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,707 plus $0.40 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq�ft. $6,716 plus $0.40 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $10,770 plus $0.40 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq�ft. $20,810 plus $0.40 per sq.ft. in excess of 50,000 sq�ft. 75,001-100,000 sq.ft. $30,851 plus $0.40 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $40,930 plus $0.40 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $50,971 plus $0.40 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $61,011 plus $0.40 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $71,090 plus $0.40 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $81,131 plus $0.43 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Industrial (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.47 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,346 plus $0.29 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq�ft. $3,794 plus $0.29 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $5,251 plus $0.29 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq�ft. $8,195 plus $0.29 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $15,455 plus $0.29 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $22,723 plus $0.29 per sq.ft. in excess of 75,000 sq�ft. 100,001-125,000 sq.ft. $30,022 plus $0.29 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $37,291 plus $0.29 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $44,551 plus $0.29 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $51,857 plus $0.29 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $59,119 plus $0.33 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Cannabis (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $1.18 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $5,878 plus $1.00 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $10,854 plus $1.00 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $15,832 plus $1.00 per sq.ft. in excess of 15,000 sq�ft. 25,001-50,000 sq.ft. $25,811 plus $1.00 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq�ft. $50,696 plus $1.00 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $75,581 plus $1.00 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $100,504 plus $1.00 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $125,389 plus $1.00 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $150,311 plus $1.00 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $175,196 plus $1.00 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $200,082 plus $1.03 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Single Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.57 per sq.ft., whichever is higher 501-1,000 sq.ft. $786 plus $0.72 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,145 plus $0.60 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,445 plus $0.60 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,338 plus $0.55 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,157 plus $0.54 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $3,973 plus $0.98 per sq.ft. in excess of 6,000 sq.ft. Building Plan Check - Multi Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.64 per sq.ft., whichever is higher 501-1,000 sq.ft. $822 plus $0.76 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,203 plus $0.63 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,518 plus $0.62 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq ft. $2,452 plus $0.57 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,311 plus $0.57 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,169 plus $1.03 per sq.ft. in excess of 6,000 sq.ft. BUILDING FEES (Others) Permit Issuance $37.50 per permit Minimum Building Permit Fee $69.00 per permit Minimum Building Plan Check Fee At least 1 hour of stafftime (latest rate) or the calculated amount whichever is gre ter For any items which fee is not provided, the permit fee shall be based on hourly rate and time as determined by Building Official FBHR of staff time For any items which fee is not provided, the plan check fee shall be based on hourly r te and time as determined by Building Official FBHR of staff time Page 5 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 Recordkeeping 3.75% of permit fee Alternate Material Processing 1 1/2 hours based on the latest hourly rate EXTENSIONS Extension of permit ifthe original permit has not been expired $37.52 (one time) Extension of permit if the original permit has been expired Based on time required to complete the project and on the latest hourly rate Extension of plan check if the original plan check has not been No fee expired (one time) Extension of plan check if the original plan check has been expired Based on time required to complete the plan check application and on latest hourly rate, or 1/2 of the original plan check fee whichever is gre ter Expedited Plan Check Double plan check fee to pay for consulting firm to provide timely plan check of 5 working days Re -inspection $92.00 For each additional plan check after the third plan check, fee shall FBHR of staff time be based on hourly rate and time as determined by Building Official After -Hours Inspection 1.5 times the latest hourly rate; 4 hours minimum Certificate: Certificate of Occupancy - Original No charge Certificate of Occupancy - Subsequent $56.00 Request for Address Change $750�00 Garage Re -Conversion Inspection $275.00 School Fee Application Processing $31.00 Plan Imaging Fee .3.47/per sheet of plans PLUMBING PERMIT Permit Issuance $37.50 per permit Minimum Plumbing Permit Fee $69.00 per permit Minimum Plumbing Plan Check Fee At least I hour of stafftime (latest hourly rate) or the calculated amount whichever is greater For any items which fee is not provided, the permit fee shall be based on hourly rate and time as determined by Building Official FBHR of staff time For any items which fee is not provided, the plan check fee shall be based on hourly rate and time as determined by Building Official FBHR of staff time Re -inspection FBHR of staff time Plumbing Permit - Residential 1-1,000 sq.ft. $273 minimum 1,001-2,000 sq.ft. $273 plus $0.28 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 5q.ft. $551 plus $0.28 per sq.ft. in excess of 2,000 sq.ft. Plumbing Permit - Retail & Other Commercials 1-2,000 sq.ft. $184 minimum 2,001-4,000 sq.ft. $184 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $275 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $367 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $551 plus $0.02 per sq.ft. in excess of 10,000 sq.ft. Plumbing Permit - Dental & Medical Offices 1-2,000 sq.ft. $910 minimum 2,001-4,000 sq.ft. $910 plus $0.19 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $1,285 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $1,469 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Plumbing Permit - Restaurant 1-2,000 sq.ft. $910 minimum 2,001-4,000 sq.ft. $910 plus $0.23 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $1,377 plus $0.23 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 5q.ft. $1,836 plus $0.23 per sq.ft. in excess of 6,000 sq.ft. Plumbing Permit - Industrial 1-2,000 sq.ft. $364 minimum 2,001-4,000 sq.ft. $364 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $459 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $551 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 5q.ft. $643 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. Plumbing Permit - Residential Room Addition 1-500 sq.ft. J$182 minimum Over 500 sq.ft. 1$182 plus $0.19 per sq.ft. in excess of 500 sq.ft. PLUMBING PLANS CHECK Plumbing Plan Check - Retail & Other Commercials 1-2,000 sq.ft. $220 minimum 2,001-4,000 sq.ft. $220 plus $0.03 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $278 plus $0.03 per sq.ft. in excess of 4,000 sq.ft. Page 6 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 6,001-10,000 sq.ft. $334 plus $0.03 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $445 plus $0.02 per sq.ft. in excess of 10,000 sq.ft. Plumbing Plan Check - Dental & Medical Offices 1-2,000 sq.ft. $550 minimum 2,001-4,000 sq.ft. $550 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Plumbing Plan Check - Restaurant 1-2,000 sq.ft. $550 minimum 2,001-4,000 sq.ft. $550 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 5q.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Plumbing Plan Check - Industrial 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.07 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $463 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $575 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 5q.ft. $704 plus $0.06 per sq.ft. in excess of 8,000 sq.ft. Plumbing Plan Check - Multifamily 1-2,000 sq.ft. $550 minimum 2,001-4,000 sq.ft. $550 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. PLUMBING FEES (Others) UNIT FEE For each plumbing fixture or trap or set of fixtures on one trap $170.00 (including water, drainage, piping and backflow protection) Building Sanitary Waste (sewer) new or repair $252.00 Rainwater syste ms $170�00 For each sewer connection $170.00 For each sewer cap $170�00 Gas Piping System: 1-5 outlets $170.00 Each outlet in excess of 5 outlets $28.00 For each industrial waste pre-treatment interceptor, including its $335�00 trap and vent (except kitchen grease interceptors functioning as fixture traps) For installation, alteration or repair of water piping and/or water $170.00 treating equipment For repair or alteration of drainage or venting piping $170.00 For each lawn sprinkler system or any one meter including $170.00 backflow protection devices For vacuum breakers or backflow protective devices on tanks, vats, etc. or for installation on unprotected plumbing fixtures including necessary water piping: 1 to 5 units $170.00 Each unit in excess of 5 units $2&00 MECHANICAL PERMIT Permit Issuance $37.50 per permit Minimum Mechanical Permit Fee $69.00 per permit Minimum Mechanical Plan Check Fee At least 1 hour of stafftime (latest hourly rate) or the calculated amount whichever is greater For any items which fee is not provided, the permit fee shall be based on hourly rate and on time as determined by Building Official FBHR of staff time For any items which fee is not provided, the plan check fee shall be based on hourly rate and time as determined by Building Official FBHR of staff tii e Re -inspection FBHR of staff time Mechanical Permit - Residential 1-1,000 sq.ft� 1$91 minimum 1,001-2,000 sq.ft. 1$91 plus $0.09 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 sq.ft. 1$184 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Mechanical Permit - Retail & Other Commercials 1-2,000 sq.ft� 1$182 minimu 2,001-4,000 sq.ft. $182 lu5 $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $275 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $367 plus $0.04 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $536 plus $0.04 per sq.ft. in excess of 10,000 sq�ft. Mechanical Permit - Dental & Medical Offices 1-2,000 sq.ft, 1$455 minimum 2,001-4,000 sq.ft. 1$455 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Page 7 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 4,001-6,000 sq.ft. $643 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 5q.ft. $826 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Mechanical Permit - Restaurant 1-2,000 sq.ft. $455 minimum 2,001-4,000 sq.ft. $455 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $643 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $826 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Mechanical Permit - Industrial 1-2,000 scIA $273 minimum 2,001-4,000 sq.ft. $273 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $459 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $551 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $643 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. Mechanical Permit - Residential Room Addition 1-500 sq.ft. 1$92 minimum Over 500 sq.ft. 1$92 plus $0.18 per sq.ft. in excess of 500 sq.ft. MECHANICAL PLANS CHECK Mechanical Plan Check - Retail & Other Commercials 1-2,000 sq.ft. $220 minimum 2,001-4,000 sq.ft. $220 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $445 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $537 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $741 plus $0.05 per sq.ft. in excess of 10,000 sq.ft. Mechanical Plan Check - Dental & Medical Offices 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. Mechanical Plan Check - Restaurant 1-2,000 scIA $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.11 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 5q.ft. $778 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Mechanical Plan Check - Industrial 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $445 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 5q.ft. $667 plus $0.07 per sq.ft. in excess of 8,000 sq.ft. Mechanical Plan Check - Multifamily 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. MECHANICAL FEES (Others) UNIT FEE Heating Appliance (Wall Unit) $252.00 Installation or relocation of Ducts/Registers associated with HVAC System 1 to 10 units $252.00 Each unit in excess of 10 units $28.00 VentFan $170.00 Kitchen Hoods - Residential or Type 11 $252.00 Kitchen Hoods - Type I Commercial $335.00 Gas System $170.00 FAU / FURNACE Under 10,000 BTU $252.00 Over 10,000 BTU $252.00 Compressor or Boiler: Under 3 HP $252.00 Greater than 3 HP but less than 15 HP $252.00 Greater than 15 HP but less than 30 HP $25100 Greater than 30 HP but less than 50 HP $252.00 Greater than 50 HP $335.00 Fire/Smoke/Environmental Dampers I to 5 units $170�00 Each unit in excess of 5 units $28.00 Miscellaneous (For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories $25100 ELECTRICAL PERMIT Permit Issuance 1$37.50 per permit Page 8 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 Minimum Electrical Permit Fee $69.00 per permit Minimum Electrical Plan Check Fee At least I hour of staff time Oatest hourly rate) or the calculated amount whichever is greater For any items which fee is not provided, the permit fee shall be based on hourly rate and time as determined by Building Official FBHR of staff time For any items which fee is not provided, the plan check fee shall be based on hourly rate and time as determined by Building Official FBHR of staff time Re -inspection FBHR of staff time Electrical Permit - Residential 1-1,000 sq.ft. $364 minimum 1,001-2,000 sq.ft. $364 plus $0.10 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 5q.ft. 1$459 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Electrical Permit - Retail & Other Commercials 1-2,000 sq.ft. $546 minimum 2,001-4,000 sq.ft. $546 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $735 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $918 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $1,285 plus $0.03 per sq.ft. in excess of 10,000 sq.ft. Electrical Permit - Dental & Medical Offices 1-2,000 sq.ft. $910 minimum 2,001-4,000 sq.ft. $910 plus $0.19 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $1,285 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $1,469 plus $0.09 per sq.ft. in excess of 6,000 sq,ft. Electrical Permit - Restaurant 1-2,000 sq.ft. $546 minimum 2,001-4,000 sq.ft. $546 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $735 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 5q.ft. $918 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Electrical Permit - Industrial 1-2,000 sq.ft. $546 minimum 2,001-4,000 sq.ft. $546 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $735 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $918 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 5q.ft. $1,102 plus $0.09 per sq.ft. in excess of 8,000 sq.ft. Electrical Permit - Residential Room Addition 1-500 sq.ft. 1$182 minimum Over 500 sq.ft. 1$182 plus $0.37 per sq.ft. in excess of 500 sq.ft. ELECTRICAL PLANS CHECK Electrical Plan Check - Retail & Other Commercials 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $927 plus $0.03 per sq.ft. in excess of 10,000 sq.ft. Electrical Plan Check - Dental & Medical Offices 1-2,000 sq.ft. $440 minimum 2,001-4,000 sq.ft. $440 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $667 plus $0.11 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Electrical Plan Check - Restaurant 1-2,000 sq.ft. $334 minimum 2,001-4,000 sq.ft. $334 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.11 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Electrical Plan Check - Industrial 1-2,000 sq.ft. $440 minimum 2,001-4,000 sq.ft. $440 plus $0.06 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $667 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $778 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. Electrical Plan Check - Multifamily 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $927 plus $0.03 per sq.ft. in excess of 10,000 sq.ft. ELECTRICAL FEES (Others) UNIT FEE Main Service Panel Up to 200A $170.00 Page 9 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 200A�!1000A $39LOO 0ver1000A $560.33 Temporary Power Pole Single Pole $170.00 2 - 5 Poles $255.00 Over 5 Poles $680.00 Pole Lights 1 - 5 Poles $170.00 Over 5 Poles Add $35 for each additional pole MISCELLANEOUS PERMIT Building Permit - Re -Roof Residential - Asphalt Shingles 1-1,000 sq.ft. 1$273 minimum 1,001-2,000 sq.ft. 1$273 plus $0.09 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 5q.ft. 1$367 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Building Permit - Re -Roof Residential - Tile Roof 1-1,000 sq.ft. 1$273 minimum 1,001-2,000 sq.ft. 1$273 plus $0.19 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 5q.ft. 1$459 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Building Permit - Re -Roof Commercial - Flat Roof 1-2,500 sq.ft. $273 minimum 2,501-5,000 sq.ft. $273 plus $0.19 per sq.ft. in excess of 2,500 sq.ft. 5,001-10,000 sq.ft. $459 plus $0.04 per sq.ft. in excess of 5,000 sq.ft. Over 10,000 sq.ft. $643 plus $0.04 per sq.ft. in excess of 10,000 sqA. Building Permit - Re -Roof Commercial - Tile Roof 1-1,000 sq.ft. $273 minimum 1,001-2,000 sq.ft. $273 plus $0.19 per sq.ft. in excess of 1,000 sq.ft. 2,001-4,000 sq.ft. $459 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-8,000 sq.ft. $551 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 8,001-12,000 sq.ft. $735 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. 12,001-20,000 sq.ft. " plus $0.04 per sq.ft. in excess of 12,000 sq.ft. Over 20,000 sq.ft. 1$�2 1 224 plus $0.04 per sq.ft. in excess of 20,000 sq.ft. Building Permit - Photovoltaic System Commercial $1000 up to 50 kW, plus $7/kW for each additional kW between 51 kW -250 M, plus $5/kW above 251 kW (AB1414) Residential $447 up to 15 M, plus $15/kW for each additional kW (A131414) Building Permit - Swimming Pool Standard Plan 1-300 sq.ft. 1$459 minimum 301-500 sqA. 1$459 plus $0.92 per sq.ft. in excess of 300 sq.ft. Over 500 sq.ft. 1$643 plus $0.46 per sq.ft. in excess of 500 sq.ft. Building Permit - Swimming Pool special engineering and/or water falls 1-300 sq.ft. 1$643 minimum 301-500 sqA. 1$643 plus $0.92 per sq.ft. in excess of 300 sq.ft. Over 500 sq.ft. 1$826 plus $0.46 per sq.ft. in excess of 500 sq.ft. MISCELLANEOUS PLANS CHECK Plan Check - Re -Roof Residential - Tile Roof 1-1,000 sq.ft. 1$110 minimum 1,001-2,000 sq.ft. 1$110 plus $0.08 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 sq.ft. 1$185 plus $0.04 per sq.ft. in excess of 2,000 sq.ft. Plan Check - Re -Roof Commercial - Flat Roof 1-2,500 sq.ft. 1$110 minimum 2,501-5,000 sq.ft. 1$110 plus $0.04 per sq.ft. in excess of 2,500 sq.ft. 5,001-10,000 sq.ft. 1$222 plus $0.02 per sq.ft. in excess of 5,000 sq.ft. Over 10,000 sq.ft. 1$334 plus $0.02 per sq.ft. in excess of 10,000 sq.ft. Plan Check - Re -Roof Commercial - Tile Roof 1-1,000 sq.ft. $110 minimum 1,001-2,000 sq.ft. $110 plus $0.11 per sq.ft. in excess of 1,000 sq.ft. 2,001-4,000 sq.ft. $222 plus $0.10 per sq.ft. in excess of 2,000 sq.ft. 4,001-8,000 sq.ft. $426 plus $0.10 per sq.ft. in excess of 4,000 sq.ft. 8,001-12,000 sq.ft. $834 plus $0.09 per sq.ft. in excess of 8,000 sq.ft. 12,001-20,000 sq.ft. $1,205 plus $0.09 per sq.ft. in excess of 12,000 sq.ft. Over 20,000 sq.ft. $1,946 plus $0.09 per sq.ft. in excess of 20,000 sq.ft. Plan Check - Swimming Pool Standard Plan 1-300 sq.ft. $220 minimum 301-500 sqA. $220 plus $0.57 per sq.ft. in excess of 300 sq.ft. Over 500 sq.ft. $334 plus $0.56 per sq.ft. in excess of 500 sq.ft. Plan Check - Swimming Pool special engineering and/or water falls 1-300 sq.ft. 1$330 minimum 301-500 sqA. 1$330 plus $0.58 per sq.ft. in excess of 300 sq.ft. Over 500 sq.ft. 1$445 plus $0.56 per sq.ft. in excess of 500 sq.ft. Page 10 of 21 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE Effective September 6, 2021 Note Hourly Rate is the fully burdened hourly rate (FBHR) of a position that includes salary, benefits, and applicable overhead (for operational and administrative support) Fees that are unchanged from the prior year and staff will regularly review the all fees whenever significant changes occur in the market. The new competitive rates will be presented to the City Council for their approval. Page 11 of 21 CITY OF BALDWIN PARK PLANNING FEE SCHEDULE Effective September 6, 2021 EXH I BIT A-2 12 of 2 FY 2021-22 Proposed Planning Entitlement FY 2020-21 Fee Comments Fee Changes FBHR* of staff time + actual cost of city Attorney. ADMINISTRATIVE ADJUSTMENT ($600 deposit required per case) FBHR of staff time + actual cost of City AMENDMENT TO ZONING CODE/GEN.PLAN/ZONE Attorney. CHANGE ($3,400 deposit required per case) FBHR of staff time + actual cost of City Attorney. DEVELOPMENT PLAN/AGREEMENT ($2,915 deposit required per case) FBHR of staff time + actual cost of City Attorney. SPECIFIC PLAN ($2,915 deposit required per case) FBHR of staff time + actual cost of City Attorney. CONDITIONAL USE PERMIT/ ZONE VARIANCE ($1,750 deposit required per case) FBHR of staff time + actual cost of City Attorney. ACCESSORY DWELLING UNIT (ADU) REVIEW ($1,000 deposit required per case) CANNABIS APPLICATION $2,914.64 $2,972.29 CPI Increase 2%. Increase $57.65 CANNABIS AMENDMENT LOCATION APPLICATION $2,215.13 $2,259.30 CPI Increase 2%. Increase $44.17 CANNABIS AMENDMENT OWNERSHIP APPLICATION $2,215.13 $2,259.43 CPI Increase 2%. Increase $44.17 TREE REMOVAL PERMIT $90 + $50 for each additional tree COVENANT PREPARATION $116 $118 CPI increase 2%. Increase $2 FBHR of staff time + actual cost of City Attorney. MODEL HOME MARKETING COMPLEX PLAN $1,000 deposit required per case) FBHR of staff time + hourly cost of consultaTt per hour LANDSCAPE PLAN REVIEW -RESIDENTIAL ($1,2SO deposit required) FBHR of staff time + hourly cost of consultant per hour LANDSCAPE PLAN REVIEW -COMMERCIAL ($2,500 deposit required) Actual Consultant Cost plus FBHR of staff time Negative declaration ($10,000 deposit required) Actual Consultant Cost plus FBHR of staff Mitigated negative declaration time ($10,000 deposit required) Actual Consultant Cost plus FBHR of staff ENVIRONMENTAL IMPACT REPORT REVIEW time ($10,000 deposit required) Actual Consultant cost plus FBHR of staff ENVIRONM'L IMPACT RPT PROCESSING time ($10,000 deposit required) MAP COPY SERVICE $11 per hard copy $11.22 CPI increase 2%. Increase $0.22 FBHR of staff time + non-refundable $951 APPEAL TO ZONING ADMINISTRATOR filing fee FBHR of staff time + non-refundable $951 APPEAL TO PLANNING COMMISSION filing fee FBHR of staff time + non-refundable $951 APPEAL TO THE CITY COUNCIL filing fee TIME EXTENSION $600 $612 CPI increase 2%. Increase $12.00 FBHR of staff time + actual cost of City Attorney. SIGN PROGRAM REVIEW ($1,170 deposit required per case) TEMPORARY SIGN PERMIT $21 $21 PERMANENT SIGN PERMIT $69 $70 CPI increase 2%. Increase $1.00 ZONING CONFORMANCE LETTER $325 deposit + FBHR of staff time OUTDOOR DISPLAY REVIEW * 5,000 sq.ft. $360 $367 CPI Increase 2%. Increase $7.00 * 5,000 sq.ft. $598 $610 CPI Increase 2%. Increase $12.00 FBHR of staff time + actual cost of City Attorney. OUTDOOR DINING REVIEW ($175 deposit required) GENERAL PLAN SURCHARGE * $100,000 0.75% of value * $100,000 $750+0.50% of value over $100,OOC Minimum amount $26 BUSINESS LICENSE REVIEW $11 $11 PLANNING PLAN REVIEW SURCHARGE I% ofthe building valuation) 0.23% of value ($45 minimum) Commercial/industrial Combined and see above Residential PLANNING DESIGN REVIEW FBHR of staff time + actual cost of City Attorney. TENTATIVE PARCEL MAP ($3,500 deposit required) 12 of 2 CITY OF BALDWIN PARK PLANNING FEE SCHEDULE Effective September 6, 2021 EXH I BIT A-2 TENTATIVE TRACT MAP FBHR of staff time + actual cost of City Attorney ($4, 080 deposit required) PRELIMINARY PLAN REVIEW $1,715 $1,749 CPI Increase 2%. Increase $34.00 PRELIMIARY PLAN REVIEW (DOWNTOWN) FBFIR of staff time + hourly cost of consultanT perhour ($2,000 deposit required) PRELIMINARY PLAN REVIEW (MIXED-USE) FBFIR of staff time + hourly cost of consultant per hour ($2,500 deposit required) PLANNING DESIGN REVIEW** Ind ustria I/Commercial/Office No. of Residential Maximum Industrial Commercial Office New Construction - Square Footage Dwelling Units Remodel Value 1-1,000 1 $100,000 $420 $428 CPI Increase 2%. Increase $8.00 1,001-3,000 2-4 $200,000 $599 $611 CPI Increase 2%. Increase $12.00 3,001-6,000 5-6 $400,000 $807 $823 CPI Increase 2%. Increase $16.00 6,001-10,000 7-10 $700,000 $1,044 $1,065 CPI Increase 2%. Increase $21.00 10,001-15,000 11-15 $1,000,000 $1,461 $1,490 CPI Increase 2%. Increase $29.00 15,001-20,000 16-20 $1,500,000 $1,758 $1,793 CPI Increase 2%. Increase $35.00 20,001-27,000 21-25 Over $1,500,000 $2,054 $2,095 CPI Increase 2%. Increase $41.00 27,001-35,000 26-35 $2,354 $2,401 CPI Increase 2%. Increase $47.00 35,001-45,000 36-45 $2,709 $2,763 CPI Increase 2%. Increase $54.00 45,001-60,000 46-60 $3,094 $3,156 CPI Increase 2%. Increase $62.00 60,001-100,000 61-100 $3,541 $3,612 CPI Increase 2%. Increase $71.00 100,001-150,000 101-150 $3,988 $4,068 CPI Increase 2%. Increase $80.00 Over 150,000 Over 150 $4,582 $4,674 CPI Increase 2%. Increase $92.00 * FBFIR is the fu I ly burdened hourly rate of a position that includes salary, benefits, and applicable overhead (for operationa I and administrative support) **Fee, Plus FBHR of staff time after the first two plan reviews 13 of2 CITY OF BALDWIN PARK EXHIBITA-3 PUBLIC WORKS FEE SCHEDULE Effective September 6, 2021 Service / Application Fee FY 2021-22 Proposed Comments Fee Changes PARCEL IFINAL) MAP $3,000 plus $75 per parcel TRACT (FINAL) MAP $2,990 for Ist 4 lots/units plus $195 for each additional lot/unit for first three plan checks $225 for each additional plan check EASEMENT DEED REVIEW $495 EASEMENT CHECKING $495 MONUMENT INSPECTION $270 for first monument plus $65 for additional monument MAP CONSISTENCY VERIFICATION $440 WAIVER & COMPLIANCE CERTIFICATION $400 AGREEMENT/IMPROVEMENT SECURITY $450 IMPROVEMENT AGREEMENT TIME EXTENSION $500 ADDITIONAL PLAN SUBMITTAL Not In Use FINAL MAP TIME EXTENSION months $275 -Six Twelve months $550 CERTIFICATE OF CORRECTION $1200 CERTIFICATE OF COMPLIANCE $2000 STREET VACATION PROCESSING $2200 COVENANT & AGREEMENT REVIEW $1000 LOT LINE ADJUSTMENT $3300 ENGINEERING DOCUMENT/ STUDY/ REPORT REVIEW (GEOTECHNICAL REPORT, HYDROLOGY & HYDRULICS $1,600/each EXPEDITED MAP/PLAN CHECK 1-1/2 times the original fee OTHER ENGINEERING SERVICES $50 per hour with minimum one hour ENCROACHMENT PERMIT -LANE CLOSURE Per occurrence $175 permit $490 -Monthly Annual permit $3750 ENCROACHMENT PERMIT -ROAD CLOSURE $650 ENCROACHMENT PERMIT -OVERHEAD STRUCT. $560 STREET CUT PLAN CHECK & INSPECTION TRENCH LENGTH: Up to 10 sq.ft. $115 11 to 100sq.ft. $115 plus $1.25 per sq.ft. over 10' Over 100 sq.ft. $228 plus $1.04 per sq.ft. over 100' SEWER DYE TEST $240 STREET NAME CHANGE PROCESSING $1,590 plus $175 per sign STREET ADDRESS CHANGE None PRIVATE DIRECTIONAL SIGN $2,500 for two years GRAFFITI ABATEMENT AGREEMENT Not In Use OVER WIDTH/HEIGHT/WEIGHT PERMIT $16 single trip permit; $90 annual permit (fees set by State) GRADING & EXCAVATION PLAN CHECK 50 to 100 cubic yards $380 101 to 1,000 cubic yards $380 + $82 per 100 CY 1,001 to 10,000 cubic yards $1,120 + $200 per 1,000 CY 10,001 to 100,000 cubic yards $2,920 + $275 per 10,000 CY > 100,000 cubic yards $5,395 + $435 per 100,000 CY DRAINAGE PLAN CHECK to three lots $250 for the first lot -One Four or more lots $115 for each additional lot EROSION CONTROL PLAN CHECK than I acre $130 -Less 1 acre but less than 5 acres $500 OFFSITE IMPROVEMENTS PERMIT (PLAN CHECK AND INS $175 _$0-$999 $1,000 - $9,999 $175 + 11% of value over $1,000 $10,000 - $49,999 $1,165 + 8% of value over $10,000 $50,000 - $99,999 $4,365 + 4% of value over $50,000 $100,000 - $999,999 $6,365 + 2% of value over $100,000 Street Improvements (such as curb only, cross gutter, sidewalk, driveway approach, curb & gutter, ADA ramp, etc.) Refer to Fees under Offste Improvement Permit Storm Drain Improvements (such as parkway drain, catch basin, manhole, SO mainline and lateral, etc.) Refer to Fees under Offste Improvement Permit Traffic Improvements (such as red curbs, striping, lettering/ arrow, street name signs, traffic regulatory signs, traffic signal, etc.) Refer to Fees under Offste Improvement Permit Sewer Improvements (such as manhole, sewer mainline and lateral, etc.) Refer to Fees under Offste Improvement Permit Other Improvements (such as Street light and street tree installation, etc.) Refer to Fees under Offste Improvement Permit [GRADING & EXCAVATION INSPECTION I 50-100cubicyards $355 Page 14 of 21 CITY OF BALDWIN PARK EXHIBITA-3 PUBLIC WORKS FEE SCHEDULE Effective September 6, 2021 Service / Application Fee FY 2021-22 Proposed Fee Changes Comments 101 - 1,000 cubic yards $355+$65 per 100 CY 1,001 - 10,000 cubic yards $940+$85 per 100 CY $940+$85 per 1000 CY To clarify the fee calculations 10,001 - 100,000 cubic yards $1,705+$30 per 100 CY $1,705+$30 per 10000 CY To clarify the fee calculations > 100,000 cubic yards $1,980.00 DRAINAGE INSPECTION to three lots $300 for first lot —One Four or more lots $115 for each additional lot EROSION INSPECTION than I acre $385 first three acres —Less 1 acre but less than 5 acres $125 each additional acre SEWER SEDDLE AND WYE $500/each TRAFFIC CONTROL PLAN CHECK $85 + 75/HR OTHER FIELD INSPECTION F13HR* RE -INSPECTION FBHR* NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTION F13HR* C&D MATERIALS MANAGEMENT Demolition $300 for Ist review $75 for each subsequent review Construction $300 for Ist review $75 for each subsequent review C&D MATERIALS MANAGEMENTADMIN FEE Demolition $100 Construction $100 C&D MATERIALS MANAGEMENT RE -ROOF PROJECT After Hours Work and Inspection Plant Street Tree Install Curb Core— Waste Bin After the fact permit fee Lot Merger Extension of permit if the original permit has not been expired (one time) $75 FBHR* (4 hours minimum) $175 each $175 each $20 each 2 x Permit Fee $3,300 $37.52 New Fee New Fee * F13HR is the fully burdened hourly rate of a position that includes salary, benefits, and applicable overhead (for operational and administrative support). Page 15 of 21 CITY OF BALDWIN PARK EXHIBITA-4 POLICE FEE SCHEDULE Effective September 6, 2021 Service / Application FY 2020-21 Fee FY 2021-22 Proposed Comments Fee Changes POLICE REPORT COPY Direct from Department $55 PHOTOGRAPH COPY RELEASE $25 for first picture; $5 for each additional picture RELEASE/STORAGE OF FIREARMS If completed within one calendar year of receipt $50 Every month after first calendar year $2.0 VEHICLE CITATION VERIFICATION $15.50 FINGERPRINT CARD PREPARATION $16.50 IMPOUND/STORED VEHICLE RELEASE Vehicle release $245 IMPOUND/STORED VEHICLE RELEASE -DUI $400 VENDOR CART/MDSE STORAGE+RELEASE Cart $245 CIVIL SUBPOENA SVC BY OFFICER Federal subpoena $40 All others $275 SUBPOENA (DUCES TECUM/RECORDS) Labor per hour $24 Per page copy of document $0.10-$0.20 Per CD/Cassette tape - audio recording $5 Per DVE/Vicleo tape - video recording $10 Preparation of documents for subpoena $15 RESIDENTIAL ALARM PERMIT& RESPONSE Annual alarm permit $26 False alarm charge (residential) 1st offense 2nd offense $33 3rd offense $42 4th offense $50 Sth+ offense $100 Appeal fee $8 COMMERCIAL ALARM PERMIT & RESPONSE Annual alarm permit $73 False alarm charge (commercial) 1st offense Free 2nd offense $100 3rd offense $17S 4th offense $250 5th+ offense $250 Appeal fee $25 "PAY TO STAY" JAIL SERVICE $100 $175 BOOKING FEE $170 (includes one day jail time); $100 for each additional day in jail T175 (includes one dayTaWl Based on other time); $100 for each cities' rate additional day in jail ROBBERY FALSE ALARM $100 NON -REGISTERED RESIDENTIAL FALSE ALARM $150 FIRST FALSE ALARM $175 SECOND FALSE ALARM $225 THIRD FALSE ALARM $275 FOURTH FALSE ALARM $325 FFIFTH OR MORE FALSE ALARM $375 Page 16 of 21 CITY OF BALDWIN PARK EXHIBITA-5 RECREATION PROGRAM FEE SCHEDULE Effective September 6, 2021 Program Description FY 2020-21 Fee Residents Non -Residents Swim Lessons Children $45 $60 Adults $55 $75 Recreational Swimming Youth $1 $2 0 — 17 years Adults $2 $3 18 — 54 years Senior Citizens $0.75 $1.75 55 years + Weight Room Monthly $12 $15 8 - 17 years Annual $100 $150 8 - 17 years Monthly $22 $32 18 years+ Annual $180 $300 18 years+ Boxing Program Monthly $12 $15 8 - 17 years Annual $100 $150 8 - 17 years Monthly $22 $32 18 years+ Annual $200 $300 18 years+ Facility Rentals Aquatic Center 1 — 20 people $67/hr $98/hr 21 — 50 people $93/hr $182/hr 51 — 100 people $121/hr $250/hr 101 — 150 people $174/hr $306/hr DEPOSIT $150 $150 Basketball Gym 100 orless $60/hr $110/hr 101 or more $80/hr $140/hr DEPOSIT $150 $150 Amphitheater Amphitheater $78/hr $105/hr Lights $40/hr $65/hr Security Guard $30/hr $30/hr DEPOSIT $300 $300 Community Center lGame Room I $46/hr $82/hr I DEPOSIT 1 $100 $100 17 of 4 CITY OF BALDWIN PARK EXHIBITA-5 RECREATION PROGRAM FEE SCHEDULE Effective September 6, 2021 Program Description FY 2020-21 Fee Residents Non -Residents Dance Studio $32/hr $55/hr *Meeting Rm-Single $35/hr $55/hr *MeetinR Rm-Double $55/hr $110/hr Morgan Park Picnic Shelter (1-40) $82 Flat $108Flat Picnic Shelter (41-80) $118 Flat $128 Flat Athletic Field $60/hr $110/ hr Lights $40/hr $65/hr Senior Center Celebration Hall (100 or less) $125/hr $160/hr Celebration Hall (101 or more) $160/hr $200/hr Security Guard $30/hr $30/hr DEPOSIT $500 $500 *Single Meeting Rooms (Adobe East/West, Avocz $35/hr $55/hr *Double Meeting Rooms (Adobe East & West) $55/hr $110/hr DEPOSIT $150 $150 Arts & Recreation Center Celebration Hall $125/hr (100 or less) $160/hr Celebration Hall $160/hr (100 or more) $200/hr Security Guard $30/hr $30/hr DEPOSIT $500 $500 *Multipurpose Room $50/hr $78/hr DEPOSIT $150 $150 Executive Board Room $52/hr $78/hr DEPOSIT $200 $200 Dance Studio $32/hr $55/hr DEPOSIT $150 $150 Amphitheater $82/hr $105/hr Security Guard $30/hr $30/hr DEPOSIT $300 $300 Family Service Center Hall $75/hr $120/hr DEPOSIT $150 $150 *Meeting Room $35/hr $55/hr DEPOSIT $150 $150 Barnes Park Family Recreation Cente 18 of 4 CITY OF BALDWIN PARK EXHIBITA-5 RECREATION PROGRAM FEE SCHEDULE Effective September 6, 2021 Program Description FY 2020-21 Fee Residents Non -Residents *Meeting Room $35/hr $55/hr DEPOSIT $150 $150 Game Room $26/hr $51/hr DEPOSIT $100 $100 Picnic Shelter (1-40) $82 Flat $118 Flat Picnic Shelter (41-80) $118 Flat $128 Flat DEPOSIT $100 $100 Athletic Field $60/hr $110/hr Lights $40/hr $65/hr DEPOSIT $150 $150 Teen Center *Meeting Room $35/hr $65/hr DEPOSIT $150 $150 Game Room $46/hr $82/hr Rock Wall $21/hr $26/hr DEPOSIT $100 $100 Hilda L. Solis Park Picnic Shelter (41-80) $118 Flat $128 Flat DEPOSIT $100 $100 Walnut Creek Nature Park Gazebo $50/hr $75/hr DEPOSIT $150 $150 Syhre Park Athletic Field $60/hr $110/hr Lights $40/hr $65/hr DEPOSIT $150 $150 Equipment TV/VCR Not Available Not Available P.A. System Not Available Not Available Slide Projector Not Available Not Available Screen Not Available Not Available Podium Not Available Not Available Inflatable/Mechanical Ri( $25/day $30/day Decorating / Set Up Fee $50/hr $55/hr Processing Fee (Per Application) $25 $30 NOTE Fees remain unchanged from prior year. Staff will regularly review the above rates whenever significant changes occur in the market and represent the new competitive rates to the City Council for approval. 19 of 4 CITY OF BALDWIN PARK EXHIBITA-6 ANIMAL CARE AND CONTROL LICENSE FEE SCHEDULE Effective September 6, 2021 (Fees Remain Unchanged from Prior Fiscal Year) *** Penalty fee is assessed if the license fee is paid more than 30 days late. ****Current fee includes County processing fee. 20 of 1 Military Senior* (60 Veterans— with years+) Disabilities Field Unaltered Owned Owned Altered Unaltered Enforcement Dog Altered Dog Altered Dog Dog Cat Altered Cat Fee Penalty Fee*** FY 2020-21 Current Fee.... $60.00 $20.00 $7.50 $7.50 $10.00 $5.00 $40.00 Same as License Fee *** Penalty fee is assessed if the license fee is paid more than 30 days late. ****Current fee includes County processing fee. 20 of 1 CITY OF BALDWIN PARK EXHIBITA-7 BUSINESS LICENSE FEE SCHEDULE Effective September 6, 2021 Advertising $80.00 Each Billiard & Pool Hall $50.00 + $15.00 for Ea. Table in Asphalt Contractor Excess of One BowlingAlley $50�00 + $15.00 for Ea. Lane in Demolition Contractor Excess of One Carnival / Circus $62.50 per day + $12.50 Ea. Fence/Block Wall Contractor Ride +Temporary Use Permit Flooring Contractor $125.00 per day maximum e or Mechanical Rides Box ette & Tobacco Machine -handise or Service iine Activated at 25( or more ime Activated at 24( or less ige Stamp Machines Table g Machine Delivery Hall :le/Trailers New/Used Wrecking Yard $60.00 Each $15.00 Each $10.00 Each $10.00 Each $ 5.00 Each $ 1.25 Each $50.00 First Table + $15.00 Each Table In Excess of One See Retail/Wholesale Delivery $250.00 Per Year $0.25 Each Fixed Seat or CarSpace $175.00 Not Prorated $100.00 $80.00+ ($7.00 for Each Employee over Three) General Contractor $100.00 Per Year General Contractor -Home OCC $50.00 Per Year Asphalt Contractor $50.00 Per Year Concrete Contractor $50.00 Per Year Demolition Contractor $50.00 Per Year Electrical Contractor $50.00 Per Year Fence/Block Wall Contractor $50.00 Per Year Flooring Contractor $50.00 Per Year Heating/Air Cond. Contractor $50.00 Per Year Masonry Contractor $50.00 Per Year Painting Contractor $50.00 Per Year Patio/Awning Contractor $50.00 Per Year Pipeline Contractor $50.00 Per Year Plumbing Contractor $50.00 Per Year Roofing Contractor $50.00 Per Year Sewer Contractor $50.00 Per Year Sign/Neon Contractor $50.00 Per Year Swimming Pool Contractor $50.00 Per Year Plaster/Drywall Contractor $50.00 Per Year Miscellaneous Contractor $50.00 Per Year .Home Occupation Contractor $50.00 Per Year Note: The business license fees remain unchanged from prior years. $50.00 + $9.00 FOR EACH EMPLOYEE OVER THREE (3) $50.00 FOR EACH PRACTICING MEMBER Dry Cleaner + $9.00 FOR EACH EMPLOYEE OVER THREE (3) Accountant Mortician Appraiser Optician Architect Optometrist Attorney at Law Osteopath Physician Auditor Physiotherapist Bacteriologist Surveyor Chemist Veterinarian Chiropodist X-ray Lab Chiropractor Professional -Home OCC Dentist Liquor Store Engineering Consultant Professional -Other than -Geologist Specified Note: The business license fees remain unchanged from prior years. $50.00 + $9.00 FOR EACH EMPLOYEE OVER THREE (3) Auto Parts/Supplies Dry Cleaner Nursery/Florist Auto Repair, Paint or Entertainment Produce Store Bodywork Furniture Store Retail Stores -All Bakery Gasoline Station Savings & Loan Co. Barber Shop Grocery Store Security Patrol Beauty Salon Income Tax Service Shoe Store Burglar Alarm Co. Jewelry Store Termite & Pest Control Clothing Store Liquor Store Trucking Company Dog Kennel Manufacturing Wholesale Sales Drive-in Dairy Meat Market T.V. Repair Drug Store/Pharmacy Misc. Services Filmmaking Rentals -Apartments Rentals -Single Family Unit Rentals -Commercial Real Estate Real Estate -Home OCC Beer Tavern Cocktail Lounge Restaurant Drive-fin/Take Out Food Rest Homes/Convalescent Rooming House Laundromat Self-Serv. Car Wash �,ohcrtor per person Solicitor per person -OCC Solicitor per company Home Occupations - All Bingo Licenses BUSINESS NOT SPECIFICALLY NAMED Warehouse, Distribution Storage Motorized Vendor Vehicles Retail/Wholesale Delivery Retail/Wholesale Delivery - Home OCC Hospital Hotel Motel Trailer Park Newspaper -Daily Newspaper -Weekly Junk Dealer Pawnshop $100.00 Each Day $15.00 Each Unit $30.00 Each Unit $50.00 + (95C per every $1,000 in rental income in excess of $25,000 annually) $10(L00 + $7.00 for Each Employee over 3 $50.00 Per Seoting Capocity, from: 0-25 $50.00 26-100 $75.00 101 & Over $150.00 $50.00 + $5.00 for Each Bed $10.00 Per Bed $50.00 Per Year $50.00 Per Year $100.00 Per Year or $15.00 Per Day $ 50.00 Per Year or $15.00 Per Day $300.00 (not to exceed 15 individual solicitors) $50.00 Per Year $50.00 Per Year $50.00 + $9.00 for each employee over 3 $100.00+(3C per sq ft of chargeable covered and enclosed space) $145.00 per Vehicle (Sale of Goods on Public Right -of -Way or Private Property) $50.00 per Vehicle + $10.00 for Each Additional Vehicle $100.00 + $5.00 for Each Bed $50.00 + $5.00 for Each Unit over three (3) $100.00 Per Year $50.00 + $7.00 for Each Employee over three (3) N E W S RE L E AS! BUREAU OF LABOR STATISTICS J. S. D E P A ---2 T kk---E�4 T E) F L For Release: Thursday, June 10, 2021 WESTERN INFORMATION OFFICE: San Francisco, Calif. Technical information: (415) 625-2270 BLSinfoSF@bls.gov www.bis.gov/regions/west Media contact: (415) 625-2270 V, T TES 21 -1047 -SAN Consumer Price Index.) Los Angeles area — May 2021 Area prices were up 0.6 percent over the past month, up 3.9 percent from a year ago Prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI -U), advanced 0.6 percent in May, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Rosenlund noted that the May increase was influenced by higher prices for gasoline, shelter, and new and used motor vehicles. (Data in this report are not seasonally adjusted. Accordingly, month- to-month changes may reflect seasonal influences.) Over the last 12 months, the CPI -U advanced 3.9 percent. (See chart 1 and table A.) Food prices rose 3.4 percent. Energy prices jumped 30.1 percent, largely the result of an increase in the price of gasoline. The index for all items less food and energy rose 2.1 percent over the year. (See table 1.) 1!11111 ill l l ql I Source: U.S. Bureau of Labor Statistics Food Food prices advanced 0.4 percent for the month of May. (See table 1.) Prices for food away from home rose 0.5 percent. Prices for food at home increased 0.3 percent. Over the year, food prices rose 3.4 percent. Prices for food away from home advanced 4.4 percent since a year ago. Prices for food at home moved up 2.3 percent led by higher prices for fruits and vegetables (4.7 percent). Energy The energy index rose 4.2 percent over the month. The increase was mainly due to higher prices for gasoline (4.0 percent). Prices for natural gas service jumped 20.9 percent, but prices for electricity decreased 0.3 percent for the same period. Energy prices jumped 30.1 percent over the year, largely due to higher prices for gasoline (45.5 percent). Prices paid for electricity increased 10.6 percent, and prices for natural gas service rose 10.5 percent during the past year. All items less food and energy The index for all items less food and energy rose 0.4 percent in May. Higher prices for motor vehicle insurance (2.9 percent), new and used motor vehicles (2.5 percent), and shelter (0.3 percent) were partially offset by lower prices for household furnishings and operations (-1.6 percent) and recreation (-0.7 percent). Over the year, the index for all items less food and energy rose 2.1 percent. Components contributing to the increase included motor vehicle insurance (21.2 percent), new and used motor vehicles (9.3 percent), and shelter (1.0 percent). Partly offsetting the increases were price decreases in household furnishings and operations (-2.1 percent) and education and communication (-1.5 percent). Table A. Los Angeles -Long Beach -Anaheim, CA, CPW 1 -month and 12 -month percent changes, all items index, not seasonally adjusted The June 2021 Consumer Price Index for the Los Angeles area is scheduled to be released on July 13, 2021. 2017 2018 2019 2020 2021 Month 12 12- 12 12- 12 - 1 -month month 1 -month month 1 -month month 1 -month month 1 -month month January .................................................... 0.9 2.1 0.8 3.5 0.7 3.2 0.8 3.1 0.2 0.9 February .................................................. 0.6 2.7 0.7 3.6 0.1 2.5 0.3 3.4 0.4 1.0 March ...................................................... 0.3 2.7 0.4 3.8 0.6 2.7 -0.7 1.9 0.5 2.2 April ......................................................... 0.2 2.7 0.4 4.0 1.0 3.3 -0.3 0.7 1.1 3.6 May .......................................................... 0.3 2.5 0.4 4.1 0.2 3.1 0.4 0.9 0.6 3.9 June ......................................................... -0.2 2.2 -0.2 4.0 0.0 3.3 0.5 1.4 July .......................................................... 0.3 2.5 0.2 3.9 0.1 3.3 0.6 1.9 August ..................................................... 0.3 2.8 0.2 3.9 0.0 3.0 0.1 2.0 September ............................................... 0.4 3.1 0.5 3.9 0.5 3.0 -0.3 1.2 October .................................................... 0.4 3.1 0.5 4.1 0.7 3.2 0.2 0.7 November ................................................ 0.1 3.6 -0.3 3.6 -0.3 3.2 0.1 1.0 December ................................................ 0.0 3.6 -0.3 3.2 -0.6 3.0 -0.2 1.5 The June 2021 Consumer Price Index for the Los Angeles area is scheduled to be released on July 13, 2021. Coronavirus (COVID-19) Pandemic Impact on May 2021 Consumer Price Index Data Data collection by personal visit for the Consumer Price Index (CPI) program has been suspended since March 16, 2020. When possible, data normally collected by personal visit were collected either online or by phone. Additionally, data collection in May was affected by the temporary closing or limited operations of certain types of establishments. These factors resulted in an increase in the number of prices considered temporarily unavailable and imputed. While the CPI program attempted to collect as much data as possible, many indexes are based on smaller amounts of collected prices than usual, and a small number of indexes that are normally published were not published this month. Additional information is available at https://www.bls.gov/covidl9/effects-of- covid-19-pandemic-on-consumer-price-index.htm. Technical Note The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers approximately 29 percent of the total U.S. population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments—department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date; for most of the CPI -U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the Internet at www.bls.gov/ cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov/opub/hom/ cpi/. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Los Angeles -Long Beach -Anaheim, CA metropolitan area includes Los Angeles and Orange Counties in California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691-5200; Federal Relay Service: (800) 877-8339. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Los Angeles -Long Beach -Anaheim (1 982-84=1 00 unless otherwise noted) Item and Group 282.648 Indexes 287.620 Percent change from - Commodities ........... ............. ...... ......... ...... .... Mar. Apr. May May Mar. 194.665 Apr. 2.3 2021 2021 2021 2020 2021 11.1 2021 Expenditure category Nondurables less food & beverages . .......... 194.778 197.510 200.080 14.4 2.7 1.3 All items .................................................................. 282.648 285.808 287.620 3.9 1.8 1.0 0.6 All items (1967=100) .............................................. 835.067 844.403 849.756 - - - Food and beverages .......................................... 283.505 287.089 288.225 3.4 1.7 0.4 Food ............................................................... 283.750 287.567 288.639 3.4 1.7 0.4 Food at home .............................................. 267.292 273.030 273.803 2.3 2.4 0.3 Cereals and bakery products .................. 281.430 283.353 282.619 0.0 0.4 -0.3 Meats, poultry, fish, and eggs .................. 302.461 307.235 311.151 1.4 2.9 1.3 Dairy and related products ...................... 259.853 258.855 262.934 -0.3 1.2 1.6 Fruits and vegetables .............................. 358.042 374.431 364.347 4.7 1.8 -2.7 Nonalcoholic beverages and beverage 268.265 276A35 274.821 1.1 2.4 -0.5 materials(l) ......... ... - ....... .......... Other food at home ... .............. ............. 199.524 203.904 208.027 4.5 4.3 2.0 Food away from home... � ... ......................... 296.916 298.823 300.175 4.4 1.1 O�5 Alcoholic beverages ................. ...... .... 260.197 260.793 262.603 3.1 0.9 07 Housing... ................ ......... ... - .............. .... 326.591 327.410 328.792 1.4 0.7 0A Shelter . ...... ....... ......... __ ... - ........ 375.676 376.875 378.182 1.0 0.7 03 Rent of primary residence(2) ....... ........ 400.962 401.462 402.879 0.9 0.5 0A Owners'equiv. rent of residences(2)(3) ....... 392.227 391.614 392.634 0.6 0.1 03 Owners'equiv. rent of primary 392.204 391.592 392.612 0.6 0.1 0.3 residence(l)(2) ........................................ Fuels and utilities ............................................ 373.221 371.953 384.156 9.9 2.9 3.3 Household energy ....................................... 325.995 324.439 339.425 10.6 4.1 4.6 Energy services(2) .................................. 324.444 322.917 338.030 10.6 4.2 4.7 Electricity(2) .......................................... 381.498 383.502 382.304 10.6 0.2 -0.3 Utility (piped) gas service(2) ................. 250.837 241.865 292.442 10.5 16.6 20.9 Household furnishings and operations ........... 120.176 120.280 118.394 -2.1 -1.5 -1.6 Apparel ............................................................... 111.445 110.832 110.660 7.2 -0.7 -0.2 Transportation .................................................... 216.878 225.729 232.220 19.5 7.1 2.9 Private transportation ..................................... 218.064 224.775 230.905 19.8 5.9 2.7 New and used motor vehicles(4) .................... 91.675 96.073 98.432 9.3 7.4 2.5 New vehicles(l) ........................................... 171.386 173.352 175.268 1.8 2.3 1.1 Used cars and trucks(l) .............................. 293.092 320.026 341.860 29.3 16.6 6.8 Motor fuel .................................................... 291.927 301.473 313.441 45.4 7.4 4.0 Gasoline (all types) .................................. 285.179 294.486 306.245 45.5 7.4 4.0 Gasoline, unleaded regular(4) .............. 284.872 294.509 306.623 46.6 7.6 4.1 Gasoline, unleaded midgrade(4)(5) ...... 273.815 283.189 293.696 42.9 7.3 3.7 Gasoline, unleaded premium(4) ........... 276.184 283.871 293.985 41.8 6.4 3.6 Motor vehicle insurance(l) ............................. 802.689 800.022 823.411 21.2 2.6 2.9 Medical care ....................................................... 505.630 508.953 510.991 0.0 1.1 0.4 Recreation(6) ...................................................... 105.756 110.592 109.800 2.1 3.8 -0.7 Education and communication(6) ....................... 147.020 146.927 147.137 -1.5 0.1 0.1 Tuition, other school fees, and child care(l) .. 1,911.766 1,911.766 1,916.782 -2.6 0.3 0.3 Other goods and services .................................. 462.504 468.902 465.845 3.7 0.7 -0.7 Commodity and service group All items ......... ................ ................ ............... 282.648 285.808 287.620 3.9 1.8 0.6 Commodities ........... ............. ...... ......... ...... .... 190.310 193.088 194.665 7.3 2.3 O�8 Commodities less food & beverages ........ ..... 142.487 144.819 146.550 11.1 2.9 1.2 Nondurables less food & beverages . .......... 194.778 197.510 200.080 14.4 2.7 1.3 Durables ........... ............. ............... __ ... 92.146 94.010 94.971 6.2 3.1 1.0 Services... ............. ...... ......... ... - .............. .... 364.509 367.939 369.922 2.2 1.5 O�5 Note: See footnotes at end of table. 5 Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Los Angeles -Long Beach -Anaheim (1 982-84=1 00 unless otherwise noted) - Continued Item and Group Indexes Percent change from- Apr. 0 2021 2021 2021 2020 2021 202rl I Mar. Apr. May May I Mar Special aggregate indexes All items less medical care ..................................... 272.925 276.059 277.851 4.2 1.8 0.6 All items less shelter .................................. ........ 241.621 245.599 247.617 5.8 2.5 0.8 Commodities less food ........................................... 147.596 149.884 151.630 10.6 2.7 1.2 Nondurables .................................................. ........ 240.376 243.550 245.414 7.6 2.1 0.8 Nondurables less food ............................................ 201.533 204.134 206.673 13.2 2.6 1.2 Services less rent of shelter(3) ............................... 358.214 364.931 367.927 3.9 2.7 0.8 Services less medical care services ....................... 351.183 354.558 356.612 2.3 1.5 0.6 Energy .................................................. ............ 306.138 311.797 324.926 30.1 6.1 4.2 All items less energy .............................................. 283.317 286.335 287.403 2.3 1.4 0.4 All items less food and energy ........................... 283.389 286.255 287.323 2.1 1.4 0.4 Footnotes (1) Indexes on a December 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. 6 ITEM NO. 10 TO: Honorable Mayor and Members of the City Council _HUSLOF FROM: Enrique C. Zaldivar, Chief Executive Officer Ir DATE: July 21, 2021 L JANO SUBJECT: Approval of Agreement/s for Communications and Social Media Services Q1 IRAUADV The City Council requested an RFP be conducted to provide communications and social media services to the City of Baldwin Park. RECOMMENDATION It is recommended that the City Council choose firms from the list and authorize the Mayor and City Clerk to execute agreements with the selected firms. FISCAL IMPACT There is no fiscal impact. The action merely gives the City additional social media services options. BACKGROUND The City Council requested staff to conduct a search for Communications and Social Media Services to provide various services to the City. Staff prepared an RFP (Request for Proposals) and it was advertised and posted on the City's website. The City received five responses to the RFP from firms indicated below. Tripepi Smith & Associates, Inc. PO Box 52152, Irvine, CA 92619 Ryder2TripepiSmithxom 626-536-2173 Augustine Agency 3017 Douglas Blvd., Ste. 200, Roseville, CA 95661 405-642-6413 ezuerker@augustineagency.com Goodsides 5250 Lankershim Blvd #500, North Hollywood, CA 91601 louis oovernment. media 833.981.2816 We the Creative 27132 Paseo Espada, Unit B1225, San Juan Capistrano, CA 92675 joven(Twethecreative.com 877-877-1218 Zooka Creative 2445 Augustine Drive, Suite 150, Santa Clara, CA 95054 steve zookacreafive.com 901-800-9665 ALTERNATIVES The City Council could decide to include or exclude firms as an alternate to staff's recommendations. LEGAL REVIEW Not required ATTACHMENTS RFP's are available at the City Clerk's Office. ITEM NO. 11 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Benjamin Martinez, Community Development Director DATE: July 21, 2021 SUBJECT: Request for Direction on a Proposed Ordinance Prohibiting the Sale of Flavored Tobacco Products SUMMARY A request for direction and comments from the City Council of the City of Baldwin Park regarding a proposed ordinance that would amend Section 125.020 (Requirements and Prohibitions) of Chapter 25 of the City of Baldwin Park to prohibit the sale of flavored tobacco products. RECOMMENDATION Staff recommends that the City Council provide direction and comments on the proposed ordinance, after which, staff will bring back a final draft for a first reading. FISCAL IMPACT There is no fiscal impact to direction provided by City Council on the proposed ordinance. BACKGROUND The use of flavored tobacco products including the use of e-cigs, e -hooks, mods, tank systems and vape pens have become an epidemic among our youth and has prompted action at the federal, state and local levels. These mentholated and flavored products have been shown to be "starter" products for youth who then begin using tobacco. In response to City Council direction, the City Attorney has drafted a proposed ordinance that would prohibit the sale of flavored tobacco products after reviewing several other city model ordinances from El Monte, Alhambra, as well as the City and County of Los Angeles. The proposed ordinance for Baldwin Park: 1 . Would amend Section 125.020 of the Municipal Code to include new definitions for "Characterizing flavor," "Electronic smoking device," "Flavored tobacco product," "Tobacco product," and "Tobacco retailer." 2. Add Subsection H to specifically prohibit the sale of any flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device. Staff is now requesting direction and comments from City Council to continue to develop the ordinance to the point where it would be ready for a first reading. ALTERNATIVES The City Council may decide not to move forward with the ordinance. LEGAL REVIEW This proposed ordinance has been prepared by the City Attorney. ATTACHMENTS 1. Proposed Ordinance ORDINANCE NO. WHEREAS, the potential failure of tobacco retailers to comply with tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare of the residents of the City of Baldwin Park (the 4'City") ; WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), enacted in 2009, prohibited candy and fruit flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely than older smokers to have tried these products; WHEREAS, although the manufacture and distribution of flavored cigarettes (excluding menthol) are banned by federal law, neither federal law nor California law restricts the sale of menthol cigarettes or flavored non -cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; WHEREAS, flavored tobacco products are very common in California tobacco retailers as evidenced by the following: * 97.4% of stores that sell cigarettes sell menthol cigarettes; * 94.5% of stores that sell little cigars sell them in flavored varieties; * 84.2% of stores that sell electronic smoking devices sell flavored varieties; and * 83.8% of stores that sell chew or snus sell flavored varieties; WHEREAS, more than I in 4 stores located within 1,000 feet of California schools sell tobacco, and more than 3 out of 4 of these tobacco retailers sell flavored tobacco products (not including mentholated cigarettes); WHEREAS, mentholated and flavored products have been shown to be "starter" products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction; WHEREAS, at least one study has found that the majority of smokeless tobacco users reported that the first smokeless product they used was mint -flavored (such as ice, mint, spearmint, or wintergreen flavors), and almost two-thirds who transitioned to daily use of smokeless tobacco products first used a mint -flavored product; WHEREAS, young people are much more likely than adults to use menthol, candy and fruit flavored tobacco products, including cigarettes, cigars, cigarillos, and hookah tobacco; WHEREAS, 70% of middle school and high school students who currently use tobacco, report using flavored products that taste like menthol, alcohol, candy, cotton candy, bubble gum, fruit, chocolate, or other sweets; WHEREAS, data from the National Youth Tobacco Survey indicate that more than two-fifths of US middle school and high school smokers report using flavored little cigars or flavored cigarettes; WHEREAS, much of the growing popularity of small cigars and smokeless tobacco is among young adults and appears to be linked to use of flavored products; WHEREAS, the Centers for Disease Control and Prevention has reported a more than 800% increase in electronic cigarette use among middle school and high school students between 2011 and 2015; WHEREAS, nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and bubble gum; WHEREAS, the California Attorney General has stated that electronic cigarette companies have targeted minors with fruit -flavored products; WHEREAS, between 2004 and 2014 use of non -menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+); WHEREAS, people ages 12 and older from communities of color are more likely to smoke mentholated cigarettes and flavored tobacco products as evidenced by the following percentages of people who smoke cigarettes reported smoking mentholated cigarettes in the last month; a. 82.6% of Black or African American individuals; b. 53.2% of Native Hawaiians or Other Pacific Islanders; c. 36.9% of individuals with multiracial backgrounds; d. 32.3% of Hispanic or Latino individuals; e. 31.2% of Asian individuals; f. 24.8% of American Indians or Alaska Natives; and g. 23.8% of White or Caucasian individuals; WHEREAS, adding menthol and other flavorings to tobacco products, such as cigarettes, little cigars, cigarillos, and smokeless tobacco, can mask the natural harshness and taste of tobacco, making these products easier to use and increasing their appeal among youth; WHEREAS, the tobacco industry has been manipulating the dose of menthol in cigarettes to ensure the uptake and continued use of tobacco, especially by young people and vulnerable populations for many years; WHEREAS, smoking mentholated cigarettes and flavored tobacco products reduces the likelihood of successfully quitting smoking; WHEREAS, the tobacco industry has a well-documented history of developing and marketing mentholated and flavored tobacco brands to communities of color and youth; WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that "for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% ... the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher ... and the cost of Newport was 12 cents lower." There was no such association found for non -mentholated and non -flavored cigarettes and tobacco products; WHEREAS, a study found that price reduction promotions for menthol cigarettes and flavored tobacco products are disproportionately targeted to youth mark-ets; WHEREAS, scientific reviews by the Tobacco Products Scientific Advisory Committee and the United States Federal Drug Administration found marketing of menthol cigarettes and flavored tobacco products likely increases the prevalence of smoking among the entire population, and especially among youth, African Americans, and possibly Hispanic and Latino individuals; WHEREAS, scientific studies on the impact of a national ban on menthol in cigarettes and flavored tobacco products found 36.5% of menthol and flavored tobacco products users would try to quit smoking if menthol and flavored tobacco products were banned and between 300,000 and 600,000 lives would be saved by 2050; WHEREAS, the Attorney General of State of California supports the ban against flavored tobacco products and has filed a brief with the Ninth Circuit Court in support of the ban; WHEREAS, an evaluation of New York City's law, which prohibits the sale of all flavored tobacco, excluding menthol, found that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type oftobacco; WHEREAS, the flavored tobacco ordinance of the City and County of San Francisco ("San Francisco") was implemented in the fall of 2018. To date, no holder of a San Francisco tobacco retailer license is known to have gone out of business because of the flavored tobacco ordinance; and WHEREAS, the prohibitions set forth herein would still provide for the sale of tobacco -flavored tobacco products. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. Section 125.020 of Chapter 25 (Tobacco Retail Licensing) of the City of Baldwin Park Municipal Code is hereby amended by the following new definitions and such Section 125.020 shall be reorganized upon the inclusion of such additional definitions to ensure that all definitions therein are set forth in alphabetical order: "Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to tor during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, cotton candy, herb, bubble gum, spice, or any other flavor that is designed to mask the aroma and flavor of natural tobacco or tobacco -related products. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any tobacco product or nicotine delivery device, including electronic smoking devices. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e -cigarette, e -cigar, c -pipe, vape pen, or e -hookah. Electronic smoking device includes any component, part, or accessory of the devise, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. "Flavored tobacco product" means any tobacco product, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has: (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor "Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of tobacco products. "Tobacco product" means: 1. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff, 2. any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; or 3. any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately or any of these contains tobacco or nicotine. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. SECTION 3. Section 125.020 of Chapter 25 of the City of Baldwin Park Municipal Code is hereby amended by the addition of a new Subsection, which shall read as follows and be set forth in alphabetical order within Section 125.020: H. No tobacco retailer shall sell or offer for sale or possess with the intent to sell or offer for sale, any flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including but not limited to individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has: 1. made a public statement or claim that the tobacco product imparts a characterizing flavor; 2. used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or 3. taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. SECTION 4. Inconsistent Provisions. Any provision of the City of Baldwin Park Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional. SECTION 6. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of City of Baldwin Park at the regular meeting of this th day of � 202 1. ILOZA Mayor of the City of Baldwin Park ATTEST: LIM City Clerk of the City of Baldwin Park AGENDA BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 July 21, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https.11www.youtube.comlchannellUCFLZO dQF6jy59rhiQZ13Eg1featured?view as=subscriber http.-Ilbaldwinpark. granicus. comlViewPublisher. pha ?view id=10 Audio Streaming Simultaneously in Spanish will be available at. https.-Ilwww.voutube.com/�hanne//UC3bPFBIHcoPIk,v]X etmGcA ALD H F, S IEL, L Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian - Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PUBLIC COMMENTS COMENTARIOS DEL POBLICO The public is encouraged to address the Se invita al p0blico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablar sobre cualquier asunto the agenda or on any other matter within pubficado en la agenda o cualquier tema que its jurisdiction. In accordance with est6 bajo su jurisdicci6n. De acuerdo con e/ Chapter 39 of the Baldwin Park Municipal capitulo 39 del C6digo Municipal de la Ciudad Code, Speakers must address the de Baldwin Park, los comentaros deben se Council as a whole and refrain from dirigidos al Concilio como una sola entidad, y no making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of interrumpir la paz de la reuni6n. the meeting. L FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS 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 andlor 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 acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista alg(lna emergencia 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 y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. Treasurer's Report — May 2021 Staff recommends that the Board receive and file the Treasurer's Report for May 2021. ADJOURNMENT CERTIFICATION 1, Marlen Garcia, Secretary of the Finance Authority 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 15 th day of July, 2021. ,�FAmL,IA,Z Marlen Garcia, 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, 211 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. 466 or via e-mail at 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 ITEM NO. 1 Honorable Chair and Board Members of the Financing Authority Rose Tam, Director of Finance July 21, 2021 Treasurer's Report — May 2021 SUMMARY Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report TO: OF,11'�, ''r FROM: ko DATE: JANO SUBJECT: ITEM NO. 1 Honorable Chair and Board Members of the Financing Authority Rose Tam, Director of Finance July 21, 2021 Treasurer's Report — May 2021 SUMMARY Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2021 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE _YALUE State of California Local Agency Investment Fund (LAIF) City -including General Fund & all other Special Revenue Funds 0.315% Varies Varies $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 Housing Authority 0.315% Varies Varies 14,095.07 14,095.07 14,095.07 14,095.07 26,857,467.42 26,857,467.42 26,857,467.42 26,857,467.42 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 10,005,848.80 10,005,848.80 10,005,848.80 10,005,848.80 Fiscal Agent Funds - Successor Agency (TrustlDebt Service Fund) Varies Varies Varies 0.91 0.91 0.91 0.91 10,005,849.71 110,005,849�71 110,005,849�71 10,005,849.71 $ 36,863,31713 $ 36,863,317.13 36,863,317.13 $ 36,863,317.13 Total Investments $ 36,863,317.13 Cash with Bank of the West City Checking 11,309,051.40 Money Market Plus 42,721 �05 City Miscellaneous Cash 654,890.19 Successor Agency 1,433,756�89 Housing Authority 615,049�66 Financing Authority 11,700�00 Total Cash with Bank of the West 14,067,169.19 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,699�66 Total Cash and Investments $ 51,188,185.98 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012, The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of May 2021 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et 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: Rose Tam Director of Finance BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 June 21, 2021 THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Audio Streaming will be available at: https.1 1www.youtube.corrV�honneVUCFLZ0 dQFRiy59rhiQZ13Fgffeqtured?view qs=subscriber http��cldwinpark. granicus. comlViewPublisher. php Niew id=10 Audio Streaming Simultaneously in Spanish will be available at: https.-Ilwww.voutube.com/��hannel/UC3bPFBIHcoPIks]X getmGcA mmock'11 S A' 6"'k�kIEL'�,' N L;L E JAW Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member 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. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PI)BLICO Se invita al p6blico a dirigirse al Concitio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. De acuerdo con el capituto 39 del C6digo Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reuni6n. MENNEN HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 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 andlor 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 acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algcina emergencia 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 y1d fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report — May 2021 Staff recommends that the Board receive and file the Treasurer's Report for May 2021. 3. Approval of a Memorandum of Understanding for the Emergency Housing Voucher Program, Budget and Amendment to the Baldwin Park Housing Authority's Administrative Plan Staff recommends the Board approve: 1. The MOU between the Housing Authority of the City of Baldwin Park (BPHA) and Los Angeles Continuum of Care Los Angeles Homeless Services Authority (LAHSA); and 2. The amendment to the Housing Choice Voucher Program Administrative Plan; and 3. The EHV grant and authorize the Director of Finance to record the Budget Amendment to increase the Estimated Revenue for 902-00-000-41004-00000 for the amount of grant ($769,512); and 4. For the Director of Finance to appropriate funding from the EHV Program. ADJOURNMENT Eli CERTIFICATION 1, Marlen Garcia, Secretary of the Housing Authority 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 15th day of July, 2021. ,�?A fth*.1 AZ Marlen Garcia, 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 nd 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. 466 or via e-mail at Imorales@baldwini2ark.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 11) ITEM NO. 1 Honorable Chair and Board Members of the Housing Authority Rose Tam, Director of Finance July 21, 2021 Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $980,483.24. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The May 25 to July 12, 2021 Warrant check numbers from 72441 through 72457 in the amount of $5,055.84 and Automated Clearing House (ACH) in the amount of $975,427.40 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH TO: .......... ""6RIEL FROM: DATE: JANO SUBJECT: ITEM NO. 1 Honorable Chair and Board Members of the Housing Authority Rose Tam, Director of Finance July 21, 2021 Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $980,483.24. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The May 25 to July 12, 2021 Warrant check numbers from 72441 through 72457 in the amount of $5,055.84 and Automated Clearing House (ACH) in the amount of $975,427.40 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Check Register Report 7112/2021 Date Range: 05/25/2021...07/12/2021 Grouped by: Program and Increment VMS Date Range: ... Program: Sorted by: Check Number Payment Type: Check Numbers: ... Direct Deposit: Exclude Direct Deposit Check Cleared: All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher VCheck Number Check Date VMS Date Payee Name DD Amount El 72441 0610112021 06/01/2021 Johnny Carnacho El $62.00 [3 72442 06101/2021 06/01/2021 Bertha Cedillo El $72.00 72443 06/01/2021 06/01/2021 Vanessa G Ross El $22.00 72444 06/01/2021 06/01/2021 Jacqueline Chaves El $164.00 El 72445 06/01/2021 06/01/2021 Ruth Y Lopez 1:1 $2.00 El 72446 06/01/2021 06/0112021 Ghia Genee Bailey El $28.00 El 72447 06/01/2021 06/01/2021 Ernestina Galindo El $9.00 El 72448 06/01/2021 06101/2021 Eternal Link LLC; 0 $1506.00 El 72449 06/01/2021 0610112021 City of Carlsbad F-1 $719.42 17172460 07/01/2021 07/0112021 Johnny Carnacho El $62.00 El 72451 0710112021 07/01/2021 Bertha Cedillo 171 $72.00 [172452 0710112021 07/01/2021 Vanessa G Ross E] $22.00 072453 07/01/2021 07/01/2021 Jacqueline Chaves L] $60.00 Ll 72454 07101/2021 07/01/2021 Ruth Y Lopez El $2.00 F] 72455 07/0112C21 07/01/2021 Ghia Genee Bailey 1:1 $28.00 El 72456 07/01/2021 07/01/2021 Eternal Link LLC E] $1506.00 [--] 72457 07101/2021 07/01/2021 City of Carlsbad 1:1 $719.42 Housing Choice Voucher Total $5,055.84 Average $266.10 Unit Count 4 Average Weighted by Unit Count $1,091.00 Hard to House Count Copyright (P 2011-2021, HAPPY Software, Inc. Check Register Report YR 0711212021 Page 1 Check Register Report 7/12/2021 Date Range: 05/26/2021 ... 07/1212021 Grouped by: Program and Increment VMS Date Range: Program: Sorted by: Check Number Payment Type: Check Numbers: ... Direct Deposit: Include Direct Deposit Check Cleared: All Port Status: Include Port Ins Zero HAPs� Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher v/Check Number Check Date VMS Date Payee Name DD Amount [125589 06/01/2021 06/01/2021 Y & H Investment, Inc. $1299.00 [125590 06/01/2021 06/01/2021 Eunice Property, LI -C $1173.00 [--125591 06/01/2021 06/01/2021 Dimitris Papadopoulous $840.00 El 25592 06/01/2021 06/01/2021 Wilson Apartment Associates L.P. $2498.00 [125593 06/0112021 06/01/2021 Monet Huong Nguyen $2070.00 [:126594 06/01/2021 06/01/2021 ASCENSION HOLDINGS LLC $1081.00 E-125595 06/01/2021 06/01/2021 Tom Cinquegrani $1153.00 25596 06/01/2021 06/01/2021 Mark T. Fernandez $1084.00 25597 06101/2021 06/0112021 Melody (Muoi) Dao $1372.00 Ej 25598 0610112021 06/01/2021 John W. Ruwitch and Anh Lam Truong $1034.00 El 25599 06/0112021 06/01/2021 SAE GROUP, LLC $1673.00 El 25600 0610112021 06/01/2021 Wei Zhen Su $755.00 El 25601 06101/2021 06/01/2021 Mallorca Apartments, LTD $1238.00 El 25602 06/01t2021 06101/2021 The Sam Gurfinkel and Renee $1306.00 El 25603 06/01/2021 06/01/2021 Michael 1. or Ling Brooks $1575.00 El 25604 06/01/2021 06/01/2021 Donna J Falls $734.00 D 26605 06/01/2021 06/01/2021 Cipriano Salazar Jr. $1238.00 El 25606 06101/2021 06/01/2021 Dung Tran $448.00 El 25607 06/01/2021 06/01/2021 Monrovia 612, LP $8499.00 El 26608 06101/2021 06101/2021 Leslie K Ng $527,00 El 25609 06/0112021 06/01/2021 Jun Hua Hu $2221.00 El 25610 06101/2021 06/01/2021 Peter R Nasmyth $335.00 El 25611 06/01/2021 06/01/2021 Quoc T Vo $941.00 El 25612 06/01/2021 06/01/2021 Orange County Housing Authority $1128,70 El 25613 06/01/2021 06/01/2021 Lien Diep $1106.00 El 25614 06101/2021 06/01/2021 Rosa Lamas-Serratos $1841.00 El 25615 06101/2021 06/01/2021 Primrose Villa $4941,00 26616 06101/2021 06/01/2021 Vinh H. Lai $1041,00 25617 06101/2021 06/01/2021 Malcolm Oso $619,0D El 26618 06101/2021 06/01/2021 Dieu-Thuy Nu Ton $1546.00 E-125619 06/01/2021 06/01/2021 Dajojo, LLC $961.00 El 25620 06/01/2021 06/01/2021 Lan Hua Mi Ku $1177.00 Copyright @ 2011-2021, HAPPY Software, inc. Check Register Report YR 07/12/2021 Page i 025621 06/01/2021 06/01/2021 Maria Luz Rodriguez $1353.00 El 25622 06/01/2021 06/01/2021 Dinghwa Eddy Liu $1672.00 25623 06/01/2021 06/01/2021 Billy Theodorakopoulos $1017.00 25624 06/01/2021 06/01/2021 Wai Keng Tam $1049.00 25625 06/01/2021 06/01/2021 Don NorWGOd $1405.00 25626 06101/2021 06/01/2021 Raymond J Ruelas $1901.00 El 26627 06/01/2021 06/01/2021 Aaron Abdus Shakoor $1329.00 El 25628 06/01/2021 06/01/2021 Ana Thai $925.00 El 25629 06/0112021 06/01/2021 SRI Properties No 15 LLC $481.00 El 25630 06/01/2021 06/01/2021 Larry Chow $2829.00 [125631 06/0112021 06/01/2021 Antonio & Aida Rinos $1137.00 El 26632 0610112021 06101/2021 T & T Asset Holding, LLC $1377.00 [:125633 0610112021 06101/2021 Michael Alfred Alarcon $1324.00 El 25634 06101/2021 06/01/2021 Mousa Boushaaya $1315.00 25635 06/01/2021 06/01/2021 Tuan Viet Ho $1780.00 25636 06/01/2021 06101/2021 Carl P Heinzen $1608.00 25637 06/01/2021 06/01/2021 Jun Ye and Ming Feng $1702.00 25638 06/0112021 06/01/2021 El Monte Housing Partners LP - The $6430.00 25639 06/0112021 06101/2021 Joseph T. Tung $1116.OD 25640 06/0112021 06/0112021 Alamitas LLC $1156.00 25641 06/01/2021 06/01/2021 J.R. Howard Enterprises, Ltd $943.00 25642 06/01/2021 06/01/2021 Luan Trong Hoang $745.00 25643 06/01/2021 06101/2021 Andrew & Eva Fogg $1074.00 25644 06/01/2021 06/01/2021 Heritage Park Villas LIP $16083.00 0 25646 06/01/2021 06101/2021 Mohamad Tavakkoli $7821.00 25646 06/01/2021 06101/2021 Tyler Court Associates, LP $539.00 25647 06/01/2021 06/01/2021 Palo Verde Apartments, LP $932.00 25648 06/0112021 06/01/2021 Ha X Van $3410.00 25649 06/0112021 06101/2021 Chen Jackson $678.00 25650 06/0112021 06101/2021 Philip Tsui $807.00 25651 06/01/2021 06101/2021 Paul Yen $336�00 25652 06/01/2021 06/01/2021 Mie Chen $2283,00 [--1256,53 06/0112021 06/01/2021 Becky Binh Nguyet Luu or Eddie Ma $1627.00 0 25664 06101/2021 0610112021 Thomas Pang $1177.00 0 25655 06101/2021 06/01/2021 Tinh Van Le $770.00 25656 06101/2021 06/0112021 Everardo, Garcia $1672.00 25657 06101/2021 06/0112021 Ngoc T. Lieu $2176.00 25658 06/01/2021 06/0112021 Alfred Tai -Kong Ho and Lisa Chen $1010.00 El 25659 06101/2021 06/01/2021 Covina 023 Woods 206 LP c/o $983.00 El 25660 06/01/2021 06/01/2021 Doreen Han $1288.00 El 26661 06/01/2021 06101/2021 Roland Wiekamp $1296.00 El 25662 06/01/2021 06101/2021 PI ProperUes No. 94 LLC $1588.00 El 25663 06/01/2021 06/01/2021 AMFP IV Atrium LLC c/o Abacus $3735.00 El 25664 06/01/2021 06/01/2021 Siu Fung Mak $1285.00 El 25665 06/01/2021 06/01/2021 Baldwin Park Family Housing Limited $13461.00 El 25666 06/01/2021 06/01/2021 Grace Chiou $1236,00 Copyright@ 2011-2021, HAPPY Software, Inc. Check Register Report YR 07/1212021 Page 2 025667 06/01/2021 06/0112021 Marina Alvarez $2088.00 El 25668 06/01/2021 06/0112021 Zhi Min Li and WXL Investments Inc. $2087.00 El 25669 06101/2021 06/0112021 Sui Man Mak $773.00 [:125670 06101/2021 06/01/2021 Henry Wong $2345,00 El 25671 06/01/2021 06/01/2021 West Covina Senior Villas 11, LP $537.00 El 25672 06/01/2021 06/01/2021 Dung Trung Pham and Tammy Tram $415.00 F1 25673 06/01/2021 06/01/2021 Francisco J. Sanchez and Gloria $1036.00 25674 06/01/2021 06/01/2021 John Young $12=00 25675 06/01/2021 06/01/2021 Blessed Rock of El Monte $19064.00 [--125676 06/01/2021 06/01/2021 Vintage West Covina $7287.00 25677 06/01/2021 06/01/2021 Alfonso Contreras $417.00 26678 06/01/2021 06/0112021 Alta Vista Villas, LIP c/o Yale $2504,00 El 25679 06/01/2021 06/01/2021 Miriam Barrera $2060.00 El 25680 06/01/2021 06/01/2021 West Covina Seniors Villas 1 $1099.00 El 25681 0610112021 06/01/2021 Brookhollow Apartments $9954.00 El 25682 06/01/2021 06/01/2021 Rahmat Ray Nehdar $996.00 El 25683 06/01/2021 06/01/2021 Alexander Chan $1806.00 El 25684 06/01/2021 06/01/2021 Alan Wu $81Z00 0 26685 06/01/2021 06101/2021 Henry He $1`18UO [:125686 06/01/2021 06/01/2021 PAMA IV Properties, LP $3706.00 El 25687 06/01/2021 06/01/2021 Roger Hin Nam Mak $6967.00 El 25688 06/01/2021 06/01/2021 LAT Investments, LLC $6235.00 0 25689 06101Y2021 0610112021 Xitlalaj Del Real Sanchez $849.00 F1 25690 06101/2021 0610112021 Mary L Haynes $998.00 El 25691 06101/2021 06/01/2021 Clinett Glazis $1865.00 [125692 06/0112021 06/01/2021 Jim & Nancy Bailey $576.00 0 25693 06/01/2021 06/01/2021 Kimberly Nguyen $71&00 0 25694 06/0112021 06/01/2021 Joseph M. Kwok $1410.00 El 25695 0610112021 06101/2021 Mack E Titus $697.00 [:125696 06/01/2021 06101/2021 William J Rogers $983.00 El 25697 06/01/2021 06/01/2021 Alejandra Gutierrez $599.00 0 25698 06101/2021 06/01/2021 Lourdes J. Garrison $1451 �00 El 25699 06/01/2021 06/01/2021 Angelica Garcia $2297.00 25700 06/01/2021 06/0112021 Sophia Wong $1091.00 25701 06101/2021 06/0112021 Lois J Gaston $1028.00 26702 06/01/2021 06/01/2021 Doan & Lily Thi $1900.00 El 25703 06/01/2021 06101/2021 El Monte Affordable Housing Partner $156-00 El 25704 06/01/2021 0610112021 Jose Baudelio Delgado $1241.00 El 25705 06/01/2021 06/0112021 Larry Mimms $1067.00 El 25706 06/0112021 06/0112021 Jaime Jimenez $924.00 El 25707 06/01/2021 06101/2021 Guillermo Vasquez $1615.00 El 25708 06/01/2021 06/01/2021 Ramiro Viramontes and Veronica $506.00 El 25709 06/01/2021 06/01/2021 Joe Diaz $1754�00 El 25710 06/01/2021 06/01/2021 Fat Law $891.00 R 25711 06/01/2021 06/01/2021 Kan Investments LTD, LI -C $538.00 025712 06/01/2021 06/01/2021 Dwight Chang $1789.00 Copyright (P 2011-2021, HAPPY Software, Inc. Check Register Report YR 07112/2021 Page 3 El 25713 06/01/2021 06/01/2021 Cameron Park Community Partners, $1030.00 [125714 06/01/2021 06/01/2021 Mozhgan Tavakoli $581.00 [3 25715 06/01/2021 06/01/2021 Jun Tang $313.00 El 25716 06/01/2021 06101/2021 Anmelindon LLC $1276.00 El 25717 06/01/2021 06/01/2021 Lourdes Vela $3078.00 El 25718 06/01/2021 06/01/2021 Gilbert Roybal $459.00 [--125719 06/01/2021 06/0112021 Philip & Fanny Kwok $1208.00 El 25720 06/01/2021 06/0112021 Woodside Village Apartments LP $9069.00 25721 06/01/2021 06/01/2021 Robert Lawe $866.00 25722 06/01/2021 06/01/2021 Cynthia Pharn $759.00 0 25723 06/01/2021 06101/2021 Fanny Chan $800.00 El 25724 06/01/2021 06/01/2021 Baldwin Rose LP $1351.00 El 25725 06/0112021 06/01/2021 Kwan or Mej Chiang $1148.00 El 25726 06/01/2021 06/01/2021 Sergio Molina $196.00 25727 06/0112021 06/01/2021 VelmaAlarcon $1494.00 25728 06/01/2021 06/01/2021 Chuen Lau $1702.00 EJ 25729 06101/2021 06/01/2021 Tanya H Chen $1985.00 [:125730 06/01/2021 06101/2021 JM Lam Investment LLC: $980.00 El 26731 06/01/2021 06/01/2021 Vijay Gulat! $4384.00 El 25732 06/01/2021 06/01/2021 Joseph H. Garcia $2167.00 El 25733 06101/2021 06/01/2021 Lark Ellen Village $8197.00 El 25734 06101/2021 06101/2021 Kim Chau $856.00 El 25735 06/01/2021 06/01/2021 Aurelio and Maria Blanco $1186.00 El 25736 06/01/2021 06/01/2021 Xuyen Thach Han $1573.00 El 25737 06/01/2021 06/01/2021 EZ APT LLC $1324.00 El 25738 06/01/2021 06/0112021 Kim Wah Wong and Sau Y1 Wong $1196.00 El 25739 06/01/2021 06/01/2021 Lucena A Ewing $3689.00 El 25740 06/0112021 06/01/2021 Jocelyn Jae Jhong $2522.00 0 25741 06/01/2021 06/01/2021 Virginia Carlson $1140.00 25742 06/01/2021 06/01/2021 Emilio De Jesus Cruz $1018.00 25743 06/01/2021 06/01/2021 Dinh Thom Tran $1706.00 El 25744 06/01/2021 06/01/2021 IsabeIR Sanchez $1386.00 El 25745 06/01/2021 06/01/2021 Cienega Garden Apartments $2856.00 El 25746 06/01/2021 06/01/2021 Vinh Hong Lai $1114.00 [125747 06/01/2021 06/01/2021 Doreen E. Ewing $3113.00 0 25748 06/01/2021 06/01J2021 Moller Property Management $1011.00 26749 06/0112021 06/01/2021 TPANASCH LLC, Westgate as a sole $800.00 25750 06/0112021 06/01/2021 TDF LP - Pacific Towers c/o Winn $7569.00 025751 06/0112021 06/01/2021 Paul & Annie W Chau $1002.00 [12,5752 06/01/2021 06/01/2021 LEFA Trust $1063.00 E125753 06/01/2021 06/01/2021 Gilbert Dominguez $9573.00 El 25754 06/01/2021 06/01/2021 German Ghibaudo $1229.00 [--] 25755 06/01/2021 06/0112021 Monica Alber $728.00 El 25756 06/01/2021 06/01/2021 Ortencia Banuelos $1011.00 El 25757 06/01/2021 06/01/2021 Up Hill Investment Inc. $1504.00 E125758 06/01/2021 06/01/2021 Dieu Van Huynh $951.00 Copyright C 2011-2021, HAPPY Software, Inc. Check Register Report YR 07/1212021 Page 4 0 26759 06101/2021 06/01/2021 Kelly Nguyen N $1006.00 D 25760 06/01/2021 06/01/2021 Ramona Property Managers, Inc. $596.00 D 25761 06/01/2021 06/01/2021 Badillo Street Senior Apartments, LLC $15322.00 El 25762 06/01/2021 06/01/2021 Monrovia Heritage Park LP $20049.00 [125763 06/0112021 06/01/2021 James or Barbara Fox $1112,00 E] 25764 06/0112021 06/01/2021 Mayra Ortega $1050.00 El 25765 06/0112021 06/01/2021 Sel Homes LLC $5718.00 25766 06/01/2021 06/0112021 Hui Chuan Wang $2743.00 25767 06101/2021 0610112021 725-731 W. Duarte Rd, LLC $1047.00 25768 06/0112021 06101/2021 Nhan Nguyen and Amy Tran $2168.00 El 25769 06/01/2021 06/01/2021 Paul P Simon $1047.00 El 25770 0610112021 06/0112021 RAMONA BLVD. FAMILY $7944.00 El 25771 06/01/2021 06/01/2021 Maria Martha Martinez $1973.00 [125772 06/01/2021 06/01/2021 Greater San Gabriel Valley Property $1225.00 El 25773 06/01/2021 06/01/2021 Ronald & Pamela Layne $512.00 El 26774 06/01/2021 06/01/2021 Annette C Scott $1465.00 Ej 25775 06/0112021 06/011/2021 Denise Van Pharn $3108.00 El 25776 06/0112021 06/01/2021 Linh T Luu $1926.00 El 25777 06/0112021 06/01/2021 1024 Royal Oaks LP dba Whispering $12353.00 El 25778 06/01/2021 06101/2021 Derek Sim $1016.00 El 25779 06/01/2021 06101/2021 Allan M. & Virginia J Chipp and Ralph $2507.00 [125780 06101/2021 06/0112021 Amparo M Limon $422.00 [126781 06/01/2021 06/01/2021 Zi Jian Li $1390.00 El 25782 06/01/2021 06/01/2021 Minh A Nguyen $1274.00 El 25783 06/0112021 06/01/2021 Jaime Barcena $94&00 El 25784 06/01/2021 06/01/2021 Monica D Mao $1129.00 [:125785 06101/2021 06/01/2021 Shiu-Ein Huang $1250.00 D 25786 06/01/2021 06101/2021 LAI MING LEUNG $304.00 [125787 06/01/2021 06/01/2021 The Promenade Housing Partners, LP $4195.00 026788 06/01/2021 06/01/2021 Paramjit S Nijjar $2247.00 El 25789 06/01/2021 06/01/2021 Estate of Rosetta Mix $835.00 [125790 06/01/2021 06/01/2021 Rosa Beltran $331.00 [:125791 06/0112021 06101/2021 James Ronald Nguyen $1259.00 [:125792 06/0112021 06/01/2021 John Nguyen $931.00 [125793 06101/2021 06/01/2021 Takis Bogris $957.00 25794 06/0112021 06/01/2021 Ynfante Holdings I, LLC $1138.00 25795 06/01/2021 06/01/2021 Roman Basin $634.00 25796 06/01/2021 06/01/2021 Sandhya Kal and Padma. Kal $972.00 025797 06/01/2021 06/01/2021 Nomer Lacson $1016.00 25798 06/01/2021 06/01/2021 Anna & Simon Choi $1320.00 25799 06/01/2021 06/01/2021 Fenistine Nagengast $68�00 El 25800 06/01/2021 06/01/2021 Chung Thi Pharn $1978.00 El 25801 06/01/2021 06/01/2021 Rosie Leon $874�00 El 25802 06/01/2021 06/01/2021 Roy Lam $1063,00 El 25803 06/01/2021 06/01/2021 Golden Dragon Properties LLC: c/o $1104,00 El 25804 06/01/2021 06/01/2021 Nancy H Shen $379.00 Copyright @ 2011-2021, HAPPY Software. Inc. Check Register Report YR 07/12/2021 Page 5 025805 06/01/2021 06/01/2021 Olie S Johnson $873.00 El 25806 06/01/2021 06/011/2021 Joe Clark $1381,00 El 25807 06101/2021 0310V2021 Richard A DaSylveira $687.00 25808 06/01/2021 06/01/2021 Sara Romo $1323.00 25809 06/01/2021 06101/2021 Jeff Ma $1052.00 El 25810 06/01/2021 0610112021 T & P Property LLC $827�00 [125811 06/0112021 06/01/2021 Singing Wood Senior Housing LP $7519.00 El 25812 06/0112021 06/01/2021 Michael H Phuong $8X00 n 25813 06/01/2021 06/01/2021 Sitara B. Mamdani $1709.50 El 25814 06/01/2021 06/01/2021 Joseph Pham $820,00 El 25815 06/01/2021 06101/2021 Garvey Senior Affordable Partners, LP $2508.00 El 25816 06/01/2021 06/01/2021 Ryan Kinpong Woo and Ching King $718.00 25817 06/01/2021 06/01/2021 Mei Yan Chen $1206.00 2.5818 06/01/2021 06101/2021 Shawn Hui Zhen $2157.00 026819 06/01/2021 06/01/2021 Fred Lau $674.00 El 26820 06/08/2021 06/01/2021 Roger Hin Nam Mak $486.00 El 25821 06108/2021 06/01/2021 Lark Ellen Village $208.00 El 25822 06/08/2021 06/01/2021 Doreen E. Ewing $522.00 El 25823 06/08/2021 06101/2021 TDF LP - Pacific Towers c/o Winn $1.00 25824 06/08/2021 06/0112021 Nancy H Shen $304.00 25825 07/01/2021 07101/2021 Y & H Investment, Inc. $1048.00 El 25826 07/01/2021 07/0112021 Eunice Property, LLC $1170.00 [125827 07/0112021 07/01/2021 Dimitris Papadopoulous $840.00 [:125828 07101/2021 07/01/2021 Wilson Apartment Associates L.R $2498�00 [:125829 07/01/2021 07/01/2021 Monet Huong Nguyen $2070.00 [--125830 07/01/2021 07101/2021 ASCENSION HOLDINGS LLC $1081.00 [--125831 07/01/2021 07/01/2021 Tom Cinquegrani $1153,00 El 25832 07/01/2021 07/01/2021 Mark T Fernandez $1084.00 025833 07/01/2021 07/01/2021 Melody (Muoi) Dao $1372.00 [125834 07/01/2021 07/01/2021 John W. Ruwitch and Anh Lam Truong $1034.00 El 2,5835 07/01/2021 07/01/2021 SAE GROUP, LLC $1673.00 25836 07/01/2021 07/01/2021 We! Zhen Su $755.00 26837 07/01/2021 07/01/2021 Mallorca Apartments, LTD $1238.00 El 25838 07/01/2021 07/01/2021 The Sam Gurfinkel and Renee $1306.00 [125839 07/01/2021 07/01/2021 Michael 1. or Ling Brooks $1575,00 El 25840 07/01/2021 07/01/2021 Donna J Falls $734.00 025841 07/01/2021 07/01/2021 Cipriano Salazar Jr. $1238.00 El 25842 07/0112021 07/0112021 Dung Tran $448.00 El 25843 07/01/2021 07/0112021 Monrovia 612, LP $10220.00 [125844 07/0112021 07/01/2021 Leslie K Ng $527.00 E:j 25845 07/0112021 07/0112021 Jun Hua Hu $2221.00 [125846 07101/2021 07/0112021 Peter R Nasmyth $335.00 E:125847 07101/2021 07/01/2021 Quoc T Vo $563.00 [125848 07/01/2021 07/01/2021 Orange County Housing Authority $11128.70 n 25849 07101/2021 07/01/2021 Lien Dlep $1106.00 C1 25850 07/01/2021 07101/2021 Rosa Lamas-Serratos $1841.00 Copyright@ 20111-2021, HAPPY Software, Inc. Check Register Report YR 07/12/2021 Page 6 025851 07/01/2021 07/01/2021 Primrose Villa $4941.00 El 25852 07101/2021 07/01/2021 Vinh H. Lai $1041.00 [:125853 07101/2021 07/01/2021 Malcolm Oso $619.00 25854 07/0112021 07/01/2021 Dieu-Thuy Nu Ton $1546.00 25855 07/01/2021 07/01/2021 Dajolo, LLC $961.00 El 25866 07/01/2021 07/0112021 Lan Hua Mi Ku $1177.00 El 25857 07/01/2021 07/0112021 Maria Luz Rodriguez $1353.00 El 25858 07/01/2021 07/01/2021 Dinghwa Eddy Liu $1672.00 [125859 07/0112021 07/01/2021 Billy Theodora kopou los $1017.00 F1 25860 07/01/2021 07/01/2021 Wal Keng Tam $1049.00 F-1 25861 0710112021 07/01/2021 Don Norwood $1405.00 El 25862 07/01/2021 07/0112021 Raymond J Ruelas $1901.00 El 25863 07/01/2021 07/01/2021 Aaron Abdus Shakoor $1329.00 El 25864 07/0112021 07/01/2021 Ana Thai $925.00 El 25865 07101/2021 07/01/2021 SRI Properties No 15 LLC: $481.00 El 26866 07/01/2021 07/0112021 Larry Chow $2829.00 1125867 07/01/2021 0710112021 Antonio &Aida Rinos $1137.00 25868 07/01/2021 07101/2021 T & T Asset Holding, LLC. $1377.00 25869 07/01/2021 07/01/2021 Michael Alfred Alarcon $1324.00 El 25870 07/01/2021 07/01/2021 Mousa Boushaaya $1315.00 25871 07/01/2021 07/01/2021 Tuan Viet Ho $ 1780.00 25872 07/01/2021 07/01/2021 Carl P Heinzen $1614.00 26873 07/01/2021 07/0112021 Jun Ye and Ming Feng $1702.00 26874 07/0112021 07/01/2021 El Monte Housing Partners LP - The $6428.00 El 25875 07/0112021 07/01/2021 Joseph T Tung $1116.00 25876 07/0112021 07/01/2021 Alamitas LLC $1156.00 25877 07/0112021 07/0112021 J.R. Howard Enterprises, Ltd $943.00 25878 07/01/2021 07/01/2021 Luan Trong Hoang $746.00 F-1 25879 07/01/2021 07/01/2021 Andrew & Eva Fogg $1074.00 El 25880 07/01/2021 07/01/2021 Heritage Park Villas LP $15880.00 El 25881 07/01/2021 07/01/2021 Mohamad Tavakkoli $8522.00 El 25882 07/01/2021 07/01/2021 Tyler Court Associates, LIP $539.00 [125883 07/0112021 0710112021 Palo Verde Apartments, LP $932.00 El 25884 07101/2021 07/0112021 Ha X Van $3410.00 El 25885 07101/2021 07/01/2021 Chen Jackson $678.00 El 25886 07/01/2021 07/01/2021 Philip Tsui $80TOO E:1 25887 07/01/2021 07101/2021 Paul Yen $336.00 025888 07101/2021 07101/2021 Mie Chen $2283.00 [125889 07/01/2021 07101/2021 Becky Binh Nguyet Luu or Eddie Ma $1627.00 El 25890 07101/2021 07/01/2021 Thomas Pang $1177.00 [:125891 07101/2021 07101/2021 Tinh Van Le $770.00 [125892 07101/2021 07/01/2021 Everardo Garcia $1672.00 E:1 25893 0710112021 07101/2021 Ngoc T Lieu $2176.00 El 25894 07/0112021 07/01/2021 Alfred Tai -Kong Ho and Lisa Chen $1010.00 [125895 07/01/2021 07/01/2021 Covina 023 Woods 206 LP c/o $983.00 El 25896 07/01/2021 07/01/2021 Doreen Han $1288.00 Copyright @ 2011-2021, HAPPY Software, Inc. Check Register Report YR 07/12/2021 Page 7 El 25397 07/0112021 07/01/2021 Roland Wiekamp $129&00 [125898 07101/2021 07/01/2021 PI Properties No. 94 LLC $1588.00 El 25899 07/01/2021 07/01/2021 AMFP IV Atrium LLC c/o Abacus $3735.00 El 25900 07/01/2021 07/01/2021 Siu Fung Mak $1285.00 El 25901 07101/2021 07101/2021 Baldwin Park Family Housing Limited $13355.00 [125902 07101/2021 07/01/2021 Grace Chiou $838.00 El 25903 07101/2021 07/01/2021 Marina Alvarez $2088.00 25904 07/01/2021 07/0112021 Zhl Min Li and WXL Investments Inc. $2087.00 25906 07101/2021 0710112021 Sui Man Mak $773,00 El 2,5906 07/01/2021 07101/2021 Henry Wong $2335�00 El 25907 07/01/2021 07/01/2021 West Covina Senior Villas 11, LP $537.00 E] 25908 07/01/2021 07/01/2021 Dung Trung Pham and Tammy Tram $495.00 El 25909 07101/2021 07/01/2021 Francisco J. Sanchez and Gloria $1036.00 0 25910 07101/2021 07101/2021 John Young $1200,00 El 25911 07/01/2021 07/0112021 Blessed Rock of El Monte $19065.00 25912 07/0112021 07/01/2021 Vintage West Covina $7287.00 25913 07/0112021 07/01/2021 Alfonso Contreras $417�00 [:125914 07/0112021 07/01/2021 Alta Vista Villas, LP c/o Yale $2681.00 E] 25915 0710112021 07/01/2021 Miriam Barrera $2060.00 E:125916 07101/2021 07/01/2021 West Covina Seniors Villas 1 $1099.00 El 25917 07/01/2021 07/01/2021 Brookhollow Apartments $9954.00 El 25918 07/01/2021 07/01/2021 Rahmat Ray Nehdar $996.00 El 25919 07/01/2021 07/0112021 Alexander Chan $1806.00 25920 07/01/2021 07/01/2021 Alan Wu $812.00 26921 07101/2021 07/01/2021 Henry Ho $1180.00 E:125922 0710112021 07/0112021 PAMA IV Properties, LP $3706.00 E] 25923 07/0112021 07/0112021 Roger Hin Nam Mak $11362.00 El 25924 07/0112021 07/01/2021 LAT Investments, LLC $6250.00 25925 0710112021 07/01/2021 Xitlalai Del Real Sanchez $849.00 25926 0710112021 07/01/2021 Mary L Haynes $998.00 El 25927 07/0112021 07/01/2021 Clinett Glazis $1865.00 El 25928 07/01/2021 07/01/2021 Jim & Nancy Bailey $575.00 El 25929 07/01/2021 07/01/2021 Kimberly Nguyen $718.00 [125930 07/01/2021 07/01/2021 Joseph M. Kwok $519,00 El 25931 07101/2021 07101/2021 Mack E Titus $697.00 El 25932 07/01/2021 07/01/2021 William J Rogers $983.00 El 25933 07/01/2021 07/01/2021 Alejandra Gutierrez $599.00 E] 25934 07/01/2021 07/01/2021 Lourdes J. Garrison $1451.00 El 25935 07/01/2021 07101/2021 Angelica Garcia $2297.00 E] 25936 07/01/2021 0710112021 Sophia Wong $1091.00 El 25937 07/01/2021 07101/2021 Lois J Gaston $1028.00 El 25938 07/01/2021 07/01/2021 Doan & Lily Thi $1900.00 25939 07/01/2021 07/01/2021 El Monte Affordabie Housing Partner $15UO 25940 07/0112021 07/01/2021 Jose Baudello Delgado $1291.00 25941 07/01/2021 07/01/2021 Larry Mimms $1067.00 25942 07/01/2021 07/01/2021 Jaime Jimenez $924.00 Copyright @ 2011-2021, HAPPY Software, Inc, Check Register Report YR 07li2/2021 Page8 0 25943 07/01/2021 07/01/2021 Guillermo Vasquez $1615.00 El 25944 07/01/2021 07/01/2021 Ramiro Viramontes and Veronica $506.00 [125945 07/01/2021 07/01/2021 Joe Diaz $1754.00 El 25946 07/01/2021 0710112021 FatLaw $891.00 El 26947 07/01/2021 07/0112021 Kan Investments LTD, LLC $538.00 [125948 07/01/2021 07/01/2021 Dwight Chang $1789.00 El 25949 07/01/2021 07/01/2021 Cameron Park Community Partners, $1030.00 El 25950 07/01/2021 07/01/2021 Mozhgan Tavakoli $1467.00 25951 07/01/2021 07/01/2021 Jun Tang $313.00 25952 07/01/2021 07/01/2021 Anmelindon LLG $1276.00 25953 07/01/2021 07/01/2021 Lourdes Vela $3078.00 25954 07101/2021 07/01/2021 Gilbert Roybal $459.00 25955 07101/2021 07/01/2021 Philip & Fanny Kwok $1208.00 025966 07/01/2021 07/01/2021 Woodside Village Apartments LP $9344.00 El 25957 07101/2021 07/01/2021 Robert Lawe $866.00 El 25958 07/01/2021 07/01/2021 Cynthia Pham $769.00 El 25959 07/01/2021 07/0112021 Fanny Chan $799.00 El 25960 07/01/2021 07/0112021 Baldwin Rose LIP $1351.00 25961 07101/2021 07/01/2021 Kwan or Mei Chiang $125U0 25962 07/01/2021 07/0112021 Sergio Molina $196.00 0 26963 07/01/2021 07/01/2021 Chuen Lau $1702.00 [:125964 07101/2021 07/01/2021 Tanya H Chen $1985.00 El 25965 07/01/2021 07/01/2021 JM Lam Investment LLC $980.00 El 25966 07/01/2021 07/01Y2021 Vijay Gulati $4381.00 El 25967 07/01/2021 07/01/2021 Joseph H. Garcia $2167,00 El 25968 07/01/2021 07/01/2021 Lark Ellen Village $8545.00 [--125969 07/01/2021 07/01/2021 Kim Chau $856.00 [:125970 07/01/2021 07/01/2021 Aurelio and Maria Blanco $1186.00 025971 07/01/2021 07/01/2021 Xuyen Thach Han $11573,00 [125972 07101/2021 07101/2021 EZ APT LLC $`1324.00 [:126973 07/01/2021 07101/2021 Kim Wah Wong and Sau Yi Wong $1196.00 El 25974 07/01/2021 07/0112021 Lucena A Ewing $3668.00 El 25975 07/01/2021 07101/2021 Jocelyn Jae Jhong $2522,00 El 25976 07/01/2021 07101/2021 Virginia Carlson $1140,00 El 25977 07/01/2021 07/01/2021 Emilio De Jesus Cruz $1018.00 El 25978 07/01/2021 07/01/2021 Dinh Thom Tran $175&00 [125979 07/01/2021 07/01/2021 Isabel R Sanchez $1261.00 El 25980 07/01/2021 07/01/2021 Cienega Garden Apartments $285&00 E:125981 07101/2021 07/01/2021 Vinh Hong Lai $1114.00 [125982 0710112021 07/01/2021 Doreen E. Ewing $3635.00 25983 07/01/2021 07/01/2021 Moller Property Management $507.00 25984 07/01/2021 07/01/2021 TPANASCH LLC, Westgate as a sole $800.00 [:125985 07/01/2021 07101/2021 TDF LP - Pacific Towers c/o Winn $7694.00 25986 07/01/2021 07/01/2021 Paul & Annie W Chau $1002.00 25987 07/01/2021 0710112021 LEFATrust $1063.00 El 25988 07/01/2021 07/01/2021 Gilbert Dominguez $9705.00 Copyright @ 2011-2021, HAPPY Software, Inc. Check Register Report YR 07/1212021 Page 9 25989 07/01/2021 07101/2021 German Ghibaudo $1229.00 25990 07/01/2021 07/01/2021 Monica Alber $728.00 El 25991 07/01/2021 07/0112021 Ortencla Banuelos $1011.00 [125992 07/01/2021 07/01/2021 Up Hill Investment Inc. 19 $1504.00 El 25993 07/01/2021 07101/2021 Dieu Van Huynh 0 $951,00 25994 07101/2021 07/01/2021 Kelly Nguyen 19 $966.00 25995 07/01/2021 07/01/2021 Ramona Property Managers, Inc. $596.00 269965 07/0112021 07/01/2021 Badillo Street Senior Apartments, LLC $1532Z00 26997 07/01/2021 07/01/2021 Monrovia Heritage Park I -P $18953.00 25998 07/01/2021 07/01/2021 James or Barbara Fox $1107.00 25999 07/01/2021 07/01/2021 Mayra Ortega $1050.00 26000 07101/2021 07/01/2021 Sel Homes LLC $5718.00 26001 07/01/2021 07/0112021 Hui Chuan Wang $2743.00 26002 07/01/2021 07/01/2021 725-731 W. Duarte Rd, LLC $1047�00 26003 07/01/2021 07/01/2021 Nhan Nguyen and Amy Tran 19 $2168.00 El 26004 07/01/2021 07/0112021 Paul P Simon 19 $1047.00 D 26005 07/01/2021 07/01/2021 RAMONA BLVD. FAMILY 19 $7883.00 El 26006 07/01/2021 07/01/2021 Maria Martha Martinez 19 $1973.00 El 26007 07/0112021 07101/2021 Greater San Gabriel Valley Property $1222.00 El 26008 07/01/2021 07/01/2021 Ronald & Pamela Layne $512.00 El 26009 07/01/2021 07/01/2021 Annette C Scott $1465,00 El 26010 07/01/2021 07/01/2021 Denise Van Pharn $3108.00 E-126011 07/01/2021 07/01/2021 Linh T Luu $1730.00 D 26012 07/01/2021 07/01/2021 1024 Royal Oaks LIP dba Whispering $13977.00 D 26013 07/01/2021 07/01/2021 Derek Sim $1016.00 0 26014 07/01/2021 07/01/2021 Allan M. & Virginia J Chipp and Ralph $2147.00 E-126015 07/0112021 07/0112021 Amparo M Limon $422.00 026016 07/0112021 07/01/2021 Zi Jian Li $1390.01) 26017 07/01/2021 07/01/2021 Minh A Nguyen $1341.00 26018 07/01/2021 07/01/2021 Jaime Barcena $946.00 26019 07101/2021 07/01/2021 Monica D Mao $1129.00 26020 07101/2021 07/0112021 Shiu-Ein Huang $1250.00 26021 07/01/2021 07/0112021 LAI MING LEUNG $304.00 D 26022 07/01/2021 07/01/2021 The Promenade Housing Partners, LP $2705.00 0 26023 07101/2021 07/01/2021 Paramjit S Nijjar $2247.00 26024 07/01/2021 07/01/2021 Estate of Rosetta Mix $835�00 26025 07/0112021 07/01/2021 Rosa Beltran $331.00 26026 07/01/2021 07/01/2021 James Ronald Nguyen $1259.00 El 26027 07101/2021 07/01/2021 John Nguyen $931.00 F-] 26028 0710112021 07/01/2021 Takis Bogris $957.00 F-126029 07/01/2021 07/01/2021 Ynfante Holdings 1, LLC $1138.00 F-126030 07/01/2021 07/01/2021 Roman Basin $565.00 El 26031 07/01/2021 07/01/2021 Sandhya Kai and Padma Kai $972.00 [:126032 07/01/2021 07101/2021 Nomer Lacson $1016.00 [--] 26033 07101/2021 07101/2021 Anna & Simon Choi $1320.00 El 26034 07101/2021 0710112021 Chung Thi Pham $1978.00 Copyright@ 2011-2021, HAPPY Software, Inc. Check Register Report YR 07/12/2021 Page 10 0 26035 07/0112021 07/01/2021 Rosie Leon $874.00 El 26036 0710112021 07/01/2021 Roy Lam $1163.00 [126037 07101/2021 07/01/2021 Golden Dragon Properties LLC c/o $1104.00 [--126038 07/0112021 07/01/2021 Nancy H Shen $728.00 El 26039 07/01/2021 07101/2021 Olie S Johnson $873.00 26040 07/01/2021 07101/2021 Joe Clark $1381.00 26041 07/01/2021 07/01/2021 Richard A DaSylveira $336.00 26042 07/01/2021 07/01/2021 Sara Rome $1323.00 26043 07/01/2021 07/01/2021 Jeff Ma $1052,00 0 26044 07/01/2021 07/01/2021 T & P Property LLC $827,00 26045 07/01/2021 07/01/2021 Singing Wood Senior Housing LP $7503.00 26046 07/01/2021 07/01/2021 Michael H Phuong $830.00 26047 07/01/2021 07/01/2021 Sitara B. Mamdani $1709.50 [--126048 07101/2021 07/01/2021 Joseph Pham $820.00 26049 07/01/2021 07/01/2021 Garvey Senior Affordable Partners, LP $2608.00 26050 07/0112021 07/01/2021 Ryan Kinpong Woo and Ching King $718.00 El 26051 07/01/2021 0710112021 Mei Yan Chen $1177.00 El 26052 07/01/2021 07/01/2021 Shawn Hui Zhen $2157.00 [126053 07/0112021 07/01/2021 Fred Lau $674.00 Housing Choice Voucher Total $975,427.40 Average $1,021.39 Unit Count 909 Average Weighted by Unit Count $1,063.04 Hard to House Count 2 Copyright 0 2011-2021, HAPPY Software, Inc. Check Register Report YR 07/12/2021 Page 11 Iffr3p,11 TO: Honorable Chair and Board Members of the Housing Authority ,�HUS,OF FROM: Rose Tam, Director of Finance U, DATE: July 21, 2021 SUBJECT: Treasurer's Report — May 2021 0 JAW)f� Q1 IRARA A OV Attached is the Treasurer's Report for the month of May 2021. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for May 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2021 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE _YALUE State of California Local Agency Investment Fund (LAIF) City -including General Fund & all other Special Revenue Funds 0.315% Varies Varies $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 $ 26,843,372.35 Housing Authority 0.315% Varies Varies 14,095.07 14,095.07 14,095.07 14,095.07 26,857,467.42 26,857,467.42 26,857,467.42 26,857,467.42 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 10,005,848.80 10,005,848.80 10,005,848.80 10,005,848.80 Fiscal Agent Funds - Successor Agency (TrustlDebt Service Fund) Varies Varies Varies 0.91 0.91 0.91 0.91 10,005,849.71 110,005,849�71 110,005,849�71 10,005,849.71 $ 36,863,31713 $ 36,863,317.13 36,863,317.13 $ 36,863,317.13 Total Investments $ 36,863,317.13 Cash with Bank of the West City Checking 11,309,051.40 Money Market Plus 42,721 �05 City Miscellaneous Cash 654,890.19 Successor Agency 1,433,756�89 Housing Authority 615,049�66 Financing Authority 11,700�00 Total Cash with Bank of the West 14,067,169.19 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,699�66 Total Cash and Investments $ 51,188,185.98 In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012, The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of May 2021 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et 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: Rose Tam Director of Finance ITEM NO. 3 STAFF REPORT TO: Honorable Chair and Members of the Housing Board SAD FROM: Benjamin Martinez, Director of Community Development R 0 U 6� 0 F PREPARED BY: Carol Averell, Housing Manager 'TH E' � .......... ....... . SAWG48RIE DATE: July 21, 2021 L'LEY"", SUBJECT: Approval of a Memorandum of Understanding for the JAN03 Emergency Housing Voucher Program, Budget and Amendment to the Baldwin Park Housing Authority's Administrative Plan SUMMARY The purpose of this staff report is: 1 . To request that the Housing Board consider the approval of an Memorandum of Understanding (MOU) between the Housing Authority of the City of Baldwin Park (BPHA) and Los Angeles Continuum of Care Los Angeles Homeless Services Authority (LAHSA). 2. To request that the Housing Board consider the approval of an amendment to the Administrative Plan ("Plan") for the Section 8 Housing Choice Voucher Program to incorporate Chapter 19 Emergency Housing Voucher (EHV) Program. 3. To request that the Housing Board accept the EHV grant. 4. To authorize the Director of Finance to establish a new fund #902 to track the EHV and make any necessary budget amendments and appropriations for the grant amount of $769,512. RECOMMENDATION Staff recommends the Board approve: 1. The MOU between the Housing Authority of the City of Baldwin Park (BPHA) and Los Angeles Continuum of Care Los Angeles Homeless Services Authority (LAHSA). 2. The amendment to the Housing Choice Voucher Program Administrative Plan. 3. To request that the Housing Board accept the EHV grant. 4. To authorize the Director of Finance to establish a new fund #902 and appropriate account #s to track the EHV program. FISCAL IMPACT There is no impact to the General Fund. However, since this is a new program the Director of Finance needs to prepare a budget amendment to record the estimated revenues in the amount of $769,512 and appropriate funding from the EHV program in the following manner: EHV Admin Fees- $68,376, EHV HAPS - $533,436, EHV Preliminary Fees - $17,200, EHV Service Fees - $150,500. BACKGROUND / DISCUSSION Memorandum of Understanding: On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L.1 17- 2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVI D-1 9. On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD's process for allocating approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in the program. On May 10, 2021 the BPHA was notified that our public housing agency (PHA) was eligible for new Emergency Housing Vouchers (EHVs) and funding as authorized by the American Rescue Plan Act of 2021 (Public Law No: 117-2). The American Rescue Plan Act allowed the Department of Housing and Urban Development (HUD) to allocate additional vouchers to PHAs through an allocation formula designed to direct emergency vouchers to the PHAs operating in areas where the EHV's eligible populations have the greatest need while also taking into account PHA capacity and the requirement to ensure geographic diversity, including rural areas. The EHVs are provided to help assist individuals and families who are (1) homeless, (2) at risk of homelessness, (3) fleeing, or attemptinq to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, or (4) recently homeless. The BPHA accepted to participate in the program due to the great need of housing assistance in our operating area. The EHV program agreement is effective as of July, 1, 2021 and the term contract is for 18 months. The award will provide funding for a total of 43 units. In addition, it is required that the PHAs enter into a MOU with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs. The BPHA will enter into a MOU with the Los Angeles Homeless Services Authority (LAHSA) as the collaborative applicant for the Los Angeles CoC. The specific services the CoCs will provide to individuals or families for the EHV program is outlined in the MOU. The MOU can be amended to add and change services. Administrative Plan Amendment: 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 a public housing agency, a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. PHA's must adopt and implement policies for admission and occupancy, eligibility, selection and assignment, hardships, change in income, definition of elderly, recertification's, establishing rents, lease requirements, and other specific criteria. The policies PHA has implemented are included in this Administrative Plan, however the PHA will review and update the Administrative Plan as needed to reflect changes in regulations, initiatives, PHA operations, or when needed to ensure staff consistency in operation. Staff is recommending that the BPHA implement the Emergency Housing Voucher (EHV) Program so it is required to review the Plan in order to incorporate HUD regulations and PHA policies related to the EHV program. LEGAL REVIEW Legal review is not required for the amendment of the BPHA Administrative Plan, however, the City Attorney has reviewed and approved the MOU. ALTERNATIVE City Council may direct staff with a desired alternative. ATTACHMENTS 1. Memorandum of Understanding for the Emergency Housing Voucher 2. BPHA Administrative Plan Update MEMORANDUM OF UNDERSTANDING — EMERGENCY HOUSING VOUCHER PROGRAM FNiTiv*470 HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK 14403 E. PACIFIC AVENUE, BALDWIN PARK, CA 91706 AND LOS ANGELES CONTINUUM OF CARE LOS ANGELES HOMELESS SERVICES AUTHORITY 707 WILSHIRE BOULEVARD, 10TH FLOOR, LOS ANGELES, CA 90017 This Memorandum of Understanding ("MOU") is made and entered into by and between the Housing Authority of the City of Baldwin Park ("HACBP") and the Los Angeles Homeless Services Authority ("LAHSA") as the Collaborative Applicant for the Los Angeles Continuum of Care ("CoC") and will commence on the date of the execution of the last signatory. 1. Introduction and Goals: On behalf and as the lead agency of the CoC, LAHSA, and HACBP commit to administering the Emergency Housing Vouchers ("EHV") Program ("Program"). The Program is authorized by the American Rescue Plan ("ARP") Act of 2021 (Public Law No. 117-2), in accordance with applicable Housing Choice Voucher ("HCV") program requirements, including the regulations of 24 CFR Part 982 and the EHV operating requirements as set forth in the May 5, 2021, PIH 2021-15 Notice found at https:ZZwww.hud.govZsites,:;'i� I_PIHLdocumentsLPIE2021-1_5.pdf, incorporated herein by reference. HACBP and LAHSA have shared goals and standards for success of the Program. The Program will be deemed successful if 8 EHV planned monthly referrals are processed beginning from July 1, 2021 through March 3, 2022. The names and staff positions at HACBP and LAHSA who will serve as the lead Program liaisons are as follows: Name and title of HACBP staff position: Carol Averell, Housing Manager Name and title of LAHSA (CoQ staff position: Amy Perkins, Special Projects Advisor Ill. Populations eligible for EHV assistance to be referred by CoC: The following lists the eligible populations for the EHV program: Eligible Households Individuals andfamilies who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking or another eligible category as applicable. Recently Homeless andfor whom providing rental assistance will prevent the individual's orfamily's homelessness or having high risk of housing instability, including households requesting a VAWA Emergency Transfer. Homeless At risk of homelessness Prioritization will be determined by the Coordinated Entry System. Ill. Services Provided to Eligible EHV Households: a. Security Deposits: Security deposit fees will be provided by LAHSA to the extent possible. b. HACBP, LAHSA, and/or a partnering service provider will further assist individuals and families in the Program by providing the following services: i. LAHSA will assist individuals and families with the completion of rental applications and forms, obtain necessary supporting documentation for referrals and applications for assistance, and assist with addressing or mitigating barriers to leasing. ii. Housing search assistance for eligible individuals and families. iii. Partnering service providers will support HACBP to ensure appointment notifications to eligible individuals and families, and assist eligible households in attending appointments with HACBP. iv. HACBP will establish timeframes for applicants to complete intake appointments for EHV assistance. v. HACBP and partnering service providers will provide counseling on compliance with lease requirements. vi. Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable. IV. HACBP Roles and Responsibilities: a. HACBP will coordinate and consult with LAHSA in developing the Program services and assistance to be offered under the EHV services fee. b. HACBP will accept direct referrals for eligible individuals, families, and survivors of domestic violence, dating violence, sexual assault, stalking, and human trafficking through the CoC Coordinated Entry System ("CES") implemented by LAHSA. c. HACBP will notify LAHSA if a referral has been rejected. d. HACBP will establish a unit with dedicated employees to ensure that the application, certification, voucher issuance, unit inspection, and lease up processes are completed in accordance with the Program operating requirements. e. HACBP must receive documentation provided by LAHSA, which verifies that the individual or family meets one of the four eligible categories for EHV assistance. f. HACBP, with the support of partnering service providers, will ensure appointment notifications to eligible individuals and families, and assist eligible households in attending appointments with HACBP. g. HACBP will establish timeframes for applicants to complete intake appointments for EHV assistance. h. HACBP, along with partnering service providers, will provide counseling on compliance with lease requirements. i. HACBP will process 6 to 8 EHV planned monthly referrals from July 1, 2021 through March 3,2022. HACBP will comply with the provisions of this MOU. V. LAHSA Roles and Responsibilities: a. LAHSA will coordinate and consult with HACBP in developing the Program services and assistance to be offered under the EHV services fee. b. LAHSA will refer eligible individuals, families, and survivors of domestic violence, dating violence, sexual assault, stalking, and human trafficking, to HACBP via the CES. c. LAHSA must provide documentation to HACBP, which verifies that the individual or family meets one of the four eligible categories for EHV assistance. d. LAHSA will support eligible applicants in completing applications and obtaining the necessary supporting documentation (self -certifications, birth certificate, social security card, etc.) to be submitted to HACBP. e. Information regarding survivors of domestic violence, sexual assault and human trafficking will be maintained and/or shared in compliance with federal, state, and local law to ensure confidentiality. f. LAHSA will attend EHV applicant briefings when needed. g. LAHSA will assess all applicants, who are referred for EHV assistance, for mainstream benefits and supportive services available to support eligible applicants through their transition. h. LAHSA will identify and provide supportive services to EHV participants, as needed. However, participants are not required to participate in supportive services. i. LAHSA will send to HACBP 6 to 10 EHV planned monthly referrals beginning from July 1, 2021 through March 3. 2022. j. LAHSA will comply with the provisions of this MOU. VI. Program Evaluation: a. HACBP and LAHSA agree to cooperate with the U.S. Department of Housing and Urban Development ("HUD"), to provide any and all requested data to HUD or a HUD - approved contractor who has been delegated the responsibility of program evaluation, and follow all evaluation protocols established by HUD or the HUD -approved contractor, including possible random assignment procedures. All named agencies will communicate on an on-going and as needed basis to ensure that HUD receives any requested information. VII. General MOU Provisions: a. Counterparts and Electronic Signatures. This MOU may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Contract. The email or other electronically delivered signature of the Parties shall be deemed to constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals. Hold harmless lindemnity. Government Code Section 895.2 imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code Section 895. Pursuant to Government Code Section 895.4 and 895.6, LAHSA and HACBP shall each assume the full liability imposed upon them, or any of their respective officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement and any sub -agreements entered into pursuant thereto. LAHSA and HACBP indemnify and hold harmless one another for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code Section 895.2. The parties' covenants and obligations contained herein shall survive the expiration or termination of this Agreement. c. Insurance. The Parties represent that they maintain sufficient insurance coverages through self-insurance and third -party coverage to meet their respective indemnity and hold harmless obligations as set forth under this agreement. d. Confidentiality and Data Security. The Parties acknowledge that all Personally Identifiable Information will be held confidential in accordance with the Federal Privacy Act of 1974, and all applicable Federal and state laws. e. Modification and Termination. This MOU may be modified by the mutual consent of the Parties by the issuance of a written amendment, signed and dated by the Parties. The MOU may be terminated for any reason by either party upon sixty (60) days written notice. Notwithstanding early termination, the term of this MOU shall end on September 30, 2023, unless extended by mutual agreement of the Parties. SIGNATURES IN WITNESS WHEREOF ' the HACBP and LAHSA have caused this MOU to be executed by their duly authorized representatives. FOR: HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK Bv: Print Name: Enrique C. Zaldivar Title: Executive Director Executed on this: FOR: LOS ANGELES HOMELESS SERVICES AUTHORITY By: Print Name: Heidi Marston Title: Executive Director Executed on this: Bv: Print Name: Robert Tafoya Title: City Attorney Executed on this: Introduction ABOUT THE REFERENCES CITED IN THE ADMINISTRATIVE PLAN AUTHORITIES FOR POLICIES IN THE ADMINISTRATIVE PLAN The authority for Public Housing Authority policies is derived from many sources. Primary among these sources are federal statues, federal regulations, and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions. HUD HUD provides the primary source of PHA policy through federal regulations, HUD notices and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory. HUD also provides guidance to PHAs through other means such as HUD -published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a "safe harbor." Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program. State Law Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law. Industry Practice Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs. RESOURCES CITED IN THE ADMINISTRATIVE PLAN The Administrative Plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the Administrative Plan may contain the entire name of the document or resource. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 1 of 539 Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the Administrative Plan or that may be helpful to you. Abbreviations Throughout the Administrative Plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the Administrative Plan. Abbreviation Document CFR Code of Federal Regulations HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001. HUD -50058 IB HUD -50058 Instruction Booklet RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. VG PIH Notice 2004-01 Verification Guidance, March 9, 2004. HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs Resources and Where to Find Them Following is a list of resources helpful to the PHA or referenced in the Administrative Plan, and the online location of each. Document and Location Code of Federal Regulations https://www.ecfr.gov/ Earned Income Disregard FAQ https://www.hud.gov/program offices/public indian housing/phr/about/ao fag eid Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule http://edocket. access. q po. gov/2008/pdf/E8-1 9435. pd Baldwin Park Housing Authority Administrative Plan — June 2021 Page 2 of 539 Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF Executive Order 11063 https://www.archives.gov/federal-register/codification/executiveorder/ 11063.htmi Federal Register https://www.federalregister.gov/ Housing Choice Voucher Program Guidebook (7420.10G) Updated Chapters https://www.hud.gov/program offices/public indian housing/programs/hcv/quidebook HUD -50058 Instruction Booklet http://portal.hud.gov/hudportal/documents/huddoc?id=50058i.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004 https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/'oint statement ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007 https://www.lep.gov/quidance/HUD guidance Jan07.pdfhttp Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC 8993.PDF Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF Notice PIH 2018-24, Verification of Social Security Numbers (SSNs) and Supplemental Security Income (SSI) Benefits and Effective Use of the Enterprise Income Verification (EIV) System's Identity Verification Report Baldwin Park Housing Authority Administrative Plan — June 2021 Page 3 of 539 https://www.hud.gov/sites/dfiles/PIH/documents/PIH-2018- 24 EIV SSN Notice FINAL.pdf OMB Circular A-1 33 https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/Al 33/al 33.pd Project -Based Voucher Program; Final Rule http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05-20035.pdf VAWA Final Rule http://www.qpo.gov/fdsys/pkq/FR-2010-10-27/pdf/2010-26914.pdf The HUD website is https://www.hud.gov/. Guidebooks, handbooks and other HUD resources may be found at the HUD Clips website:.https://www.hud.gov/program offices/administration/hudclips. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 4 of 539 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 1: The Public Housing Agency (PHA). This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent. Part 11: 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 5 of 539 PART 1: 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. 1-11.113. 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 the Housing Authority are known as the Housing Authority Board members or, collectively, as the Housing Authority Board. Housing Authority 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 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 Housing Authority 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 Housing Authority 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 PHA staff in order to manage the day-to-day operations of the PHA. The executive director is responsible for ensuring 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 purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions. BPHA Policy The Baldwin Park Housing Authority's mission 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 non - subsidized housing. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 6 of 539 1-I.D. THE PHA'S PROGRAMS The following programs are included under this administrative plan: BPHA Polic 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 program, which is optional for the Baldwin Park Housing Authority to implement: 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. 1-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, owners, and to the community. The PHA's standards include: • Administer applicable federal and state laws and regulations to achieve high ratings in performance 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 families 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 equal 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 a high level of commitment to our employees and their development. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 7 of 539 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 11. THE HOUSING CHOICE VOUCHER (HCV) PROGRAM 1-11I.A. OVERVIEW AND HISTORY OF THE PROGRAM The intent of this Section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand 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 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 (30%) 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 famil , 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 (30%) of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent (30%) of their adjusted income for rent. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 8 of 539 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 (30%) 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. 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 U.S. Department of Housing and Urban Development. 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 Housing Authority Board 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 9 of 539 1-11I.C. THE HCV PARTNERSHIPS To administer the HCV program, the PHA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract). 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. The chart below illustrates key aspects of these relationships. The HCV Relationships: Congress Appropriates Funding Provides Funding I T PHA I Program Reg Lilat ons and ACC specifies PHY L 01 ligations and Vouch �r F indini! Administers Program V (HAP) 0 and Lease specifies Tenant and tan jord Obligations > Family (Program Participant) Payments ifies Owner Owner / Landlord Baldwin Park Housing Authority Administrative Plan — June 2021 Page 10 of 539 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 to administer the program; • Review applications from interested applicants to determine whether they are eligible for the program; • Maintain a waiting list and select families for admission; • Issue vouchers to eligible families and provide information on how to lease a unit; • 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; • Recertify families for continued eligibility under the program; • Ensure that owners and families comply with their contractual obligations; • 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 PHA's administrative plan, and other applicable federal, state and local laws. What Does the Owner Do? The owner has the following major responsibilities: 0 Screen families who apply for tenancy, to determine suitability as renters. - The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner. - 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page I I of 539 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 do not discriminate against anyone; • Maintain the housing unit in accordance with Housing Quality Standards (HQS) and make 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 as determined by the PHA to be necessary for administration of the program; • Make their best and most timely efforts locate qualified and suitable housing; • Attend 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. 1-II.D. APPLICABLE REGULATIONS Applicable regulations include: 0 24 CFR Part 5: General Program Requirements 0 24 CFR Part 8: Nondiscrimination 0 24 CFR Part 35: Lead -Based Paint Baldwin Park Housing Authority Administrative Plan — June 2021 Page 12 of 539 24 CFR Part 982: Section 8 Tenant -Based Assistance: Housing Choice Voucher Program 0 24 CFR Part 983: Project -Based Vouchers 0 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP) PART 111111. 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 accordance with federal laws and regulations. All issues related to the HCV program 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 regulations as well as all federal, state and local fair housing laws and regulations. 11-111111.13. CONTENTS OF THE PLAN (24CFR 982.54) The HUD regulations at 24 CFR 982.54 define the policies that must be included in the administrative plan. They are as follow: 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); Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (Chapter 5); 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); Baldwin Park Housing Authority Administrative Plan — June 2021 Page 13 of 539 • 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); • Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 13); • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12) • How to determine who remains in the program if a family breaks up (Chapter 3); • 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); • The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15); • Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16); • Interim red eterm i nations of family income and composition (Chapter 11); • Restrictions, if any, on the number of moves by a participant family (Chapter 10); • Approval by the Housing Authority Board members or other authorized officials to charge the administrative fee reserve (Chapter 16); • Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8); and • PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3). Mandatory vs. Discretionary Policy HUD makes a distinction between: Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and Baldwin Park Housing Authority Administrative Plan — June 2021 Page 14 of 539 Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff. HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's administrative plan is the foundation of those policies and procedures. HUD's directions require PHAs to make policy choices that provide guidance to staff and ensure consistency to program applicants and participants. Creating policies based upon HUD guidance is not mandatory, but 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. 1-11I.C. ORGANIZATION OF THE PLAN The Administrative Plan is organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE PLAN The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The administrative plan and any revisions of the plan must be formally adopted by the PHA Board of Commissioners or other authorized PHA officials. The pertinent sections included in the Agency Plan, and a copy provided to HUD. The Baldwin Park Housing Authority will review its plan and update as necessary to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation. Significant revisions or updates to the plan must be approved by the HA Board. The Community Development Manager and the Housing Manager may approve minor revisions that include new or revised HUD regulations and BPHA policy and procedures coinciding with the HUD regulations. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 15 of 539 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 federal ly-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 1: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination. Part II: 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 the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register. 12-Altz4om z L81 z IQ 1*91N 1 iy� 9,71-ANKOUL 2-I.A. OVERVIEW Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, 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. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. 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: 0 Title VI of the Civil Rights Act of 1964 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 16 of 539 • Title Vill 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 Orders 11063 and 13988 • Section 504 of the Rehabilitation Act of 1973 • The Age Discrimination Act of 1975 • Title 11 of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) • The Equal Access to Housing in HUD Programs regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20. • Violence Against Women Reauthorization Act of 2013 (VAWA) 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 will also apply. BPHA Polic No state or local nondiscrimination laws or ordinances apply. 2-11.113. NONDISCRIMINATION Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors. 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, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988]. BPHA Polic BPHA does not identify any additional protected classes. BPHA 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 17 of 539 • Subject anyone to segregation or disparate treatment • Subject anyone to sexual harassment • 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 on 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]. Upon receipt of a housing discrimination complaint, the PHA is required to: • Provide written notice of the complaint to those alleged and inform the complainant that such notice was made • Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted • Keep records of all complaints, investigations, notices, and corrective actions [Notice PIH 2014-20] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 18 of 539 Applicants or participants who believe that they have been subject to unlawful discrimination may notify the Baldwin Park Housing Authority in writing. Within 10 business days of receiving the complaint, BPHA will provide a written notice to those alleged to have violated the rule. BPHA will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD's Office of Fair Housing and Equal Opportunity (FHEO). The Baldwin Park Housing Authority will: Attempt to remedy discrimination complaints made against the Housing Authority and will conduct an investigation into all allegations of discrimination. Within 10 business days following the conclusion of the Housing Authority's investigation, the Housing Authority will provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted. The Housing Authority will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16) 0 Refer complainants to the Housing Rights Center PART 11: POLICIES RE/LATED TO PERSONS WITH DISABILITIES 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 contact by an interested family and continues through every aspect of the program. BPHA PolicV BPHA 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 BPHA, by including the following language: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 19 of 539 "If 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." The PHA will display posters and other housing information and signage in locations throughout the PHA's office in such a manner as to be easily readable from a wheelchair. 2-1111.13. DEFINITION OF REASONABLE ACCOMMODATION A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the HCV program. For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in order for a participant to lease an accessible dwelling unit. 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 will 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 • 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 2-11I.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 20 of 539 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 connection, or nexus, between the requested accommodation and the individual's disability. BPHA will encourage the family to make its request in writing using a reasonable accommodation request form. However, BPHA 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]. 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. Baldwin ark Housing Authority Administrative Plan — June 2021 Page 21 of 539 In the event that the PHA does receive confidential information about a person's specific diagnosis, treatment, or the nature or severity of the disability, the PHA will dispose of it. In place of the information, the PHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26]. 2-11I.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act, Notice PIH 2010-26]. 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 overall size of the PHA's program with respect to the number of employees, type of facilities and size of budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family's disability -related needs. 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. mzawm� After a request for an accommodation is presented, BPHA will respond, in writing, within 10 business days. If the PHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal the PHA's decision through an informal review (if applicable) or informal hearing (see Chapter 16). If BPHA 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 BPHA's operations), BPHA will discuss with the family whether an alternative accommodation could effectively address the family's disability -related Baldwin Park Housing Authority Administrative Plan — June 2021 Page 22 of 539 needs without a fundamental alteration to the HCV program and without imposing an undue financial and administrative burden. BPHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, BPHA 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 CFR 8.6]. 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. BPHA PolicV To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication will be available. To meet the needs of persons with vision impairments, large -print and audio versions of key program documents will be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with BPHA staff, one-on-one assistance will be provided 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. 2-II.G. PHYSICAL ACCESSIBILITY The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following: • Notice PIH 2010-26 • Section 504 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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 23 of 539 This plan describes the key policies that govern the PHA's responsibilities with regard to physical accessibility. Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to nondiscrimination and accessibility in federal ly-fu nd ed 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. 2-11I.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 terminated, the notice of termination must inform them of the PHA's informal hearing process and their right to request a hearing and reasonable accommodation. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 24 of 539 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 Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, 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. 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. 2-111111.113. ORAL INTERPRETATION The PHA will offer competent interpretation services free of charge, upon request, to the LEP person. BPHA will utilize a language line for telephone interpreter services. When exercising the option to conduct remote briefings, informal reviews, or hearings, however, BPHA will coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice -only interpretation, 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 BPHA. BPHA, at its discretion, may choose to use the language services even when LEP persons desire to use an interpreter of their choosing. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, BPHA will not rely on the minor to serve as the interpreter. BPHA may deny a family member as the interpreter if there are concerns that the member may not be meeting the needs of the household or head of household through their interpretation (see Chapter 11 for further requirements). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 25 of 539 BPHA 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 and possible according to its language assistance plan (LAP), BPHA 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. 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, BPHA will take the following steps: BPHA 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, BPHA 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. 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. Imumm"100 If it is determined that BPHA serves very few LEP persons, and BPHA has very limited resources, BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 26 of 539 If BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 27 of 539 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 "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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 28 of 539 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/d isa bled 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 29 of 539 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: 0 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 household members as required. • Consent to the PHA's collection and use of family information as provided for in PHA -provided consent forms. • Not currently be receiving a duplicative subsidy 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 1: 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 11: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent. Part I I I: 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 30 of 539 PART 1: 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); FR NOTICE 02/03112; Notice PIH 2014-20] 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. Family as defined by HUD includes, but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near -elderly person, or any other single person; or a group of persons residing together. Such group includes, but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family near -elderly family, a disabled family, a displaced family, or the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family. Gender Identity means actual or perceived gender characteristics. Sexual orientation means homosexuality, heterosexuality, or bisexuality. 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 BPHA. Each family must identify the individuals to be included in the family at the time of application, and must notify the BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 31 of 539 3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Break-up [24 CFR 982.315; Notice PIH 2017-08] Except under the following conditions, the Baldwin Park Housing Authority has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up. If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking. (see Section 16-IX.D of this plan) • In accordance with Notice PIH 2017-08, for HUD—Veterans Affairs Supportive Housing (HUD—VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking, the victim must continue to be assisted. Upon termination of the perpetrator's HUD—VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator's HUD— VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the HUD—VASH voucher, which must be issued to another eligible family upon the voucher's turnover. • If a court determines the disposition of property between members of the assisted family in a divorce or separation decree, the Baldwin Park Housing Authority is bound by the court's determination of which family members continue to receive assistance. When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application date if the waiting list opens. If a family breaks up into two otherwise eligible families while receiving assistance, only one of the new families will continue to be assisted. In the absence of a judicial decision, or an agreement among the original family members, BPHA will determine which family will retain their placement on the waiting list or continue to receive assistance. In making its determination, the BPHA will take 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 member/s, (3) the interest of any family member who is the victim of domestic violence, dating violence, sexual assault, or stalking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; (4) any possible risks to family members as a result of criminal activity; and (5) the recommendations of social service professionals; (6) All others will be reviewed on a case-by-case basis by discretion of the Housing Authority. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 32 of 539 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." 3-11.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 co-head 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, CO-HEAD, AND OTHER ADULT A family may have a spouse or co-head, but not both [HUD -50058 113, p.1 3]. Spouse means the marriage partner of the head of household. A co-head 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 co-head. A co-head never qualifies as a dependent. BPHA PolicV A marriage partner includes the partner in a "common law" marriage as defined in state law. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 33 of 539 responsibilities under the program, but who is not a spouse. A family can have only one cohead. Imummagm Minors who are emancipated under state law may be designated as a co-head. Other adult means a family member, other than the head, spouse, or co-head, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults. 3-I.F. DEPENDENT [24 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, co-head, foster children/adults and live-in aides. Identifying each dependent in the family is important because each dependent qualifies the family for a dependent allowance 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 (50%) 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, BPHA will make the determination based on available documents such as court orders, school verification and/or an IRS return showing which family has claimed the child for income tax purposes. 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 co-head, qualifies the family for a dependent allowance and (2) the earned income of such an FTS is treated differently from the income of other family members. 3-11.11-11. ELDERLY AND NEAR -ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and 5.403, FR Notice 02/03/12] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 34 of 539 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 50-61 years of age. Elderly Family An elderly family is one in which the head, spouse, co-head, or sole member is an elderly person. Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6. 3-1.1. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR Notice 02/03/12] Persons with Disabilities Under the HCV program, special rules apply to persons with disabilities and to any family whose head, spouse, or co-head 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 co-head is a person with disabilities. Identifying disabled families is important because these families qualify for the disabled family allowance as described in Chapter 6. Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the PHA from denying assistance for reasons related to alcohol and drug abuse in accordance with the policies found in Part III of this chapter, or from terminating assistance in accordance with the policies in Chapter 12. 3-I.J. GUESTS [24 CFR 5.100] 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. Families may have guest(s) remain in the assisted unit no longer than 14 consecutive days or a total of 40 cumulative calendar days during any 12 -month period. The family is responsible for their guest(s) at the assisted unit that include, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 35 of 539 but not be limited to, destruction of property, any criminal activity, including drug or alcohol activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by other resident. The Head of Household must provide written notification to the Housing Authority one (1) week in advance but not less than one day after occurrence. The 40 cumulative days is a maximum total days counted for all guest(s) combined. 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 (50%) 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 more than 40 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 and receive approval from the property owner and BPHA. 3.1.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]. The term foster child is not specifically defined by the regulations. Foster children and foster adults who are living with an applicant or who have been approved by the PHA to live with a participant family are considered household members but not family members. The income of foster children/adults is not counted in the family's annual income, and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603 and HUD -50058 113, p. 13]. BPHA PolicV A foster child is a child that is in the legal guardianship or custody of a state, county, or private adoption or 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. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 36 of 539 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. 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. Request for extensions will be considered on a case-by-case basis. 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 BPHA indicating that the student has established a separate household or the family declares that the student has established a separate household. The full time student income will be calculated in accordance with Chapter 6. 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. 1--jam"m If a child has been placed in foster care, BPHA 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 Co-head BPHA PolicV An employed head, spouse, or co-head absent from the unit up to 60 consecutive days due to employment will continue to be considered a family member. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 37 of 539 An extension may be approved on a case-by-case basis supported by employer provided information regarding training and probation period. (see Chapter 7, Verification) Family Members Permanently Confined for Medical Reasons [HCV GIB, 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]. MNMMB=A An individual confined to a nursing home or hospital on a permanent basis is not considered a family member. BPHA will request verification from a responsible medical professional of the family member's temporary or permanent absence from the assisted unit. Whether the family member is temporarily or permanently out of the unit, a medical professional determination must be provided within 10 business days of occurrence. The family member will be considered permanently absent from the assisted unit and the rental assistance will terminate effective 90 days from date of absence or assumed date of absence from the unit. If the family certifies that the family member is confined on a permanent basis, the family member will be removed from the household. Return of Permanently Absent Family Members The family must request BPHA approval for the return of any adult family members that BPHA previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed in Part 11 of this chapter. 3-I.M. LIVE-IN AIDE A live-in aide is 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. The income of a live-in aide is not counted in the calculation of annual income for the family [24 CFR 5.609 (c)(5)]. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. Because live-in aides are not family members, a Baldwin Park Housing Authority Administrative Plan — June 2021 Page 38 of 539 relative who serves as a live-in aide would not be considered a remaining member of a tenant family. BPHA PolicV BPHA will enforce the HUD definition of a Live -in -aide as described on 24 CFR 5.403. According to 24 CFR 5.403, the definition of a Live -in -aide is 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. A live-in aide may only reside in the unit with approval of BPHA. 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. For continued approval, the family must submit a new, written request subject to BPHA verification at each annual reexamination. In addition, the family and live-in aide will be required to submit a certification stating and provide supporting documentation as necessary to verify 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 wellbeing 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. 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. BPHA may require other supporting documentation as deemed necessary. Prior to approval, a live-in aide must meet eligibility background checks as described in Chapter 3, Section 3-III.D. of this plan. BPHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]: The person has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; The person has committed drug-related criminal activity or violent criminal activity; or Baldwin Park Housing Authority Administrative Plan — June 2021 Page 39 of 539 The person currently owes rent or other amounts to BPHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act. BPHA will notify the family of its decision in writing within 20 business days of receiving a request for a live-in aide, including all required documentation related to the request. However, this time period may be extended due to delayed third party verification. PART II: BASIC ELIGIBILITY CRITERIA 3-II.A. INCOME ELIGIBILITY AND TARGETING Income Limits HUD establishes income limits for all areas of the country and publishes them annually in the Federal Register. They are based upon estimates of median family income with adjustments for family size. The income limits are used to determine eligibility for the program and for income targeting purposes as discussed in this section. Definitions of the Income Limits [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 the federal poverty level or 30 percent of the median income for the area, whichever number is higher. Area median income is determined by HUD, with adjustments for smaller and larger families. 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. Using Income Limits for Eligibility [24 CFR 982.201] Income limits are used for eligibility only at admission. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limit for their family size. In order to be income eligible and applicant family must be one of the following: 0 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]. 1.11 a "a—, 991 U M Baldwin Park Housing Authority Administrative Plan — June 2021 Page 40 of 539 BPHA 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 BPHA. 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. HUD permits the PHA to establish additional categories of low-income families that may be determined eligible. The additional categories must be consistent with the PHA plan and the consolidated plans for local governments within the PHA's jurisdiction. BPHA Policy BPHA has not established any additional categories of eligible low-income families. 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 counted for income targeting purposes. 3-1111.13. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 41 of 539 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, co-head, 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 as verification of their status. However, HUD regulations permit the PHA to request additional documentation of their status, such as a passport. 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 - Certifications of Naturalization - Passport 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 106-504]. Ineligible Noncitizens Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a non -contending family members listing, signed by the head, spouse, or co-head (regardless of citizenship status), indicating their ineligible Baldwin Park Housing Authority Administrative Plan — June 2021 Page 42 of 539 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. Ineligible Families [24 CFR 5.514(d), (e), and (f)] A PHA may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the PHA that the individual or at least one family member is eligible. Verification of eligibility for this purpose occurs when the individual or family members have submitted documentation to the PHA in accordance with program requirements [24 CFR 5.512(a)]. Mama= BPHA will not provide assistance to a family before the verification of at least one family member. When BPHA 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 of denial. The notice will explain the reasons for the denial of assistance, and that the family may be eligible for proration of assistance. The notice will also advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request an informal hearing with BPHA. Informal hearing procedures are contained in Chapter 16. Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the assisted family, the PHA must verify status at the first interim or regular reexamination following the person's occupancy, whichever comes first. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 43 of 539 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. BPHA will verify the citizenship status of applicants at the time other eligibility factors are determined. 3-11I.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2018-24] The applicant and all members of the applicant's household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child's SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7. Note: These requirements do not apply to noncitizens who do not contend eligible immigration status. In addition, each participant who has not previously disclosed an SSN, has previously disclosed an SSN that HUD or the SSA determined was invalid, or has been issued a new SSN must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or annual reexamination or recertification. Participants age 62 or older as of January 31, 2010, whose determination of eligibility was begun before January 31, 2010, are exempt from this requirement and remain exempt even if they move to a new assisted unit. The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure and documentation requirements contained in 24 CFR 5.216. 3-1111.11). FAMILY CONS ENVAUTHORIZATION TO 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 co-head, regardless of age, to sign form HUD -9886, Authorization for the Release of Information/Privacy Act Notice, the form HUD -52675 Debts Owed to Public Housing Agencies and Terminations, 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)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 44 of 539 3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21116] 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, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, 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 4/10/06, FR Notice 9/21/16]. 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, or is a person with a disability, or is a full-time student. Foster children and foster adults are not considered dependents. Independent Student Imumm"100 BPHA 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: 0 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 45 of 539 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 The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's state of legal residence Be a veteran of the U.S. Armed Forces or is currently serving on active duty in the Armed Forces for other than training purposes. Have one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent) The individual is a graduate or professional student The individual is married The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by: A local educational agency homeless liaison The director of a program funded under subtitle B of titleIV of the McKinney-Vento Homeless Assistance Act or a designee of the director A financial aid administrator The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 46 of 539 must be signed by the individual providing the support and must be submitted even if no assistance is being provided. If the PHA determines that an individual meets the definition of a vulnerable youth such a determination is all that is necessary to determine that the person is an independent student for the purposes of using only the student's income for determining eligibility for assistance. The PHA will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E. 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 BPHA PolicV 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.). Person with Disabilities The PHA will use the statutory definition under Section 3(b)(3)(E) of the 1937 Act to determine whether a student is a person with disabilities (see Exhibit 3-1). Veteran BPHA Policy A veteran is a person who served who was discharged or released dishonorable. 0,7RATzFtq?MV= IMMMEW in the active military, naval, or air service and from such service under conditions other than A vulnerable youth is an individual who meets the U.S. Department of Education's definition of independent student in paragraphs (b), (c), or (h), as adopted in Section 11 of FIR Notice 9/21/16: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 47 of 539 The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of Ompetent jurisdiction in the individual's state of legal residence The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by: A local educational agency homeless liason The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director A financial aid administrator 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. Imumm"100 For any student who is subject to the 5.612 restrictions, BPHA 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 48 of 539 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. Determining Parental Income Eligibility BPHA PolicV For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of independent student in this Section, BPHA will determine the income eligibility of the student's parents as follows: • If the student's parents are married and living together, BPHA will obtain a joint income declaration and certification of joint income from the parents. • If the student's parent is widowed or single, BPHA will obtain an income declaration and certification of income from that parent. • If the student's parents are divorced or separated, BPHA 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, BPHA 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. BPHA 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. 3-11I.F. EIV SYSTEM SEARCHES [Notice P1H 2018-18; EIV FAQs; EIV System Training 9/30/20] Prior to admission to the program, the PHA must search for all household members using the EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches involving another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide the family with a copy of the Existing Tenant Search results if requested, At no time may any family member receive duplicative assistance, If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the PHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move -out from the assisted unit, as applicable. 13PHA Policy Baldwin Park Housing Authority Administrative Plan — June 2021 Page 49 of 539 BPHA will contact the PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD -50058 or 50059, as applicable, showing an end of participation. BPFIA will only approve assistance contingent upon the move -out from the currently occupied assisted unit. Debts Owed to PHAs and Terminations All adult household members must sign the form HUD -52675 Debts Owed to Public Housing and Terminations, Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to PHAs and Terminations module, If a current or former tenant disputes the information in the module, the tenant shou i contact the PHA directly in writing to dispute the information and provide a documentation that supports the dispute. If the PHA determines that the disput ,am may dispute debt and termination information for a period of up to three years from t end of participation date in the program. I sm's - I BPHA will require each adult household member to sign the form HUD -52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD -52675 prior to being added to the household. BPFIA will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, BPFIA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter. For each new admission, the PMA is required to review the EIV Income and IVT Repor-1- to confirm and validate family reported income within 120 days of the IMS/PIC submissi date of the new admission. The PHA must print and maintain copies of the EIV Inco and IVT reports in the tenant file and resolve any discrepancies with the family within days of the EIV Income or IVT report dates I 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 this section we will discuss other situations and circumstances in which denial of assistance is mandatory for the PHA, and those in which denial of assistance is optional for the PHA. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 50 of 539 While the regulations state that the PHA must prohibit admission for certain types of criminal activity and give the PHA the option to deny for other types of previous criminal history, more recent HUD rules and OGC guidance must also be taken into consideration when determining whether a particular individual's criminal history merits denial of admission. When considering any denial of admission, PHAs may not use arrest records as the basis for the denial. Further, HUD does not require the adoption of "One Strike" policies and reminds PHAs of their obligation to safeguard the due process rights of applicants and tenants [Notice PIH 2015-19]. HUD's Office of General Counsel issued a memo on April 4, 2016, regarding the application of Fair Housing Act standards to the use of criminal records. This memo states that a PHA violates the Fair Housing Act when their policy or practice has an unjustified discriminatory effect, even when the PHA had no intention to discriminate. Where a policy or practice that restricts admission based on criminal history has a disparate impact on a particular race, national origin, or other protected class, that policy or practice is in violation of the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if that interest could be served by another practice that has a less discriminatory effect [OGC Memo 4/4/16]. PHAs who impose blanket prohibitions on any person with any conviction record, no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then will be unable to show that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. Even a PHA with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary. To do this, the PHA must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and property and criminal conduct that does not. § 982.552 PHA denial of assistance for family. QPHA Poky BPHA will consider denial of assistance as permitted for the following: (a) Action or inaction by family. (1) A PHA may deny assistance for an applicant because of the family's action or failure to act as described in this section or § 982.553. The provisions of this section do not affect denial or termination of assistance for grounds other than action or failure to act by the family. (2) Denial of assistance for an applicant may include any or all of the following: denying listing on the PHA waiting list, denying or withdrawing a voucher, refusing to enter into a HAP contract or approve a lease, and refusing to process or provide assistance under portability procedures. (b) Requirement to deny admission assistance. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 51 of 539 (1) For provisions on denial of admission of assistance for illegal drug use, other criminal activity, and alcohol abuse that would threaten other residents, see 3111.13. (2) The PHA must deny admission to the program for an applicant if any member of the family fails to sign and submit consent forms for obtaining information in accordance with part 5, subparts B and F of this title. (3) The family must submit required evidence of citizenship or eligible immigration status. (4) The PHA must deny assistance if any family member fails to meet the eligibility requirements concerning individuals enrolled at an institution of higher education as specified in 24 CFR5.612. (c) Authority to deny admission assistance— BPHA Pojj�qy (1) Grounds for denial assistance. BPHA will consider denying program assistance for an applicant for any of the following grounds: (i) If the family violates any family obligations under the program. See 3111.13 concerning denial of assistance for crime by family members. (H) If any member of the family has been evicted from federally assisted housing in the last five years; (M) If a PHA has ever terminated assistance under the program for any member of the family. (iv) If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing program. (v) If the family 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. (A) If the family has engaged in or threatened abusive or violent behavior toward PHA personnel. (vii) If the family has been engaged in criminal activity or alcohol abuse as described in § 982.553. (2) Consideration of circumstances. In determining whether to deny because of action or failure to act by members of the family: (i) The PHA may consider all relevant circumstances such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or Baldwin Park Housing Authority Administrative Plan — June 2021 Page 52 of 539 termination of assistance on other family members who were not involved in the action or failure. (ii) The PHA may impose, as a condition of continued assistance for other family members, a requirement that other family members who participated in or were culpable for the action or failure will not reside in the unit. The PHA may permit the other (iii) In determining whether to deny admission for illegal use of drugs or alcohol abuse by a household member who is no longer engaged in such behavior, BPHA will 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.&C. 13661). For this purpose, the PHA may require th4 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. (iv) If the family includes a person with disabilities, the PHA decision concerning sucM action is subject to consideration of reasonable accommodation in accordance with I (v) Nondiscrimination limitation and protection for victims of domestic violence dating violence, or stalking. The PHA's admission and termination actions must be consistent with fair housing and equal opportunity provisions of § 5.105 of this title, a with the requirements of 24 CFR part 5, subpart L, protection for victims of domestic violence, dating violence, or stalking. i (d) Information for family. The PHA must give the family a written description of: (1) Family obligations under the program. (2) The grounds on which the PHA may deny or terminate assistance because of family action or failure to act. (3) The PHA informal hearing procedures. (e) Applicant screening. The PHA may at any time deny program assistance for an applicant in accordance with the PHA policy, as stated in the PHA administrative plan, on screening of applicants for family behavior or suitability for tenancy. Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] Denial of assistance includes any of the following: • Not placing the family's name on the waiting list • Denying or withdrawing a voucher Baldwin Park Housing Authority Administrative Plan — June 2021 Page 53 of 539 Not approving a request for tenancy or refusing to enter into a HAP contract Refusing to process a request for or to provide assistance under portability procedures Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)] HUD rules prohibit denial of program 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 under portability (see Chapter 10). • Whether members of the family are unwed parents, recipients of public assistance, or children born out of wedlock 0 Whether the family includes children 0 Whether a family decides to participate in a family self-sufficiency program Whether or not a qualified applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking if the applicant is otherwise qualified for assistance (see Section 3-111.G) 3-111111.113. MANDATORY 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 three years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise -eligible family if the household member has completed a PHA -approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives in the household). BPHA PolicV BPHA will admit an otherwise -eligible family who was evicted from federally assisted housing within the past three 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 BPHA, or the person who committed the crime, is no longer living in the household. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 54 of 539 The PHA determines that any household member is currently engaged in the use of illegal drugs. BPHA Policy Currently engaged in is defined as any use of illegal drugs during the previous three months. 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. 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. A record or records of arrest will not be used as the sole basis of determining reasonable cause. The PHA will also consider evidence from treatment providers or community-based organizations providing services to household members. Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing Any household member is subject to a lifetime registration requirement under a state sex offender registration program 3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE HUD permits, but does not require, the PHA to deny assistance for the reasons discussed in this section. Criminal Activity [24 CFR 982.553] HUD permits, but does not require, the PHA to deny assistance if the PHA determines that any household member is currently engaged in, or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity. BPHA PolicV If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past 3 years, the family will be denied assistance: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 55 of 539 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 5.100]. 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]. 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; or Criminal activity that may threaten the health or safety of property owners, management staff, and persons performing contract administration functions or other responsibilities on behalf of BPHA, including a BPHA employee or a BPHA contractor, subcontractor, or agent. Immediate vicinity means within three -block radius of the premises. Evidence of such criminal activity includes, but is not limited to: Any arrest and/or conviction for drug-related criminal activity within the past 3 years. Records of arrests for drug-related or violent criminal activity within the past three years, although a record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity. 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 may meet with the household members and will consider the factors discussed in Section 3-III.E. Upon consideration of such factors and the household's willingness or unwillingness to meet with BPHA staff, the PHA may, on a case-by-case basis, decide not to deny assistance. Additional factors BPHA will consider when an applicant has been convicted and sentenced to a correction facility is the amount of time served, behavior record while incarcerated and the date of release. 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. HUD authorizes the PHA to deny assistance based on the family's previous behavior in assisted housing. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 56 of 539 Per the alternative requirements listed in the Federal Register notice dated December 2 2014, PHAs are no longer permitted to deny assistance to a family because the famii previously failed to meet its obligations under the Family Self -Sufficiency (FSS) progra [FR Notice 12/29/14]. 1 BPHA Poli The PHA will deny assistance to an applicant family if: The family does not provide information that the PHA or HUD determines necessary in the administration of the program. The family does not provide complete and true information to the PHA. Any family member has been evicted from federally -assisted housing in the last 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 Section 8 or other public housing assistance under the 1937 Act, unless the family repays the full amount of the debt prior to being selected from the waiting list. If the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, unless the family repays the full amount of the debt prior to being selected from the waiting list. The family has breached the terms of a repayment agreement entered into with the PHA, unless the family repays the full amount of the debt covered in the repayment agreement prior to being selected from the waiting list. A family member has engaged in or threatened violent or abusive behavior toward PHA personnel. 77 77777 777177777 tuwanjS rr- M puf'�;U[ es ve as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence. In making its decision to deny assistance, the PHA will consider the factors discussed ir Section 3-11I.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 57 of 539 3-11I.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]. BPHA will perform a criminal background check through local law enforcement for every adult household member. If the results of the criminal background check indicate that there may be past criminal activity, but the results are inconclusive, BPHA will request a fingerprint card and will request information from the National Crime Information Center (NCIC). While a PHA has regulatory authority to use criminal conviction records for the purpose of applicant screening for admission, there is no corresponding authority to use these records to check for criminal and illegal drug activity by participants, and therefore, PHAs may not use records for this purpose BPHA will consider the time of release of the correctional facility on a case-by-case basis. 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)]. BPHA will use the Dru Sjodin National Sex Offender database to screen applicants for admission in addition to the California Department of Justice's Internet web site, Megan's Law at http://www.meganslaw.ca.gov/index.htm. Additionally, BPHA will ask whether the applicant, or any member of the applicant's household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-28]. 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 982.307] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 58 of 539 The PHA has no liability or responsibility to the owner for the family's behavior or suitability for tenancy. The PHA has the authority to conduct additional screening to determine whether an applicant is likely to be a suitable tenant. BPHA may at times conduct additional screening to determine an applicant family's suitability for tenancy on a case-by-case basis. 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 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 may not disclose to the owner any confidential information provided to the PHA by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(a)(4)]. BPHA Policy BPHA will inform owners of their responsibility to screen prospective tenants, and will provide owners with the required known name and address information, at the time of the initial HQS inspection or before. BPHA will not provide any additional information to the owner, such as tenancy history or criminal history. 3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE Evidence [24 CFR 982.553(c)] BPHA 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)] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 59 of 539 HUD authorizes the PHA to 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 mandatory (see Section 3-111.13). [*N M BPHA 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' safety or property The effects that denial 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, or (as discussed further in Section 3- 11I.G) a victim of domestic violence, dating violence, sexual assault, or stalking The length of time since the violation occurred, the family's recent history and the likelihood of favorable conduct in the future Any statements made by witnesses or the applicant not included in the police report Whether criminal charges were filed Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity Evidence of criminal conduct will be considered if it indicates demonstrable risk to safety and/or property. I 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 BPHA will require the applicant to submit evidence of the household member's current participation in or successful Baldwin Park Housing Authority Administrative Plan — June 2021 Page 60 of 539 completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully. BPHA will consider the time of release and behavior history of the correctional facility on a case -by case -basis. Removal of a Family Member's Name from the Application Should the PHA's screening process reveal that an applicant's household includes an individual subject to state lifetime registered sex offender registration; the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must deny admission to the family [Notice PIH 2012-28]. For other criminal activity, the PHA may permit the family to exclude the culpable family members as a condition of eligibility [24 CFR 982.552(c)(2)(ii)]. BPHA Policy 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 not be permitted to visit, stay as a guest, or reside 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, BPHA will determine whether the behavior is related to the stated disability. If so, upon the family's request, the BPHA will determine whether admitting the family as a reasonable accommodation is appropriate. BPHA 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. 3-III.F. NOTICE OF ELIGIBILITY OR DENIAL If the family is eligible for assistance, the PHA will notify the family in writing and schedule a tenant briefing 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 61 of 539 process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures. BPHA PolicV 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)]. BPHA PolicV If based on a criminal record or sex offender registration information, an applicant family appears to be ineligible BPHA will notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record. The family will be given 10 business days to dispute the accuracy and relevance of the information. If the family does not contact BPHA to dispute the information within that 10 -day period, 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. B. Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault, or stalking are contained in Section 3-III.G. 3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING The Violence against Women Act of 2013 (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying an applicant admission to the HCV program on the basis that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant otherwise qualifies for assistance or admission. Definitions of key terms used in VAWA are provided in Section 16 -IX of this plan, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located. Notification VAWA 2013 expanded notification requirements to include the obligation for PHAs to provide applicants who are denied assistance with a VAWA Notice of Occupancy Rights Baldwin Park Housing Authority Administrative Plan — June 2021 Page 62 of 539 (form HUD -5380) and a domestic violence certification form (HUD -5382) at the time the applicant is denied. BPHA PolicV BPHA acknowledges that a victim of domestic violence, dating violence, sexual assault, or stalking may have an unfavorable history (e.g., a poor credit history, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under the PHA's policies. While the PHA is not required to identify whether adverse factors that resulted in the applicant's denial are a result of domestic violence, dating violence, sexual assault, or stalking, the applicant may inform the PHA that their status as a victim is directly related to the grounds for the denial. The PHA will request that the applicant provide enough information to the PHA to allow the PHA to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim. The PHA will include in its notice of denial the VAWA information described in section 16-IX.0 of this plan as well as including a copy of the form HUD -5382. BPHA will request in writing that an applicant wishing to claim protection under VAWA notify the PHA within 10 business days. Documentation Victim Documentation [24 CFR 5.2007] If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault, or stalking, BPHA will request in writing that the applicant provide documentation supporting the claim in accordance with Section 16-IX.D of this plan. Perpetrator Documentation Ing M If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of the following: A signed statement (1) requesting that the perpetrator be removed from the application and (2) certifying that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit To permit the perpetrator to return to the family, the family must provide documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service Baldwin Park Housing Authority Administrative Plan — June 2021 Page 63 of 539 provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to his or her belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation. The request to return the perpetrator to the unit must be made in accordance with Interims, Chapter 11. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 64 of 539 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: 0 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 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 of 2000 [42 U.S.C.15002(8)], which defines developmental disability in functional terms as follows: (A) In General The term "developmental disability" means a severe, chronic disability of an individual that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (1) Self-care, (11) Receptive and expressive language, (111) Learning, (IV) Mobility, (V) Self-direction, (VI) Capacity for independent living, (VII) Economic self-sufficiency; and (v) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (B) Infants and Young Children An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in Baldwin Park Housing Authority Administrative Plan — June 2021 Page 65 of 539 clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. 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. Individual with Handicaps [24 CFR 8.3] 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 impairment; or is regarded as having such 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; genito-urinary; 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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 66 of 539 (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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 67 of 539 EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION [20 U.S.C. 1001 and 1002] 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. 100 1 (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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 68 of 539 (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 Higher 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, 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 (60%) of those enrolled, and at least 60 percent (60%) of the graduates, 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 69 of 539 (bb) At least 60 percent (60%) 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 (11) 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 (11) 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 IV 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. (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 (50%) 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; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 70 of 539 (13) Enrolls 50 percent (50%) 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 (25%) 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 (50%) 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 (13) 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 71 of 539 (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 (10%) 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. (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; (13) 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 72 of 539 (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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 73 of 539 Chapter 4 APPLICATIONS, WAITING LIST AND TENANT SELECTION INTRODUCTION When a family wishes to receive assistance under the HCV program, 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 clear policies and procedures for accepting applications, placing families on the waiting list, and selecting families from the waiting list and must follow these policies and procedures 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 that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding. 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. 4-1]. 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. 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 1: 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 11: Managing the Waiting Lis . 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 he PHA has the information needed to make a final eligibility determination. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 74 of 539 PART 1: THE APPLICATION PROCESS 4-I.A. OVERVIEW This part describes the PHA policies for making applications available, accepting applications making preliminary determinations of eligibility and the placement of applicants 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, Notice PIH 2009-36] Any family that wishes 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 applications will be accepted by the PHA. The PHA must include Form HUD -92006, Supplement to Application for Federally Assisted Housing, as part of the PHA's application. BPHA Polic The BPHA conducts a two-step application process: First step Pre -Application Online Process BPHA accepts online pre -applications submissions only. Email accounts are required for all online application processes. BPHA will require the family to provide only the information required to place the family correctly on the waiting list. Families who submit a pre -application online will then be subject to a lottery process to be placed on the HCV waiting list. Those selected from the lottery to be placed on the waiting list will then be sent a confirmation email of placement on the waiting list. Those not selected will receive an email notification. All correspondence and notifications will be electronic version only. Second Step When the family is selected from the waiting list the family will be contacted by US post mail and required to provide all of the information necessary to establish family eligibility. 4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 — 4-13] The PHA must take 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 75 of 539 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. BPHA PolicV BPHA will partner with local resource centers serving the needs of senior and disabled persons to assist with the online application process. Resource centers may include local senior centers, public libraries and public service providers. Limited English Proficiency PHAs are required to take reasonable steps to ensure equal access to their programs and activities by persons with limited English proficiency (LEP)[24 CFR 1]. Chapter 2 provides a full discussion on the PHA's policies related to ensuring access to people with limited English proficiency. BPHA PolicV Online application process offers google translation. 4-I.D. PLACEMENT ON THE WAITING LIST The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible or denying assistance for other reasons, the PHA must notify the family in writing [24 CFR 982.201 (f)]. The notice must state that the applicant may request an informal review of the decision, and state how to arrange for the informal review. No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)]. Ineligible for Placement on 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. Eligible for Placement on the Waiting List Those selected from the pre -application lottery will be placed on the wailing list. This is essentially an interest list. BPHA will conduct a lottery process and maintain Baldwin Park Housing Authority Administrative Plan — June 2021 Page 76 of 539 an active waiting list. The PHA will send an email notification of the family's placement on the waiting list within 30 business days of processing lottery. Number of applicants will be determined at time of each waiting list acceptance process. Placement on the waiting list does not indicate that the family is formally eligible for assistance. No information is collected or verified until the family is drawn from the preliminary waiting list. A final determination of eligibility will be made when the family is selected from the waiting list. Applicants will be placed on the waiting list according to any preference(s) for which they qualify. 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. 4-1111.13. 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 • Family unit size • Date and time of application • Qualification for any local preference • Racial or ethnic designation of the head of household HUD requires the PHA to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served. BPHA will maintain a single waiting list for the HCV program and each application must include Applicant address Baldwin Park Housing Authority Administrative Plan — June 2021 Page 77 of 539 HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, project - based voucher or moderate rehabilitation program the PHA operates if 1) the other programs' waiting lists are open, and 2) the family is qualified for the other programs. HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs. A family's decision to apply for, receive, or refuse other housing assistance must not affect the family's placement on the HCV waiting list, or any preferences for which the family may qualify. BPHA PolicV BPHA will merge the HCV waiting with its PBV program and Public Housing waiting list. 4-11I.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Opening the Waiting List If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received. laswus BPHA will announce the reopening of the waiting list at least 10 business days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice. Applications will be accepted online only. The Waiting List will be open for specific time frames which will be identified in public notices before the Waiting List opens. When the Housing Authority opens the waiting list, it will give public notice by advertising in the following newspapers, minority publications, and media entities: A Local Newspaper of General Circulation Websites and local newsletters 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 78 of 539 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 A PHA is permitted to close the waiting list if it has an adequate pool of families to use its available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria. 1 a a - "-' me The Housing Authority public notices for the opening of the waiting list will include the waiting list application closing date. Where the PHA has particular preferences or funding criteria that require a specific category of family, the PHA may elect to continue to accept applications from these applicants while closing the waiting list to others. Cross -listing of Public Housing and Section 8 Waiting Lists [24 CFR §982.205] The Housing Authority merges the waiting lists for public housing and Section 8. If the Section 8 waiting list is open when the applicant is placed on the public housing list, the Housing Authority will 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 will offer to place the family on the public housing waiting list. 4-1111.11). 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 admit a specified percentage of extremely low income families to the program (see Chapter 4, Part 111), 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]. 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 u nderre presented in the program Avoiding outreach efforts that prefer or exclude people who are members of a protected class Baldwin Park Housing Authority Administrative Plan — June 2021 Page 79 of 539 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 BPHA Poligy 13PHA may 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 BPHA PolicV While the family is on the waiting list, the family must immediately inform BPHA of changes in contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing within 10 business days of the change. 4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204] Removing applicant names from the waiting list [24 CFR 982.204 (c)(1)] HUD requires the PHA to establish policies to use when removing applicant names from the waiting list. The policy may provide that the PHA remove names of applicants who do not respond to PHA requests for information or updates. Purging the Waiting List The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates, and the PHA determines that the family did not respond because of the family member's disability, the PHA must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)]. BPHA Polic The waiting list will be updated periodically to ensure that all applicants and applicant information is current and timely. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 80 of 539 To update the waiting list, BPHA will send an update request 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. This update request will be sent to the last address that BPHA has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant's name being removed from the waiting list. The family's response must be in writing and may be delivered in person or by mail. Responses should be postmarked or received by BPHA not later than 10 business days from the date of the BPHA letter. Copies will not be accepted. If the family fails to respond within 10 business days, the family will be removed from the waiting list. A notice will be sent to the family with the reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding BIPHA's decision (see Chapter 16) [24 CFR 982.201 (f)]. If the notice is returned by the post office with no forwarding address, 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 notice 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. If a family is removed from the waiting list for failure to respond, BPHA may reinstate the family if it is determined that the lack of response was due to BPHA error, or to circumstances beyond the family's control. Ineligible Family: BPHA Policy Eligibility of applicants is not determined until the selection process. Wom 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. 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)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 81 of 539 Reinstatement of Applicants Periodically, registrants will call to check their status on the waiting list and learn that they have been withdrawn because mail was returned undeliverable. BPHA Policy 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. 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). PART 111111: 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 are selected from the waiting list depends on the selection method chosen by the PHA and is impacted in part by any selection preferences for which the family qualifies. The availability of targeted 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)]. 4-111.13. 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 such families whether or not they are on the waiting list, and if they are on the waiting list without considering the family's position on the waiting list. These families are considered non - waiting list selections. The PHA must maintain records showing that such families were admitted with special program funding. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 82 of 539 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. In order to assist families within a targeted funding category, the PHA may skip families that do not qualify within the targeted funding 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. BPHA Polic BPHA may also administer the following targeted funding: 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. 4-III.C. SELECTION METHOD [24 CFR 982.202(d)] PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the PHA will use [24 CFR 982.202(d)]. Local Preferences [24 CFR 982.207; HCV p. 4-16] PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion. Any local preferences established must be consistent with the PHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources. 1 .11 U M F -All 00 = 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: Resident Veterans - A resident veteran is defined as a member of the U.S. Armed Forces, veterans or surviving spouses of veterans living or working 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 83 of 539 Residency Preference: For families who live or work 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 (3) three 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. All documents must be current, within 60 -days of the submittal date and must reflect the applicant's name. Residency Preference does not have the purpose or effect of delaying or otherwise denying admission to the program based on race, color, ethnic origin, gender, religion, disability or age of any member of an applicant family. Income Targeting Requirement [24 CFR 982.201(b)(2)] HUD requires that extremely low-income (ELI) families make up at least 75 percent of the families admitted to the HCV program during the PHA's fiscal year. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher. 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)]. BPHA will monitor progress in meeting the income targeting 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 based on local preferences according to the date and time of application or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA does not have enough funding to assist the family at the waiting list, it is 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)]. Imummarol 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 BPHA's Baldwin Park Housing Authority Administrative Plan — June 2021 Page 84 of 539 hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected based on a lottery system. Documentation will be maintained by BPHA 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, there will be a notation maintained. Among Applicants with Equal Preference Status Among applicants with equal preference status, date and time will organize the waiting list. 4-1111I.D. NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the PHA must notify the family [24 CFR 982.554 (a)]. BPHA 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. 0 Identify household members required to attend the interview. All documents required at the time of the interview, including information about what constitutes acceptable documentation. If a notification letter is returned to the PHA with no forwarding address, the family will be removed from the waiting list. A notice of denial will be sent to the family's address of record. (See Chapter 3) 4-III.E. THE APPLICATION INTERVIEW HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination through an in-person interview with a PHA representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program. Assistance cannot be provided to the family until all social security number documentation requirements are met. However, if the PHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the PHA [Notice PIH 2018-24] Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. Mamam Baldwin Park Housing Authority Administrative Plan — June 2021 Page 85 of 539 Families selected from the waiting list may be required to participate in an application interview or do the application process by delivering in person or by via first class mail. All household members over the age of 18 are required to attend the interview. The head of household or spouse/co-head must provide acceptable 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 at the time of the interview, they will be required to provide it within 30 business days. Pending disclosure and documentation of social security numbers, BPHA will allow the family to retain its place on the waiting list a total of 30 business days. If not all household members have disclosed their SSNs at the next time the PHA is issuing vouchers, the PHA will issue a voucher to the next eligible applicant family on the waiting list. The family must provide the information necessary to establish the family's eligibility and determine the appropriate level of assistance, and must complete required forms, provide required signatures, and submit required documentation. If any materials are missing, BPHA will provide the family with a written list of items that must be submitted within 10 business days. Any required documents or information that the family is unable to provide at the interview or due date must be provided in 10 business days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of eligible noncitizen status). If the family fails to provide the requested documents by the time frame, a notice of denial (see Chapter 3) will be sent to the family. On a case-by-case basis, as a reasonable accommodation, the family may be granted additional time. 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 BPHA in advance of the interview to schedule a new appointment. Rescheduling is only available due to heath, employment and school priorities. Supporting documentation may be required before a reschedule is approved. In all circumstances, if a family does not attend a scheduled interview, BPHA will send a second and final notification letter with a new interview appointment time. Applicants who fail to attend two scheduled interviews without BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 86 of 539 4-1111I.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 funding admission, or selection preference that affected the order in which the family was selected from the waiting list. If BPHA determines that the family is ineligible, BPHA 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) but is still deemed eligible, 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. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 87 of 539 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 an additional in-person interview with the applicant. The Housing Authority will schedule up to two interview appointments. An additional interview may be scheduled as a reasonable accommodation to resolve all discrepancies. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 88 of 539 Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE TiT, Ff:T*TsjFr6j_ff*7L 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 the HUD -required documents and other information the family needs to know in order to lease a unit under the program. Once the family is fully informed of the program's requirements, the PHA issues the family a voucher. The voucher includes the unit size for which the family qualifies based on the PHA's subsidy standards, as well as the issue and expiration date of the voucher. The voucher is the document that authorizes 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 1: 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 II: 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 1: BRIEFINGS AND FAMILY OBLIGATIONS 5-I.A. OVERVIEW HUD regulations require the PHA to conduct mandatory briefings for applicant families who qualify for a voucher. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 89 of 539 5-I.B. BRIEFING [24 CFR 982.301] Prior to issuance of a voucher, 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 in individual face-to-face meetings, through group briefing sessions, or via remote briefing sessions. Families will be notified of their eligibility for assistance at the time they are invited to a briefing. The notice will be sent by first class mail and will also be sent by email if the family has provided a valid email address to the BPHA. The notice will advise the family of the type of briefing, who is required to be present at the briefing, and the date and time of the briefing. Generally, all household members, 18 years and older, are required to attend the briefing. Any household member who is 18 years and older and disabled, not able to attend the briefing, must contact the Housing Authority to explain circumstances and receive approval. The notice will also inform the family of any additional requirements for in-person or remote briefings as addressed in relevant policy elsewhere in this section. If the notice is returned by the post office with no forwarding address, the applicant will be denied and their name will not be placed back on the waiting list. If the notice is returned by the post office with a forwarding address, the notice will be resent to the address indicated 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. BPHA Policy In-person Briefings will generally be conducted in group meetings. At the family's written request, BHA may provide an individual briefing. Generally, the head of household is required to attend the briefing. If the head of household is unable to attend, BPHA 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 interpretation services in accordance with the PHA's LEP plan (See Chapter 2). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 90 of 539 Attendance Applicants who fail to attend in-person briefing will be scheduled for another briefing automatically. BPHA will notify the family of the date and time of the second scheduled briefing. Applicants who fail to attend two scheduled briefings, without prior PHA approval, will be denied assistance (see Chapter 3). Remote briefings may be conducted over the phone, via video conferencing, or through other virtual platforms. BPHA has the sole discretion to require that briefings be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. If BPHA schedules a remote briefing, BPHA will conduct a face-to-face briefing upon request of the applicant as a reasonable accommodation for a person with a disability if safety and health concerns can be reasonably addressed. In addition, BMIPIA will conduct a briefing remotely upon request of the applicant ae a reasonable accommodation for a person with a disability, if an applicant does not have child care or transportation that would enable them to attend the briefing, or if the applicant believes an in-person briefing would create an undue health risk. BPHA will consider other reasonable requests for a remote briefing on a case-by- case basis. IIIIIIII 1 1111 111 1111111 1111 ''Fill IIIII III III II III III jill IIIII FUT111, W MIII 11 1 1 ; As with in-person briefings, the platform for conducting remote briefings must accessible and the briefing conducted in accordance with Section 504 and accessibili requirements, This includes ensuring any information, websites, emails, digit notifications, and other virtual platforms are accessible for persons with vision, hearin and other disabilities, Further, providing effective communication in a digital context m require the use of individualized auxiliary aids or services, such as audio descriptio captioning, sign language and other types of interpreters, keyboard accessibilit accessible documents, screen reader support, and transcripts. Auxiliary aids or servic must be provided in accessible formats, in a timely manner, and in such a way to prote the privacy and independence of the individual. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 91 of 539 postponing the remote briefing to a later date is appropriate or whether there is a suitable alternative. Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation, will depend on the specific circumstances. Limited English Proficiency (LEP) requirements also apply to remote briefings, includi the use of interpretation services and document translation. See Chapter 2 for a me thorough discussion of accessibility and LEP requirements, all of which apply in t context of remote briefings. I = M The PHA must ensure that the lack of technology or inability to use technology for remo briefings does not pose a disadvantage to families that may not be apparent to the PH The PHA must ensure that the family has appropriate technological access in order fully participate in the remote briefing. I la,21PAW—M At least 8 business days prior to scheduling the remote briefing, BPHA will provide written notification via first class mail and/or email to families participating in the briefing to advise of technological requirememts and to--reclwest the family notify-tt�t BPHA of any known barriers. If any family does not respond within five business days, or if the written notification is returned by the post office or the email is rejected, the PHA will contact the family by telephone to identify potential BPHA will conduct remote briefings via a video conferencing platform when available. If applicants are unable to adequately access the video conferencing platform, the briefing will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in, the remote briefing will be postponed, and an in-person alternative or one-on-one briefing over the phone will be provided. BPHA will provide login information and/or conferencing call-in information and an electronic copy of the briefing packet via email at least five business days before the briefing. BPHA will provide a paper copy of the briefing packet upon family request, and may reschedule the briefing to allow adequate time for the family to receive the physical briefing packet. � i I I I ME . 1MUUlIllIlljl;ll�� I'll, ' Baldwin Park Housing Authority Administrative Plan — June 2021 Page 92 of 539 persons with LEP, and is secure, including ensuring personally identifiable information (PII) is protected. BPHA will ensure that families who participate in remote briefings have the opportunity to ask questions as part of the briefing. 11111 Z � I i ill si MA 11 Ill"11111 ill 11 ill 111111111111 1 IS a one-on-one briefing over the phone or in person with BPHA. Oral Briefing [24 CFR 982.301 (a)] Each briefing must provide information on the following subjects: • A description of how the program works; • Family and owner responsibilities; W on • An explanation of how portability works. The PHA may not discourage the family from choosing to live anywhere in the PHA jurisdiction, or outside the PHA jurisdiction under portability procedures. • The PHA must inform the family of how portability may affect the family's assistance through screening, subsidy standards, payment standards, and any other elements of the portability process which may affect the family's assistance; • If the family is currently living in a high poverty census tract in the PHA's jurisdiction, the briefing must also explain the advantages of moving to an area that does not have a high In briefing a family that includes any disabled person, the PHA must take appropriatm- steps to ensure effective communication in accordance with 24 CFR 8.6. 1 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 PHA Policy on any extensions or suspensions of - the term. If the PHA allows extensions, the packet must explain how the family can request an extension; * How the PHA determines the amount of the housing assistance payment for a family, including: How the PHA determines the payment standard for a family; anli How the PHA determines the total tenant payment for a family. How the PHA determines the maximum rent for an assisted unit; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 93 of 539 • Where the family may lease a unit and an explanation of how portability works, including information on how portability may affect the family's assistance through screening, subsidy standards, payment standards, and any other elements of the portability process that may affect the family's assistance. • The HUD -required "tenancy addendum" that must be included in the lease; • The form that the family uses to request PHA approval of the assisted tenancy, and an explanation of how to request such approval; • The form the family must use to request approval of tenancy, and a description of the procedure for requesting approval for a tenancy. • PHA subsidy standards, including when the PHA will consider granting exceptions to the standards; • The HUD brochure on how to select a unit • 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 known to the PHA who may be willing to lease a unit to the family, or help the family find a unit; • Notice that if the family includes a disabled person, the family may request a current listing of accessible units known to the PHA that may be available; • Family obligations under the program, including any obligations of a welfare -to - work family. • The grounds on which the PHA may terminate assistance for a participant family R1111111111151011FAMIRM PHA informal hearing procedures. This information must describe when the PHA is required to give a participant family the opportunity for an informal hearing, and how to request a hearing. An explanation of the advantages of moving to an area that does not have a high concentration of low-income families. If the PHA is located in a metropolitan 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 94 of 539 In addition to items required by the regulations, PHAs may wish to include supplemental materials to help explain the program to both participants and owners [HCV GB p. 8-7, Notice PIH 2017-12]. [guawyk-91 BPHA will provide the following additional materials in the briefing packet: The HUD pamphlet on lead-based paint entitled Protect Your Family from Lead in Your Home. Information on how to fill out and file a housing discrimination complaint form Information about the protections afforded by the Violence Against Women Act of 2013 (VAWA) to victims of domestic violence, dating violence, sexual assault and stalking (see Section 16-IX.C) Information about the protections afforded by the Protecting Tenants at Foreclosure Act (PTFA) (see Section 13-1 1.G) "is Fraud Worth It?" (Form HUD -1 141-01G), which explains the types of actions a family must avoid and the penalties for program abuse "What You Should Know About EIV," a guide to the Enterprise Income Verification (EIV) System published by HUD as an attachment to Notice PIH 2017-12 A "Good Place to Live" pamphlet Family Self -Sufficiency Brochure and materials 5-I.C. 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 BPHA of a change, notifying BPHA of the request or change within 10 calendar days is considered prompt notice. When a family is required to provide notice to BPHA, the notice must be in writing. Family Obligations [24 CFR 982.551] The family obligations of the voucher are listed as follows: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 95 of 539 • 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. BPHA PolicV Damages include those caused by medical equipment. 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. 0 The family must not commit any serious or repeated violation of the lease. Imumm"100 BPHA 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, police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge. Serious and repeated lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises, and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault, or stalking will not be construed as serious or repeated lease violations by the victim [24 CFR 5.2005(c)(1)]. 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, however, can never be less than a 30 -day notice. The family must provide written notice to BPHA at the same time the owner is notified. 0 The family must give the PHA a copy of any owner eviction notice Baldwin Park Housing Authority Administrative Plan — June 2021 Page 96 of 539 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. 12*1 The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. BPHA 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 11.13). 0 The family must not sublease the unit, assign the lease, or transfer the unit. Igam"m Subleasing includes receiving payments for rent and/or utility costs for 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. 0 The family must promptly notify the PHA when the family is absent from the unit. BPHA PolicV 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 14 calendar days. Written notice must be provided to BPHA 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) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 97 of 539 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 away 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] 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 must also establish policies related to the issuance of the voucher, to the voucher term, and to any extensions or suspensions of the voucher term. 5-11I.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 98 of 539 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) must be counted in determining the family unit size. 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. BPHA will assign one bedroom for each two persons within the household, except in the following circumstances: Live-in aides will be allocated a separate bedroom. Single person families will be allocated one bedroom. Age, gender or relationship will not be considered The PHA will reference the following chart in determining the appropriate voucher size for a family: Voucher Size 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms Unit Size Selected Persons in Household (Minimum — Maximum) 1-2 3-4 5-6 7-8 9-10 The family may select a different size dwelling than that listed on the Voucher. There are four criteria to consider: Subsidy Limitation: The Housing Authority will apply the Payment Standard for either the size on the Voucher or the size of the actual unit selected by the family, whichever is the smaller of the two. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 99 of 539 2. Utility 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. Housinq QualitV 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. 4. Program Compliance: If a larger unit is selected and evidence or preponderance of evidence weighs towards possible program violations such as a rent burden which supports unreported income or evidence of unauthorized household member(s), the larger unit may be denied for the family. Depending on the weight of the evidence, the family may be offered the opportunity to relocate to a unit suitable for the family and voucher size or termination of rental assistance may be proposed. 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS In determining family unit size for a particular family, the PHA may grant an exception to its established subsidy standards if the PHA determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not limited to: o 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)]. BPHA Policy As a reasonable accommodation, BPHA will consider granting an exception due to health necessities (i.e. medical equipment) and disabilities. The family must request any exception to the subsidy standards in writing. All request must explain the need or justification for a larger family unit size, and must include appropriate documentation (e.g., doctor or health professional), unless the disability and the disability—related request for accommodation is readily apparent or otherwise known. Request pertaining to medical equipment will require an HQS Inspection conducted to the current unit to verify that the unit size is insufficient to meet the needs of the family. Households that have a voucher with an extra bedroom for reasonable accommodations must provide updated verification forms from their medical provider at each annual and prior to voucher issuance. Verification forms must be reviewed, confirmed and updated prior to execution of a HAP contract. If Baldwin Park Housing Authority Administrative Plan — June 2021 Page 100 of 539 the disability is permanent, such as severely disabled Quadriplegics, an updated verification form is not necessary. BPHA will notify the family of its determination within 10 business days of receiving the family's request. If a participant family's request is denied, the notice will inform the family of their right to request an informal hearing. 5-11I.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 -52646] 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 verification of information received within the 60 days prior to issuance [24 CFR 982.201 (e)] and after the family has attended an oral briefing [HCV 8-1]. Vouchers will be issued to eligible applicants immediately following the mandatory briefing. The PHA should have sufficient funds to house an applicant before issuing a voucher. If funds are insufficient to house the family at the top of the waiting list, the PHA must wait until it has adequate funds before it calls another family from the list [HCV GB p. 8-10]. BPHA PolicV Prior to issuing any vouchers, BPHA will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter 16. If BPHA determines that there is insufficient funding after a voucher has been issued, BPHA 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] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 101 of 539 The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on the voucher [24 CFR 982.303(a)]. BPHA PolicV The initial voucher term will be the maximum of 180 calendar days. Extensions of Voucher Term [24 CFR 982.303(b)] The PHA has the authority to grant extensions of search time, to specify the length of an extension, and to determine the circumstances under which extensions will be granted. There is no limit on the number of extensions that the PHA can approve. Discretionary policies related to extension and expiration of search time must be described in the PHA's administrative plan [24 CFR 982.54]. PHAs must approve additional search time if needed as a reasonable accommodation to make the program accessible to and usable by a person with disabilities. The extension period must be reasonable for the purpose. The family must be notified in writing of the PHA's decision to approve or deny an extension. The PHA's decision to deny a request for an extension of the voucher term is not subject to informal review [24 CFR 982.554(c)(4)]. BPHA Policy BPHA will issue a voucher for 180 days. No extension will be provided with the exception of reasonable accommodation requests to be reviewed and approved on a case-by-case basis. Any request for an additional extension must include the reason(s) an additional extension is necessary. BHA may require the family to provide documentation to support the request or obtain verification from a qualified third party. All requests for extensions to the voucher term must be made in writing and submitted to the PHA prior to the expiration date of the voucher (or extended term of the voucher). The BPHA will decide whether to approve or deny an extension request within 10 business days of the date the request is received, and will immediately provide the family written notice of its decision. Assistance to Voucher Holders Voucher holders will be notified at their briefing session that the Housing 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 102 of 539 Suspensions of Voucher Term [24 CIFIR 982.303(c)] The PHA must provide for suspension of the initial or any extended term of the voucher from the date the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied. I --] N M rw k-91 When a Request for Tenancy Approval (RFTA) and proposed lease is received by BPHA, the term of the voucher is suspended for the RFTA review process. If the proposed unit is not approved, the voucher is extended for the time period taken to complete the inspection process. Expiration of Voucher Term Once a family's housing choice voucher term (including any extensions) expires, the family is no longer eligible to search for housing under the program. If the family still wishes to receive assistance, the PHA may require that the family reapply, or may place the family on the waiting list with a new application date but without requiring reapplication. Such a family does not become ineligible for the program on the grounds that it was unable to locate a unit before the voucher expired [HCV GB p. 8-13]. If an applicant family's voucher term or extension expires before the family has submitted a Request for Tenancy Approval (RFTA), BPHA will require the family to reapply for assistance. Within 10 business days after the expiration of the voucher term or any extension, BPHA will 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 BPHA is accepting applications. If the family is currently assisted, they may remain as a participant in their unit after the voucher expires under the following conditions: 1) The unit meets subsidy and HQS standards and is approved by BPHA. 2) Approval by the property owner to remain in the unit. 4) An existing lease/contract between the tenant and owner is in effect. 5) An existing HAP contract between the BPHA and owner is in effect. If any one of these conditions are not met and the tenant opts to remain in the unit after the voucher has expired, the Tenant is considered terminated due to an expired voucher. Therefore, the Tenant is responsible to pay the full rent beginning the month immediately following the expiration date of the voucher and every month thereafter. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 103 of 539 Chapter 6 INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] 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 1: 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 1. Part II: Ad'usted 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 11. Part III: Calculating FamilV Share and PHA Subsidy. 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-I.A. OVERVIEW The general regulatory definition of annual income shown below is from 24 CFR 5.609. 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. 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 follow: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 104 of 539 0 Annual Income Inclusions (Exhibit 6-1) 0 Annual Income Exclusions (Exhibit 6-2) 0 Treatment of Family Assets (Exhibit 6-3) 0 Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4) 0 The Effect of Welfare Benefit Reduction (Exhibit 6-5) Sections 6-1.13 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. - 1 111 IE7 ITIZ 11 1 '111 IMAM: 16IM114: M 4 lowlill 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 co-head 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 $480/year is excluded. of age or older (not head, [24 CFR 5.609(c)(1 1)] spouse, or co-head) All other sources of income, except those specifically excluded by the regulations, are included. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 105 of 539 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]. BPHA PolicV 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. DOWIZAM 110111111111MA111111 The approval of a caretaker is at the owner and PHA's discretion and subject to the owner and PHA's screening criteria. 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. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 106 of 539 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(d)] PHAs are required to use HUD's Enterprise Income Verification (EIV) system in its entirety as a third party source to verify employment and income information, and to reduce administrative subsidy payment errors in accordance with HUD administrative guidance [24 CFR 5.233(a)(2)]. HUD allows PHAs to use tenant -provided documents (pay -stubs) to project income once EIV data has been received in such cases where the family does not dispute the EIV employer data and where the PHA does not determine it is necessary to obtain additional third -party data. Mama= When EIV is obtained and the family does not dispute the EIV employer data, BPHA will also use current tenant -provided documents to project annual income. When the tenant -provided documents are pay stubs, BPHA will make every effort to obtain current and consecutive pay stubs dated within the last 60 days. BPHA will obtain written and/or oral third -party verification in accordance with the verification requirements and policy in Chapter 7 in the following cases: • If EIV or other UIV data is not available, • If the family disputes the accuracy of the EIV employer data, and/or • If BPHA determines additional information is needed. In such cases, BPHA will review and analyze current data to anticipate annual income. In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how BPHA annualized projected income. When BPHA cannot readily anticipate income based upon current circumstances (e.g., in the case of seasonal employment, unstable working hours, or suspected fraud), BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 107 of 539 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 BPHA 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 $8/hour will begin to receive $8.25/hour in the eighth week after the effective date of the reexamination. In such a case the PHA would calculate annual income as follows: ($8/hour x 40 hours x 7 weeks) + ($8.25 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 on reexaminations does not require interim reexaminations for other types of changes. When tenant -provided third -party documents are used to anticipate annual income, they will be dated within the last 60 days of the reexamination interview date. Projecting Income In HUD's EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV quarterly wages to project annual income. 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)]. BPHA PolicV For persons who regularly receive bonuses or commissions, BPHA will verify and then average amounts received for the two years preceding admission or reexamination. If only a one-year history is available, BPHA will use the prior year amounts. In either case the family may provide, and BPHA 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, BPHA will count only the amount estimated by the employer. The file will be documented appropriately. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 108 of 539 Some Types of Military Pay All regular pay, specialpay 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 includes temporary payments from the U.S. Census Bureau for employment lasting no longer than 180 days [Notice PIH 2009-19]. BPHA PolicV Sporadic income is income that is not received regularly 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. However, if history reflects sporadic income earned through a specific time period, that income is included. For example: a handyman works sporadically throughout the last month and has history showing the same sporadic work for the last six month period. The income earned could be averaged and included in the household's annual income. 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 co-head) are not counted [24 CFR 5.609(c)(1 1)]. 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 a 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)(1 7)], including: Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 109 of 539 • 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 (a)(2)) 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)]. BPHA 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 of 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]. BPHA 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]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 110 of 539 In calculating the incremental difference, BPHA 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 BPHA'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. BPHA PolicV 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 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16] 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 111 of 539 wage is the federal minimum wage unless there is a higher state or local minimum wage. 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 "baseline income." The family member's baseline income is his or her income immediately prior to qualifying for the EID. The family member's baseline income remains constant throughout the period that he or she is participating in the EID. 1--lawmarol BPHA 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 (as a baseline) throughout the period that he or she is participating in the EID. Calculation Method Initial 12 -Month Exclusion During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. BPHA Policy 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 112 of 539 During the second exclusion period of 12 consecutive months, the PHA must exclude at least 50 percent of any increase in income attributable to employment or increased earnings. 1,001 During the second 12 -month exclusion period, BPHA will exclude 50 percent of any increase in income attributable to new employment or increased earnings. The EID has a two-year (24 -month) lifetime maximum. The two-year eligibility peri begins at the same time that the initial exclusion period begins and ends 24 months late During the 24- month period, an individual remains eligible for EID even if they begin receive assistance from a different housing agency, move between public housing a Section 8 assistance, or have breaks in assistance. I Imumm"100 During the 24 -month eligibility period, BPHA 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]. BPHA PolicV To determine business expenses that may be deducted from gross income, BPHA 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 113 of 539 HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion. BPHA PolicV Business expansion is defined as any capital expenditures made to add new business activities, to expand current facilities, or to operate the business in additional locations. For example, purchase of a street sweeper by a construction business for the purpose of adding street cleaning to the services offered by the business would be considered a business expansion. Similarly, the purchase of a property by a hair care business to open at a second location would be considered a business expansion. Capital Indebtedness HUD regulations do not permit the 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 BPHA 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. BPHA PolicV 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, BPHA 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 BPHA PolicV 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 114 of 539 lower than its share of ownership, the family must document the reasons for the difference. 6-11.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 anticipated "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. Optional policies for family self -certification of assets are found in Chapter 7. 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. BPHA PolicV 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 BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 115 of 539 • The market value of an asset is its worth in the market (e.g., the amount a buyer would pay for real estate or the total value of 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. BPHA PolicV 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 GIB, 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 6-1.1.) Imputing Income from Assets [24 CFR 5.609(b)(3), Notice PIH 2012-29] 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 an average passbook savings rate as determined by the PHA. Note: The HUD field office no longer provides an interest rate for imputed asset income. The "safe harbor" is now for the PHA to establish a passbook rate within 0.75 percent of a national average. The PHA must review its passbook rate annually to ensure that it remains within 0.75 percent of the national average. BPHA PolicV BPHA initially set the imputed asset passbook rate at the national rate established by the Federal Deposit Insurance Corporation (FDIC). BPHA will review the passbook rate annually. The rate will not be adjusted unless the current PHA rate is no longer within the 0.75 percent of the national rate. If it is no longer within 0.75 percent of the national rate, the passbook rate will be set at the current national rate. The effect date of the changes to the passbook rate will be determined at the time of the review. Determining Actual Anticipated Income from Assets Baldwin Park Housing Authority Administrative Plan — June 2021 Page 116 of 539 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 investment plan is not counted as income until the family has received payments equal to the amount the family member deposited into the retirement investment plan. 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." BPHA Polic If an asset is owned by more than one person and any family member has unrestricted access to the asset, BPHA 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, BPHA will prorate the asset according to the percentage of ownership. If no percentage is specified or provided for by state or local law, BPHA will prorate the asset evenly among all owners. 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 exam ination/reexam ination, except as noted below. Minimum Threshold The HVC Guidebook permits the PHA to set a threshold below which assets disposed of for less than fair market value will not be counted [HCV GIB, p. 5-27]. BPHA Polic BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 117 of 539 When the two-year period expires, the income assigned to the disposed asset(s) also expires. If the two-year period ends between annual recertifications, 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. BPHA may verify the value of the assets disposed of if other information available to BPHA does not appear to agree with the information reported by the family. Types of Assets 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. [asm, Vol Baldwin Park Housing Authority Administrative Plan — June 2021 Page 118 of 539 BPHA will request bank statements from participant families for the most recent six months. These bank statements will be reviewed during the Annual Reexamination. In determining the value of a checking account, BPHA will use the current balance. In determining the value of a savings account, BPHA will use the current balance. In determining the anticipated income from an interest-bearing checking or savings account, BPHA 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, BPHA 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), BPHA 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]. BPHA PolicV In determining the equity, BPHA will determine market value by examining recent sales of at least three properties in the surrounding or similar neighborhood that possess comparable factors that affect market value. BPHA will first use the payoff amount for the loan (mortgage) as the unpaid balance to calculate equity. If the payoff amount is not available, BPHA will use the basic loan balance information to deduct from the market value in the equity calculation. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 119 of 539 Equity in real property and other capital investments is considered in the calculation of asset income g1gept for the following types of assets: • Equity accounts in HUD homeownership programs [24 CFR 5.603(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), Notice PIH 2012-3]. • 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] The PHA must also deduct from the equity the reasonable costs for converting the asset to cash. Using the formula for calculating equity specified above, the net cash value of real property is the market value minus the balance of the loan (mortgage) minus the expenses to convert to cash. [Notice PIH 2012-3] QPHA Policy For the purposes of calculating expenses to convert to cash for real property, BPHA will use ten percent of the market value of the home. 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. BPHA PolicV 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 BPHA determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash. Trusts Baldwin Park Housing Authority Administrative Plan — June 2021 Page 120 of 539 A trust is a legal arrangement generally regulated by state law in which one party (the creator or grantor) transfers property to a second party (the trustee) who holds the property for the benefit of one or more third parties (the beneficiaries). Revocable Trusts If any member of a family has the right to withdraw the funds in a trust, the value of the trust is considered an asset [HCV GIB, 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.) Special Needs Trusts [HCV GB, p. 5-30] A special needs trust is a trust that may be created under some state laws, often by family members for disabled persons who are not able to make financial decisions for themselves. Generally, the assets within the trust are not accessible to the beneficiary. (1) If the beneficiary does not have access to income from the trust, then it is not counted as part of income. (2) If income from the trust is paid to the beneficiary regularly, those payments are counted as income. Example — Special Needs Trust Daryl Rockland is a 55 -year-old person with disabilities, living with his elderly parents. The parents have established a special - needs trust to provide income for their son after they are gone. The trust is not revocable; neither the parents nor the son currently have access to the principal or interest. In calculating the income of the Rocklands, the PHA will disregard the trust. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 121 of 539 If trust documents show that the applicant does not have access to the principal or interest, and does not receive regular payments from the trust, this should be sufficient to document that the trust is not accessible and should be disregarded. Retirement Accounts CompanV RefirementlPension 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, BPHA 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. 5-26]. 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, lottery and gambling winnings etc., is considered an asset [HCV GB, p. 5-25]. In determining the value of personal property held as an investment, BPHA will use the family's estimate of the value. BPHA may obtain an appraisal to confirm the value of the asset if there is reason to believe that the family's estimated value is off by $50 or more. 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)]. Imumm"100 Necessary personal property consists of only those items not held as an investment, and may include clothing, furniture, household furnishings, costume jewelry, and vehicles, including those specially equipped for persons with disabilities. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 122 of 539 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 lotte�y 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. Additionally, any deferred disability benefits that are received in a lump -sum or in prospective monthly amounts from the Department of Veterans Affairs are to be excluded from annual income [24 CFR 5.609 (c)(14)]. When a delayed -start payment is received and reported during the period in which BPHA is processing an annual reexamination, BPHA will adjust the family share; however, if annual has already been completed an Interim Reexam will immediately be completed with the new family income. Treatment of Overpayment Deductions from Social Security Benefits The PHA must make a special calculation of annual income when the Social Security Administration (SSA) overpays an individual, resulting in a withholding or deduction from his or her benefit amount until the overpayment is paid in full. The amount and duration of the withholding will vary depending on the amount of the overpayment and the percent of the benefit rate withheld. Regardless of the amount withheld or the length of the withholding period, the PHA must use the reduced benefit amount after deducting only Baldwin Park Housing Authority Administrative Plan — June 2021 Page 123 of 539 the amount of the overpayment withholding from the gross benefit amount [Notice PIH 2018-24]. BPHA Policy An Interim Reexam will be processed once the income is adjusted appropriately. 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)]. Kinship guardianship assistance payments (Kin -GAP) and other similar guardianship payments are treated the same as foster care payments and are likewise excluded from annual income [Notice PIH 2012-1] I-= BPHA 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)(1 6)] • 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 (EITC) 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 SecuritV and SSI payments (see Section 6-I.H.) [24 CFR 5.609(c)(14)]. Lump -sums or prospective monthly amounts received as deferred disability benefits from the Department of Veterans Affairs (VA) [24 CFR 5.609(c)(14)] 6-1.1. 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.) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 124 of 539 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 provide the reason for the reduction of benefits and the amount of the reduction of benefits. The imputed welfare income is the amount that the benefits were reduced as a result of the sanction. 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)]. Offsets The amount of the imputed welfare 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)] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 125 of 539 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 must count alimony or child support amounts awarded as part of a divorce or separation agreement. BPHA will count court -awarded amounts for alimony and child support unless BPHA 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 G13, pp. 5-23 and 5-47]. Families who receive alimony or child support outside of court -awarded support are not required to seek a court, however, must provide other forms of supporting documentation to verify the amount received. In an effort to reduce loss of federal funds that affect this program, BPHA enforces cost saving measures. Therefore, tenants eligible to receive child support are required to contact local child support agencies and any other funding source to provide financial assistance to the minor household members. 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)]. BPHA PolicV 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 BPHA. For contributions that may vary from month to month (e.g., utility payments), BPHA will include an average amount based upon past history. 6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9); Notice PIH 2015-21] In 2005, Congress passed a law (for Section 8 programs only) requiring that certain student financial assistance be included in annual income. Prior to that, the full amount of student financial assistance was excluded. For some students, the full exclusion still applies. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 126 of 539 Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); FR 4/10/06; Notice PlH 2015-21] The regulation requiring the inclusion of certain student financial assistance applies only to students who satisfy all of the following conditions: They are enrolled in an institution of higher education, as defined under the Higher Education Act (HEA) of 1965. They are seeking or receiving Section 8 assistance on their own—that is, apart from their parents—through the HCV program, the project -based certificate program, the project -based voucher program, or the moderate rehabilitation program. 0 They are under 24 years of age OR they have no dependent children. For students who satisfy these three conditions, any financial assistance in excess of tuition and any other required fees and charges received: (1) under the 1965 HEA, (2) from a private source, or (3) from an institution of higher education, as defined under the 1965 HEA, must be included in annual income. To determine annual income in accordance with the above requirements, the PHA will use the definitions of dependent child, institution of higher education, and parents in Section 3-ILE, along with the following definitions [FR 4/10/06, pp. 18148-18150]: Assistance under the Higher Education Act of 1965 includes Pell Grants, Federal Supplement Educational Opportunity Grants, Academic Achievement Incentive Scholarships, State Assistance under the Leveraging Educational Assistance Partnership Program, the Robert G. Byrd Honors Scholarship Program, and Federal Work Study programs. Assistance from private sources means assistance from nongovernmental sources, including parents, guardians, and other persons not residing with the student in an HCV assisted unit. Tuition and fees are defined in the same manner in which the Department of Education defines tuition and fees [Notice PIH 2015-21]� - This is the amount of tuition and required fees covering a full academic year most frequently charged to students. - The amount represents what a typical student would be charged and may not be the same for all students at an institution. - If tuition is charged on a per -credit -hour basis, the average full-time credit hour load for an academic year is used to estimate average tuition, - Required fees include all fixed -sum charges that are required of a large proportion of all students. Examples include, but are not limited to, writing and science lab fees and fees specific to the student's major or program (i.e., nursing program). - Expenses related to attending an institution of higher education must not be included as tuition. Examples include, but are not limited to, room and board, books, supplies, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 127 of 539 meal plans, transportation and parking, student health insurance plans, and other non - fixed -sum charges. Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9) is fully excluded from annual income under 24 CFR 5.609(c)(6), whether it is paid directly to the student or to the educational institution the student is attending. This includes any financial assistance received by: • Students residing with parents who are seeking or receiving Section 8 assistance • Students who are enrolled in an educational institution that does not meet the 1965 HEA definition of institution of higher education • Students who are over 23 AND have at least one dependent child, as defined in Section 3-II.E • Students who are receiving financial assistance through a governmental program not authorized under the 1965 HEA. 6-I.M. 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)] 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)(1 0)] Adoption assistance payments in excess of $480 per adopted child [24 CFR 5.609(c)(1 2)] Refunds or rebates on property taxes paid on the dwelling unit [24 CFR 5.609(c)(1 5)] Amounts paid by a state agency to a family with a member who has a developmental disabilitV 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)(1 6)] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 128 of 539 Amounts specifically excluded bV anV other federal statute [24 CFR 5.609(c)(17), FR Notice 5/20/14]. HUD publishes an updated list of these exclusions periodically. It includes: (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) Benefits under Section 1780 of the School Lunch Act and the Child Nutrition Act of 1966, including reduced -price lunches and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC) (c) Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(f)(1), 5058) (d) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)) (e) Income derived from certain sub marginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e) (f) Payments or allowances made under the Department of Health and Human Services' Low -Income Home Energy Assistance Program (42 U.S.C. 8624(f)) (g) Payments received under programs funded in whole or in part under the Workforce Investment Act of 1998 (29 U.S.C. 29631) (h) Deferred disability benefits from the U. S. Department of Veterans Affairs, whether received as a lump sum or in prospective monthly amounts (42 U.S.C. § 1437a(b)(4)). (i) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. 94-540, Section 6, 90 Stat. 2503-04) Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)) (k) A lump sum or periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the United States District Court case entitled, Elouise Cobell et al v. Ken Salazar et al., for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010 (Pub. L. 111-291). (1) 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, and 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) (m) Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only applies to Native American housing programs) (n) Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 129 of 539 (o) Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund (Pub. L. 101-201) or any other fund established pursuant to the settlement in In Re Agent Orange Liability Litigation, M.D.L. No. 381 (E.D.N.Y.) (p) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans born with spinal bifida (38 U.S.C. 1802-05), children of women Vietnam veterans born with certain birth defects (38 U.S.C. 1811-16), and children of certain Korean service veterans born with spina bifida (38 U.S.C. 1821). (q) Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721) (r) 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) (s) Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 320)) (t) 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) (u) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070), including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8 programs (42 U.S.C. 1437f), the exception found in §237of Public Law 109-249, applies and requires that any amount of financial assistance in excess of amounts received by an individual for tuition and any other mandatory fees and charges under the Higher Education Act of 1965 (20 U.S.C. 10 1 et seq.) from private sources or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002), shall not be considered income to that individual if the individual is over the age of 23 with dependent children (Pub. L. 109-115, Section 327 (as amended)) in accordance with the provisions codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as defined by 42 U.S.C. 1437a(b)(3)(E)(Pub.L.109-249). (See Section 6-11. for exceptions.) (v) Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) (w) 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(c)) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 130 of 539 (x) Any amounts in an "individual development account" as provided by the Assets for Independence Act, as amended in 2002 (Pub. L. 107-110, 42 U.S.C. 604(h)(4)) (y) Payments made from the proceeds of Indian Tribal Trust Cases as described in Notice PIH 2013-30, "Exclusion from Income of Payments under Recent Tribal Trust Settlements" (25 U.S.C. 11 7b(a)) (z) Major disaster and emergency assistance received by individuals and families under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93-288, as amended) and comparable disaster assistance provided by States, local governments, and disaster assistance organizations (42 U.S.C. 5155(d)). PART II: ADJUSTED INCOME 6-11I.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. Anticipating Expenses Baldwin Park Housing Authority Administrative Plan — June 2021 Page 131 of 539 BPHA PolicV Generally, BPHA 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 non -school periods and cyclical medical expenses), BPHA will estimate costs based on historic data and known future costs. If a family has an accumulated debt for medical or disability assistance expenses, BPHA 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. BPHA will require the family to provide documentation of payments made in the preceding year. An Interim Reexam will be completed on the actual and current verification of expenses. 6-II.B. DEPENDENT DEDUCTION An allowance of $480 is deducted from annual income for each dependent [24 CFR 5.611 (a)(1)]. Dependent is defined as any family member other than the head, spouse, or co-head who is under the age of 18 or who is 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)]. 6-11I.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, co-head, or sole member is 62 years of age or older, and a disabled family is a family whose head, spouse, co-head, 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 (3%) of annual income. The medical expense deduction is permitted only for families in which the head, spouse, or co-head 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]. 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." Baldwin Park Housing Authority Administrative Plan — June 2021 Page 132 of 539 BPHA PolicV The most current IRS Publication 502, Medical and Dental Expenses, will be used as a reference to determine the costs that qualify as medical expenses. Summary of Allowable Medical ExDenses from IRS Publication 502 Services of medical professionals I Psychiatric treatment Surgery and medical procedures that are Ambulance services and some costs of necessary, legal, noncosmetic transportation related to medical expenses Services of medical facilities Hospitalization, long-term care, and in-home nursing services Prescription medicines and insulin, but not nonprescription medicines even if recommended by a doctor Improvements to housing directly related to medical needs (e.g., ramps for a wheel chair, handrails) Substance abuse treatment programs The cost and care of necessary equipment related to a medical condition (e.g., eyeglasses/lenses, hearing aids, crutches, and artificial teeth) Cost and continuing care of necessary service animals Medical insurance premiums or the cost of 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. 11111111 Jill ill gill 'Jill !III III Ill 11 1111 1 ill This policy applies only to families in which the head, spouse, or cohead is 62 or older or is a person with disabilities. U111 dwillLya 1171:71117 pet ]SeS, D r- IVA Will L;L)f I�SlUe_[ LHU111 [IlUallUdil kdXpUI1Z5V,5 it is clear that the expenses are incurred exclusively to enable a person with disabilities to work, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 133 of 539 6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(b) and 24 CFR 5.611 (a)(3)(ii)] 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 (3%) of annual income, and (4) do not exceed the earned income received by the family member who is enabled to work. 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. BPHA PolicV The family must identify the family members enabled to work as a result of the disability assistance expenses. In evaluating the family's request, BPHA 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 BPHA 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]. HUD advises PHAs to further define and describe auxiliary apparatus [VG, p. 30]. Eligible Auxiliary Apparatus Baldwin Park Housing Authority Administrative Plan — June 2021 Page 134 of 539 Expenses incurred for maintaining or repairing an auxiliary apparatus is 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. 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, BPHA 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 may be 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 135 of 539 BPHA determines the reasonableness of the expenses based on typical costs of care or apparatus in the locality. To establish typical costs, BPHA will collect information from organizations that provide services and support to persons with disabilities. A family may present, and BPHA 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, BPHA will consider them medical expenses unless it is clear that the expenses are incurred exclusively to enable a person with disabilities to work. 6-11I.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. 5-29]. Qualifying for the Deduction Determining Who Is Enabled to Pursue an Eligible Activity BPHA PolicV The family must identify the family member(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, BPHA 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, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 136 of 539 and any special needs of the child that might help determine which family member is enabled to pursue an eligible activity. Seeking Work M 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 every 3 months. 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 BPHA. An interim will be conducted as needed. 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. Child care expense for those furthering education must be reevaluated and verified every school term. An interim will be conducted as needed. Being Gainfully Employed I 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 137 of 539 because of the DID 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]. Immarol 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, BPHA generally 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. Eligible Child Care Expenses The type of care to be provided is determined by the assisted family. BPHA 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. 26]. Allowable Child Care Activities BPHA Policy 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 or those activities which consist of childcare services) are allowable forms of child care. The costs of general housekeeping and personal services are not eligible. 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, BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 138 of 539 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. BPHA PolicV 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 per day. To establish the reasonableness of child care costs, BPHA may use the schedule of child care costs from a qualified local entity that either subsidizes child care costs or licenses child care providers. Families may present, and BPHA will consider, justification for costs that exceed typical costs in the area. 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 1, 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 6-111.13. 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] BPHA PolicV Welfare rent does not apply in this locality. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 139 of 539 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-III.C.) 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 6-11I.C.) Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly to the utility provider. BPHA will make utility reimbursements to the family. The PHA may make all utility reimbursement payments to qualifying families on a month basis or may make quarterly payments when the monthly reimbursement amount $15.00 or less. Reimbursements must be made once per calendar -year quarter and mu be prorated if the family leaves the program in advance of its next quarter, reimbursement. The PHA must also adopt hardship policies for families for who - receiving quarterly reimbursement would create a financial hardship. I 1201,111111ifin BPHA will issue all utility reimbursements monthly. 6-111111.113. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 140 of 539 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. Financial hardship includes these situations: (1) The family has lost eligibility for or is awaiting an eligibility determination for a Federal, State, or local assistance program, including a family that includes a 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; BPHA Policy 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 aw roved, or,(2)j the decision to den assistance. A family whose request for assistance is denied may request a hardship exemption based upon one of t�,e other -allowable hardship circumstances. (2) When the family would be evicted because it is unable to pay the minimum rent BPHA Poli 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 circumstances, including loss of employment. (4) A death has occurred in the family. BPHA Policv 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 141 of 539 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. r*1 BPHA 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. Example.� Impact of Minimum Rent Exemption Assume the PHA has established a minimum rent of $50. Family Share — No Hardship Family Share — With Hardship $ 0 30% of monthly adjusted income $ 0 30% of monthly adjusted income $15 10% of monthly gross income $15 10% of monthly gross income N/A Welfare rent N/A Welfare rent $50 Minimum rent $50 Minimum rent Minimum rent applies. Hardship exemption granted. TTP = $50 TTP = $15 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. BPHA will make the determination of hardship within 10 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. BPHA PolicV Baldwin Park Housing Authority Administrative Plan — June 2021 Page 142 of 539 BPHA 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. U��Mol 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. HUD requires the PHA to offer a reasonable repayment agreement, on terms and conditions established by the PHA. The PHA also may determine that circumstances have changed and the hardship is now a long-term hardship. BPHA Policy The BPHA will enter into a repayment agreement in accordance with the procedures found in Chapter 16 of this plan. If the responsible entity determines there is no qualifying financial hardship exemption, the responsible entity must reinstate the minimum rent, including back rent owed from the beginning of the suspension. The family must pay the back rent on terms and conditions established by the responsible entity. 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 $60/month 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 143 of 539 (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. The financial hardship exemption only applies to payment of the minimum rent (as determined pursuant to § 5.628(a)(4) and § 5.630), and not to the other elements used to calculate the total tenant payment (as determined pursuant to § 5.628(a)(1), (a)(2) and (a)(3))_ 6-III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505; 982.503(b)] 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 (13)], 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 FIVIR 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. 7-8]. Changes in Payment Standards When HUD updates its FIVIRs, the PHA must update its payment standards if the standards are no longer within the basic range [24 CFR 982.503(b)]. BPHA PolicV Payment standards are reviewed annually to confirm that they are within the basic range. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 144 of 539 Decreases [24 CFR 982.505 (3)] If a PHA changes its payment standard schedule, resulting in a lower payment standa amount, during the term of a HAP contract, the PHA is not required to reduce the payme standard used to calculate subsidy for families under HAP contract as long as the HA contract remains in effect [FR Notice 11/16/16]. 11 However, if the PHA does choose to reduce the payment standard for families current', t under HAP contract, the initial reduction to the payment standard may not be applied a earlier than the effective date of the family's second regular reexamination following t effective date of the decrease in the payment standard amount. At that point, the PH I may either reduce the payment standard to the current amount in effect on the PHA paoment tandard schedule, or maN reduce the ",yment standard to another amount th�] is higher than the normally applicable amount on the schedule. The PHA may a] establish different policies for designated areas within their jurisdiction (e.g., different code areas), payment standard within the designated area. BPHA Polic If the amount on the payment standard schedule is decreased during the term of the HAP contract, the lower payment standard amount generally must be used to calculate the monthly housing assistance payment for the family beginning at the effective date of the family's second regular reexamination following the effective date of the decrease in the payment standard amount. 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 G13, p. 7-8]� Changes in Family Unit Size (Voucher Size) Irrespective of any increase or decrease in the payment standard amount, if the family unit size increases or decreases during the HAP contract term, the new family unit size Baldwin Park Housing Authority Administrative Plan — June 2021 Page 145 of 539 must be used to determine the payment standard amount 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 of not more than 120 percent of the published FMR. 6-111111.11). APPLYING UTILITY ALLOWANCES [24 CFR 982.517] Overview A PHA -established utility allowance schedule is used in determining family share and PHA subsidy. A family's utility allowance is determined by the size of dwelling unit leased by a family or the voucher unit size for which the family qualifies using PHA subsidy standards, whichever is the lowest of the two [FR Notice 6/25/14]. See Chapter 5 for information on the PHA's subsidy standards. For policies on establishing and updating utility allowances, see Chapter 16. BPHA PolicV The utility allowance for a family shall be the lower of (1) The utility allowance amount for the family voucher size; or (2) the utility allowance amount for the actual unit size of the unit rented by the family. 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]. Imumm"100 Upon request of a family that includes a person with disabilities, the BPHA will approve a utility allowance higher than the applicable amount if such a higher utility allowance is needed as a reasonable accommodation in accordance with HUD's regulations in 24 CFR part 8 to make the program accessible to and usable by the family member with a disability. Utility Allowance Revisions At reexamination, the PHA must use the PHA current utility allowance schedule [HCV GB, p� 18-8]� Baldwin Park Housing Authority Administrative Plan — June 2021 Page 146 of 539 BPHA Policy Revised utility allowances will be applied to a family's rent and subsidy calculations at the first annual reexamination that is effective after the allowance is adopted. Revised Utility allowances will be used to calculate interims where the family's voucher size is revised. For changes in utility allowances see Chapter 11 111. B. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 147 of 539 EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS 24 CFR 5.609 (a) Annual income means all amounts, monetaty 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 148 of 539 (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: (A) Qualify as assistance under the TANF program definition at 45 CFR 260.311; and (13) 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 (13) 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) (9) For Section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, "financial assistance" does not include loan proceeds for the purpose of determining income. HHS DEFINITION OF "ASSISTANCE" 45 CFR: GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 260.31 - What does the term i6assistance" 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 Text of 45 CFR 260.31 follows. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 149 of 539 (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) Nonrecurring 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; (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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 150 of 539 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 Section 5.403; (6) Subject to paragraph (b)(9) of this section, 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); Baldwin Park Housing Authority (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; 0 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; Page 151 of 539 Administrative Plan — June 2021 (9) Temporary, nonrecurring or sporadic income (including gifts); (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, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or 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 Section 6-1.M for a list of benefits that qualify for this exclusion.] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 152 of 539 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 part 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 153 of 539 EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES 24 CFR 5.617 Self-sufficiency incentives for persons with disabilities— Disallowance of increase in annual income. (a) Applicable programs. The disallowance of earned 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. Baseline income, The annual income immediately prior to implementation of the disallowance described in paragraph (c) (1) of this section of a person with disabilities (who is a member of a qualified family). 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 154 of 539 (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. (2) Second twelve month exclusion and phase-in. Upon expiration of the 12 -month period defined in paragraph (c)(1) of this section and for the subsequent 12 -month period, the responsible entity must exclude from annual income of a qualified family at least 50 percent of any increase in income of such familymember as a result of employment over the family member's baseline income. (3) Maximum 2 -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) of this section is limited to a lifetime 24 - month period. The disallowance applies for a maximum of 12 months for disallowance under paragraph (c)(1) of this section and a maximum of 12 months for disallowance under paragraph (c)(2) of this section, during the 24 - month period starting from the initial exclusion under paragraph (c)(1) of this section. (4) Effect of changes on currently participating families. Families eligible for and participating in the disallowance of earned income under this section prior to May 9, 2016 will continue to be governed by this section in effect as it existed �mm&�- dr&(�e 24 CFR parts 0 to 199, revised as of April 1, 2016). (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). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 155 of 539 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 Section 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 benefits 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. (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 Section 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 156 of 539 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 Section 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. (2) Section 8 participant. A participant in the Section 8 tenant -based assistance program may request an informal hearing, in accordance with Section 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 income 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 157 of 539 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, or 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 158 of 539 Chapter 7 VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2018-18] 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 written authorization from the family in order 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 2018- 18 and any subsequent guidance issued by HUD. This chapter summarizes those requirements and provides supplementary PHA policies. Part I describes the general verification process. Part 11 provides more detailed requirements related to family information. Part III provides information on income and assets and Part IV covers mandatory deductions. 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 1. GENERAL VERIFICATION REQUIREMENTS 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230] 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 159 of 539 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 [Notice PIH 2018-18] HUD mandates the use of the EIV system and offers administrative guidance on the use of other methods to verify family information and specifies the circumstances in which each method will be used. In general HUD requires the PHA to use the most reliable form of verification that is available and to document the reasons when the PHA uses a lesser form of verification. BPHA PolicV In order of priority, the forms of verification that BPHA will use are: Up -front Income Verification (UIV) using HUD's Enterprise Income Verification (EIV) system Up -front Income Verification (UIV) using a non -HUD system Written Third -Party Verification Written Third -party Verification Form Oral Third -party Verification Self -Certification Each of the verification methods is discussed in subsequent Sections below. Requirements for Acceptable Documents Imummagm 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 BPHA. The documents must not be damaged, altered or in any way illegible. Print-outs from Web pages are considered original documents. BPHA staff member who views the original document must make a photocopy. Any family self -certifications must be made in a format acceptable to BPHA and must be signed in the presence of a BPHA representative or a licensed notary public. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 160 of 539 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. BPHA PolicV BPHA will document, in the family file, the following: • Reported family annual income • Value of assets • Expenses related to deductions from annual income 0- Other factors influencing adjusted income When the PHA is unable to obtain third -party verification, the PHA will document in the family file the reason that third -party verification was not available [24 CFR 982.516(a)(2); Notice PIH 2018-18]. 7-I.C. 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. There may be legitimate differences between the information provided by the family and UIV-generated information. If the family disputes the accuracy of UIV data, no adverse action can be taken 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. See Chapter 6 for the PHA's policy on the use of UIV/EIV to project annual income. Upfront Income Verification Using HUD's Enterprise Income Verification (EIV) System (Mandatory) PHAs must use HUD's EIV system in its entirety as a third -party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income in accordance with 24 CFR 5.236 and administrative guidance issued by HUD. The EIV system contains data showing earned income, unemployment benefits, social security benefits, and SSI benefits for participant families. The following policies apply to the use of HUD's EIV system. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 161 of 539 EIV Income and IVT Reports The data shown on income and income validation tool (IVT) reports is updated quarterly. Data may be between 3 and 6 months old at the time reports are generated. BPHA Policy BPHA will obtain income and IVT reports for annual reexaminations on a monthly basis. Reports will be generated as part of the regular reexamination process. Income and 1VT reports will be compared to family -provided information as part of the annual reexamination process. Income reports may be used in the calculation of annual income, as described in Chapter 6-I.C. Income reports may also be used to meet the regulatory requirement for third party verification, as described above. Policies for resolving discrepancies between income reports and family -provided information will be resolved as described in Chapter 6-I.C. and in this chapter. Income and IVT reports may be used in interim reexaminations to identify any discrepancies between reported income and income shown in the EIV system, and as necessary to verify and calculate earned income, unemployment benefits, Social Security and/or SSI benefits. EIV will also be used to verify that families claiming zero income are not receiving income from any of these sources. Income and 1VT reports will be retained in participant files with the applicable annual or interim reexamination documents. When BPHA determines through EIV 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. 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. PHAs are required to use EIV's Identity Verification Report on a monthly basis to improve the availability of income information in EIV [Notice PIH 2018-18]. When identity verification for a participant fails, a message will be displayed within the EIV system and no income information will be displayed. BPHA Polic BPHA will identify participants whose identity verification has failed by reviewing EIV's Identity Verification Report on a monthly basis. BPHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate documentation from the participant. When BPHA determines that discrepancies exist due to BPHA errors such as spelling errors or incorrect birth dates, the errors will be corrected promptly. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 162 of 539 Upfront Income Verification Using Non -HUD Systems (Optional) In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other upfront verification sources. BPHA Policy BPHA will inform all applicants and participants of its use of the following UIV resources during the admission and reexamination process: HUD's EIV system HUD's current verification hierarchy defines two types of written third -party verification. The more preferable form, "written third -party verification," consists of an original document generated by a third -party source, which may be received directly from a third -party source. If written third -party verification is not available, the PHA must attempt to obtain a "written third -party verification form." This is a standardized form used to collect information from a third party. Written Third -Party Verification [Notice PIH 2018-18] Written third -party verification documents must be original and authentic and may be supplied by the family or received from a third -party source. Examples of acceptable tenant -provided documents include, but are not limited to: pay stubs, payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefit notices. The PHA is required to obtain, at minimum, two current and consecutive pay stubs for determining annual income from wages. The PHA may reject documentation provided by the family if the document is not an original, if the document appears to be forged, or if the document is altered, mutilated, or illegible. BPHA Polic Third -party documents provided by the family must be dated within 60 days of BPHA request date. If BPHA determines that third -party documents provided by the family are not acceptable, the PHA will explain the reason to the family and request additional documentation. As verification of earned income, BPHA will require the family to provide the last six (6) most current, consecutive pay stubs. For Annual Reexams prior to May of each year, current income taxes must be submitted no later than April 15. For any other Annual Reexam, income taxes may be provided at time of Annual Reexam appointment. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 163 of 539 Written Third -Party Verification Form When upfront verification is not available and the family is unable to provide written third -party documents, the PHA must request a written third -party verification form. HUD's position is that this traditional third -party verification method presents administrative burdens and risks which may be reduced through the use of family - provided third -party documents. PHAs may mail, fax, or e-mail third -party written verification form requests to third - party sources. BPHA PolicV BPHA will send third -party verification forms directly to the third party. Third -party verification forms will be sent when third -party verification documents are unavailable or are rejected by BPHA. Oral Third -Party Verification [Notice P11H 2018-18] For third -party oral verification, PHAs contact sources, identified by UIV techniques or by the family, by telephone or in person. Oral third -party verification is mandatory if neither form of written third -party verification is available. Third -party oral verification may be used when requests for written third -party verification forms have not been returned within a reasonable time—e.g. 10 business days. PHAs should document in the file the date and time of the telephone call or visit, the name of the person contacted, the telephone number, as well as the information confirmed. Emma= In collecting 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 BPHA will accept the verbal response as oral verification but will also request that the source complete and return any verification forms that were provided. Oral third party verification may also be used to verify third party written verification forms submitted to BPHA. When Third -Party Verification is Not Required [Notice P11H 2018-18] Third -party verification may not be available in all situations. HUD has acknowledged that it may not be cost-effective or reasonable to obtain third -party Baldwin Park Housing Authority Administrative Plan — June 2021 Page 164 of 539 verification of income, assets, or expenses when these items would have a minimal impact on the family's total tenant payment. Imummagm If the family cannot provide original documents, BPHA 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 as 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]. 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. Imputed Assets HUD permits PHAs to accept a self -certification from a family as verification of assets disposed of for less than fair market value [HCV GB, p. 5-28]. BPHA PolicV BPHA will accept a self -certification from a family as verification of assets disposed of for less than fair market value. To be reviewed on a case-by- case basis. For families with net assets totaling $5,000 or less, the PHA may accept the family's declaration of asset value and anticipated asset income. However, the PHA is required to obtain third -party verification of all assets regardless of the amount during the intake process and at least every three years thereafter. BPHA PLolicy For families with net assets totaling $5,000 or less, BPHA may accept the family's self -certification of the value of family assets and anticipated asset income when applicable. The family's declaration must show each asset and the amount of income expected from that asset. All family members 18 years of age and older must sign the family's declaration. The PHA will use third -party documentation for assets as part of the intake process and whenever a family member is added to verify the individual's assets. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 165 of 539 7-I.E. SELF -CERTIFICATION When HUD requires third -party verification, self -certification or "tenant declaration," is used as a last resort when the PHA is unable to obtain third -party verification, F A source of income is fully excluded : -- Net family assets total $5,000 or less and the PHA has adopted a policy to accept self -certification at annual recertification, when applicable - The PHA has adopted a policy to implement streamlined annual recertifications for fixed sources of income (See Chapter 11) When the PHA was required to obtain third -party verification but instead relies on a tenant declaration for verification of income, assets, or expenses, the family's file must be documented to explain why third -party verification was not available. BPHA PolicV 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 BPHA. BPHA 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 BPHA 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 BPHA representative or licensed notary public. PART II. VERIFYING FAMILY INFORMATION 7-II.A. VERIFICATION OF LEGAL IDENTITY BPHA PolicV BPHA 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 Custody agreement Baldwin Park Housing Authority Administrative Plan — June 2021 Page 166 of 539 Current, valid driver's license or Department of Motor Vehicles identification card U.S. military discharge (DD 214) Current U.S. passport Current government employer identification card with picture Health and Human Services ID Certified school records If a document submitted by a family is illegible for any reason or otherwise questionable, more than one of these documents may be required. If none of these documents can be provided a certification must be provided in a format acceptable to the PHA and be signed in the presence of a PHA representative or PHA notary public. Legal identity will be verified for all applicants at the time of eligibility determination and in cases where the PHA has reason to doubt the identity of a person representing him or herself to be a participant. 7-11I.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2018-24] The family must provide documentation of a valid social security number (SSN) for each member of the household, with the exception of individuals who do not contend eligible immigration status. Exemptions also include, existing program participants who were at least 62 years of age as of January 31, 2010, and had not previously disclosed an SSN. Note that an individual who previously declared to have eligible immigration status may not change his or her declaration for the purpose of avoiding compliance with the SSN disclosure and documentation requirements or penalties associated with noncompliance with these requirements. Nor may the head of household opt to remove a household member from the family composition for this purpose. The PHA must accept the following documentation as acceptable evidence of the social security number: An original SSN card issued by the Social Security Administration (SSA) An original SSA -issued document, which contains the name and SSN of the individual An original document issued by a federal, state, or local government agency, which contains the name and SSN of the individual The PHA may only reject documentation of an SSN provided by an applicant or participant if the document is not an original document or if the original document has been altered, mutilated, is illegible, or appears to be forged. Imummagm Baldwin Park Housing Authority Administrative Plan — June 2021 Page 167 of 539 BPHA will explain to the applicant or participant the reasons the document is not acceptable and request that the individual obtain and submit acceptable documentation of the SSN to BPHA within 90 days. In the case of Moderate Rehabilitation Single Room Occupancy (SRO) individuals, the required documentation must be provided within 90 calendar days from the date of admission into the program. The PHA must grant one additional 90 -day extension if it determines that the applicant's failure to comply was due to circumstances that were beyond the applicant's control and could not have been reasonably foreseen. BPHA will grant one additional 90 -day extension if needed for reasons beyond the participant's control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency, If the individual fails to comply with SSN disclosure and documentation requirements upon expiration of the provided time period, BPHA will terminate the individual's assistance. If an applicant family includes a child under 6 years of age who joined the household within the 6 months prior to the date of voucher issuance, an otherwise eligible family may be admitted to the program and the family must provide documentation of the child's SSN within 90 days of the effective date of the initial HAP contract. A 90 -day extension will be granted if the PHA determines that the participant's failure to comply was due to unforeseen circumstances and was outside of the participant's control. BPHA will grant one additional 90 -day extension if needed for reasons beyo the applicant's control, such as delayed processing of the SSN application the SSA, natural disaster, fire, death in the family, or other emergency. I When a participant requests to add a new household member who is at least 6 years of age, or who is under the age of 6 and has an SSN, the participant must provide the complete and accurate SSN assigned to each new member at the time of reexamination or recertification, in addition to the documentation required to verify it. The PHA may not add the new household member until such documentation is provided. When a participant requests to add a new household member who is under the age of 6 and has not been assigned an SSN, the participant must provide the SSN assigned to each new child and the required documentation within 90 calendar days of the child being added to the household. A 90 -day extension will be granted if the PHA determines that the participant's failure to comply was due to unforeseen circumstances and was outside of the participant's control. During the period the PHA is awaiting documentation of the SSN, the child will be counted as part of the assisted household. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 168 of 539 IgNmulaWA BPHA will grant one additional 90 -day extension if needed for reasons beyond the participant's control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. Social security numbers must be verified only once during continuously -assisted occupancy. mamnu= BPHA will verify each disclosed SSN by: Obtaining documentation from applicants and participants that is acceptable as evidence of social security numbers Making a copy of the original documentation submitted, returning it to the individual, and retaining a copy in the file folder Once the individual's verification status is classified as "verified," the PHA may, at its discretion, remove and destroy copies of documentation accepted as evidence of social security numbers. The retention of the EIV Summary Report or Income Report is adequate documentation of an individual's SSN. mamng= Once an individual's status is classified as "verified" in HUD's EIV system, BPHA will remove and destroy copies of documentation accepted as evidence of social security numbers. WIXOM Di8ifill Ji 1:4 z I IF -All greTilre-TWTIC15 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. BPHA PolicV If an official record of birth or evidence of social security retirement benefits cannot be provided, BPHA 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. 7-1111.11). 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. MEMO= Baldwin Park Housing Authority Administrative Plan — June 2021 Page 169 of 539 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 Imumum;= A marriage certificate is required to verify that a couple is married. Separation or Divorce BPHA Polic Certification by the head of household is normally sufficient verification. If BPHA has reasonable doubts about a separation or divorce, BPHA will require the family to provide documentation of the divorce, or separation. Absence of Adult Member BPHA Policy If an adult member who was formerly a member of the household is reported to be permanently absent, BPHA may request the family to submit evidence supporting that the person is no longer residing in the assisted unit (e.g., documentation of another address at which the person resides such as a lease or utility bill). The family is also required to obtain and submit to BPHA a certification/letter from the property owner acknowledging/approving the changes to the family composition at the assisted unit. Foster Children and Foster Adults mama= Third -party verification from the state or local government agency responsible for the placement of the individual with the family is required. 7-11I.E. VERIFICATION OF STUDENT STATUS General Requirements ICTNOWT-11291UWA BPHA requires 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 reports full-time student status for an adult other than the head, spouse, or co-head. The family reports child care expenses to enable a family member to further his or her education. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 170 of 539 The family includes a student enrolled in an institution of higher education. A student verification form is provided during the annual reexam appointment informing the households to submit current full-time student status for each quarter or semester. The student verification form must be submitted if the household wishes to continue to receive allowance; otherwise, an interim reexam will be completed to remove the allowance effective the following month the form expires or after household fails to submit a current form. Restrictions on Assistance to Students Enrolled in Institutions of Higher Education This section applies only to students who are seeking assistance on their own, separately from their parents. It does not apply to students residing with parents who are seeking or receiving HCV assistance. MMMM In accordance with the verification hierarchy described in Section 7-1.13, BPHA will determine whether the student is exempt from the restrictions in 24 CFR 5.612 by verifying any one of the following exemption criteria: The student is enrolled at an educational institution that does not meet the definition of institution of higher education in the Higher Education Act of 1965 (see Exhibit 3-2). The student is at least 24 years old. The student is a veteran, as defined in Section 3-II.E. The student is married. The student has at least one dependent child, as defined in Section 3-11. E. The student is a person with disabilities, as defined in Section 3-ILE, and was receiving assistance prior to November 30, 2005. If the PHA cannot verify at least one of these exemption criteria, the PHA will conclude that the student is subject to the restrictions on assistance at 24 CFR 5.612. In addition to verifying the student's income eligibility, the PHA will then proceed to verify either the student's parents' income eligibility (see Section 7-11U) or the student's independence from his/her parents (see below). Independent Student IIMMIM�M Baldwin Park Housing Authority Administrative Plan — June 2021 Page 171 of 539 BPHA will verify a student's independence from his/her parents to determine that the student's parents' income is not relevant for determining the student's eligibility by doing all of the following: Either reviewing and verifying previous address information to determine whether the student has established a household separate from his/her parents for at least one year or reviewing and verifying documentation relevant to determining whether the student meets the U.S. Department of Education's definition of independent student (see Section 3-11. E) Reviewing the student's prior year income tax returns to verify the student is independent or verifying the student meets the U.S. Department of Education's definition of independent student (see section 3-11.E) Requesting and obtaining written certification directly from the student's parents identifying the amount of support they will be providing to the student, even if the amount of support is $0, except in cases in which the PHA determines that the student is a vulnerable youth (see section 3-11.E). 7-11I.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 http://www.hhs.gov/ocr/privac . 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 • Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance Baldwin Park Housing Authority Administrative Plan — June 2021 Page 172 of 539 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. 23]. Igumumgm For family members claiming disability who receive disability benefits from the SSA, BPHA will attempt to obtain information about disability benefits through the HUD Enterprise Income Verification (EIV) system. If documentation from HUD's EIV System is not available, BPHA 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), BPHA 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 BPHA. 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 5.403. Emma= 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. 7-11I.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 requirement. 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)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 173 of 539 U.S. Citizens and Nationals HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The declaration must be signed personally by any family member 18 or older and by a guardian for minors. The PHA may request verification of the declaration by requiring presentation of a birth certificate, United States passport or other appropriate documentation. Imummagm Family members who claim U.S. citizenship or national status will be required to provide additional 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 7-1 at the end of this chapter summarizes documents family members must provide. PHA Verification [HCV GIB, pp. 5-3 and 5-7] For family members ages 62 or older who claim to be eligible immigrants, a signed declaration of eligible immigration status and proof of age document is required. No further verification of eligible immigration status is required. 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. In addition, further verification may include the use of the INS automated system; Systematic Alien Verification For Entitlements (SAVE). 7-II.H. VERIFICATION OF PREFERENCE STATUS The PHA must verify any preferences claimed by an applicant that determined placement on the waiting list. PART 111. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 174 of 539 policies that supplement the general verification procedures specified in Part I of this chapter. 7-1111I.A. EARNED INCOME Tips BPHA Policy Unless tip income is included in a family member's W-2 by the employer, persons who work in industries where tips are standard will be required to sign a certified estimate of tips received for the prior year and tips anticipated to be received in the coming year. Wages MzMWM=A For wages other than tips, the family must provide the last six (6) pay stubs in consecutive order. 7-III.B. BUSINESS AND SELF-EMPLOYMENT INCOME Eamon= Business owners and self-employed persons will be required to provide: If an audit was conducted, provide an audited financial statement for the previous fiscal year. 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. BPHA 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, BPHA 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 BPHA will accept the family member's certified estimate of income and schedule an interim reexamination in three (3) months. If the family member Baldwin Park Housing Authority Administrative Plan — June 2021 Page 175 of 539 has been self-employed for three (3) to twelve (12) months BPHA 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 For policies governing streamlined income determinations for fixed sources of income, please see Chapter 11. Social Security/SSI Benefits Emma= To verify the SS/SSI benefits of applicants, BPHA 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), BPHA will help the applicant request a benefit verification letter from SSA's Web site at www.ssa.gov or ask the family to request one by calling SSA at 1-800-772-1213. Once the applicant has received the benefit verification letter they will be required to provide it to BPHA. To verify the SS/SSI benefits of participants, BPHA will obtain information about social security/SS1 benefits through the HUD EIV System, and confirm with the participant(s) that the current listed benefit amount is correct. If the participant disputes the EIV -reported benefit amount, or if benefit information is not available in HUD systems, BPHA 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) BPHA will help the participant request a benefit verification letter from SSA's Web site at www.ssa.gov or ask the family to request one by calling SSA at 1-800-772-1213. Once the participant has received the benefit verification letter they will be required to provide it to BPHA. 7-III.D. ALIMONY OR CHILD SUPPORT Nammu=A The methods BPHA will use to verify alimony and child support payments differ depending on whether the family declares that it receives regular payments. If the family declares that it receives regular payments, verification will be obtained in the following order of priority: Copies of the receipts and/or payment stubs for the 60 days prior to PHA request Third -party verification form from the state or local child support enforcement agency Baldwin Park Housing Authority Administrative Plan — June 2021 Page 176 of 539 Third -party verification form from the person paying the support Family's self -certification of amount 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 is acceptable. Note: In an effort to provide families with obtaining all source of income available, families are required to take independent action or action through child support enforcement agency. BPHA understands extenuating circumstances may exist, for example, cases of domestic violence. Therefore, families with extenuating circumstances requesting a waiver from taking required actions for child support will be accepted and approved on case-by-case basis. 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]. mzz�M BPHA will verify the value of assets disposed of only if: BPHA 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. 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 1/4 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 177 of 539 7-III.F. NET INCOME FROM RENTAL PROPERTY 1 -.1 U E rn ;= 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, BPHA 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-III.G. RETIREMENT ACCOUNTS MEMO= BPHA will accept written third -party documents supplied by the family as evidence of the status of retirement accounts. The type of original document that will be accepted depends upon the family member's retirement status. Before retirement, BPHA 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, BPHA 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. After retirement, BPHA 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. 7-111111.11-11. INCOME FROM EXCLUDED SOURCES A detailed discussion of excluded income is provided in Chapter 6, Part 1. HUD guidance on verification of excluded income draws a distinction between income which is fully excluded and income which is only partially excluded. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 178 of 539 For fully excluded income, the PHA is not required to follow the verification hierarchy, document why third -party verification is not available, or report the income on the 50058. Fully excluded income is defined as income that is entirely excluded from the annual income determination (for example, food stamps, earned income of a minor, or foster care funds) [Notice PIH 2013-04]. PHAs may accept a family's signed application or reexamination form as self - certification of fully excluded income. They do not have to require additional documentation. However, if there is any doubt that a source of income qualifies for full exclusion, PHAs have the option of requiring additional verification. For partially excluded income, the PHA is required to follow the verification hierarchy and all applicable regulations, and to report the income on the 50058. Partially excluded income is defined as income where only a certain portion of what is reported by the family qualifies to be excluded and the remainder is included in annual income (for example, the income of an adult full-time student, or income excluded under the earned income disallowance). BPHA Policy BPHA will accept the family's self -certification as verification of fully excluded income. BPHA may request additional documentation if necessary to document the income source. BPHA will verify the source and amount of partially excluded income as described in Part 1 of this chapter. 7-111.1. ZERO ANNUAL INCOME STATUS BPHA Policy BPHA will check UIV sources and/or request information from third -party sources to verify that certain forms of income such as unemployment benefits, TANF, SS, SSI, and earnings are not being received by families claiming to have zero annual income. BPHA will also require tenant's make attempts to obtain available source of income when possible. 7-1111I.J. STUDENT FINANCIAL ASSISTANCE [Notice PIH 2015-21] Any financial assistance, in excess of amounts received for tuition, fees, and other required charges that a person attending an institution of higher education receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education must be considered income unless the student is over the age of 23 with dependent children or is residing with parents who are seeking or receiving HCV assistance [24 CFR 5.609(b)(9) and FR 4/10/06]. For students over the age of 23 with dependent children or students residing with parents who are seeking or receiving HCV assistance, the full amount of student financial assistance is excluded from annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for students attending schools that do not qualify as institutions of higher education (as defined in Exhibit 3-2). Excluded amounts are verified only if, without verification, the PHA would not Baldwin Park Housing Authority Administrative Plan — June 2021 Page 179 of 539 be able to determine whether or to what extent the income is to be excluded (see Section 7-III.H). Imumum= For a student subject to having a portion of his/her student financial assistance included in annual income in accordance with 24 CFR 5.609(b)(9), BPHA will request written third -party verification of both the source and the amount. Family -provided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student. In addition, BPHA will request written verification of the student's tuition, fees, and other required charges. If BPHA is unable to obtain third -party written verification of the requested information, BPHA will pursue other forms of verification following the verification hierarchy in Section 7-I.B. 7-III.K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBILITY RESTRICTIONS If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the income of the student's parents must be considered when determining income eligibility, unless the student is determined independent from his or her parents or a vulnerable youth in accordance with PHA Policy [24 CFR 5.612 and FR 4/10/06, p. 18146 and FR Notice 9/21/16]. This provision does not apply to students residing with parents who are seeking or receiving HCV assistance. It is limited to students who are seeking or receiving assistance on their own, separately from their parents. Emma= If BPHA is required to determine the income eligibility of a student's parents, BPHA will request an income declaration and certification of income from the appropriate parent(s) (as determined in Section 3-II.E). BPHA will send the request directly to the parents, who will be required to certify to their income under penalty of perjury. The parents will be required to submit the information directly to BPHA. The required information must be submitted (postmarked) within 10 business days of the date of BPHA's request or within any extended time frame approved by BPHA. BPHA reserves the right to request and review supporting documentation at any time if it questions the declaration or certification. Supporting documentation may include, but is not limited to, Internal Revenue Service Baldwin Park Housing Authority Administrative Plan — June 2021 Page 180 of 539 (IRS) tax returns, consecutive and original pay stubs, bank statements, pension benefit statements, benefit award letters, and other official and authentic documents from a federal, state, or local agency. PART IV. VERIFYING MANDATORY DEDUCTIONS 7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS The dependent and elderly/d isa bled 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-II.B.) for a full discussion of this deduction. The PHA must verify that: • Any person under the age of 18 for whom the dependent deduction is claimed is not the head, spouse, or co-head of the family and is not a foster child • 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 must verify that the head, spouse, or co-head 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 Section 6-II.D. The amount of the deduction will be verified following the standard verification procedures described in Part 1. Amount of Expense Emma= Medical expenses will be verified through: Written third -party documents provided by the family, such as pharmacy printouts or receipts. BPHA will make a best effort to determine what expenses from the past are likely to continue to occur in the future. BPHA will also accept evidence of monthly payments or total payments that will be due for medical expenses during the upcoming 12 months. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 181 of 539 Written third -party verification forms, if the family is unable to provide acceptable documentation. If third -party or document certification as to costs upcoming 12 months. In addition, the PHA must verify that: review is not possible, written family anticipated to be incurred during the 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 Eligible Household The medical expense deduction is permitted only for households in which the head, spouse, or co-head is at least 62, or a person with disabilities. The PHA must 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. BPHA PolicV The family will be required to certify that the medical expenses are not paid or reimbursed to the family from any source. If expenses are verified through a third party, the third party must certify that the expenses are not paid or reimbursed from any other source. Expenses Incurred in Past Years BPHA Polic When anticipated costs are related to on-going payment of medical bills incurred in past years, BPHA 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 182 of 539 Policies related to disability assistance expenses are found in Section 6-II.E. The amount of the deduction will be verified following the standard verification procedures described in Part 1. Amount of Expense Attendant Care BPHA PolicV BPHA will accept written third -party documents provided by the family. If family -provided documents are not available, BPHA will provide a third - party verification form directly to the care provider requesting the needed information. Expenses for attendant care will be verified through: Written third -party documents provided by the family, such as receipts or cancelled checks. Third -party verification form signed by the provider if family -provided documents are not available. If third -party verification is not possible, written family certification as to costs anticipated to be incurred for the upcoming 12 months. Auxiliary Apparatus mzz�M Expenses for auxiliary apparatus will be verified through: Written third -party documents provided by the family, such as 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 Third -party verification form signed by the provider, if family - provided documents are not available. If third -party verification 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 Section 7-ILF above). • The expense permits a family member, or members, to work (as described in Section 6-II.E.). • The expense is not reimbursed from another source (as described in Section 6-11. E.). Family Member is a Person with Disabilities Baldwin Park Housing Authority Administrative Plan — June 2021 Page 183 of 539 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 Section 7-11.17). 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. BPHA Policy BPHA will request 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 Section 6-II.E). This documentation may be provided by the family. If third -party 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. 11,19OWT-111=5 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 (Section 6-11fl. 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 (12 or younger) • The costs claimed are not reimbursed • The costs enable a family member to work, actively seek work, or further their education • The costs are for an allowable type of childcare • The costs are reasonable Eligible Child Baldwin Park Housing Authority Administrative Plan — June 2021 Page 184 of 539 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 Section 7-II.C.). Unreimbursed Expense To be eligible for the childcare deduction, the costs must not be reimbursed by another source. BPHA Polic The family (and the care provider) 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. BPHA Polic Information to be gathered BPHA 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, BPHA will use documentation from a state or local agency that monitors work-related requirements (e.g., welfare or unemployment). In such cases BPHA will request family -provided verification from the agency of the member's job seeking efforts to date and require the family to submit to BPHA any reports provided to the other agency. In the event third -party verification is not available, BPHA will provide the family with a form on which the family member must record job search efforts. BPHA will review this information at each subsequent reexamination for which this deduction is claimed. Furthering Education BPHA will request third -party documentation to 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. The documentation may be provided by the family. Gainful Employment Baldwin Park Housing Authority Administrative Plan — June 2021 Page 185 of 539 BPHA will seek third -party verification 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. The documentation may be provided by the family. 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. MIMMUM BPHA will verify that the type of child care selected by the family is allowable, as described in Chapter 6 (Section 6-11.17). BPHA will verify that the fees paid to the childcare provider cover only childcare 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). Supporting documentation is required, including BPHA Childcare Certification form and 3 months payments receipts. BPHA 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. Reasonableness of Expenses Only reasonable childcare costs can be deducted. MIMMUM The actual costs the family incurs will be compared with BPHA'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, BPHA will request additional documentation, as required, to support a determination that the higher cost is appropriate. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 186 of 539 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-10] 0 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 must also 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 must also 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 • "Section 208" or "Asylum" application is filed on or after • "Section 243(h)" or "Deportation 10/1/90) or from a USCIS district stayed by Attorney General" director granting asylum (application filed before 10/1/90); • "Paroled Pursuant to Section 221 (d)(5) of the USCIS" A court decision granting withholding of deportation; or A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1/90) • Form 1-688 Temporary Resident Card Form 1-688B Employment Authorization annotated "Section 245A" or Section Card annotated "Provision of Law 274a. 210". 12(l 1)" or "Provision of Law 274a. 12". Baldwin Park Housing Authority Administrative Plan — June 2021 Page 187 of 539 A receipt issued by the USCIS indicating that an application for issuance of a replacement document in one of the above listed 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. 0 BPHA may also use the Systematic Alien Verification for Entitlements (SAVE) system to verify a person's immigration status. The SAVE system provides the Alien Registration Number, Verification Number, First Name, Last Name and Immigration Status messages. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 188 of 539 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. All units must pass an HQS inspection prior to the approval of a lease and at least once every 24 months during the term of the contract, and at other times as needed, to determine that the unit meets HQS. HUD also requires PHAs to determine that rents for units under the program are reasonable when compared to comparable unassisted units in the market area. Effective July 1, 2014, PHAs may establish a policy for performing unit inspections biennially rather than annually. This policy could apply to some or all assisted units. PHAs still have the option to inspect every unit annually. See Section 8-II.G for further details. This chapter explains HUD and PHA requirements related to housing quality and rent reasonableness as follows: Part 1. 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 11. 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 111. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 189 of 539 PART 1: 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: 0 Sanitary facilities 0 Food preparation and refuse disposal 0 Space and Security 0 Thermal Environment 0 Illumination and electricity 0 Structure and materials 0 Interior Air Quality 0 Water Supply 0 Lead-based paint 0 Access 0 Site and neighborhood 0 Sanitary condition 0 Smoke Detectors A summary of HUD performance criteria is provided in Exhibit 8-1. Additional guidance on these requirements is found in the following HUD resources: 0 Housing Choice Voucher Guidebook, Chapter 10. 0 HUD Housing Inspection Manual for Section 8 Housing 0 HUD Inspection Form, Form HUD -52580 (3/01) and Inspection Checklist, Form HUD -52580-A (9/00) 0 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 recognizes that certain judgments about the acceptability of the unit are 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 appearance of the facilities is acceptable. Exhibit 8-2 summarizes those items that are considered tenant preferences. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 190 of 539 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. MNMMB=A Any owner that intends to negotiate a restoration agreement or require an escrow account must submit the agreement(s) to BPHA for review. 8.11.13. ADDITIONAL LOCAL REQUIREMENTS The PHA may impose variations to the HQS as long as the additional criteria are not likely to adversely affect the health or safety of participant families or severely restrict housing choices for families. HUD approval is required for variations to the HQS. HUD approval is not required if the variations are clarifications of HUD's acceptability criteria or performance standards [24 CFR 982.401 (a)(4)]. MINN111M The property must meet State and Local Codes. Thermal Environment [HCV GB p.10-7] The PHA must define a "healthy living environment" for the local climate. This may be done by establishing a temperature that the heating system must be capable of maintaining, that is appropriate for the local climate. Nammu=A The heating system must be capable of maintaining an interior temperature of 65 degrees Fahrenheit between October 1 and May 1. Clarifications of HUD Requirements Nammu=A As permitted by HUD, BPHA has adopted the following specific requirements that elaborate on HUD standards. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 191 of 539 Walls In areas where plaster or drywall is sagging, severely cracked, or otherwise damaged, it must be repaired or replaced. 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 that are accessible from the outside (ie; basement, first floor and fire escape) must be lockable. Windows must be weather-stripped as needed to ensure a weather- tight seal. Window screens must be in good condition throughout occupancy (applies only if screens are present). 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. Deadbolt locks must be single cylinder -type only on exterior doors. All interior doors must have no holes, have all trim intact, and be openable without the use of a key. Garage doors must be lockable, have no holes, have all trim intact, in good operable condition and in compliance with safety building codes. Floors All wood floors must be sanded to a smooth surface and sealed. Any loose or warped boards must be secured and made level. If they cannot be leveled, they must be replaced. All floors must be in a finished state. Raw wood or unsealed concrete is not permitted. All floors should have some type of base shoe, trim, or sealing for a "finished look." Vinyl base shoe is permitted. Carpets must be in good repair. Must be free of safety hazards (ie; loose, torn, ripped or buckling) Sinks All sinks and commode water lines must have shut off valves, unless faucets are wall mounted. All sinks must have functioning stoppers. Garbage disposals must be in operable condition —if present Baldwin Park Housing Authority Administrative Plan — June 2021 Page 192 of 539 Toilets All worn or cracked toilet seats and tank lids must be replaced and toilet tank lid must fit properly. Loose toilets must by secured and sealed. 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. All exit doors or windows must be accessible at all times. Must not be blocked or have a lock that requires special device or key to unlock. 8.I.C. LIFE-THREATENING CONDITIONS [24 CFR 982.404(a)] FR Notice 1/18/17] 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. BPHA Polic 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 failing Natural or LP gas or fuel oil leaks A fuel storage vessel, fluid line, valve, or connection that supplies fuel to a HVAC unit is leaking or a strong odor is detected with potential for explosion or fire or that results in a health risk if inhaled Any electrical problem or condition that could result in shock or fire A light fixture is readily accessible, is not securely mounted to the ceiling or wall, and electrical connections or wires are exposed A light fixture is hanging by its wires A light fixture has a missing or broken bulb, and the open socket is readily accessible to the tenant during the day-to-day use of the unit A receptacle (outlet) or switch is missing or broken and electrical connections or wires are exposed An open circuit breaker position is not appropriately blanked off in a panel board, main panel board, or other electrical box that contains circuit breakers or fuses Baldwin Park Housing Authority Administrative Plan — June 2021 Page 193 of 539 A cover is missing from any electrical device box, panel box, switch gear box, control panel, etc., and there are exposed electrical connections Any nicks, abrasions, or fraying of the insulation that exposes conducting wire Exposed bare wires or electrical connections Any condition that results in openings in electrical panels or electrical control device enclosures Water leaking or pending near any electrical device Any condition that poses a serious risk of electrocution or fire and poses an immediate life-threatening condition Absence of a working heating system when outside temperature is below 60 degrees Fahrenheit 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 Any components that affect the function of the fire escape are missing or damaged Stored items or other barriers restrict or prevent the use of the fire escape in the event of an emergency The building's emergency exit is blocked or impeded, thus limiting the ability of occupants to exit in a fire or other emergency Absence of a functioning toilet in the unit Inoperable smoke and carbon monoxide detectors Broken glass where someone could be injured Missing or inoperable carbon monoxide detector Missing, damaged, discharged, overcharged, or expired fire extinguisher (where required) Gas/oil-fired water heater or heating, ventilation, or cooling system with missing, damaged, improper, or misaligned chimney venting The chimney or venting system on a fule-fired water heater is misaligned, negatively pitched, or damaged, which may cause improper or dangerous venting or gases A gas dryer vent is missing, damaged, or is visually determined to be inoperable, or the dryer exhaust is not vented to the outside A fuel -fired space heater is not properly vented or lacks available combustion air A non -vented space heater is present Baldwin Park Housing Authority Administrative Plan — June 2021 Page 194 of 539 Safety devices on a fuel -fired space heater are missing or damaged The chimney or venting system on a fuel -fired heating, ventilation, or cooling system is misaligned, negatively pitched, or damaged, which may cause improper or dangerous venting of gas Deteriorating paint as defined at 24 CFR 35�11 10 in a unit built before 1978 that is to be occupied by a family with a child under six years if it would prevent the family from moving into the unit If an owner fails to correct life-threatening conditions as required by the PHA, the PHA will enforce the HQS in accordance with HUD requirements (see Section 8 - II -G). If a family fails to correct a family -caused life-threatening condition as required by the PHA, the PHA will enforce the family obligations (see Section 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 982.404] Family Responsibilities The family is responsible for correcting the following HQS deficiencies: * Tenant -paid utilities not in service 0 Failure to provide or maintain appliances owned by the family Damage to the unit or premises caused by a household member or guest beyond normal wear and tear that result in a breach of the HQS. "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 and roaches infestation). However, if the family's actions constitute a serious or repeated lease violation the owner may take legal action to evict the family. 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. 8 -I -E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL [24 CFR 35.1225; FR Notice 1/13/17; Notice PIH 2017-13] 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 elevated blood lead level, the PHA must complete an environmental investigation of the dwelling unit within 15 calendar days after being notified by a public health department or other Baldwin Park Housing Authority Administrative Plan — June 2021 Page 195 of 539 medical health care provider, The environmental investigation must be completed in accordance with program requirements, and the result of the environmental investigation 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 environmental investigation 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 35.1330; 40 CFR 745227]. 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 8-11. G. PHA reporting requirements, and data collection and record keeping responsibilities related to children with an elevated blood lead level are discussed in Chapter 16. 8-11-F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.401, 24 CFR 982.403] A dwelling unit must: 0 Provide adequate space and security for the family 0 Have at least one bedroom or living/sleeping room for each two persons A unit that does not meet these HQS space standards is defined as overcrowded. HQS Space Standards Unit Size Maximum Persons in Household 0 Bedroom 2 1 Bedroom 4 2 Bedrooms 6 3 Bedrooms 8 4 Bedrooms 10 5 Bedrooms 12 A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space [HCV GB p.10-6]. A bedroom or living/sleeping room must have at least: 0 One window Two electrical outlets in proper operating condition (permanent overhead or wall -mounted light fixtures may count as one of the required electrical outlets) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 196 of 539 If the PHA determines that a unit is overcrowded 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 follow. • 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 prior to the effective date of the HAP Contract. • AnnuallBiennial Inspections. HUD requires the PHA to inspect each unit under lease at least annually or biennially, depending on PHA Policy to confirm that the unit still meets HQS. The inspection may be 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 or in a unit between annual inspections. • Quality Control Inspections. HUD requires that a sample of units be inspected by a supervisor or other qualified individual to evaluate the work of the inspector(s) and to ensure that inspections are performed in compliance with the HQS. Inspection of PHA -Owned Units [24 CFR 982.352(b)] The PHA must obtain the services of an independent entity to perform all HQS inspections in cases where an HCV family is receiving assistance in a PHA -owned unit. A PHA -owned unit is defined as a unit that is owned by the PHA that administers the assistance under the consolidated ACC (including a unit owned by an entity substantially controlled by the PHA). The independent agency must communicate the results of each inspection to the family and the PHA. The independent agency must be approved by HUD, and may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government). Inspection Costs [Notice PIN 2016-05] The PHA may not charge the family or owner for unit inspections or reinspections [24 CFR 982.405(e)]. In the case of inspections of PHA -owned units, the PHA may Baldwin Park Housing Authority Administrative Plan — June 2021 Page 197 of 539 compensate the independent agency from ongoing administrative fee for inspections performed. The PHA and the independent agency may not charge the family any fee or charge for the inspection [24 CFR.982.352(b)]. Now717 rn�7H-atgin a 1776 rs rWr 171116peull ) situations: when the owner notifies the PHA that a repair has been made but the deficiency has not been corrected, and when the time for repairs has elapsed and the deficiency has not been corrected. Fees may not be imposed for tenant -caused damages, for cases in which the inspector could not gain access to the unit, or for new deficiencies discovered during a reinspection. The owner may not pass the cost of a reinspection fee to the family. Reinspection fees must be added to the PHA's administrative fee reserves and may only be used for activities related to the provision of tenant -based assistance. MMM Remote Video Inspections (RVls) [Notice PIH 2020-31] As an alternative to some or all on-site inspections, the PHA may, but is not required to, perform HQS inspections from a remote location using video streaming technology and a proxy at the inspection site. Since there may be some circumstances in which the application of technology provides insufficient information or evidence to allow the PHA to make appropriate determinations about whether a condition violates HQS, Notice PIH 2020-31 requires that if a PHA chooses to implement RVIs, the PHA should have policies and procedures in place to address. -such lini�ations. MRMMM BPHA will not conduct any HQS inspection using RVI. Notice and Scheduling The family must allow the PHA to inspect the unit at reasonable times with reasonable notice [24 CFR 982.551 (d)]. MaMMU=A 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 within 48 hours. Inspections may be scheduled between 8:00 a.m. and 4:30 p.m. Generally, inspections will be conducted on business days only. In the case of a life-threatening emergency, BPHA will give as much notice as possible, given the nature of the emergency. In the case of special inspections, inspection will be conducted unscheduled with permission of the tenant. If the tenant does not allow entry, the tenant Baldwin Park Housing Authority Administrative Plan — June 2021 Page 198 of 539 will receive notice of special inspection scheduled within twenty-four (24) hours. Owner and Family Inspection Attendance HUD permits the PHA to set policy regarding family and owner presence at the time of inspection [HCV GB p. 10-27]. MMMM When a family occupies the unit at the time of inspection an adult must be present for the inspection. The presence of the owner or the owner's representative is encouraged but is not required. At initial inspection of a vacant unit, BPHA will inspect the unit in the presence of the owner or owner's representative. The presence of an adult family representative is permitted, but is not required. 8-1111.13. INITIAL HQS INSPECTION [24 CFR 982.401 (a)] The PHA may, but is not required to, approve tenancy and start HAP if the uni'l fails HQS inspection, but only if the deficiencies identified are non -life-threatening. Further, the PHA may, but is not required to, authorize occupancy if a unit passed an alternative inspection in the last 24 months. MMIll The unit must pass the HQS inspection on or before the effective date of the HAP contract. Timing of Initial Inspections HUD requires PHAs with fewer than 1,250 budgeted units to 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 (RFTA). For PHAs with 1,250 or more budgeted units, to the extent practicable such inspection and determination must be completed within 15 days. The 15 -day period is suspended for any period during which the unit is not available for inspection [982.305(b)(2)]. BPHA PolicV BPHA will complete the initial inspection, determine whether the unit satisfies HQS, and notify the owner and the family of the determination within 12 business days of submission of the Request for Tenancy Approval (RFTA). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 199 of 539 Inspection Results and Re -inspections BPHA Policy If any HQS violations are identified during the initial inspection, 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 BPHA for good cause. BPHA will re- inspect the unit within five business days of the date the owner notifies BPHA 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 re -inspection, BPHA will notify the owner and the family that the unit has been rejected and that the family must search for another unit. BPHA may agree to conduct a second re -inspection, for good cause, at the request of the family and owner. Following a failed re -inspection, the family may submit a new Request for Tenancy Approval after the owner has made repairs, if they are unable to locate another suitable unit. Utilities Generally, at initial lease -up the owner is responsible for demonstrating that all utilities are in working order including those utilities that the family will be responsible for paying. Imummagm At the time of the initial inspection, all utilities services must be in working order. If utilities are not available, BPHA will re -inspect the unit to confirm that utilities are operational before the HAP contract is executed by BPHA. Appliances [Form HUD -52580] BPHA PolicV If the family is responsible for supplying the stove and/or refrigerator, BPHA 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 and in operable condition before the HAP contract is executed by BPHA. BPHA will execute the HAP contract based upon a certification from the family that the appliances have been installed and are working. BPHA will conduct a confirmatory inspection once the Tenant moves in to the unit. The dwelling unit must have a refrigerator of appropriate size for the family. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 200 of 539 8.11I.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405(a) and 982.406; Notice P1H 2016-05] mzz�� Each unit under HAP contract must be inspected biennially within 24 months of the last full HQS inspection. The PHA reserves the right to require annual inspections of any unit or owner at any time BPHA will not accept the results of inspections performed by HUD or for other housing programs such as HOME or LIHTC. Scheduling the Inspection mamng= If an adult cannot be present on the scheduled date, the family should request that BPHA reschedule the inspection. BPHA and family will agree on a new inspection date that generally should take place within five business days of the originally -scheduled date. BPHA may schedule an inspection more than five business days after the original date for good cause. If the family misses the first scheduled appointment without requesting a new inspection date, BPHA will automatically schedule a second inspection. If the family misses two scheduled inspections without BPHA approval, BPHA 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] [24 CFR 982.405(g)] The PHA will conduct a special inspection if the owner, family, or another source reports HQS violations in the unit, including but not limited to violations of HQS Space Standards as identified in section 8-1-F. If the reported condition is not life- threatening (i.e., the PHA would require the owner to make the repair within no more than 30 calendar days), then the PHA must inspect the unit within 15 business days of when the PHA received the complaint. Nammu=A During a special inspection, BPHA generally will inspect only those deficiencies that were reported. However, the inspector will record any Baldwin Park Housing Authority Administrative Plan — June 2021 Page 201 of 539 additional HQS deficiencies that are observed and will require the responsible party to make the necessary repairs. If reports initiating special inspection included possible illegal or dangerous activity, for the protection of staff and tenants, BPHA may be accompanied by police as necessary. If the annual/biennial inspection has been scheduled or is due within 90 days of the date the special inspection is scheduled BPHA may elect to conduct a full annual inspection. 8-II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b); 24 CFR 985.3(e); 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 three months. The selected sample should be drawn to represent a cross section of neighborhoods and the work of a cross section of inspectors. 8.11.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. Mammu=A When life-threatening conditions are identified, BPHA will immediately notify both parties by telephone, or email. The notice will specify who is responsible for correcting the violation. The corrective actions must be taken within 24 hours of BPHA's notice. When failures that are not life-threatening are identified, BPHA 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 the time frame within which the failure must be corrected. Generally, not more than 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 BPHA Policy (see Section 8-II.G.). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 202 of 539 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 BPHA 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]. Emma= Extensions will be granted in cases where BPHA 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. 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. Re -inspections mamng= BPHA will conduct a re -inspection immediately following the end of the corrective period, or any PHA approved extension. The family and owner will be given reasonable notice of the re -inspection appointment. If the deficiencies have not been corrected by the time of the re -inspection, BPHA 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 BPHA is unable to gain entry to the unit in order to conduct the scheduled reinspection, BPHA 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. 8.11.G. ENFORCING OWNER COMPLIANCE Baldwin Park Housing Authority Administrative Plan — June 2021 Page 203 of 539 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 ownerfails 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. Imumumgm BPHA will make all HAP abatements effective the first of the month following the expiration of BPHA specified correction period (including any extension). BPHA will inspect abated units within five 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. 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 GIB 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. BPHA PolicV The maximum length of time that HAP may be abated is 90 days. However, if the owner completes corrections and notifies BPHA before the termination date of the HAP contract, BPHA may rescind the termination notice if (1) the unit passes inspection and (2) the family still resides in the unit and wishes to remain in the unit. Reasonable notice of HAP contract termination by BPHA 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 8.1.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 204 of 539 PART III: RENT REASONABLENESS [24 CFR 982.507] 8-III.A. OVERVIEW Except in the case of certain LIHTC- and HOME -assisted units, 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. rawtuiff-IMM111.3,1111, In cases where an HCV family is receiving assistance in a PHA -owned unit, the PHA must obtain the services of an independent entity to determine rent asow6liipss w awidinip-ii i_uire_mei6,g6i6ai6 ii"rrii unit is defined as a unit that is owned by the PHA that administers the assistance under the consolidated ACC (including a unit owned by an entity substantially controlled by the PHA). The independent agency must communicate the results of the rent reasonableness determination to the family and the PHA. The independent agency must be approved by HUD, and may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government). 8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED Owner -Initiated Rent Determinations The 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 (or independent agency in the case of PHA -owned units) 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 HQS inspection have been corrected. §1228M BPHA will comply with CFR 982.519 as follows: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 205 of 539 The rent to owner for a unit must not be increased at the annual anniversary date unless: (i) The owner requests the adjustment by giving written notice to the PHA; and WIRTOW ISEITMO a with the HQS. (5) The rent to owner will only be increased for housing assistance payments covering months commencing on the later of: (i) The first day of the first month commencing on or after the contract anniversary date; or (iii) At least sixty days after the PHA receives the owner's request. (6) To receive an increase resulting from the annual adjustment for an annual anniversary date, the owner must request the increase at least sixty days before the next annual anniversary date. After the initial occupancy period (1 2 -months), the owner may request a rent adjustment in accordance with the owner's lease. For rent increase requests after initial lease -up, the owner must provide information about the rents charged for other units on the premises if requested by BPHA. If the premises include more than 4 units, the owner must provide a "rent roll". In evaluating the proposed rents in comparison to other units on the premises BPHA will consider unit size and length of tenancy in the other units. BPHA 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 BPHA'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 10 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. BPHA Policy In addition to the instances described above, BPHA will make a determination of rent reasonableness at any time after the initial occupancy period if: (1) BPHA determines that the initial rent reasonableness determination was in error or (2) BPHA determines that the information Baldwin Park Housing Authority Administrative Plan — June 2021 Page 206 of 539 provided by the owner about the unit or other units on the same premises was incorrect. LIHTC- and HOME -Assisted Units [24 CFR 982.507(c)] For units receiving low-income housing tax credits (LIHTCs) or units assisted under HUD's HOME Investment Partnerships (HOME) Program, a rent comparison with unassisted units is not required if the voucher rent does not exceed the rent for other LIHTC- or HOME -assisted units in the project that are not occupied by families with tenant -based assistance. For LIHTCs, if the rent requested by the owner does exceed the LIHTC rents for non -voucher families, the PHA must perform a rent comparability study in accordance with program regulations. In such cases, the rent shall not exceed the lesser of: (1) the reasonable rent as determined from the rent comparability study; or (2) the payment standard established by the PHA for the unit size involved. 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 Units that Must Not be Used as Comparables Comparable units must represent unrestricted market rents. Therefore, units that receive some form of federal, state, or local assistance that imposes rent restrictions cannot be considered comparable units. These include units assisted by HUD through any of the following programs: Section 8 project -based assistance, Section 236 and Section 221 (d)(3) Below Market Interest Rate (BM I R) projects, HOME or Community Development Block Grant (CDBG) program - assisted units in which the rents are subsidized through federal, state, or local tax credits; units subsidized by the Department of Agriculture rural housing programs, and units that are rent -controlled by local ordinance. [Notice PIH 2002-22, Notice PIH 2005-20, and Notice PIH 2020-19]� Note: Notice PIH 2020-19, issued August 21, 2020, provides further guidance on the issue of what constitutes an assisted unit. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 207 of 539 Rents Charged for Other Units on the Premises The Request for Tenancy Approval (HUD -52517) requires owners to provide information, on the form itself, about the rent charged for other unassisted comparable units on the premises if the premises include more than 4 units. By accepting the PHA payment each month the owner certifies that the rent is not more than the rent charged for comparable unassisted units on the premises. If asked to do so, the owner must give the PHA information regarding rents charged for other units on the premises. ril �08 How Market Data is Collected BPHA will collect and maintain data on market rents in BPHA's jurisdiction. Information sources include newspapers, realtors, market surveys, inquiries of owners and other available sources. The data will be maintained by bedroom size and market areas. Market areas may be defined by zip codes, census tract, neighborhood, and identifiable natural or man-made boundaries. The data will be updated on an ongoing basis and rent information that is more than 12 months old will be eliminated from the database. How Rents are Determined BPHA PolicV The rent for a unit proposed for HCV assistance will be compared to the rent charged for comparable units in the same market area. BPHA will develop a range of prices for comparable units by bedroom size within defined market areas. Units proposed for HCV assistance will be compared to the units within this rent range. Because units may be similar, but not exactly like the unit proposed for HCV assistance, BPHA may make adjustments to the range of prices to account for these differences. The adjustment must reflect the local market. Not all differences in units require adjustments (e.g., the presence or absence of a garbage disposal may not affect the rent in some market areas). Adjustments may vary by unit type (e.g., a second bathroom may be more valuable in a three-bedroom unit than in a two-bedroom). The adjustment must reflect the rental value of the difference not its construction costs (e.g., it might cost $20,000 to put on a new roof, but the new roof might not make any difference in what a tenant would be willing to pay because rental units are presumed to have functioning roofs). When a comparable project offers rent concessions (e.g., first month rent- free, or reduced rent) reported monthly rents will be adjusted accordingly. For example, if a comparable project reports rents of $500/month but new tenants receive the first month's rent free, the actual rent for the unit would Baldwin Park Housing Authority Administrative Plan — June 2021 Page 208 of 539 be calculated as follows: $500 x 11 months = 5500/12 months = actual monthly rent of $488. BPHA will notify the owner of the rent BPHA can approve based upon its analysis of rents for comparable units. The owner may submit information about other comparable units in the market area. BPHA will confirm the accuracy of the information provided and consider this additional information when making rent determinations. The owner must submit any additional information within 5 business days of BPHA's request for information or the owner's request to submit information. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 209 of 539 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: 0 24 CFR 982.401, Housing Quality Standards (HQS) 0 Housing Choice Voucher Guidebook, Chapter 10. 0 HUD Housing Inspection Manual for Section 8 Housing 0 HUD Inspection Form, Form HUD -52580 (3/01) and Inspection Checklist, Form HUD -52580-A (9/00) Sanitary Facilities The dwelling unit must include sanitary facilities within the unit. EiThe 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. Hot Water Heater must be properly vented, temperature pressure relief valve, drainpipe at least 18" above ground, and be earthquake strapped or with brackets. *If Hot Water Heater is located inside garage, must be elevated, placed on 18" platform 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. Ground Fault Circuit Interrupters (GFCI's) must be installed on electrical outlets located adjacent to sinks in kitchen and bathrooms. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 210 of 539 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. 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 operable 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" pamphlet • Stabilize deteriorated painted surfaces and conduct hazard reduction activities 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 • Maintain covered housing without deteriorated paint if there is child under six in the family For units occupied by intervention elevated blood lead level (lead poisoned) children under six years of age, an environmental investigation must be conducted (paid for by the PHA). If lead hazards are identified during the environmental investigation, the owner must complete hazard reduction activities within 30 days. See HCV GB p. 10-15 for a detailed description of these requirements. For additional information on lead-based paint requirements see 24CFR35, Subparts A, B, M, and R. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 211 of 539 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. 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. Interior and exterior of dwelling unit must be kept in decent sanitary condition throughout occupancy (ie; housekeeping, debris, excessive clutter etc.) 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 Health/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. Unit must have smoke alarms, carbon monoxide device and emergency exit. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 212 of 539 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. 0 HUD Housing Inspection Manual for Section 8 Housing HUD Inspection Form, Form HUD -52580 (3/01) and Inspection Checklist, Form HUD -52580-A (9/00) 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. • 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. • 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. • Indoor Air. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 213 of 539 Sanitary Conditions. The family determines whether the sanitary conditions in the unit, including minor infestations, are acceptable. 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. INTERGRATED PEST MANAGEMENT (IPM) The Baldwin Park Housing Authority (BPHA) enforces the Environmental Protection Agency guidelines on pest control, including but not limited to bed bug/insects/rodents, with Landlords and Tenants through the HQS inspection process. These guidelines include: • Raise awareness through education on prevention of all pests • Inspect infested areas, plus surrounding living spaces • Correctly identify the pest • Keep records; including dates and locations where pests are found • Clean all items within an infested living area • Reduce clutter where pests can hide • Eliminate pest habitats • Physically remove pests through cleaning • Use pesticides carefully according to the label directions • Follow up on inspections and possible treatments BPHA Policy The Baldwin Park Housing Authority (BPHA) takes the following additional preventive steps: • Provides training to staff to identify infestation, and to perform ongoing prevention actions. • To actively engage residents in an effort to prevent infestation. • BPHA will hold workshops, on an as needed basis, for tenants and landlords with continued infestation, to learn to identify bedbugs or any other pest infestation, to create unfriendly environments for pest, and to report suspicions infestation as soon as possible. • BPHA may post signs and handouts regarding bedbug or any other infestation prevention. • BPHA will make contact with the Tenant within 24 hours of tenant report of any infestation and provide the tenant with information about control and prevention. • BPHA may provide tenants and participants the excerpt, "FOCUS PESTS IN HOUSING" taken from the Integrated Pest Management, A Guide for Affordable Housing by Northeastern IPM Center at voucher briefings and will include in the Request for Tenancy Approval Packet (RFTA), PIH Notice 2012-17, and any amendments thereafter. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 214 of 539 Chapter 9 GENERAL LEASING POLICIES TiT, FF.T*Ts1Fr6J_ff*7L Chapter 9 covers the lease -up process from the family's submission of a Request for Tenancy Approval (RFTA) to the 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 [24 CFR 982.305(a)] • The owner must be an eligible owner, approvable by the PHA, with no conflicts of interest [24 CFR 982.306] • For families initially 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 PHA may elect to screen applicants for family behavior or suitability for tenancy. See Chapter 3 for a discussion of the PHA's policies with regard to screening applicant families for program eligibility [24 CFR 982.307(a)(1)]. The owner is responsible for screening and selection of the family to occupy the owner's unit. At or before 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)]. The PHA must also inform the owner or manager or his/her rights and obligations under the Violence Against Women Act of 2013 (VAWA) [24 CFR 5.2005(a)(2)]. 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)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 215 of 539 The PHA is permitted, but not required, to offer the owner other information in the PHA's possession about the tenancy history or drug trafficking of family members. [24 CFR 982.307(b)(2)] 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)]. The PHA may not disclose to the owner any confidential information provided by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(b)(4)]. MMMM BPHA will not screen applicants for family behavior or suitability for tenancy on behalf of the owner, however, will screen as necessary for suitability as a program participant. BPHA will not provide additional screening information to the owner other than the previous owner's contact information upon request. 9-11.13. 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: 0 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. 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 1978, owners must either 1) certify that the unit, common areas, and exterior have been found to be free of lead-based paint by a certified inspector; or 2) attach a lead-based paint disclosure statement. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 216 of 539 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]. BPHA Polic 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 not submit, and BPHA will not process, more than one (1) RFTA at a time. When the family submits the RFTA, the PHA will review the RFTA for completeness. Incomplete RFTAs will not be accepted. 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, BPHA 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, by mail, by email, or by fax. BPHA will not accept missing information over the phone. Vit Egg= 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, by mail, by e-mail or by fax. 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 cannot 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. There are also criteria for which the PHA must disapprove an owner. No owner has a right to participate in the HCV program [24 CFR 982.306(e)] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 217 of 539 See Chapter 13 for a full discussion of owner qualification to participate in the HCV program. �ml sm 991ell-t-WailulM 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(a)] 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. BPHA PolicV BPHA 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. 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: 0 Public or Indian housing assistance; 0 Other Section 8 assistance (including other tenant -based assistance); Baldwin Park Housing Authority Administrative Plan — June 2021 Page 218 of 539 • 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 may lease an otherwise acceptable dwelling unit with fewer or greater bedrooms than the number of bedrooms stated on the voucher issued to the family on a case-by-case basis, 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 219 of 539 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 family share cannot exceed 40 percent of the family's adjusted monthly income. The term "family share" refers to the amount the family pays toward rent and utilities. The gross rent for the unit minus the total housing assistance payment (HAP) for the unit equals the family share. 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 a written dwelling lease agreement 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(a)] 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 for the assisted tenants 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. The Tenancy Addendum includes the HUD requirements for the tenancy. Because it is a part of the lease, the tenant shall have the right to enforce the Tenancy Addendum against the owner. If there is a conflict between the owner's lease and the Tenancy Addendum the terms of the Tenancy Addendum shall prevail over any other provisions of the lease. mamnu= BPHA does not provide a model or standard dwelling lease for owners to use in the HCV program. However, BPHA will review the lease to determine if the lease complies with State and local law. The PHA may decline to approve the tenancy if the PHA determines that the lease does not comply with State or local law. Lease Information [24 CFR 982.308(d)] The assisted dwelling lease must contain all of the required information as listed below: 0 The names of the owner and the tenant: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 220 of 539 • 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 least one year [24 CFR 982.309]. The initial lease term is also stated in the HAP contract. The HUD program regulations permit the PHA to approve a shorter initial lease term if certain conditions are met. BPHA Policy BPHA will approve an initial lease for one (1) year. BPHA may approve an initial lease term of less than one (1) year if certain conditions are met. 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 stated 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 owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. However, if the PHA chooses to do so, language to this effect must be added to Part A of the HAP contract [Form HUD -52641]. BPHA Policy BPHA will allow the owner to collect the security deposit amount not to exceed the amount allowed by State Law. Therefore, no modifications to the HAP contract will be necessary. 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 as approved by the PHA minus the PHA's housing assistance payments to the owner [24 CFR 982.451 (b)(4)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 221 of 539 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)]. MNMMB=A BPHA does not permit owners and families to execute separate agreements. PHA Review of Lease The PHA will review the dwelling lease for compliance with all applicable requirements. BPHA PolicV If the dwelling lease is incomplete or incorrect, BPHA will notify the family and the owner of the deficiencies. Missing and corrected lease information will only be accepted as hard copies, in-person, by mail, e-mail or by fax. BPHA will not accept missing and corrected information over the phone. Because the initial leasing process is time -sensitive, BPHA will attempt to communicate with the owner and family by phone, fax, or email. BPHA will use mail when the parties can't be reached by phone, fax, or email. The PHA is permitted, but is not required, to review the lease to determine if the lease complies with State and local law and is permitted to decline to approve the tenancy if the PHA determines that the lease does not comply with State or local law [24 CFR 982.308(c)] 11.0 -un Wr BPHA will review the owner's lease for compliance with state/local law. 9-I.F. TENANCY APPROVAL [24 CFR 982.305] 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 222 of 539 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)]. Mammu=A BPHA will complete its determination within 10 business days of receiving all required information including completion of inspection. If the terms of the RIFTA/proposed lease are changed for any reason, including but not limited to negotiation with BPHA, BPHA 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 by fax. BPHA will not accept corrections over the phone. If BPHA determines that the tenancy cannot be approved for any reason, the owner and the family will be notified via email or in writing and given the opportunity to address any reasons for disapproval. BPHA will instruct the owner and family of the steps necessary to obtain approval of 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 plus the days taken to process the proposed RFTA. If the tenancy is not approvable due to rent affordability or rent reasonableness, BPHA 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 plus the days taken to process the proposed RFTA. 9-I.G. HAP CONTRACT EXECUTION [24 CFR 982.3051 The HAP contract is a written agreement between the PHA and the owner of the dwelling unit. Under the HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of the family, and the owner agrees to comply with all program requirements as stated in the HAP contract. The HAP contract form is prescribed by HUD. If the PHA has given approval for the family of the assisted tenancy, the owner and the PHA must 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 223 of 539 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. NIMMUM The following PHA representative(s) is/are authorized to execute a HAP contract on behalf of the PHA: Executive Director, Director of Community Development and Housing Manager. Owners who have not previously participated in the HCV program must attend a meeting with BPHA in which the terms of the Tenancy Addendum and the HAP contract will be explained. BPHA 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 BPHA. BPHA will ensure that both the owner and the assisted family receive copies of the dwelling lease. The owner and BPHA will execute the HAP contract. BPHA 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. BPHA will ensure that the owner receives a copy of the executed HAP contract. Owners must provide the current address of their residence (not a Post Office Box). The owner's current address will be compared to the subsidized unit address. As required under VAWA 2013, once the HAP contract and lease have been executed and the family has been admitted to the program, BPHA will notify families of their rights under VAWA by providing all families with a copy of the domestic violence certification form (HUD -5382) as well as the VAWA notice of occupancy rights (form HUD -5380). See Chapter 13 for a discussion of the HAP contract and contract provisions. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 224 of 539 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, the execution of a new lease and HAP contract are required. 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 (RFTA) along with a new dwelling lease containing the proposed changes. A new tenancy must then be approved in accordance with this chapter. Where the owner is changing the amount of the rent to owner, the owner must notify the PHA at least 60 days before any such changes go into effect [24 CFR 982.308(g)(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 terminate the tenancy in accordance with the terms of the lease. No rent increase is permitted during the initial term of the lease [24 CFR 982.309(a)(3)]. MaMMU=A Where the owner is requesting a rent increase, BPHA will determine whether the requested increase is reasonable within 20 business days of receiving the request from the owner. The owner and tenant 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 BPHA of the rent change or on the date specified by the owner, whichever is later. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 225 of 539 Chapter 10 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY INTRODUCTION Freedom of housing choice is a hallmark of the Housing Choice Voucher (HCV) program. In general, 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 1: 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 1. MOVING WITH CONTINUED ASSISTANCE 10-I.A. ALLOWABLE MOVES HUD lists six regulatory 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 [24 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 BPHA 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 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 family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault or stalking and the move is needed to protect the health or safety of the family or family member [24 CFR Baldwin Park Housing Authority Administrative Plan — June 2021 Page 226 of 539 982.314(b)(4)]. This condition applies even when the family has moved out of its unit in violation of the lease, with or without prior notification to the PHA, if the family or family member who is the victim reasonably believed that he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.314(b)(4), 24 CFR 982.353(b)].The PHA must adopt an emergency transfer plan as required by regulations at 24 CFR 5,2007 (e). BPHA Policy If a family requests permission to move with continued assistance based on a claim that the move is necessary to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault or stalking, BPHA will request that the resident request the emergency transfer using form HUD -5283, and the PHA will request documentation in accordance with Section 16-IXD of this plan. BPHA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the family or family member will suffice. In such cases BPHA will document the waiver in the family's file. BPHA may choose to provide a voucher to facilitate an emergency transfer of the victim without first terminating the assistance of the perpetrator. Before granting an emergency transfer, BPHA will ensure the victim is eligible to receive continued assistance based on the citizenship or immigration status of the victim. BPHA has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan and discusses external transfers to other covered programs. 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)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 227 of 539 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 The PHA may deny a family permission to move either within or outside the PHA's jurisdiction if the PHA does not have sufficient funding for continued assistance [24 CFR 982.314(e)(1)]. However, Notice PIH 2016-09 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory, BPHA will deny a family permission to move on grounds that the BPHA does not have sufficient funding for continued assistance if (a) the move is initiated by the family, not the owner or BPHA; (b) BPHA can demonstrate that the move will, in fact, result in higher subsidy costs (c) BPHA 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, and (d) for portability moves, the receiving PHA is not absorbing the voucher. If the BPHA does not have sufficient funding for continued assistance, but the family must move from their unit (e.g., the unit failed HQS), the family The BPHA, however, will not allow the family to move under portability in this situation if the family wishes to move to a higher cost area. For both moves within the BPHA's jurisdiction and outside under portability, the BPHA will not deny a move due to insufficient funding if the BPHA previously approved the move and subsequently experienced a funding shortfall if the family cannot remain in their current unit. The BPHA will rescind the voucher in this situation if the family will be allowed to remain in their current unit. BPHA will create a list of families whose moves have been denied due to insufficient funding. BPHA will keep the family's request open indefinitely, and when funds become available, the families on this list will take precedence over families on the waiting list. BPHA will use the same procedures for notifying family with open requests to move when funds become available as it uses for notifying families on the waiting list (see section 4-III.D). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 228 of 539 Grounds for Denial or Termination of Assistance The PHA may deny a family permission to move if it has grounds for denying or terminating the family's assistance [24 CFR 982.314(e)(2)]. NaMORM If BPHA has grounds for denying or terminating a family's assistance, BPHA 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. Restrictions on Elective Moves [24 CFR 982.314(c)] HUD regulations permit the PHA to prohibit any elective move by a participant family during the family's initial lease term. They also permit the PHA to prohibit more than one elective move by a participant family during any 12 -month period. However, such prohibitions, if adopted, do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault or stalking and the move is needed to protect the health or safety of the family or family member. (For the policy on documentation of abuse, see Section 10 -LA) In addition, the PHA may not establish a policy permitting moves only at reexamination [Notice PIH 2016-09]. mamng= BPHA will deny a family permission to make an elective move during the family's initial lease term. This policy applies to moves within BPHA's jurisdiction or outside it under portability. BPHA 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 BPHA's jurisdiction. BPHA 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 BPHA will not approve a family to move (port out) if family currently holds a repayment plan with the Housing Authority. The participant family will have to reside in the BPHA jurisdiction until the debt is paid in full. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 229 of 539 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 in writing 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)]. The notices must be in writing [24 CFR 982.5]. Approval BPHA PolicV The family request to move must be made in writing to BPHA no less than 30 -days before the requested lease termination/move out date. Family will be required to submit the following items: 1) Request to Move form, 2) copy of notice to move served to landlord (must be no less than 30 -day notice), and 3) statement from the property owner verifying that the family does not owe any outstanding balances. Upon receipt of a family's complete move -out packet, BPHA will approve or deny the move in accordance with the regulations and policies set forth in sections 10-I.A and 10-1.13. BPHA will notify the family in writing of its determination within 10 business days following receipt of the family's request. The family must not move from the assisted unit prior to approval and issuance of voucher from BPHA. Families vacating the assisted unit without BPHA approval/voucher are considered in violation of the family's obligations, which may result in termination of assistance. Reexamination of Family Income and Composition §1228M For families approved to move to a new unit within BPHA's jurisdiction, BPHA will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan. For families moving into or families approved to move out of BPHA's jurisdiction under portability, BPHA will follow the policies set forth in Part 11 of this chapter. Voucher Issuance and Briefing Imumumgm Baldwin Park Housing Authority Administrative Plan — June 2021 Page 230 of 539 For families approved to move to a new unit within BPHA's jurisdiction, BPHA will issue a new voucher within 10 business days of BPHA's written approval to move. BPHA 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 BPHA approves. Otherwise, the family will lose its assistance. For families moving into or families approved to move out of BPHA's jurisdiction under portability, BPHA will follow the policies set forth in Part 11 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. Zero HAP Families Who Wish to Move [24 CFR 982.455] A participant who is not receiving any subsidy, but whose HAP contract is still in force, may request a voucher to move to a different unit. The PHA must issue a voucher to move unless it has grounds to deny assistance under the program regulations. However, if the PHA determines no subsidy would be paid at the new unit, the PHA may refuse to enter into a HAP contract on behalf of the family. BPHA Egli lcy- If a zero HAP family request to move to a new unit, the family may request a voucher to move. However, if no subsidy will be paid at the unit to which the family requests to move, BPHA will not enter into a HAP contract on behalf of the family for the new unit. PART III: 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 that issues the voucher is called the initial Baldwin Park Housing Authority Administrative Plan — June 2021 Page 231 of 539 PHA. The PHA that has jurisdiction in the area to which the family wants to move 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 provides all housing services for the family and bills the initial PHA for the family's housing assistance payments and the fees for administering the family's voucher. Under the second option, the receiving PHA pays for the family's assistance with its own program funds, and the initial PHA has no further relationship with the family. The initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the initial PHA's voucher. Based on the receiving PHA's response, the initial PHA must determine whether they will approve or deny the portability request [Notice PIH 2016-09]. PHAs commonly act as both the initial and receiving PHA because families may move into or out of their jurisdiction under portability. Each role involves different responsibilities. The PHA will follow the rules and policies in Section 10-11.13 when it is acting as the initial PHA for a family. It will follow the rules and policies in Section 1 0-II.0 when it is acting as the receiving PHA for a family. In administering portability, the initial PHA and the receiving PHA must comply with financial procedures required by HUD, including the use of HUD -required forms [24 CFR 982.355(e)(5)]. 10-1111.13. INITIAL PHA ROLE Allowable Moves under Portability A family may move with voucher assistance only to an area where there is at least one PHA administering a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA provides the family with the contact information for the receiving PHAs that serve the area, and the family selects the receiving PHA. The family must inform the initial PHA which PHA it has selected. If the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family (24 CFR 982.255(b). Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside the PHA's jurisdiction under portability. HUD regulations and PHA Policy determine whether a family qualifies. Applicant Families Under HUD regulations, most applicant families qualify to lease a unit outside the PHA's jurisdiction under portability. However, HUD gives the PHA discretion to deny a portability move by an applicant family for the same two reasons that it may deny any move by a participant family: insufficient funding and grounds for denial Baldwin Park Housing Authority Administrative Plan — June 2021 Page 232 of 539 or termination of assistance. If a PHA intends to deny a family permission to move under portability due to insufficient funding, the PHA must notify HUD within 10 business days of the determination to deny the move [24 CFR 982.355(e)]. In determining whether or not to deny an applicant family permission to move under portability because BPHA lacks sufficient funding or has grounds for denying assistance to the family, BPHA will follow the policies established in section 10-1.13 of this chapter. If BPHA does deny the move due to insufficient funding, 13PHA will notify HUD in writing within 10 business days of the BPHA's determination to deny to move. In addition, the PHA may establish a policy denying the right to portability to nonresident applicants during the first 12 months after they are admitted to the program [24 CFR 982.353(c)]. Imor-agm BPHA does not deny the right for portability. Participant Families The Initial PHA must not provide portable assistance for a participant if a family has moved out of its assisted unit in violation of the lease. [24 CFR 982.353(b)]. The Violence Against Women Act of 2013 (VAWA) creates an exception to this prohibition for families who are otherwise in compliance with program obligations but have moved to protect the health or safety of a family member who is or has been a victim of domestic violence, dating violence, sexual assault or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.353(b)]. L-11 00- 8 �n M BPHA will determine whether a participant family may move out of BPHA's jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in Sections 1 O-I.A and 10-1.13 of this chapter. BPHA will notify the family of its determination in accordance with the approval policy set forth in Section 10-I.0 of this chapter. BPHA will notify the HUD field office within 10 business days of denying a move under portability due to insufficient funding. 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)(1)]. The family must specify the area to which the family wishes to move [24 CFR 982.355(c)(1)]. 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), 24 CFR 982.355(9)]. If the applicant family is not income eligible in that area, the PHA must Baldwin Park Housing Authority Administrative Plan — June 2021 Page 233 of 539 inform the family that it may not move there and receive voucher assistance [Notice PIH 2016-09]. 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). Reexamination of Family Income and Composition No new reexamination of family income and composition is required for an applicant family. BPHA PolicV For a participant family approved to move out of its jurisdiction under portability, BPHA 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. BPHA will make any exceptions to this policy necessary to remain in compliance with HUD regulations. Briefing The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide information on portability to all applicant families that qualify to lease a unit outside the PHA's jurisdiction under the portability procedures. Therefore, no special briefing is required for these families. QPHA Policy No formal briefing will be required for a participant family wishing to move outside BPHA's jurisdiction under portability. However, BPHA 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). BPHA 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 RHA's policies and procedures, including screening, subsidy standards, voucher extension policies, and payment standards. Voucher Issuance and Term An applicant family has no right to portability until after the family has been issued a voucher [24 CFR 982.353(b)]. In issuing vouchers to applicant families, the PHA will follow the regulations and procedures set forth in Chapter 5. BPHA PolicV For participating families approved to move under portability, BPHA will issue a new voucher within 10 business days of BPHA's written approval to move. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 234 of 539 The initial term of the voucher will be 180 days. Voucher Extensions and Expiration 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 90 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.) BPHA Policy BPHA will issue a voucher for 180 days. No extension will be provided with the exception of reasonable accommodation requests to be reviewed and approved on a case-by-case basis. (See Chapter 5, section 5-II.E) Preapproval Contact with the Receiving PHA Prior to approving a family's request to move under portability, the initial PHA must contact the receiving PHA via e-mail or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the family's voucher. Based on the receiving PHA's response, the initial PHA must determine whether it will approve or deny the move [24 CFR 982.355(c)(3)]. BPHA PolicV BPHA will use e-mail, when possible, to contact the receiving PHA regarding whether the receiving PHA will administer or absorb the family's voucher. Initial Notification to the Receiving PHA After approving a family's request to move under portability, the initial PHA must promptly notify the receiving PHA via email or other confirmed delivery method to expect the family [24 CFR 982.355(c)(3)]; 24 CFR 982.355(c)(7)]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(6)]. IMUMM-11112MA Because the portability process is time -sensitive, BPHA will notify the receiving PHA by phone, fax, or e-mail to expect the family. BPHA will also ask the receiving PHA to provide any information the family may need upon arrival, including the name, fax, e-mail address, and telephone number of the staff person responsible for business with incoming portable families and procedures related to appointments for voucher issuance. BPHA will pass this information along to the family. BPHA will also ask for the name, address, telephone number, fax and e-mail 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 2016-09] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 235 of 539 0 A copy of the family's voucher [Notice PIH 2016-09] 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)(7), Notice PIH 2016-09]. Copies of the income verifications backing up the Form HUD -50058, including a copy of the family's current EIV data [24 CFR 982.355(c)(7), Notice PIH 2016-09] Eamon= In addition to these documents, BPHA will provide the following information, if available, to the receiving PHA: • Social Security numbers (SSNs) • Documentation of SSNs for all nonexempt household members whose SSNs have not been verified through the EIV system • Documentation of legal identity • Documentation of citizenship or eligible immigration status • Documentation of participation in the earned income disallowance (EID) benefit • Documentation of participation in a family self-sufficiency (FSS) program BPHA will notify the family in writing regarding any information provided to the receiving PHA [HCV GB, p. 13-3]. Initial Billing Deadline [Notice PIH 2016-09] The deadline for submission of initial billing is 90 days following the expiration date of the voucher issued to the family by the initial PHA. In cases where suspension of the voucher delays the initial billing submission, the receiving PHA must notify the initial PHA of delayed billing before the billing deadline and document the delay is due to the suspension. In this case, the initial PHA must extend the billing deadline by 30 days. 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 notify the receiving PHA in writing. The initial PHA may report to HUD the receiving PHA's failure to comply with the deadline. Imumumgm If BPHA has not received an initial billing notice from the receiving PHA within the billing deadline, it will contact the receiving PHA to inform them that it will not honor 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 236 of 539 BPHA 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 [24CFR 982.355(e), Notice PIH 2016-09] If the receiving PHA is administering the family's voucher, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. When reimbursing for administrative fees, the initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill [24 CFR 982.355(e)(2)]. 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 11 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 over leasing 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. BPHA PolicV BPHA will utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies BPHA that direct deposit is not acceptable to them. If the initial PHA extends the term of the voucher, the receiving PHA's voucher will expire 30 calendar days from the new expiration date of the initial PHA's voucher, 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 Form HUD -50058 by the family's annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family. The initial PHA must continue paying the receiving PHA based on the last form HUD -50058 received, unless instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by following steps outlined in Notice PlH 2016-09� Denial or Termination of Assistance [24 CFR 982.355(c)(17)] At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance with the family in accordance with Baldwin Park Housing Authority Administrative Plan — June 2021 Page 237 of 539 24 CFR 982.552 and 24 CFR 982.553. (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)]. HUD may determine in certain instances that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster area. However, the PHA must have approval in writing from HUD before refusing any incoming portable families [24 CFR 982.355(b)]. Administration of the voucher must be in accordance with the receiving PHA's policies. This requirement also applies to policies of Moving to Work agencies. The receiving PHA procedures and preferences for selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not used [24 CFR 982.355(c)(10)]. The family's unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(c)(1 2)], and the receiving PHA's policies on extensions of the voucher term apply [24 CFR 982.355(c)(1 4)]. The family's unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(12)], and the receiving PHA's policies on extensions of the voucher term apply [24 CFR 982.355(c)(14)]. Responding to Initial PHA's Request [24 CFR 982.355(c)] The receiving PHA must respond via e-mail or other confirmed delivery method to the initial PHA's inquiry to determine whether the family's voucher will be billed or absorbed [24 CFR 982.355(c)(3)]. If the receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot reverse its decision at a later date without consent of the initial PHA (24 CFR 982.355(c)(4). 9229H=A BPHA will not accept portability transfers where the initial agency currently administers the Section 8 Program in the area in which the participant wishes to reside. BPHA will use e-mail, when possible, to notify the Initial PHA whether it will administer or absorb the family's voucher. 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. The family's failure to comply may result in denial or termination of the receiving PHA's voucher [24 CFR 982.355(c)(8)]. If the voucher issued to the family by the initial PHA has expired, the receiving PHA must contact the initial PHA to determine if it will extend the voucher [24 CFR Baldwin Park Housing Authority Administrative Plan — June 2021 Page 238 of 539 982.355(c)(13)]. An informal hearing is not required when a voucher has expired without the family leasing a unit. 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 2016-09]. (For more on this topic, see later under "Denial or Termination of Assistance.") Briefing HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family's search [Notice PIH 2016-09]. MIMMUM BPHA will provide the family with a briefing packet (as described in Chapter 5) and, in an individual briefing, will orally inform the family about BPHA's payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, and the leasing process. Income Eligibility and Reexamination The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA's voucher program [24 CFR 982,355(c)(9)], However, for a family that was not already receiving assistance in the PHA's HCV program, the initial PHA must determine whether the family is eligible for admission to the receiving PHA's HCV program. In determining income eligibility, the receiving PHA's income limits are used by the initial PHA. [24 CFR 982.355(c)(9)]. If the receiving PHA opts to conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit [24 CFR 982.355(c)(1 1)]. BIPHA PolicV For any family moving into its jurisdiction under portability, BPHA will conduct a new reexamination of family income and composition. However, BPHA will not delay issuing the family a voucher for this reason. Nor will BIPHA delay approving a unit for the family until the reexamination process is complete unless the family is an applicant and BPHA 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, BIPHA will rely upon any verification 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 60 days. Any new information may be verified by documents provided by the family and adjusted, if necessary, when third party verification is received. 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(c)(13)]. The term of the Baldwin Park Housing Authority Administrative Plan — June 2021 Page 239 of 539 receiving PHA voucher may not expire before 30 calendar days from the expiration date of the initial PHA voucher [24 CFR 982.355(b)(13)]. 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)(1 5)]. Timing of Voucher Issuance HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family's paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA's procedures [Notice PIH 2016-09]. BPHA Policy When a family ports into BPHA's jurisdiction, BPHA will issue the family a voucher based on the paperwork provided by the Initial PHA 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 BPHA's procedures. BPHA will update the family's information when verification has been completed. Voucher Term The term of the receiving PHA's voucher may not expire before 30 calendar days from the expiration of the initial PHA's voucher [24 CFR 982.355(c)(1 3)]. If the initial PHA extends the term of the voucher, the receiving PHA's voucher may not expire before 30 days from the new expiration date of the initial PHA's voucher [Notice PIH 2016-09]. Mzz�� The receiving PHA's voucher will expire at least 30 days after the expiration date of the voucher issued by Initial PHA. For example, if the expiration date on the initial PHA's voucher is 9/30/2015, the receiving PHA's voucher may not expire before 10/30/2015. If the initial PHA extends the term of the voucher, BPHA's voucher will expire 30 calendar days from the new expiration date of the initial PHA's voucher. Voucher Extensions [24 CFR 982.355(c)(14), Notice 2016-09] Once the receiving PHA issues the portable family a voucher, the receiving PHA's policies on extensions of the voucher term apply. The receiving PHA must notify the initial PHA of any extensions granted to the term of the voucher. It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA. Mammu=A Baldwin Park Housing Authority Administrative Plan — June 2021 Page 240 of 539 BPHA generally 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 5-11. E. BPHA will consider an exception to this policy as a reasonable accommodation to a person with disabilities (see Chapter 2). Voucher Suspensions [24 CFR 982.303, 24 CFR 982.355(c)(1 5)] If the family submits a request for tenancy approval during the term of the receiving PHA's voucher, the PHA must suspend the term of that voucher. The term of the voucher stops from the date that the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5-ILE). 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)(16)]. The receiving PHA is required to use Part 11 of Form HUD -52665, Family Portability Information, for this purpose [24 CFR 982.355(e)(5), Notice PIH 2016-09]. (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 2016-09] Administering a Portable Family's Voucher Portability Billing [24 CFR 982.355(e)] To cover assistance for a portable family that was not absorbed, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. The amount of the housing assistance payment for a portable family in the receiving PHA's program is determined in the same manner as for other families in the receiving PHA's program. The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial PHA's ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill for the lesser of 80 percent of the initial PHA's prorated Baldwin Park Housing Authority Administrative Plan — June 2021 Page 241 of 539 ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee). If both PHAs agree, the PHAs may negotiate a different amount of reimbursement. BPHA PolicV BPHA will not exercise its right to negotiate and therefore, will bill the initial PHA the maximum amount of administrative fees allowed, ensuring any administrative fee proration has been properly applied. 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 11 of Form HUD -52665) in time that the notice will be received no later than 90 days following the expiration date of the family's voucher issued by the initial PHA [Notice PIH 2016-09]. This deadline may be extended for 30 additional days if the delay is due to suspension of the voucher's term (see Initial Billing Section). 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. MIMMUM BPHA 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 by the deadline, 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 honorthe late submission (e.g., because the receiving PHA is over leased) [Notice PIH 2016-09]. Ongoing Notification Responsibilities [Notice PIH 2016-09, 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. BPHA PolicV BPHA will send a copy of the updated Form HUD -50058 by regular mail at the same time the family 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.) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 242 of 539 • 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 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. If the receiving PHA fails to send Form HUD -52665 within 10 days of effective date of billing changes, the initial PHA is not responsible for any increase prior to notification. Late Payments [Notice PIH 2016-09] 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 2016-09] 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 2016-09. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 243 of 539 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)(1 7), In the case of a termination, the PHA should provide adequate notice of the effective date to the initial PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial PHA later than 10 business days following the effective date of the termination of the billing arrangement [HUD - 52665; Notice PIH 2016-09]. BPHA Policy If BPHA elects to deny or terminate assistance for a portable family, BPHA will notify the Initial PHA within 10 business days after the informal review or hearing if the denial or termination is upheld. BPHA 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 may furnish the initial PHA with 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 the PHA has funding available under its Annual Contributions Contract (ACC) [24 CFR 982.355(d)(1), Notice PIH 2016-09]. 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 receiving PHA absorbs a family after providing assistance for the family under a billing arrangement with the initial PHA, HUD encourages the receiving PHA to provide adequate advance notice to the initial PHA to avoid having to return an overpayment. The receiving PHA must specify the effective date of the absorption of the family [Notice PIH 2016-09]. BPHA Policy If BPHA decides to absorb a portable family upon the execution of a HAP contract on behalf of the family, BPHA 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 BPHA decides to absorb a family after that, it will provide the Initial PHA with 30 days' advance notice, but no later than 10 business days following the effective date of the termination of the billing arrangement. 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 [24 CFR 982.355(e)(4)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 244 of 539 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 1: 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 III: 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 1: ANNUAL REEXAMINATIONS [24 CFR 982.516] 11 -I.A. 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. ISO III Baldwin Park Housing Authority Administrative Plan — June 2021 Page 245 of 539 the family, the PHA must perform third -party verification of all income sources. 1�1 MM I BPHA will streamline the annual reexamination process by applying the verified COLA or interest rate to fixed-income sources. BPHA will document in the file how the determination that a source of income was fixed was made. If a family member with a fixed source of income is added, the PHA will use third -party verification of all income amounts for that family member. Third -party verification of fixed sources of income will be obtained during the intake process and at least once every three years thereafter. M �11110 11-I.C. SCHEDULING ANNUAL REEXAMINATIONS The PHA must establish a policy to ensure that the annual reexamination for each family is completed within a 12 -month period, and may require reexaminations more frequently [HCV GB p. 12-1]. BPHA PolicV BPHA will begin the annual reexamination process 90 days in advance of its scheduled effective date. Generally, BPHA will schedule annual reexamination effective dates to coincide with the family's anniversary date. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 246 of 539 Anniversaty 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, BPHA will perform a new annual reexamination. BPHA 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 The PHA is required to obtain the information needed to conduct annual reexaminations. How that information will be collected is left to the discretion of the PHA. However, PHAs should give tenants who were not provided the opportunity the option to complete Form HUD -92006 at this time [Notice PIH 2009-36]. BPHA Policy Families are required to participate in an annual reexamination interview, which must be attended by the head of household and all household adults 18 years and older. If participation in an in-person interview poses a hardship because of a family member's disability, the family may contact BPHA 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 BPHA in advance of the interview to schedule a new appointment. If a family does not attend the scheduled interview, BPHA will send a second notification with a new interview date and 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 will be sent to the family's address of record (see Chapter 12), 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 BPHA must execute a certification attesting to the role and the assistance provided by any such third party. 11-I.D. 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)]. MZM�M Baldwin Park Housing Authority Administrative Plan — June 2021 Page 247 of 539 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 PHA -designated reexamination form(s), an Authorization for the Release of Information/Privacy Act Notice, as well as supporting documents or forms 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 calendar days of the interview. BPHA will grant an additional extension of time only as a reasonable accommodation for a person with disabilities or for other good cause. If the family does not provide the required documents or information within the required time period (plus any extensions), the family will be sent a notice of termination (see Chapter 12). Additionally, HUD recommends that at annual reexaminations PHAs ask whether the tenant, or any member of the tenant's household, is subject to a lifetime sex offender registration requirement in any state [Notice PIH 2012-28]. BPHA PolicV At the annual reexamination, BPHA will ask whether the tenant, or any member of the tenant's household, is subject to a lifetime sex offender registration requirement in any state. BPHA may use the Dru Sjodin National Sex Offender database to verify the information provided by the tenant. If the PHA proposes to terminate assistance based 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 tenant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to termination. [24 CFR 5.903(f) and 5.905(d)]. (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 PHA 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 248 of 539 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.E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR 982.552(b)(5)] Section 327 of Public Law 109-115 established 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, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, 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 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. MINES 7 P7"M, 1 U t: LU I rt"fft, -H ffl 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-II.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 I arents, the student's assistance will be terminated in accordance with the policies in Section 12-I.D. If the student continues to be income eligible based on his/her own income and the income of his/her parents (if applicable), BPHA will process a reexamination in accordance with the policies in this chapter. 11 -I.F. EFFECTIVE DATES [24 CFR 982.516] The PHA must establish policies concerning the effective date of changes that result from an annual reexamination [24 CFR 982.516]. BPHA PolicV Increase in Family Share In general, an increase in the family share of the rent that results from an annual reexamination will take effect on the family's anniversary date, and the family will be notified at least 30 days in advance. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 249 of 539 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 BPHA 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 BPHA, 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. 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. Decrease in Family Share In general, 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 BPHA 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 BPHA. 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 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 250 of 539 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 -111.13. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION The family is required to report all changes in family composition. The PHA must adopt policies prescribing when and under what conditions the family must report changes in income and housing composition. However, due to family obligations under the program, the PHA has limited discretion in this area. mama= The PHA will conduct interim reexaminations to account for any changes in household composition that occur between annual reexaminations. New Family Members Not Requiring PHA Approval The addition of a family member as a result of birth, adoption, or court -awarded custody does not require PHA approval. However, the family is required to promptly notify the PHA of the addition [24 CFR 982.551 (h)(2)]. 9229H=A The family must inform the PHA of the birth, adoption, or court -awarded custody of a child within 10 calendar 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)]. When any new family member is added, the PHA must make appropriate adjustments in the family share of the rent and the HAP payment at the effective date of either the annual or interim reexamination [24 CFR 982.516(e)(2)]. 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 family's HAP contract in accordance with its terms [24 CFR 982.403]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 251 of 539 Imumulam Families must request BPHA 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 14 consecutive days or 40 cumulative days within a 12 -month period and therefore no longer qualifies as a "guest." Requests must be made in writing and approved by BPHA prior to the individual moving into the unit. BPHA will not approve the addition of a new family or household member unless the individual meets the PHA's eligibility criteria (see Chapter 3) and documentation requirements (see Chapter 7, Part 11). BPHA will not approve the addition of a temporary foster child or foster adult if it will cause a violation of HQS space standards. In making its determination for approval of a new family member to the unit, BPHA will consider, on a case-by-case basis, the "benefit to the family". A benefit to the family includes, but not limited to, consistent income of the new household member and/or assistance or needs of minors in the household. If 13PHA determines an individual meets BPHA's eligibility criteria and documentation requirements, 13PHA will provide written approval to the family. If the approval of a new family member or live-in aide will cause overcrowding according to HQS standards, the approval letter will explain that the family will be issued a voucher and will be required to move. If 13PHA determines that an individual does not meet the 13PHA's eligibility criteria or documentation requirements, 13PHA 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. BPHA 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 Families must promptly notify the PHA if any family member no longer lives in the unit [24 CFR 982.551(h)(3)]. Because household members are considered when determining the family unit (voucher) size [24 CFR 982.402], the PHA also needs to know when any live-in aide, foster child, or foster adult ceases to reside in the unit. BPHA Polic If a household member ceases to reside in the unit, the family must inform the PHA within 10 calendar 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 252 of 539 11-11I.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 PHA -initiated interim reexaminations are those that are scheduled based on circumstances or criteria defined by the PHA. They are not scheduled because of changes reported by the family. BPHA Polic 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 24 -month eligibility 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 the family begins receiving income during the 3 month period, the family must report the income within 10 calendar days. An interim will be conducted effective the first of the month immediately following the effective date of income. If a family is reporting seasonal or cyclic income and 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 may 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 declarations 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 related to deductions of annual income [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)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 253 of 539 Required Reporting HUD regulations give the PHA the freedom to determine the circumstances under which families will be required to report changes affecting income. QPHA Policy Increase in Income Families are required to report all increases in income, including new employment and public assistance, within 10 calendar days of the date the change takes effect. The PHA will conduct interim reexaminations for 1) families that qualify for the earned income disallowance (EID), and only when the EID family's share of rent will change as a result of the increase; 2) families reporting zero income began receiving income; and 3) sporadic income becomes more regular. In cases of families receiving an increase of income due to new employment or salary increase, the PHA will note the information in the tenant file, but will not conduct an interim reexamination. Changes in Expenses/Allowances Families are required to report all revisions to expenses and/or allowances related to deductions of annual income including child care deductions, child allowances and full time student status. Interims will be processed effective the first of the following month the change is/was effective. It is the family's responsibility to report the change within 10 calendar days of the change. 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. Failure to report the increase or change in household composition may be grounds for termination of program assistance. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 254 of 539 economic self-sufficiency program, the family's share of the rent will not be reduced [24 CFR 5.615]. For more information regarding the requirement to impute welfare income see Chapter 6. BPHA Polic 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 BPHA PolicV The family must notify BPHA of changes in writing within 10 calendar days. Generally, the family will not be required to attend an interview for an interim reexamination. However, if BPHA determines that an interview is warranted, the family may be required to attend. Based on the type of change reported, BPHA will determine the documentation the family will be required to submit. The family must submit any required information or documents within 10 calendar days of receiving a request from BPHA. This time frame may be extended for good cause with PHA approval. BPHA may accept required documentation by mail, by fax, e-mail, or in person. Effective Dates The PHA must establish the time frames in which any changes that result from an interim reexamination will take effect [24 CFR 982.516(d)]. The changes may be applied either retroactively or prospectively, depending on whether there is to be an increase or a decrease in the family share of the rent, and whether the family reported any required information within the required time frames [HCV GB, p. 12- 10]. BPHA PolicV 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 255 of 539 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: Requests for interims due to decrease in income where the decrease was effective within 7 calendar days prior to the end of the month, will be processed effective the 1st of the second month in which the change was reported and all required documentation was submitted.. For Example: Request submitted December 28 1h will be processed effective February 1 St. All other decrease in income reported within the required 10 calendar days will be made effective 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, beyond the control of the family, until after the date the change would have become effective, the change will be made retroactively. Family's delay in reporting the decrease in income will not result in a retroactive effective interim, unless requested as a reasonable accommodation for health issues or other factors beyond the control of the family enabling the family to report the change in a timely manner. Failure to report the change in household composition or income may be grounds for termination of program assistance. 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 -III.B. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 256 of 539 Specific policies governing how subsidy standards, payment standards, and utility allowances are applied are discussed below. Payment Standards [24 CFIR 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. 12-5]. 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 CFIR 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 [24 CFIR 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. 12-5]. 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 [HCV GB, p�18-8]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 257 of 539 BPHA PolicV 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 should inform the family and the owner of the following [HCV GB, p. 12-6]: • The amount and effective date of the new HAP; • The amount and effective date of the new family share of the rent; and • The amount and effective date of the new 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). BPHA Policy BPHA will include the following information on the notices of new family share and HAP amount: The amount and effective date of the new HAP payment The amount and effective date of the new family share of the rent The notice will state the family has the right to request an explanation of how the assistance was calculated and if the family disagrees, they have the right to informal hearing. The notice will also will state the procedures for requesting an informal hearing. 11-111I.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 258 of 539 Chapter 12 TERMINATION OF ASSISTANCE AND TENANCY HUD regulations specify mandatory and optional grounds for which a PHA can terminate a family's assistance and the ways in which such terminations must take place. They also specify the circumstances under which an owner may terminate the tenancy of an assisted family. This chapter describes the policies that govern mandatory and optional terminations of assistance, and termination of tenancy by the owner. It is presented in three parts: Part 1: Grounds for Termination of Assistance. This Dart describes the various circumstances under which assistance terminated by the family or by the PHA. under the program can be Part II: Approach to Termination of Assistance. This part describes the policies and the process that the PHA will use in evaluating decisions on whether to terminate assistance due to actions or inactions of the family where termination is an option. It specifies the alternatives that the PHA may consider in lieu of termination, the criteria the PHA will use when deciding what action to take and the steps the PHA must take when terminating a family's assistance. Part III: Termination of Tenancy by the Owner. This part describes the HUD policies that govern the owner's right to terminate an assisted tenancy. PART 1: GROUNDS FOR TERMINATION OF ASSISTANCE 12-I.A. OVERVIEW HUD requires the PHA to terminate assistance for certain actions and inactions of the family and when the family no longer requires assistance due to increases in family income. HUD permits the PHA to terminate assistance for certain other actions or inactions of the family. In addition, a family may decide to withdraw from the program and terminate their HCV assistance at any time by notifying the PHA. 12-11.13. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455] As a family's income increases, the amount of the housing assistance payment decreases. If the amount of assistance provided by the PHA is reduced to zero the family's assistance terminates automatically 180 days after the last HAP payment. BPHA PolicV If a participating family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner, the family must notify BPHA of the change and request an interim reexamination before the expiration of the 180 -day period. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 259 of 539 If during the 180 days the participant family moves from the assisted unit without notifying BPHA, the family voluntarily terminates participation from the program. 12-I.C. FAMILY CHOOSES TO TERMINATE ASSISTANCE The family may request that the PHA terminate housing assistance payments on behalf of the family at any time. BPHA PolicV The request to terminate assistance should be made in writing and signed by the head of household, and spouse or co-head. However, BPHA will terminate assistance immediately upon receipt of verbal or written notification from the head of household, spouse or co-head. Before terminating the family's assistance, BPHA will follow the notice requirements in Section 12-115. Individual separate written notifications of voluntary termination will be sent to the head of household, spouse/co-head and property owner with the following information: 1) Name of terminating party 2) Effective date of termination 3) Date household becomes solely responsible for full rental payments 4) Appeal process, including informal hearing for non -terminating Head of household, Co-head or spouse. 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), 24 CFR 5.2005(c)(1)] 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. As discussed further in Section 12-II.E, incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking. MIZZOEVA 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. In such cases, BPHA 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 - Baldwin Park Housing Authority Administrative Plan — June 2021 Page 260 of 539 II.C. In making its decision, BPHA will consider the factors described in Sections 12 -ILD and 12-II.E. Upon consideration of such factors, BPHA may, on a case-by-case basis, choose not to terminate assistance. 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. Whether or not the reason for the eviction was the fault of the tenant or guests will also be considered when determining termination. Failure to Provide Consent [24 CFR 982.552(b)(3)] The PHA must deny admission to the program for an applicant, or terminate program assistance for a participant, if any member of the family fails to sign and submit consent forms for obtaining information. See Chapter 7 for a complete discussion of consent requirements. Failure to Document Citizenship [24CFR 982.552(b)(4) and 24CFR 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. 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 Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2018-24] The PHA must terminate assistance if a participant family fails to disclose the complete and accurate social security numbers of each household member and the documentation necessary to verify each social security number. However, if the family is otherwise eligible for continued program assistance, and the PHA determines that the family's failure to meet the SSN disclosure and documentation requirements was due to circumstances that could not have been foreseen and were outside of the family's control, the PHA may defer the family's termination and provide the opportunity to comply with the requirement within a period not to exceed 90 calendar days from the date the PHA determined the family to be noncompliant. Emma= Baldwin Park Housing Authority Administrative Plan — June 2021 Page 261 of 539 BPHA will defer the family's termination and provide the family with the opportunity to comply with the requirement for a period of 90 calendar days for circumstances beyond the participant's control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency, if there is a reasonable likelihood that the participant will be able to disclose an SSN by the deadline. 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. Lifetime Registered Sex Offenders [Notice PIH 2012-28] Should a PHA discover that a member of an assisted household was subject to a lifetime registration requirement at admission and was erroneously admitted after June 25, 2001, the PHA must immediately terminate assistance for the household member. In this situation, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must terminate assistance for the household. Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06] If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have dependent children, is not residing with his/her parents in an HCV assisted household, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the PHA must terminate the student's assistance if, at the time of reexamination, either the student's income or the income of the student's parents (if applicable) exceeds the applicable income limit. If a participant household consists of both eligible and ineligible students, the eligible students shall not be terminated, but must be issued a voucher to move with continued assistance in accordance with program regulations and PHA policies, or must be given the opportunity to lease in place if the terminated ineligible student members elect to move out of the assisted unit. Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010- 9] The PHA must immediately terminate program assistance for deceased single member households. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 262 of 539 12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS Mandatory Policies [24 CFR 982.553(b) and 982.551 (1)] HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the PHA determines that: • Any household member is currently engaged in any illegal use of a drug, or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents • Any household member's abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents • Any household member has violated the family's obligation not to engage in any drug-related criminal activity • Any household member has violated the family's obligation not to engage in violent criminal activity Use of Illegal Drugs and Alcohol Abuse BPHA Policy BPHA 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 with the health, safety, or right to peaceful enjoyment of the premises by other residents. BPHA 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. Currently engaged in is defined as any use of illegal drugs during the previous three months. BPHA will consider all credible evidence, including but not limited to, any complaints received including anonymous complaints, record of arrests, convictions, or eviction of household members related to the use of illegal drugs or abuse of alcohol. A record or records of arrest will not be used as the sole basis for the termination or proof that the participant engaged in disqualifying criminal activity. In making its decision to terminate assistance, BPHA will consider alternatives as described in Section 12-II.0 and other factors described in Section 12-II.D and 12-II.E. Upon consideration of such alternatives and factors, BPHA may, on a case-by-case basis, choose not to terminate assistance. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 263 of 539 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. Igumumgm BPHA 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. BPHA will consider all credible evidence, including but not limited to, any complaints received including anonymous complaints, 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. A record or records of arrest will not be used as the sole basis for the termination or proof that the participant engaged in disqualifying criminal activity. In making its decision to terminate assistance, BPHA will consider alternatives as described in Section 12 -ILC and other factors described in Section 12 -ILD and 12-II.E. Upon consideration of such alternatives and factors, BPHA may, on a case-by-case basis, choose not to terminate assistance. Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c)] HUD permits the PHA to terminate assistance under a number of other circumstances. It is left to the discretion of the PHA whether such circumstances in general warrant consideration for the termination of assistance. As discussed further in Section 12-ILE, the Violence Against Women Act of 2013 explicitly prohibits PHAs from considering incidents of, or criminal activity directly related to, domestic violence, dating violence, sexual assault, or stalking as reasons for terminating the assistance of a victim of such abuse. BPHA Polic BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 264 of 539 Any family member has been evicted from federally -assisted housing in the last five (5) years. 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 BPHA or to another PHA in connection with the HCV, Certificate, Moderate Rehabilitation or public housing programs. The family currently owes rent or other amounts to any PHA in connection with Section 8 or public housing assistance under the 1937 Act. The family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent or other amounts owed by the family under the lease. The family has breached the terms of a repayment agreement entered into with BPHA. 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. The family has been engaged in criminal activity or alcohol abuse. In making its decision to terminate assistance, BPHA will consider alternatives as described in Section 12 -ILC and other factors described in Section 12 -ILD and 12-II.E. Upon consideration of such alternatives and factors, BPHA may, on a case-by-case basis, choose not to terminate assistance. Family Absence from the Unit [24 CFR 982.312] The family may be absent from the unit for brief periods. The PHA must establish a policy on how long the family may be absent from the assisted unit. However, the family may not be absent from the unit for a period of more than 180 consecutive days for any reason. Absence in this context means that no member of the family is residing in the unit. BPHA PolicV If the family is absent from the unit for more than 30 consecutive calendar days, the family's assistance will be terminated. Notice of termination will be sent in accordance with Section 12-II.F. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 265 of 539 BPHA may allow more than 30 days on a case-by-case need basis, but never more than 180 consecutive days. Families must notify BPHA 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, BPHA must be notified at the earliest possible time. 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. 92MOR=A BPHA will determine whether there is sufficient funding to pay for currently assisted families according to the policies in Part Vill of Chapter 16. If BPHA determines there is a shortage of funding, prior to terminating any HAP contracts, BPHA will determine if any other actions can be taken to reduce program costs. In the event that BPHA decides to stop issuing vouchers as a result of a funding shortfall, and BPHA is not assisting the required number of special purpose vouchers (NEW families, HUD -Veterans Affairs Supportive Housing (VASH) families) when BPHA resumes issuing vouchers, BPHA will issue vouchers first to the special purpose voucher families on its waiting list until it has reached the required number of special purpose vouchers, when applicable. 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. 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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 266 of 539 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 II: APPROACH TO TERMINATION OF ASSISTANCE 12-11I.A. OVERVIEW The PHA is required by regulation to terminate a family's assistance for certain actions or inactions of the family. For other types of actions or inactions of the family, the regulations give the PHA the authority 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 notification to the family of the PHA's intent to terminate assistance. 12-1111.13. METHOD OF TERMINATION [24 CFR 982.552(a)(3)] Termination of assistance for an applicant may include any or all of the following: • Terminating housing assistance payments under a current HAP contract, • Refusing to enter into a new HAP contract or approve a lease, or • Refusing to process a request for or to provide assistance under portability procedures. 12-II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE Counseling Sessions BPHA PolicV Baldwin Park Housing Authority Administrative Plan — June 2021 Page 267 of 539 Prior to proposal of termination, in most cases, BPHA may provide Counseling Sessions, in attempt to resolve or confirm violations. Counseling sessions are provided to tenants and property owners, usually offered only once per household as courtesy to clarify or resolve violations. Counseling Sessions consists of in-person meetings between BPHA staff, Head of Household and all other relevant household members. Property owners may also be included as needed. BPHA staff will inform the family of the concern for possible violations and provide the family an opportunity to clarify or explain the situation. A Counseling Session may result in any of the following: 1) The family is able to clarify the concern and BPHA determines that no violation exists. The Counseling Session is then re -designated as a tenant meeting and not counted as the one time courtesy Counsel Session. 2) BPHA determines that although the family has committed a program violation, a) the violation was a result of a misunderstanding, b) the family's honesty and commitment to correct the violation is evident, and/or c) extenuating circumstances existed and the violation has or will cease immediately such as Change in Household Composition discussed below. The family is then counseled and reminded of their family obligations under the HCV program. The Counseling Session is counted as the family's one time opportunity to ensure program compliance in the future. 3) BPHA determines that the violation is such that resulted in inappropriate HAP being made on behalf of the family, therefore, a repayment agreement is executed by the Head of Household. See Chapter 16 for policies on repayment agreements. The family is counseled and reminded of their family obligations under the HCV program. The Counseling Session is counted as the family's one time opportunity to ensure program compliance in the future. 4) BPHA determines that the violation is so egregious and/or fraudulent that termination of assistance is warranted and will be processed. Termination of assistance may also include a repayment agreement. 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 resides in the unit [24 CFR 982.552(c)(2)(ii)]. Igumumgm As a condition of continued assistance, the head of household must certify that the culpable family member(s) has vacated the unit and will not be Baldwin Park Housing Authority Administrative Plan — June 2021 Page 268 of 539 permitted to visit or to stay as a guest in the assisted unit, on a case-by- case basis. The family must present evidence of the former family member's current address upon PHA request. Repayment of Family Debts Igumumgm If a family owes amounts to BPHA, as a condition of continued assistance, BPHA will require the family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice from the BPHA of the amount owed. See Chapter 16 for policies on repayment agreements. 12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE During and after the Counseling Session, the following factors are considered with 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)]. mzz�M BPHA will use the concept of the preponderance of the evidence as the standard for making all termination 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. Use of Criminal Conviction Records after Admission [24 CFR 5.9031 The regulation at 24 CFR 5.903 governs a PHA's access to and use of criminal conviction records obtained from a "law enforcement agency" such as the National Crime Information Center (NCIC), police departments, and other law enforcement agencies that hold criminal conviction records. While the regulatory listing of permitted uses for these records includes PHA screening of applicants for admission to the HCV program, it specifically excludes the use of records for lease enforcement and eviction of HCV participants and excludes by omission a PHA's use of records to terminate assistance for participants. While a PHA has regulatory authority to use criminal conviction records for the purpose of applicant screening for admission, there is no corresponding authority to use these records to check for criminal and illegal drug activity by participants, and therefore, PHAs may not use records for this purpose. The limitations, however, do not apply to criminal conviction information searches from non-federal sources (i.e., sources other than the "law enforcement agencies" defined in 24 CFR 5.902(b)).There is no Baldwin Park Housing Authority Administrative Plan — June 2021 Page 269 of 539 prohibition that bars a PHA from using non-federal sources to conduct criminal background checks of program participants. Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] The PHA is permitted, but not required, to consider all relevant circumstances when determining whether a family's assistance should be terminated. BPHA PolicV BPHA will consider the following factors when making its decision to terminate assistance: The seriousness of the case, especially 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 to act The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities or (as discussed further in Section 12-ILE) a victim of domestic violence, dating violence, sexual assault, or stalking The length of time since the violation occurred, including the age of the individual at the time of conduct, as well as the family's recent history and the likelihood of favorable conduct in the future While a record or records of arrest will not be used as the sole basm for termination, an arrest may, however, trigger an investigation determine whether the participant actually engaged in disqualifyi criminal activity. As part of its investigation, BPHA may obtain t police report associated with the arrest and consider the report circumstances of the arrest. BPHA may also consider: I Any statements made by witnesses or the participant not included in the police report Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal Any other evidence relevant to determining whether or not the participant engaged in disqualifying activity Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 270 of 539 BPHA 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 the family includes a person with disabilities, the PHA's decision to terminate the family's assistance is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. MIZORM If a family indicates that the behavior of a family member with a disability is the reason for a proposed termination of assistance, BPHA will determine whether the behavior is related to the disability. If so, upon the family's request, BPHA will determine whether alternative measures are appropriate as a reasonable accommodation. BPHA 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. 12-II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING This section describes the protections against termination of assistance that the Violence Against Women Act of 2013 (VAWA) provides for victims of domestic violence, dating violence, sexual assault and stalking. For general VAWA requirements, key VAWA definitions, and PHA policies pertaining to notification, documentation, and confidentiality, see Section 16 -IX of this plan. VAWA Protections against Termination VAWA provides four specific protections against termination of HCV assistance for victims of domestic violence, dating violence, sexual assault or stalking. (Note: The second, third, and fourth protections also apply to terminations of tenancy or occupancy by owners participating in the HCV program as do the limitations discussed under the next heading.) First, VAWA provides that a PHA may not terminate assistance to a family that moves out of an assisted unit in violation of the lease, with or without prior notification to the PHA, if the move occurred to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.314(b)(4)]. Second, it provides that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking may not be construed either Baldwin Park Housing Authority Administrative Plan — June 2021 Page 271 of 539 as a serious or repeated lease violation by the victim or as good cause to terminate the assistance of the victim [24 CFR 5.2005(c)(1)]. Third, it provides that criminal activity directly related to domestic violence, dating violence, sexual assault or stalking may not be construed as cause for terminating the assistance of a tenant if a member of the tenant's household, a guest, or another person under the tenant's control is the one engaging in the criminal activity and the tenant or affiliated individual or other individual is the actual or threatened victim of the domestic violence, dating violence, sexual assault or stalking [24 CFR 5.2005(c)(2)]. Fourth, it gives PHAs the authority to terminate assistance to any tenant or lawful occupant who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)]. Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)] VAWA does not limit the authority of a PHA to terminate the assistance of a victim of abuse for reasons unrelated to domestic violence, dating violence, sexual assault or stalking so long as the PHA does not subject the victim to a more demanding standard than it applies to other program participants [24 CFR 5.2005(d)(1)]. Likewise, VAWA does not limit the authority of a PHA to terminate the assistance of a victim of domestic violence, dating violence, sexual assault or stalking if the PHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the assisted property if the victim is not terminated from assistance [24 CFR 5.2005(d)(2)]. HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in death or serious bodily harm [24 CFR 5.2005(d)(2) and (e)]. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: • The duration of the risk • The nature and severity of the potential harm • The likelihood that the potential harm will occur • The length of time before the potential harm would occur [24 CFR 5.2005(e)] In order to demonstrate an actual and imminent threat, the PHA must have ojective evidence of words, gestures, actions, or other indicators. Even when a victim poses an actual and imminent threat, however, HUD regulations authorize a PHA to terminate the victim's assistance "only when there are no other actions that could be taken to reduce or eliminate the threat" [24 CFR 5.2005(d)(3)]. BPHA PolicV Baldwin Park Housing Authority Administrative Plan — June 2021 Page 272 of 539 In determining whether a program participant who is a victim of domestic violence, dating violence, sexual assault or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a property, BPHA will consider the following, and any other relevant, factors: Whether the threat is toward an employee or tenant other than the victim of domestic violence, dating violence, sexual assault or stalking 0 Whether the threat is a physical danger beyond a speculative threat 0 Whether the threat is likely to happen within a short period of time Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location or seeking a legal remedy to prevent the perpetrator from acting on the threat If the participant wishes to contest the PHA's determination that he or she is an actual and imminent threat to other tenants or employees, the participant may do so as part of the informal hearing. Documentation of Abuse [24 CFR 5.2007] A PHA, owner, or management agent presented with a claim for continued or initial tenancy or assistance based on status as a victim of domestic violence, dating violence, stalking, or criminal activity related to domestic violence, dating violence, or stalking may request that the individual making the claim document the abuse. The request for documentation must be in writing. The PHA, owner, or management agent may require submission of documentation within 14 business days after the date that the individual received the request for documentation. However, the PHA, owner, or management agent may extend this time period at its discretion. The documentation required under this section: (1) May consist of a HUD -approved certification form (form HUD -50066) indicating that the individual is a victim of domestic violence, dating violence, or stalking, and that the incident or incidents in question are bona fide incidents of such actual or threatened abuse. Such certification must include the name of the perpetrator, and may be based solely on the personal signed attestation of the victim; or (2) May consist of a Federal, State, tribal, territorial, or local police report or court record; or (3) May consist of documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence, or stalking, or the effects of abuse, in which the professional attests under penalty of perjury under 28 U.S.C. 1746 to the professional's belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic Baldwin Park Housing Authority Administrative Plan — June 2021 Page 273 of 539 violence, dating violence, or stalking has signed or attested to the documentation; and (4) Shall be kept confidential by the PHA, owner, or management agent. The PHA, owner, or management agent shall not: (I) Enter the information contained in the documentation into any shared database. BPHA PolicV When an individual facing termination of assistance for reasons related to domestic violence, dating violence, sexual assault or stalking claims protection under VAWA, BPHA will request that the individual provide certification form HUD -50066 and any documentation supporting the claim in accordance with the policies in Section 16-IX.D of this plan within 14 business days after the date that the individual received the request for documentation. BPHA reserves the right to waive the certification requirement if it determines that a statement or other corroborating evidence from the individual will suffice. In such cases BPHA will document the waiver in the individual's file. Terminating the Assistance of a Domestic Violence Perpetrator Although VAWA provides protection against termination of assistance for victims of domestic violence, it does not provide such protection for perpetrators. VAWA gives the PHA the explicit authority to "terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others" without terminating assistance to "or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant" [24 CFR 5.2009(a)]. This authority is not dependent on a bifurcated lease or other eviction action by an owner against an individual family member. Further, this authority supersedes any local, state, or otherfederal law to the contrary. However, if the PHA chooses to exercise this authority, it must follow any procedures prescribed by HUD or by applicable local, state, or federal law regarding termination of assistance. This means that the PHA must follow the same rules when terminating assistance to an individual as it would when terminating the assistance of an entire family [3/16/07 Federal Register notice on the applicability of VAWA to HUD programs]. If the perpetrator remains in the unit, the PHA continues to pay the owner until the PHA terminates the perpetrator from the program. The PHA must not stop paying HAP until 30 days after the owner bifurcates the lease to evict the perpetrator. The PHA may pay HAP for the full month if the 30 -day period will end mid -month [Notice PlH 2017-08]� If the perpetrator is the only participant eligible to receive assistance, the PHA will provide any remaining participant a chance to establish eligibility for the program. If the remaining participant cannot do so, the PHA will provide them with 30 days to establish eligibility for another housing program prior to termination of the HAP contract. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 274 of 539 I--jumulam BPHA will terminate assistance to a family member if BPHA determines that the family member has committed criminal acts of physical violence against other family members or others. This action will not affect the assistance of the remaining, nonculpable family members. In making its decision, BPHA will consider all credible evidence, including, but not limited to, a signed certification (form HUD -5382) or other documentation of abuse submitted to BPHA by the victim in accordance with this Section and Section 16-IX.D. BPHA will also consider the factors in Section 12-II.D. Upon such consideration, BPHA may, on a case-by-case basis, choose not to terminate the assistance of the culpable family member. If BPHA does terminate the assistance of the culpable family member, it will do so in accordance with applicable law, HUD regulations, and the policies in this plan. 12-II.F. TERMINATION NOTICE HUD regulations require PHAs to provide written notice of termination of assistance to a family only when the family is entitled to an informal hearing. However, since the family's HAP contract and lease will also terminate when the family's assistance terminates [Form HUD -52641], it is a good business practice to provide written notification to both owner and family anytime assistance will be terminated, whether voluntarily or involuntarily. 11-12MWT-111= Whenever a family's assistance will be terminated, BPHA will send a written notice of termination to the family and to the owner. BPHA will also send a Notice regarding the Violence Against Women Act (VAWA) and form HUD - 50066 to the family with the termination notice. A family member wishing to claim protection under VAWA must provide certification form HUD -50066 and any documentation supporting the claim within 14 business days. The notice will state the date on which the termination will become effective. This date generally will be at least 30 calendar days following the date of the termination notice, but exceptions will be made whenever HUD rules, other PHA policies, or the circumstances surrounding the termination require. When BPHA notifies an owner that a family's assistance will be terminated, BPHA will, if appropriate, advise the owner of his/her right to offer the family a separate, unassisted lease. If a family whose assistance is being terminated is entitled to an informal hearing, the notice of termination that the PHA sends to the family must meet the additional HUD and PHA notice requirements discussed in Section 16-III.0 of this plan. VAWA 2013 expands notification requirements to require PHAs to provide notice of VAWA rights and the HUD 50066 form when a PHA terminates a household's housing benefits. QPHA Ep Licy Baldwin Park Housing Authority Administrative Plan — June 2021 Page 275 of 539 Whenever 13PHA decides to terminate a family's assistance because of the family's action or failure to act, BPHA will include in its termination notice the VAWA information described in section 16-IX.0 of this plan. VAWA 2013 expands notification requirements to require PHAs to provide notice of VAWA rights and the HUD 5382 form when a PHA terminates a household's housing benefits. Still other notice requirements apply in two situations: If a criminal record is the basis of a family's termination, the PHA must provide a copy of the record to the subject of the record and the tenant so that they have an opportunity to dispute the accuracy and the relevance of the record [24 CFR 982.553(d)(2)]. If immigration status is the basis of a family's termination, as discussed in Section 12-I.D, the special notice requirements in Section 16-III.D must be followed. PART III: TERMINATION OF TENANCY BY THE OWNER Falf Klvelv# ZATHATA 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. Termination of tenancy for certain reasons will also result in termination of assistance as discussed in this section. 12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310, 24 CFR 5.2005(c), 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, except when the violations are related to incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking and the victim is protected from eviction by the Violence Against Women Act of 2013 (see Section 12-II.E). A serious lease violation 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 276 of 539 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): • 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. However, in the case of criminal activity directly related to domestic violence, dating violence, sexual assault or stalking, if the tenant or an affiliated individual is the victim, the criminal activity may not be construed as cause for terminating the victim's tenancy (see Section 12-ILE). 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, or that, in the case of the State of New Jersey, is a high misdemeanor; or • Violating a condition of probation or parole imposed under federal or state law. 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 the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction. This is the case except in certain incidents where the criminal activity directly relates to domestic violence, dating violence, sexual assault, or stalking, and the tenant or an affiliated individual is the victim or threatened victim of the domestic violence, dating violence, sexual assault, or stalking. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 277 of 539 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. After the initial lease term, "other good cause" for termination of tenancy by the owner includes: 0 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; 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. If a property is subject to foreclosure, during the term of the lease, the new owner of the property does not have good cause to terminate the tenant's lease, unless the new owner will occupy the unit as their primary and has provided the tenant with at least a 90 -day notice. In that case, the lease may be terminated effective on the date of sale, although the tenant is still entitled to a 90 -day notice to vacate. See Section 13-II.G for a discussion of PHA policies relating to units in foreclosure. 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). BPHA PolicV If the eviction action is finalized in court, the owner must provide BPHA 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), 24 CFR 982.310(h)(4)] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 278 of 539 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 nature of the offending action • 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 • 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. An owner's decision to terminate tenancy for incidents related to domestic violence, dating violence, sexual assault or stalking is limited by the Violence Against Women Act of 2013 (VAWA) and the conforming regulations in 24 CFR Part 5, Subpart L (see Section 12-II.E). 12-III.E. EFFECT OF TENANCY TERMINATION 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). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 279 of 539 EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS Following is a listing of a participant family's obligations under the HCV program: (a) Supplying required information • 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.(24 CFR 982.551 (b)(1)) • 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.(24 CFR 982.551 (b)(2)) • The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information. .(24 CFR 982.551 (b)(3)) • Any information supplied by the family must be true and complete. (24 CFR 982.551 (b)(4)) (b) HQS breach caused by family 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. (24 CFR 982.551 (c)) BPHA PolicV Damages beyond normal wear and tear will be considered to be damages which could be assessed against the security deposit. (c) Allowing PHA inspection 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.(24 CFR 982.551 (d)) (d) Violation of lease The family must not commit any serious or repeated violation of the lease. (24 CFR 982.551 (e)) BPHA PolicV BPHA 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, police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge. Serious and repeated lease violations will include, but not limited to, nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises, and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Any Baldwin Park Housing Authority Administrative Plan — June 2021 Page 280 of 539 incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault or stalking will not be construed as serious or repeated lease violations by the victim [24 CFR 5.2005(c)(1)]. Under 24 CFR 5.2005(c)(1), an incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation by the victim or threatened victim of domestic violence, dating violence, or stalking, or as good cause to terminate the tenancy, occupancy rights, or assistance of the victim. Family notice of move or lease termination The family must notify the PHA and the owner before the family moves out of the unit, or terminates the lease on notice to the owner. (24 CFR 982.551 (f)) 1,190WERNM 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. Owner eviction notice The family must promptly give the PHA a copy of any owner eviction notice. (24 CFR 982.551 (g)) Use and occupancy of unit The family must use the assisted unit for residence by the family. The unit must be the family's only residence. (24 CFR 982.551 (h)(1)) The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly inform 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. No other person [i.e., nobody but members of the assisted family] may reside in the unit (except for a foster child or live-in aide as provided in paragraph (h)(4) of this section).(24 CFR 982.551(h)(2)) Imumumgm 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. (24 CFR 982.551 (h)(3)) 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 281 of 539 Chapter 3 (Sections IX and I.M), and Chapter 11 (Section 11.13). (24 CFR 982.551 (h)(4)) Members of the household may engage in legal profitmaking activities in the unit, but only if such activities are incidental to primary use of the unit for residence by members of the family. (24 CFR 982.551 (h)(5)) The family must not sublease or let the unit. (24 CFR 982.551 (h)(6)) The family must not assign the lease or transfer the unit.(24 CFR 982.551 (h)(7)) NaMORM 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. (i) Absence from unit The family must supply any information or certification requested by the PHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA -requested information or certification on the purpose of family absences. The family must cooperate with the PHA for this purpose. (24 CFR 982.551 (i)) The family must promptly notify the PHA when the family is absent from the unit. (24 CFR 982.551 (i)) mzz�E 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]. Interest in unit 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). (24 CFR 982.5510)) (k) Fraud and other program violation Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program. (24 CFR 982.551 (k)) See Chapter 14, Program Integrity, for additional information. Crime by household members 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 282 of 539 immediate vicinity of the premises. See Chapter 12 for HUD and PHA policies related to drug-related and violent criminal activity. (24 CFR 982.551 (1)) Under 24 CFR 5.2005(c)(2), criminal activity directly related to domestic violence, dating violence, or stalking, engaged in by a member of a tenant's household or any guest or other person under the tenant's control, shall not be cause for termination of tenancy, occupancy rights, or assistance of the victim, if the tenant or immediate family member of the tenant is the victim. Alcohol abuse by household members Members of the household must not abuse 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. (24 CFR 982.551(m)). See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse. Other housing assistance • An assisted family, or members of the family, must not receive HCV program assistance (Section 8 tenant -based assistance) while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program. (24 CFR 982.551 (n)) • 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, Vouched Baldwin Park Housing Authority Administrative Plan — June 2021 Page 283 of 539 Chapter 13 OWNERS INTRODUCTION Owners play a major 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 41 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. The chapter is organized in two parts: Part 1: Owners in the HCV Program. This part discusses the role of an owner in the PHA's HCV program and highlights key owner rights and responsibilities. Part 11: 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 1. OWNERS IN THE HCV PROGRAM 13-I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs] 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. To accomplish this objective, PHAs must identify and recruit new owners to participate in the program. If the PHA will be conducting outreach events, the PHA must ensure that notices and communications during outreach events are provided in a manner that is effective for persons with hearing, visual, and other communications -related Baldwin Park Housing Authority Administrative Plan — June 2021 Page 284 of 539 disabilities. PHAs must also take reasonable steps to ensure meaningful access to programs to persons with limited English proficiency. BPHA PolicV BPHA will conduct owner outreach to ensure that owners are familiar with the program and its advantages. BPHA will actively recruit property owners with properties located outside areas of poverty and minority concentration. These outreach strategies will include: Distributing printed material about the program to property owners and managers by mail or through social media Contacting property owners and managers by phone or in- person Participating in community based organizations comprised of private property and apartment owners and managers Developing working relationships with owners, apartment associations, industry investor groups, and real estate brokers associations To the extent practical, partnering with and attending events hosted by other area agencies to deliver information about the HCV program. 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. BPHA Policy 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. BPHA will provide owners with a handbook that explains the program, including HUD and PHA policies and procedures, in easy -to -understand language. BPHA will give special attention to helping new owners succeed through activities such as: Providing the owner with a designated BPHA contact person. Coordinating inspection and leasing activities between BPHA, the owner, and the family. Initiating telephone contact with the owner to explain the inspection process, and providing an inspection booklet and Baldwin Park Housing Authority Administrative Plan — June 2021 Page 285 of 539 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. 13-I.B. BASIC HCV PROGRAM REQUIREMENTS HUD requires the PHA to assist 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 CFR982.301 (b)(1 1)]. BPHA PolicV 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 BPHA. BPHA maintains a list of interested landlords/list of units available and provides this listing to the HCV family as part of the 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 unassisted 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 RFTA 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 details on request for tenancy approval policies and process. HUD regulations stipulate requirements for the approval of an assisted tenancy. The owner must be qualified to participate in the program [24 CFR 982.306]. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 286 of 539 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. See Chapter 9 for more detail on unit eligibility policies and process. 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 least annually to ensure that the unit continues to meet HQS requirements. See Chapter 8 for a discussion of the HQS standards and policies for HQS inspections at initial lease -up and throughout the family's tenancy. The PHA must determine that the proposed rent for 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, if the gross rent exceeds the applicable payment standard, the PHA must ensure that the family share does not exceed 40 percent of the family's monthly adjusted income [24 CFR 982.305(a)]. 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 982.308]. Owners are encouraged to use their standard leases when renting to an assisted family. The HUD Tenancy Addendum includes the HUD requirements governing the tenancy and must be added word-for-word to the owner's lease. See Chapter 9 for a discussion of the dwelling lease and tenancy addendum, including lease terms and provisions. The PHA and the owner must execute a Housing Assistance Payment (HAP) Contract (Form HUD -52641). The HAP contract format is prescribed by HUD. See Chapter 9 for a discussion of the HUD requirements for execution of the HAP contract. 13-I.C. OWNER RESPONSIBILITIES [24 CFR 982.452] The basic owner responsibilities in the HCV program are outlined in the regulations as follows: Compliance with 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; 0 Complying with equal opportunity requirements; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 287 of 539 • Preparing and furnishing to the PHA information required under the HAP contract; • Collecting the security deposit, the tenant rent, and any charges for unit damage by the family; • Enforcing tenant obligations under the dwelling lease; • Paying for utilities and services that are not the responsibility of the family as specified in the lease; Allow reasonable modifications to a dwelling unit occupied or to be occupied by a disabled person [24 CFR 100.203]; Complying with the Violence Against Women Reauthorization Act of 2013 (VAWA) when screening prospective HCV tenants or terminating the tenancy of an HCV family (see 24 CFR Part 5, Subpart L; 24 CFR 982.310(h)(4); and 24 CFR 982.452(b)(1)) 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 G13 p. 11 -2] The PHA must not approve a tenancy 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. Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] 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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 288 of 539 • 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 the following [HCV Guidebook pp.1 1-2 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 be an appearance of impropriety if the waiver were granted; • Statement regarding alternative existing housing available for lease under the HCV program or other assisted housing if the waiver is denied; • If the case involves a hardship for a particular family, statement of the circumstances and discussion of possible alternatives; • If the case involves a public official or member of the governing body, explanation of his/her duties under state or local law, including reference to any responsibilities involving the HCV program; • If the case involves employment of a family member by the 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. QPHA Policy Baldwin Park Housing Authority Administrative Plan — June 2021 Page 289 of 539 In considering whether to request a conflict of interest waiver from HUD, BPHA will consider certain factors; such as consistency of the waiver 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, to disapprove a request for tenancy for various actions and inactions of the owner. 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]. BPHA PolicV BPHA will refuse to approve a request for tenancy if BPHA 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; • 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 BPHA, 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 290 of 539 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 BPHA Policy on legal ownership of a dwelling unit to be assisted under the HCV program. BPHA PolicV BPHA 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 property taxes for most recent year 13-I.E. NON -DISCRIM I NATION [HAP Contract — Form HUD -52641] 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. See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity requirements in the HCV program. PART Ill. 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 the family approved by the PHA to occupy the 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 291 of 539 a manufactured home and use their assistance to lease the space for the manufactured home. See Chapter 15 for a discussion of any special housing types included in the PHA's HCV program. When the PHA has determined that the unit meets program requirements and the tenancy is approvable, PHA and owner must execute the HAP contract. See Chapter 9 for a discussion of the leasing process, including provisions for execution of the HAP contract. 13-1111.113. 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, the names of the tenant and all household members, the address of the contract unit, start and end dates of initial lease term, the amount of initial monthly rent to owner, the amount of the initial housing assistance payment, the utilities and appliances to be supplied by owner and tenant, and the signatures of the PHA representative and owner [HCV Guidebook, pp 11 -10 and 11 -11 ]. 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. PHAs also 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). BPHA PolicV BPHA will not make any modifications to the HAP contract. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 292 of 539 • 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 TenancyAddendum (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 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. 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 and the HAP payment is equal to the rent to owner as specified in the lease. 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 rent to 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 CFR 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 thelease. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 293 of 539 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 details 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 H U D-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 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 late 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. 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 [24 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. BPHA PolicV Baldwin Park Housing Authority Administrative Plan — June 2021 Page 294 of 539 The owner must inform BPHA when the owner has initiated eviction proceedings against the family and the family continues to reside in the unit. The owner must inform BPHA when the owner has obtained a court judgment or other process allowing the owner to evict the tenant, and provide BPHA 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, BPHA 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 BPHA of the date when the family actually moves from the unit or the family is physically evicted from the unit. 13-1111.11). BREACH OF HAP CONTRACT [24 CFR 982.453] 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 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 of the HAP contract. The PHA may also obtain additional relief by judicial order or action. 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. 111,19 WI�M Baldwin Park Housing Authority Administrative Plan — June 2021 Page 295 of 539 Before BPHA invokes a remedy against an owner, BPHA will evaluate all information and documents available to determine if the contract has been breached. If relevant, BPHA 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, BPHA 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. 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]: 0 The owner or the family terminates the lease; 0 The lease expires; 0 The PHA terminates the HAP contract; 0 The PHA terminates assistance for the family; 0 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. 0 180 calendar days have elapsed since the PHA made the last housing assistance payment to the owner; 0 The family is absent from the unit for longer than the maximum period permitted by the PHA; 0 The Annual Contributions Contract (ACC) between the PHA and HUD expires 0 The PHA elects to terminate the HAP contract. BPHA Policy BPHA 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]; 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 CIFIR 982.404] — See Chapter 8; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 296 of 539 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]. MNMMB=A In all cases, the HAP contract terminates at the end of the calendar month that follows the calendar month in which BPHA gives written notice to the owner. The owner is not entitled to any housing assistance payment after this period, and must return to BPHA 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 GIB, p. 8-22]. 13-11I.F. CHANGE IN OWNERSHIP / 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. BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 297 of 539 Within 10 business days of receiving the owner's request, BPHA will inform the current owner in writing whether the assignment may take place. The new owner must provide a written certification to BPHA 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 • A certification 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. 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. 13-II.G. FORECLOSURE [Notice PIH 2010-49] Families receiving HCV assistance are entitled to certain protections set forth under the Protecting Tenants at Foreclosure Act (PTFA). During the term of the lease, the new owner of the property does not have good cause to terminate the tenant's lease, unless the new owner will occupy the unit as their primary residence and has provided the tenant with at least a 90 -day notice. In that case, the lease may be terminated effective on the date of sale, although the tenant is still entitled to a 90 -day notice to vacate, Further, the new owner assumes interest in the lease between the prior owner and the tenant and to the HAP contract. Any state or local law that provides longer time periods or other additional protections for tenants also applies. 1102=1111� If a property is in foreclosure, the PHA will make all reasonable efforts to determine the status of the foreclosure and ownership of the property and will continue to make payments to the original owner until ownership legally transfers in accordance with the HAP contract. Continue to make payments to the original owner until ownership legally transfers in accordance with the HAP contract. BPHA will attempt to obtain a written acknowledgement of the assignment of the HAP contract from the successor in interest. This will include a request for owner information, such as a tax identification number and payment instructions from the new owner. Even if the new owner does not Baldwin Park Housing Authority Administrative Plan — June 2021 Page 298 of 539 acknowledge the assignment of the HAP contract in writing, the assignment is still effective by operation of law. BPHA will inform the tenant that they must continue to pay rent in accordance with the lease, and if the new owner refuses to accept payment or cannot be identified, the tenant should pay rent into escrow. Failure to pay rent may constitute an independent ground for eviction. In the event that BPHA is unable to make HAP payments to the new owner due an action or inaction by the new owner that prevents such payments (e.g., rejection of payments or failure to maintain the property according to HQS), or due to an inability to identify the new owner, BPHA may either use the funds to pay: The utilities that are the owner's responsibility after taki reasonable steps to notify the owner; except that if the unit has be or will be rendered uninhabitable due to termination or threat termination of service, prior notice is not required. In the latter cas the PHA shall notify the owner within a reasonable time after maki the utility payment, or For the family's reasonable moving costs, including security deposit cost& BPHA should also refer the tenant, as needed, to the local legal aid office in order to ensure adequate protection of the tenant's rights and enforcement of the successor in interest's performance under the HAP contract. Make reasonable inquiries to determine whether the unit, in addition to having a tenant receiving HCV assistance, will be or has been assisted under the Neighborhood Stabilization Program (NSP). For further guidance on cases where the units have been assisted under the NSP, see Notice PIH 2010-49. PHAs are also required to notify HCV applicants who have been issued a voucher, participant heads of household, and current and prospective owners of HCV - assisted housing of the protections afforded to tenants under the PTFA. BPHA PolicV BPHA will provide all HCV applicants that have been issued a voucher with information regarding the Protecting Tenants at Foreclosure Act (PTFA) at admission (see Section 5-1.13). BPHA will provide information regarding the PTFA to prospective owners when they begin their participation in the HCV program and to current HCV owners one time with the monthly HAP. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 299 of 539 See Section 12-111.13 for discussion of foreclosure as it pertains to owner termination of tenancy. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 300 of 539 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 1: Preventing, Detecting, and Investigating Errors and Program Abuse. This part presents PHA policies related to preventing, detecting, and investigating errors and program abuse. Part II: Corrective Measures and Penalties. This part describes the corrective measures the PHA must and may take when errors or program abuses are found. PART 1: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful tool for preventing errors and program abuse. PHAs are required to use the EIV system in its entirety in accordance with HUD administrative guidance [24 CFR 5.233]. PHAs are further required to: • Provide applicants and participants with form HUD -52675, "Debts Owed to PHAs and Terminations" • Require all adult members of an applicant or participant family to acknowledge receipt of form HUD -52675 by signing a copy of the form for retention in the family file BPHA PolicV BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 301 of 539 The PHA will provide each applicant and participant with a copy of "Is Fraud Worth It?" (Form HUD -1 141 -01G), which explains the types of actions a family must avoid and the penalties for program abuse. The PHA is required to provide each applicant and participant with a copy of "What You Should Know About EIV," a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment to Notice PIH 2017-12. In addition, the PHA will require the head of each household to acknowledge receipt of the guide by signing a copy for retention in the family file. The PHA will place a warning statement about the penalties for fraud (as described in the 18 U.S.C. 1001 and 1010 (False Statement Act, U.S.C. 1001 and 1010)) on key PHA forms and form letters that request information from a family or owner. PHA staff will be required to review and explain the contents of all HUD- and PHA - required forms prior to requesting family member signatures. At every regular reexamination, PHA staff will explain any changes in HUD regulations or PHA Policy that affect program participants. The PHA will require first-time owners (or their agents) to participate in a briefing session on HAP contract requirements. The PHA will provide owners with ongoing information about the program, with an emphasis on actions and situations to avoid. 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 985]. (See Chapter 16 for additional information about SEMAP requirements). BPHA PolicV In addition to the SEMAP quality control requirements, BPHA will employ a variety of methods to detect errors and program abuse. BPHA routinely will use HUD and other non -HUD sources of up -front income verification. This includes The Work Number and any other private or public databases available to BPHA. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 302 of 539 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. BPHA will compare family -reported income and expenditures to detect possible unreported income. Independent Audits and HUD Monitoring OMB Circular A-1 33 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. MEMO= BPHA 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 BPHA's error detection and abuse prevention efforts. Individual Reporting of Possible Errors and Program Abuse mamng= BPHA will encourage staff, program participants, and the public to report possible program abuse. 14-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE When the PHA Will Investigate NO== BPHA 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 BPHA 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. BPHA will investigate when inconsistent or contradictory information is detected 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 sign consent forms for the release of additional information. Analysis and Findings Imummagm Baldwin Park Housing Authority Administrative Plan — June 2021 Page 303 of 539 BPHA 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 BPHA will determine (1) whether an error or program abuse has occurred, (2) whether any amount of money is owed to BPHA, 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. MEMO= In the case of family -caused errors or program abuse, BPHA 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. In the case of owner -caused errors or program abuse, BPHA 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 BPHA PolicV BPHA 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 BPHA 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 14-11I.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 304 of 539 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. Imumumgm Increases in the family share will be implemented only on the first of the month following a written 30 -day 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. 14-11I.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] Nammu=A In the case of family -caused errors or program abuse, the family will be required to repay any excess subsidy received. BPHA 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, BPHA will terminate the family's assistance in accordance with the policies in Chapter 12. PHA Reimbursement to Family [HCV GB p. 22-12] BPHA PolicV BPHA will not reimburse the family for any underpayment of assistance when the underpayment clearly is caused by the family. �Me 111,61=_ lky-IT4 0=1 I An applicant or participant in the HCV program must not knowingly: 0 Make a false statement to the PHA [Title 18 U.S.C. Section 1001]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 305 of 539 Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.552(c)(iv)]. BPHA PolicV Any of the following will be considered evidence of family program abuse: Payment to the owner in excess of amounts authorized by BPHA for rent, security deposit, and additional services Offering bribes or illegal gratuities to the Housing Authority Board members, 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 BPHA on the family's behalf 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 PHA 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. 14-111I.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 306 of 539 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. 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]. BPHA Policy In cases where the owner has received excess subsidy, BPHA 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: BPHA Policy Any of the following will be considered evidence of owner program abuse: Charging the family rent above or below the amount specified by BPHA 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 Housing Authority Board members, employees, contractors, or other BPHA representative Offering payments or other incentives to an HCV family as an inducement for the family to make false or misleading statements to BPHA Residing in the unit with an assisted family Committing sexual or other harassment, either quid pro quo or hostile environment, based on the protected classes defined in Chapter 2 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 307 of 539 Retaliating against any applicant or participant reporting/alleging sexual or other harassment, either quid pro quo or hostile environment, based on the protected classes defined in Chapter 2 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. 14-11.11). 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 BPHA PolicV Any of the following will be considered evidence of program abuse by BPHA staff: Failing to comply with any HCV program requirements for personal gain Baldwin Park Housing Authority Administrative Plan — June 2021 Page 308 of 539 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 BPHA 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 BPHA PolicV When BPHA determines that program abuse by an owner, family, or BPHA staff member has occurred and the amount of overpaid subsidy meets or exceeds the threshold for prosecution under local or state law, BPHA 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. 14-11I.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: 0 50 percent of the amount it actually collects from a judgment, litigation (including settlement of a lawsuit) or an administrative repayment agreement, or 0 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 309 of 539 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 310 of 539 Chapter 15 SPECIAL HOUSING TYPES [24 CFR 982 Subpart M] TiT, FJq*Ts1FrA-ff0YL 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. QPHA Policy 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 1: Single Room Occupanc Part 11: Congregate Housing Part III: Group Homes Part IV: Shared Housing Part V: Cooperative Housing Part VI: Manufactured Homes (including manufactured home space rental) Part VII: HomeownershiD PART 1. SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 311 of 539 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. 15-11.13. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION The payment standard for SRO housing is 75 percent of the zero -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. 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]. Sanitaty 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 312 of 539 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 11. CONGREGATE HOUSING [24 CFR 982.606 through 982.609] 15-11I.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. 15-1111.113. 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 zero -bedroom unit. If the unit has two or more rooms (other than the bathroom and the kitchen), the PHA must use the one -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._ Baldwin Park Housing Authority Administrative Plan — June 2021 Page 313 of 539 The residents' costs for food service should not be included in the rent for a congregate housing unit. 15-11I.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. 0 The housing quality standards applicable to lead-based paint do not apply. PART Ill. GROUP HOME [24 CFR 982.610 through 982.614 and HCV G13 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. 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. 15-11111.113. 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 zero- or one -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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 314 of 539 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. Sanitaty 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. 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: M Dangerous walks or steps Baldwin Park Housing Authority Administrative Plan — June 2021 Page 315 of 539 • 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. The housing quality standards applicable to lead-based paint do not apply. PART IV. SHARED HOUSING [24 CFR 982.615 through 982.618] 15-IV.A. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 316 of 539 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. Example: A family holds a 2 -bedroom voucher. The family decides to occupy 3 out of 4 bedrooms available in the unit. The utility allowance for a 4-bedroorn unit equals $200 The utility allowance for a 2 -bedroom unit equals $100 The prorata share of the utility allowance is $150 (3/4 of $200) The PHA will use the 2-bedroorn utility allowance of $1 M 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. 15-IV.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 zero -bedroom or one -bedroom unit may not be used for shared housing. PART V. COOPERATIVE HOUSING [24 CFR 982.619] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 317 of 539 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. 154.13. 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. 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; FR Notice 1/18/17] 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 318 of 539 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. 15-VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION [FR Notice 1/18/17] Payment Standards The PHA payment standard for manufactured homes is determined in accordance with 24 CFR 982.505 and is the payment standard used for the PHA's HCV program. It is based on the applicable FIVIR for the area in which the manufactured home space is located. The payment standard for the family is the lower of the family unit size (voucher size) or the payment standard for the number of bedrooms in the manufactured home. 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. If the amount of the monthly assistance payment for a family exceeds the monthly rent for the manufactured home space (including the owner's monthly management and maintenance charges), the PHA may pay the remainder to the family, lender, or utility company. Space Rent The rent for the manufactured home space (including other eligible housing expenses) is the total of: • The rent charged for the manufactured home space, • Owner maintenance and management charges for the space, - Baldwin Park Housing Authority Administrative Plan — June 2021 Page 319 of 539 - The monthly payments made by the family to amortize the cost of purchasing the manufactured home, including any required insurance and property taxes, and , The applicable allowance for tenant -paid unities. Amortization Costs The monthly payment made by the family to amortize the cost of purchasing the manufactured home is the debt service established at the time of application to a lender for financing the purchase of the manufactured home if monthly payments are still being made. Any increase in debt service due to refinancing after purchase of the home may not be included in the amortization cost. Debt service for set-up charges incurred by a family may be included in the monthly amortization payments made by the family. In addition, set-up charges incurred before the family became an assisted family may be included in the amortization cost if monthly payments are still being made to amortize the charges. 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 manufactured home space rent (including other eligible housing expenses) 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: 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] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 320 of 539 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 described in the regulations: monthly homeownership assistance payments and single down payment assistance grants. However, PHAs may not offer down payment assistance until and unless funding is allocated by Congress, Since this has not yet happened, only monthly homeownership assistance may be offered. 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. 0 The family must have been admitted to the Housing Choice Voucher program 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 321 of 539 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 meets 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) 15-VII.C. SELECTION OF FAMILIES [24 CFR 982.626] 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 CFIR 982.628] 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; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 322 of 539 - 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. • 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. 15-VII.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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 323 of 539 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; • 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 982.631] 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 324 of 539 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. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 325 of 539 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 0). 15-VII.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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 326 of 539 • 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 payments 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 elsewhere in this plan for the Housing Choice Voucher program. The payment standard for a family is the greater of (i)The payment standard as determined at the commencement of homeownership assistance for occupancy of the home, or (ii)The payment standard at the most recent regular reexamination of family income and composition since the commencement of homeownership assistance for occupancy of the home. 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. However, a PHA may grant relief from this requirement in those cases where automatic termination would result in extreme hardship for 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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 327 of 539 • 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; • 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 328 of 539 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. The PHA may deny permission to move to a new unit with continued voucher assistance: 0 If the PHA has insufficient funding to provide continued 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: 0 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 329 of 539 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 and in accordance with its own policy, with the exception of failure to meet obligations under the Family Self -Sufficiency program as prohibited under the alternative requirements set forth in FIR Notice 12/29/14. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 330 of 539 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 1: Administrative Fee Reserve. This part describes the PHA's policies with regard to oversight of expenditures from its administrative fee reserve. Part I I: 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 Vll: 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. Part IX Violence Against Women Act (VAWA): Notification, Documentation, and Confidentialit . This part contains key terms used in VAWA and describes requirements related to notifying families and owners about their rights and responsibilities under VAWA; requesting documentation from Baldwin Park Housing Authority Administrative Plan — June 2021 Page 331 of 539 victims of domestic violence, dating violence, sexual assault and stalking; and maintaining the confidentiality of information obtained from victims. PART 1: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] The PHA will maintain administrative fee reserves, or unrestricted net assets (UNA) for the program to pay program administrative expenses in excess of administrative fees paid by HUD for a PHA fiscal year. HUD appropriations acts beginning with FFY 2004 have specified that administrative fee funding may be used only for activities related to the provision of HCV assistance, including related development activities. Notice PIH 2012-9 cites two examples of related development activities: unit modification for accessibility purposes and development of project -based voucher units. The notice makes clear that other activities may also qualify as related development activities. Administrative fees that remain in the UNA account from funding provided prior to 2004 may be used for "other housing purposes permitted by State and local law", in accordance with 24 CFR 982.155(b)(1). If the PHA has not adequately administered its HCV program, HUD may prohibit use of funds in the UNA Account and may direct the PHA to use funds in that account to improve administration of the program, for HCV HAP expenses, or to reimburse ineligible expenses in accordance with the regulation at 24 CFR 982.155(b)(3). HUD requires the Housing Authority Board or other authorized officials to establish the maximum amount that may be charged against the UNA Account without specific approval. BPHA Policy Expenditures from the UNA account will be made in accordance with all applicable federal requirements. Expenditures will not exceed $10,000 per occurrence without the prior approval of the Housing Authority Board. PART II: SETTING PROGRAM STANDARDS AND SCHEDULES 16-11I.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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 332 of 539 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). BPHA PolicV Copies of the payment standard and utility allowance schedules are available for review in BPHA's offices during normal business hours. Families, owners, and members of the public may submit written comments on the schedules discussed in this part, at any time, for consideration during the next revision cycle. BPHA 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. Establishing and updating the PHA passbook rate, which is used to calculate imputed income from assets, is covered in Chapter 6 (see Section 6-1.G). 16-1111.113. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, Chapter 7] The payment standard sets the maximum subsidy payment a family can receive from the PHA each month [24 CFR 982.505(a)]. 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 FIVIR 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 FIVIR area within the PHA's jurisdiction, and for each unit size within each of the FIVIR areas. For each unit size, the PHA may establish a single payment standard amount for the whole FIVIR area, or may set different payment standards for different parts of the FIVIR 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 FIVIR for each unit size. Updating Payment Standards When HUD updates its FIVIRs, 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)]. BPHA Polic BPHA will review the appropriateness of the payment standards on an annual basis when the new FIVIR is published, and at other times as determined necessary. In addition to ensuring the payment standards are always within the "basic range", BPHA will consider the following factors Baldwin Park Housing Authority Administrative Plan — June 2021 Page 333 of 539 when determining whether an adjustment should be made to the payment standard schedule: Funding Availability: BPHA 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. BPHA 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, BPHA will consider increasing the payment standard. In evaluating rent burdens, BPHA will not include families renting a larger unit than their family unit size. Quality of Units Selected: BPHA may 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: BPHA 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: BPHA 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: BPHA 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. Effective Dates of changes to payment standard amounts will be determined at time of update, The PHA will always ensure the payment standards will be within the basic range. Exception Payment Standards [982.503(c)(5), Notice PIH 2018-01] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 334 of 539 to owner may not exceed the new exception payment standard amount, provided the rent is still reasonable. A PHA that adopts an exception payment standard area must revise its briefing materials to make families aware of the exception payment standard and the area that it covers. 1 11 11 z I' In I I I PHAs that administer vouchers in a metropolitan area where the adoption of small area FMRs (SAFMRs) is not required may request approval from HUD to voluntarily adopt SAFMRs. SAFMRs may be voluntarily adopted for one or more zip code areas. BPHA EpLlicy The PHA will not voluntarily adopt the use of SAFMRs except to establish exception payment standards in certain zip code areas. Unit -by -Unit Exceptions [24 CFR 982.503(b), 24 CFR 982.505(d), Notice PIH 2010-26] 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. This type of exception does not affect the PHA's payment standard schedule. See Chapter 2 for a discussion of reasonable accommodations. 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 FIVIR 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. Emma= 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, BPHA 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 (40%) of adjusted monthly income; and 0 The rent for the unit is reasonable. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 335 of 539 "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 FIVIR (the 50th , rather than the 40th percentile FIVIR). 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 (75%) 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 (110%) of the published FIVIR; 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 FIVIR 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 FIVIR 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 payment standard if the family share for more than 40 percent (40%) of program participants exceeds 30 percent (30%) of adjusted monthly income. 16-11I.C. UTILITY ALLOWANCES [24 CFR 982.517] 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 336 of 539 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. BPHA Polic BPHA 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 BPHA 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. 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 (10%) 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. 16-III.A. OVERVIEW Both applicants and participants have the right to disagree with, and appeal certain decisions of the PHA that may adversely affect them. PHA decisions that may be appealed by applicants and participants are discussed in this section. The process for applicant appeals of PHA decisions is called the "informal review." For participants (or applicants denied admission because of citizenship issues), the appeal process is called an "informal hearing". PHAs are required to include informal review procedures for applicants, and informal hearing procedures for participants in their administrative plans [24 CFR 982.54(d)(12) and (13)]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 337 of 539 i V511111141111 I � U81 :4 Ji F -Al WN W17NEW. 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 60, no. 127 (3 July 1995): 34690]. Decisions Subject to Informal Review [24 CFR 982.554(a) and (c)] The PHA must give an applicant the opportunity for an informal review of a decision denying assistance [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)]: • Discretionary administrative determinations by the PHA • General policy issues or class grievances • A determination of the family unit size under the PHA subsidy standards • A PHA determination not to approve an extension of a voucher term • A PHA determination not to grant approval of the tenancy • 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 QPHA Ep Licy The PHA will only offer an informal review to applicants for whom assistance is being denied. Denial of assistance includes: 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. Notice to the Applicant [24 CFR 982.554(a)] 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. Baldwin Park Housing Authority Administrative Plan - June 2021 Page 338 of 539 Scheduling an Informal Review MaMM A request for an informal review must be made in writing and delivered to BPHA 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 BPHA's denial of assistance. BPHA must schedule and send written notice of the informal review within 20 business days of the family's request. If the informal review will be conducted remotely, at the time the PHA notifies the family of the informal review, the family will be informed: Regarding the processes to conduct a remote informal review; That, if needed, BPHA will provide technical assistance prior to and during the informal review; and That if the family or any individual witness has any technological, resource, or accessibility barriers preventing them from fully accessing the remote informal review, the family may inform BPHA and BPHA will assist the family in either resolving the issues or allow the family to participate in an in-person informal review, as appropriate. 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. 1,110MY-111= Informal reviews will be conducted by review of written objections. If additional information is necessary, a meeting will be provided with the applicant to provide oral objections. However, if written objections are sufficient, BPHA may make determinations based on written. 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. There is no requirement that informal reviews be conducted in-person and, as such, HUD allows PHAs to conduct all or a portion of their informal review remotely either over the phone, via video conferencing, or through other virtual platforms. If the PHA chooses to conduct remote informal reviews, applicants may still request an in-person informal review, as applicable. BPHA Egli icy Baldwin Park Housing Authority Administrative Plan — June 2021 Page 339 of 539 BPHA has the sole discretion to require that informal reviews be conducted remotely in case of local, state, or national physical distancing orders, and cases of inclement weather or natural disaster. necessary, or reasonable accommodation, will depend on the specific circumstances and requirements. As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to remote informal reviews, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote informal reviews. III �1111�111=1 Baldwin Park Housing Authority Administrative Plan — June 2U21 r*12MOM BPHA will conduct remote informal reviews via a video conferencing platform, when available. If, after attempting to resolve any barriers, applicants are unable to adequately access the video conferencing platform at any point, or upon applicant request, the informal review will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in at any point, the remote informal review will be postponed, and an in-person alternative will be provided promptly within a reasonable time. At least five business days prior to scheduling the remote review, BPHA will provide the family with login information and/or conferencing call-in information and an electronic and/or physical copy of all materials being presented via first class mail and/or email, The notice will advise the family of technological requirements for the hearing and request the family notify BPHA of any known barriers, BPHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person hearing. If the informal review is to be conducted remotely, BPHA will require the family to provide any documents directly relevant to the informal review at least 24 hours before the scheduled review through the mail or via email. BPHA will scan and email copies of these documents to BPHA representative the same day. Documents will be shared electronically whenever possible. BPHA will follow up the email with a phone call and/or email to the applicant at least one business day prior to the remote informal review to ensure that the applicant received all information and is comfortable accessing the video conferencing or call-in platform. BPHA will ensure that all electronic information stored or transmitted with respect to the informal review is secure, including protecting personally identifiable information (Pit), and meets the requirements for accessibility for persons with disabilities and persons with LEP. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 341 of 539 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. QPHA Policy In rendering a decision, BPHA will evaluate the following matters: • Whether or not the grounds for denial were stated factually in the notice to the family. • The validity of the 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. BPHA 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, BPHA will uphold the decision to deny assistance. • If the facts prove the grounds for denial, and the denial is discretionary, BPHA will consider the recommendation of the person conducting the informal review in making the final decision whether to deny assistance. In making its final determination, BPHA will proceed with the following: • BPHA 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 meeting if scheduled, the denial of admission will stand and the family will be so notified. 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555] 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: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 342 of 539 • Refusing to enter into a HAP contract or approve a lease • Terminating housing assistance payments under an outstanding HAP contract • Refusing to process or provide assistance under portability procedures Decisions Subject to Informal Hearing 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 of a voucher term • A PHA determination not to approve a unit or tenancy • 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 343 of 539 A determination by the PHA to exercise or not to exercise any right or remedy against an owner under a HAP contract MEMO= BPHA will only offer participants the opportunity for an informal hearing when required to by the regulations and if the PHA denies a request for a reasonable accommodation (see Chapter 2). There is no requirement that informal hearings be conducted in-person, and as such, HUD allows PHAs to conduct all or a portion of their informal hearings remotely either over the phone, via video conferencing, or through other virtual platforms. If the PHA chooses to conduct remote informal hearings, applicants may still request an in-person informal hearing, as applicable. 13PHA Eglicy 13PHA has the sole discretion to require that informal hearings be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. In addition, BPHA will conduct an informal hearing remotely upon request as a reasonable accommodation for a person with a disability, if a participant does not have child care or transportation that would enable them to attend the informal hearing, or if the participant believes an in- person hearing would create an undue health risk. BPHA will consider other III Ii INFIRM 1111 11:1 110 R 11 1 1 � : I I . . . . . . . . . . . . . . As with in-person informal hearings, the platform for conducting remote informal hearings must be accessible to persons with disabilities and the informal hearings R::wst-lae GGIn4I This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and independence of the individual. PHAs may never request or require that individuals with disabilities provide their own auxiliary aids or services, including for remote informal hearings, AN MTJ Baldwin Park Housing Authority Administrative Plan — June 2021 Page 344 of 539 Chapter 2 for a more detailed discussion of reasonable accommodation requirements. If no method of conducting a remote informal hearings is available that appropriately accommodates an individual's disability, the PHA may not hold against the individual his or her inability to participate in the remote informal hearing, and the PHA should consider whether postponing the remote hearing to a later date is appropriate or whether there is a suitable alternative. Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation will depend on the specific circumstances and requirements. As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to remote informal hearings, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote informal hearings. � Mll_�ff 02MCM-1 BPHA will conduct remote informal hearings via a video conferencing platform, when available. If, after attempting to resolve any barriers, participants are unable to adequately access the video conferencing platform at any point, or upon request, the informal hearing will be conducted by telephone conferencing call-in, If the family is unable to adequately access the telephone conferencing call-in at any point, the remote informal hearing will be postponed, and an in-person alternative will be provided promptly within a reasonable time. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 345 of 539 At least five business days prior to scheduling the remote hearing, BPHA will provide the family with login information and/or conferencing call-in information and an electronic copy of all materials being presented via first class mail and/or email. The notice will advise the family of technological requirements for the hearing and request the family notify BPHA of any known barriers. BPHA will resolve any barriers using the guidance in Section 6 of Notice PlH 2020-32, including offering the family the opportunity to attend an in-person hearing. BPHA will follow up with a phone call and/or email to the family at least one business day prior to the remote informal hearing to ensure that the family received all information and is comfortable accessing the video conferencing or call-in platform. BPHA will ensure that all electronic information stored or transmitted with respect to the informal hearing is secure, including protecting personally identifiable information (Pit), and meets the requirements for accessibility for persons with disabilities and persons with LEP. 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. BIPHA PolicV In cases where BPHA makes a decision for which an informal hearing must be offered, the notice to the family will include all of the following: 0 The proposed action or decision of BPHA. A brief statement of the reasons for the decision, including the regulatory reference. 0 The date the proposed action will take place. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 346 of 539 • A statement of the family's right to an explanation of the basis for BPHA'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. • To whom the hearing request should be addressed. • A copy of BPHA's hearing procedures. MOREOVER! 1101 111 111! 1! 1!! 1 !!Illlli 1 151 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. BPHA PolicV A request for an informal hearing must be made in writing and delivered to BPHA 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 BPHA's decision or notice to terminate assistance. BPHA must schedule and send written notice of the informal hearing to the family within 10 business days of the family's request. If BPHA hearing will be conducted remotely, at the time the notice is sent to the family, the family will be notified: ��M That 13PHA will provide technical assistance prior to and during the informal hearing, if needed, and That if the family or any individual witness has any technological, resource, or accessibility barriers, the family may inform the BPHA and BPHA will assist the family in either resolving the issue or allow the family to participate in an inperson hearing, as appropriate, 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 orally or in writing prior to the hearing date. At its discretion, BPHA 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 BPHA within 24 hours of the scheduled hearing date, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 347 of 539 excluding weekends and holidays. BPHA 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. If the family cannot show good cause for the failure to appear, or a rescheduling is not needed as a reasonable accommodation, the BPHA's decision will stand. 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. For the purpose of informal hearings, documents include records and regulations. Imumum;= 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 the 2 business days prior to the hearing. If the hearing will be conducted remotely, BPHA will compile a hearing packet, consisting of all documents the PHA intends to produce at the informal hearing. BPHA will mail copies of the hearing packet to the family, the family's representatives, if any, and the hearing officer at least three days before the scheduled remote informal hearing. The original hearing packet will be in the possession of the BPHA representative and retained by BPHA. Documents will be shared electronically whenever possible. BPHA must be given an opportunity to examine at BPHA offices before the hearing any family documents that are directly relevant to the hearing. Whenever a participant requests an informal hearing, BPHA 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. BPHA must be allowed to copy any such document at BPHA's expense. If the family does not make the document available for examination on request of the BPHA, the family may not rely on the document at the hearing, For in-person hearings, BPHA will not require pre -hearing discovery by the BPHA of family documents directly relevant to the hearing. If the informal hearing is to be conducted remotely, BPHA will require the family to provide any documents directly relevant to the informal hearing at least 24 hours before the scheduled hearing through the mail or via email. BPHA will scan and email copies of these documents to the hearing officer and the PHA representative the same day. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 348 of 539 i 1 11 1 ��Ii 11111111111111111111111 illillillilljllllllll111111111111 I III ii 11111 illir 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. BPHA Polic BPHA has designated City Staff, not associated with BPHA, as Hearing Officers. A list is maintained and periodically updated, which is used in a rotating basis for scheduling. Attendance at the Informal Hearing BPHA PolicV Hearings participants may include a hearing officer and the following applicable persons: A BPHA representative(s) and any witnesses for BPHA The participant and any witnesses for the participant The participant's counsel or other representative Any other person approved by BPHA as a reasonable accommodation for a person with a disability Conduct at Hearings The person who conducts the hearing may regulate the conduct of the hearing in accordance with the PHA's hearing procedures [24 CFR 982.555(4)(ii)]. BPHA Polic 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. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 349 of 539 Imumulam 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 BPHA. 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 based not on a witness' personal knowledge. In and of itself, hearsay evidence carries no weight when making a finding of fact. The hearing officer may include hearsay evidence when considering their decision if it is corroborated by other evidence. Even though hearsay evidence is generally admissible in a hearing, the hearing officer will not base a hearing decision on hearsay alone unless there is clear probative value and credibility of the evidence, and the party seeking the change has met the burden of proof. If either BPHA (or the family, if required in a remote hearing) 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. Procedures for Rehearing or Further Hearing MaMM 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 BPHA will take effect and another hearing will not be granted. 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. BPHA PolicV Baldwin Park Housing Authority Administrative Plan — June 2021 Page 350 of 539 In rendering a decision, the hearing officer will consider the following matters: BPHA Notice to the Family: The hearing officer will determine if the reasons for BPHA's decision are factually stated in the Notice. Discovery: The hearing officer will determine if BPHA and the family were given the opportunity to examine any relevant documents in accordance with BPHA Policy. BPHA Evidence to Support the BPHA 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 BPHA'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 BPHA policies. If the grounds for termination are not specified in the regulations or in compliance with BPHA policies, then the decision of the BPHA will be overturned. The hearing officer will issue a written decision to the family and the BPHA 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 BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 351 of 539 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 BPHA's decision. Order: The hearing report will include a statement of whether BPHA's decision is upheld or overturned. If it is overturned, the hearing officer will instruct BPHA to change the decision in accordance with the hearing officer's determination. In the case of termination of assistance, the hearing officer will instruct BPHA to restore the participant's program status. A copy of the hearing must be furnished promptly to the family. The hearing officer will mail a "Notice of Hearing Decision" to BPHA. The participant will be mailed the original "Notice of Hearing Decision". A copy of the "Notice of Hearing Decision" will be maintained in the BPHA's file. Effect of Final Decision [24 CFR 982.555(f)] 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. BPHA PolicV BPHA 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 of mailing will be maintained in BPHA's file. 16-III.D. HEARING AND APPEAL PROVISIONS FOR NONCITIZENS [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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 352 of 539 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)] 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. BPHA PolicV BPHA 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 BPHA with a copy of the written request for appeal and proof of mailing within 10 business days of sending the request to the USCIS. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 353 of 539 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. BPHA Polic BPHA will send written notice to the family of its right to request an informal hearing within 10 business days of receiving notice of the USCIS decision regarding the family's immigration status. Informal Hearing Procedures for Applicants [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 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. BPHA Polic 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 BPHA 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 354 of 539 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. The family is entitled to request an interpreter. Upon request, the PHA will provide competent interpretation services, free of charge. Recording of the Hearing The family is entitled to have the hearing recorded by audiotape. The PHA may, but is not required to provide a transcript of the hearing. BPHA Polic BPHA 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 16-11I.C. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 355 of 539 • 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-IV.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 owed to the PHA by families or owners. BPHA PolicV When an action or inaction of an owner or participant results in the overpayment of housing assistance, BPHA holds the owner or participant liable to return any overpayments to BPHA. BPHA will enter into repayment agreements in accordance with the policies contained in this part as a means to recover overpayments. When an owner or participant refuses to repay monies owed to BPHA, BPHA will utilize other available collection alternatives including, but not limited to, the following: • Collection agencies • Small claims court • Civil lawsuit • State income tax set-off program 16-IV.B. REPAYMENT POLICY Owner Debts to the PHA BPHA Policy Any amount due to BPHA by an owner must be repaid by the owner within 30 days of BPHA determination of the debt. If the owner fails to repay the debt within the required time frame and is entitled to future HAP payments, BPHA 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, BPHA may, in its sole discretion, offer to enter into a repayment agreement on terms prescribed by BPHA. If the owner refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, BPHA will ban the owner Baldwin Park Housing Authority Administrative Plan — June 2021 Page 356 of 539 from future participation in the program and pursue other modes of collection. Family Debts to the PHA Nammu=A Any amount owed to BPHA by an HCV family must be repaid by the family. If the family is unable to repay the debt within 30 days, BPHA will offer to enter into a repayment agreement in accordance with the policies below. If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, BPHA will terminate the assistance in accordance with the policies in Chapter 12 and pursue other modes of collection. Repayment Agreement [24 CFR 792.103] The term repayment agreement refers to a formal written 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. General Repayment Agreement Guidelines for Families Down Payment Requirement mamng= Before executing a repayment agreement with a family, BPHA will generally require a down payment of 10 percent (10%) of the total amount owed. If the family can provide evidence satisfactory to BPHA that a down payment of 10 percent (10%) would impose an undue hardship, BPHA may, in its sole discretion, require a lesser percentage or waive the requirement. Payment Thresholds Notice PIH 2017-12 recommends that the total amount that a family must pay each month—the family's monthly share of rent plus the monthly debt repayment amount—should not exceed 40 percent (40%) of the family's monthly adjusted income. However, a family may already be paying 40 per cent (40%) or more of its monthly adjusted income in rent. Moreover, Notice PIH 2010-19 acknowledges that PHAs have the discretion to establish "thresholds and policies" for repayment agreements with families [24 CFR 982.552(c)(1)(vii)]. Imumum;= BPHA has established the following thresholds for repayment of debts: Amounts between $3,000 and the federal or state threshold for criminal prosecution must be repaid within 36 months. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 357 of 539 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. 0 Amounts under $1,000 must be repaid within 12 months. If a family can provide evidence satisfactory to BPHA that the threshold applicable to the family's debt would impose an undue hardship, BPHA may, in its sole discretion, determine that a lower monthly payment amount is reasonable. In making its determination, BPHA will consider all relevant information, including the following: • The amount owed by the family to BPHA • The reason for the debt, including whether the debt was the result of family action/inaction or circumstances beyond the family's control • The family's current and potential income and expenses • The family's current family share, as calculated under 24 CFR 982.515 • The family's history of meeting its financial responsibilities Execution of the Agreement Nammu=A Any repayment agreement between BPHA and a family must be signed and dated by BPHA and by the head of household and spouse/co-head (if applicable). Due Dates BPHA Policy All payments are due by the close of business on the 15 th day of the month. If the 15th does not fall on a business day, the due date is the close of th business on the first business day after the 15 Late or Missed Payments BPHA PolicV 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 BPHA, BPHA 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 358 of 539 agreement and BPHA may terminate assistance in accordance with the policies in Chapter 12. If a family receives three delinquency notices for unexcused late payments in a 12 -month period, the repayment agreement will be considered in default, and BPHA will terminate assistance in accordance with the policies in Chapter 12. No Offer of Repayment Agreement BPHA PolicV BPHA generally will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family or owner, or if the amount owed by the family or owner exceeds the federal or state threshold for criminal prosecution. Repayment Agreements Involving Improper Payments Notice PIH 2017-12 requires certain provisions to be included in any repayment agreement involving amounts owed by a family because it underreported or failed to report income: • A reference to the items in the family briefing packet that state the family's obligation to provide true and complete information at every reexamination and the grounds on which the PHA may terminate assistance because of a family's action or failure to act • A statement clarifying that each month the family not only must pay to the PHA the monthly payment amount specified in the agreement but must also pay to the owner the family's monthly share of the rent to owner • A statement that the terms of the repayment agreement may be renegotiated if the family's income decreases or increases • A statement that late or missed payments constitute default of the repayment agreement and may result in termination of assistance PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (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]. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 359 of 539 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]. 164.113. SEMAP CERTIFICATION [24 CFR 985.101] 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]. 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 -52648] 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 360 of 539 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 rated under SEMAP indicators 1-7. 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 361 of 539 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 9 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. Indicator 8: FIVIR 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 362 of 539 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 PIC. 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. Indicator 12: Annual HQS inspections Maximum Points: 10 This indicator shows whether the PHA inspects each unit under contract at least annually. Indicator 12: Annual HQS inspections Points are based on the percent of annual HQS 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. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 363 of 539 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 system. 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. 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 (100%) 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. PART VI: RECORD KEEPING 16-VI.A. OVERVIEW Baldwin Park Housing Authority Administrative Plan — June 2021 Page 364 of 539 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 982.158] 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. Notice PIH 2014-20 requires PHAs to keep records of all complaints, investigations, notices, and corrective actions related to violations of the Fair Housing Act or the equal access final rule. 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. 16-VI.C. RECORDS MANAGEMENT Baldwin Park Housing Authority Administrative Plan — June 2021 Page 365 of 539 PHAs must maintain applicant and participant files and information in accordance with the regulatory requirements described below. MEMO= All applicant and participant information will be kept in a secure location and access will be limited to authorized BPHA staff. BPHA 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 (EIN), 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 the HUD -issued document, Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data. MIMMOMWA Prior to utilizing HUD's EIV system, BPHA will adopt and implement EIV 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 expiration of the period for filing a challenge to the PHA Baldwin Park Housing Authority Administrative Plan — June 2021 Page 366 of 539 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. However, a record of the screening, including the type of screening and the date performed must be retained [Notice PIH 2012-28]. This requirement does not apply to information that is public information, or is obtained by a PHA other than under 24 CFR 5.905. BPHA PolicV Criminal records received by BPHA 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. 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. Documentation of Domestic Violence, Dating Violence, Sexual Assault or Stalking For requirements and PHA policies related to management of documentation obtained from victims of domestic violence, dating violence, sexual assault or stalking, see Section 16-IX.E. 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. 16-VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(e); Notice PIH 2017- 13] The owner must report the name and address of a child identified as having an elevated blood lead level to the public health department within five business days Baldwin Park Housing Authority Administrative Plan — June 2021 Page 367 of 539 of being so notified by any other medical health care professional. The owner must also notify the HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child's address within five business days. The PHA may collaborate with the owner on the notification process, such as by 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. BIPHA PolicV Upon notification by the owner, the PRA will provide the public health department written notice of the name and address of any child identified as having an elevated blood lead level within five business days. Upon notification by the owner, the PHA will notify the HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child's address within five business days. BIPHA 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. MMMM 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, BPHA is not providing such a report. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 368 of 539 PART Vill: 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 982.454]. If a PHA denies a family a portability move based on insufficient funding, the PHA is required to notify the local HUD office within 10 business days [24 CFR 982.354]. 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. 16-VIII.B. METHODOLOGY BPHA PolicV BPHA 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 BPHA'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, BPHA 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 BPHA cannot support the cost of the proposed subsidy commitment (voucher issuance or move) based on the funding analysis, BPHA will be considered to have insufficient funding. PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY i 1-T K*-,X*ATA 4 AVA I ATA The Violence Against Women Act of 2013 (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault and stalking who are applying for or receiving assistance under the housing choice voucher (HCV) program. If your state or local laws provide greater protection for such victims, those laws take precedence over VAWA. In addition to definitions of key terms used in VAWA, this part contains general VAWA requirements and PHA policies in three areas: notification, documentation, and confidentiality. Specific VAWA requirements and PHA policies are located primarily in the following sections: Section 3-I.C, "Family Breakup and Remaining Member of Tenant Family"; Section 3-III.G, "Prohibition against Denial of Baldwin Park Housing Authority Administrative Plan — June 2021 Page 369 of 539 Assistance to Victims of Domestic Violence, Dating Violence, and Stalking"; Section 10 -LA, "Allowable Moves"; Section 10-1.13, "Restrictions on Moves"; Section 12-ILE, "Terminations Related to Domestic Violence, Dating Violence, or Stalking"; and Section 12-11.17, "Termination Notice." 16-IX.B. DEFINITIONS [24 CFR 5.2003,42 USC 139251 As used in VAWA: • The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members' lease and occupancy rights are allowed to remain intact. • The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: M The length of the relationship M The type of relationship 0 The frequency of interaction between the persons involved in the relationship • The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. • The term affiliated individual means, with respect to a person: • A spouse, parent, brother or sister, or child of that individual, or an individual to whom that individual stands in the position or place of a parent; or • Any other individual, tenant or lawful occupant living in the household of that individual. • The term sexual assault means: Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent • The term stalking means: To engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her Baldwin Park Housing Authority Administrative Plan — June 2021 Page 370 of 539 safety or the safety of others, or suffer substantial emotional distress. 16-IX.C. NOTIFICATION [24 CFR 5.2005(a)] Notification to Public The PHA adopts the following policy to help ensure that all actual and potential beneficiaries of its HCV program are aware of their rights under VAWA. BPHA Policy BPHA will post the following information regarding VAWA in its offices and on its Web site. It will also make the information readily available to anyone who requests it. • A copy of the notice of occupancy rights under VAWA to housing choice voucher program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault or stalking (Form HUD -5380, see Exhibits 16-1). • An explanation of the documentation that BPHA may require from an individual who claims the protections provided by VAWA (included in Exhibits 16-1 and 16-2) • A copy of Form HUD -5382, Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking and Alternate Documentation (see Exhibit 16-2) • A copy of the PHA's emergency transfer plan (Exhibit 16-3) • A statement of BPHA's obligation to keep confidential any information that it receives from a victim unless (a) BPHA has the victim's written permission to release the information, (b) it needs to use the information in an eviction proceeding, or (c) it is compelled by law to release the information (included in Exhibits 16-1 and 16- 2) The National Domestic Violence Hot Line: 1 -800 -799 -SAFE (7233) or 1-800-787-3224 (TTY) (included in Exhibits 16-1 and 16-2) Contact information for local victim advocacy groups or service providers. Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)] PHAs are required to inform program applicants and participants of their rights under VAWA, including their right to confidentiality and the limits thereof, when they are denied assistance, when they are admitted to the program, and when they are notified of an eviction or termination of housing benefits. MIMMUMM Baldwin Park Housing Authority Administrative Plan — June 2021 Page 371 of 539 BPHA will provide all applicants with information about VAWA at the time they request an application for housing assistance. BPHA will also include information about VAWA in all notices of denial of assistance (see Section 3-111. G). BPHA will provide all participants with information about VAWA at the time of admission (see Section 5-1.13) and at annual reexamination. BPHA will also include information about VAWA in notices of termination of assistance, as provided in Section 12-11.17. The VAWA information provided to applicants and participants will consist of the notice in Exhibit 16-1 and 16-2. The PHA is not limited to providing VAWA information at the times specified in the above policy. If the PHA decides to provide VAWA information to a participant following an incident of domestic violence, Notice PH 2017-08 cautions against sending the information by mail, since the abuser may be monitoring the mail. The notice recommends that in such cases the PHA make alternative delivery arrangements that will not put the victim at risk. =01, Whenever BPHA has reason to suspect that providing information about VAWA to a participant might place a victim of domestic violence at risk, it will attempt to deliver the information by hand directly to the victim or by having the victim come to an office or other space that may be safer for the individual, making reasonable accommodations as necessary. For example, BPHA may decide not to send mail regarding VAWA protections to the victim's unit if the PHA believes the perpetrator may have access to the victim's mail, unless requested by the victim. When discussing VAWA with the victim, BPHA will take reasonable precautions to ensure that no one can overhear the conversation, such as having conversations in a private room. The victim may, but is not required to, designate an attorney, advocate, or other secure contact for communications regarding VAWA protections. Notification to Owners and Managers [24 CFR 5.2005(a)(2)] PHAs are no longer required by regulation to notify owners and managers participating in the HCV program of their rights and obligations under VAWA, the PHA may still choose to inform them. BPHA PolicV BPHA will provide owners and managers with information about their rights and obligations under VAWA when they begin their participation in the HCV program and at least annually thereafter. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 372 of 539 The VAWA information provided to owners will consist of the notice in Exhibit 16-5 and a copy of Form HUD -5382, Certification of Domestic Violence, Dating Violence, and Stalking and Alternate Documentation. 16-IX.D. DOCUMENTATION [24 CFR 5.2007] A PHA presented with a claim for initial or continued assistance based on status as a victim of domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of abuse may—but is not required to—request that the individual making the claim document the abuse. Any request for documentation must be in writing, and the individual must be allowed at least 14 business days after receipt of the request to submit the documentation. The PHA may extend this time period at its discretion. [24 CFR 5.2007(a)] The individual may satisfy the PHA's request by providing any one of the following three forms of documentation [24 CFR 5.2007(b)]: (1) A completed and signed HUD -approved certification form (HUD -5382, Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking), which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim (2) A federal, state, tribal, territorial, or local police report or court record (3) Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; or a medical professional. Acceptable documentation also includes a record of an administrative agency, and documentation from a mental health professional. The person signing the documentation must attest under penalty of perjury to the person's belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. The PHA may not require third -party documentation (forms 2 and 3) in addition to certification (form 1), except as specified below under "Conflicting Documentation," nor may it require certification in addition to third -party documentation [VAWA final rule]. §1228M Any request for documentation of domestic violence, dating violence, sexual assault or stalking will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences for failure to submit the documentation or request an extension in writing by the deadline. BPHA may, in its discretion, extend the deadline for 10 business days. Any extension granted by BPHA will be in writing. In determining whether to extend the deadline, BPHA will consider factors that may contribute to the victim's inability to provide documentation in a timely manner, including Baldwin Park Housing Authority Administrative Plan — June 2021 Page 373 of 539 cognitive limitations, disabilities, limited English proficiency, absence from the unit, administrative delays, the danger of further violence, and the victim's need to address health or safety issues. Any extension granted by BPHA will be in writing. Once the victim provides documentation, BPHA will acknowledge receipt of the documentation within 10 business days. Conflicting Documentation [24 CFR 5.2007(e)] In cases where the PHA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, the PHA may determine which is the true victim by requiring each to provide acceptable third - party documentation, as described above (forms 2 and 3). The PHA may also request third -party documentation when submitted documentation contains information that conflicts with existing information already available to the PHA. Individuals have 30 calendar days to return third -party verification to the PHA. If the PHA does not receive third -party documentation, and the PHA will deny or terminate assistance as a result, the PHA must hold separate hearings for the tenants [Notice PIH 2017-08]. The PHA must honor any court orders issued to protect the victim or to address the distribution of property. BPHA PolicV If presented with conflicting certification documents from members of the same household, BPHA will attempt to determine which is the true victim by requiring each of them to provide third -party documentation in accordance with 24 CFR 5.2007(e) and by following any HUD guidance on how such determinations should be made. When requesting third -party documents, BPHA will provide contact information for local domestic violence and legal aid offices. In such cases, applicants or tenants will be given 30 calendar days from the date of the request to provide such documentation. If BPHA does not receive third -party documentation within the required timeframe (and any extensions) BPHA will deny VAWA protections and will notify the applicant or tenant in writing of the denial. If, as a result, the applicant or tenant is denied or terminated from the program, BPHA will hold separate hearings for the applicants or tenants. Discretion to Require No Formal Documentation [24 CFR 5.2007(d)] The PHA has the discretion to provide benefits to an individual based solely on the individual's statement or other corroborating evidence—i.e., without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). HUD recommends documentation in a confidential manner when a verbal statement or other evidence is accepted. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 374 of 539 I--jumulam If BPHA accepts an individual's statement or other corroborating evidence (as determined by the victim) of domestic violence, dating violence, sexual assault or stalking, BPHA will document acceptance of the statement or evidence in the individual's file. Failure to Provide Documentation [24 CFR 5.2007(c)] In order to deny relief for protection under VAWA, a PHA must provide the individual requesting relief with a written request for documentation of abuse. If the individual fails to provide the documentation within 14 business days from the date of receipt, or such longer time as the PHA may allow, the PHA may deny relief for protection under VAWA. 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] All information provided to the PHA regarding domestic violence, dating violence, sexual assault or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence. This means that the PHA (1) may not enter the information into any shared database, (2) may not allow employees or others to access the information unless they are explicitly authorized to do so and have a need to know the information for purposes of their work, and (3) may not provide the information to any other entity or individual, except to the extent that the disclosure is (a) requested or consented to by the individual in writing, (b) required for use in an eviction proceeding, or (c) otherwise required by applicable law. BPHA Policy If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, BPHA will inform the victim before disclosure occurs so that safety risks can be identified and addressed. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 375 of 539 EXHIBIT 16-1: SAMPLE NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT, FORM HUD -52380 Elm Notice of Occupancy Rights under the Violence Against Women Act The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees federally funded programs (Housing Choice Voucher Program (Section 8), Public Housing, Project -Based Voucher Program (PBV) or HOME Investment Partnerships Program (HOME)) comply with VAWA. A HUD -approved certification form is attached to this notice. If applicable, you may fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA. Protections for Applicants If you qualify for assistance under a federally funded program (Housing Choice Voucher Program (Section 8), Public Housing, Project -Based Voucher Program (PBV) or HOME Investment Partnerships Program (HOME)), you may not be denied admission to the program because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants If you are receiving assistance under a federally funded program (Housing Choice Voucher Program (Section 8), Public Housing, Project -Based Voucher Program (PBV) or HOME Investment Partnerships Program (HOME)), you may not be denied assistance or terminated from participation because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under a federally funded program (Housing Choice Voucher Program (Section 8), Public Housing, Project - Based Voucher Program (PBV) or HOME Investment Partnerships Program (HOME)), solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual may be your spouse, parent, brother, sister, child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is your care, custody, or control). An Baldwin Park Housing Authority Administrative Plan — June 2021 Page 376 of 539 affiliated individual may also be any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household Public Housing BPHA may bifurcate (divide) your lease in order to remove the abuser or perpetrator, In order to divide a lease, BPHA may ask for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. If BPHA chooses to remove the abuser or perpetrator from the assisted unit, the rights of eligible tenants or remaining household members will be protected and BPHA will follow VAWA. Housing Choice Voucher Program (Section 8) BPHA will remove the perpetrator who has engaged in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking from the household's voucher. For the purpose of family reunification, if the perpetrator is willing to establish corrective action from his/her part, BPHA will allow the perpetrator to return to the household upon completion of a program, If the family chooses to keep the perpetrator as part of the household without establishing any corrective action, BPHA may determine that termination of the household's participation in the HCV program is necessary. BPHA will terminate assistance for a sole household member with a voucher who has engaged in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon a request, BPHA may permit the victim to move to another unit. In order to approve a request, BPHA may ask for documentation on incidences of domestic violence, dating violence, sexual assault, or stalking. If the request is for an emergency transfer, BPHA may ask for a written declaration or form certifying that the victim meets the criteria for an emergency transfer under VAWA as follows: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. (2) You expressly request the emergency transfer. (3) You reasonably believe you are in imminent harm from further violence if you remain in your current unit. OR You are a victim of sexual assault and the assault occurred on the p remises within 90 -ca lend a r -days before you requested a transfer. BPHA will keep confidential all requests for emergency transfers and the residence information of all victims. BPHA Emergency Transfer Plan Baldwin Park Housing Authority Administrative Plan — June 2021 Page 377 of 539 provides further information on emergency transfers and is available for public view. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking BPHA may ask you to provide documentation to "certify" that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. The request must be in writing, and you will be given 14 business days to submit the information. BPHA may determine to extend the deadline, however, a written request must be submitted for review. You may provide one of the following to BPHA as documentation: A complete HUD -approved certification form given to you by BPHA with this notice. The form will ask for your name, the date, time, location and description of the incident. The form also provides a section to include the name of the abuser or perpetrator if known and is safe to provide. 0 A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders. 0 A statement, which you must sign, that may include the following: the signature of either an employee or agent, a volunteer of a victim service provider, an attorney, a medical professional or a mental health professional from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. This may also include a professional selected by you attesting under penalty of perjury that he or she believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection, 0 Any other statement or evidence that BPHA may agree to accept. If you fail or refuse to provide one of these documents within 14 business days, BPHA is not required to provide you with the protections contained in this notice. If BPHA receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed, BPHA has the right to request that you provide third -party documentation within thirty (30) calendar days in order to resolve the conflict. If you fail or refuse to provide the requested third -party documentation, BPHA is not required to provide you with the protections contained in this notice. Confidentiality BPHA will keep confidential any information you provide related to the exercise of your rights under VAWA, including exercising your rights under VAWA. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 378 of 539 BPHA will not allow any individual to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. BPHA will not enter your information into any shared database or disclose your information to any other entity or individual. BPHA, however, may disclose the information provided if: 0 You give written permission to BPHA to release the information on a time limited basis. 0 BP -R- A needs to use the information in a termination proceeding, such as to remove your abuser or perpetrator from the assisted unit or terminate his/her participation from the program, 11� , IT VAWA does not limit BPHA's duty to honor court orders about access to or control of the property, This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Terminated Your assistance may be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you, However, BPHA cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims. The protections described in this notice might not apply if BPHA can demonstrate that not terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 2) Could result in serious bodily harm or death to other tenants or those who work on the property BPHA may allow you to provide information that guarantees to eliminate the threat to others. Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non -Compliance with The Requirements of This Notice You may report violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 379 of 539 United States Department of Housing & Urban Development (HUD) Los Angeles Field Office 300 North Los Angeles Street, Suite 4054 Los Angeles, CA 90012 Phone: (213) 894-8000 Fax: (213) 894-8107 TTY- (213) 894-8133 or (800) 877-8339 or dial 7-1-1 (Not available in all areas.) For Additional Information You may view a copy of HUD's final VAWA rule at www.gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-25888.pdf. Additionally, BPHA may provide a copy of HUD's VAWA regulations. For questions regarding VAWA, please contact the Baldwin Park Housing Authority at (626) 869-75M For help regarding an abusive relationship or domestic violence, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments at 1-800-787-3224 (TTY), If you are in immediate danger, please call 911. Tenants who are or have been victims of stalking may access resource information at: The National Center for Victims of Crime's Stalking Resource Center, https://www.victimsofcrime.org/our-programs/stalking-resource-center. The California State Address Confidential Program — This program assists crime victims who have relocated. http://www.sos.ca.gov/registries/safe-home Safe at Home, PO Box 846, Sacramento, CA 95812, (877) 322-5227 For help regarding sexual assault, you may contact: 0 Los Angeles Commission on Assaults Against Women West San Gabriel Valley Center 464 East Walnut Street, Suite 20 1, Pasadena, CA 91101 Office (626) 585-9166, Fax (626) 585-0447 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 380 of 539 EXHIBIT 16-2: CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING AND ALTERNATE DOCUMENTATION, FORM HUD -5382 CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577- 0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act ("VAWK) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third -party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, "professional") from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of "domestic violence," "dating violence," 11 sexual assault," or "stalking" in HUD's regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny Baldwin Park Housing Authority Administrative Plan - June 2021 Page 381 of 539 Baldwin Park Housing Authority Administrative Plan — June 2U21 Page 382 of 539 AXINd '100"'Oft 0,2113,11124"MIMMIMMU 7�� M�� 4. Name(s) of other family member(s) listed on the lease: AL Z�M 411 victim: 3= �� M In your own words, briefly describe the incident(s): This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. WMMM Signed on (Date) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 383 of 539 Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housi provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, an you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. Baldwin Park Housing Authority Administrative Plan — June 2U21 Page 384 of 539 EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 11J*RMI W��r#_V I I I I I I !I I I � I I I I , : 11 1 1 1 1 1 1 1 i I 1 !11 - I _1 ! NOW, LVEZEWIT ml�, request an emergency transfer from the tenant's current unit to a safe unit. The I FIRE IIIII I I WHEREIN ii 111 111 W orientation.3 The ability of BPHA to honor such request for tenants currently MINE! III, the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether the tenant may locate a dwelling unit available IN I III IIII1I I 2 Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. I BPHA cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD -assisted and HUD -insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 385 of 539 confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD), the Federal agency that oversees federally funded programs �l�li�l�ill�l�l��l��l!illl�l�l��l MM I � �IE;mnw zm�,, RRIMIN Ill I ililillillillilli ill I I IF li I Fill l�ililll!illl ill I � I ill 11111111111piIIIIIIIIII Ill - -nwwsllrnp�� jr stalking, as provided in HUD's regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer. The tenant must establish a threat of imminent harm i! MCI Will WOMEN iffil WIN I III accordance with the procedures described in this plan. Tenants who are not in To request an emergency transfer, the tenant shall notify BPHA and submit a written request for a transfer. BPHA will provide reasonable accommodations for Baldwin Park Housing Authority Administrative Plan — June 2021 Page 386 of 539 individuals with disabilities. The tenant's written request for an emergency transfer should include either: imminent harm from further violence if the tenant were to remain in the same assault occurred on the premises during the 90 -calendar -day period preceding the tenant's request for an emergency transfer, Confidentiality I ill III I I J 1 11111111 lJill I Mill !!III Ill Ili Ill I J!i 11 J ii I emergency transfer, and information about the emergency transfer. The tenant may give BPHA a written permission to release the information on a time-limited Milllimmff#%TIJM�1�� M the new location of the dwelling unit from the person(s) that committed an act(s) of I li J J i ii I J FIJI 11 For more information about BPHA's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking, please see the Notice of Occupancy Rights under the Violence Against Women Act (VAWA). i I i I M! I i iii I I I i I Ill I i I I Jill 1111 will I m1m. ilm � l l Baldwin Park Housing Authority Administrative Plan — June 2021 Page 387 of 539 the tenant with informational resources to assist the tenant with promptly locating a new unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit, The tenant must agree to I F i I I i i I I I ii i i I i may be unable to transfer a tenant to a particular unit if the tenant has not or cannot SIMI!! W housing providers who may have units to which the tenant could move. At the iiiiiiiiiii I INS IRS help to victims, (Current partners are listed on Attachment A) Emergency Transfers: Housing Choice Voucher (HCV) Program Tenant -based assistance: If you are a participant in the tenant -based HCV program and request an emergency transfer as described in this plan, BPHA will assist you to move to a safe unit quickly using your existing voucher assistance. The PHA will make exceptions to program regulations restricting moves as required. At your request, BPHA will refer you to organizations that may be able to further assist you. Project -based assistance: If you are assisted under the project -based voucher (PBV) program, you may request an emergency transfer under the following programs for which you are not required to apply: * Tenant -based voucher, if available * Project -based assistance in the same project (if a vacant unit is available and you determine that the vacant unit is safe) * Project -based assistance in another development owned by the PHA Emergency transfers under VAWA will take priority over waiting list admissions for these types of assistance. You may also request an emergency transfer under the following programs for which you are required to apply: * Public housing program * PBV assistance in another development not owned by the PHA * [Insert other programs the PHA provides, such as LIHTC or HOME] Emergency transfers will not take priority over waiting list admissions for these programs. At your request, BPHA will refer you to organizations that may be able to further assist you. ,NET= Baldwin Park Housing Authority Administrative Plan — June 2021 Page 388 of 539 Pending processing of the transfer, the tenant is to take all reasonable precautions 11111111101 1111111 encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter. Persons with hearing impairments may call 1- 800-787-3224 (TTY). Tenants who have been victims of sexual assault may call the Rape, Abuse & Incest National Network's National Sexual Assault Hotline at 800 -656 -HOPE, or visit the online hotline at https://ohl.rainn.org/online/. Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at urce-center. IMMIN C IN I! ME iiiiiiii HIM I violence, sexual assault, or stalking Baldwin Park Housing Authority Administrative Plan — June 2021 Page 389 of 539 EXHIBIT 16-4: EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, FORM HUD -5383 EMERGENCY TRANSFER U.S. Department of Housin OMB Approval No. 2577- 0286 REQUEST FOR CERTAIN and Urban Development Exp. 06/30/2017 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider's emergency transfer plan for more information about the availability of emergency transfers. (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD -5382, or any one of the other types of documentation listed on that Form. (2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form, or may accept another written or oral request. Please see your housing provider's emergency transfer plan for more details. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR 7'ou are a victim of sexual assault and the assault occurred on the premises during the 90 -calendar -day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90 -calendar -day period before you submit this form or otherwise expressly request the transfer. Submission of Documentation: If you have third -party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that — documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation frow Baldwin Park Housing Authority Administrative Plan — June 2021 Page 390 of 539 a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a -current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. Mzp�,= M IMM MMM 3. Name(s) of other family member(s) listed on the lease, victim: victim: 1, EEME3=1 8. Relationship of the accused perpetrator to the victim: � �M Baldwin Park Housing Authority Administrative Plan — June 2021 Page 391 of 539 10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes, skip question 11. If no, fill out question 11. 11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit. !1 11111 111111M 1111 1 !111 !111 This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item 1 meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. NUMMM Signed on (Date) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 392 of 539 MODEL OWNER NOTIFICATION OF RIGHTS AND OBLIGATIONS BALDWIN PARK HOUSING AUTHORITY NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) VAWA provides protections for Section 8 Housing Choice Voucher (HCV) and PBV applicants, tenants, and participants from being denied assistance on the basis or as a direct result of being a victim of domestic violence, dating violence, sexual assault and stalking. Purpose Many of VAWA's protections to victims of domestic violence, dating violence, sexual assault and stalking involve action by the public housing agency (PHA), but some situations involve action by owners of assisted housing. The purpose of this notice (herein called "Notice") is to explain your rights and obligations under VAWA, as an owner of housing assisted through [insert name of housing provider] HCV program. Each component of this Notice also provides citations to HUD's applicable regulations. Denial of Tenancy Protections for applicants: Owners cannot deny tenancy based on the applicant having been or currently being a victim of domestic violence, dating violence, sexual assault, or stalking. However, the applicant must be otherwise eligible for tenancy. (See 24 Code of Federal Regulations (CFR) 982.452(b)(1).) Eviction Protections for HCV participants: Incidents or threats of domestic violence, dating violence, sexual assault, or stalking will not be considered a serious or repeated lease violation by the victim, or good cause to terminate the tenancy of the victim (24 CFR 5.2005(c)). Protection also applies to criminal activity related directly to domestic violence, dating violence, sexual assault, or stalking, conducted by a member of a tenant's household or any guest or other person under the tenant's control, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking (24 CFR 5.2005(b)(2)). Limitations of VA WA protections.� a. Nothing in the VAWA Final Rule limits the authority of an owner, when notified of a court order, to comply with a court order with respect to (24 CFR 5.2005(d)(1)): 1) The rights of access or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or 2) The distribution or possession of property among members of a household in a case. b. Nothing in the VAWA Final Rule limits an owner from evicting a victim of domestic violence, dating violence, sexual assault, or stalking for a lease violation that is not premised on an act of domestic violence, dating violence, sexual assault, or stalking, as long as the owner does not subject the victim to more demanding standards than other tenants when deciding whether to evict. (See 24 CFR 5.2005(d)(2).) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 393 of 539 c. Nothing in the VAWA Final Rule limits an owner from evicting a tenant (including the victim of domestic violence, dating violence, sexual assault, or stalking) if the owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to the HCV property would be present if the tenant or lawful occupant is not evicted. (See 24 CIFR 5.2005(d)(3).) i. In this context, words, gestures, actions, or other indicators will be considered an actual and imminent threat" if they meet the following standards: An actual and imminent threat consists of a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. (See 24 CFR 5.2003.) ii. Any eviction due to "actual and imminent threat" should be utilized by an owner only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to particularized concerns about individual residents. (See 24 CFR 5.2005(d)(4).) Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking If an applicant or tenant requests VAWA protection based on status as a victim of domestic violence, dating violence, sexual assault, or stalking, the owner has the option to request that the victim document or provide written evidence to demonstrate that the violence occurred. However, nothing in HUD's regulation requires a covered housing provider to request this documentation. (See 24 CFR 5.2007(b)(3).) If the owner chooses to request this documentation, the owner must make such request in writing. The individual may satisfy this request by providing any one document type listed under 24 CFR 5.2007(b)(1): a. Form HUD -55383 (S elf -Ce rtifi cation Form); or b� A document: 1) Signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional or a mental health professional (collectively, "professional") from whom the victim has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse� 2) Signed by the applicant or tenant; and 3) That specifies, under penalty of perjury, that the professional believes in the occurrence of the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection and remedies under 24 CFR part 5, subpart L, and that the incident meets the applicable definition of domestic violence, dating violence, sexual assault, or stalking under 24 CFR 5.2003; or c. A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or Baldwin Park Housing Authority Administrative Plan — June 2021 Page 394 of 539 d. At the discretion of a covered housing provider, a statement or other evidence provided by the applicant or tenant. The owner must accept any of the above items (a — c). The owner has discretion to accept a statement or other evidence (d). The owner is prohibited from requiring third -party documentation of the domestic violence, dating violence, sexual assault, or stalking, unless the submitted documentation contains conflicting information. If the owner makes a written request for documentation, the owner may require submission of that documentation within 14 business days after the date that the individual received the written request for documentation. (24 CFR 5.2007(a)(2)). The owner may extend this time period at its discretion. During the 14 business day period and any granted extensions of that time, no adverse actions, such as evictions or terminations, can be taken against the individual requesting VAWA protection. Once a victim provides documentation of domestic violence, dating violence, sexual assault, or stalking, the owner is encouraged to acknowledge receipt of the documentation in a timely manner. If the applicant or tenant fails to provide documentation that meets the criteria in 24 CFR 5.2007 within 14 business days after receiving the written request for that documentation or within the designated extension period, nothing in VAWA Final Rule may be construed to limit the authority of the covered housing provider to: a. Deny admission by the applicant or tenant to the housing or program; b. Deny assistance under the covered housing program to the applicant or tenant; c. Terminate the participation of the tenant in the covered housing program; or d. Evict the tenant, or a lawful occupant that commits a violation of a lease. An individual's failure to timely provide documentation of domestic violence, dating violence, sexual assault, or stalking does not result in a waiver of the individual's right to challenge the denial of assistance or termination, nor does it preclude the individual's ability to raise an incident of domestic violence, dating violence, sexual assault, or stalking at eviction or termination proceedings. Moves A victim of domestic violence, dating violence, sexual assault, or stalking may move in violation of their lease if the move is required to protect their safety. If a move results in the termination of the Housing Assistance Payment Contract, the lease is automatically terminated. Lease Bifurcation Owners may choose to bifurcate a lease, or remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to such member who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual. (See 24 CFR 5.2009(a).) If an owner chooses to bifurcate the lease, the owner must comply with the reasonable time to establish eligibility under the covered housing program or find alternative housing following lease bifurcation provision in 24 CFR 5.2009(b). VAWA protections, including bifurcation, do not Baldwin Park Housing Authority Administrative Plan — June 2021 Page 395 of 539 apply to guests or unreported members of a household or anyone else residing in a household who is not a tenant. Eviction, removal, termination of occupancy rights, or termination of assistance must be effected in accordance with the procedures prescribed by federal, state, or local law for termination of leases. To avoid unnecessary delay in the bifurcation process, HUD recommends that owners seek court-ordered eviction of the perpetrator pursuant to applicable laws. This process results in the underlying lease becoming null and void once the owner regains possession of the unit. The owner would then execute a new lease with the victim. Evictions Due to "Actual and Imminent Threat" or Violations Not Premised on Abuse The VAWA Final Rule generally prohibits eviction on the basis or as a direct result of the fact that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for assistance, participation or occupancy. (See 24 CFR 5.2005.) However, the VAWA Final Rule does not prohibit an owner from evicting a tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the tenant. Nor does the VAWA Final Rule prohibit an owner from evicting a tenant if the owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to property of the owner would be present if that tenant or lawful occupant is not evicted or terminated from assistance. (See 5.2005(d)(2) and (3).) In order to demonstrate an actual and imminent threat to other tenants or employees at the property, the covered housing provider must have objective evidence of words, gestures, actions, or other indicators that meet the standards in the following definition: Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: * The duration of the risk; * The nature and severity of the potential harm-, * The likelihood that the potential harm will occur-, and * The length of time before the potential harm would occur. (See 24 CFR 5.2003 and 5.2005(d)(2).) Confidentiality Any information submitted to a covered housing provider under 24 CFR 5.2007, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, must be maintained in strict confidence by the covered housing provider. (See 24 CFR 5.2007(c).) Baldwin Park Housing Authority Administrative Plan — June 2021 Page 396 of 539 Employees of the owner (or those within their employ, e.g., contractors) must not have access to the information unless explicitly authorized by the owner for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law (e.g., the information is needed by an employee to provide the VAWA protections to the victim). The owner must not enter this information into any shared database, or disclose this information to any other entity or individual, except to the extent that disclosure is: a. Requested or consented to in writing by the individual (victim) in a time-limited release; b. Required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program; or c. Otherwise required by applicable law. When communicating with the victim, owners must take precautions to ensure compliance with these confidentiality requirements. Service Providers Baldwin Park Housing Authority has extensive relationships with local service providers. Baldwin Park Housing Authority staff are available to provide referrals to shelters, counselors, and advocates. These resources are also provided in Baldwin Park Housing Authority Annual and 5 -Year Plan, Administrative Plan, VAWA Notice of Occupancy Rights, and Emergency Transfer Plan. A list of local service providers is attached to this Notice. Definitions Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. Affiliated individual, with respect to an individual, means: (1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual),- or (2) Any individual, tenant, or lawful occupant living in the household of that individual. Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such process under the requirements of the applicable HUD - covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants. Dating violence means violence committed by a person: (1) Who is or has been in a social relationship of a romantic or intimate nature with Baldwin Park Housing Authority Administrative Plan — June 2021 Page 397 of 539 the victim; and (2) Where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. The term "spouse or intimate partner of the victim" includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for the person's individual safety or the safety of others; or (2) Suffer substantial emotional distress. VAWA means the Violence Against Women Act of 1994, as amended (42 U.&C� 13925 and 42 U.S.C. 14043e et seg.). Attached: Legal services and the domestic violence resources for the Metro area Form HUD -5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Baldwin Park Housing Authority VAWA Notice of Occupancy Rights Baldwin Park Housing Authority Administrative Plan — June 2021 Page 398 of 539 Chapter 17 PROJECT -BASED VOUCHERS INTRODUCTION This chapter describes HUD regulations and PHA policies related to the project - based voucher (PBV) program in nine parts: Part 1: General Requirements. This part describes general provisions of the PBV program including maximum budget authority requirements, relocation requirements, and equal opportunity requirements. Part 11: PBV Owner Proposals. This part includes policies related to the submission and selection of owner proposals for PBV assistance. It describes the factors the PHA will consider when selecting proposals, the type of housing that is eligible to receive PBV assistance, the cap on assistance at projects receiving PBV assistance, subsidy layering requirements, site selection standards, and environmental review requirements. Part III: Dwelling Units. This part describes requirements related to housing quality standards, the type and frequency of inspections, and housing accessibility for persons with disabilities. Part IV: Rehabilitated and Newly Constructed Units. This part describes requirements and policies related to the development and completion of rehabilitated and newly constructed housing units that will be receiving PBV assistance. Part V: Housing Assistance PaVments Contract. This part discusses HAP contract requirements and policies including the execution, term, and termination of the HAP contract. In addition, it describes how the HAP contract may be amended and identifies provisions that may be added to the HAP contract at the PHA's discretion. Part VI: Selection of PBV Program Participants. This part describes the requirements and policies governing how the PHA and the owner will select a family to receive PBV assistance. Part VII: Occupangy. This part discusses occupancy requirements related to the lease, and describes under what conditions families are allowed or required to move. In addition, exceptions to the occupancy cap (which limits PBV assistance to 25 percent of the units in any project) are also discussed. Part Vill: Determining Rent to Owner. This part describes how the initial rent to owner is determined, and how rent will be redetermined throughout the life of the HAP contract. Rent reasonableness requirements are also discussed. Part IX Payments to Owner. This part describes the types of payments owners may receive under this program. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 399 of 539 PART 1: GENERAL REQUIREMENTS 17-I.A. OVERVIEW [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21] The project -based voucher (PBV) program allows PHAs that already administer a tenant -based voucher program under an annual contributions contract (ACC) with HUD to take up to 20 percent of its voucher program budget authority and attach the funding to specific units rather than using it for tenant -based assistance [24 CFR 983.6]. PHAs may only operate a Pl3V program if doing so is consistent with the PHA's Annual Plan, and the goal of deconcentrating poverty and expanding housing and economic opportunities [42 U.S.C. 1437f(o)(13)]. mamnu= BPHA will operate a project -based voucher program using up to 20 percent of its budget authority for project -based assistance. See Exhibit 17-1 for information on projects to which BPHA has attached PBV assistance. PBV assistance may be attached to existing housing or newly constructed or rehabilitated housing [24 CFR 983.52]. If P13V units are already selected for project -based assistance either under an agreement to enter into HAP Contract (Agreement) or a HAP contract, the PHA is not required to reduce the number of these units if the amount of budget authority is subsequently reduced. However, the PHA is responsible for determining the amount of budget authority that is available for project -based vouchers and ensuring that the amount of assistance that is attached to units is within the amounts available under the ACC, regardless of whether the PHA has vouchers available for project -basing [FR Notice 1/18/17]. 11111111 11��1111 111111� 1 1 111 F l�ililill 11,11 1,11 11 111111111 1 !111111!111� 11 11, 11111 I'll T The PHA may project -base an additional 10 percent of its units above the 20 percent program limit. The units may be distributed among one, all, or a combination of the categories as long as the total number of units does not exceed the 10 percent cap. Units qualify under this exception if the units: Are specifically made available to house individuals and families that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (42 U&C, 11302) and contained in the Continuum of Care Interim Rule at 24 CFR 578.3. Are specifically made available to house families that are comprised of or include a veteran, - Veteran means an individual who has served in the United States Armed Forces, - Provide supportive housing to persons with disabilities or elderly persons as defined in 24 CFR 5.403. - Are located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five -Year Estimates. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 400 of 539 Only units that that are under a HAP contract that was first executed on or after April 18, 2017, are covered by the 10 percent exception. NONSM The PHA may project -base up to an additional 10 percent of its authorized units, up to 30 percent, in accordance with HUD regulations and requirements. 111 11 11111 1 ISO I I !III I I �I I; I I t t PBV units under the PAID program and HUD-VASH PBV set-aside vouchers do not count toward the 20 percent limitation when PBV assistance is attached to them. In addition, units that were previously subject to certain federal rent restrictions or were receiving another type of long-term housing subsidy provided by HUD are not subject to the cap. The unit must be covered under a PBV HAP contract that first became effective on or after April 18, 2017. 1001INUM BPHA may project -base units not subject to the 20 percent cap in accordance with HUD regulations and requirements. 17-I.B. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE [24 CFR 983.2] Much of the tenant -based voucher program regulations also apply to the PBV program. Consequently, many of the PHA policies related to tenant -based assistance also apply to PBV assistance. The provisions of the tenant -based voucher regulations that do not apply to the Pl3V program are listed at 24 CFR 983.2. MEMO= Except as otherwise noted in this chapter, or unless specifically prohibited by PBV program regulations, BPHA policies for the tenant -based voucher program contained in this administrative plan also apply to the PBV program and its participants. 17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7] Any persons displaced as a result of implementation of the PBV program must be provided relocation assistance in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)[42 U.S.C. 4201-4655] and implementing regulations at 49 CFR part 24. The cost of required relocation assistance may be paid with funds provided by the owner, local public funds, or funds available from other sources. PHAs may not use voucher program funds to cover relocation costs, except that PHAs may use their administrative fee reserve to pay for relocation expenses after all other program administrative expenses are satisfied, and provided that payment of the relocation benefits is consistent with state and local law. Use of the administrative Baldwin Park Housing Authority Administrative Plan — June 2021 Page 401 of 539 fee for these purposes must also be consistent with other legal and regulatory requirements, including the requirement in 24 CFR 982.155 and other official HUD issuances. The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24, subpart B. It is the responsibility of the PHA to ensure the owner complies with these requirements. 17-I.D. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8] The PHA must comply with all equal opportunity requirements under federal law and regulations in its implementation of the PBV program. This includes the requirements and authorities cited at 24 CFR 5.105(a). In addition, the PHA must comply with the PHA Plan certification on civil rights and affirmatively furthering fair housing, submitted in accordance with 24 CFR 903.7(o). PART II: PBV OWNER PROPOSALS 17-II.A. OVERVIEW With certain exceptions, the PHA must describe the procedures for owner submission of PBV proposals and for PHA selection of PBV proposals [24 CFR 983.51]. Before selecting a PBV proposal, the PHA must determine that the PBV proposal complies with HUD program regulations and requirements, including a determination that the property is eligible housing [24 CFR 983.53 and 983.54], complies with the cap on the number of PBV units per project [24 CFR 983.56], and meets the site selection standards [24 CFR 983.57]. The PHA may not commit PBVs until or unless it has followed the proposal selection requirements defined in 24 CFR 983.51 [Notice PIH 2011-54]. 17-1111.113. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR 983.51(b)] The PHA must select PBV proposals in accordance with the selection procedures in the PHA administrative plan. The PHA must select PBV proposals by either of the following two methods. 0 PHA request for PBV Proposals. The PHA may solicit proposals by using a request for proposals to select proposals on a competitive basis in response to the PHA request. The PHA may not limit proposals to a single site or impose restrictions that explicitly or practically preclude owner submission of proposals for PBV housing on different sites. The PHA may select proposal that were previously selected based on a competition. This may include selection of a proposal for housing assisted under a federal, state, or local government housing assistance program that was subject to a competition in accordance with the requirements of the applicable program, community development program, or supportive services program that requires competitive selection of proposals (e.g., HOME, and units for which competitively awarded LIHTCs have been provided), where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV proposal selection date, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 402 of 539 and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance. The PHA need not conduct another competition. Units Selected Non -Competitively [FIR Notice 1/18/17; Notice PIH 2017-21; 24 CFIR 983.51 (b)] For certain public housing projects where the PHA has an ownership interest or control, the PHA may attach PBV assistance non-com petitively without following one of the two processes above. This exception applies when the PHA is engaged in an initiative to improve, develop, or replace a public housing property or site. The public housing units may either currently be in the public housing inventory or may have been removed from the public housing inventory within five years of the date on which the PHA entered into the AHAP or HAP. If the PHA is planning rehabilitation or new construction on the project, a minimum threshold of $25,000 per unit in hard costs must be expended. If the PHA plans to replace public housing by attaching PBV assistance to existing housing in which the PHA has an ownership interest or control, then the $25,000 per unit minimum threshold does not apply as long as the existing housing substantially complies with HQS. The PHA must include in the administrative plan what work it plans to do on the property or site and how many P13V units will be added to the site. BPHA Policy 13PHA will not attach P13Vs to projects owned by the PHA as described above. Solicitation and Selection of PBV Proposals [24 CFR 983.51 (c)] PHA procedures for selecting PBV proposals must be designed and actually operated to provide broad public notice of the opportunity to offer PBV proposals for consideration by the PHA. The public notice procedures may include publication of the public notice in a local newspaper of general circulation and other means designed and actually operated to provide broad public notice. The public notice of the PHA request for PBV proposals must specify the submission deadline. Detailed application and selection information must be provided at the request of interested parties. BPHA PolicV BHA Request for Proposals for Rehabilitated and Newly Constructed Units BPHA will advertise its request for proposals (RFP) for rehabilitated and newly constructed housing in local newspapers. The advertisement will state the number of vouchers available to be project - based, the type of units that will be considered, the submission deadline, and will note how to obtain the full RFP with information on the application and selection process. Advertisements will also contain a statement that Baldwin Park Housing Authority Administrative Plan — June 2021 Page 403 of 539 participation in the PBV program requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements, In addition, BPHA will post the RFP and proposal submission and rating and ranking procedures on its welasite. BPHA will publish its advertisement in the newspapers and trade journals mentioned above for at least one day per week for three consecutive weeks. The advertisement will specify the number of units BPHA estimates that it will be able to assist under the funding BPHA is making available. Proposals will be due in BPHA office by close of business 30 calendar days from the date of the last publication. In order for the proposal to be considered, the owner must submit the proposal to BPHA by the published deadline date, and the proposal must respond to all requirements as outlined in the RFP. Incomplete proposals will not be reviewed. BPHA will rate and rank proposals for rehabilitated and newly constructed housing using the following criteria: • Owner experience and capability to build or rehabilitate housing as identified in the RFP; • Extent to which the project furthers BPHA goal of deconcentrating poverty and expanding housing and economic opportunities; • If applicable, the extent to which services for special populations are provided on site or in the immediate area for occupants of the property; and • In order to promote partially assisted projects, where less than 25 percent of the units assisted will be rated higher than projects where 25 percent or more of the units will be assisted. In the case of projects for occupancy by the elderly, persons with disabilities or families needing other services, BPHA will rate partially assisted projects on the percentage of units assisted. Projects with the lowest percentage of assisted units will receive the highest score. BPHA Reauests for PrODosals for Existina Housina Units BPHA will advertise its request for proposals (RFP) for existing housing in local newspapers. The advertisement will state the number of vouchers available to be project -based, the type of units that will be considered, the submission deadline, and will note how to obtain the full RFP with information on the application and selection process. Advertisements will also contain a statement that participation in the PBV program requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements In addition, BPHA will post the notice inviting such proposal submission and the rating and ranking procedures on its welasite. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 404 of 539 BPHA will periodically publish its advertisement in local newspapers for at least one day per week for three consecutive weeks. The advertisement will specify the number of units BPHA estimates that it will be able to assist under the funding BPHA is making available. Owner proposals will be accepted on a first-come first-served basis and will be evaluated using the following criteria: • Experience as an owner in the tenant -based voucher program and owner compliance with the owner's obligations under the tenant -based program; • Extent to which the project furthers BPHA goal of deconcentrating poverty and expanding housing and economic opportunities; • If applicable, extent to which services for special populations are provided on site or in the immediate area for occupants of the property; and • Extent to which units are occupied by families that are eligible to participate in the PBV program. QPHA Selection of Proposals Sub'ect to a Previous Competition under a Federal, State, or Local Housing Assistance Program BPHA will accept proposals for PBV assistance from owners that were competitively selected under another federal, state or local housing assistance program, including projects that were competitively awarded Low -Income Housing Tax Credits on an ongoing basis. BPHA may periodically advertise that it is accepting proposals, in local newspapers. The advertisement will state the number of vouchers available to be project - based, the type of units that will be considered, the submission deadline, and will note how to obtain the full RFP with information on the application and selection process. Advertisements will also contain a statement that participation in the PBV program requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements. In addition to, or in place of advertising, BPHA may also directly contact specific owners that have already been selected for Federal, state, or local housing assistance based on a previously held competition, to inform them of available PBV assistance. Proposals will be reviewed on a first-come first-served basis. BPHA will evaluate each proposal on its merits using the following factors: 0 Extent to which the project furthers BPHA goal of deconcentrating poverty and expanding housing and economic opportunities; and Extent to which the proposal complements other local activities such as the redevelopment of a public housing site under the HOPE V1 program, the HOME program, CDBG activities, other development activities in a HUD -designated Enterprise Zone, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 405 of 539 Economic Community, Choice Neighborhood or Renewal Community. PHA -Owned Units [24 CFR 983.51(e), 983.59, FR Notice 1/18/17, and Notice P1H 2017-21] A PHA -owned unit may be assisted under the PBV program only if the HUD field office or HUD -approved independent entity reviews the selection process and determines that the PHA -owned units were appropriately selected based on the selection procedures specified in the PHA administrative plan. This also applies to non-competitive selections. If the PHA selects a proposal for housing that is owned or controlled by the PHA, the PHA must identify the entity that will review the PHA proposal selection process and perform specific functions with respect to rent determinations, the term of the HAP contract, and inspections. In the case of PHA -owned units, the term of the HAP contract and any HAP contract renewal must be agreed upon by the PHA and a HUD -approved independent entity. In addition, an independent entity must determine the initial rent to owner, the redetermined rent to owner, and reasonable rent, Housing quality standards inspections must also be conducted by an independent entity. The independent entity that performs these program services may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government) or another HUD - approved public or private independent entity. I It Pi W IM—I = BPHA may submit a proposal for project -based housing that is owned or controlled by BPHA. If the proposal for PHA -owned housing is selected, BPHA will use HUD field office to review the PHA selection process. BPHA will obtain HUD approval from HUD field office prior to selecting the proposal for PHA -owned housing. The PHA may only compensate the independent entity from PHA ongoing administrative fee income (including amounts credited to the administrative fee reserve). The PHA may not use other program receipts to compensate the independent entity for its services. The PHA and independent entity may not charge the family any fee for the appraisal or the services provided by the independent entity. PHA Notice of Owner Selection [24 CFR 983.51 (d)] The PHA must give prompt written notice to the party that submitted a selected proposal and must also give prompt public notice of such selection. Public notice procedures may include publication of public notice in a local newspaper of general circulation and other means designed and actually operated to provide broad public notice. Mammu=A Within 10 business days of BPHA making the selection, BPHA will notify the selected owner in writing of the owner's selection for the Pl3V program. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 406 of 539 BPHA will also notify in writing all owners that submitted proposals that were not selected and advise such owners of the name of the selected owner. In addition, BPHA will publish its notice for selection of PBV proposals for two consecutive days in the same newspapers and trade journals BPHA used to solicit the proposals. The announcement will include the name of the owner that was selected for the PBV program. BPHA will also post the notice of owner selection on its electronic web site. BPHA will make available to any interested party its rating and ranking sheets and documents that identify BPHA basis for selecting the proposal. These documents will be available for review by the public and other interested parties for one month after publication of the notice of owner selection. BPHA will not make available sensitive owner information that is privileged, such as financial statements and similar information about the owner. BPHA will make these documents available for review at BPHA office during normal business hours. The cost for reproduction of allowable documents will be $.25 per page. 17-11I.C. HOUSING TYPE [24 CFR 983.52] The PHA may attach PBV assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accordance with an agreement to enter into a housing assistance payments contract that was executed prior to the start of construction. A housing unit is considered an existing unit for purposes of the PBV program, if, at the time of notice of PHA selection, the units substantially comply with HQS. Units for which new construction or rehabilitation began after the owner's proposal submission but prior to the execution of the HAP do not subsequently qualify as existing housing. Units that were newly constructed or rehabilitated in violation of program requirements also do not qualify as existing housing. The PHA must decide what housing type, new construction, rehabilitation, or existing housing, will be used to develop project -based housing. The PHA choice of housing type must be reflected in its solicitation for proposals. 17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS Ineligible Housing Types [24 CFR 983.53] The PHA may not attach or pay PBV assistance to shared housing units; units on the grounds of a penal reformatory, medical, mental, or similar public or private institution; nursing homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care (except that assistance may be provided in assisted living facilities); units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students; manufactured homes; and transitional housing. In addition, the PHA may not attach or pay PBV assistance for a unit occupied by an owner and the PHA may Baldwin Park Housing Authority Administrative Plan — June 2021 Page 407 of 539 not select or enter into an agreement to enter into a HAP contract or HAP contract for a unit occupied by a family ineligible for participation in the PBV program. A member of a cooperative who owns shares in the project assisted under the PBV program is not considered an owner for purposes of participation in the PBV program. Finally, PBV assistance may not be attached to units for which construction or rehabilitation has started after the proposal submission and prior to the execution of an AHAP. Subsidized Housing [24 CFR 983.54] A PHA may not attach or pay PBV assistance to units in any of the following types of subsidized housing: • A public housing unit; • A unit subsidized with any other form of Section 8 assistance; • A unit subsidized with any governmental rent subsidy; • A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing; • A unit subsidized with Section 236 rental assistance payments (except that a PHA may attach assistance to a unit subsidized with Section 236 interest reduction payments); • A Section 202 project for non -elderly with disabilities; • Section 811 project -based supportive housing for persons with disabilities; • Section 202 supportive housing for the elderly; • A Section 101 rent supplement project; • A unit subsidized with any form of tenant -based rental assistance; • A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or the PHA in accordance with HUD requirements. 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, Notice P1H 2013-11, and FR Notice 2128/20] The subsidy layering review is intended to prevent excessive public assistance by combining (layering) housing assistance payment subsidy under the PBV program with other governmental housing assistance from federal, state, or local agencies, including assistance such as tax concessions or tax credits. HUD requires new construction and rehabilitation housing that will include forms of governmental assistance other than PBVs to undergo a subsidy layering review (SLR) prior to entering into an Agreement to Enter into Housing Assistance Payments Contract (AHAP). Subsidy layering requirements do not apply to existing housing, when PBV is the only governmental assistance or for projects already Baldwin Park Housing Authority Administrative Plan — June 2021 Page 408 of 539 subject to a PBV HAP contract, even if the project is recapitalized with outside sources of funding. When a PHA selects a new construction or rehabilitation project, the PHA must require information regarding all HUD and/or other federal, state, or local governmental assistance to be disclosed by the project owner using Form HUD - 2880. Appendix A of FR Notice 2/28/20 contains a list of all required documentation. Either HUD or a HUD -approved housing credit agency (HCA) in the PHA's jurisdiction performs the subsidy layering review. The PHA must request an SLR though their local HUD Field Office or, if eligible, through a participating HCA. If the SLR request is submitted to an approved HCA, and the proposed project - based voucher assistance meets HUD subsidy layering requirements, the HCA must submit a certification to HUD and notify the PHA. The PHA may proceed to execute an AHAP at that time if the environmental approval is received. The HAP contract must contain the owner's certification that the project has not received and will not receive (before or during the term of the HAP contract) any public assistance for acquisition, development, or operation of the housing other than assistance disclosed in the subsidy layering review in accordance with HUD requirements. 17-11I.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT 25 Percent per Project Cap [24 CFR 983.56, FR Notice 1/18/17, and Notice P1H 2017-21] In general, the PHA may not select a proposal to provide PBV assistance for units in a project or enter into an agreement to enter into a HAP or a HAP contract to provide PBV assistance for units in a project, if the total number of dwelling units in the project that will receive PBV assistance during the term of the PBV HAP contract is more than the greater of 25 units or 25 percent of the number of dwelling units (assisted or unassisted) in the project. Exceptions to 25 Percent per Project Cap [FR Notice 1118/17; Notice PIH 2017-21] As of April 18, 2017, units are not counted against the 25 percent or 25 -unit per project cap if: * The units are exclusively for elderly families * The units are for households eligible for supportive services available to all families receiving PBV assistance in the project - If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five -Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17]. The Housing Opportunity Through Modernization Act of 2016 (HOTMA) eliminated the project cap exemption for projects that serve disabled families and modified Baldwin Park Housing Authority Administrative Plan — June 2021 Page 409 of 539 the exception for supportive services, Projects where these caps were implemented prior to HOTMA (HAP contracts executed prior to April 18, 2017) may continue to use the former exceptions and may renew their HAP contracts under the old requirements, unless the PHA and owner agree to change the conditions of the HAP contract. However, this change may not be made if it would jeopardize an assisted family's eligibility for continued assistance in the project Supportive Services PHAs must include in the PRA administrative plan the type of services offered to families for a project to qualify for the exception and the extent to which such services will be provided. As of April 18, 2017, the project must make supportive services available to all families receiving Pl3V assistance in the project, but the family does not actually have to accept and receive supportive services for the exception to apply to the unit, although the family must be eligible to receive the supportive services. It is not necessary that the services be provided at or by the project, but must be reasonably available to families receiving P13V assistance at the project and designed to help families in the project achieve self-sufficiency or live in the community as independently as possible A PHA may not require participation in the supportive service as a condition of living in the excepted unit, although such services may be offered. BPHA Policy Excepted units will be limited to units for elderly family. ililll!lll Will" 11!111111!11'li R111111 i i i�ill 1 11 1 , 11111 il 11 P13V units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD are exempt from the project cap. In other words, 100 percent of the units in these projects may receive PBV assistance. BPHA Policy BPHA does not have any PBV units that are subject to the per project cap exception. Promoting Partial ly-Ass isted Projects [24 CFR 983-56(c)] A PHA may establish local requirements designed to promote PBV assistance in partially assisted projects. A partially assisted project is a project in which there are fewer units covered by a HAP contract than residential units [24 CFR 983.3]. A PHA may establish a per -project cap on the number of units that will receive PBV assistance or other project -based assistance in a multifamily project containing excepted units or in a single-family building. A PHA may also determine not to provide PBV assistance for excepted units, or the PHA may establish a per - project cap of less than 25 units or 25 percent of units. BPHA PolicV: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 410 of 539 Excepted units will be limited to units for elderly families. Beyond that, BPHA will not impose any further cap on the number of PBV units assisted per project. 17-II.G. SITE SELECTION STANDARDS Compliance with P13V Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)] The PHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an agreement to enter into a HAP contract or HAP contract for units on the site, unless the PHA has determined that PBV assistance for housing at the selected site is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities. The standard for deconcentrating poverty and expanding housing and economic opportunities must be consistent with the PHA Plan under 24 CFR 903 and the PHA administrative plan. In addition, prior to selecting a proposal, the PHA must determine that the site is suitable from the standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, regulations, and Executive Orders, and that the site meets the HQS site and neighborhood standards at 24 CFR 982.401 (1). BPHA PolicV It is BPHA goal to select sites for PBV housing that provide for deconcentrating poverty and expanding housing and economic opportunities. In complying with this goal BPHA will limit approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less. However, BPHA will grant exceptions to the 20 percent standard where BPHA determines that the PBV assistance will complement other local redevelopment activities designed to deconcentrate poverty and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in: • A census tract in which the proposed PBV development will be located in a HUD -designated Enterprise Zone, Economic Community, Choice Neighborhood, or Renewal Community; • A census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition and HOPE VI redevelopment; • A census tract in which the proposed PBV development will be located is undergoing significant revitalization as a result of state, local, or federal dollars invested in the area; • A census tract where new market rate units are being developed where such market rate units will positively impact the poverty rate in the area; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 411 of 539 A census tract where there has been an overall decline in the poverty rate within the past five years; or A census tract where there are meaningful opportunities for educational and economic advancement. Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract for existing or rehabilitated housing until it has determined that the site complies with the HUD required site and neighborhood standards. The site must: • Be adequate in size, exposure, and contour to accommodate the number and type of units proposed; • Have adequate utilities and streets available to service the site; • Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • Be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive. New Construction Site and Neighborhood Standards [24 CFR 983.57(e)] In order to be selected for PBV assistance, a site for newly constructed housing must meet the following HUD required site and neighborhood standards: • The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed; • The site must have adequate utilities and streets available to service the site; • The site must not be located in an area of minority concentration unless the PHA determines that sufficient, comparable opportunities exist for housing for minority families in the income range to be served by the proposed project outside areas of minority concentration or that the project is necessary to meet overriding housing needs that cannot be met in that housing market area; • The site must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non -minority residents in the area. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 412 of 539 • The site must promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • The neighborhood must not be one that is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate; • The housing must be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Except for housing designed for elderly persons, the housing must be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive. 17-1111.11-11. ENVIRONMENTAL REVIEW [24 CFR 983.58] The PHA activities under the Pl3V program are subject to HUD environmental regulations in 24 CFR parts 50 and 58. The responsible entity is responsible for performing the federal environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract until it has complied with the environmental review requirements. In the case of existing housing, the responsible entity that is responsible for the environmental review under 24 CFR part 58 must determine whether or not Pl3V assistance is categorically excluded from review under the National Environmental Policy Act and whether or not the assistance is subject to review under the laws and authorities listed in 24 CFR 58.5. The PHA may not enter into an agreement to enter into a HAP contract or a HAP contract with an owner, and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for Pl3V activities under this part, until the environmental review is completed. The PHA must supply all available, relevant information necessary for the responsible entity to perform any required environmental review for any site. The PHA must require the owner to carry out mitigating measures required by the responsible entity (or HUD, if applicable) as a result of the environmental review. PART III: DWELLING UNITS 17-III.A. OVERVIEW This part identifies the special housing quality standards that apply to the P13V program, housing accessibility for persons with disabilities, and special procedures for conducting housing quality standards inspections. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 413 of 539 17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101] The housing quality standards (HQS) for the tenant -based program, including those for special housing types, generally apply to the PBV program. HQS requirements for shared housing, manufactured home space rental, and the homeownership option do not apply because these housing types are not assisted under the PBV program. The physical condition standards at 24 CFR 5.703 do not apply to the PBV program. Lead-based Paint [24 CFR 983.101 (c)] The lead-based paint requirements for the tenant -based voucher program do not apply to the PBV program. Instead, The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, and 40 CFR 745.227, apply to the PBV program. 17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. The PHA must ensure that the percentage of accessible dwelling units complies with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR 8, subpart C. Housing first occupied after March 13, 1991, must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at 24 CFR 100.205, as applicable. (24 CFR 983.102) 17-III.D. INSPECTING UNITS Pre -selection Inspection [24 CFR 983.103(a)] The PHA must examine the proposed site before the proposal selection date. If the units to be assisted already exist, the PHA must inspect all the units before the proposal selection date, and must determine whether the units substantially comply with HQS. To qualify as existing housing, units must substantially comply with HQS on the proposal selection date. However, the PHA may not execute the HAP contract until the units fully comply with HQS. Pre -HAP Contract Inspections [24 CFR 983.103(b), FR Notice 1/18/17, and Notice PlH 2017-20] The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not provide assistance on behalf of the family until the unit fully complies with HQS, unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non -life- threatening conditions, or if the unit passed an alternative inspection. m1fils"NAWN Baldwin Park Housing Authority Administrative Plan — June 2021 Page 414 of 539 BPHA will not provide assistance on behalf of the family until the unit fully complies with HQS. Turnover Inspections [24 CIFIR 983.103(c)] Before providing assistance to a new family in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the family until the unit fully complies with HQS. Annual/Biennial Inspections [24 CFR 983.103(d); FIR Notice 6/25/14] At least once every 24 months during the term of the HAP contract, the PHA must inspect a random sample, consisting of at least 20 percent of the contract units in each building to determine if the contract units and the premises are maintained in accordance with HQS. Turnover inspections are not counted toward meeting this inspection requirement. Mzz�� BPHA will inspect on an annual basis a random sample consisting of at least 20 percent of the contract units in each building to determine if the contract units and the premises are maintained in accordance with HQS. If more than 20 percent of the sample of inspected contract units in a building fails the initial inspection, the PHA must reinspect 100 percent of the contract units in the building. Other Inspections [24 CFR 983.103(e)] The PHA must inspect contract units whenever needed to determine that the contract units comply with HQS and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections. The PHA must conduct follow-up inspections needed to determine if the owner (or, if applicable, the family) has corrected an HQS violation, and must conduct inspections to determine the basis for exercise of contractual and other remedies for owner or family violation of HQS. In conducting PHA supervisory quality control HQS inspections, the PHA should include a representative sample of both tenant -based and project -based units. Inspecting PHA -Owned Units [24 CFR 983.103(f)] In the case of PHA -owned units, the inspections must be performed by an independent entity designated by the PHA and approved by HUD. The independent entity must furnish a copy of each inspection report to the PHA and to the HUD field office where the project is located. The PHA must take all necessary actions in response to inspection reports from the independent entity, including exercise of contractual remedies for violation of the HAP contract by the PHA -owner. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 415 of 539 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS 17-IV.A. OVERVIEW [24 CFR 983.151] There are specific requirements that apply to PBV assistance for newly constructed or rehabilitated housing that do not apply to Pl3V assistance in existing housing. This part describes the requirements unique to this type of assistance. Housing selected for this type of assistance may not at a later date be selected for PBV assistance as existing housing. 17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT In order to offer Pl3V assistance in rehabilitated or newly constructed units, the PHA must enter into an agreement to enter into HAP contract (Agreement) with the owner of the property. The Agreement must be in the form required by HUD [24 CFR 983.152(b)]. The PHA may not enter into an Agreement if construction or rehabilitation has started after proposal submission [24 CFR 983.152(c)]. Construction begins when excavation or site preparation (including clearing of the land) begins for the housing. Rehabilitation begins with the physical commencement of rehabilitation activity on the housing. In the Agreement the owner agrees to develop the Pl3V contract units to comply with HQS, and the PHA agrees that upon timely completion of such development in accordance with the terms of the Agreement, the PHA will enter into a HAP contract with the owner for the contract units [24 CFR 983.152(a)]. Content of the Agreement [24 CFR 983.152(d)] At a minimum, the Agreement must describe the following features of the housing to be developed and assisted under the Pl3V program: • Site and the location of the contract units; • Number of contract units by area (size) and number of bedrooms and bathrooms; • Services, maintenance, or equipment to be supplied by the owner without charges in addition to the rent; • Utilities available to the contract units, including a specification of utility services to be paid by the owner and utility services to be paid by the tenant; • An indication of whether or not the design and construction requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 apply to units under the Agreement. If applicable, any required work item resulting from these requirements must be included in the description of work to be performed under the Agreement; • Estimated initial rents to owner for the contract units; • Description of the work to be performed under the Agreement. For rehabilitated units, the description must include the rehabilitation work write Baldwin Park Housing Authority Administrative Plan — June 2021 Page 416 of 539 up and, where determined necessary by the PHA, specifications and plans. For new construction units, the description must include the working drawings and specifications. Any additional requirements for quality, architecture, or design over and above HQS. Execution of the Agreement [24 CFR 983.153] The Agreement must be executed promptly after PHA notice of proposal selection to the selected owner. The PHA may not enter into the Agreement if construction or rehabilitation has started after proposal submission. Generally, the PHA may not enter into the Agreement with the owner until the subsidy layering review is completed. Likewise, the PHA may not enter into the Agreement until the environmental review is completed and the PHA has received environmental approval. However, the PHA does not need to conduct a subsidy layering review in the case of a HAP contract for existing housing or if the applicable state or local agency has conducted such a review. Similarly, environmental reviews are not required for existing structures unless otherwise required by law or regulation. BPHA PolicV BPHA will enter into the Agreement with the owner within 10 business days of receiving both environmental approval and notice that subsidy layering requirements have been met, and before construction or rehabilitation work is started. 17-IV.C. CONDUCT OF DEVELOPMENT WORK Labor Standards [24 CFR 983.154(b)] If an Agreement covers the development of nine or more contract units (whether or not completed in stages), the owner and the owner's contractors and subcontractors must pay Davis -Bacon wages to laborers and mechanics employed in the development of housing. The HUD -prescribed form of the Agreement will include the labor standards clauses required by HUD, such as those involving Davis -Bacon wage rates. The owner, contractors, and subcontractors must also comply with the Contract Work Hours and Safety Standards Act, Department of Labor regulations in 29 CFR part 5, and other applicable federal labor relations laws and regulations. The PHA must monitor compliance with labor standards. Owner Disclosure [24 CFR 983.154(d) and (e)] The Agreement and HAP contract must include a certification by the owner that the owner and other project principals are not on the U.S. General Services Administration list of parties excluded from federal procurement and non - procurement programs. The owner must also disclose any possible conflict of interest that would be a violation of the Agreement, the HAP contract, or HUD regulations. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 417 of 539 17-IV.D. COMPLETION OF HOUSING The Agreement must specify the deadlines for completion of the housing, and the owner must develop and complete the housing in accordance with these deadlines. The Agreement must also specify the deadline for submission by the owner of the required evidence of completion. Evidence of Completion [24 CFR 983.155(b)] At a minimum, the owner must submit the following evidence of completion to the PHA in the form and manner required by the PHA: • Owner certification that the work has been completed in accordance with HQS and all requirements of the Agreement; and • Owner certification that the owner has complied with labor standards and equal opportunity requirements in development of the housing. At the PHA's discretion, the Agreement may specify additional documentation that must be submitted by the owner as evidence of housing completion. BPHA Polic BPHA will determine the need for the owner to submit additional documentation as evidence of housing completion on a case-by-case basis depending on the nature of the PBV project. BPHA will specify any additional documentation requirements in the Agreement to enter into HAP contract. PHA Acceptance of Completed Units [24 CFR 983.156] Upon notice from the owner that the housing is completed, the PHA must inspect to determine if the housing has been completed in accordance with the Agreement, including compliance with HQS and any additional requirements imposed under the Agreement. The PHA must also determine if the owner has submitted all required evidence of completion. If the work has not been completed in accordance with the Agreement, the PHA must not enter into the HAP contract. If the PHA determines the work has been completed in accordance with the Agreement and that the owner has submitted all required evidence of completion, the PHA must submit the HAP contract for execution by the owner and must then execute the HAP contract. PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) 17-V.A. OVERVIEW The PHA must enter into a HAP contract with an owner for units that are receiving PBV assistance. The purpose of the HAP contract is to provide housing assistance payments for eligible families. Housing assistance is paid for contract units leased and occupied by eligible families during the HAP contract term. With the exception of single-family scattered -site projects, a HAP contract shall cover a single project. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 418 of 539 If multiple projects exist, each project is covered by a separate HAP contract. The HAP contract must be in the form required by HUD [24 CFR 983.202(a)]. 174.113. HAP CONTRACT REQUIREMENTS Contract Information [24 CFR 983.203] The HAP contract must specify the following information: • The total number of contract units by number of bedrooms; • The project's name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building; • The number of contract units in each building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit; • Services, maintenance, and equipment to be supplied by the owner and included in the rent to owner; • Utilities available to the contract units, including a specification of utility services to be paid by the owner (included in rent) and utility services to be paid by the tenant; • Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8; • The HAP contract term; • The number of units in any project that will exceed the 25 percent per project cap, which will be set-aside for occupancy by qualifying families (elderly and/or disabled families receiving supportive services; and • The initial rent to owner for the first 12 months of the HAP contract term. Execution of the HAP Contract [24 CFR 983.204] The PHA may not enter into a HAP contract until each contract unit has been inspected and the PHA has determined that the unit complies with the Housing Quality Standards (HQS). For existing housing, the HAP contract must be executed promptly after the PHA selects the owner proposal and inspects the housing units. For newly constructed or rehabilitated housing the HAP contract must be executed after the PHA has inspected the completed units and has determined that the units have been completed in accordance with the agreement to enter into HAP, and the owner furnishes all required evidence of completion. "', N W lW_1 = Baldwin Park Housing Authority Administrative Plan — June 2021 Page 419 of 539 For existing housing, the HAP contract will be executed within 10 business days of BPHA determining that all units pass HQS. For rehabilitated or newly constructed housing, the HAP contract will be executed within 10 business days of BPHA determining that the units have been completed in accordance with the agreement to enter into HAP, all units meet HQS, and the owner has submitted all required evidence of completion. Term of HAP Contract [24 CFR 983.205, FIR Notice 1118/17, and Notice PIH 2017-21] The PHA may enter into a HAP contract with an owner for an initial term of no less than one year and no more than 20 years for each contract unit. The length of the term of the HAP contract for any contract unit may not be less than one year or more than 20 years. In the case of PHA -owned units, the term of the HAP contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR 983.59(b)(2)]. BPHA PolicV The term of all PBV HAP contracts will be negotiated with the owner on a case-by-case basis. At the time of the initial HAP contract term or any time before expiration of the HAP contract, the PHA may extend the term of the contract for an additional term of up to 20 years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income families. A HAP contract extension may not exceed 20 years. A PHA may provide for multiple extensions; however, in no circumstances may such extensions exceed 20 years, cumulatively. Extensions after the initial extension are allowed at the end of any extension term, provided that not more than 24 months prior to the expiration of the previous extension contract the PHA agrees to extend the term, and that such extension is appropriate to continue providing affordable housing for low-income families or to expand housing opportunities. Extensions after the initial extension term shall not begin prior to the expiration date of the previous extension term. Subsequent extensions are subject to the same limitations. All extensions must be on the form and subject to the conditions prescribed by HUD at the time of the extension. In the case of PHA -owned units, any extension of the term of the HAP contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR 983.59(b)(2)]. 11,19W�M When determining whether or not to extend an expiring PBV contract, BPHA will consider several factors including, but not limited to: • The cost of extending the contract and the amount of available budget authority; • The condition of the contract units; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 420 of 539 The owner's record of compliance with obligations under the HAP contract and lease(s); Whether the location of the units continues to support the goals of deconcentrating poverty and expanding housing opportunities; and Whether the funding could be used more appropriately for tenant - based assistance. Termination by PHA [24 CFR 983.205(c) and FR Notice 1/18/17] The HAP contract must provide that the term of the PHA's contractual commitment is subject to the availability of sufficient appropriated funding as determined by HUD or by the PHA in accordance with HUD instructions. For these purposes, sufficient funding means the availability of appropriations, and of funding under the ACC from such appropriations, to make full payment of housing assistance payments payable to the owner for any contract year in accordance with the terms of the HAP contract. In times of insufficient funding, HUD requires that PHAs first take all cost-saving measures prior to failing to make payments under existing PBV HAP contracts. If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the PHA may terminate the HAP contract by notice to the owner. The termination must be implemented in accordance with HUD instructions. Termination by Owner [24 CFR 983.205(d)] If in accordance with program requirements the amount of rent to an owner for any contract unit is reduced below the amount of the rent to owner at the beginning of the HAP contract term, the owner may terminate the HAP contract by giving notice to the PHA. In this case, families living in the contract units must be offered tenant - based assistance. Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice PIH 2017-21] Not less than one year before the HAP contract terminates, or if the owner refuses to renew the HAP contract, the owner must notify the PHA and assisted tenants of the termination. The notice must be provided in the form prescribed by HUD. If the owner does not give timely notice, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of their rent, and with no eviction as a result of the owner's inability to collect an increased tenant portion of rent. An owner may renew the terminating contract for a period of time sufficient to give tenants one-year advance notice under such terms as HUD may require. Upon termination or expiration of the contract, a family living at the property is entitled to receive a tenant -based voucher. Tenant -based assistance would not begin until the owner's required notice period ends. The PHA must provide the family with a voucher and the family must also be given the option by the PHA and owner to remain in their unit with HCV tenant based assistance as long as the unit Baldwin Park Housing Authority Administrative Plan — June 2021 Page 421 of 539 complies with inspection and rent reasonableness requirements, The family must pay their total tenant payment (TTP) and any additional amount if the gross rent exceeds the applicable payment standard. The family has the right to remain in the project as long as the units are used for rental housing and are otherwise eligible for HCV assistance, The owner may not terminate the tenancy of a family that exercises its right to remain except for serious or repeated lease violations or other good cause. Families that receive a tenant based voucher at the expiration or termination of the PBV HAP contract are not new admissions to the PHA HCV tenant -based program, and are not subject to income eligibility requirements or any other admission requirements. If the family chooses to remain in their unit with tenant -based assistance, the family may do so regardless of whether the family share would initially exceed 40 percent of the family's adjusted monthly income. Remedies for HQS Violations [24 CFR 983.208(b)] The PHA may not make any HAP payment to the owner for a contract unit during any period in which the unit does not comply with HQS. If the PHA determines that a contract does not comply with HQS, the PHA may exercise any of its remedies under the HAP contract, for any or all of the contract units. Available remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the HAP contract. Nammu=A BPHA will abate and terminate PBV HAP contracts for non-compliance with HQS in accordance with the policies used in the tenant -based voucher program. These policies are contained in Section 8-II.G., Enforcing Owner Compliance. 17-V.C. AMENDMENTS TO THE HAP CONTRACT Substitution of Contract Units [24 CFR 983.207(a)] At the PHA's discretion and subject to all PBV requirements, the HAP contract may be amended to substitute a different unit with the same number of bedrooms in the same building for a previously covered contract unit. Before any such substitution can take place, the PHA must inspect the proposed unit and determine the reasonable rent for the unit. Addition of Contract Units [FR Notice 1/18/17 and Notice PIH 2017-21] The PHA and owner may amend the HAP contract to add additional PBV contract units in projects that already have a HAP contract without having to fulfill the selection requirements found at 24 CFR 983.51 (b) for those additional PBV units, regardless of when the HAP contract was signed. The additional PBV units, however, are still subject to the PBV program cap and individual project caps. Prior to attaching additional units without competition, the PHA must submit to the local field office information outlined in FR Notice 1/18/17. The PHA must also detail in the administrative plan their intent to add PBV units and the rationale for adding units to the specific PBV project. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 422 of 539 Imumulam BPHA will add units to the contract on a case-by-case basis to ensure the availability of affordable housing as long as the addition of units does not exceed allowable project caps. 17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.207(b) and 983.302(e)] The HAP contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term. The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. There is a single annual anniversary and expiration date for all units under a particular HAP contract, even in cases where contract units are placed under the HAP contract in stages (on different dates) or units are added by amendment. The anniversary and expiration dates for all units coincide with the dates for the contract units that were originally placed under contract. 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT [24 CFR 983.210] When the owner executes the HAP contract s/he certifies that at such execution and at all times during the term of the HAP contract: • All contract units are in good condition and the owner is maintaining the premises and contract units in accordance with HQS; • The owner is providing all services, maintenance, equipment and utilities as agreed to under the HAP contract and the leases; • Each contract unit for which the owner is receiving HAP, is leased to an eligible family referred by the PHA, and the lease is in accordance with the HAP contract and HUD requirements; • To the best of the owner's knowledge the family resides in the contract unit for which the owner is receiving HAP, and the unit is the family's only residence; • The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit; • The amount of the HAP the owner is receiving is correct under the HAP contract; • The rent for contract units does not exceed rents charged by the owner for comparable unassisted units; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 423 of 539 Except for HAP and tenant rent, the owner has not received and will not receive any other payment or consideration for rental of the contract unit; The family does not own or have any interest in the contract unit (does not apply to family's membership in a cooperative); and Repair work on the project selected as an existing project that is performed after HAP execution within such post -execution period as specified by HUD may constitute development activity, and if determined to be development activity, the repair work undertaken shall be in compliance with Davis -Bacon wage requirements. 17-V.F. ADDITIONAL HAP REQUIREMENTS Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)] The owner is required to maintain and operate the contract units and premises in accordance with HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance, equipment, and utilities specified in the HAP contract with the PHA and in the lease with each assisted family. In addition, maintenance, replacement and redecoration must be in accordance with the standard practice for the building as established by the owner. The PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. Any such additional requirements must be specified in the Agreement to enter into a HAP contract and the HAP contract. These requirements must be in addition to, not in place of, compliance with HQS. BPHA PolicV BPHA will identify the need for any special features on a case-by-case basis depending on the intended occupancy of the PBV project. BPHA will specify any special design standards or additional requirements in the invitation for PBV proposals, the agreement to enter into HAP contract, and the HAP contract. Vacancy Payments [24 CFR 983.352(b)] At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner for a PHA -determined period of vacancy extending from the beginning of the first calendar month after the move -out month for a period not exceeding two full months following the move -out month. The amount of the vacancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant's security deposit). BPHA EgLicy Baldwin Park Housing Authority Administrative Plan — June 2021 Page 424 of 539 BPHA will decide on a case-by-case basis if BPHA will provide vacancy payments to the owner. The HAP contract with the owner will contain any such agreement, including the amount of the vacancy payment and the period for which the owner will qualify for these payments. PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS 17-VI.A. OVERVIEW Many of the provisions of the tenant -based voucher regulations [24 CFR 982] also apply to the Pl3V program. This includes requirements related to determining eligibility and selecting applicants from the waiting list. Even with these similarities, there are requirements that are unique to the Pl3V program. This part describes the requirements and policies related to eligibility and admission to the PBV program. 17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251 (a) and (b)] The PHA may select families for the PBV program from those who are participants in the PHA's tenant -based voucher program and from those who have applied for admission to the voucher program. For voucher participants, eligibility was determined at original admission to the voucher program and does not need to be redetermined at the commencement of PBV assistance. For all others, eligibility for admission must be determined at the commencement of P13V assistance. Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant -based voucher program. Applicants must qualify as a family as defined by HUD and the PHA, have income at or below HUD -specified income limits, and qualify on the basis of citizenship or the eligible immigration status of family members [24 CFR 982.201 (a) and 24 CFR 983.2(a)]. In addition, an applicant family must provide social security information for family members [24 CFR 5.216 and 5.218] and consent to the PHA's collection and use of family information regarding income, expenses, and family composition [24 CFR 5.230]. The PHA may also not approve a tenancy if the owner (including principal or other interested party) of the unit is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless needed as a reasonable accommodation. An applicant family must also meet HUD requirements related to current or past criminal activity. BPHA PolicV BPHA will determine an applicant family's eligibility for the PBV program in accordance with the policies in Chapter 3. In -Place Families [24 CFR 983.251(b)] An eligible family residing in a proposed Pl3V contract unit on the date the proposal is selected by the PHA is considered an "in-place family." These families are afforded protection from displacement under the PBV rule. If a unit to be placed under contract (either an existing unit or a unit requiring rehabilitation) is occupied Baldwin Park Housing Authority Administrative Plan — June 2021 Page 425 of 539 by an eligible family on the date the proposal is selected, the in-place family must be placed on the PHA's waiting list. Once the family's continued eligibility is determined (the PHA may deny assistance to an in-place family for the grounds specified in 24 CFR 982.552 and 982.553), the family must be given an absolute selection preference and the PHA must refer these families to the project owner for an appropriately sized PBV unit in the project. Admission of eligible in-place families is not subject to income targeting requirements. This regulatory protection from displacement does not apply to families that are not eligible to participate in the program on the proposal selection date. 17-VI.C. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c)] The PHA may establish a separate waiting list for PBV units or it may use the same waiting list for both tenant -based and project -based assistance. The PHA may also merge the P13V waiting list with a waiting list for other assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waiting list for PBV assistance, the PHA must offer to place applicants who are listed on the tenant - based waiting list on the waiting list for PBV assistance. If a PHA decides to establish a separate PBV waiting list, the PHA may use a single waiting list for the PHA's whole PBV program, or it may establish separate waiting lists for PBV units in particular projects or buildings or for sets of such units. BPHA PolicV BPHA will merge the PBV waiting list with a waiting list for other assisted housing programs offered by BPHA. 17-VI.D. SELECTION FROM THE WAITING LIST [24 CFR 983.251(c)] Applicants who will occupy units with Pl3V assistance must be selected from the PHA's waiting list. The PHA may establish selection criteria or preferences for occupancy of particular PBV units. The PHA may place families referred by the Pl3V owner on its P13V waiting list. Income Targeting [24 CFR 983.251(c)(6)] At least 75 percent of the families admitted to the PHA's tenant -based and project - based voucher programs during the PHA fiscal year from the waiting list must be extremely -low income families. The income targeting requirement applies to the total of admissions to both programs. Units with Accessibility Features [24 CFR 983.251(c)(7)] When selecting families to occupy P13V units that have special accessibility features for persons with disabilities, the PHA must first refer families who require such features to the owner. Preferences [24 CFR 983.251 (d), FR Notice 11124/08] The PHA may use the same selection preferences that are used for the tenant - based voucher program, establish selection criteria or preferences for the PBV program as a whole, or for occupancy of particular P13V developments or units. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 426 of 539 The PHA must provide an absolute selection preference for eligible in-place families as described in Section 1741.13. above. The PHA may establish a selection preference for families who qualify for voluntary services, including disability -specific services, offered in conjunction with assisted units, provided that preference is consistent with the PHA plan. The PHA may not, however, grant a preference to a person with a specific disability [FR Notice 1/18/17]. In advertising such a project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible disabled persons who may benefit from services provided in the project. In these projects, disabled residents may not be required to accept the particular services offered as a condition of occupancy. If the PHA has projects with "excepted units' for elderly families or supportive services, the PHA must give preference to such families when referring families to these units -[24 CFR 983.261 (b); FR Notice 1/1 8/17]� BPHA Policy BPHA will provide a selection preference when required by the regulation (e.g., eligible in-place families, qualifying families for "excepted units," mobility impaired persons for accessible units). BPHA will not offer any additional preferences for the PBV program or for particular PBV projects or units. 17-VI.E. OFFER OF PBV ASSISTANCE Refusal of Offer [24 CFR 983.251 (e)(3)] The PHA is prohibited from taking any of the following actions against a family who has applied for, received, or refused an offer of PBV assistance: • Refuse to list the applicant on the waiting list for tenant -based voucher assistance; • Deny any admission preference for which the applicant qualifies; • Change the applicant's place on the waiting list based on preference, date, and time of application, or other factors affecting selection under the PHA's selection policy; • Remove the applicant from the tenant -based voucher waiting list. Disapproval by Landlord [24 CFR 983.251 (e)(2)] If a PBV owner rejects a family for admission to the owner's units, such rejection may not affect the family's position on the tenant -based voucher waiting list. Acceptance of Offer [24 CFR 983.252] Family Briefing Baldwin Park Housing Authority Administrative Plan — June 2021 Page 427 of 539 When a family accepts an offer for Pl3V assistance, the PHA must give the family an oral briefing. The briefing must include information on how the program works and the responsibilities of the family and owner. In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA determines the total tenant payment for a family, the family obligations under the program, and applicable fair housing information. Persons with Disabilities If an applicant family's head or spouse is disabled, the PHA must assure effective communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must have a mechanism for referring a family that includes a member with mobility impairment to an appropriate accessible PBV unit. Persons with Limited English Proficiency The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2). 17-VI.F. OWNER SELECTION OF TENANTS The owner is responsible for developing written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low- income families and reasonably related to program eligibility and an applicant's ability to fulfill their obligations under the lease. An owner must promptly notify in writing any rejected applicant of the grounds for any rejection [24 CFR 983.253(a)(2) and (a)(3)]. Leasing [24 CFR 983.253(a)] During the term of the HAP contract, the owner must lease contract units to eligible families that are selected and referred by the PHA from the PHA's waiting list. The contract unit leased to the family must be the appropriate size unit for the size of the family, based on the PHA's subsidy standards. Filling Vacancies [24 CFR 983.254(a)] The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit. After receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of families for the owner to fill such vacancies. The PHA and the owner must make reasonable efforts to minimize the likelihood and length of any vacancy. BPHA Polic The owner must notify BPHA in writing (mail, fax, or e-mail) within 5 business days of learning about any vacancy or expected vacancy. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 428 of 539 BPHA will make every reasonable effort to refer families to the owner within 10 business days of receiving such notice from the owner. Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)] If any contract units have been vacant for 120 or more days since owner notice of the vacancy, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (according to the bedroom size) that have been vacant for this period. BPHA PolicV If any contract units have been vacant for 120 days, BPHA will give notice to the owner that the HAP contract will be amended to reduce the number of contract units that have been vacant for this period. BPHA will provide the notice to the owner within 10 business days of the 120th day of the vacancy. The amendment to the HAP contract will be effective the 1 st day of the month following the date of BPHA's notice. 17-VI.G. TENANT SCREENING [24 CFR 983.255] PHA Responsibility The PHA is not responsible or liable to the owner or any other person for the family's behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny applicants based on such screening. I--jummagm BPHA will not conduct screening to determine a PBV applicant family's suitability for tenancy. The PHA must provide the owner with an applicant family's current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the family's current landlord and any prior landlords. In addition, the PHA may offer the owner other information the PHA may have about a family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members. The PHA must provide applicant families a description of the PHA Policy on providing information to owners, and the PHA must give the same types of information to all owners. The PHA may not disclose to the owner any confidential information provided in response to a request for documentation of domestic violence, dating violence, sexual assault or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(a)(4)]. Imumumgm BPHA will inform owners of their responsibility to screen prospective tenants, and will provide owners with the required known name and address information, at the time of the turnover HQS inspection or before. BPHA will Baldwin Park Housing Authority Administrative Plan — June 2021 Page 429 of 539 not provide any additional information to the owner, such as tenancy history, criminal history, etc. Owner Responsibility The owner is responsible for screening and selection of the family to occupy the owner's unit. When screening families the owner may consider a family's background with respect to the following factors: • Payment of rent and utility bills; • Caring for a unit and premises; • Respecting the rights of other residents to the peaceful enjoyment of their housing; • Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and • Compliance with other essential conditions of tenancy. PARTVII:OCCUPANCY 17-VII.A. OVERVIEW After an applicant has been selected from the waiting list, determined eligible by the PHA, referred to an owner and determined suitable by the owner, the family will sign the lease and occupancy of the unit will begin. 17-VII.B. LEASE [24 CFR 983.256] 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. Form of Lease [24 CFR 983.256(b)] The tenant and the owner must enter into a written lease agreement that is signed by both parties. If an owner uses a standard lease form for rental units to unassisted tenants in the locality or premises, the same lease must be used for assisted tenants, except that the lease must include a HUD -required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease. The PHA may review the owner's lease form to determine if the lease complies with state and local law. If the PHA determines that the lease does not comply with state or local law, the PHA may decline to approve the tenancy. BPHA Polic BPHA will not review the owner's lease for compliance with state or local law. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 430 of 539 Lease Requirements [24 CFR 983.256(c)] The lease for a PBV unit must specify all of the following information: • The names of the owner and the tenant; • The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit); • The term of the lease (initial term and any provision for renewal); • The amount of the tenant rent to owner, which is subject to change during the term of the lease in accordance with HUD requirements; • A specification of the services, maintenance, equipment, and utilities that will be provide by the owner; and • The amount of any charges for food, furniture, or supportive services. Tenancy Addendum [24 CFR 983.256(d)] The tenancy addendum in the lease must state: • The program tenancy requirements; • The composition of the household as approved by the PHA (the names of family members and any PHA -approved live-in aide); • All provisions in the HUD -required tenancy addendum must be included in the lease. The terms of the tenancy addendum prevail over other provisions of the lease. Initial Term and Lease Renewal [24 CFR 983.256(f)] The initial lease term must be for at least one year. The lease must provide for automatic renewal after the initial term of the lease in either successive definitive terms (e.g. month-to-month or year-to-year) or an automatic indefinite extension of the lease term. For automatic indefinite extension of the lease term, the lease terminates if any of the following occur: • The owner terminates the lease for good cause • The owner and tenant agree to terminate the lease • The PHA terminates the HAP contract • The PHA terminates assistance for the family Changes in the Lease [24 CFR 983.256(e)] If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner must immediately give the PHA a copy of all changes. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 431 of 539 The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation of tenant and owner responsibilities for utilities. Such changes may only be made if approved by the PHA and in accordance with the terms of the lease relating to its amendment. The PHA must redetermine reasonable rent, in accordance with program requirements, based on any change in the allocation of the responsibility for utilities between the owner and the tenant. The redetermined reasonable rent will be used in calculation of the rent to owner from the effective date of the change. Owner Termination of Tenancy [24 CIFIR 983.257] With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an owner may in the tenant -based voucher program (see Section 12-111.13. and 24 CFR 982.310). In the PBV program, terminating tenancy for "good cause" does not include doing so for a business or economic reason, or a desire to use the unit for personal or family use or other non-residential purpose. Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)] The lease may specify a maximum period of family absence from the unit that may be shorter than the maximum period permitted by PHA Policy. According to program requirements, the family's assistance must be terminated if they are absent from the unit for more than 180 consecutive days. PHA termination of assistance actions due to family absence from the unit are subject to 24 CFR 981.312, except that the unit is not terminated from the HAP contract if the family is absent for longer than the maximum period permitted. Continuation of Housing Assistance Payments [24 CIFIR 982.258] Housing assistance payments shall continue until the tenant rent equals the rent to owner. The cessation of housing assistance payments at such point will not affect the family's other rights under its lease, nor will such cessation preclude the resumption of payments as a result of later changes in income, rents, or other relevant circumstances if such changes occur within 180 days following the date of the last housing assistance payment by the PHA. After the 180 -day period, the unit shall be removed from the HAP contract pursuant to 24 CFR 983.211. If a participant family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner, the family must notify BPHA of the change and request an interim reexamination before the expiration of the 180 -day period. Security Deposits [24 CIFIR 983.259] The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. BPHA PolicV Baldwin Park Housing Authority Administrative Plan — June 2021 Page 432 of 539 BPHA will allow the owner to collect a security deposit amount the owner determines is appropriate. When the tenant moves out of a contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by the tenant under the lease. The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant. If the security deposit does not cover the amount owed by the tenant under the lease, the owner may seek to collect the balance from the tenant. The PHA has no liability or responsibility for payment of any amount owed by the family to the owner. 17-VII.C. MOVES Overcrowded, Under -Occupied, and Accessible Units [24 CIFR 983.260] If the PHA determines that a family is occupying a wrong size unit, based on the PHA's subsidy standards, or a unit with accessibility features that the family does not require, and the unit is needed by a family that does require the features, the PHA must promptly notify the family and the owner of this determination, and the PHA must offer the family the opportunity to receive continued housing assistance in another unit. Eamon= BPHA will notify the family and the owner of the family's need to move based on the occupancy of a wrong -size or accessible unit within 10 business days of BPHA's determination. BPHA will offer the family the following types of continued assistance in the following order, based on the availability of assistance: PBV assistance in the same building or project; PBV assistance in another project; and Tenant -based voucher assistance. If the PHA offers the family a tenant -based voucher, the PHA must terminate the housing assistance payments for a wrong -sized or accessible unit at the earlier of the expiration of the term of the family's voucher (including any extension granted by the PHA) or the date upon which the family vacates the unit. If the family does not move out of the wrong -sized unit or accessible unit by the expiration of the term of the family's voucher, the PHA must remove the unit from the HAP contract. If the PHA offers the family another form of assistance that is not a tenant -based voucher, and the family does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by the PHA, or both, the PHA must terminate the housing assistance payments for the unit at the expiration of a Baldwin Park Housing Authority Administrative Plan — June 2021 Page 433 of 539 reasonable period as determined by the PHA and remove the unit from the HAP contract. BPHA PolicV When BPHA offers a family another form of assistance that is not a tenant - based voucher, the family will be given 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the family does not move out within this 30 -day time frame, BPHA will terminate the housing assistance payments at the expiration of this 30 -day period. BPHA may make exceptions to this 30 -day period if needed for reasons beyond the family's control such as death, serious illness, or other medical emergency of a family member. Family Right to Move [24 CFR 983.261] The family may terminate the lease at any time after the first year of occupancy. The family must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the PHA. If the family wishes to move with continued tenant -based assistance, the family must contact the PHA to request the rental assistance prior to providing notice to terminate the lease. If the family terminates the lease in accordance with these requirements, the PHA is required to offer the family the opportunity for continued tenant -based assistance, in the form of a voucher or other comparable tenant -based rental assistance. If voucher or other comparable tenant -based assistance is not immediately available upon termination of the family's lease in the PBV unit, the PHA must give the family priority to receive the next available opportunity for continued tenant -based assistance. If the family terminates the assisted lease before the end of the first year, the family relinquishes the opportunity for continued tenant -based assistance. Emergency Transfers under VAWA [Notice PIH 2017-08] Except where special consideration is needed for the project -based voucher program, the PHA will follow VAWA policies as outlined in Chapter 16 Part IX of this administrative plan, including using the Emergency Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4). HUD requires that the PHA include policies that address when a victim has been living in a unit for less than a year or when a victim seeks to move sooner than a tenant -based voucher is available. BPHA Eglicy When the victim of domestic violence, dating violence, sexual assault, or stalking has lived in the unit for less than one year, the PHA will provide several options for continued assistance. The PHA will first try to transfer the participant to another PBV unit in the same development or transfer to a different development where the PHA Baldwin Park Housing Authority Administrative Plan — June 2021 Page 434 of 539 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262] As of April 17, 2018, the PHA may not pay housing assistance under a P13V HAP contract for more than the greater of 25 units or 25 percent of the number of dwelling units in a project unless- - The units are exclusively for elderly families - The units are for households eligible for supportive services available to all families receiving PBV assistance in the project If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five -Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17]. If a family at the time of initial tenancy is receiving and while the resident of an excepted unit has received Family Self -Sufficiency (FSS) supportive services or any other service as defined by the PHA and successfully completes the FSS contract of participation or the supportive services requirement, the unit continues to count as an excepted unit for as long as the family resides in the unit. However, if the FSS family fails to successfully complete the FSS contract of participation or Baldwin Park Housing Authority Administrative Plan — June 2021 Page 435 of 539 supportive services objective and consequently is no longer eligible for the supportive services, the family must vacate the unit within a reasonable period of time established by the PHA, and the PHA shall cease paying HAP on behalf of the family. Further, when a family (or remaining members of a family) residing in an excepted unit no longer meets the criteria for a "qualifying family" because the family is no longer an elderly family due to a change in family composition, the PHA has the discretion to allow the family to remain in the excepted unit. If the PHA does not exercise this discretion, the family must vacate the unit within a reasonable period of time established by the PHA, and the PHA must cease paying housing assistance payments on behalf of the non -qualifying family. Individuals in units with supportive services who choose to no longer participate in a service or who no longer qualify for services they qualified for at the time of initial occupancy cannot subsequently be denied continued housing opportunity because of this changed circumstance, A PHA or owner cannot determine that a participant's needs exceed the level of care offered by qualifying services or require that individuals be transitioned to different projects based on service needs. If the family fails to vacate the unit within the established time, the unit must be removed from the HAP contract unless the project is partially assisted, and it is possible for the HAP contract to be amended to substitute a different unit in the building in accordance with program requirements; or the owner terminates the lease and evicts the family. The housing assistance payments for a family residing in an excepted unit that is not in compliance with its family obligations to comply with supportive services requirements must be terminated by the PHA. The PHA may allow a family that initially qualified for occupancy of an excepted unit based on elderly or disabled family status to continue to reside in a unit, where through circumstances beyond the control of the family (e.g., death of the elderly or disabled family member or long-term or permanent hospitalization or nursing care), the elderly or disabled family member no longer resides in the unit. In this case, the unit may continue to be counted as an excepted unit for as long as the family resides in that unit. Once the family vacates the unit, in order to continue as an excepted unit under the HAP contract, the unit must be made available to and occupied by a qualified family. BPHA PolicV BPHA will allow families who initially qualified to live in an excepted unit to remain when circumstances change due to circumstances beyond the remaining family member's control. In all othercases, when BPHAwill provide written notice tofamilyand owner within 10 business days of making the determination. The family will be given 30 days from the date of the notice to move out of the PBV unit. If the family does not move out within this 30 -day time frame, BPHA will terminate the housing assistance payments at the expiration of this 30 -day period. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 436 of 539 BPHA may make exceptions to this 30 -day period if needed for reasons beyond the family's control such as death, serious illness, or other medical emergency of a family member. BPHA may refer other eligible families to the excepted units. However, if there are no eligible families on the waiting list and the owner does not refer eligible families to BPHA, BPHA will amend the HAP contract to reduce the total number of units under contract. PART VIII: DETERMINING RENT TO OWNER 17-VIII.A. OVERVIEW The amount of the initial rent to an owner of units receiving P13V assistance is established at the beginning of the HAP contract term. Although for rehabilitated or newly constructed housing, the agreement to enter into HAP Contract (Agreement) states the estimated amount of the initial rent to owner, the actual amount of the initial rent to owner is established at the beginning of the HAP contract term. During the tem of the HAP contract, the rent to owner is redetermined at the owner's request in accordance with program requirements, and at such time that there is a five percent or greater decrease in the published FMR. 17-VIII.B. RENT LIMITS [24 CFR 983.301] Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the following amounts: An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or any HUD -approved exception payment standard) for the unit bedroom size minus any utility allowance; 0 The reasonable rent; or 0 The rent requested by the owner. Certain Tax Credit Units [24 CFR 983.301(c)] For certain tax credit units, the rent limits are determined differently than for other PBV units. Different limits apply to contract units that meet all of the following criteria: The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986; 0 The contract unit is not located in a qualified census tract; Baldwin Park Housing Authority Administrative Plan — June 2021 Page 437 of 539 There are comparable tax credit units of the same bedroom size as the contract unit in the same project, and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and The tax credit rent exceeds 110 percent of the fair market rent or any approved exception payment standard; For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of: 0 The tax credit rent minus any utility allowance; 0 The reasonable rent; or 0 The rent requested by the owner Definitions A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD. Tax credit rent is the rent charged for comparable units of the same bedroom size in the project that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant -based voucher assistance). Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)] The PHA must determine reasonable rent in accordance with 24 CFR 983.303. The rent to owner for each contract unit may at no time exceed the reasonable rent, except in cases where the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner and, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent. However, the rent to owner must be reduced in the following cases: 0 To correct errors in calculations in accordance with HUD requirements If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to 24 CFR 983.55 If a decrease in rent to owner is required based on changes in the allocation of the responsibility for utilities between owner and tenant If the PHA has not elected within the HAP contract to establish the initial rent to owner as the rent floor, the rent to owner shall not at any time exceed the reasonable rent. 141, an OW TWO 19 Z WA BPHA will elect within the HAP contract not to reduce rents below the initial level, with the exception of circumstances listed in 24 CFR 983.302(c)(2). If upon redetermination of the rent to owner, the reasonable rent would result Baldwin Park Housing Authority Administrative Plan — June 2021 Page 438 of 539 in a rent below the initial rent, BPHA will use the higher initial rent to owner amount. Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301 (f)] When determining the initial rent to owner, the PHA must use the most recently published FIVIR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, the PHA must use the most recently published FIVIR and the utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at any time during the 30 -day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30 -day period immediately before the redetermination date. Any HUD -approved exception payment standard amount under the tenant -based voucher program also applies to the project -based voucher program. HUD will not approve a different exception payment stand amount for use in the PBV program. Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program. The same utility allowance schedule applies to both the tenant -based and project -based voucher programs. 111-yans"W1 NZMA Upon written request by the owner, BPHA will consider using the FIVIR or utility allowances in effect during the 30 -day period before the start date of the HAP, or redetermination of rent. The owner must explain the need to use the previous FMRs or utility allowances and include documentation in support of the request. BPHA will review and make a decision based on the circumstances and merit of each request. In addition to considering a written request from an owner, BPHA may decide to use the FIVIR or utility allowances in effect during the 30 -day period before the start date of the HAP, or redetermination of rent, if BPHA determines it is necessary due to PHA budgetary constraints. I 111 11111 1 111 I�11111111 I, �� I � I � 111 1111 gilill XT II M11 contracts. If the PHA adopts this policy, it must apply to all future Pl3V projects and the PHA's entire jurisdiction. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was made on or before the effective date of PHA implementation, provided the owner is willing to mutually agree to doing so and the application is prospective. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA Baldwin Park Housing Authority Administrative Plan — June 2021 Page 439 of 539 subsequently changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be effective until the first anniversary of the HAP contract. Redetermination of Rent [24 CFR 983-302] The PHA must redetermine the rent to owner upon the owner's request or when there is a five percent or greater decrease in the published FMR. Rent Increase If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the annual anniversary of the HAP contract (see Section 17- V.D.). The request must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in accordance with the rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g., adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs). Imumumgm An owner's request for a rent increase must be submitted to BPHA 60 days prior to the anniversary date of the HAP contract, and must include the new rent amount the owner is proposing. The PHA may not approve and the owner may not receive any increase of rent to owner until and unless the owner has complied with requirements of the HAP contract, including compliance with HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance. Rent Decrease If there is a decrease in the rent to owner, as established in accordance with program requirements such as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner must be decreased regardless of whether the owner requested a rent adjustment, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract. Notice of Rent Change The rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner specified in the HAP contract. The adjusted amount of rent to owner applies for the period of 12 calendar months from the annual anniversary of the HAP contract. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 440 of 539 Imumulam BPHA will provide the owner with at least 30 days written notice of any change in the amount of rent to owner. PHA -Owned Units [24 CFR 983.301(g)] For PHA -owned PBV units, the initial rent to owner and the annual redetermination of rent at the anniversary of the HAP contract are determined by the independent entity approved by HUD. The PHA must use the rent to owner established by the independent entity. 17-VIII.C. REASONABLE RENT [24 CFR 983.303] At the time the initial rent is established and all times during the term of the HAP contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract. When Rent Reasonable Determinations are Required The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur: There is a 10 percent or greater decrease in the published FIVIR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FIVIR that was in effect one year before the contract anniversary date; The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant; 0 The HAP contract is amended to substitute a different contract unit in the same building or project; or 0 There is any other change that may substantially affect the reasonable rent. How to Determine Reasonable Rent The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the amenities, housing services maintenance, and utilities to be provided by the owner. Comparability Analysis For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving project -based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified Baldwin Park Housing Authority Administrative Plan — June 2021 Page 441 of 539 person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the property. PHA -Owned Units For PHA -owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reasonable rent for PHA -owned units to the PHA and to the HUD field office where the project is located. Owner Certification of Reasonable Rent By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not more than rent charged by the owner for other comparable unassisted units in the premises. At any time, the PHA may require the owner to submit information on rents charged by the owner for other units in the premises or elsewhere. 17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to receive PBV assistance (see Section 17-11. D). Other Subsidy [24 CFR 983.304] To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee, a PHA shall reduce the rent to owner because of other governmental subsidies, including tax credits or tax exemptions, grants, or other subsidized funding. For units receiving assistance under the HOME program, rents may not exceed rent limits as required by that program. For units in any of the following types of federally subsidized projects, the rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program: • An insured or non-insured Section 236 project; • A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action; • A Section 221 (d)(3) below market interest rate (BMIR) project; • A Section 515 project of the Rural Housing Service; • Any other type of federally subsidized project specified by HUD. Combining Subsidy Baldwin Park Housing Authority Administrative Plan — June 2021 Page 442 of 539 Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements. Rent Control [24 CFR 983.305] In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be subject to rent control or other limits under local, state, or federal law. 2—Al :4 2 1*14111112—AW iy� I :U W9Fr*X*TZfLT:T,-0 17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351] During the term of the HAP contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the HAP contract. During the term of the HAP contract, payments must be made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible family. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date. Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit). The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance). In order to receive housing assistance payments, the owner must comply with all provisions of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the owner does not have a right to receive housing assistance payments. 17-IX.B. VACANCY PAYMENTS [24 CIFR 983.352] If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner's fault. BPHA PolicV If BPHA determines that the owner is responsible for a vacancy and, as a result, is not entitled to the keep the housing assistance payment, BPHA will notify the landlord of the amount of housing assistance payment that the owner must repay. BPHA will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B. At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner. The PHA may only make vacancy payments if: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 443 of 539 • The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner's knowledge); • The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed; • The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and • The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment. The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment. BPHA Polic If an owner's HAP contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified BPHA of the vacancy in accordance with the policy in Section 17 - VLF regarding filling vacancies. In order for a vacancy payment request to be considered, it must be made within 10 business days of the end of the period for which the owner is requesting the vacancy payment. The request must include the required owner certifications and BPHA may require the owner to provide documentation to support the request. If the owner does not provide the information requested by BPHA within 10 business days of BPHA's request, no vacancy payments will be made. 17-IX.C. TENANT RENT TO OWNER [24 CIFR 983.353] The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner. The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant. Tenant and PHA Responsibilities The family is not responsible for the portion of rent to owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 444 of 539 Likewise, the PHA is responsible only for making the housing assistance payment to the owner in accordance with the HAP contract. The PHA is not responsible for paying tenant rent, or any other claim by the owner, including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner. Utility Reimbursements If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of such excess to the tenant as a reimbursement for tenant - paid utilities, and the tenant rent to the owner must be zero. The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier. Imummagm BPHA will make utility reimbursements to the family. 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354] Meals and Supportive Services With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non- payment of such charges is not grounds for termination of tenancy. In assisted living developments receiving PBV assistance, the owner may charge for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development. Other Charges by Owner The owner may not charge extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 445 of 539 EXHIBIT 17-1: P13V DEVELOPMENT INFORMATION (Fill out one for each development) 1431ATINK Development Name: [insert name of PBV development] Address: [insert full address of Pl3V development] Owner Information: [insert P13V development owner name and contact information, If development is PHA -owned, enter "PHA -owned."] Property Management Company: [insert property management company name and contact information, or enter "None"] PHA -Owned: [Enter "Yes" or "No." If yes, enter name of independent entity] Mixed Finance Development: [Enter "Yes" or "No." If yes, list other types of funding and units to which other funding applies.] Effective Date of Contract: [Enter start date of HAP contract] HOTMA Requirements: [if HAP contract was signed prior to April 18, 2017, enter "Pre-HOTMA." If HAP contract was signed on or after April 18, 2017, enter "Post-HOTMA."] Term of HAP Contract: [Enter term from HAP contract] Expiration Date of Contract: [Enter expiration date from HAP contract] I Fz��, ", W Accessible Units and Features: [identify which units are accessible and describe accessibility features or enter "None"] Target Population: [Describe targeted population in accordance with HAP contract or enter "None"] Excepted Units: [identify excepted unit types below or enter "None"] Supportive Services: [Enter "Yes, see Exhibit D of HAP Contract" or enter "No"] Elderly Units� [Enter "Yes" or "No." If yes, identify which units are elderly units.] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 446 of 539 MINTAXIII Alm-MMIMAMORMIRNIMARENT1 Are units excepted because they are located in a low -poverty census tract area?: [Enter "Yes" or "No"] Waiting List Type: [ Enter "Site-based waiting list," "Combined with HCV," "Waiting list for entire P13V program," or "Merged with another assisted housing program"] Preferences: [Enter "Same as HCV; see Chapter 4" or describe preferences offered. If different from HCV, also note in Section 17.1.13 of this policy.] Preference Verification: [Enter "Same as HCV; see Chapter 4" or describe for each preference listed above. If different from HCV, note in Section 17.11.13 of this policy.] For the PBV program, is the income limit the same as the HCV program? (Note: In mixed finance developments, other income limits may also apply.) [Enter "Same as HCV; see Chapter 3" or clearly describe. If different from HCV, note in Section 17.1 13 of this policy.] I III!11j 1 1111 111111 1 111 1111111 111 OR! I a �N Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 17-V.F. within this chapter] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 447 of 539 EXHIBIT 17-2: Special Provisions Applying to TPVs Awarded as Part of a Voluntary Conversion of Public Housing Units in Projects that Include RAD PBV Units I =6 Mal EMIROMMIMMIUM Eli M son a al on MI NO M M ARM$ mi MOT I .3 110M 17-11.G. SITE SELECTION I Me Applicable Pol!qy_!n_�q� Baldwin Park Housing Authority Administrative Plan — June 2U21 Baldwin Park Housing Authority Administrative Plan — June 2U21 poverty and and economic qppgrtunity 1.6.B.5.d. PBV Site- Alternative 18-VII.C. UTILITY Specific Utility Allowances regui ement under RAID. No ALLOWANCES corresponding policy t Chapter 17. 1.6.C.1. No Rescreening o Policies contained in 18N.B. PROHIBITED Tenants upon Conversion Cha ter 3 relating to eligibility do not appi RESCREENING OF EXISTING TENANTS UPON to existpgjppg� CONVERSION who receive TPVs. 1.6.C.2. Right to Return Alternative 18-I.D. RELOCATION REQUIREMENTS RAID. No tCha2ter 17. 1.6.C.3. Phase-in of Tenant Alternative 18-VIII.D. PHASE-IN OF Rent Increases EggpkgM�gn�� TENANT RENT INCREASES RAID. No tChapter 17. 1 6,C.4. Family Sel Not covered in 18-VI.C. PUBLIC HOUSING FSS AND ROSS Suffi�c�ienc �FSS �and administrative plan. Resident Opportunities and PARTICIPANTS Self-Sufficiengy Service Coordinator (ROSS -SC) Programs 1.6.C.5. Resident Alternative 18-VI.D. RESIDENT RAID. No FUNDING 1.6.C.6. Resident Policies related to 18-VI.H. RESIDENTS' Procedural Rights hearing�i�Ch�ater PROCEDURAL RIGHTS 16 apply, with added notice reguirements Baldwin Park Housing Authority Administrative Plan — June 2U21 Baldwin Park Housing Authority Administrative Plan — June 2U21 as outlined in Chapter 1.6.C.7. Earned Income Alternative 18-VI.G. EARNED INCOME DisregardlEID) reguirements under DISALLOWANCE RAD tLb:j� New admissions follow policies in Chapter 6. 1.6.C.8. Jobs Plus Not covered in No 1 .6.C.9. When Total Tenant Alternative 18-VI.B. LEASE, Continuation Rent RAD for in-place Payments New admissions VII.B. LEASE, Continuation of Housing Assistance 1.6.C.10. Under -Occupied Alternative 18-VI.E. MOVES, Overcrowded Under - Unit RAD for in-place Occupied, and Accessible Units residents. New admissions follow 17-VII.C. Occupied, and Accessible Units 1.6.D.4. Establishment of Alternative 18-V.D. ORGANIZATION OF Wg!p2-Li§Lt THE WAITING LIST RAD for initial establishment of the waitinq list. Once established, follow 17- VI.D. SELECTION FROM THE WAITING LIST Baldwin Park Housing Authority Administrative Plan — June 2U21 1.6.D.10. Initial Alternative M 11 Rent Calculations for residents in -#-Toie-G�b-at-iTTd-utte-RAD-PBV-uT[ts.- BaldwinPark Housing Authority Administrative Plan — June 2U21 Page 45lof 539 fflm,111� PROJECT BASED VOUCHERS (PBV) UNDER THE RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM INTRODUCTION This chapter describes HUD regulations and PHA policies related to the Project - Based Voucher (PBV) program under the Rental Assistance Demonstration (RAD) program in eight parts: LPqaqrt 1: General Re _Q��ments. This part describes general provisions of the PBV program, including maximum budget authority requirements, relocation requirements, and equal opportunity requirements. Part 11: PBV Project Selection, This part describes the cap on assistance at projects receiving PBV assistance, ownership and control, and site selection standards. RPqarqtJj1L1: Dwelli _QAqHj0g_QDjLs. This part describes requirements related to housing quality standards, the type and frequency of inspections, and housing accessibility for persons with disabilities. Part IV: Housing Assistance Payments Contract, This part discusses HAP contract requirements and policies including the execution and term of the HAP contract. 'Part V: Selection of PBV Program Partic!pgnts. This part describes the requirements and policies governing how the PHA and the owner will select a family to receive PBV assistance. Part Vl: Occ This part discusses occupancy requirements related to the lease, and describes under what conditions families are allowed or required to move. Part Vil: Determining Contract Rent, This part describes how the initial rent to owner is determined, and how rent will be redetermined throughout the life of the HAP contract. Part Vill: Payments to Owner. This part describes the types of payments owners may receive under this program. The Rental Assistance Demonstration (RAD) program was authorized in 2012 in order to assess the effectiveness of converting public housing, moderate rehabilitation properties, and units under the rent supplement and rental assistance payments programs to long-term, project -based Section 8 rental assistance. The program's four primary objectives are to: 0 Preserve and improve public and other assisted housing. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 452 of 539 • Standardize the administration of the plethora of federally subsidized housing programs and rules. The conversions are intended to promote operating efficiency by using a Section 8 project -based assistance model that has proven successful and effective for over 30 years. In other words, RAD aligns eligible properties more closely with other affordable housing programs, • Attract private market capital for property renovations, Through the use of this model, properties may be able to leverage private debt and equity to make capital repairs. • Increase tenant mobility opportunities, Under the first component, a PHA with public housing units may submit an application to HUD to convert some or all of their public housing units to long- term, project -based Section 8 HAP contracts under either- • Project -based rental assistance (PBRA) under HUD's Office of Multifamily Housing Programs. • Project -based vouchers (PBVs) under HUD's Office of Public and Indian Housing (PIH). This chapter will focus on public housing conversions to the PBV program under RAD. In order to distinguish between requirements for public housing conversion under RAD and PBV units under the standard PBV program, we will refer to the standard P13V program and the RAD PBV program, W*, j Z RV On the whole, the regulations for both the standard and RAD PBV programs generally follow the regulations for the tenant -based HCV program found at 24 CFR Part 982. However, important parts of the tenant -based regulations do not apply to the project -based program, 24 CFR Part 983 outlines the sections of 24 CFR Part 982 that are not applicable to the project -based program. For the RAD PBV program, Congress authorized HUD to waive certain statutory and regulatory provisions or establish alternative requirements from the standard PBV program. These provisions are identified in Notice PlH 2019-23 (issued September 5, 2019). Any non -RAD PBV units located in the covered project are subject to the same waivers and alternative requirements where noted in Notice PIH 2019-23 and in this policy. Otherwise, all regulatory and statutory requirements for the standard P13V program in 24 CFR Part 983 and Section 8(o)(1 3) of the Housing Act of 1937, and all applicable standing and subsequent Office of Public and Indian Housing (PIH) notices and guidance, including related handbooks, apply to RAD PBV. This includes environmental review, Davis -Bacon, and fair housing requirements, RAD is authorized by the Consolidated and Further Continuing Appropriations Act of 2012 (Public Law 112-55, approved November 18, 2011), as amended by the Consolidated Appropriations Act of 2014 (Public Law 113-76, approved January 17, 2014), the Consolidated and Further Continuing Appropriations Act Baldwin Park Housing Authority Administrative Plan — June 2021 Page 453 of 539 of 2015 (Public Law 113-235, approved December 6, 2014), the Consolidated Appropriations Act of 2016 (Public Law 114-113, approved December 18, 2015), the Consolidated Appropriations Act, 2017 (Public Law 115-31, approved May 5, 2017), and section 237 of Title 11, Division L, Transportation, Housing and Urban Development, and Related Agencies, of the Consolidated Appropriations Act, 2018 (Public Law 115-141, approved March 23, 2018) collectively, the "RAD Statute." Requirements specific to the RAD program may be found in the following: I I I I 1 5 � 11 11 I I � 4V I Zl-/-O VVdz5 111111 Itj IUdUlt: dL L lt� UI LAUZ:011Y LU all projects converting assistance (notwithstanding execution of a commitment for conversion). Notice PIH 2019-23 was published on September 5, 2019. Except with respect to changes in the project eligibility and selection criteria, not included in this policy, which are effective after a 30 -day comment period. "I'M 0011 Except with respect to changes in the project eligibility and selection criteria, not included in this policy, which were effective after a 30 -day comment period, PAD Quick Reference Guide for Public Housing Converting to PBV Assistance (110/14) 0 RAD Welcome Guide for New Awardees- PAD 1st Component (3/15) Notice PIH 2016-17, Rental Assistance Demonstration (RAD) Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component — Public Housing Conversions. - This Notice applies to all projects that have applied for RAD conversion but have not yet converted as of November 10, 2016. Notice PlH 2014-17, Relocation Requirements under the RAD Program, Public Housing in the First Component. - This notice may apply to projects that have converted to RAD prior to November 10, 2016, AND who have requested and received approval from HUD to be governed by this notice. See PIH Notice 2016-17, Section 1, Paragraph 1.3 for applicability. Will RAD FAQs (http://w.ww.radres.ource..net/search.cfm Baldwin Park Housing Authority Administrative Plan — June 2021 Page 454 of 539 lvzl� E12ject Clo in Date RAD Notice AL_q_ — In other words, the standard P13V program follows many of the same regulationm as the tenant -based HCV program, but not all of them, and the RAD PBV program follows many of the same regulations as the standard P13V program, b not all of them. I MTW agencies are able to apply activities impacting the PBV program that are approved in the MTW Plan to properties converting under RAD, provided they do not conflict with RAD requirements. 18-I.C. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE [24 CFR 983.2] Much of the tenant -based voucher program regulations also apply to the P13V program. Consequently, many of the PHA policies related to tenant -based assistance also apply to RAD P13V assistance, The provisions of the tenant - based voucher regulations that do not apply to the PBV program are listed at 24 CFR 9832 I–Except as otherwise noted in this chapter, or unless specifically prohibited by PBV program regulations, BPHA policies for the tenant -based voucher program contained in this administrative plan also apply to the RAD PBV program and its participants. This chapter is intended to address requirements specific to the RAD PBV program only. See Exhibit 18-1 for information on projects to which BPHA has attached RAD P13V assistance. For projects that apply for conversion of assistance under the First Component of RAD and will convert November 10, 2016 or later, the following applies [Notice PIH 2016-17]: In some developments, in-place residents may need to be relocated as a result of properties undergoing repairs, being demolished and rebuilt, or when assistance is transferred from one site to another. RAD program rules prohibit the permanent, involuntary relocation of residents as a result of conversion. Residents that are temporarily relocated retain the right to return to the project once it has been completed. Any non -RAD P13V units located in the same project are also subject to the right to return. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 455 of 539 Relocation assistance provided to residents will vary depending on the length of time relocation is required. Residents must be properly notified in advance of relocation requirements in accordance with RAD program rules and Uniform Relocation Act (URA) requirements, and other requirements which may be applicable such as Section 104(d) of the Housing and Community Development Act of 1974, as amended. Sample informing notices are provided in Appendices 2-5 of Notice PIH 20114-117� A written relocation plan is required if the RAD conversion involves permanent relocation (including a move in connection with a transfer of assistance) or temporary relocation anticipated to last longer than a year. While the PHA is not required to have a written relocation plan for temporary relocation lasting one year or less, HUD strongly encourages PHAs to prepare one. Appendix 11 of Notice PIH 2016-17 contains recommended contents for a relocation plan. In addition, PHAs must undertake a planning process that complies with thl Uniform Relocation Assistance and Real Property Acquisition Policies Act 1970, as amended (URA), although not all relocations under RAD will trigg requirements under URA. URA statute and implementing regulations may found at 49 CFR Part 24. The obligation due to relocating residents under RAD are broader than URA relocation assistance and payments. I Any residents that may need to be temporarily relocated to facilitate rehabilitation or construction will have a right to return to either: a) a unit at the development once rehabilitation or construction is completed, provided the resident's household is not under -housed; or b) a unit in the development which provides the same major features as the resident's unit in the development prior to the implementation of the RAD conversion. Where the transfer of assistance to a new site is warranted and approved, residents of the converting development will have the right to reside in an assisted unit at the new site once rehabilitation or construction is complete. If the PHA's proposed plans for conversion would preclude a resident from returning to the development, the resident must be given an opportunity to comment and/or object to such plans. PHAs must alter the project plans to accommodate the resident's right to return to the development if the resident would be precluded from returning to the development. • Examples of project plans that may preclude a resident from returning to the development include, but are not limited to- • Changes in the development's bedroom distribution that decrease the size of the units, resulting in the resident being under -housed, • The resident cannot be accommodated in the remaining assisted units due to a reduction in the number of assisted units at the development; • Income limit eligibility requirements associated with the LIHTC program or another program,- and Baldwin Park Housing Authority Administrative Plan — June 2021 Page 456 of 539 * Failure to provide a reasonable accommodation, in violation of applicable law, where reasonable accommodation may include installation of accessibility features that are needed by the resident. * Residents of a development undergoing conversion that would be precluded from returning to the development may voluntarily accept a PHA or owner's offer to permanently relocate to alternative housing, and thereby waive their right to return to the development after rehabilitation or construction is completed. In this event, the PHA must secure the resident's written consent to a voluntary permanent relocation in lieu of returning to the development. PHAs are prohibited from employing any tactics to pressure residents into relinquishing their right to return or accepting other housing options. Additionally, a PHA may not terminate a resident's lease if the PHA fails to obtain the resident's consent and the resident seeks to exercise the right to return. In the case of multi -phase RAID transactions, the resident has a right to return to the development or to other converted phases of the development that are available for occupancy at the time the resident is eligible to exercise their right of return. Generally, the resident's right to return must be accommodated within the development associated with the resident's original unit, however, the PHA may treat multiple converted developments on the same site as one for purposes of right to return. Should the PHA seek to have the resident exercise the right to return at a future phase, the PHA must secure the resident's consent in writing. • Alternative housing options may involve a variety of housing options, including but not limited to- • Transfers to public housing • Admission to other affordable housing properties subject to the applicable program rules • Housing choice voucher (HCV) assistance • Homeownership programs subject to the applicable program rules • Other options identified by the PHA • However, for projects that applied for conversion prior to November 10, 2016, the following applies [Notice PIH 2014-117]: • In some developments, in-place residents may need to be relocated as a result of properties undergoing repairs, being demolished and rebuilt, or when assistance is transferred from one site to another. RAID program rules prohibit the permanent, involuntary relocation of residents as a result of conversion. Residents that are temporarily relocated retain the right to return to the project once it has been completed. • Relocation assistance provided to residents will vary depending on the length of time relocation is required. Residents must be properly notified Baldwin Park Housing Authority Administrative Plan — June 2021 Page 457 of 539 in advance of relocation requirements in accordance with RAD program rules and Uniform Relocation Act (URA) requirements. Sample informing notices are provided in Appendices 2-5 of Notice PIH 2014-17. While the PHA is not required to have a written relocation plan, HUD strongly encourages PHAs to prepare one. Appendix I of Notice PIH 2014-17 contains recommended contents for a relocation plan. In addition, PHAs must undertake a planning process that complies with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), although not all relocations under RAD will trigger requirements under URA. URA statute and implementing regulations may be found at 49 CFR Part 24. Any residents that may need to be temporarily relocated to facilitate rehabilitation or construction will have a right to return to an assiste uni at the development once rehabilitation or construction is completed. Where the transfer of assistance to a new site is warranted and approve residents of the converting development will have the right to reside 'in a assisted unit at the new site once rehabilitation or construction is complete. Residents of a development undergoing conversion of assistance may voluntarily accept a PHA or owner's offer to permanentl relocate to another assisted unit, and thereby waive their right to return t the development after rehabilitation or construction is completed. 18-I.E. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8; 24 CFR 5.105; Notice PIH 2016-17] RAD conversions are governed by the same civil rights authorities that govern HUD -assisted activities in general. These authorities prohibit discrimination and impose affirmative obligations on HUD program participants. PHAs must comply with all applicable fair housing and civil rights laws, including but not limited to the Fair Housing Act, Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, when conducting relocation planning and providing relocation assistance. For example, persons with disabilities returning to the RAD project may not be turned away or placed on a waiting list due to a lack of accessible units. Their need for an accessible unit must be accommodated. See the RAD Fair Housing, Civil Rights, and Relocation Notice [Notice PIH 2016-17] for more information. Inlike in the standard PBV program where the ?!'HA typically selects the property through an owner proposal selection process, projects selected for assistance under RAD PBV are selected in accordance with the provisions in Notice PlH 2019-23, Therefore, 24 CFR 983.51 does not apply since HUD selects RAD properties through a competitive selection process. Baldwin Park Housing Authority Administrative Plan — June 2U21 18-11.113. OWNERSHIP AND CONTROL [Notice P1H 2019-23] For projects governed by Notice PIH 2019-23, the following language applies� 0 Under the Pl3V program, the contract administrator and the owner listed on the contract cannot be the same legal entity (i.e., the PHA cannot execute a contract with itself). To avoid this situation, the PHA may either: 1) Transfer the ownership of the project to a nonprofit affiliate or instrumentality of the PHA (including to a "single -purpose entity" that owns nothing other than the property, which will typically be a requirement of a lender or investor), or 2) The PHA can form a related entity that is responsible for management and leasing and can serve as the owner for purposes of the Section 8 HAP contract, in this scenario, the HAP is then executed between the PHA (as the contract administrator) and the PHA's related entity (as the owner for HAP contract purposes). Note that in the second scenario, both the PHA and the entity serving as the owner for HAP contract purposes will be required to sign the RAD Use Agreement [RAD Resource Desk FAQ 01/24/19]� 0 Except where permitted to facilitate the use of low-income housing tax credits, during both the initial term and renewal terms of the HAP contract, ownership must be by a public or nonprofit entity. HUD may also allow ownership of the project to be transferred to a tax credit entity controlled by a for-profit entity to facilitate the use of tax credits for the project, but only if HUD determines that the PHA or a nonprofit entity preserves an interest in the profit. The requirement for a public or nonprofit entity, or preservation of an interest by a PHA or nonprofit in a property owned by a tax credit entity controlled by a for-profit entity, is satisfied if a public or nonprofit entity (or entities), directly or through a wholly owned affiliate (1) holds a fee simple interest in the property; (2) is the lessor under a ground lease with the property owner; (3) has the direct or indirect legal authority to direct the financial and legal interest of the property owner with respect to the RAD units, (4) owns 51 percent or more of the general partner interests in a limited partnership or 51 percent or more of the managing member interests in a limited liability company with all powers of a general partner or managing member, as applicable; (5) owns a lesser percentage of the general partner or managing member interests and holds certain control rights as approved by HUD; (6) owns 51 percent or more of all ownership interests in a limited partnership or limited liability company and holds certain control rights as approved by HUD; or (7) demonstrates other ownership and control arrangements approved by HUD. 0 Control may be established through the terms of the project owner's governing documents or through a Control Agreement, provided that in either case amendment of the terms of control requires consent from HUD. For projects subject to the requirements of Notice PlH 2012-32, REV -3, the following language applies� 0 Except where permitted to facilitate the use of low-income housing tax credits, during both the initial term and renewal terms of the HAP contract, ownership must be by a public or nonprofit entity. The requirement for a public or nonprofit entity is satisfied if a public or nonprofit entity (or entities), directly or Baldwin Park Housing Authority Administrative Plan — June 2021 Page 459 of 539 through a wholly owned affiliate (1) holds a fee simple interest in the property-, (2) is the lessor under a ground lease with the property owner-, (3) has the direct or indirect legal authority to direct the financial and legal interest of the property owner with respect to the RAD units, (4) owns 51 percent or more of the general partner interests in a limited partnership or 51 percent or more of the managing member interests in a limited liability company with all powers of a general partner or managing member, as applicable; (5) owns a lesser percentage of the general partner or managing member interests and holds certain control rights as approved by HUD; (6) owns 51 percent or more of all ownership interests in a limited partnership or limited liability company and holds certain control rights as approved by HUD; or (7) other ownership and control arrangements approved by HUD. a If low-income housing tax credits will be used, HUD may allow ownership of the property to be transferred to a tax credit entity controlled by a for-profit entity if HUD determines that the PHA preserves its interest in the property. Preservation of PHA interest in the property includes but is not limited to the following: The PHA, or an affiliate under its sole control, is the general partner or managing member-, The PHA retains fee ownership and leases the real estate to the tax credit entity pursuant to a long-term ground lease; The PHA retains control over leasing the property and determining program eligibility, The PHA enters into a control agreement by which the PHA retains consent rights over certain acts of the project owner and retains certain rights over the project; Other means that HUD finds acceptable For projects that converted assistance prior to the implementation of Notice PIH 2012-32, REV 3, the following language applies - During both the initial term and renewal terms of the HAP contract, ownership must be either of the following: A public or nonprofit entity that has legal title to the property. The entity must have the legal authority to direct the financial, legal, beneficial, and other interests of the property; or A private entity, if the property has low-income tax credits. The PHA must maintain control via a ground lease. 18-11I.C. PHA -OWNED UNITS [24 CFR 983.59, FR Notice 1/18/17, and Notice PIH 2017 21] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 460 of 539 The definition of ownership or control provided under Notice PIH 2019-23 (listed above) is used specifically to determine whether a PHA retains control over a project for purposes of HUD's requirement for ownership or control of the covered project under RAD. For purposes of determining whether an independent entity will perform certain functions for the project, the definition of PHA -owned under Notice PIH 2017-21 is used. This is the same definition used for standard PBV units. In some cases, a project may meet the RAD definition of ownership or control but may not be considered PHA -owned for purposes of requiring an independent entity. The independent entity that performs the program services may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government), or another HUD -approved public or private independent entity. The PHA may compensate the independent entity from PHA ongoing administrative fee income (including amounts credited to the administrative fee reserve). The PHA may not use other program receipts to compensate the independent entity for its services, The PHA, and the independent entity, may not charge the family any fee for the services provided by the independent entity. Baldwin Park Housing Authority Administrative Plan — June 2U21 Page 4olof 539 0 Following execution of the HAP contract, PHAs are authorized to use operating and capital funds to make HAP payments for the remainder of the first calendar year in which the HAP contract is effective, Otherwise, a PHA may not contribute public housing program funds to the covered project unless those funds have been identified in the RCC and converted at closing for Section 8 RAD purposes. For projects governed by Notice PIH 2012-32, REV -3, the following language applies: 0 In the case of a PHA that is converting all of its ACC units, there is no restriction on the amount of public housing funds that may be contributed to the covered project at closing; the PHA may convey all program funds to the covered projects. In order to cover the cost of administrative activities required to terminate the ACC, once it no longer has units under the ACC and has no plans to develop additional public housing, the PHA may: - Designate that a reserve associated with the project be available to fund any public housing closeout costs (such as an operating deficit reserve or a specific PHA closeout reserve). Any funds not needed for public housing closeout costs would remain in such reserve or may be transferred to another reserve associated with the project (such as the replacement reserve). Thereafter, these funds may be used at the project pursuant to the authorized use of the applicable reserve, or - Retain funds under the public housing program for this purpose. However, HUD will recapture any public housing funds that a PHA does not expend for closeout costs. 0 In the case where the PHA will continue to maintain other units in its inventory under a public housing ACC, a contribution of operating funds to the covered project that exceeds the average amount the project has held in operating reserves over the past three years will trigger a subsidy layering review under 24 CFR 4.13. Similarly, any contribution of capital funds, including Replacement Housing Factor (RHF) or Demolition Disposition Transitional Funding (DDTF), will trigger a subsidy layering review. Notwithstanding the subsidy layering review, PHAs should be mindful of how the capital funds or operating reserves used in the financing of its RAD properties may impact the physical and financial health of properties that will remain in its public housing inventory. 0 In addition, following execution of the HAP contract, PHAs are authorized to use operating and capital funds to make HAP payments for the remainder of the first calendar year in which the HAP contract is effective. Otherwise, a PHA may not contribute public housing program funds to the covered project unless such funding has been identified in the approved financing plan and included in the approved "sources and uses" attached to the RCC. For projects governed by the requirements of Notice PIH 2012-32, REV -2, the following language applies: 0 In the case of a PHA that is converting all of its ACC units, there is no restriction on the amount of public housing funds that may be contributed to the Baldwin Park Housing Authority Administrative Plan — June 2021 Page 462 of 539 covered project at closing; the PHA may convey all program funds to the coverE project. HUD will recapture any public housing funds that a PHA has not expended once it no longer has units under ACC. In the case where the PHA wi continue to maintain other units in its inventory under a public housing ACC, a contribution of operating funds to the covered project that exceeds the average amount the project has held in operating reserves over the past three years will trigger a subsidy layering review under 24 CFR 4.13, Similarly, any contribution of capital funds, including Replacement Housing Factor (RHF) or Demolition Disposition Transitional Funding (DDTF), will trigger a subsidy layering review, Notwithstanding the subsidy layering review, PHAs should be mindful of how th� capital funds or operating reserves used in the financing of its RAD properties may impact the physical and financial health of properties that will remain in its public housing inventory. 18-II.E. P13V PERCENTAGE LIMITATION AND UNIT CAP [Notice PIN 2019- 23] P13V Percentage Limitation Covered projects do not count against the maximum amount of assistance a PHA may utilize for the P13V program, which under the standard PBV program is set at 20 percent of the authorized units allocated to a PHA under the HCV program. To implement this provision, HUD is waiving section 8(o)(1 3)(B) of the 1937 Act as well as 24 CFR 9816. Unit Cap Limitation When HUD published REV -3 of Notice PIH 2012-32, the cap on the number of assisted units in each project was eliminated. Under the standard PBV program the cap is set at the greater of 25 units or 25 percent of the units in the project. HUD is waiving this requirement, and projects governed by Notice PIH 2019-23 and Notice PIH 2012-32, REV -3 have no cap on the number of units that may receive PBV assistance in a project. However, for projects that are governed by REV -2 of Notice PIH 2012-32, the cap on the number of PBV units in the project is increased to 50 percent. In these projects, however, provided units met certain exception criteria, the PHA may have converted a larger number of units to RAD PBV. For projects governed by the requirements of Notice PIH 2012-32, REV -2 only, the following language applies: 0 In general, the PHA may not provide Pl3V assistance for units in a project if the total number of dwelling units in the project that will receive PBV assistance during the term of the Pl3V HAP contract is more than 50 percent of the number of dwelling units (assisted or unassisted) in the project. However, PHAs may exceed the 50 percent limitation when units in the project are occupied by elderly and/or disabled families or families that will receive supportive services. These units are known as "excepted units" and do not count toward the project cap. 0 For projects governed by the requirements of Notice PIH 2012-32, REV -2 choosing to include excepted units, additional policy decisions may be required. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 463 of 539 For projects governed by Notice PIH 2012-32, REV -2, BPHA will not provide RAD P13V assistance for any excepted units. 18-11I.F. SITE SELECTION STANDARDS [Notice PIH 2019-23; Notice PIH 2016 17] Site selection requirements set forth in 24 CFR 983.57 apply to RAD PBV, with the exception of 983.57(b)(1) and (c)(2). HUD waives the provisions regarding deconcentration of poverty and expanding housing and economic opportunity for existing housing sites. To facilitate the uniform treatment of residents and units, any non -RAD Pl3V units located in the same project are subject to the terms of this provision. HUD will conduct a front-end civil rights review of the PHA's proposed site in certain circumstances. For RAD PBV conversions that involve new construction located in an area of minority concentration (whether on the existing public housing site or on a new site) HUD will determine whether it meets one of the exceptions that would allow for new construction in an area of minority concentration. The PHA must ensure that its RAD PBV conversion, including any associated new construction, is consistent with its certification to affirmatively further fair housing and complies with civil rights laws. 18-II.G. ENVIRONMENTAL REVIEW [Notice PIH 2019-23; Environmental Review Requirements for RAD Conversions, March 2019] HUD cannot approve an applicant's financing plan submission unless and until the required environmental review has been completed for the applicant's proposed conversion project and found to meet environmental review requirements. Environmental documents must be submitted no later than the applicant's financing plan. HUD will not issue a RAD Conversion Commitment (RCC) if the project plan does not meet the environmental review requirements described in Attachment 1A of Notice PlH 2019-23. Once an awardee has submitted an application for a specific project, they may not make any choice limiting actions before the completion of the environmental review. PART III: DWELLING UNITS 118-111I.A. OVERVIEW This part identifies the special housing quality standards that apply to the RAD PBV program, housing accessibility for persons with disabilities, and special procedures for conducting housing quality standards inspections. 18-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101] The housing quality standards (HQS) for the tenant -based program generally apply to the PBV program. HQS requirements for shared housing, manufactured Baldwin Park Housing Authority Administrative Plan — June 2021 Page 464 of 539 home space rental, and the homeownership option do not apply because these housing types are not assisted under the PBV program. The physical condition standards at 24 CFR 5.703 do not apply to the PBV program. Lead-based Paint [24 CFR 983.101 (c); Notice PIN 2019-23] The lead-based paint requirements for the tenant -based voucher program do not apply to the P13V program. Instead, The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U�S.C� 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, and 40 CFR 745.227, apply to the PBV program. 1111111 ;11, ;l1l 111 1 "1 Federal accessibility requirements apply to all conversions, whether they entail new construction, alternations, or existing facilities. The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U�&C� 794) and implementing regulations at 24 CFR part 8. The PHA must ensure that the percentage of accessible dwelling units complies with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR 8, subpart C. 18-11I.D. INSPECTING UNITS Initial Inspection [RAD Quick Reference Guide; Notice PIH 2019-23] Under standard PBV regulations at 24 CFR 983.103(b), a PHA may not enter into a HAP contract until the PHA has determined all units comply with HQS. It is the responsibility of the contract administrator to perform this initial inspection (unless units are PHA -owned). In order to accommodate projects in which repairs are conducted, however, HUD has waived this requirement when units are undergoing rehabilitation. In this case, units must meet Il by the date indicated in the RAD Conversion Commitment (RCC). Turnover Inspections [24 CFR 983.103(c), FR Notice 1/18/17, and Notice PIN 2017-20] Before providing assistance to a new family in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the family until the unit fully complies with HQS. Annual/Biennial Inspections [24 CFR 983.103(d); FR Notice 6/25/14] At least once every 24 months during the term of the HAP contract, the PHA must inspect a random sample consisting of at least 20 percent of the contract Baldwin Park Housing Authority Administrative Plan — June 2021 Page 465 of 539 units in each building, to determine if the contract units and the premises are maintained in accordance with HQS. Turnover inspections are not counted toward meeting this inspection requirement, The PHA will inspect on an annual basis a random sample consisting of at least 20 percent of the contract units in each building to determine if the contract units and the premises are maintained in accordance with HQS. If more than 20 percent of the sample of inspected contract units in a building fail the initial inspection, BPHA must reinspect 100 percent of the contract units in the building. IF I I 11I III IWIIIll', Fill 115 11 111 111 1 1 In the case of mixed -finance properties that are subject to alternative inspections, the PHA may rely upon an alternative inspection conducted at least triennially to demonstrate compliance with inspection requirements. LM, war.11 The PHA must inspect contract units whenever needed to determine that the contract units comply with HQS and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract, The PHA must take into account complaints and any other information coming to its attention in scheduling inspections. The PHA must conduct follow-up inspections needed to determine if the owner (or, if applicable, the family) has corrected an HQS violation, and must conduct inspections to determine the basis for exercise of contractual and other remedies for owner or family violation of HQS. In conducting PHA supervisory quality control HQS inspections, the PHA should include a representative sample of both tenant -based and project -based units. Inspecting PHA -Owned Units [24 CFR 983.103(f)-, Notice PIH 2017-21] In the case of PHA -owned units, all required inspections must be performed by an independent entity designated by the PHA and approved by HUD. The independent entity must furnish a copy of each inspection report to the PHA and to the HUD field office where the project is located. The PHA must take all necessary actions in response to inspection reports from the independent agency, including exercise of contractual remedies for violation of the HAP contract by the PHA -owner. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 466 of 539 PART IV: HOUSING ASSISTANCE PAYMENTS (HAP) CONTRACT 18-IV.A. OVERVIEW [PBV Quick Reference Guide 101141 Public housing projects converting under RAD do not employ the PBV Agreement to Enter into a Housing Assistance Payments (AHAP) contract. Instead, following the execution of all requirements contained in the Commitment to Enter into a HAP (CHAP) contract and the RAD Conversion Commitment (RCC), a project is converted immediately to the RAD PBV HAP contract following the closing of any construction financing. Owners of public housing projects converted to PBV assistance via PAD enter into a HAP contract with the PHA that will administer the PBV assistance. Units assisted under a RAD PBV HAP contract must be subject to long-term, renewable use and affordability restrictions. 18-IV.B. HAP CONTRACT REQUIREMENTS Contract Information [PBV Quick Reference Guide 10/14; Notice PIH 2019- 23] The RAD PBV program uses the PBV HAP contract for new construction or rehabilitated housing (Form HUD -52530A), as modified by the RAD rider (Form HUD -52621). For closings on or after January 1, 2018, HUD incorporated the RAD rider directly into the standard PBV HAP contract. For closing that occurred prior to January 1, 2018, the PAD rider must be attached to the P13V HAP contract. The distinction between "existing housing" and "rehabilitated and newly constructed housing" is overridden by RAD requirements. The project must also have an initial RAD use agreement. All public housing RAD conversion properties financed with LIHTC are also required to include an LIHTC rider. Execution and Effective date of the HAP Contract [RADBlast! 7/11/16] RAD PBV projects do not employ an Agreement to Enter into a Housing Assistance Payments (AHAP) contract like in the standard Pl3V program. Rather, when the conditions of the CHAP and the RCC are met and the conversion has closed, the PHA executes the HAP contract, Project owners may select the effective date of the HAP contract as the first day of either of the two months following the completed closing. Term of HAP Contract [Notice PIH 2019-23] The initial term of the HAP contract may not be for less than 15 years and may be for a term of up to 20 years upon request of the owner and with approval of the administering voucher agency. Upon expiration of the initial term of the contract, and upon each renewal term of the contract, the owner must accept each offer to renew the contract, for the prescribed number and mix of units, either on the site of the project subject to the expiring contract or, upon request of the project owner and subject to PHA and HUD approval, at another site through a future transfer of assistance. Contracts are subject to the terms and conditions applicable at the time of each offer and further subject to the availability of appropriations for each year of each such renewal. To implement this provision, HUD is waiving section 8(o)(1 3)(F) of The United States Housing Act of 1937, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 467 of 539 which permits a minimum term of one year, as well as 24 CFR 983.205(a), which governs the contract term. Agreement to Enter into a HAP (AHAP) Contract [Notice PIH 2019-23] For public housing conversions to PBV, there will be no agreement to enter into a Housing Assistance Payments (AHAP) contract, Therefore, all regulatory references to the Agreement (AHAP), including regulations under 24 CFR Part 983 Subpart D, are waived, The definitions for proposal selection date, new construction, rehabilitation, and existing housing are not applicable. Mandatory Contract Renewal [Notice PlH 2019-23] By statue, upon contact expiration, the agency administering the vouchers will offer, and the PHA will accept, renewal of the contract for the prescribed number and mix of units, either on the site of the project subject to the expiring contract or, upon request of the project owner and subject to PHA and HUD approval, at another site through a future transfer of assistance. The contract is subject to the terms and conditions applicable at the time of renewal and the availability of appropriations each year for such renewal. Consequently 24 CFR 983.205(b), governing the PHA discretion to renew the contract, will not apply. In the event that the HAP contract is removed due to breach, non-compliance or insufficiency of appropriations, for all units previously covered under the HAP contract, new tenants must have incomes at or below 80 percent of the area median income at the time of admission and rents may not exceed 30 percent of 80 percent of median income for an appropriate size unit for the remainder of the term of the RAD use agreement. Remedies for HQS Violations [24 CFR 983.208(b)] The PHA may not make any HAP payment to the owner for a contract unit during any period in which the unit does not comply with HQS. If the PHA determines that a contract unit does not comply with HQS, the PHA may exercise any of its remedies under the HAP contract, for any or all of the contract units, Available remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the HAP contract. BPHA Polia BPHA will abate and terminate PBV HAP contracts for noncompliance with HQS in accordance with the policies used in the tenant -based voucher program. These policies are contained in Section 8-II.G., Enforcing Owner Compliance. 18-IV.C. AMENDMENTS TO THE HAP CONTRACT Floating Units [Notice PIH 2019-23] Upon request of the owner to the voucher agency that will administer the project, HUD will permit assistance to float among units within the project that are the Baldwin Park Housing Authority Administrative Plan — June 2021 Page 468 of 539 same bedroom size. The unit to which assistance is floated must be comparable to the unit being replaced in quality and amenities. If the PHA chooses to float units, units are not specifically identified on the HAP contract, rather the HAP contract must specify the number and type of units in the property that are RAD P13V units. The property must maintain the same number and type of RAD units from the time of the initial HAP contract execution forward. MOM BPHA will float assistance among unoccupied units within the projela Tracking of the number and type of units at the property, as well as identification of comparable units when assistance is floated, will be maintained by each property. Jill Project owners are required to make available for occupancy by eligible tenants the number of assisted units under the terms of the HAP contract. The PHA may not reduce the number of assisted units without written HUD approval. Any HUD approval of a PHA's request to reduce the number of assisted units under contract is subject to conditions that HUD may impose. MTW agencies may not alter this requirement. If units are removed from the HAP contract because a new admission's TTP comes to equal or exceed the gross rent for the unit and if the project is fully assisted, the PHA must reinstate the unit after the family has vacated the property. If the project is partially assisted, the PHA may substitute a different unit for the unit on the HAP contract in accordance with 24 CFR 983,207, or where the development has "floating" units. 18-IV.D. HAP CONTRACT YEAR AND ANNIVERSARY DATES [24 CFR 983.302(e)] The HAP contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term. The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. There is a single annual anniversary date for all units under a particular HAP contract. 18-IV.E. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT [24 CFR 983.210] When the owner executes the HAP contract, he or she certifies that at su execution and at all times during the term of the HAP contract- il Baldwin Park Housing Authority Administrative Plan — June 2021 Page 469 of 539 • The owner is providing all services, maintenance, equipment, and utilities as agreed to under the HAP contract and the leases; • Each contract unit for which the owner is receiving HAP is leased to an eligible family referred by the PHA, and the lease is in accordance with the HAP contract and HUD requirements; • To the best of the owner's knowledge, the family resides in the contract unit for which the owner is receiving HAP, and the unit is the family's only residence; • The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit, • The amount of the HAP the owner is receiving is correct under the HAP contract, • The rent for contract units does not exceed rents charged by the owner for comparable unassisted units; • Except for HAP and tenant rent, the owner has not received and will not receive any other payment or consideration for rental of the contract unit; • The family does not own or have any interest in the contract unit (this does not apply to the family's membership in a cooperative); and • Repair work on the project selected as an existing project that is performed after HAP contract execution within such post -execution period as specified by HUD may constitute development activity, and if determined to be development activity, the repair work undertaken shall be in compliance with Davis -Bacon wage requirements. 18-IV.F. VACANCY PAYMENTS [24 CFR 983.352(b)] At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner for a PHA -determined period of vacancy extending from the beginning of the first calendar month after the move -out month for a period not exceeding two full months following the move -out month. The amount of the vacancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner, including amounts available from the tenant's security deposit. 11101 =a BPHA will provide vacancy payments to the owner, The HAP contract with the owner will contain the amount of the vacancy payment and the period for which the owner will qualify for these payments. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 470 of 539 Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant -based voucher program, Applicants must qualify as a family as defined by HUD and the PHA, have income at or below HUD-specifie income limits, and qualify on the basis of citizenship or the eligible immigration status of family members [24 CFR 982.201 (a) and 24 CFR 983.2(a)]. In additio an applicant family must provide social security information for family members [24 CFR 5.216 and 5.2181 and consent to the PHA's collection and use of famil Baldwin Park Housing Authority Administrative Plan — June 2U21 Page 47lof 539 The PHA may also not approve a tenancy if the owner (including a principal or other interested party) of the unit is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless needed as a reasonable accommodation. An applicant family must also meet HUD requirements related to current or past criminal activity. BPHA will determine an applicant family's eligibility for the RAD P13V program in accordance with the policies in Chapter 3. 18-V.D. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c); Notice PIH 2019-23] The standard PBV regulations at 24 CFR 983.251 set out program requirement' related to establishing and maintaining a voucher -wide, PBV program -wide, or site-based waiting list from which residents will be admitted. These provisions apply unless the project is covered by a remedial order or agreement that specifies the type of waiting list and other waiting list policies. Any non -RAD P13 units located in the same project are also subject to these requirements, I ... ........... Baldwin Park Housing Authority Administrative Plan — June 2U21 BPHA will give priority to participants moving under a VAWA emergency transfer from one PBV development to another in accordance with Section 18-VLE� BPHA will not offer any preferences for the RAD P13V program, However, BPHA will give priority to participants moving under a VAWA emergency transfer from one Pl3V development to another in accordance with Section 18-VI.E. 18-V.F. OFFER OF Pl3V ASSISTANCE Refusal of Offer [24 CFR 983.251 (e)(3)] The PHA is prohibited from taking any of the following actions against a family who has applied for, received, or refused an offer of PBV assistance: * Refusing to list the applicant on the waiting list for tenant -based voucher assistance * Denying any admission preference for which the applicant qualifies Baldwin Park Housing Authority Administrative Plan — June 2021 Page 473 of 539 • Changing the applicant's place on the waiting list based on preference, date, and time of application, or other factors affecting selection under the PHA's selection policy • Removing the applicant from the tenant -based voucher waiting list Disapproval by Landlord [24 CFR 983.251(e)(2)] If a PBV owner rejects a family for admission to the owner's units, such rejection may not affect the family's position on the tenant -based voucher waiting list. Acceptance of Offer [24 CFR 983.252] Family Briefing When a family accepts an offer for P13V assistance, the PHA must give the family an oral briefing. The briefing must include information on how the program works and the responsibilities of the family and owner, In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA determines the total tenant payment for a family, the family obligations under the program, and applicable fair housing information. Persons with Disabilities If an applicant family's head or spouse is disabled, the PHA must assure effective communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must have a mechanism for referring a family that includes a member with a mobility impairment to an appropriate accessible P13V unit. Persons with Limited English Proficiency The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2). The owner is responsible for developing written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low- income families and reasonably related to program eligibility and an applicant's ability to fulfill their obligations under the lease. An owner must promptly notify in writing any rejected applicant of the grounds for any rejection. Leasing [24 CFR 983.253(a)] During the term of the HAP contract, the owner must lease contract units to eligible families that are selected and referred by the PHA from the PHA's waiting list. The contract unit leased to the family must be the appropriate size unit for the size of the family, based on the PHA's subsidy standards. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 474 of 539 1121M I L 1" 1 1 BPHA will make every reasonable effort to refer families to the owner within 10 business days of receiving such notice from the owner. 01111 illil�",Iwmiw�I'Ll",�v"-L",X-"%-Av�*, " 1,111"', � � " I M"", ;1 1 , � ,x � I �'11 IMMM111, �=, The PHA is not responsible or liable to the owner or any other person for the family's behavior or suitability for tenancy. However, the PHA may opt to screen arp pi i m n �s f a?-Fem, i �y-&ehw�i arrt& based on such screening. 13PHA will not conduct screening to determine a PBV applicant family's suitability for tenancy. The PHA must provide the owner with an applicant family's current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the family's current landlord and any prior landlords, In addition, the PHA may offer the owner other information the �*MIA may have about a family, including information about the tenancy history of family membe or about drug trafficking and criminal activity by family members. The PHA mus provide applicant families a description of the PHA policy on providing information to owners, and the PHA must give the same types of information to all owners. I BPHA will inform owners of their responsibility to screen prospective tenants, and will provide owners with the required known name and address information, at the time of the turnover HQS inspection or before. BPHA will not provide any additional information to the owner, such as tenancy history, criminal history, etc, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 475 of 539 Owner Responsibility The owner is responsible for screening and selection of the family to occupy the owner's unit. When screening families the owner may consider a family's background with respect to the following factors: * Payment of rent and utility bills * Caring for a unit and premises * Respecting the rights of other residents to the peaceful enjoyment of their housing * Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others * Compliance with other essential conditions of tenancy M_M�l �1� 18-VI.A. OVERVIEW After an applicant has been selected from the waiting list, determined eligible by the PHA, referred to an owner, and determined suitable by the owner, the family will sign the lease and occupancy of the unit will begin. 18-VI.B. LEASE [24 CFR 983.256] The tenant must have legal capacity to enter into 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. The tenant and the owner must enter into a written lease agreement that is signed by both parties. The tenancy addendum must include, word-for-word, all provisions required by HUD. Lease Requirements [24 CFR 983.256(c); Notice PIH 2019-23] The lease for a PBV unit must specify all of the following information: * The names of the owner and the tenant, * The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit); * The term of the lease (initial term and any provision for renewal); * The amount of the tenant rent to owner, which is subject to change during the term of the lease in accordance with HUD requirements; * A specification of the services, maintenance, equipment, and utilities that will be provided by the owner, and * The amount of any charges for food, furniture, or supportive services, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 476 of 539 The PHA must include resident procedural rights for termination notification a] grievance procedures in the owner's lease. These requirements are not pa rt 0 the regular PBV program but are required under RAD.. Tenancy Addendum [24 CFR 983.256(d)] The tenancy addendum in the lease must state� • The program tenancy requirements • The composition of the household as approved by the PHA (the names of family members and any PHA -approved live-in aide) All provisions in the HUD -required tenancy addendum must be included in the lease. The terms of the tenancy addendum prevail over other provisions of the lease. Initial Term and Lease Renewal [24 CFR 983.256(f); PBV Quick Reference Guide 10/14] Leases for residents who will remain in place (i.e., who will not be relocated solely as a result of conversion) must have an effective date that coincides with— and must be signed on or before—the effective date of the RAD PBV HAP contract. The initial lease term must be for at least one year. The lease must provide for automatic renewal after the initial term of the lease in either successive definitive terms (e.g., month-to-month or year-to-year) or an automatic indefinite extension of the lease term, For automatic indefinite extension of the lease term, the lease terminates if any of the following occur • The owner terminates the lease for good cause • The tenant terminates the lease • The owner and tenant agree to terminate the lease • The PHA terminates the HAP contract • The PHA terminates assistance for the family Changes in the Lease [24 CFR 983.256(e)] If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner must immediately give the PHA a copy of all changes. The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation of tenant and owner responsibilities for utilities. Such changes may only be made if approved by the PHA and in accordance with the terms of the lease relating to its amendment. The PHA must redetermine reasonable rent, in accordance with program requirements, based on any change in the allocation of the responsibility for utilities between the owner and the tenant. The redetermined reasonable rent will be used in calculation of the rent to owner from the effective date of the change. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 477 of 539 VT,'ith two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an owner may in the tenant -based voucher program (see Section 12-11 I.B. and 24 CFR 982.310). In the PBV program, terminating tenancy for "good cause" does not include doing so for a business or economic reason, or a desire to use the unit for personal or family use or other non-residential purpose. Projects converting from public housing to PBV under RAID have additional procedural rights that do not apply to the standard P13V program. These procedural rights must be included in the owner's lease as well as the PHA's administrative plan. In addition to the regulations at 24 CFR 983.257 related to project owner termination of tenancy and eviction (which MTW agencies may not alter) the termination procedure for RAID conversions to PBV will require that PHAs provide adequate written notice of termination of the lease, which may not be less than: A reasonable period of time, but not to exceed 30 days: - If the health or safety of other tenants, PHA employees, or persons residing in the immediate vicinity of the premises is threatened; or - In the event of any drug-related or violent criminal activity or any felony conviction 0 Not less than 14 days in the case of nonpayment of rent Not less than 30 days in any other case, except that if a state or local law provides for a shorter period of time, such shorter period will apply These provisions apply to non -RAID Pl3V units located in the project as well. Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)] The lease may specify a maximum period of family absence from the unit that may be shorter than the maximum period permitted by PHA policy. According to program requirements, the family's assistance must be terminated if they are absent from the unit for more than 180 consecutive days. PHA termination of assistance actions due to family absence from the unit are subject to 24 CFR 982.312, except that the unit is not terminated from the HAP contract if the family is absent for longer than the maximum period permitted. Continuation of Housing Assistance Payments [24 CFR 983.258; Notice PIH 2019-23] Current residents living in the property prior to conversion are placed on and remain under the HAP contract when TTP equals or exceeds gross rent. In this case, until such time as the family's TTP falls below the gross rent, the family will pay the owner the lesser of their TTP minus the utility allowance or any applicable maximum rent under the LIHTC program. The family will continue to pay this amount until/if circumstances change and HAP is paid on their behalf. In other words, assistance may subsequently be reinstated if the tenant becomes eligible for assistance. In such cases, the resident is still considered a program participant. All of the family obligations and protections under RAID and standard PBV apply to the resident. Likewise, all requirements with respect to the unit, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 478 of 539 such as compliance with the HQS requirements, apply as long as the unit is under HAP contract. Any non -RAD PBV units located in the same project are also subject to these requirements, Unless a waiver is requested and approved, following conversion, 24 CFR 983.53(d) applies, and any new admission referred to the RAD Pl3V project must be initially eligible for a HAP payment at admission to the program. The PHA may request a waiver from HUD in order to admit otherwise eligible families whose TTP exceeds gross rent and to allow the units those families occupy to remain under the HAP contract even if the PHA has not paid HAP for the family in 180 days. Further, for any new families admitted after the conversion, assistance will be terminated 180 days after the last housing assistance payment on their behalf. The cessation of housing assistance payments does not affect the family's other rights under its lease, nor does it preclude the resumption of payments as a result of later changes in income, rents, or other relevant circumstances if such changes occur within the 180 -day window. If a family's assistance is terminated as a result of their zero HAP status, the PHA must remove the unit from the HAP contract. If the project is fully assisted, the PHA must reinstate the unit after the family has vacated the property. If the project is partially assisted, the PHA may substitute a different unit for the unit on the HAP contract in accordance with 24 CFR 983.207. I'mil-dam;MM BPHA will not request a waiver from -MUD to allow families whose TTil* .nitially exceeds gross rent to occupy units. If a participating family who was admitted after the RAD conversion receive zero assistance and subsequently experiences a change in circumstances that would result in a HAP payment to the owner, the family must notify BPHA of the change and request an interim reexamination before the expiration of the 180 -day period. Owners are permitted to recognize security deposit amounts that have been previously provided by tenants who are in-place at the time of the RAD conversion. Otherwise the security deposit requirements for standard PBV apply. The owner may collect a security deposit from the tenant. The PRA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. I'mallynam BPHA will allow the owner to collect a security deposit amount the owner determines is appropriate. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 479 of 539 The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant. If the security deposit does not cover the amount owed by the tenant under th lease, the owner may seek to collect the balance from the tenant. The PHA h no liability or responsibility for payment of any amount owed by the family to t owner. I 18-VI.C. PUBLIC HOUSING FSS AND ROSS PARTICIPANTS [Notice PIH 2019-23] Current PH FSS participants will continue to participate in the PHA's FSS program, and PHAs will be allowed to use any PH FSS funds granted previously or pursuant to the current fiscal year (FY) PH FSS notice of funding availability (NOFA) to serve those FSS participants who live in units converted to RAD and who will as a result be moving to the HCV FSS program. A PHA must convert the PH FSS program participants at the covered project to their HCV FSS program. Residents who were converted from the PH FSS program to the HCV FSS program through RAD may not be terminated from the HCV FSS program or have HCV assistance withheld due to the participant's failure to comply with the contract of participation. Consequently, 24 CFR 984.303(b)(5)(iii) does not apply to FSS participants in converted properties, At the completion of the FSS grant, PHAs should follow the normal closeout procedures outlined in the grant agreement. If the PHA continues to run an FSS program that serves PH and/or HCV participants, the PHA will continue to be eligible (subject to NOFA requirements) to apply for FSS funding. Current Resident Opportunities and Self-Sufficiency—Service Coordinators (ROSS—SC) program grantees will be able to finish out their current ROSS—SC grants once their housing is converted under RAD. However, once the property is converted, it will no longer be eligible to be counted towards the unit count for future public housing ROSS—SC grants. At the completion of the ROSS -SC grant, PHAs should follow the normal closeout procedures outlined in the grant agreement. Please note that ROSS -SC grantees may be a nonprofit or local resident association and this consequence of a RAD conversion may impact those entities. Any non -RAD Pl3V units located in the same project are also subject to these requirements. IF I ''1 111 2MIM Residents of covered projects converting assistance to PBVs will have the right to establish and operate a resident organization for the purpose of addressing issues related to their living environment and be eligible for resident participation funding. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 480 of 539 BPHA will notify the family and the owner of the family's need to move based on the occupancy of a wrong -size or accessible unit within 10 business days of the PHA's determination. BPHA will offer the family the following types of continued assistance in the following order, based on the availability of assistance-, PBV assistance in the same building or project PBV assistance in another project Tenant -based voucher assistance INN by the PHA, or the date upon which the family vacates the unit. If the family does not move out of the wrong -size unit or accessible unit by the expiration of the term of the family's voucher, the PHA must remove the unit from the HAP If the �*HA offers the family another form of assistance that is not a tenant -based voucher, and the family does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by the PHA, or both, the PHA must terminate the housing assistance payments for the unit at the expiration of a reasonable period as determined by the PHA and remove the unit from the HAP Baldwin Park Housing Authority Administrative Plan — June 2U21 Page 48lof 539 offer to accept the offer and move out of the P13V unit, If the family does not move out within this 30 -day time frame, the PHA will terminate the housing assistance payments at the expiration of this 30 -day period. The PHA may make exceptions to this 30 -day period if needed for reasons beyond the family's control such as death, serious illness, or other medical emergency of a family member. g� Z I � I III 1 1111 1! 1 In"INUMMOIS � 1 11 1 1 15 , , _W The family may terminate the lease at any time after the first year of occupancy. The family must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the PHA. NiMEMMM= If the family wishes to move with continued tenant -based assistance, the family must contact the PHA to request the rental assistance prior to providing notice to terminate the lease. If the family terminates the lease in accordance with lease requirements, the PHA is required to offer the family the opportunity for continued tenant -based assistance, in the form of a voucher or other comparable tenant - based rental assistance. If a voucher or other comparable tenant -based assistance is not immediately available, the PHA must give the family priority to receive the next available opportunity for continued tenant -based assistance. If the family terminates the assisted lease before the end of the first year, the family relinquishes the opportunity for continued tenant -based assistance. QPHA PoliM. Prior to providing notice to the owner to terminate the lease, the family may submit a written request to BPHA for a choice mobility voucher at any time after completing the 12 -month occupancy requirement. The family will remain eligible to request a choice mobility voucher as long as they continue living at the same covered project. If a family moves from one covered project to another covered project prior to completing their 12 -month occupancy requirement, their 12 -month clock will reset, The family must wait 12 months from the date of move at the new property before they may request another choice mobility voucher. If a family transfers to a different unit within the same covered project, the 12 -month clock does not reset. BP11A will maintain a combined, agency -wide waiting list for all standard P13V and RAID PBV families wishing to exercise mobility after one year of tenancy. This list will be maintained separately from the tenant -based HCV list. Families on the choice mobility waiting list will be given priority over families on the tenant -based waiting list. The choice mobility waiting list will be organized by date and time of the family's written request to exercise choice mobility. The list will also identify whether families live in standard or RAD P13V units. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 482 of 539 Turnover Cap If as a result of RAD, the total number of PBV units (including RAD PBV units) administered by the PHA exceeds 20 percent of the PHA's authorized units under its HCV ACC with HUD, the PHA may establish a turnover cap. The PHA is not required to provide more than three-quarters of its turnover vouchers in any single year to the residents of covered projects. If the PHA chooses to establish a turnover cap and the cap is implemented, the PHA must create and maintain a waiting list in the order requests from eligible households were received. As a result of RAID, the total number of PBV units (including RAD PBV units) administered by BPHA exceeds 20 percent of the BPHA's authorized units under its HCV ACC with HUD. Therefore, BPHA will establish a choice mobility cap. BPHA will not provide more than three- quarters of its turnover vouchers in a single year to residents of covered Families who requested a choice mobility voucher and are denied due to the cap will be given priority the following year when choice mobility vouchers are again issued since the choice mobility list will be organized by the date and time of the family's request. Except where special consideration is needed for the project -based voucher program, the PHA will follow VAWA policies as outlined in Chapter 16 Part IX this administrative plan, including using the Emergency Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4). 1 HUD requires that the PHA include policies that address when a victim has beer living in a unit for less than a year or when a victim seeks to move sooner than a tenant -based voucher is available. VT,hen the victim of domestic violence, dating violence, sexual assault, or— stalking has lived in the unit for less than one year, BPHA will provide several options for continued assistance. BPHA will first try to transfer the participant to another Pl3V unit in the same development or transfer to a different development where the BPHA has PBV units. BPHA will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible. If assistance is transferred to another development, the BPHA will give priority to the participant on the other development's waiting list. If no units are available for an internal transfer to a P13V development or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to either tenant -based rental assistance (HCV) or assistance in the BPHA's public housing program. Such a tenant - Baldwin Park Housing Authority Administrative Plan — June 2U21 based vouchers and/or vacancies in public housing units. Such families must be selected from the waiting list for the applicable program. The 13PHA may adopt a waiting list preference for victims of domestic violence, dating violence, sexual assault, and stalking in both its HCV and public housing programs in order to expedite this process, See Section 4-III.C. of this administrative plan. If a victim wishes to move after a year of occupancy in the unit, but no tenant -based vouchers are available, BPHA will offer the participant an internal transfer to another P13V unit in the same development or a transfer to a different development where the BPHA has PBV units. The 13PHA will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible. If no units are available for an internal transfer, or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to the BPHA's public housing program. The BPHA may adopt a waiting list preference for victims of domestic violence, dating violence, sexual assault, and stalking as part of the public housing ACOP in order to expedite this process. I Elp 11 ii, Jill 1 1:11111 1111 1 gill liplillillilill I �M, 'I A family living in a unit converted from public housing to RAID PBV may retain it certification date. Unless a family's annual reexamination is due at the same ti as the effective date of the RAID PBV HAP contract, the PHA does not need to recertify tenants at the point of conversion, For each family residing in a unit undergoing conversion of assistance under RAID, the administering PHA will have to submit a form HUD -50058 reflecting the family's admission to the voucher program. The effective date of the new admission will be the same as the effective date of the RAID P13V HAP contract, The form should include the g same information previously found on the public housing form 50058, includin the next annu FF Tenants who are employed and are currently receiving the EID exclusion at the time of conversion will continue to receive the EID after conversion, in accordance with regulations at 24 CFR 5.617. Upon the expiration of the EID for such families, the rent adjustment will not be subject to rent phase-in; instead, the rent will automatically rise to the appropriate rent level based upon tenant income at that time. Any non -RAD Pll units located in the same project are also subject to these requirements. Under the HCV program, the EID exclusion is limited to only persons with disabilities [24 CFR 5.617(b)]. In order to allow all tenants (including non -disabled persons) who are employed and currently receiving the EID at the time of conversion to continue to benefit from this exclusion in the Ii project, the provision in section 5.617(b) limiting EID to only persons with disabilities is waived. The waiver and resulting alternative requirement only applies to tenants Baldwin Park Housing Authority Administrative Plan — June 2021 Page 484 of 539 receiving the EID at the time of conversion. No other tenant, such as tenants who at one time received the EID but are not receiving the EID exclusion at the time of conversion (e.g., due to loss of employment), tenants that move into the property following conversion, etc., is covered by this waiver. 1 11RINITYLli 11 11 1121 1 11151, 1 11 HUD is incorporating additional termination notification requirements for public housing projects that convert assistance under RAD to PBV and to non -RAD PBV units located in the same project beyond those for the standard PBV program. In addition to the regulations at 24 CFR 983.257 related to owner termination of tenancy and eviction (which MTW agencies may not alter), the termination procedure for RAD conversions to P13V requires that PHAs provide adequate written notice of termination of the lease, which is: In the event of any drug-related or violent criminal activity or any felony conviction. 0 Not less than 14 days in the case of nonpayment of rent Not less than 30 days in any other case, except that if a state or local law provides for a shorter period of time, such shorter period will apply In addition to reasons for an informal hearing listed at 24 CFR 982.555(a)(1)(i)— (v) (See 16-III.C. Informal Hearings for Participants), an opportunity for an informal hearing must be given to residents for any dispute that a resident may have with respect to an owner action in accordance with the individual's lease or the contract administrator in accordance with RAD PBV requirements that adversely affect the resident's rights, obligations, welfare, or status. For any hearing required under 24 CFR 982.555(a)(11)(i)—(v), the contract administrator will perform the hearing in accordance with Chapter 16 Part III: Informal Reviews and Hearings, as is the current standard in the program. For any additional hearings required under RAD, the PHA (as owner) will perform the hearing. An informal hearing will not be required for class grievances or for disputes between residents not involving the PHA (as owner) or contract administrator, This hearing requirement does not apply to and is not intended as a forum for initiating or negotiating policy changes between a group or groups of residents and the PHA (as owner) or contract administrator. The owner must give residents notice of their ability to request an informal hearing as outlined in 24 CFR 982.555(c)(1) for informal hearings that will Baldwin Park Housing Authority Administrative Plan — June 2021 Page 485 of 539 address circumstances that fall outside of the scope of 24 CFR 982.555(a)(1)(i)— (v). (See Chapter 16) The owner must provide an opportunity for an informal hearing before an eviction. An amount determined by the PHA, not to exceed 110 percent of the fair market rent (FMR) or the PHA's exception payment standard approved by HUD, or the alternate rent cap in a PHA's MTW agreement minus any utility allowance • The reasonable rent • The rent requested by the owner "Isis Baldwin Park Housing Authority Administrative Plan — June 2021 Page 486 of 539 Contract rents may not exceed the reasonable rent, with the exception that the contract rent for each unit may not be reduced below the initial contract rent under the initial HAP contract. However, the rent to owner may fall below the initial contract rent in the following situations: 0 To correct errors in calculations in accordance with HUD requirements If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to 983.55 (prohibition of excess public assistance) If a decrease in rent to owner is required based on changes in the allocation of responsibility for utilities between the owner and the tenant The contract rent adjustment will be the lesser of: • The current contract rent increased by the operating cost adjustment factor (OCAF), which is published annually in the Federal Register, or • The reasonable rent The administering PHA (or independent entity, if the project is PHA -owned) is responsible for processing rent adjustments, at each contract anniversary date, in accordance with the prevailing OCAF. At least 120 days before the contract anniversary date, HUD recommends that the owner submit the OCAF rent adjustment worksheet (Form HUD -9625) to the PHA administering the PBV assistance (or the independent entity). The PHA will validate the data on the form and determine whether the rent exceeds the reasonable rent charged for comparable unassisted units in the private market, in accordance with 24 CFR 983,303, If rents would be unreasonable following application of the requested OCAF, then the rent can only be increased up to the reasonable rent, The approved rent adjustment will go into effect and the new rents to owner will take effect on the date of the contract anniversary. Rent Decrease Rents must not be reduced below the initial rent except to correct errors, for additional subsidy to the property, or to realign utility responsibilities. 18-VII.C. UTILITY ALLOWANCES [Notice PIH 2019-23; PBV Quick Reference Guide 10/14] When contract rent amounts are set initially, the amount does not include a utility allowance. In general, the utility allowances that are used on the initial HAP contract at closing are the public housing utility allowances that are in effect prior to conversion. The CHAP must be updated prior to conversion to reflect current public housing utility allowances. At its discretion, a PHA may use the FMRs and utility allowances in effect during the 30 -day period immediately before the beginning date of the HAP contract. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 487 of 539 After conversion, the PHA may maintain a utility allowance schedule for tenant - paid utilities in accordance with standard PBV and HCV utility allowance regulations at 24 CFR 983.301 (f)(2)(ii) and 24 CFR 982.517 respectively, The PHA may instead, however, apply site specific utility allowances. HUD waived the requirement for the standard PBV program that the HCV utility allowance be used. If a site-specific utility allowance is used, the utility allowance is applicable to non -RAD PBV units in the project and is calculated consistent with Notice H 2015-04. Eon= BPHA will use the HCV utility allowance schedule for the RAD PBV developments. my"awy � gumi A","" mn�' &J� At the time the initial rent is established and all times during the term of the HAP contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA, except rents must not be reduced below the initial rent except to correct errors, for additional subsidy to the property, or to realign utility responsibilities. How to Determine Reasonable Rent The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the amenities, housing services maintenance, and utilities to be provided by the owner. Comparability Analysis For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving project -based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the property. PHA -Owned Units For PHA -owned units, the amount of the reasonable rent must be determined by an independent entity approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reasonable rent for PHA -owned units to the PHA and to the HUD field office where the project is located. PART Vill: PAYMENTS TO OWNER Baldwin Park Housing Authority Administrative Plan — June 2021 Page 488 of 539 i, AWMIII Il I i'VINT1,11WIMUMT. �M ff amm"Wil If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner's fault. Mam If 13PHA determines that the owner is responsible for a vacancy and as a result is not entitled to the keep the housing assistance payment, 13PHA will notify the landlord of the amount of housing assistance payment that the owner must repay. BPHA will require the owner to repay the amount owed in accordance with the policies in Section 16-N.B. At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner, The PHA may only make vacancy payments if: • The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner's knowledge); • The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed-, • The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and • The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 489 of 539 The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment. BPHA Policv If an owner's HAP contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified the BPHA of the vacancy in accordance with the policy in Section 18-V.G. regarding filling vacancies. In order for a vacancy payment request to be considered, it must be made within 10 business days of the end of the period for which the owner is requesting the vacancy payment, The request must include the required owner certifications and the BPHA may require the owner to provide documentation to support the request. If the owner does not provide the information requested by the BPHA within 10 business days of the 13PHA's request, no vacancy payments will be made. The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner. The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant. Initial Certifications [Notice PIN 2019-23] For the initial certification, the PHA will use the family's public housing tenant rent (reflected on line 1 Of of the family's most recent 50058) at the date of conversion to calculate HAP and tenant rent for the PBV program. The PHA will use this amount until the effective date of the earlier of the family's first regular or interim recertification following the conversion. At that point, the PHA will use the family's TTP based on the recertification and the applicable utility allowance (HCV or RAD PBV site-based, as applicable) to determine PBV HAP and tenant rent. Any non -RAD Pl3V units located in the same project are subject to the same requirements. Tenant and PHA Responsibilities The family is not responsible for the portion of rent to owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA. Likewise, the PHA is responsible only for making the housing assistance payment to the owner in accordance with the HAP contract. The PHA is not Baldwin Park Housing Authority Administrative Plan — June 2021 Page 490 of 539 responsible for paying tenant rent, or any other claim by the owner, including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner. Utility Reimbursements If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of such excess to the tenant as a reimbursement for tenant -paid utilities, and the tenant rent to the owner must be zero. The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier. BPHA will make utility reimbursements directly to the family. For in-place tenants, if the amount the tenant would pay for rent and utilities (TTIP) would increase by more than the greater of 10 percent or $25 purely as a result of conversion, the rent increase will be phased in over three years. To implement this provision, HUD is waiving section 3(a)(1) of the 1937 Act, as well as 24 CFR 983.3 (definition of total tenant payment (TTP)) only to the extent necessary to allow for the phase-in of tenant rent increases. For families who were on EID at the time of conversion to RAD PBV, upon the expiration of the EID, the rent adjustment is not subject to rent phase-in, [,,MUM BPHA will use the family's public housing tenant rent (reflected on line 1 Of of the family's most recent 50058) at the date of conversion to calculate the family's tenant rent in PBV. The BPHA will implement a three-year phase-in for in-place families whose TTP increases by more than the greater of 10 percent or $25 purely as a result of the conversion as follows: Year l. -Any recertification (interim or annual) performed prior to the second annual recertification after conversion: 33 percent of the difference between the most recently paid TTP and the calculated P13V TTP. (if the family was paying flat rent immediately prior to conversion, the PHA will use the flat rent amount to calculate the phase-in for Year 1.) Year 2- Year 2 annual recertification (AR) and any interim recertification (IR): 50 percent of the difference between the most recently paid TTP and the calculated PBV TTP Year 3: Year 3 AR and all subsequent recertifications: Full calculated TTP Baldwin Park Housing Authority Administrative Plan — June 2021 Page 491 of 539 Once the standard TTP is equal to or less than the previous TTP, the phase- in ends and tenants will pay full TTP from that point forward. The BPHA will communicate the PHA's phase-in policy in writing to the family at the time the BPHA first determines that the family qualifies for a rent phase-in. Any non -RAD PBV units located in the same project are also subject to rent phase-in requirements. 18MILE. OTHER FEES AND CHARGES [24 CFR 983.354] Mealls and SUPportive Services With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non- payment of such charges is not grounds for termination of tenancy. In assisted living developments receiving PBV assistance, the owner may charge for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development. Other Charges by Owner The owner may not charge extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 492 of 539 EXHIBIT 18-1: PRV DEVELOPMENT INFORMATION (Fill out one for each development) Date: [Enter the date on which this form was completed] DEVELOPMENT INFORMATION Development Name: [Insert name of P13V development] Address: [Insert full address of Pl3V development] Owner Information: [Insert P13V development owner name and contact information. If development is PHA -owned, enter "PHA -owned."] Property Management Company: [Insert property management company name and contact information, or enter "None"] PHA -Owned: [Enter "Yes" or "No." If yes, enter name of independent entity.] Mixed -Finance Development: [Enter "Yes" or "No." If yes, list other types of funding and units to which other funding applies.] HAPCONTRACT Closing Date: [Enter closing date of RAD conversion] List Which RAD Notice Applies to the Project: [Enter "PIH 2012-32, REV -2," "PIH 2012-32, REV -3," or "PIH 2019-23"] Effective Date of Contract: [Enter start date of HAP contract] HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter "Pre-HOTMA." If HAP contract was signed on or after April 18, 2017, enter "Post- HOTMA."] Term of HAP Contract: [Enter term from HAP contract] Expiration Date of Contract: [Enter expiration date from HAP contract] ��,g Unit Designation: [Enter "Fixed" or "Floating"] Accessible Units and Features: [Identify which units are accessible and describe accessibility features or enter "None"] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 493 of 539 Target Population: [Describe targeted population in accordance with HAP contract or enter "None"] Excepted Units (Notice PlH 2012-32, REV -2 Developments Only): [Identify excepted unit types below or enter "None"] Supportive Services: [Enter "Yes, see Exhibit D of HAP contract" or enter "No"] Elderly Units: [Enter "Yes" or "No," If yes, identify which units are elderly units.] Disabled Units [Enter "Yes" or "No." If yes, identify which units are for persons with disabilities.] Waiting List Type: [Enter "Site-based waiting list," "Combined with HCV," "Waiting list for entire P13V program," or "Merged with another assisted housing program"] Preferences: [Enter "Same as HCV; see Chapter 4" or describe preferences offered. If different from HCV, note in Section 18. I.C. of this policy.] Preference Verification: [Enter "Same as HCV; see Chapter 7" or describe for each preference listed above. If different from HCV, note in Section 18. I.C. of this policy.] For the PBV program, is the income limit the same as the HCV program? (Note: In mixed -finance developments, other income limits may also apply.) [Enter "Same as HCV; see Chapter 3" or clearly describe] OCCUPANCY Subsidy Standards: [Enter "Same as HCV; see Chapter 5" or describe. If different from HCV, note in Section 18. 1 C. of this policy.] Utilities: [Enter in accordance with HAP contract Exhibit C] Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 18- W.F. within this chapter] Baldwin Park Housing Authority Administrative Plan — June 2021 Page 494 of 539 I �1�ffl Temporary Policy Supplement AMIN "20 ll�kmlt 101,111 Alum On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD's process for allocating approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in the program. PHAs may not project -base EHVs; EHVs are exclusively tenant -based assistance. �. appilca ie nonuiscriminaLTon a17777qual opp R=1 77771rerflenI777ply LU LrT EHV program, including requirements that the PHA grant reasonable accommodations to persons with disabilities, effectively communicate with persons with disabilities, and ensure meaningful access for persons with limited English proficiency (LEP). This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined in this chapter are organized into seven sections, as follows: Part 1: Funding Part It: Partnering Agencies Part III: Waiting List Management Part IV: Family Eligibility Part V: Housing Search and Leasing Part VI: Use of Funds, Reporting, and Financial Records Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to EHVs. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 495 of 539 ��" �101 M The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH 2021-15. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other PHA programs or vouchers, The PHA must maintain separate financial records from its regular HCV funding for all EHV funding. ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee. Tf F '1""rT7M777717F7-Tff-7 funding to the PHA for the EHVs on a calendar year (CY) basis commencing wi wi- CY 2023. The renewal funding allocation will be based on the PHA's actuall EJH� HAP costs in leasing, similar to the renewal process for the regular HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are renewed separately from the regular HCV program. All renewal funding for the duration of the EHV program has been appropriated as part of the ARP funding. EMME "M The following four types of fees and funding are allocated as part of the EHV program: Q Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies: - $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended. - This fee may be used for any eligible administrative expenses related to EHVs. - The fee may also be used to pay for any eligible activities under EHV service fees (TIPS1,13). MMEOhMMME.1 MHUMI Baldwin Park Housing Authority Administrative Plan — June 2021 Page 496 of 539 (PIC—NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. - Placement fees - 0 $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or 0 $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. 0 HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates. 11111 MaEtammu 11 tffll!�=�I��i�i I, � , ILOILMM"JON&I I i 9 Ongoing administrative fees, which are calculated in the same way as the standard HCV program: - PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. - Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding. III iiii �� Will INAM 3301 - The fee is allocated once the PHA's CACC is amended to reflect EHV funding. V A I Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program, Service fees fall into four categories: • Housing search assistance • Security deposit/utility deposit/rental application/holding fee uses • Owner -related uses • Other eligible uses such as moving expenses or tenant -readiness services Baldwin Park Housing Authority Administrative Plan — June 2021 Page 497 of 539 The PHA must establish the eligible uses and the parameters and requirements for service fees in the PHA's administrative plan. The eligible uses for service fees include: Housing search assistance, which may include activities such as, on not limited to, helping a family identify and visit potentially available uni during their housing search, helping to find a unit that meets the household's disability -related needs, providing transportation and directions, assisting with the completion of rental applications and PH forms, and helping to expedite the EHV leasing process for the family] Application fees/non-refundable administrative or processing fees/refundable application deposit assistance. The PHA may choose to assist the family with some or all these expenses. Holding fees are fees an owner requests that are rolled into the security deposit after an application is accepted but before a lease is signed, The PHA may cover part or all of the holding fee for units where the fee is required by the owner after a tenant's application has been accepted but before the lease signing. The PHA and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months' rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. The PHA may pay the security deposit assistance directly to the owner or may pay the assistance to the family. If paid to the family, the PHA will require documentation that the family paid the security deposit. Baldwin Park Housing Authority Administrative Plan — June 2U21 companies that will make it difficult if not impossible to establish services for tenant -supplied utilities. The PHA may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to the PHA will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD. *wner recruitment and outreach for EHVs. The PHA may use the service fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting preinspections or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments. Owner incentive and/or retention payments. The PHA may make incentive or retention payments to owners that agree to initially lease th unit to an EHV family and/or renew the lease of an EHV family. I Payments will be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). Owner incentive and retentions payments are not housing assistance payments, are not part of the rent to owner, and are not taken into consideration when determining whether the rent for the unit is reasonable. Moving expenses (including move -in fees and deposits). The PHA may provide assistance for some or all of the family's reasonable moving expenses when they initially lease a unit with the EHV, The PHA will not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., the PHA is terminating the HAP contract because the owner did not fulfill the owner responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or Tenant -readiness services. The PHA may use fees to help create a customized plan to address or mitigate barriers that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other with rental arrears, Essential household items. The PHA may use services fee funding to assist the family with some or all of the costs of acquiring essential household items such as tableware, cooking equipment, beds or bedding, and essential sanitary products such as soap and toiletries. Baldwin Park Housing Authority Administrative Plan — June 2U21 Renter's insurance if required by the lease. The PHA may choose to assist the family with some or all this cost. Any services fee assistance that is returned to the ?!IRA after its initial or subsequent use may only be applied to the eligible services fee uses defined in Notice PlH 2021-15 (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the PHA's EHV progra ends must be remitted to HUD. I PHAs that accept an allocation of EHVs are required to enter into a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs. BPHA has entered into an MOU with [insert name of the Contin Care (CoC) agency]. See Exhibit TPS -1 for a copy of the MOU. IT, ky"MMAILAWN IUL)beb LU PaT-L11U1 WIL11 the PHA must either enter into an MOU with the partnering agency or the partnering agency may be added to the MOU between the PHA and CoC. I'm2=21M The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of qualifying individuals and families to the PHA, The PHA must generally refer a family that is seeking EHV assistance directly from the PHA to the CoC or other referring agency for initial intake, assessment, and possible referral for EHV assistance. Partner CoCs are responsible for determining Baldwin Park Housing Authority Administrative Plan — June 2021 Page 500 of 539 to the PHA of the referring agency's verification that the family meets one of t four eligible categories for EHV assistance. I LVION The CoC or partnering agency must establish and implement a system to identify EHV eligible individuals and families within the agency's caseload and make referrals to BPHA. The CoC or other partnering agency must certify that the EHV applicants they refer to BPHA meet at least one of the four EHV eligibility criteria. BPHA will maintain a copy of the referral or certification from the CoC or other partnering agency in the participant's file along with other eligibility paperwork. Homeless service providers may, but are not required to, use the certification form found in Exhibit TPS -2 of this chapter. Victim services providers may, but are not required to, use the certification form found in Exhibit TPS -3 of this chapter when identifying eligible families who qualify as victims of human trafficking. As part of the MOU, the PHA and CoC or other partnering agency will identify staff positions to serve as lead EHV liaisons. These positions will be responsible for transmission and acceptance of referrals. The CoC or partnering agency must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner. BPHA liaison responsible for acceptance of referrals will contact the CoC or partnering agency liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than five business days from the date the CoC or partnering agency receives this notification, the CoC or partnering agency liaison will provide BIPHA with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are EHV-eligible. MF�14 �_ IM The PHA must also take direct referrals from outside the CoC if: 9 The CoC does not have a sufficient number of eligible families to refer to the PHN or 9 The CoC does not identify families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 501 of 539 If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC or other partner referral agencies (or the PHA and CoC cannot identify any such alternative referral partner agencies), HUD may permit the PHA on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances. The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to PHAs operating the EHV program, Direct referrals are not added to the PHA's HCV waiting list. The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PlH 2021-15. Low= BPHA will post information about the EHV program for families on the ;WHA's HCV waiting list on their website. The notice will-, Describe the eligible populations to which EHVs are limited Clearly state that the availability of these EHVs is managed through a direct referral process The PHA will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication -related disabilitie in accordance with Chapter 2. The PHA will also take reasonable steps to ensu meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2. The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the EHV program, Instead, when the number of applicants referred by the CoC or partnering agency exceeds the EHVs available, the PHA must maintain a Baldwin Park Housing Authority Administrative Plan — June 2021 Page 502 of 539 separate waiting list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to September 30, 2023. Further, the ERV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the HCV waiting list, The PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list. Iffil", "if" �, M3,11, ! ME I I ii�� If local preferences are established by the PHA for HCV, they do not apply to EHVs. However, if the PHA has a homeless preference or a VAWA preference for the HCV waiting list, the PHA must adopt additional policies related to EHVs in accordance with Notice PlH 2021-15. BPHA EplLicy BPHA does not offer either a homeless or a VAWA preference for the HCV waiting list With the exception of a residency preference, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs. The PHA may, however, choose to not establish any loca- preferences for the EHV waiting list. BPHA Poli No local preferences have been established for the EHV waiting list The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PlH 2021-15 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below, In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria - Baldwin Park Housing Authority Administrative Plan — June 2021 Page 503 of 539 * Homeless as defined in 24 CFR 578.31 * At risk of homelessness as defined in 24 CFR 5783; e Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PlH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or e Recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability as determined by the CoC or its designee in accordance with the definition in Notice PIH 20211-15� As applicable, the CoC or referring agency must provide documentation to the PHA of the referring agency's verification that the family meets one of the four eligible categories for EHV assistance. The PHA must retain this documentation as part of the family's file. HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV applicants. The mandatory and permissive prohibitions listed in Notice PlH 2021-15 and in this chapter, however, apply only when screening the individual or family for eligibility for an EHV. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR 982.551 (h)(2) apply. Other than the birth, adoption, or court -awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so. Under alternative requirements for the EHV program, mandatory denials for EHV applicants include: 9 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. 9 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 504 of 539 The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited EHV grounds for denial of admission first. BPHA Poli While BPHA will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, 13PHA will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family. Permissive Denial Notice PIH 2021-15 lists permissive prohibitions for which the PHA may, but is not required to, deny admission to EHV families. The notice also lists prohibitio that, while allowable under the HCV program, may not be used to deny assistance for EHV families. I If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC's recommendations into consideration. In consultation with the CoC, BPHA will apply permissive prohibition to the screening of EHV applicants. Determinations using permissive prohibitions will be made based on an individualized assessment of relevant mitigating information in accordance with policies in Section 3-III.E. 13PHA will establish the following permissive prohibitions: im "All Violent criminal activity 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 If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program within the previous 12 months. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 505 of 539 The BPHA will also deny assistance to household members already receiving assistance from another program in accordance with Section 9.h. of Notice PlH 2021-15. Prohibitions based on criminal activity for the eligible EHV populations regarding drug possession will be considered apart from criminal activity against persons (i.e., violent criminal activity). In compliance with PIH 2021-15, the PHA will not deny an EHV applicant admission regardless of whether: Any member of the family has been evicted from federally assisted housing in the last five years, - A PHA has ever terminated assistance under the program for any member of the family, The family 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; The family has not reimbursed any �*'MA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease; The family breached an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA, The family would otherwise be prohibited admission under alcohol abuse standards established by the PHA in accordance with 24 CFR 982.553(a)(3); The PHA determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug- related criminal activity. The requirement to obtain third -party verification of income in accordance with Notice PIH 2018-18 does not apply to the EHV program applicants at admissio and alternatively, PHAs may consider self -certification the highest form of inco verification at admission. As such, PHA policies related to the verification of income in Section 7-I.B. do not apply to EHV families at admission. Instead, Baldwin Park Housing Authority Administrative Plan — June 2021 Page 506 of 539 Additionally, applicants may provide third -party documentation that represents the applicant's income within the 60 -day period prior to admission or voucher issuance but is not dated within 60 days of the PHA's request. iiii:liiiii iiiiiiiiiiiiiiiii 111 MiUMERAMM Any family self -certifications 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, BPHA will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with Chapter 14, BPHA will address any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later. BPHA 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, BPHA will terminate the family's assistance in accordance with the policies in Chapter 12. PHAs may accept income calculations and verifications from third -party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as: 9 The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and 9 The family certifies there has been no change in income or family composition in the interim. 1:12amrMM BPHA will accept income calculations and verifications from third -party providers provided they meet the criteria outlined above. The family certification must be made in a format acceptable to BPHA and must be Baldwin Park Housing Authority Administrative Plan — June 2021 Page 507 of 539 signed by all adult family members whose information or status is being verified. At the time of the family's annual reexamination the PHA must conduct the annual reexamination of income as outlined at 24 CFR 982.516 and PHA policies in Chapter 11. Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must: * Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family -reported income within 90 days of the PIC submission date-, 9 Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and 9 Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. Prior to admission, PHAs must continue to use HUD's EIV system to search for all household members using the Existing Tenant Search in accordance with PHA policies in Chapter 3. If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program in accordance with Chapter 12. TPS-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION For the EHV program, the PHA is not required to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the EHV program, Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination, As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 508 of 539 BPHA will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. BPHA may provide an additional 60 -day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. If BPHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12. PHAs may accept self -certification of date of birth and disability status if a higher level of verification is not immediately available. If self -certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV. BPHA will accept self -certification of date of birth and disability status if a higher form of verification is not immediately available. The certification must be made in a format acceptable to BPHA and must be signed by the family member whose information or status is being verified. If self - certification is accepted, within 90 days of admission, BPHA will verify the information in EIV or through other third -party verification if the information is not available in EIV. BPHA will note the family's file that self -certification was used as initial verification and include an EIV printout or other third - party verification confirming the applicant's date of birth and/or disability status. If BPR'A determines that an ineligible family received assistance, BPRA will take steps to terminate that family from the program in accordance with policies in Chapter 12. TPS-IV.G. INCOME TARGETING - MWE MMUSUMS&IMIUMUM Baldwin Park Housing Authority Administrative Plan — June 2021 Page 509 of 539 the admission of extremely low-income EHV families in its income targetirm, numbers for the fiscal year in which these families are admitted. 11"'Wra BPHA will not include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. PART V: HOUSING SEARCH AND LEASING ilv&IMT�i�ll"ki'llim Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply. All EHVs will have an initial term of 120 calendar days. The family must submit a Request for Tenancy Approval and proposed lease within the 120 -day period unless the PHA grants an extension. The PHA must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the PHA or through the CoC or another partnering agency or entity, At a minimum, housing search assistance must: 9 Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods; 9 Conduct owner outreach; 9 Assist with the completion of rental applications and PHA forms,- and 9 Help expedite the EHV leasing process for the family Baldwin Park Housing Authority Administrative Plan — June 2021 Page 510 of 539 As identified in the MOU between the PHA and CoC, the following housing search assistance will be provided to each EHV family: flfffflfl�� Conduct owner outreach in accordance with policies in Chapter 13 Provide directions to potential units as part of the EHV briefing packet N�_ 11 OW, 1-1 Help families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods Assist the family with the completion of rental applications and PHA forms IBM", 'I rMUNIM01,11 To expedite the leasing process, the PHA may pre -inspect available units that EHV families may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that passed a HQS pre - inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982305� Baldwin Park Housing Authority Administrative Plan — June 2021 Page 511 of 539 The family will be free to select his or her unit, When a pre -inspected unit is not selected, the PHA will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for any required reinspections, TIPS-V.D. INITIAL LEASE TERM Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy. TPS-V.E. PORTABILITY The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below. Nonresident Applicants Under EHV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B. A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA administers EHVs under its own ACC. Jill - If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with ll assistance and may not absorb the family with a regular HCV when the family leases the unit. 9 If the EHV family moves under portability to another PHA that does not administer Ell under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 512 of 539 Man Willi, The initial PHA is required to help facilitate the family's portability move to the receiving PHA and inform the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). wama= For limited English proficient (LEP) applicants, the PHA will provide interpretation services in accordance with the PHA's LEP plan (See Chapter 2). If the portability move is in connection with the EHV family's initial lease -up, the receiving PHA and the initial PHA must consult and coordinate on the EHV services and assistance that will be made available to the family. IN,A*isul For EHV families who are exercising portability, when the BPHA contacts the receiving PHA in accordance with Section 10-11.13. Preapproval Contact with Receiving PHA, BPHA will consult and coordinate with the receiving PHA to ensure there is no duplication of EHV services and assistance, and ensure the receiving PHA is aware of the maximum amount of services fee funding that the initial PHA may provide to the receiving PHA on behalf of the family. Services Fee Standard portability billing arrangements apply for HAP and ongoi administrative fees for EHV families. I Baldwin Park Housing Authority Administrative Plan — June 2021 Page 513 of 539 receiving PHA mutually agree to change the $1,750 cap. Service fees are paid as follows: 9 If the receiving PHA, in consultation and coordination with the initial R A, will provide eligible services or assistance to the incoming EHV family, the receiving PHA may be compensated for those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs. Q If the receiving PHA administers EHVs, the receiving PHA may use its own -- services fee and may be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the receiving PHA for those fees and assistance. 9 If the receiving PHA does not administer EHVs, the initial PHA must provide the services funding upfront to the receiving PHA, Any amounts provided to the receiving PHA that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA to the initial PHA. If the portability lease -up qualifies for the placement fee/issuance reporting fee, the receiving PHA receives the full amount of the placement component of the placement fee/issuing reporting fee. The receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease -up. The initial PHA qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable. WE I 11M.M.-YAMI, �1' T, For the EHV program, HUD has waived the regulation requiring a single payme standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate EH payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below. Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided other regulatory waivers: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 514 of 539 9 Defining the "basic range" for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent). Q Allowing a PHA that is not in a designated Small Area FIVIR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FIVIR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. - The PHA must notify HUD if it establishes an EHV exception payment standard based on the SAFMR. BPHA Epli�cy BPHA will not establish a higher payment standard amount for EHVs. 13PHA will use the same payment standards for HCV and EHV. 111111111,11111 IMMUNE, wginjoling � 110=12M The requirement that the PHA apply increased payment standards at the family's first regular recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family's first regular reexamination following the change. 110=0 BPHA will not establish an alternative policy for increases in the payment standard. BPHA policy in Section 11-111,13, governing increases in payment standards will apply to EHV. After September 30, 2023, a PHA may not reissue EHTs when assistance for an EHV-assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family unless it does so no later than September 30, 2023. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 515 of 539 If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after September 30, 2023, the EHV may not be reissued to another family. All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to another family when the participant leaves the program for any reason. An EHV that has never been issued to a family may be initially issued and leas after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended, However, HUD may direct PHAs administering EHVs to cease leasing any unleased EHV if such action is determined necessary by HUD to ensure there will be sufficient funding available to continue to cover the HAP needs of currently assisted EHV families. f] EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must not be used for HAP. The PHA must comply with EHV reporting requirements in the Voucher Management System (VMS) and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15. The PHA must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24 CFR 982.158. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 516 of 539 Exhibit TPS -1: MEMORANDUM OF UNDERSTANDING (MOU) Attachment 2 of Notice PIH 2021-15 - Sample MOU Template Baldwin Park Housing Authority Administrative Plan — June 2021 Page 517 of 539 Exhibit TPS -2: HOMELESS PROVIDER'S CERTIFICATION Attachment 3 of Notice PIH 2021-15 Example of a Homeless Provider's Certification EHV Applicant Name: Household without dependent children (complete one form for each adult in the household) mfflwmw,�� i The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground. Description of current living situation: Homeless Street Outreach Program This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 518 of 539 WM Fa�� The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows: Emergency Shelter Program Narne� This emergency shelter must appear on the CoC's Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter). Authorized Agency Representative Signature: Date: I The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.) This referring agency must appear on the CoC's Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory. Immediately prior to entering the household's current living situation, the person(s) named above was/were residing in: ralm MR WIS Authorized Agency Representative Signature: 111[m Baldwin Park Housing Authority Administrative Plan — June 2021 Page 519 of 539 Exhibit TPS -3- EXAMPLE OF A VICTIM SERVICES PROVIDER'S CERTIFICATION Attachment 4 of Notice PlH 2021-15: Example of a Victim Services Provider's Certification ��M AEF111=1 11 �1� The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other Federally -funded social service programs available to assist victims in rebuilding their lives. Use of This Optional Form: In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for EHV assistance. Confidentiality: All information provided to the service provider concerning the incident(s) of human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. This is to certify that the above named individual or household meets the definition for persons who are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000. Immediately prior to entering the household's current living situation, the person(s) named above was/were residing in: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 520 of 539 =awn O-NNN- ----------- Authorized Agency Representative Signature: MM Baldwin Park Housing Authority Administrative Plan — June 2021 Page 521 of 539 GLOSSARY A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV PROGRAM AAF Annual adjustment factor (published by HUD in the Federal Register and used to compute annual rent adjustments) ACC Annual Contributions Contract ADA Americans with Disabilities Act of 1990 AIDS Acquired immune deficiency syndrome BR Bedroom CDBG Community Development Block Grant (Program) CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as "the regulations") CPI Consumer Price Index (published monthly by the Department of Labor as an inflation indicator) EID Earned income disallowance EIV Enterprise Income Verification FDIC Federal Deposit Insurance Corporation FHA Federal Housing Administration (HUD Office of Housing) FHEO Fair Housing and Equal Opportunity (HUD Office of) FICA Federal Insurance Contributions Act (established Social Security taxes) FMR Fair market rent FR Federal Register FSS Family Self -Sufficiency (Program) FY Fiscal year FYE Fiscal year end GAO Government Accountability Office GR Gross rent HA Housing authority or housing agency HAP Housing assistance payment HCV Housing choice voucher HQS Housing quality standards HUD Department of Housing and Urban Development HUDCLIPS HUD Client Information and Policy System IPA Independent public accountant Baldwin Park Housing Authority Administrative Plan — June 2021 Page 522 of 539 IRA Individual retirement account IRS Internal Revenue Service JTPA Job Training Partnership Act LBP Lead-based paint LEP Limited English proficiency IVISA Metropolitan statistical area (established by the U.S. Census Bureau) IVITCS Multi -family Tenant Characteristics System (now the Form HUD - 50058 sub module of the PIC system) IVITW Moving to Work NOFA Notice of funding availability OGC HUD's Office of General Counsel OIG HUD's Office of Inspector General OMB Office of Management and Budget PASS Plan to Achieve Self -Support PHA Public housing agency PIC PIH Information Center PIH (HUD Office of) Public and Indian Housing PS Payment standard QC Quality control REAC (HUD) Real Estate Assessment Center RFP Request for proposals RFTA Request for tenancy approval RIGI Regional Inspector General for Investigation (handles fraud and program abuse matters for HUD at the regional office level) SEMAP Section 8 Management Assessment Program SRO Single room occupancy SSA Social Security Administration SSI Supplemental security income SWICA State wage information collection agency TANF Temporary Assistance for Needy Families TPV Tenant protection vouchers TR Tenant rent TTP Total tenant payment Baldwin Park Housing Authority Administrative Plan — June 2021 Page 523 of 539 UA Utility allowance LIFAS Uniform Federal Accessibility Standards UIV Upfront income verification LIRP Utility reimbursement payment VAWA Violence Against Women Reauthorization Act of 2013 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 524 of 539 B. GLOSSARY OF SUBSIDIZED HOUSING TERMS Absorption. In portability (under Subpart H of this Part 982): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC. Accessible. The facility or portion of the facility can be approached, entered, and used by persons with disabilities. Adjusted income. Annual income, less allowable HUD deductions and allowances. Administrative fee. Fee paid by HUD to the PHA for administration of the program. See §982.152. Administrative plan. The plan that describes PHA policies for administration of the tenant -based programs. The Administrative Plan and any revisions must be approved by the PHA's board and included as a supporting document to the PHA Plan. See §982.54. Admission. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in a tenant -based program. Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual. Amortization payment. In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home. Annual. Happening once a year. Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program. Annual income. The anticipated total income of an eligible family from all sources for the 12 -month period following the date of determination of income, computed in accordance with the regulations. Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program. Area exception rent An amount that exceeds the published FMR. See 24 CFR 982.504(b). As -paid states. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs. Assets. (See net family assets.) Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and Baldwin Park Housing Authority Administrative Plan — June 2021 Page 525 of 539 enjoy the benefits of, programs or activities receiving federal financial assistance. Biennial. Happening every two years. Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members' lease and occupancy rights are allowed to remain intact. Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment. Child. A member of the family other than the family head or spouse who is under 18 years of age. Child care expenses. 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. Citizen. A citizen or national of the United States. Co-head. An individual in the household who is equally responsible for the lease with the head of household. A family may have a co-head or spouse but not both. A co-head never qualifies as a dependent. The co-head must have legal capacity to enter into a lease. Common space. In shared housing, the space available for use by the assisted family and other occupants of the unit. Computer match. The automated comparison of databases containing records about individuals. Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA. Consent form. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self-employment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits. Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see 24 CFR 982.606-609. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 526 of 539 Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located. Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program. Contract authority. The maximum annual payment by HUD to a PHA for a funding increment. Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type (see 24 CFR 982.619). Covered families. Statutory term for families who are required to participate in a welfare agency economic self-sufficiency program and who may be subject to a welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance 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 the assistance. Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: - The length of the relationship - The type of relationship - The frequency of interaction between the persons involved in the relationship Dependent A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Dependent child. In the context of the student eligibility restrictions, a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent as specified above. Disability assistance expenses. Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member, and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. Disabled family. A family whose head, co-head, spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides. Disabled person. See person with disabilities. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 527 of 539 Disallowance. Exclusion from annual income. Displaced family. A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws. Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. Domicile. The legal residence of the household head or spouse as determined in accordance with state and local law. Drug-related criminal activity. 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. Economic self-sufficiency program. Any program designed to encourage, assist, train or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c). Elderly family. A family whose head, co-head, spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides. Elderly person. An individual who is at least 62 years of age. Eligible family. A family that is income eligible and meets the other requirements of the 1937 Act and Part 5 of 24 CFR. See also Family. Employer identification number (EIN). The nine -digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation. Evidence of citizenship or eligible status. The documents which must be submitted as evidence of citizenship or eligible immigration status. (See 24 CFR 5.508(b)) Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher. Area median income is determined by HUD, with Baldwin Park Housing Authority Administrative Plan — June 2021 Page 528 of 539 adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent (30%) of median income if HUD finds such variations are necessary due to unusually high or low family incomes. (See 24 CFR 5.603) Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock, or other real or personal property or interest in the property. Fair Housing Act Title Vill of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Fair Market Rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe, and sanitary rental housing of modest (non -luxury) nature with suitable amenities. See periodic publications in the Federal Register in accordance with 24 CFR Part 888. Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA Policy. - A family with or without children (the temporary absence of a child from the home due to placement in foster care is not considered in determining family composition and family size) - An elderly family or a near -elderly family - A displaced family - The remaining member of a tenant family - A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family. Family rent to owner. In the voucher program, the portion of rent to owner paid by the family. Family Self -Sufficiency Program (FSS program). The program established by a PHA in accordance with 24 CFR Part 984 to promote self-sufficiency of assisted families, including the coordination of supportive services (42 U.S.C. 1437u). Family share. The portion of rent and utilities paid by the family. For calculation of family share, see 24 CFR 982.515(a). Family unit size. The appropriate number of bedrooms for a family, as determined by the PHA under the PHA subsidy standards. Federal agency. A department of the executive branch of the federal government. Foster child care payment A payment to eligible households by state, local, or private agencies appointed by the state to administer payments for the care of foster children. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 529 of 539 Full-time student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). (See 24 CFR 5.603) Funding increment Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program. Gender identity. Actual or perceived gender -related characteristics. Gross rent. The sum of the rent to owner plus any utility allowance. Group home. A dwelling unit that is licensed by a state as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). (A special housing type: see 24 CFR 982.610-614.) Handicap. Any condition or characteristic that renders a person an individual with handicaps. (See person with disabilities.) HAP contract The housing assistance payments contract. A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family. Head of household. The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Household. A household includes additional people other than the family who, with the PHA's permission, live in an assisted unit, such as live-in aides, foster children, and foster adults. Housing assistance payment The monthly assistance payment by a PHA, which includes: (1) A payment to the owner for rent to the owner under the family's lease; and (2) An additional payment to the family if the total assistance payment exceeds the rent to owner. Housing agency (HA). See public housing agency. Housing Quality Standards (HQS). The HUD minimum quality standards for housing assisted under the voucher program. HUD. The U.S. Department of Housing and Urban Development. Imputed asset An asset disposed of for less than fair market value during the two years preceding examination or reexamination. Imputed asset income. The PHA -established passbook rate multiplied by the total cash value of assets. The calculation is used when net family assets exceed $5,000. Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction, but is included in the family's annual income and therefore reflected in the family's rental contribution. Income. Income from all sources of each member of the household, as determined in accordance with criteria established by HUD. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 530 of 539 Income for eligibility. Annual income. Income information means information relating to an individual's income, including: - All employment income information known to current or previous employers or other income sources - All information about wages, as defined in the state's unemployment compensation law, including any social security number; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and, when known, employer identification number of an employer reporting wages under a state unemployment compensation law - Whether an individual is receiving, has received, or has applied for unemployment compensation, and the amount and the period received - Unearned IRS income and self-employment wages and retirement income - Wage, social security, and supplemental security income data obtained from the Social Security Administration. Individual with handicaps. See person with disabilities. Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA. Initial payment standard. The payment standard at the beginning of the HAP contract term. Initial rent to owner. The rent to owner at the beginning of the HAP contract term. Institution of higher education. An institution of higher education as defined in 20 U.S.C. 1001 and 1002. See Exhibit 3-2 in this Administrative Plan. Jurisdiction. The area in which the PHA has authority under state and local law to administer the program. Landlord. Either the owner of the property or his/her representative, or the managing agent or his/her representative, as shall be designated by the owner. Lease. A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the PHA. Live-in aide. A person who resides with one or more elderly persons, or near - elderly persons, or persons with disabilities, and who: Baldwin Park Housing Authority Administrative Plan — June 2021 Page 531 of 539 - Is determined to be essential to the care and well-being of the persons; - Is not obligated for the support of the persons; and - Would not be living in the unit except to provide the necessary supportive services. LivinglSleeping Room. A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. A bedroom or living/sleeping room must have at least one window and two electrical outlets in proper operating condition. See HCV GB p.10-6 and 24 CFR 982.401. Local preference. A preference used by the PHA to select among applicant families. Low-income family. A family whose income does not exceed 80 percent (80%) of the median income for the area as determined by HUD with adjustments for smaller or larger families, except that HUD may establish income limits higher or lower than 80 percent (80%) for areas with unusually high or low incomes. Manufactured home. A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence, and meets the HQS. (A special housing type: see 24 CFR 982.620 and 982.621.) Manufactured home space. In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space. See 24 CFR 982.622 to 982.624. Medical expenses. 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 (a deduction for elderly or disabled families only). These allowances are given when calculating adjusted income for medical expenses in excess of 3 percent of annual income. Minor. A member of the family household other than the family head or spouse, who is under 18 years of age. Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. Monthly adjusted income. One twelfth of adjusted income. Monthly income. One twelfth of annual income. Mutual housing. Included in the definition of cooperative. National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. Near -elderly family. A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides. 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 532 of 539 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. - 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 §5.609. - 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 part 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. Noncitizen. A person who is neither a citizen nor national of the United States. Notice of Funding Availability (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding. This document explains how to apply for assistance and the criteria for awarding the funding. Office of General Counsel (OGC). The General Counsel of HUD. Overcrowded. A unit that does not meet the following HQS space standards: (1) Provide adequate space and security for the family; and (2) Have at least one bedroom or living/sleeping room for each two persons. Owner. Any person or entity with the legal right to lease or sublease a unit to a participant. PHA Plan. The annual plan and the 5 -year plan as adopted by the PHA and approved by HUD. PHA's quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3. Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term). Payment standard. The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 533 of 539 Person with disabilities. For the purposes of program eligibility. A person who has a disability as defined under the Social Security Act or Developmental Disabilities Care Act, or a person who has a physical or mental impairment expected to be of long and indefinite duration and whose ability to live independently is substantially impeded by that impairment but could be improved by more suitable housing conditions. This includes persons with AIDS or conditions arising from AIDS but excludes persons whose disability is based solely on drug or alcohol dependence. For the purposes of reasonable accommodation. A person with a physical or mental impairment that substantially limits one or more major life activities, a person regarded as having such impairment, or a person with a record of such impairment. Portability. Renting a dwelling unit with a Section 8 housing choice voucher outside the jurisdiction of the initial PHA. Premises. The building or complex in which the dwelling unit is located, including common areas and grounds. Previously unemployed. With regard to the earned income disallowance, a person with disabilities who has earned, in the 12 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. Private space. In shared housing, the portion of a contract unit that is for the exclusive use of an assisted family. Processing entity. The person or entity that, under any of the programs covered is responsible for making eligibility and related determinations and any income reexamination. In the HCV program, the "processing entity" is the "responsible entity." Project owner. The person or entity that owns the housing project containing the assisted dwelling unit. Public assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments. Public housing agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act. Qualified family (under the earned income disallowance). A family participating in an applicable assisted housing program or receiving HCV assistance: - 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; - 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 Baldwin Park Housing Authority Administrative Plan — June 2021 Page 534 of 539 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. Qualified census tract With regard to certain tax credit units, any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent (50%) of households have an income of less than 60 percent (60%) of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent (25%), and where the census tract is designated as a qualified census tract by HUD. Reasonable rent A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises. Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or service to allow a person with disabilities to fully access the PHA's programs or services. Receiving PHA. In portability: A PHA that receives a family selected for participation in the tenant -based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family. Recertification. Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported. Remaining member of the tenant family. The person left in assisted housing who may or may not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, leaving widow age 47 who is not disabled). Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance, and utilities that the owner is required to provide and pay for. Residency preference. A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (See residency preference area). Residency preference area. The specified area where families must reside to qualify for a residency preference. Responsible entity. For the public housing and the Section 8 tenant -based assistance, project -based certificate assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program Baldwin Park Housing Authority Administrative Plan — June 2021 Page 535 of 539 under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner. Secretary. The Secretary of Housing and Urban Development. Section 8. Section 8 of the United States Housing Act of 1937. Section 8 covered programs. All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under Section 202 of the Housing Act of 1959. Section 214. Section 214 of the Housing and Community Development Act of 1980, as amended. Section 214 covered programs. The collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR 5.500. Security deposit A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease. Set-up charges. In a manufactured home space rental, charges payable by the family for assembling, skirting, and anchoring the manufactured home. Sexual assault Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925 (a)). Sexual orientation. Homosexuality, heterosexuality or bisexuality. Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. (A special housing type: see 24 CFR 982.615-982.618.) Single person. A person living alone or intending to live alone. Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. (A special housing type: see 24 CFR 982.602-982.605.) Socialsecurity number(SSN). The nine -digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person's earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary. Special admission. Admission of an applicant that is not on the PHA waiting list or without considering the applicant's waiting list position. Special housing types. See Subpart M of Part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental). Baldwin Park Housing Authority Administrative Plan — June 2021 Page 536 of 539 Specified welfare benefits reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program. Spouse. The marriage partner of the head of household. Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person. State Wage Information Collection Agency (SIMICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment- related income and eligibility information. Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions. Suspension. Stopping the clock on the term of a family's voucher after the family submits a request for tenancy approval. 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. This practice is also called tolling. Tax credit rent. With regard to certain tax credit units, the rent charged for comparable units of the same bedroom size in the building that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant -based voucher assistance). Tenancy addendum. For the housing choice voucher program, the lease language required by HUD in the lease between the tenant and the owner. Tenant. The person or persons (other than a live-in aide) who execute the lease as lessee of the dwelling unit. Tenant rent to owner. See family rent to owner. Term of lease. The amount of time a tenant agrees in writing to live in a dwelling unit. Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 537 of 539 Unit. Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero (0) bedrooms to six (6) bedrooms. Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service not included. Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy - conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment. Utility reimbursement. In the voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner. Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines. Very low-income family. A low-income family whose annual income does not exceed 50 percent (50%) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent (50%) of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program. Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable. Violence Against Women Reauthorization Act (VAIMA) of 2013. Prohibits denying admission to the program to an otherwise qualified applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another. Voucher (housing choice voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program. Voucher holder. A family holding a voucher with an unexpired term (search time). Voucher program. The housing choice voucher program. Waiting list A list of families organized according to HUD regulations and PHA Policy who are waiting for a unit to become available. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 538 of 539 Waiting list admission. An admission from the PHA waiting list. Welfare assistance. Income assistance from federal or state welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, child care or other services for working families. For the FSS program (984.103(b)), welfare assistance includes only cash maintenance payments from federal or state programs designed to meet a family's ongoing basic needs, but does not include food stamps, emergency rental and utilities assistance, SSI, SSDI, or social security. Baldwin Park Housing Authority Administrative Plan — June 2021 Page 539 of 539