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Home My WebLink About2016 02 17NOTICE 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, FEBRUARY 17, 2016 at 6:00 PM. at City Hall — 3 d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: February 11, 2016 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on February 11, 2016. Alejandra Avila City Clerk AGENDA .�, .,.Sri CITY COUNCIL SPECIAL MEETING Please nate time and FEBRUARY 17, 201q,,----' ovation 6:00 PM CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 C (626) 960-4011 601" ANNIVERSARY Manuel Lozano Monica Garcia Cruz Baca Ricardo Pacheco Susan Rubio Mayor Mayor Pro Tem Councilmember Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG IS /N PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sabre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccidn. Si usted desea la oportunidad de dirigirse al Concilio a alguna de sus Agencias, podrJ hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar par tres (3) minutos. Hay un iatbraote rare su conveniencia. CITY COUNCIL SPECIAL MEETING – 6:00 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano 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 and/or 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 algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] PRESENTATION OF ROEM DEVELOPMENT CORPORATION - PHASE II Presentation by Alex Sanchez, ROEM Development Corporation, to provide an overview of the proposed Phase II Project. RECESS TO CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v City of Baldwin Park; Case Number: BC548602 Case Name: Casas v City of Baldwin Park; Case Number: BS145297 Case Name: Casas v City of Baldwin Park; Case Number: BS147794 3. 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): One (1) 4. PUBLIC EMPLOYEE DISCIPLIINE / DISMISSAL / RELEASE Pursuant to Government Code Section 54957: Director of Community Development 5. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: 8qet].gy desigrip1g.4 resent atives: Shannon Yauchzee and Robert Tafoya !1!1EppLrqs_ente(1E1qp10 j eek: Chief Executive Officer; Community Development Director; Police Chief; Public Works Director; Finance Director; Recreation and Community Services Director; Human Resource Manager; City Planner; Chief Deputy City Clerk, Housing Authority Manager RECONVENE IN OPEN SESSION ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on February 11, 2016. Alejandra Avila City Clerk PLEASE NOTE, Copies of staff reports and sul,)p0diog documentation pertaining to each item on this agenda are available for public viewing and inspection at City Halt, 2"' Floor Lobby Area or at Me Los Angeles County Pubfic Library in the City of Baldwin Park. For further information regarding agenda items, please convict the office of the City 00(h at (626) 960-4011 ext. 466 or e-mail a avi- . boliwinmr1ccom. 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 //) i ; 1 00 111 1N ' - 0 �i� M160AXeill W11 lik'a , MIAWILIE FEBRUARY 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 601H ANNIVERSARY Manuel Lozano Monica Garcia Cruz Baca Ricardo Pacheco Susan Rubio Mayor - Mayor Pro Tem - Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS ELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdiccidn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por fres (3) minutos. Hay un interprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952 Council are also members of the Board of Directors of the Housing Authority, which are concurrently convening with the City Council Council Member is paid an additional stipend of $30 for attending meeting and $50 for attending the Finance Authority meeting. 3, members of the City Authority and Finance his evening and each the Housing Authority ➢ Introduction of new staff member, Yuriko Ruizesparza, Program Supervisor with the Recreation and Community Services Department ➢ Presentation by Michael Cacciotti, Southern California Air Quality Management District ➢ Oath of Office for new Student Commissioner Anthony Grijalva, for service on the Recreation and Community Services Commission 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 and/or schedule matters for consideration at a future meeting. [Govemment 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 tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobiemo §54954.2] City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT — DECEMBER 2015 Staff recommends that Council receive and file the Treasurer's Report: 3. MEETING MINUTES Staff recommends that Council receive and file the Meeting Minutes of the Housing Authority, Finance Authority and Special City Council Meetings held on January 20, 2016. 4. APPROVAL OF AN AGREEMENT TO ALLOW A TEMPORARY MODULAR OFFICE TRAILER TO BE PLACED WITHIN AN EXISTING PARKING AREA AT 5050 RIVERGRADE ROAD IN CONJUNCTION WITH AN EXISTING BUSINESS (FREUDENBERG MEDICAL) FOR A MAXIMUM OF TWENTY-FOUR (24) MONTHS Staff recommends that the City Council approve the Agreement and direct the Mayor to sign the Agreement on behalf of the City of Baldwin Park. 5. APPROVAL OF AN ENVIRONMENTAL IMPACT REPORT AND A SPECIFIC PLAN INCLUDING AN URBAN DESIGN FRAMEWORK, CIRCULATION AND PARKING, ZONING AND DEVELOPMENT STANDARDS, AND DESIGN STANDARDS AND GUIDELINES WITHIN THE AREA GENERALLY DEFINED AS THE CITY'S DOWNTOWN AREA. (LOCATION: THE CENTRAL BUSINESS DISTRICT AREA, GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLDUING THE METROLINK RAIL STATION; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SP 15-01). Having opened and closed the public hearing for this matter on November 18, 2015, and receiving all testimony in opposition to and in favor of the Specific Plan and Environmental Impact Report, staff and the Planning Commission recommend the City Council: A. Adopt and approve Resolution 2015-099 entitled, "A Resolution of The City Council of the City of Baldwin Park Certifying the Environmental Impact Report for the Proposed Downtown Transit Oriented Specific Plan as Adequate and Complete and Adopting a Statement of Findings of Fact in Support Thereof, A Statement of Overriding Considerations and Mitigation Monitoring Program (Location: The Central Business District Area Generally Bounded by La Rica Avenue to the West, Clark Street to the North, Park N Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station. Applicant: City of Baldwin Park; Case Number: Specific Plan 15-01 (SP 15-01);" and City Council Agenda Page 3 B. Adopt and approve Resolution 2015-098 entitled, "A Resolution of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Transit -Oriented Development Specific Plan for the Downtown Baldwin Park Area (Location: The Central Business District Area Generally Bounded by La Rica Avenue to the West, Clark Street to the North, Park N Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station. Applicant: City of Baldwin Park; Case Number: Specific Plan 15-01 (SP 15-01). 6. CONSIDERATION OF DESIGNATING THE PLANNING COMMISSION AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE PURSUANT TO ORDINANCE 842 RELATING TO THE ESTABLISHMENT OF A CITY WIDE BUSINESS IMPROEMENT AREA IN THE CITY OF BALDWIN PARK Staff recommends that Council approve Resolution No. 2016-111, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Designation of the Planning Commission as the Business Improvement Advisory Committee to Make Recommendations on Matters Related to the City -Wide Business Improvement Area." 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE PUBLISHING A NOTICE OF INVITATION TO BID FOR PROJECT NO. 2015-0123, TRAFFIC SIGNAL INSTALLATION AT LOS ANGELES STREET AND HORNBROOK STREET Staff recommends that Council: 1. Approve the plans and specifications for the construction of a traffic signal at the intersection of Los Angeles Street and Hornbrook Avenue; and 2. Appropriate $200,000 in Gas Tax and Measure R Funds to ensure that funds are available for construction; and 3. Authorize the advertisement of a Notice of Invitation to Bid for the construction of the traffic signal. 8. APPROVAL OF ADDITIONAL FUNDING FOR CITY PROJECT NO. 2015-0106 WALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE I Staff recommends that Council: 1. Approve the appropriation of $50,000 from the TDA fund account #243-50-520- 58100-16185-2 additional ADA improvements; and 2. Authorize the Director of Finance to make appropriate transfers and fund adjustments. 9. ADVISORY VOTE TO JOIN THE SAN GABRIEL VALLEY VECTOR CONTROL DISTRICT It is recommended that the City Council provide staff direction to: 1) Conduct an advisory vote of Residents on joining the Vector Control District; City Council Agenda Page 4 2) Appropriate the necessary funds, Up to $32,000 ($29,000 and a 10% contingency); and 3) Return to the City Council with the results of the vote. 10. NOTICE OF COMPLETION — CITY PROJECT NO. 2015-0091, RESIDENTIAL STREET REHABILITATION WORK Staff recommends that Council: 1. Accept the construction improvements by Sully -Miller Contracting Company and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $68,541.11 in retention funds to Sully -Miller Contracting Company upon expiration of the 35 -day notice period. 11. AWARD OF BID FOR CITY PROJECT NO. 2015-0117, TRANSIT CENTER 5TH FLOOR SECURITY UPGRADES It is recommended that the City Council approve and award the contract to M3 Services, Inc., in the amount of $149,944.72, and authorize the Mayor to execute the contract for the Transit Center 5th Level Security Upgrades. REPORTS OF OFFICERS 12. POTENTIAL MUNICIPAL (ZONING) CODE AMENDMENT RELATING TO AUTOMOBILE TOWING AND STORAGE FACILITIES Staff recommends that Council provide direction to staff regarding the potential Municipal (Zoning) Code amendment relating to automobile towing and storage facilities: 1. Move forward with a Municipal (Zoning) Code Amendment to allow automobile towing and storage facilities with the following development standards: (i.) require a conditional use permit; (ii) require a minimum distance between facilities of 3,000 feet; and (iii) require a decorative perimeter block wall around the subject property; OR 2. Take no action. 13. CONSIDERATION OF A POTENTIAL PROPOSAL FOR SERVICES WITH THE KOSMONT COMPANY Staff recommends Council provide direction to staff regarding a proposal from the Kosmont Company relating to seeking assistance with retail -based economic development strategies as follows: 1. Hear the Kosmont Company presentation introducing the proposal for services; and 2. Consider directing staff to finalize an agreement and scope of services with the Kosmont Company and direct the City Attorney to draft a contract to be brought back to City Council for approval. City Council Agenda Page 5 14. APPROVE RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION. Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-107, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly, noting that, for those committees which provide any stipends, members nominated for such committees must abstain from that vote. 15. REVIEW OF CURRENT COMMISIONERS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS Staff recommends that the City Council provide staff directions. CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY OF THE 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 -16. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH MJW INVESTMENTS, LLC, FOR A PROPOSED TRANSIT -ORIENTED RESIDENTIAL DEVELOPMENT PROJECT BETWEEN BADILLO STREET AND RAMONA BOULEVARD Staff recommends that City Council approve the following: Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed transit -oriented residential condominium development project located at the intersection of, and between, Badillo Street to the south and Ramona Boulevard to the north; and 2. Authorize the Mayor to execute the Agreement. SA -17. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH MJW INVESTMENTS, LLC, FOR A PROPOSED TRANSIT -ORIENTED RESIDENTIAL DEVELOPMENT PROJECT BETWEEN STERLING WAY AND MAINE STREET, FACING BALDWIN PARK CITY HALL Staff recommends that City Council approve the following: Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed transit -oriented residential apartment development project located between Sterling Way to the west and Main Street to the south and east; and 2. Authorize the Mayor to execute the Agreement. City Council Agenda Page 6 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion and direction to staff on the following: • Mayor Lozano is requesting that direction be provided to staff to collaborate with BPUSD to consider opening all schools on Saturday and Sunday as green space for the Community. • Mayor Lozano is requesting that direction be provided to staff to cancel the State of City Event this year and, in its place, use the funding for the Annual Easter Egg Hunt to be held on Saturday, March 26, 2016. ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was osted on the City Hall bulletin board not less than 72 hours prior to the meeting, Dated this 11 " day of February, 2016. a i!Lgandra Avila City Clerk PLEASE NOTES Copies of staff reports and supporting docun'rentation pertaining to each itern on this agenda are available for public viewing and inspection at City Hall 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at krussall bald ±U ark -CPM. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 7 STAFF REPORT TO: ITEM NO. Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance DATE: February 17, 2016 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payrolls for the last two periods were $763,260.42 and the attached General Warrants Register were $2,434,082.95 for a total amount of $3,197,343.37. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. 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 hoes 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: The two payrolls of the City of Baldwin Park consist of check numbers 197722 to 197772. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 246500 to 246979 for the period of December 20, 2015 through January 16, 2016, inclusive; these are presented and hereby ratified in the amount of $763,260.42. 2. 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(1) 0 n 0 a I I Eli I uWu ITEM NO. jr 404, STAFF REPORT TO: Honorable Mayor and City Councilmembers ��cs or � THE FROM: Rose Tam, Director of Finance GARRrE1_ DATE: February 1732016 VALLEY ��; "P° SUBJECT: TREASURER'S REPORT DECEMBER 2015 SUMMARY Attached is the Treasurer's Report for the month of December 2015. 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. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 12/3112015 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2015 and several deposits/withdrawals were made with 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 ESTIMATED INVESTMENT INTEREST PURCHASE PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE ..._... T VALUE .............. _. �� . __.. PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.40% Varies Varies 20,166,064.40 20,166,064.40 20,166,064.40 20,166,064.40 Housing Authority 0.40% Varies Varies 13,083.88 13,083.88 13,083.88 13,083.88 20,179,148.28 20,179,148.28 20,179,148.28 20,1799,,11 48.28 Fiscal Agent Funds - City Varies Varies Varies 2,316,560.59 2,316,560.59 2,316,560.59 2,316,560.59 Fiscal Agent Funds - Successc Varies Varies Varies 2,938,140.38 2,938,140.38 2,938,140.38 2,938,140.38 $ 25,433,849 25 $ 25 433,849.25 O0'.....__ 5 254 700.97 �8 $ 25,433,849.25 Total Investments $ 25,433,849.25 Cash City Checking 10,197,206.69 City Miscellaneous Cash 122,278.05 Comm. Develop. Comm. 0.00 Successor Agency 4,258,933.30 Housing Authority 106,016.96 Financing Authority 0.00 Total Cash 14,684,435.00 Total Cash and Investments $ 40,118,284.25 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2015 and several deposits/withdrawals were made with 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 MINUTES ITEM NO. BALDWIN PARK HOUSING AUTHORITY JANUARY 20, 2016, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:54 p.m, ROLL CALL City Council present: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:54 p.m. and seeing no one wishing to speak, Public Communications closed at 8:54 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: NOVEMBER 2015 Staff recommends that the City Council receive and file the November 2015 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the October 2015 Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None, ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:55 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY JANUARY 20, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:53 p.m. ROLL CALL Cit. CQU ilresent: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:53 p.m. and seeing no one wishing to speak, Public Communications closed at 8:53 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: NOVEMBER 2016 Staff recommends that the City Council receive and file the November 2016 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the October 2015 Treasurer's Report, AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:54 p.m. Mayor ATTEST: City Clerk APPROVED:. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JANUARY 20, 2016, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:03 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Cruz Baca Councilmember Susan Rubio Councilmember Ricardo Pacheco (*Arrived at 6:18 pm) Mayor Pro Tem Monica Garcia (*Arrived at 6:06 pm) Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:03 p.m. gfpq Tuttle, Baldwin Park business owner, Expressed opposition to developing the "Red Car" location for residential; suggested that it is more suited for light industrial as is currently there; opined that even retail establishments would be better suited for the site rather than apartments. Arturo Luna, Baldwin Park resident, expressed disappointment, opining that Council should be working for all citizens and should not be showing preference; asserted that the community does not want any more taxes and that the City has done poorly in managing taxpayers' money. Seeing no one wishing to speak, Public Communications closed at 6:08 p.m. OPEN SESSION 1. CENTER MEDIAN LANDSCAPE DESIGN Presentation by Lacey Withers and Desiree Harboro, of Withers and Sandgren, to review center median landscape design plant palettes for discussion and selection. Lacey Withers, representing Withers and Sandgren, narrated a PowerPoint presentation which illustrated the new plant pallet, based on previous Council direction, that is proposed for the medians throughout the City and responded to questions from Council. After brief discussion, Council approved the new plant pallet and directed staff to work with the consultant to prepare and present design drawing for future review and approval. 2. POTENTIAL BALDWIN PARK DOWNTOWN DEVELOPMENT PROJECTS Presentation by Walbern Development, Inc., to consider options for potential development projects in downtown Baldwin Park. Page 1 of 3 Mark Walbern, representing Walbern Development, Inc., narrated a brief PowerPoint presentation, describing potential development scenarios for a residential development and civic plaza project adjacent to City Hall, as well as two development scenarios for residential development on the "Red Car" location at Ramona Blvd. and Badillo St. After responding to questions from Council, Mr. Walbern requested that Council consider approving two Exclusive Negotiating Agreements (ENAs), one for the Civic Plaza Project and one for the Red Car Project, which would allow Walbern to begin preliminary design and feasibility studies for presentation to Council 3. PRESENTATION BY KOSMONT COMPANIES Presentation by Archie Davenport and Ken Hira, regarding Kosmont Retail Now Archie Davenport and Ken Hira, representing Kosmont, narrated a PowerPoint presentation and spoke of the services that Kosmont has to offer with regard to economic development strategies and potential retail opportunities. After further discussion, it was suggested that Kosmont develop a proposal that will provide an overview of the current retail demographics and proposed options for retail development suggestions and bring it back later for Council consideration. RECESS TO CLOSED SESSION 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Title: Finance Director 5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Cook v. City of Baldwin Park, Case Number: 2:15 -CV -4163 Case Name: Casas v. City of Baldwin Park, et. al., Case Number: BS145297 Case Name: Casas v. City of Baldwin Park, et. al., Case Number: BS147794 Case Name: Ruballos v. City of Baldwin Park, Case Number: BC566139 Case Name: California Aware v. City of Baldwin Park, Case Number: BS155206 6. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: Ag n y des ig natq!jj:gppesen(a ives: Shannon Yauchzee and Robert Tafoya ina,presented Ei Iloy �„ s�4: Chief Executive Officer; Community Development Director; Police Chief; Public Works Director; Finance Director; Recreation and Community Services Director; Human Resource Manager; City Planner; Chief Deputy City Clerk, Housing Authority Manager Page 2 of 3 ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:13 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported out of Closed Session that a settlement had been reached in the case of Paul Cook vs. City of Baldwin Park, Case No. 2:15 -CV -4163, in the amount of $67,500, noting that the bulk of the settlement would be paid by GEO Jail Services and Baldwin Park would only be responsible for $15,000 of the settlement. Mayor ATTEST: City Clerk APPROVED: Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JANUARY 20, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:16 p.m. INVOCATION The invocation was provided by Pastor Jackson, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that a settlement had been reached in the case of Paul Cook vs. City of Baldwin Park, Case No. 2:15 -CV -4163, for the amount of $67,500, noting that the bulk of the settlement would be paid by the third -party administrator, GEO Jail Services, and Baldwin Park is responsible for $15,000 of the settlement. ANNOUNCEMENTS Mayor Lozano offered condolences and asked that the meeting be closed in memory of Arturo Manuel Lake, husband of Valley County Water District Board Member Mariana Lake; extended sympathy to family and friends. Mayor Lozano also extended his gratitude to all who sent condolences and who attended the services for the passing of his father, Lupe Lozano. Councilmember Baca requested that the meeting also be closed in memory of the infamous musician, Glen Frye, noting that he will be remembers forever through his music. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • KICK-OFF CELEBRATION OF THE 60TH ANNIVERSARY OF BALDWIN PARK. Mayor Lozano announced that the City of Baldwin Park will be celebrating its 601h Anniversary of incorporation this year and that the milestone will be commemorated through the entire year; noted that various events will celebrate the community and that the new logo will be featured on many of the City's printed and electronic material. • OATH OF OFFICE FOR STUDENT COMMISSIONERS Mayor Lozano called for students Luz Mercado of Sierra Vista High School and Anthony Grijalva of North Park High School to come forward, however, the students were not present so this ceremony will be moved to the next Regular Meeting. • 2016 GREATER LOS ANGELES HOMELESS POPULATION COUNT David -bang, Regional Representative for San Gabriel Valley representing the Los Angeles Homeless Services Authority (LAHSA), provided a narrative presentation to illustrate the purpose and importance of the annual homeless population count. Mr. Dang explained that the results of these county -wide counts help to determine the amount of funding and services needed by local agencies to respond and provide assistance to those in need. In response to an inquiry by Council, Mr. Dang noted that there are currently 22 volunteers signed up and an additional 8 are needed. Councilmember Baca suggested that Mr. Dang contact some of the local churches since they are impacted the most since they frequently provide food and shelter to the homeless. Councilmember Rubio asked that Mr. Dang return at a future meeting to provide Council with the results of the homeless count and information on what the LAHSA can offer to aid the homeless population in Baldwin Park. PUBLIC COMMUNICATIONS S Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Mayor announced that for those who were present to speak about Wayne Manor, the City must follow a specific process as mandated by state law and that the item on this evening's agenda does not give authority for Wayne Manor to Christina Lucer o, President of the Baldwin Park Unified School District, spoke out about the proposed adult care center, Wayne Manor, that is being considered for location in the neighborhood adjacent to De Anza Elementary School; opined that the administrators of the facility will have no control over patients, particularly if a patient becomes homeless due to expulsion from the program; stated that it will bring down property values and cast a negative shadow on Baldwin Park. Leonardo Cessada, Baldwin Park resident, asked that Council consider the opposition of parents and neighbors in the De Anza School area when making a decision on the Wayne Manor project; suggested that a special study be done to determine the effects on the neighborhood should this facility be permitted to go forward. ,Loses Ros r*, Baldwin Park resident and parent of a De Anza student, stated that she and the other parents will fight the approval of Wayne Manor; pointed out that none of the neighbors have anything against anyone with a mental disability, they just object to the proposed location of the facility. *Translation from Spanish to English by City Clerk Alejandra Avila. Carlos Lia , Vice President of Baldwin Park Unified School District, expressed opposition to locating the Wayne Manor facility in the De Anza neighborhood, citing the safety of children in the area; noted that those with disabilities deserve to be taken care of but that another location should be considered. Page 2 of 11 Claudia Asabello*, Baldwin Park resident and parent of a De Anza student, opined that there is no democracy in Baldwin Park anymore; stated that a petition of opposition to Wayne Manor has over 600 signatures on it and opponents of Wayne Manor want to make sure that those signatures count for something. *Translation from Spanish to English by City Clerk Alejandra Avila. Roxanne Bickham, representing the American Cancer Society, extended appreciation to the City for supporting the American Cancer Society and the Relay for Life event; noted that funds raised have resulted in the establishment of a cancer help line that is available 24/7, counseling after chemotherapy, and the availability of prosthetics; presented an Award of Appreciation to Mayor and Council. Irma I" unos, Baldwin Park resident and parent of a De Anza student, opined that these parents that are coming forward in opposition to the Wayne Manor project are the same people who helped with Council's re-election; stated that homelessness is at its highest rate ever and that many of the homeless in the De Anza area suffer from mental illness; provided examples of criminal acts by homeless individuals with mentally illness. Nora Gutierrez, parent of a De Anza student, pointed out that she has no problem with mentally ill people getting the treatment they need, but that the proposed location of this facility is not okay; expressed concern for her mother and children walking to and from the school as well as the safety of the neighborhood at night should the facility be built in the neighborhood. Jacob Durr, Executive Director of So Organics, urged Council not to adopt the ordinance which would ban medical marijuana delivery and cultivation in Baldwin Park; noted that the March 1St deadline originally imposed by the State was made in error and the date for MERSA compliance has been corrected and extended; opined that rushing to pass a law against medical marijuana is shortsighted and fails to consider those with medical conditions; suggested that a Special Permit be issued to those wishing to pursue medical marijuana enterprises. Arturo Luna, Baldwin Park resident, asserted that the City owes a significant amount of money and that funds are not being properly managed; expressed objection to the proposed location for the Wayne Manor facility. Robert Gr� ...: y, Teacher at De Anza Elementary School, stated that student enrollment is down and allowing the construction of a mental health facility so close to the school is detrimental to the students and the neighborhood; pointed out that an environmental impact study needs to be conducted and the facility should really be located somewhere else. Elaina Robles, field representative for Congresswoman Grace Napolitano, extended congratulations in recognition of the City's 60th Anniversary; HR 22 allocates $22 Billion dollars which will be provided for transportation improvements; provided a sampling of some of the items that will be funded by this allocation. Juan Rios, Baldwin Park resident, commented on campaign signs in the community; commented on the outstanding bonds that the City has issued; commented on soccer leagues using school grounds for practice; commented on developing "pocket parks" in the community. Martha DeSoshez, Baldwin Park resident, stated that she has children who attend De Anza elementary school but she will not permit them to walk to school because she fears for their safety; opined that Wayne Manor will bring more unsavory characters to the area and will jeopardize the safety of children. Page 3 of 11 Gree Tattle, Baldwin Park business owner, remarked on removal of campaign signs; made remarks about housing development in the downtown area and opined that traffic will increase with the additional residential units. Seeing no others wishing to speak, Public Communications closed at 8:16 p.m. CONSENT CALENDAR Council pulled Item Nos. 7 and 11 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT — NOVEMBER 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of November 2015. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Alejandra Aguirre Claimant alleges improper or illegal impound of vehicle Nhah Nguyen Claimant alleges damages to fence from strong wind toppling tree A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Housing Authority, Finance Authority and Special and Regular City Council Meetings held on December 16, 2015. Page 4 of 11 A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, APPROVE AND ADOPT ORDINANCE NO. 1382 AN AMENDMENT TO THE CITY'S MUNICIPAL CODE PROHIBITING MEDICAL AND RECREATIONAL MARIJUANA DISPENSARIES, CULTIVATION, DELIVERY AND MOBILE DISPENSARIES Staff recommends that Council conduct a second hearing, by title only and waive further reading, and following such reading, approve and adopt Ordinance 1382, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Subchapter 153.120 Part 10 Entitled Medicinal Marijuana Dispensaries And Modifying Subchapter 153.220.140 'M' Definitions (Medical Marijuana Dispensary) to be Consistent with State Law." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to conduct a second hearing, by title only and waive further reading, and following such reading, approve and adopt Ordinance 1382, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Subchapter 153.120 Part 10 Entitled Medicinal Marijuana Dispensaries And Modifying Subchapter 153.220.140 `M' Definitions (Medical Marijuana Dispensary) to be Consistent with State Law." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE AND ADOPT RESOLUTION NO. 2015-104, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO APPROVE SETTLEMENT CLAIMS WITH A SETTLEMENT AUTHORITY OF UP TO $24,999.00, CONSISTENT WITH GOVERNMENT CODE SECTION 935.4. Staff recommends that Council approve and adopt Resolution No. 2015-104 entitled "A Resolution of the City Council of the City of Baldwin Park Approving and Authorizing the Chief Executive Officer to Approve Settlement Claims with a Settlement Authority of Up to $24,999.00, Consistent with Government Code Section 935.4." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve and adopt Resolution No. 2015-104 entitled "A Resolution of the City Council of the City of Baldwin Park Approving and Authorizing the Chief Executive Officer to Approve Settlement Claims with a Settlement Authority of Up to $24,999.00, Consistent with Government Code Section 935.4." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 11 7. ADOPT RESOLUTION NO. 2016-108 AND RESOLUTION NO. 2016-109 TO AUTHORIZE CITY PARTICIPATION IN THE YGRENE WORKS PACE PROGRAMS AND APPROVING ASSOCIATE MEMBERSHIP IN THE CALIFORNIA HOME FINANCE AUTHORITY. Staff recommends that Council approve and adopt: A. Resolution No. 2015-108 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Consenting to Inclusion of Properties Within the City's Jurisdiction in the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure, and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto." B. Resolution No. 2015-109 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Consenting to Inclusion of Properties Within the City's Jurisdiction in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure, and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto." Councilmember Rubio requested that staff provide some clarification of this program and whether it resembled the existing HERO program that the City promotes; noted that she would like Ygrene to provide written materials in multiple languages and that she would like residents to be fully informed prior to undertaking participation; directed staff to work with Ygrene to develop workshops, presented multiple languages to address the Hispanic and Asian populations. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve and adopt: A. Resolution No. 2015-108 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Consenting to Inclusion of Properties Within the City's Jurisdiction in the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure, and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto." B. Resolution No. 2015-109 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Consenting to Inclusion of Properties Within the City's Jurisdiction in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure, and Approving Associate Membership in the Joint, Exercise of Powers Authority Related Thereto." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 11 8. APPROVE THE NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION PROJECT — LOS ANGELES STREET AT LA RICA AVENUE, AND BALDWIN PARK BOULEVARD AT OHIO STREET Staff recommends that Council: A. Accept the construction improvements by PTM General Engineering Services, Inc., and B. Authorize the recordation of the Notice of Completion; and authorize the payment of $19,637.12 in retention funds to PTM General Engineering Services, Inc,, upon expiration of the 35 -day notice period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: A. Accept the construction improvements by PTM General Engineering Services, Inc., and B. Authorize the recordation of the Notice of Completion; and authorize the payment of $19,637.12 in retention funds to PTM General Engineering Services, Inc., upon expiration of the 35 -day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. APPROVE THE AWARD OF CITY CONTRACT NO. 2015-0102, MAJOR STREET REHABILITATION, TO THE LOW REPONSIVE AND RESPONSIBLE BIDDER, GENTRY BROTHERS, INC., AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. Staff recommends that Council approve and award City Contract No. 2015-0102, Major Street Rehabilitation, to the low responsive and responsible bidder, Gentry Brothers, Inc., in the amount of $1,505,870, and authorize the Mayor to execute the contract. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve and award City Contract No. 2015-0102, Major Street Rehabilitation, to the low responsive and responsible bidder, Gentry Brothers, Inc., in the amount of $1,505,870, and authorize the Mayor to execute the contract.. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVAL OF A 3 -PARTY AGREEMENT BETWEEN DAVID COLOMA, REPRESENTING WAYNE MANOR, MIG/HOGLE-IRELAND, INC., AND THE CITY OF BALDWIN PARK FOR CEQA RELATED SERVICES FOR A PROPOSED 90 -BED ADULT RESIDENTIAL CARE FACILITY AT 12762-12766 TORCH STREET. Staff recommends that Council approve the 3 -Party Agreement between David Coloma, representing Wayne Manor, MIG/Hogle-Ireland, Inc., and the City of Baldwin Park, for CEQA related services for a Proposed 90 -Bed Adult Residential Care Facility and authorize the Mayor to sign the Agreement on behalf of the City. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the 3 -Party Agreement between David Coloma, representing Wayne Manor, MIG/Hogle-Ireland, Inc., and the City of Baldwin Park, for CEQA related Page 7 of 11 services for a Proposed 90 -Bed Adult Residential Care Facility and authorize the Mayor to sign the Agreement on behalf of the City. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVAL THE EMPLOYMENT CONTRACT WITH ROSE TAM FOR THE POSITION OF DIRECTOR OF FINANCE Staff recommends that Council approve the Employment Contract with Rose Tam to serve as the Director of Finance and authorize the Mayor to execute the contract. Mayor Lozano announced that, as approved in Closed Session, Ms. Tam's contract was revised increasing the amount from the published $136,000 to the current $143,438. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the Employment Contract with Rose Tam to serve as the Director of Finance and authorize the Mayor to execute the contract. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVAL THE AMENDED EMPLOYMENT CONTRACT WITH MICHAEL R. TAYLOR, FOR POSITION OF CHIEF OF POLICE Staff recommends that Council approve the Amended Employment Contract with Michael R Taylor, Chief of Police, and authorize the Mayor to execute the amended contract. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the Amended Employment Contract with Michael R Taylor, Chief of Police, and authorize the Mayor to execute the amended contract. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 13. CONSIDERATION OF CONTRACTS FOR GRANT WRITING FIRMS Staff recommends that Council provide direction to staff to select one or two consultants to write Grants for the City for a 12 -month period and award the appropriate contracts and funding. Councilmember Baca began by reflecting on a discussion from the previous Council meeting, noting that, while California Consultants had been contracted to apply for and secure grants for the Police Department, much of the work was being performed [successfully] by in-house staff; suggested that in-house staff continue to work on grants with consultants possibly working in a supportive role; suggested that the consultants reduce fees to reflect the scaled-back services. Page 8 of 11 Following discussion, it was agreed that the contracts with California Consultants and Del Sol would be revised to require reporting back to Council in three months with progress made in securing and applying for grants; addition of a 30 -day out clause; and that compensation and fees for each company would be adjusted to $3,900, equally. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the contracts with California Consultants and with Del Sol, each contract having compensation set at $3,900 per month, the addition of a "30 -day out" clause, and requiring that each firm appear before Council every three months to report on progress. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 14. APPROVE RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION. Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-107, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly, noting that, for those committees which provide any stipends, members nominated for such committees must abstain from that vote. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to bring this item back at the Regular City Council Meeting scheduled for February 17, 2016. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. REVIEW OF CURRENT COMMISIONERS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS Staff recommends that the City Council provide staff directions. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to bring this item back at the Regular City Council Meeting scheduled for February 17, 2016. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 9 of 11 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE 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. APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 16-17) FOR THE PERIOD FROM JULY 1, 2016 TO JUNE 30, 2017, AND ADMINISTRATIVE BUDGET. Staff recommends that City Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 16-17 for the period of July 1, 2016 through June 30, 2017; and 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2016-17; and 3. Direct staff to proceed with submitting the draft ROPS 16-17 for approval to the Oversight Board; and 4. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 5. Instruct staff to pose the approved ROPS 16-17 on the City's website. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 16-17 for the period of July 1, 2016 through June 30, 2017; and 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2016-17; and 3. Direct staff to proceed with submitting the draft ROPS 16-17 for approval to the Oversight Board; and 4. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 5. Instruct staff to pose the approved ROPS 16-17 on the City's website. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS As a result of the testimony heard during Public Communication, Council directed staff to work with the contractor, MIG/Hogle-Ireland, to present workshops to the residents in the De Anza neighborhood explaining what a CEQA is, how it is conducted, and how the results contribute to the overall feasibility of the project. Councilmember Baca inquired about the next Audit Committee meeting, to which Finance Director Tam responded by noting that the meeting is currently scheduled for February 2, 2016, at 4:00pm; Councilmember Baca asked about rescheduling the meeting to another date and confirmed that she would work with Director Tam to select a final date and time for the next meeting. Page 10 of 11 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:52 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 11 of 11 ITEM NO STAFF REPORT TO: Honorable Mayor and City Councilmembers HUS OF T 11E - ` ,, FROM: Marc Castagnola, AICP, Director of C runuinity Development Amy L. Harbin AICP City 1 lanSAN GAiiRIEL VALLEY d ° DATE: February 17, 2016 SUBJECT: Approval of an agreement to allow a temporary modular office trailer to be placed within an existing parking area at 5050 Rivergrade Road in conjunction with an existing business (Freudenberg Medical) for a maximum of twenty-four (24) months. SUMMARY This report requests City Council approval of an Agreement for Temporary Use of a Modular Office Trailer in conjunction with an existing business (Freudenberg Medical) for a maximum of twenty-four (24) months. FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDATION Staff recommends that the City Council approve the Agreement and direct the Mayor to sign the Agreement on behalf of the City of Baldwin Park. BACKGROUND Temporary Uses Section 110.20 through 110.25 of the Municipal Code discusses temporary uses, however, does not address the use of a temporary modular office trailer in this capacity. This section of the Code addresses temporary uses such as circuses, carnivals, Christmas Tree lots, or the temporary outdoor exhibits of goods and merchandise. Temporary trailers such as this one proposed are primarily seen in conjunction with significant construction activities and are utilized for construction personnel. So in an effort to be business friendly, and assist Freudenberg with their endeavors, staff is proposing this temporary agreement which would provide Freudenberg with the means necessary to grow and expand their business operations. Section 110.20 through 110.25 of the Municipal Code discusses temporary uses, however, does not address the use of a temporary modular office trailer in this capacity. This section of the Code addresses temporary uses such as circuses, carnivals, Christmas Tree lots, or the temporary outdoor exhibits of goods and merchandise. Temporary trailers such as this one proposed are primarily seen in conjunction with significant construction activities and are utilized for construction personnel. So in an effort to be business friendly, and assist Freudenberg with their endeavors, staff is proposing this temporary agreement which would provide Freudenberg with the means necessary to grow and expand their business operations. T re,udenbe g A ed c a1 Rt,q Freudenberg Medical ("Freudenberg") has occupied the location of 5050 Rivergrade Road since the late 1990's. They are a medical device manufacturing facility that specializes in the design, manufacture, and assembly, of small medical equipment and parts. Freudenberg is currently looking to hire additional employees (engineers) to accommodate their launch of up and coming new programs and production of said programs. The proposed temporary modular office trailer will be utilized as office/conference room space for the employees Agreement for Temporary Use of Trailer February 17, 2016 Page 2 while Freudenberg assesses and moves forward with a mezzanine expansion to permanently accommodate their growing workforce. The proposed temporary modular office trailer is 12' by 60' totaling 720 square feet of floor area. It will be utilized as office space only. There are no bathroom facilities in the temporary trailer, and the only permit required by the City would be for electrical service (electrical permit). The proposed temporary trailer will be located along the North side of the building within approximately seven (7) parking spaces adjacent to the existing building. Since the number of parking stalls on site exceed that required by the City's Zoning Code, placement of the trailer on the property and encroachment into the seven (7) parking stalls will not render the property with insufficient parking. Freudenberg has indicated that the assessment and build -out of the mezzanine, floor area will take no longer than twenty-four (24) months and at the conclusion of the build -out, the usage of the temporary trailer will be relocated inside the building and the temporary modular office trailer will be removed from the property. As such the Agreement, which will be recorded against the property, is for a maximum of twenty-four (24) months with any proposed extensions at the sole discretion of the City and in writing. ATTACHMENT #1, Agreement for Temporary use of Trailer CAAmy\AMY\WORD\Reports\Council Reports\Freudenberg Medical Temproary Trailer Agmt doe ATTACHMENT #1 AGREEMENT FOR TENILPORARY USE OF r rRAMER RECORDING REQUESTED BY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 WHEN RECORDED MAIL TO: City of Baldwin Park Community Development Department 14403 East Pacific Avenue Baldwin Park, CA 91706 ATTN: Amy Harbin, AICP, City Planner This document is recorded at request and for the benefit of the City of Baldwin Park and is exempt from the payment of a recording fee pursuant to Government Code §6103. CITY OF BALDWIN PARK By`. Manuel Lozano Mayor Date: AGREEMENT FOR TEMPORARY USE OF TRAILER This Agreement For Temporary Use of a Modular Office Trailer ("Agreement") is made and entered into on __2016 ("Effective Date") by and between the City of Baldwin Park ("City"), Freudenberg Real Estate L.P. ("Property Owner"), and Freudenberg Medical ("Freudenberg") to set forth the terms, conditions and restrictions required as a prerequisite to allowing the temporary use of one (1) modular office trailer. WHEREAS, Freudenberg plans to hire and employ additional personnel (engineers) to their company to launch new programs that are in the pipeline and will be eventually launched into production mode at their current facility located at 5050 Rivergrade Road in the City of Baldwin Park (the "Property"). Subject property is further identified by Los Angeles County Assessor's Parcel Number 8535-011-018. WHEREAS, the new programs that are proposed by Freudenberg require implementation by additional new employees with expertise in the new programs and production of those programs. WHEREAS, the existing building Freudenberg occupies does not currently have the floor area available to devote to this temporary use and will require the temporary use of a modular office trailer during the build -out of the mezzanine floor within the existing building. WHEREAS, Freudenberg requests approval for the placement of a 720 square foot (12' by 60') temporary modular office trailer on its Property within an existing vehicular parking area, adjacent to the North side of the building,(the "Parking Lot"). WHEREAS, the City's Zoning Code does not allow the placement of temporary modular office trailer in this capacity on the Property, but the City desires to reach a compromise which would allow Freudenberg to utilize a temporary modular office trailer for a specified period of time specifically during the preliminary launch of the new programs to accommodate new employees. WHEREAS, as a condition of approval, Freudenberg agrees to obtain any required permits from the City of Baldwin Park as necessary. NOW, THEREFORE, for and in consideration of the faithful performance by Freudenberg of the terms, covenants, and restrictions set forth herein, the City does hereby grant its approval to Freudenberg for the placement of a 720 square foot (12' by 60) temporary modular office trailer on the property located at 5050 Rivergrade Road, subject to the terms, covenants, and restrictions set forth below. IT IS FURTHER HEREBY ACKNOWLEDGED AND AGREED that Freudenberg will comply with the following terms, covenants, and restrictions: 1. Since existing number of parking stalls on site exceeds that which is required by the City's Zoning Code, the temporary modular office trailer on the Property and its encroachment into a maximum of seven (7) parking _spaces will not render the Property with insufficient parking under the City's codes. 2. Freudenberg agrees to ensure that the temporary modular office trailer will not impede the on-site circulation pattern and shall submit a site plan to the Planning Division for review and approval. 3. Freudenberg agrees to obtain all permits as required by the City's Building Division for the temporary modular office trailer. 3. This Agreement shall be signed by (a) the property owner, (b) an authorized officer of Freudenberg, and (c) recorded against the property occupied by Freudenberg prior to obtaining permits from the City's Building Division. 4. This Agreement shall not be assignable or transferable in any manner by Freudenberg to any other party, unless approved by the City in writing. 5. The placement of the temporary modular office trailer on the Property shall only be allowed for a maximum of twen -f+our 24 nnonths, beginning from the Effective Date of this Agreement. This Agreement and the City's approval of Freudenberg's use of a temporary modular office trailer shall automatically, and without any further action by the parties, terminate upon the expiration of the twenty-four (24) month time period. 6. Prior to or upon termination of this Agreement, Freudenberg may apply to the City of renewal of this Agreement and an extension of time to use the temporary modular office trailer. Any renewal or extension shall be at the sole discretion of the City and shall be in writing. -2— C:1Amy1AMY1WORD%Docs\Freudenberg Medical Trailer doc 7. Failure of Freudenberg to perform or comply with any of the terms, conditions or restrictions herein shall constitute a material default and breach of this Agreement, and shall result in the immediate termination of this Agreement. 8. The parties hereby agree that foregoing provisions constitute the entire agreement between the parties. [Signatures on following page] -3— C:tAmyWMYtWORDIDocs%Freudenberg Medical Trailecdoc IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. "FREUDENBERG MEDICAL" Date: Ward Sokolowski Freudenberg Medical "PROPERTY OWNER" Date: Ward Sokolowski Freudenberg Real Estate L.P. Property Owner CITY OF BALDWIN PARK Date: Manuel Lozano Mayor APPROVED AS TO FORM Robert N. Tafoya City Attorney -4— C:VAmyIAMYIWORD\DocstFreudenberg Medical Trailer doc ITEM NO. if ; /STAFF REPORT �, SALD TO: Honorable Mayor and Ci Co uncilmembers s ° FROM: Marc Castagnola, AICP, Community Development ii��ccor U roc Amy L. Harbin, AICP, City Planner (Y" SAN GABRIEL VALLEY �� DATE: February 17, 2016 `'aak�" SUBJECT: APPROVAL OF AN ENVIRONMENTAL IMPACT REPORT AND A SPECIFIC PLAN INCLUDING AN URBAN DESIGN FRAMEWORK, CIRCULATION AND PARKING, ZONING AND DEVELOPMENT STANDARDS, AND DESIGN STANDARDS AND GUIDELINES WITHIN THE AREA GENERALLY DEFINED AS THE CITY'S DOWNTOWN AREA. (LOCATION: THE CENTRAL BUSINESS DISTRICT AREA, GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLDUING THE METROLINK RAIL STATION; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SP 15-01). SUMMARY This item continued from November 18, 2015, requests City Council approval of an Environmental Impact Report and a specific plan including an urban design framework, circulation, parking, zoning and development standards and guidelines within the area generally defined as the City's Downtown area pursuant to Subchapter 153.210.660 through 153.210.710 of the City's Municipal Code. FISCAL IMPACT There is no fiscal impact associated with this item. However, approval of the Specific Plan may spur economic development within the area leading to increased economic activity and general fund revenues to the City. RECOMMENDATION Having opened and closed the public hearing for this matter on November 18, 2015, and receiving all testimony in opposition to and in favor of the Specific Plan and Environmental Impact Report, staff and the Planning Commission recommend the City Council: #1) Adopt and approve Resolution 2015-099 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED DOWNTOWN TRANSIT ORIENTED SPECIFIC PLAN AS ADEQUATE AND COMPLETE AND ADOPTING A STATEMENT OF FINDINGS OF FACT IN SUPPORT THEREOF, A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM (LOCATION: THE CENTRAL BUSINESS DISTRICT AREA GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLUDING THE METROLINK RAIL STATION. APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SPECIFIC PLAN 15-01 (SP 15-01);" and #2) Adopt and approve Resolution 2015-098 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A TRANSIT -ORIENTED DEVELOPMENT SPECIFIC PLAN FOR THE DOWNTOWN BALDWIN PARK AREA (LOCATION: THE CENTRAL SPl5-0l(Downtown Transit Oriented Development Specific 9km) February l7,20l6 BUSINESS DISTRICT AREA GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLUDING THE METROLINK RAIL STATION. APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SPECIFIC This public hearing item was originally heard on November 18, 2015. Following the closure of the public hearing a Councilmember requested a continuance enabling additional time to read the documentation. LEGAL --AW'IE17 Tlcis reriort has been reviewed and aDDroved by the City Attorney as to legal form and content. ALTERNATIVES Should the City Council elect to not approve the Final Environmental Impact Report and Downtown Transit - Oriented Specific Plan, the City would not have an incentive (completed CEQA) to attract developers and struggle in its ability to attract new development, revitalizing the downtown area. ATTACHMENTS #1, Resolution 2015-099—Environmental Impact Repo #2, Resolution 2015-098—Specific Plan I RESOLUTION NO. 2015-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED DOWNTOWN TRANSIT ORIENTED SPECIFIC PLAN AS ADEQUATE AND COMPLETE AND ADOPTING A STATEMENT OF FINDINGS OF FACT IN SUPPORT THEREOF, A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM (LOCATION: THE CENTRAL BUSINESS DISTRICT AREA GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLUDING THE METROLINK RAIL STATION. APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SPECIFIC PLAN 15-01 (SP 15-01). The CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) An Initial Study was prepared for the proposed Project in accordance with the provisions of the California Environmental Quality Act (CEQA), as amended, and the CEQA Guidelines. The City, as the Lead Agency, has determined, on the basis of the Initial Study, that the proposed Project will have a significant impact on the environment; and b) That pursuant to the California Environmental Quality Act of 1970, as amended, Public Resources Code, Section 21000 et. seq. (hereinafter "CEQA") and the CEQA Guidelines, 14 Cal; Adm. Code Section 15000 et. seq., and Environmental Impact report was prepared to evaluate anticipated environmental impacts resulting from changes in land use and land use policy a result of the implementation of the proposed Transit Oriented Downtown Specific Plan; and c) The Notice of Preparation (NOP) and Initial Study were publically circulated beginning December 31, 2014 and ending on February 5, 2015; and d) A public scoping meeting on the project was held on January 14, 2015; and e) The Draft Environmental Impact Report (DEIR) was prepared and includes a discussion of those environmental issues obtained as part of the NOP and the public scoping meeting. The DEIR publically circulated for a 45 - day period, beginning on May 4, 2015, ending on June 22, 2015 as required by law; and Resolution 2015-099 Psae 2 D Upon completion of the 45 -day review period, responses to all comments on the environmental issues in the DEIR were prepared and incorporated into the Final Environmental Impact Report (FEIR); and g) The FEIR was forwarded to all individuals and entities commenting on the DEIR a minimum of ten (10) days prior to the Planning Commission public hearing; and h) A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on October 27, 2015, at which time evidence was heard on the Final Environmental Impact Report; and i) The Planning Commission voted 5-0 recommending that the City Council approve the final environmental impact report and the Transit Oriented Specific plan for the City's Downtown area; and j) The City Council has fully reviewed and carefully considered the Final and Draft EIR and all other environmental documents that comprise the EIR, including all information presented at the duly noticed Public hearing upon said matter; and k) That the City Council has fully reviewed and carefully considered the Findings of Facts and Findings for the Environmental Impact Report, included and incorporated herein as Attachment #5 in the City Council staff report dated November 18, 2015, and in the Statement of Overriding Considerations for the Environmental Impact Report included and incorporated herein as Attachment #6 in the City Council staff report dated November 18, 2015; and 1) That the City Council has fully considered and recognized all the significant adverse environmental impacts which may result from the implementation of the proposed Downtown Transit -Oriented Specific Plan; and m) That all adverse environmental impacts of the Project will be avoided or mitigated to a level of insignificance by the imposition of the Mitigation Monitoring program, included and incorporated herein as Attachment #7 in the City Council staff report dated November 18, 2015; and n) That the Environmental Impact Report has described all reasonable alternatives to the project that could feasibly contain the basic objectives of the Project, even when those alternatives might impede the attainment of Project objectives or might be more costly; and o) That the City Council hereby finds and determines that the unavoidable significant impacts of the Project that will not be reduced to a level of insignificance identified in the Environmental Impact Report, are clearly outweighed by the economical, social, and other benefits of the Project as set Resolution 2015-099 Paae 3 for the in the Statement of Overriding Considerations, included at Attachment #6 in the City Council staff Report dated November 15, 2015; and p) That the City Council based upon the evidence presented and each City Council member being familiar with the Property, determined that the Final Environmental Impact Report should be certified. SECTION 2. That the City Council does hereby adopt the Findings of Fact for the Environmental Impact Report, included as Attachment #5 to the City Council staff report in the City Council staff report dated November 18, 2015. SECTION 3. That the City Council does hereby adopt the Statement of Overriding Considerations for the Environmental Impact Report, included at Attachment #6 in the City Council staff report dated November 18, 2015. SECTION 4. That, in view of the foregoing, the City Council of the City of Baldwin Park hereby certifies that the Environmental Impact Report for the Proposed Downtown Transit -Oriented Specific Plan is complete and adequate and was prepared in compliance with CEQA and was presented to the City Council and the Council has reviewed and considered the information contained herein. SECTION 5. That the City Council relied Upon the Administrative Record, and evidence presented at the public hearing making the above determinations and in reaching the conclusion that the Environmental Impact Report be certified. SECTION 6. That the Community Development Department/Planning Division is hereby authorized and directed to file a Notice of Determination with the County Clerk of Los Angeles, as required pursuant to CEQA. SECTION 7. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 17th day of February, 2016. MANUEL LOZANO MAYOR Resolution 2015-099 PaQe 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, KRISTI RUSSELL, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2015-099 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 17th day of February, 2016 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: KRISTI RUSSELL CHIEF DEPUTY CITY CLERK ENV" I . INIJUTIN RESOLUTION 2015-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A TRANSIT -ORIENTED DEVELOPMENT SPECIFIC PLAN FOR THE DOWNTOWN BALDWIN PARK AREA (LOCATION: THE CENTRAL BUSINESS DISTRICT AREA GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLUDING THE METROLINK RAIL STATION. APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SPECIFIC PLAN 15-01 (SP 15-01). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That an application ("Application") for a Specific Plan (SP 15-01) was submitted by the City for certain real property, within the area generally bounded by La Rica Avenue to the west, Clark Street to the North, Park n Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and b) The Application is sought to allow for the orderly, systematic and specific implementation of the City's General Plan within the Specific Plan area (approximately 115 acres). At build -out, the development could include up to 833 residential dwelling units and 289,135 s.f. of nonresidential space; and c) That a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff report for the Specific Plan and each member of the Commission being familiar with the general area, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application is present and that the Planning Commission should recommend that the City Council approve the Specific Plan; and d) A properly noticed public hearing was held by the City Council of the City of Baldwin Park on November 18, 2015, at which time evidence was heard on the Downtown Transit -Oriented Specific Plan; and Resolution 2015-098 Paqe 2 SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to Specific Plans: a) The specific plan is consistent with and provides for the orderly, systematic and specific implementation of the General Plan. The specific plan will provide for the orderly, systematic and specific implementation of the General Plan within the Specific Plan area (approximately 115 acres overall). The Specific Plan identifies sites that are underutilized and have the potential for redevelopment, infill development and/or adaptive reuse to better serve the downtown area. The proposed Specific Plan includes development standards to facilitate a cohesive design and a high-quality architectural and pedestrian -oriented environment through a continuous street -frontage, pedestrian connections and ground -floor design features that provide a visual link to the street and sidewalk. Build -out of the Specific Plan would result in the development of 833 residential units and 289,135 s.f. of non-residential space. The specific plan is located within the Downtown Area noted in Goal 8.0 of the Land Use Element of the General Plan which seeks to establish a pedestrian "core" for the Downtown Area. Additionally, Policy 8.1 encourages the City to provide a mix of commercial and multi -family residential uses to create 24-hour activity in the Downtown, which is exactly what the Specific Plan facilitates to create within the area. b) The land use and development regulations within the specific plan are comparable in breadth and depth to regulations contained in this chapter. The proposed development standards contained in the specific plan do vary some from the development standards contained in the City's Municipal Code; however there is a reduction in the number of parking stalls required for commercial uses (75% of the current Zoning Code requirement) and residential multi -family uses. This reduction is to reflect the characteristics of a Downtown transit oriented development and to reflect on the `Park Once" concept. Furthermore, the reduction in the development standards for on-site parking is justified in that the project proposal is transit -oriented given its close proximity and walking distance to the Baldwin Park Metrolink Rail Station, the MTA rapid bus route along Ramona Boulevard, which feeds into the EI Monte Bus Station, as well as Foothill Transit bus routes which serve the. San Gabriel Valley. Transit -oriented development typically Resolution 2015-098 Paae 3 requires fewer parking than regular development due to its location near transit hubs and proximity to goods and services. This reduces the likelihood that residents to have two automobiles per unit and instead residents will rely on public transit and other alternative modes of transportation. c) The specific plan will not adversely affect the public health and safety or result in incompatible land uses. This specific plan is consistent with Goal 8.0 of the Land Use Element of the General plan which seeks to establish a pedestrian `Core' for the Downtown as noted with the transit - oriented, mixed use development including up to a maximum 833 residential dwelling units and the 289,135 s.f. of commercial/retail space. The specific plan is also consistent with Policy 8.1 which is to provide for a mix of commercial and multi -family residential uses ... and allows mixed use development to consist of vertical integration of commercial and residential uses as shown in the attached Specific Plan. d) The specific plan provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of development entailed in the specific plan. The specific plan is not specifically phased; however, it is considered a long-range document. Much of the revitalization in the Specific Plan area will require land assemblage and on sites with multiple owners, redevelopment tends to be longer term (10+ years). It is anticipated that the any proposed development within the Specific Plan area will be coordinated in accordance with the Specific Plan's development standards and design guidelines. e) The specific plan identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. There are no financing mechanisms noted in the specific plan and financing of the infrastructure of any type of new development within the Specific Plan area will be completely borne by the respective Developer. Any developer who decides to undertake any development within the Specific Plan area will be required to coordinate with each respective utility company with regards to upgrading/installing infrastructure. However, the Specific Plan notes that the Resolution 2015-098 Page 4 City should develop an infrastructure financing plan as outlined in Chapter 8. Because individual areas of the Specific Plan may develop at different times, and it is anticipated that the infrastructure and available funding sources will change as development occurs, the financing plan will need to be updated periodically. SECTION 3. That the City Council adopted Resolution No. 2015-099 certifying the Final and Draft Environmental Impact Report and adopting the Finding of Fact, Statement of Overriding Considerations and the Mitigation Monitoring Program pursuant to CEQA. SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the City Planner. PASSED AND APPROVED this 17th day of February, 2016, MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, KRISTI RUSSELL, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2015--098 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 17t day of February, 2016 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KRISTI RUSSELL, CHIEF DEPUTY CITY CLERK ITEM NO. _... Sr 17AFF REPORT TO: Honorable Chair and Board Members '+ALD FROM: Marc Castagnola, AICP, Director of Community Develo1)n�1t rro'or ,� P'', DATE: February 17, 2016 rr , SUBJECT: L"ON'SI1E I A I ION OFDEStIGNATI dt.'r 114E PLANNING COMMISSION AS TI BI,.J ' SS MEN"I" PROVE ADVISORY LtiOM MIT'I'EE PURS11 AN Ml"O ORIAN AN .I 842 ISELATINt TO THE ES"I"ABLIS11 MENT OF A CITY WIDE 13USINIiC'SS I Ml'R1 VE IENT AREA IN THE C171N OF BALDWIN PARK. SUMMARY To consider desigmAting the Planning Commission as the City Colrrrcil Advisory Committee to make reconinrendmioa or•r tmatters related to the citywide business improvement <i:r-e�i as described iri Ordinance 842. FISCAL IMPACT There is no fiscal impact to designating the Planning Commission as the City Council Advisory Committee. RECOMMENDATION Staff recommends that the City Council approve Resolution No2016-111 designating the Planning Commission as the Business Improvement Advisory Corgi nnittee entitled, "A Il l SOl l J'[ION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CAI,II°'ORNIA, ORDERINti 'ITIS 1 I'SI.GNATION OF THE PLANNING COMMISSSION AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS ON MATTERS RELATED TO THE CITY-WIDE BUSINESS IMPROVEMENT AREA", BACKGROUND On November 17, 1982, the City Council adopted Ordinance No. 842 establishing a citywide business improvement area. Section 9 of the Ordinance requires a City Council Advisory Committee as follows: "For the pnrpose ofatkising the Cil v Council, tnoking, to them on the operation and extent of the Area, the methody and rracty.:r in Tthich rei,enue derirred fi-onr the levy of the special business licerise cWharg,e imposed l'y this Ordincince^ rnipr ,t be uset.1, and l�cr;; brining such other powers and duties as the City Council may determine, a City Council ✓t thisory t"'ointanittee shall be established by Resolution of the City Council. " 1"lieCity is currently engaged in several ecc: nonTic development efforts that could be funded through the 13rrsiness larrprovenient Area levy. l lowever, until such a time an advisory committee is formed, a budget reconiniendation cannot be presented ,ind :rl)proved by the City Council. The City Council cannot act as the Advisory Committee. . Y is to reNliew l l by the {'rty ("crrrrrcil, ntantlrly bars" l�larr:r��rrg, :�"r rr��n•ttssrct�t tr�errtl��,rs are �r��orr�uted �rrrcl nte�t crr� a entitlement ;ipplicatiorts. Suifl also, provides the C,onlinission with regular updates ort �rtrrzlot antic•rp��rted projects effecting, economic (levelol)nrents. `fliety ore, i11,11dclition to its reg„rrkrr d0ties, 0te Plannirig Corlrrnissron is well positioned to licar stat"l's recommendation on matters related to tyre citywide business irlllaN•ovenieirt mva and make recommendation to the City Corrrrcil purscrmit to (Ordinance 842. BIA Advisory Committee February 17, 2016 PaL,e 2 LE C A L R �E, V I E' W The City Attorney has reviewed this staff report and Resolution for form and content. ALTERNATN, 'VE'S I 111,,.1y (jeci(le nest to designate the Planning Commission as the Advisory Committee and The (Ity C01,11,61 provide staff direction to I-ort'n ati itidepetident Committee. ATTA( AC1- M -E, N I S' ifl, Rcsoltitioii No. 2016-111 Attachment I Resolution No. 2016-111 Attachment RESOLUTION NO. 2016-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE DESIGNATION OF THE PLANNING COMMISSION AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS ON MATTERS RELATED TO THE CITYWIDE BUSINESS IMPROVEMENT AREA. WHEREAS, the City of Baldwin Park City Council adopted Ordinance No. 842 on November 17, 1982 establishing a citywide business improvement area; and WHEREAS, Section 9 of Ordinance 842 requires a City Council Advisory Committee to serve the purpose of advising the City Council, making recommendations to them on the operation and extent of the Area; and WHEREAS, Section 9 of Ordinance 842 requires a City Council Advisory Committee to serve the purpose of advising the City Council, the methods and ways in which revenue derived from the levy of the special business license charge imposed by this Ordinance might be used; and WHEREAS, Section 9 of Ordinance 842 requires a City Council Advisory Committee to perform such other powers and duties as the City Council may determine; and WHEREAS, Ordinance 842 requires a City Council Advisory Committee shall be established by resolution of the City Council; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the recitations and findings made above are true and correct; and SECTION 2. That it is hereby found and determined that the Planning Commission is designated as the Business Improvement Advisory Committee to make recommendations on matters related to the citywide business improvement area. SECTION 3. That this Resolution shall take effect immediately upon adoption. Resolution 2016-111 Page 2 PASSED, APPROVED, AND ADOPTED this 17th day of February 2016. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on February 17, 2016 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK DISCUSSION A traffic study of the intersection was conducted in conformance with State and Federal Guidelines. The traffic study determined that the installation of traffic signals at this intersection is warranted based on the high volume of traffic on Los Angeles Street. The traffic signals will relieve traffic that currently backs up to I-605 freeway, and will also allow a safer path for Pedestrian and Bicycle traffic commuting to BPUSD Schools. The approval of this report will accept the completed plans and specifications and appropriate funding for construction. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice of Inviting Bids 2. Plans and Specifications - available for review in the office of the City Clerk Attachment 1 NOTICE INVITING BIDS City Project No. 2016-0123 - Traffic Signal Installation at Los Angeles Street and Hornbrook Avenue PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until 10:00 A.M., Wednesda, April 6 2016 at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description —The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for the installation of a Traffic Signal at the intersection of Los Angeles Street and Hornbrook Avenue and all appurtenant work per plans and specifications. Pre -Bid Meeting—None Required. Bid Proposals— Bids shall be sealed and plainly marked "Bid No. 2016-0123 - Traffic Signal Installation at Los Angeles Street and Hornbrook Avenue." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section "B" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement define the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 93-706, (6z6) 960-403-1. on and after March 10th, 2016 Monday thru Thursday between the hours of 7:3o A.M. and 6:0o P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Bid Security— Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the opening date. City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right-of-way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 3-77o et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770,1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of Attachment 1 this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section 1725.5• Compliance Monitoring and Enforcement—Contractor's performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Thursday, March loth, 2016 Thursday, March 17th, 2oi,6 STAFF REPORT SUMMARY TO: FROM: DATE: SUBJECT: ITEM NO. Honorable Mayor and City Council members Daniel Wall, P.E., Director of Public Works / City Engiueel l im February 17, 2016 APPROVE PLANS AND SPECIFICATIONS AND AUTI ORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2016-0123 — TRAFFIC SIGNAL INSTALLATION AT LOS ANGELES STREET AND HORNBROOK AVENUE This item will approve plans and specifications, and authorize the publishing of a Notice Inviting Bids for City Project No. 2016-0123 — Traffic Signal Installation at Los Angeles Avenue and Hornbrook Avenue. FISCAL IMPACT The approval of this item requires an appropriation to ensure that funds are available for this project. The approval of the appropriation will not impact the City's General Fund. The following table shows the impact on the proposed restricted funds: RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the construction of a traffic signal at the intersection of Los Angeles Street and Hornbrook Avenue; and 2. Appropriate $200,000 in Gas Tax and Measure R funds to ensure that funds are available for construction; and 3. Authorize to advertise Notice inviting Bids for the construction of the traffic signal. BACKGROUND Currently the intersection at Los Angeles Street and Hornbrook Avenue is a non -signalized four-way stop sign controlled intersection. Traffic enters the intersection from a minor street (Hornbrook Avenue) and major street (Los Angeles Street). Traffic in this area often backs up to the I-605 due to the stop sign controlled intersection. STAFF PORT ITEM NO. Jig r 0 TO: Ilam a cable Mayor sand City ('1011 aeil Me:Mbers v HUO,OF , HE' FROM: Daviel Wall, P.E., Director of Poblic Works / City Engineer �.f SAN GABWEL DATE: 1� ebraa:ary 17 21116 ' aN_t ;"" ` Y a DJ� SUBJECT: P�l It Al.�� l 1'I9AL 1�"L➢iS:IdC :I+'Old +f.I"l° APPROVAL " O ADDITIONAL �� ,. �` PROJECT NO. 2015-0106 WALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE I SUMMARY This item will add an appropriation to the Walnut Creek Nature Park Improvements Project to supplement funds for the purpose of installing ADA walking surface leading to the park pathway, which will connect to the planned San Gabriel River Bikeway Trail. FISCAL IMPACT The approval of this item will not impact the General Fund. The additional $50,000 in construction funding authorized by this report will be appropriated from TDA Article 3 funds. The funds are available for drawdown from the City's allocation through MTA. The following table shows the impact on the affected restricted funds: --- --- ----- -- _.._. Funds Current Balance Projected Recommended Remaining Expenditures Appropriations Balan. TDA $154,996 $0 $50,000 $104,996 RECOMMENDATION It is recommended that the City Council: 1) Approve the appropriation of $50,000 from TDA fund account 4243-50-520-58100-16185-2 for additional ADA improvements; and 2) Authorize the Director of Finance to make appropriate transfers and fund adjustments. BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. On October 7, 2015, the City Council accepted the Plans and Specifications for Phase I improvements and authorize the Public Works Department to advertise the project. On December 16, 2015, the City Council awarded the bid to Principles Contracting, Inc. for the construction of the improvements. If the appropriation is approved, it will infuse the project with needed funds for additional work in the form of ADA improvements that will move the project smoothly onto Phase 11, which is scheduled to commence in the fall of 2016. This project will eventually connect to the planned San Gabriel River Bikeway Trail project currently being designed. LEGAL REVIEW None Required. ATTACHMENTS None. SUMMARY This report provides the City Council an option to peruse annexation into the San Gabriel Valley Vector Control District (The District) after an advisory vote of the residents of Baldwin Park. FISCAL IMPACT There is a cost of approximately $29,000 to do an advisory vote but this is less than the $90,000 estimated for a formal Proposition 218 vote conducted by the District. All annexation fees will be paid by the District. Once annexed, the City would have to pay an annual parcel fee based on the parcels it owns, in the amount of approximately $1,050 per year. RECOMMENDATION It is recommended that the City Council provide staff direction to: 1. Conduct an advisory vote of Residents on joining the Vector Control District, 2. Appropriate the necessary funds, Up to $32,000 ($29,000 and a 10% contingency) and 3. Return to the City Council with the results of the vote. BACKGROUND Since 1989, the San Gabriel Valley Mosquito & Vector Control District (the District) has been a public health agency that is committed to managing populations of mosquitoes and other vectors (a vector is an insect or animal that spreads disease) so they are not nuisances, do not cause outbreaks of human disease, and do not interrupt the quality of life of residents. The District is an independent special district which serves the residents of 23 cites as well as unincorporated portions of Los Angeles County. The City is not a member of the District and therefore does not receive treatments and protections provided by the District. Vector control is important in slowing the spread of diseases, including West Nile Virus. Recently, the Tiger Mosquito has been introduced into the San Gabriel Valley. This mosquito is active and very aggressive, often biting during daylight hours, and can spread West Nile Virus and other diseases. This past summer saw a distinct increase in complaints from Baldwin Park residents to the District and to the City, however the District cannot respond as the City is not a member. Several residents have submitted petitions asking the City Council to join the District. Recent case law shows that to annex it to this District, which would include assessment of $11.80 per year fee to each property, does NOT require a Proposition 218 vote as was previously thought. The assessment of $11.80 is levied to 99 percent of the properties and a small amount of larger properties (commercial/industrial parcels over 5 acres) pay $20 per year. The City Council recently suggested a vote be held to confirm the wishes of the residents. The advisory vote will both cost less and provide the valuable information. w ITEM NO. STAFFREPORT p TO: Honorable Mayor and City Councilmembers HUB orFROM: THE Sliannon Yauch ee, CEO SAW GABRI)00 DATE: February 17, 2015VALLEY SUBJECT: ADVIORY VOTE TO JOIN THE SAN GABRIEL VALLEY VECTOR CONTROL DISTRICT SUMMARY This report provides the City Council an option to peruse annexation into the San Gabriel Valley Vector Control District (The District) after an advisory vote of the residents of Baldwin Park. FISCAL IMPACT There is a cost of approximately $29,000 to do an advisory vote but this is less than the $90,000 estimated for a formal Proposition 218 vote conducted by the District. All annexation fees will be paid by the District. Once annexed, the City would have to pay an annual parcel fee based on the parcels it owns, in the amount of approximately $1,050 per year. RECOMMENDATION It is recommended that the City Council provide staff direction to: 1. Conduct an advisory vote of Residents on joining the Vector Control District, 2. Appropriate the necessary funds, Up to $32,000 ($29,000 and a 10% contingency) and 3. Return to the City Council with the results of the vote. BACKGROUND Since 1989, the San Gabriel Valley Mosquito & Vector Control District (the District) has been a public health agency that is committed to managing populations of mosquitoes and other vectors (a vector is an insect or animal that spreads disease) so they are not nuisances, do not cause outbreaks of human disease, and do not interrupt the quality of life of residents. The District is an independent special district which serves the residents of 23 cites as well as unincorporated portions of Los Angeles County. The City is not a member of the District and therefore does not receive treatments and protections provided by the District. Vector control is important in slowing the spread of diseases, including West Nile Virus. Recently, the Tiger Mosquito has been introduced into the San Gabriel Valley. This mosquito is active and very aggressive, often biting during daylight hours, and can spread West Nile Virus and other diseases. This past summer saw a distinct increase in complaints from Baldwin Park residents to the District and to the City, however the District cannot respond as the City is not a member. Several residents have submitted petitions asking the City Council to join the District. Recent case law shows that to annex it to this District, which would include assessment of $11.80 per year fee to each property, does NOT require a Proposition 218 vote as was previously thought. The assessment of $11.80 is levied to 99 percent of the properties and a small amount of larger properties (commercial/industrial parcels over 5 acres) pay $20 per year. The City Council recently suggested a vote be held to confirm the wishes of the residents. The advisory vote will both cost less and provide the valuable information. Vector Control February 17, 2015 Paee 2 If directed to proceed, staff will conduct one or two community outreach meetings, followed by a mailing of post card ballots to all residents. The result will be tabulated and reported back to the City Council and, at that time, the Council can decide whether to proceed with annexation or not. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The City Council could: 1) Proceed with the advisory vote at a lower cost of approximately $29,000. 2) Proceed with a Proposition 218 vote at a higher cost of approximately $90,000„ 3) Proceed with annexation without an advisory vote of the residents. 4) Do not proceed with annexation at this time. ATTACHMENTS None. ITEM NO. 77771 STAFF :.POT TO: Honorable Mayor and City Council members HUB OF , 'C rHar' FROM: Daniel Wall, P.E., Director of Public Works / City Engineer SAN GAB RIEL DATE: February 17, 2016 y,� NN VA LLEY SAN SUBJECT: NOTICE OF COMPLETION - CITY PROJECT NO. 2015-0091 RESIDENTIAL STREET REHABILITATION WORK SUMMARY This item will accept the work completed by this project, close the contract, and authorize the filing of a Notice of Completion with County Clerk. This project paved 29 street segments primarily within residential areas and included: cold mill and asphalt overlay, removing and replacing concrete sidewalks, curb and gutters, upgrading and constructing new access ramps, adjusting sewer and storm drain maintenance covers to grade, installing striping and pavement messages and all other work called for by the plans and specifications. FISCAL IMPACT This project did not use any General Funds. Total project costs were $1,371,982.35. The following table details funding for this project. Approved Construction Funds Gas Tax Measure R Total Amount Construction Contract $828,175 .. ...... $500,000 $1,328,175 ....... Contingency Allowance (10%) $132,825 .....___... _ $132,825 Construction Engineering (5%) $66,000 - $66,000 Total Available Funds $1,027,000 ........_ $500,000 $1,527,000 Final Project Cast Total Amount Construction Contract Cost $1,328,175.00 Total Cost of Change Orders $42,647.13 Total Construction Engineering Cost $1,160.22 Total Project Costs $1,371,982.35 RECOMMENDATION Staff recommends that the City Council: 1. Accept the construction improvements by Sully -Miler Contracting Company and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $68,541.11 in retention funds to Sully -Miller Contracting Company upon expiration of the 35 -day notice period. BACKGROUND On October 7, 2015, the City Council awarded to Sully -Miller Contracting Company a construction contract for $1,328,175. Sully -Miller Contracting Company completed all work on January 25, 2016. None Required. ATTACHMENTS Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use Only NOTICE OF COMPLETION Notice is hereby given that the certain work of improvement known as: Project No. 2015-0091 — Residential Street Rehabilitation — Various Locations Citywide for the City of Baldwin Park was accepted by the City Council on: February 17, 2016 The work of improvement was performed and completed by: Sully -Miller Contracting Company on January 25, 2016 The undersigned, being duly sworn Engineering Manager of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK Shannon Yauchzee, Chief Executive Manager NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of ) SS , 2016 before me, Date: personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. 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 STAFF REPORT ITEM NO.. ...........................m TO: Honorable Mayor and City Council members FROM: Daniel Wall, P.E., Director of Public Works / City l ngine , DATE: February 17, 2016 SUBJECT: AWARD OF BID FOR CITY PROJECT NO. 2015-0117 TRANSIT CENTER 5' FLOOR SECURITY UPGRADES SUMMARY This item will award the contract for City Project No. 2015-0117 — Transit Center 5th Floor Security Upgrades to M3 Services Inc., in the amount of $149,944.72. FISCAL IMPACT This is an admissible use of Asset Forfeiture funds. There will be no impact to the general fund. RECOMMENDATION It is recommended that the City Council: Approve and award the contract to M3 Services, Inc. in the amount of $149,944.72 and authorize the Mayor to execute the contract for the Transit Center 5th Level Security Upgrades. BACKGROUND The City Hall complex and Police Department facilities have only 34 parking stalls designated for City Police vehicles. The Police Department currently has 72 vehicles, which include Detective Bureau, Administration, Undercover, Parking Enforcement and Code Enforcement. The proposed new parking improvements would designate approximately 100 stalls to secure City vehicles and provide safe and secure parking on the top parking level of the Transit Center. These additions will also restrict general public access. This area would be secured by an access controlled automated roll -up vehicle gate and two access controlled pedestrian gates at the fourth level stairwell. The elevators will also have controlled access to the fifth floor level. Additional cameras would be purchased and linked to the existing video surveillance system used to monitor specific areas of the transit center. These steps are necessary to provide security to both employees and city owned assets and vehicles. DISCUSSION On December 16th, 2015, the City Council approved an appropriation for the construction of the security upgrades comprised of Federal Asset Forfeiture funds and authorized the Public Works Director to seek bids. A notice inviting bids for this project was advertised in the San Gabriel Examiner on December 171H, and 24th, 2015. In addition, the project was advertised in the Contrackor"s Green Sheet and the Daily Construction Service. On January 12th, 2015, one bid was received and cliecked for errors, and was determined to be valid. The following is a summary of the bid received. 1 M3 Services, Inc. I Los Angeles, CA 1 $149,944.72 The bid from M3 Services, Inc., of Los Angeles, CA is responsive. The original bid amount was for $284,806 however after modifications to the scope the City was able successfully negotiate cost down to meet budget. If awarded, the project construction will commence in early February 2016 and will be completed within eight weeks. LEGAL REVIEW None Required. ATTACHMENTS None. STAFF REPORT TO: Al HUS OF THE �� FROM: AN,GA RI'EL VALLEY ?441) JAN050' DATE: ITEM NO. <; Honorable Mayor and City Council Members Marc Castagnola, AICl', Con immiity � I ^ rclopinent Director Amy L. Harbin, AICP, City I'laim February 17, 2016 SUBJECT: Potential Municipal (Zoning) Code Amendment relating to Automobile Towing and Storage Facilities. SUMMARY A request for direction from the City Council regarding a Municipal (Zoning) Code amendment relating to automobile towing and storage facilities. FISCAL IMPACT There is no fiscal impact associated with providing direction on this item. RECOMMENDATION Staff recommends that the City Council provide direction to Staff regarding the potential Municipal (Zoning) Code amendment relating to automobile towing and storage facilities: 1) Move forward with a Municipal (Zoning) Code Amendment to allow automobile towing and storage facilities with the following development standards: (1) require a conditional use permit; (2) require a minimum distance between facilities of 3,000 feet; and (3) require a decorative perimeter block wall around the subject property; OR 2) Take no action. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. BACKGROUND In early 2005, the then City Council directed staff to prepare a moratorium prohibiting new automobile/trucking/storage facilities because of concerns that they could be counterproductive to improving the City's image. The Table below shows the timeline for the moratorium. TABLE #1 MORATORIUM TIMELINE AUTOMOBILE/TRUCKING/TERMINALS/STORAGE YARDS ....ORDINANCE # �_w.... ... ..... REQUEST.__.M�...�.._...... � DATE _.�........�....._.�mm Q..._ _ m �._.... w ... 1257 Urgency Ordinance to impose a moratorium on new April 20, 2005 .,,... m automobile/ trucking/terminals and storage yard businesses 1263 Extended the moratorium imposed by Ordinance 1257 June 1, 2005 ... ...�,...�,,,,, Extended the moratorium impose. �.....� ��., Ordinance - 1257 d by Ordinance 1257 a April 5 2006 second time. Ultimately, before the moratorium expired, the City Council adopted Ordinance 1300 on March 21, 2007 eliminating automobile/trucking storage facilities from the City's Municipal Code because the City Council at Potential Municipal (Zoning) Code Amendment February 17, 2015 the time felt the use was not consistent with the Council's vision to continue reshaping the City's image and improving the quality of life in Baldwin Park. DISCUSSION Since early 2015, in several City Council Study Sessions, there has been discussion about amending the City's Municipal (Zoning) Code to allow automobile/truck towing and storage uses, provided that development standards are included, which any new automobile towing and storage use would have to meet. As the City Councilmembers are aware, any Code amendment would impact all properties within that particular zoning designation. For example, the automobile towing and storage uses are permitted within the IC, Industrial Commercial Zone, which would encompass all IC, Industrial Commercial zoned properties, including those along the 1-10 Freeway and Arrow Highway. Should the City Council direct Planning Staff to move forward, specific development standards should be included. Below is a list of potential development standards relating to this use: TABLE #2 POTENTIAL DEVELOPMENT STANDARDS AND CONDITIONS OF APPROVAL – _ EVELOPMENT POTENTIAL D. RATIONALE STANDARDS .. .. m....._m_......_ Conditionals use permit required -which ....,. would City to craft specific conditions of This would allow thee craft also include conditions of approval which would approval specific for the use at its particular location. need to be met. Minimum distance standards from other Would discourage proliferation of this type of use within the proposed automobile towing and storage specific zoning designation. 3,000 feet between automobile facilities. 3,000 feet is recommended towing and storage facilities is consistent with recycling facilities. Perimeter walls around the property Would reduce potential impacts of automobile/truck towing and storage business on adjacent properties. POTENTIAL CONDITIONS OF APPROVAL FOR A CONDITIONAL USE RATIONALE PERMIT ._m....._........._ _____ . _ Minimum amount of landscaping along the Improves the aesthetics/visibility of the business from the public right of way and within the required public right-of-way. setbacks. Dependent upon the location of the facility, this type of Hours of Operation development standard would reduce the impact of the _ ....�_ � business upon adjacent properties. Repair work on vehicles at location conducted yp y upon adjacent Typically reduces noise and odor impactpupo within an enclosed buildin Dust/no s..,w .._ Dust/noise control properties ... Compliance with NPDES requirements Required pursuant to State/Federal Law ge of hazardous materials Outside sto...ra....,..� ._....�... ............._ � — _�. ..-..�.� .___ On going landscaping maintenance Improves visibility from the public right-of.way- CMmyVAMYWORD\Repods\Council Reporls%Aulo lowing antl slorage code amendment 2-2016.doc Potential Municipal (Zoning) Code Amendment February 17, 2015 Page 3 The proposed conditions of approval in Table #2 do not reflect an exhaustive list but a list of what the Planning Division generally includes in conditional use permits. Conditions of approval are customized to each separate project property and their surroundings. Existing automobile Towing and Storage Yard locations according to Business License: 1) Baldwin Auto Craft -14941 Ramona Blvd. 2) Royal Coaches Autobody and Towing -14825 Ramona Blvd. 3) Hadley Tow -12793 Garvey Ave. ALTERNATIVES Should the City Council direct staff to take no action, the current Municipal (Zoning) Code, any proposed automobile towing and storage facilities would not be permitted. CAAmytAMYWORMRepods\Council Repods{Auto towing and storage code amendment 2-201E,doc STAFF REPORT M SUMMARY TO: FROM: DATE: SUBJECT: ITEM NO. mu nb Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Director of Community Developniept \" �' February 17, 2016 CONSIDERATION OF A POTENTIAL PROPOSAL FOR SERVICES WITH THE KOSMONT COMPANY. A request for direction from the City Council regarding a proposal for "Kosmont Retail NOW!" advisory and implementation services. FISCAL IMPACT There is no fiscal impact associated with providing direction on this item. The Kosmont Company current proposal is approximately $55,000 which may be offset by future retail development growth. RECOMMENDATION Staff recommends that the City Council provide direction to staff regarding a proposal from the Kosmont Company relating to seeking assistance with retail -based economic development strategies as follows: 1. Hear the Kosmont Company presentation introducing the proposal for services; and, 2. Consider directing staff to finalize an agreement and scope of services with the Kosmont Company and direct the City Attorney to draft a contract to be brought back for City Council approval. BACKGROUND On January 21, 2016, during a study session before the City Council, the Kosmont Company introduced the company and the services they provide to local agencies. Specifically, the Kosmont Company is a financial and real estate company that brings together its real estate expertise to match retailers with commercial site opportunities. The Kosmont Company made a proposal to develop a retail -based economic development strategy that would include: • An analysis of demographics and economic data; • A market supply and demand analysis; and, • A retail strategy and implantation plan. LEGAL REVIEW No Legal Review is necessary at this time. ALTERNATIVES The City Council may decide not to pursue an agreement with the Kosmont Company ATTACHMENTS #1. Kosmont Proposal kos� its February 4, 2016 Mr. Shannon Yauchzee Chief Executive Officer City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Re: Proposal for Kosmont Retail NOWT® Advisory and Implementation Services Dear Mr. Yauchzee; Kosmont & Associates, Inc. doing business as Kosmont Companies ("Consultant" or "Kosmont") is pleased to present this proposal to the City of Baldwin Park ("City" or "Client") for Kosmont Retail NOW!® advisory and implementation services. This proposal serves as an agreement ("Agreement") when executed and returned by Client to Kosmont. I. BACKGROUND AND OBJECTIVE The City is currently seeking assistance with retail -based economic development strategies that would result in a tenant mix increasing fiscal revenues for the City, with particular emphasis on potential opportunity sites (e.g. LA Fitness site) ("Sites"). Services provided under the Kosmont Retail NOW!® platform encompass economic analysis, formulation of retail -based economic development strategies, and implementation of the preferred economic development strategy. As a firm focused on both strategy and project implementation, Kosmont is uniquely qualified to assist City in the implementation of targeted retail and economic development strategies. Kosmont Companies has been providing cities with real estate advisory services since 1986, including recent work in the nearby Cities of Duarte, Azusa, EI Monte, Alhambra and Paramount. Kosmont staff includes International Council of Shopping Centers (ICSC) Western Division Alliance Chair, Ken K. Hira, and other active industry leaders, which enables the firm to assist City in retail retention and recruitment efforts and related tasks. Kosmont's experience with non -redevelopment economic incentives and financing mechanisms empowers the firm to assist the City in promoting public-private transactions with active private sector constituents. 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph213.417.3300 N213.417.3311 www kosmont,com City of Baldwin Park Proposal for Services February 4, 2016 Page 2 of 31 II. SCOPE OF SERVICES Task 1: Project Kick -Off & Demographic/Economic Analysis Kosmont will conduct a kick-off meeting and tour of the Sites and other areas of the City with City Staff to initiate the assignment. The City will provide Kosmont with existing relevant project, property, and/or market data (e.g., ownership, zoning, previous market and projected housing analysis). Kosmont will prepare an Economic and Demographic Profile, illustrating existing and future projected trends in household and business social and economic characteristics, including population, incomes, race/ethnicity, housing preferences, educational attainment, unemployment, employment by industry, commute patterns, resident/ employee concentrations, and other metrics within standard geographic boundaries (e.g., City limits, various radii centered at opportunity site locations) as deemed relevant by Consultant. Task 1 analyses will be summarized in PowerPoint Presentation format. Task 2: Market Supply and Demand Analysis Kosmont will evaluate market demand within the Site area and City for major retail subcategories (e.g., restaurants, general merchandise, grocery, soft goods, etc.). The evaluation will include an analysis of retail sales leakage/surplus and retailer voids by retail category. Kosmont will evaluate existing commercial supply conditions, such as inventory, vacancy, lease rates, and existing retail offerings. Task 2 analyses will be summarized in PowerPoint Presentation format. Task 3: Retail Strategy and Implementation Plan ("Plan") Based on results of Task 1 and Task 2 analyses, Kosmont will prepare a Retail Strategy and Implementation Plan ("Plan"), which will characterize recommended retail attraction and retention strategies for the City. The Plan will highlight key retail opportunity sites/areas identified within the City, and corresponding strengths, challenges, and opportunities with regard to future retail development / redevelopment. The Plan will identify key retailers which can be targeted and outline strategies and outreach efforts for attraction. Kosmont will consider the ability of potential tenants to generate tax revenue for the city, create jobs, and fill "voids" identified during the evaluation. As relevant to property revitalization, Kosmont will identify possible funding sources, financing structures, and/or other economic development tools, such as, but not limited to, zoning strategies (e.g. specific plan with development opportunity reserve, or "DOR"), special districts (e.g., Enhanced Infrastructure Financing Districts, or "EIFD"), Property - Assessed Clean Energy ("PACE") Program, new legislation (e.g. Assembly Bill 2 — Community Revitalization and Investment Authorities), grants (e.g., Affordable Housing and Sustainable Communities Cap and Trade Funds), public (tax-exempt) or public/private (taxable/tax-exempt) bonds or notes, lease or lease/leaseback financing, site-specific tax revenue pledges, and/or EB -5 immigrant investment. The Task 3 Plan will be summarized in PowerPoint Presentation format. KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx 213,417,3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 3 of 31 Task 4: Economic Development Presentation Consultant will present a Summary PowerPoint Presentation characterizing Task 1 through Task 3 findings for discussion in an Economic Development Workshop or similar City Council forum / meeting as deemed appropriate by City and Consultant. Consultant will incorporate staff, Council, and/or other stakeholder feedback into revision of the Summary PowerPoint Presentation. Task 5: Initial Plan Implementation Kosmont will work collaboratively with the City and developer/owner of the Site on the initial implementation of the Plan identified and approved by the City pursuant to Task 4. Kosmont will assist in the initial recruitment of targeted retailers by conducting marketing outreach, preparing opportunity site marketing collateral, arranging property tours, attendance and representation at International Council of Shopping Centers ("ICSC") and/or other retail conferences, and/or other recruiting and project development activities as may be appropriate to solicit interest in the Site and City. Kosmont will perform outreach to other existing property owners, as appropriate. Potential Future Services Task 5 is not meant to represent comprehensive implementation of the Plan, but rather the initiation of implementation efforts referenced above. Kosmont will be available to assist in the further implementation of the Plan, such as further retail / business / hotel / industrial / developer recruitment efforts, pro forma review and financial feasibility evaluation, fiscal impact and economic benefit analysis, additional market and economic analysis, public-private transaction structuring and negotiations, special district formation (e.g., EIFD, CRIA), and/or other tasks as directed by Client, time and budget for which will be outlined at the appropriate time in a follow-on scope to be approved by Client in advance. If the City so desires or has a need for financial advisory transaction -based services and/or brokerage services, Consultant would be able to provide those services via one of our integrated firms, either by Kosmont Transactions Services or Kosmont Realty Corporation (see disclaimer). III. SCHEDULE AND REQUIRED DATA Consultant is prepared to commence work as soon as authorized by Client. Client will provide Consultant with existing relevant project, property, and/or market data (e.g., ownership, zoning, previous market and housing analysis). Delivery of a draft Summary PowerPoint Presentation is estimated within eight (8) to twelve (12) weeks from assignment authorization. KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 f)<213,417,3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 4 of 31 Additional time and budget may be necessary for the further implementation of the Plan as directed by Client, which will be outlined at the appropriate time in a follow-on scope to be approved by Client in advance. IV. COMPENSATION The compensation for Tasks 1 through 5 is estimated below for professional services (hourly) fees at Consultant's billing rates as shown on Attachment A. Task Estimated Budget -__ 1. Project Kick -Off & Demographic/Economic Analysis $12,500 2. Market Supply and Demand Analysis 1 $12,500 r 3. Retail Strategy and Implementation Plan ("Plan") $10,500 4. Economic Development Workshop $ 4,500 5. Initial Plan Implementation $10,000 Estimated ............ ....m. _______. ---- .................-. - _...... ........ ............. ................... Total Scope $50,000 Task budgets may be re -allocated between tasks as deemed appropriate by Consultant in order to adequately provide services to City. Future increases in budget will require approval by Client in advance. Budget may be increased by Client request at any time. Services will be invoiced monthly at Consultant's standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for out-of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at Kosmont's normal mileage reimbursement rate of 54 cents per mile), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out -of -area travel, if any, requires advance funding of flights and hotel accommodations. Consultant will also include in each invoice an administrative services fee to cover in- house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum. Consultant is prepared to commence work upon receipt of executed Agreement. DISCLOSURE: Kosmont Transactions Services "KTS" arirl Kosmont Realty Cor oration "�'KRC" : Com ersatlon for ossible future transaction -based services or brokerage services. KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont,com City of Baldwin Park Proposal for Services February 4, 2016 Page 5 of 31 The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation formats for such services. This disclosure is not intended to commit the Client. When public agency assignments involve real estate/property brokerage or public financing transactions on behalf of the public agency, such transaction based services are typically provided by Kosmont Transactions Services ("KTS") or Kosmont Realty Corporation ("KRC"). KRC is currently registered with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board as a Municipal Advisor. KRC is licensed by the CA Bureau of Real Estate (License #01770428) and is certified as a Minority Business Enterprise (MBE). KRC is also registered as doing business as KTS. KTS provides transactional Financial Advisory Services and compensation is typically for financial advisory/loan broker services. KRC provides Brokerage Services and compensation is typically for brokerage commissions such as property and lease transactions and/or success/broker fees. KRC also provides Broker Opinions of Value (BOV) services on a fixed fee basis. V. OTHER PROVISIONS A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full. B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge. The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non -appealable and may be entered in any court having jurisdiction. C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 wwwkosmont corn City of Baldwin Park Proposal for Services February 4, 2016 Page 6 of 31 action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered. D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement. E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement. F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party. G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement. I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law. J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph. KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 7 of 31 K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein. L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement. M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law. N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature. O. Disclaimer. Consultant's financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client's reliance on Consultant's analysis must consider the foregoing. Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client's understanding and by execution of this Agreement, acknowledgement that Consultant's services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant. Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement. P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client. Q. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire. R. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont com City of Baldwin Park Proposal for Services February 4, 2016 Page 8 of 31 legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice. VI. ACCEPTANCE AND AUTHORIZATION If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement. Read, understood, and agreed to this Day of 2016 City of Baldwin Park, California By: (Signature) Name: (Print Name) Its: (Title) Kosmont & Associates, Inc. doing business as "Kosmont Companies" By: (Signature) Name: Larry J. Kosmont, CRE Its: President & CEO KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 9 of 31 ATTACHMENT A Kosmont Companies 2016 Public Agency Fee Schedule Professional Services President & CEO $305.00/hour Executive Vice President $290.00/hour Partner/Senior Vice President/Senior Consultant $275.00/hour Vice President/Associate $195.00/hour Project Analyst/Project Research $165.00/hour Assistant Project Analyst/Assistant Project Manager $125.00/hour GIS Mapping/Graphics Service $ 95.00/hour Clerical Support $ 60.00/hour � In addition to professional services (labor fees): 1) An administrative fee for in-house copy, fax, phone and postage costs will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) If Kosmont retains Third Party Vendor(s) for Client (with Client's advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 4) Consultant's attendance or participation at any public meeting requested by Client will be billed at the professional services (hourly) fees as shown on this Attachment A. 0 Chare es for CourtllJe ositionJEx ert Uitness-Related A ,earances Court -related (non -preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4 -hour minimum. Rates shall remain in effect until December 31, 2016 KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 10 of 31 ,, ii ,////i //-,✓i// / i ,1/ HIV1/ PROPOSAL FOR SERVICES TACKLE OF CONTENTS, _ _ � _.� � .A..�.. 1 MEET THE TEAM ...................... ............"..", . ,............M..... 11 KOSMONT RETAIL NOW!® QUALIFICATIONS ............. ...",.,,,..15 RELEVANT PROJECT EXPERIENCE ....................... mm 1 REFERENCES AND TESTIMONIAL LETTERS ,,.�. 26 KOSMONT RETAIL NOW!® FLYER--.....---...- ............ ..... ..... 32 KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fix 213417.3311 www kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 11 of 31 Our Team brings a well-rounded, seasoned group of professionals with an exemplary skillset and the expertise to deliver the requested services. Our Team's unique and wide—array of experience and qualifications will provide the knowledge, guidance, and execution of those services necessary to assist the City in achieving their desired results. The Project Lead for this assignment will be Kosmont's Senior Vice President, Mr. Kenneth K. Hira. Mr. Hira will be the City's primary contact and will be supported by Project Principal Advisor, Mr. Larry J. Kosmont along with various team members providing project support as listed below. Duties will be allocated between tasks and personnel categories as deemed appropriate by the Project Lead in order to adequately provide services to the Client. KEY TEAM MEMBERS PROJECT LEAD Mr. Kenneth K. Hira serves as Senior Vice President for Kosmont Companies. An expert in retail development and strategies for retail attraction, Mr. Hira has over 25 years of varied experience in virtually every aspect of real estate financing, downtown revitalization, acquisition, entitlement, development, asset management and disposition. Mr. Hira's expertise is in identifying retail tenants and negotiating retail and mixed-use projects that can revitalize communities and assist in economic development/tax generation programs. A former Executive Vice President of the Irvine -based mixed-use developer, Pacific Century Commercial, Mr. Hira managed a portfolio of over $100 million of retail sites, while operating the commercial division of the company. Prior to this, as a Managing Director of Acquisitions for Westrust and a Vice President of Development at Lewis Retail Centers, he evaluated and underwrote hundreds of acres of land, successfully captured and negotiated anchor tenant commitments creating $60 million of value in ground -up development and redevelopment, and was responsible for 800,000 square feet of retail entitlement, design and development. As Vice President of GMS Realty, Mr. Hira entitled one million square feet of retail development projects, as well as led the acquisition of 24 neighborhood and community shopping centers, totaling 3.3 million square feet and valued at $375 million, and organized a $287 million recapitalization. KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417,3311 www.kosmont com City of Baldwin Park Proposal for Services February 4, 2016 Page 12 of 31 Mr. Hira holds a Bachelor degree in Economics and Business from UCLA, and is an active volunteer leader of the International Council of Shopping Centers. He serves as the ICSC Western Division Alliance Private Sector Chair, advocating public-private partnerships, while previously serving as the ICSC Southern California State Director, Program Committee Chair and Alliance Co -Chair,. Mr. Hira is a registered Municipal Advisor with the U.S. Securities and Exchange Commission (SEC). PROJECT PRINCIPAL ADVISOR Mr. Larry J. Kosmont, CRE®, is the President and CEO of I Kosmont Companies, which he founded in 1986. Kosmont Companies is an industry leader in public/private real estate transactions, economic development and public finance. In 2009, he created the Kosmont Muni Horizons FundTM which sources private financing for public projects, P3 initiatives, infrastructure funding and economic development. Mr. Kosmont is also Managing Partner of Renaissance Community Fund, which invests and develops mixed use, residential and commercial projects throughout California, and a Principal of California Golden Fund, an approved EB -5 Regional Center. Mr. Kosmont's 38 -year career encompasses public/private financial structuring and negotiations, development, and management of real estate and public finance transactions exceeding $12 billion. He has an extensive track record as a public/private real estate consultant and public finance advisor. Mr. Kosmont has assisted hundreds of local government agencies in public finance and real estate matters ranging from large-scale economic development programs to site- specific real estate strategies and projects. He has guided over 1,000 private sector projects in obtaining public approvals, structuring deal terms, and securing public/private financing. Mr. Kosmont served as Interim City Administrator for the City of Montebello, CA from May 2011 to March 2012 as part of a financial turnaround assignment awarded to Kosmont Companies. From 1975 to 1986, Mr. Kosmont served in the roles of City Manager, Director of Community Development, and Redevelopment Director in the cities of Santa Monica, Seal Beach, Bell Gardens, and Burbank. Mr. Kosmont is a registered Municipal Advisor with the U.S. Securities and Exchange Commission, a licensed real estate broker in California, a designated Counselor of Real Estate, CRE®, and has served on: KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 13 of 31 • MWD Board (represented City of Los Angeles) • State Commissioner - California Economic Development Commission • USC Lusk Center for Real Estate — Board of Directors • Los Angeles City Commissioner - Industrial Development Authority • California Redevelopment Association (CRA) Board • California Association of Local Economic Development (CALED) • City of Hawthorne Redevelopment Oversight Board Mr. Kosmont holds a Masters of Public Administration Degree from the University of Southern California and a B.A. in Political Science from the State University of New York — Binghamton. SENIOR PROJECT ANALYST Mr. Joseph Dieguez is a Vice President with Kosmont Companies serving public and private sector clients primarily through market and economic analyses, strategic planning, and real estate development advisory. Joseph's recent work includes market supply and demand analysis, fiscal impact and economic benefit studies, financial feasibility and development pro forma evaluation, and property reuse strategies for municipalities, real estate investment and development firms, and multiple Fortune 500 clients. Prior to joining Kosmont Companies, Joseph served as a senior analyst at a real estate investment and development firm and as an analyst at a top management consulting firm, responsible for industry, market, portfolio and property -level analysis, negotiations, and transaction execution support for investment banks, private equity firms, and other financial institution clients. Joseph was previously an assistant project manager at a construction management firm, where he assisted with RFQ/P development and project implementation. Joseph graduated with a Bachelors of Science degree in Mechanical Engineering from the Massachusetts Institute of Technology and is a Real Estate Salesperson licensed by the State of California Bureau of Real Estate. KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 14 of 31 PROJECT ANALYST Mr. Archie Davenport, Vice President with Kosmont Companies, focuses on real estate, financial analysis, economic research, land use, market analysis and various marketing strategies. Prior to joining Kosmont, Mr. Davenport consulted with various cities, water districts, school districts and regional municipal organizations on matters of project feasibility studies, economic/demographic modeling as well as community outreach. His political campaign career has focused organizing and protecting local agencies from unfavorable legislation and ballot measures. Mr. Davenport previously worked in business development and as a project analyst for a real estate investment, development and brokerage firm. Mr. Davenport holds a bachelor's degree in Integrated Economics and Political Science from the University of California at Berkeley. He served as board member for Cal State L.A. Federal Credit Union and is active in the rehabilitation of communities in North East Los Angeles. KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213,417.3311 www.kosmont,com City of Baldwin Park Proposal for Services February 4, 2016 Page 15 of 31 Kosmont Retail NOW!° is the core resource and tool in a public agency's arsenal to attract and expand retail in the community. Proper evaluation of retail opportunities through development or attraction / leasing strategies doesn't require an overpriced study leaving a public agency with a shelf report and a dated list of possible retailers to call on. Shopping is fundamentally different today and the shelf lives of retail concepts are shorter than ever. An adaptable strategy, not a "study" is what is needed to thrive. Kosmont Retail NOW!® is a "working" strategy that is dynamic, adaptable and comprehensive. It puts forward a proactive retail strategy which identifies existing conditions, sets a path, targets tenants and produces results from analysis to strategy through to implementation. Today's trends in the evolution of retail include value, entertainment, and partnerships, and "place" is then new anchor. From our many years as public sector real estate advisors and with hands on private sector experience, Kosmont Companies understands the need for successful retail and city sales tax revenues. Our team offers in-depth research, real world expertise, and long term relationships needed to bring viable retail to a community and to make retail part of a greater economic development strategy. RETAIL SERVICES: Kosmont Retail NOW!® projects typically consist of the three steps: Step 1 - Analyze: Market Analysis & Community Assessment Step 2 - §trate+ize: Vision & Strategy Step 3 - _Implement Plan Implementation Market Analysis and Community Assessment: Successful retail today requires that both public agencies and private developers have a current snapshot of market forces that define the greater region and the specific trade area in which they intend to develop. Our real estate advisors and project analysts produce an accurate assessment of a project's relevant geography by defining retail trade areas; completing a void analysis; collecting, segmenting and synthesizing demographic data; analyzing trends affecting the region; and gathering market intelligence. Kosmont Companies offers comprehensive market and community assessment informed by more than two decades of responsible public and private sector consulting. KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 16 of 31 Vision and Strategy: Building on decades of successful advisory service to the public and private sectors, Kosmont Companies is among the most innovative and capable companies in California when it comes to creating a strategy geared towards designing and implementing a retail vision on a district or citywide scale. Kosmont understands that clients do not need an overwrought retail study to stick on the shelf; we believe that the most valuable retail attraction tools are those that are timely, efficient, and reflect cutting edge market knowledge. Kosmont ensures effective retail strategies through the targeting of "best fit" ideal retailers, branding and marketing the project, attracting and approaching retailers, carrying out community, economic and retail development, and creating pubic -private partnership strategies. Plan Implementation: Kosmont Companies has assisted hundreds of public agencies in their quest to retain jobs, attract and retain business, structure zoning, draft General Plan elements, draft Specific Plans and structure tax and incentive plans that target meaningful private retail investment and create places of value within communities. Kosmont strategically executes retail plans using our deep bench of industry experts who have years of experience executing business plans, marketing locally and regionally, utilizing real life relationships to create meaningful change, and meeting with and making deals with retailers. KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 273.417.3300 fx 213,417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 17 of 31 CITY OF SOUTH GATE "AZALEA" RETAIL CENTER — KOSMONT RETAIL NOW!° Serving in the capacity of real estate, economic development & financial advisor, Kosmont entities have been retained by the City of South Gate, California, since 2003, working on various projects and initiatives: azalea continues to perform above expectations generating over $2.6 million per year to the City's general fund. The project is currently over 95% leased and attracted over 35 desirable national retailers, which has significantly reduced retail leakage and expanded the local tax base. Major tenants include Walmart, KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 18 of 31 Forever 21, Skechers, Wet Seal, TJ Maxx, Ross Dress 4 Less, CVS, Marshalls and ULTA. Restaurants include Blaze Pizza, Habit Burger, TGI Fridays, Chipotle, Yogurtland and In -N -Out Burger. azalea is located in the most dense section of LA County, in the predominantly Latino populated City of South Gate. It was negotiated during a recessionary cycle with a 16% local unemployment rate and a significant general fund deficit. To counteract these conditions azalea deployed a city "negotiated" local hiring job training and apprenticeship program that created over 600 permanent local jobs. Other unique azalea features include a 1.5 -acre public plaza, community center with special event programming, complimentary Wi-Fi, sustainable construction, and the largest west coast `living walls' installation. MACERICH PROPERTY MANAGEMENT COMPANY MALL OF VICTOR VALLEY AND KOSMONT RETAIL NOW!° Kosmont was retained by Macerich to provide real estate advisory services related to its Mall of Victor Valley. The Mall had a vacant Gottschalks department store and a temporarily filled vacant Mervyn's building. The City of Victorville, where the approx. 550,000 square feet Mall is located, was facing declining sales tax revenues as a result of the underperforming retail space. Kosmont assisted Macerich in the evaluation of a public-private partnership with the City of Victorville and the exploration of government financing solutions for this potentially distressed asset. Kosmont evaluated and negotiated a "win-win" public-private transaction that allowed major retailer attraction/retention for Macerich, sales tax preservation for the City, and job generation for the community. A Site Specific Tax Revenue (SSTR) sharing arrangement was employed as part of a Development Agreement between Macerich and the City. As a result, a new Macy's department store and Dick's Sporting Goods was introduced, an existing JCPenney was relocated into a larger space, exterior mall improvements were implemented, and the regional mall was revitalized as an economic driver for the region. KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 19 of 31 After developing the Asset Management Plan, Kosmont implemented a series of policies and transactions for the management and redevelopment of the leaseholds on the 150 acres that comprise the Redondo Beach Pier and surrounding waterfront district, as well as strategies for encouraging business investment and optimum use and tenant mixes to achieve revitalization goals. These transactions included two property acquisitions financed by two lease - leaseback financing structures totaling approximately $11 million (^-105% financing with positive cash flow). In 2012, Kosmont also facilitated an RFQ process to identify a potential master developer for a number of area properties. In 2009 and as a direct result of this work, Kosmont and the City completed negotiations for the Shade Hotel (Zislis Group); this is a proposed luxury boutique hospitality facility on land owned by the City pursuant to a ground lease. Kosmont continues to work with the City to implement the recommendations of the Asset Management Plan, and in 2012 executed two transactions utilizing lease -leaseback financing structures totaling approximately $11 million (^105% financing and positive cash flow) and two property acquisitions totaling approximately $10.5 million (as follows). Waterfront Revitalization: Kosmont also assisted the City in an overall revitalization of the City's downtown waterfront. Aspects of the revitalization program include 1) meetings with retail developers; 2) selection of a developer for key waterfront sites; 3) evaluation and analysis of the City's waterfront retail market; and 4) solicitation of retailers and developers through KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213,417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 20 of 31 marketing opportunity sites at events hosted by the International Council of Shopping Centers (ICSC). Pier Plaza: Kosmont served as the City's broker for the acquisition of International Boardwalk as part of Revitalization Plan of Pier and Waterfront area. Acquisition is core to City's economic development strategy of aggregating leaseholds to lead to broad revitalization on the waterfront. Kosmont also structured and closed $8.3 Million in Lease -Leaseback financing for the City's acquisition of Pier Plaza. Terms provide 105% financing and positive cash flow. International Boardwalk: Kosmont served as the City's broker for the acquisition of International Boardwalk as part of Revitalization Plan of Pier and Waterfront area. Acquisition is core to City's economic development strategy of aggregating leaseholds to lead to broad revitalization on the waterfront. Kosmont also structured and closed Lease -leaseback 104% financing of $2.7 Million. Marine Avenue Hotels (TOD): In 2012, Kosmont worked with the City and Developer to identify funding sources and negotiate a Lease -Leaseback structure to fund the development of two (2) hotels (Hilton Garden Inn and Marriott Courtyard) within the City. Kosmont used a pledge of future city tax revenues to provide the financing to make the 319 -room project feasible for the developer and the City. The two hotels are now open for business. In 2013, Kosmont assisted the City in negotiations with the developer to include a third hotel within the structure. The third hotel began construction in 2014. Upon stabilization, this project is expected to generate approximately $3 million annually in hotel taxes for the City. CITY OF BUELLTON ECONOMIC DEVELOPMENT SERVICES, MARKET KOSMONT RETAIL NOW!° Kosmont Companies (Kosmont) was retained by the City of Buellton in response to a Request for Proposals (RFP) for the preparation of a Market & Economic Analysis and Economic Development Implementation Plan (Plan). Kosmont was later additionally retained for the initial implementation of the Plan, including recruitment of targeted retailers/developers (e.g. Chipotle) for identified development opportunity sites within the City. ANALYSIS, AND KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 21 of 31 Kosmont collaborated closely with the Buellton Visitors Bureau/Chamber of Commerce (also a client) to identify development opportunity sites, prepare marketing flyers, solicit retailer interest and conduct developer outreach at ICSC conferences in Monterey, San Diego, and Las Vegas between 2013 and 2015. Kosmont is collaborating with the City on a planning team to implement a Specific Plan and utilize an Economic Development tool known as a Development Opportunity Reserve to induce private investment into the Avenue of the Flags Downtown District. KOSMONT RETAIL NOW!° BUSINESS EXPANSION AND RECRUITMENT PROGRAM The City of Jurupa Valley retained Kosmont Companies for Kosmont Retail NOW!® services, including the preparation of a citywide Business Expansion and Recruitment Program to improve business tenant mix within in the City and bolster employment and fiscal revenue generation for the City. Kosmont collaborated with City staff and councilmembers on the initial implementation of the Plan. CITY OF SCOTTS VALLEY KOSMONT RETAIL NOW!° MARKET ANALYSIS & HOTEL DEVELOPER NEGOTIATIONS The City of Scotts Valley sought a consultant to assist and advise on strategies to revitalize the City's existing Town Center. Kosmont conducted site-specific demographic and retailer void analysis as well as retailer recruitment and developer attraction. Kosmont was separately retained by the City for hotel developer negotiations and transaction structuring, including a potential CDBG grant, fee deferrals, and site-specific TOT financing structures between developer and City. KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213 417.3311 www.kosmont corn City of Baldwin Park Proposal for Services February 4, 2016 Page 22 of 31 KOSMONT RETAIL NOW!° MARKET ANALYSIS, DEVELOPER OUTREACH, AND TENANT RECRUITMENT Kosmont was retained by the City of Ridgecrest for Kosmont Retail NOW!® services, including the preparation of a Retail Sector Action Plan, developer outreach and solicitation, and tenant [ Kosmont Companies testimonial from the City of Ridgecrest shown in the References section ] CITY OF PARAMOUNT KOSMONT RETAIL NOW!° The City of Paramount retained Kosmont Companies to carry out Kosmont Retail NOWP market assessment and attraction advisory services, including economic and demographic analyses and the preparation and initial implementation of a retail recruitment plan. Following completion of these services, the City requested that Kosmont provide assistance to the City for the continued implementation of the retail plan. [ Kosmont Companies testimonial from the City of Paramount shown in the References section ] KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx 213,417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 23 of 31 UPTOWN BUSINESS DISTRICT REVITALIZATION AND KOSMONT RETAIL NOW!® The Uptown Business District is an area in which the City of Yucaipa sought assistance or economic development initiatives focusec primarily on retail opportunity sites anc strategies that would result in an improvec tenant mix within uptown and increasec revenues for the City. The area is defined by Acacia Ave to the north, Avenue D to the south; 2nd street as the western boundary, and Bryani Street as the eastern boundary. One targetec opportunity site is located at the northwest California Street. corner of Yucaipa Boulevard and The client sought Kosmont's retail expertise in requesting Kosmont's Retail NOW!® strategies (demographic and economic analyses, formulation of retail -based economic development strategies, and implementation of the preferred economic development strategy) along with a residential and market analysis of the region. Kosmont prepared a Kosmont Retail NOW!® and Residential Market Analysis for the city of Yucaipa detailing their findings and recommendations. Kosmont's findings demonstrate that Yucaipa is experiencing retail leakage in the community due to relatively low per capita retail sales as well as a relatively small amount of taxable retail sales. Kosmont then identified target sites and provided recommendations for their redevelopment. CITY OF STANTON REAL ESTATE & RETAIL SERVICES AND KOSMONT RETAIL NOW!° Kosmont was selected by the City of Stanton to assist with real estate and economic development strategies and an Implementation Plan. Kosmont evaluated existing conditions in the local economy and provided a retail market survey, identified specific economic development opportunities and marketed to businesses, built community and stakeholder support, identified incentives for LJ attraction and retention, and developed criteria to assess the future economic development function and fiscal impact. Kosmont is currently assisting the City on major retailer expansion and post - redevelopment dissolution asset strategy and property disposition. KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 24 of 31 ADDITIONAL SAMPLES OF KOSMONT RETAIL NOW!° ASSIGNMENTS INCLUDE: City of Duarte: Retail market evaluation including recruitment of national credit restaurant retailer; introduction and negotiations with developer for mixed use redevelopment project. City of Eastvale: Market evaluation and financial feasibility component of Specific Plan including retail demand metrics. Targeted retailer/developer outreach and solicitation at International Council of Shopping Centers Real Estate Convention. Fresno County Friant Corridor: Preparation of demographic and market study for targeted retail and recreational uses. City of South Pasadena: Developer negotiations on mixed-use redevelopment project. City of Chino Hills: Assistance to owner of Shoppes at Chino Hills (private sector client) with future phase development strategy with City. 10 City of Hanford: Preparation of Downtown East Market Study for incorporation into Downtown East Precise Plan, including demographic and economic analysis, retailer void assessment, retail sales/leakage analysis, future retail development feasibility evaluation, and preparation and initial implementation of retail development strategies. Later separately retained for updated market analysis in connection with City General Plan update. City of Huntington Park: Developed economic development strategic plan and marketing plan to help maximize the city's future economic potential. City of Laguna Hills: Evaluation of potential revitalization of Laguna Hills Mall, including evaluation of trade area and existing retail conditions, retailer voids, retail sales surplus/leakage, and future development feasibility. Kilroy Realty: Updating Retail Market and Urban Decay Analysis and Net Fiscal Impact Analysis for One Santa Fe Project in San Diego. City of Manhattan Beach: Village Shopping Center redevelopment analysis and exploration of potential public-private transaction with owner/developer. City of Montebello: Project planning and programming, development agreement negotiation, sales tax sharing agreement and marketing and solicitation of anchor tenant interest in retail component of planned residential community. City of Pico Rivera: Site-specific demographic and retailer void analysis and retailer recruitment. KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 25 of 31 • City of Placentia: Assistance with downtown retail redevelopment and Sierra Vista retail attraction. • City of Redlands: Retail attraction strategies for potential mall redevelopment. • City of La Mirada: Retail market study/analysis. 0 City of Bellflower: Retail market study/analysis. 16 City of Walnut: City, trade area, and opportunity site-specific demographic and economic analysis, retailer void assessment, retail sales/leakage analysis, and preparation and initial implementation of Economic Development Action Plan. KOSMONT COMPANIES 865 South Figueroa Street 351h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213,417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 26 of 31 TESTIMONIAL: "Kosmont delivers an array of technical and deal making skills that public agencies cannot develop in-house. Their ability to understand economic development projects from the city, developer and financier perspectives has delivered tremendously successful results for Redondo Beach. " Peter Grant, City Manager, City of Cypress (Former Asst. City Manager, City of Citv of Redondo Beach: 415 Diamond Street, Redondo Beach, CA 90277 Peter Grant, Former Assistant City Manager (Current City Manager of Cypress) Cell: (714) 335-1685 1 Email: pg rant@ci.cypress. ca. us City_of South Gate_: 8650 California Avenue, South Gate, CA 90280 Steve Lefever, Director of Community Development Phone: (323) 563-9566 1 Cell: (323) 228-9217 1 Email: slefever@sogate.org City of Buellton. 107 West Highway 246 (P.O. Box 1819) Buellton, CA 93427 Marc Bierdzinski, City Manager/Planning Director Phone: (805) 686-0137 1 Email: marcb@cityofbuellton.com Cit- of Rid' ecrest: 100 West California Avenue, Ridgecrest, CA 93555 Gary M. Parsons, Economic Development manager Phone: (760) 499-5061 1 Email: gparsons@ci.ridgecrest.ca.us Cit of Paramount; 16400 California Avenue, Paramount, CA 91340 John Moreno, Assistant City Manager Phone: (562) 220-2027 1 Email: JMoreno@paramountcity.com City of Jud°uta Valley: 8930 Limonite Avenue, Jurupa Valley, CA 92509 Gary Thompson, City Manager Phone: (951) 332-6464 1 Email: gthompson@jurupavalley.org City of Azusa (formerly City of Placentia, Troy L. Butzlaff, City Manager (Former Placentia City Administrator) Phone: (626) 812-5238 1 Cell: (714) 745-5615 1 tbutzlaff@ci.azusa.ca.us Cit of Stanton: 7800 Katella Avenue, Stanton, CA 90680 Omar Dadabhoy, Community Development Director Phone: (714) 379-9222 x 213 1 Email: odadabhoy@ci.stanton.ca.us [ See additional Testimonials on the following pages ] KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 27 of 31 KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 273.477.3300 fx 213.417.3311 www.kosmont.com .ba Page 28 of CITY iCALIFORNIA ,�. 100 West Californiar , VPhone rl 499-5061 60) 499-150 November 4, 2014 To whom It may concern I am pleased to be able to recommend Kosmont Associates as the CI of Ridgecrest's Retail Economic Development has become a highly valued part of the city's economic development team. This firm has been highly professional In Its efforts for the city and has bee 7117 « phases of your efforts to bring retail to your community. �'Irw el`r Gary M. Parsons Economic Development Manager City of Ridgecrest 1 KOSMONT COMPANIES 865 South Figueroa Street Vh Floor Los Angeles CA 90017 ph 213.417.3300 N213417,3311 www.kosmont.com s.• I III WfVj#j#"""m"'.4 FZo rua Page 26 of (�IJQt DANIE1 5 DOW J MA VT 11, E Z DARYIJRAY,?EYER FEGOYOWONS Assistant Qy Manager (562) 220-2022 January 7, 2014 To Whom It May Concern: 10A lilt, Ml melerva"TA,11771L ^A&e1Tuj-r#1-L a d Oversight Board approval of the Long -Range Property Manag- f f dated by Assembly Bill 1484, Kosmont's expertise and guidance has enabled us to navigate the unprecedented and constantly -evolving redevelopment dissolution process. On a personal note, I have enjoyed working with Ken Hira and Joseph Dieguez their word. They know how local government works and were flexible when producing the agreed upon scope of work. Should you have further questions regarding my experience in using Kosmont Companies, please so not hesitate to contact me at (562) 220-2022. CITY OF PARAMOUNT jfmh n Moreno Assistant City Manager (71 90,'2' '5012'Hk 5622)0-2000'folv 562�6110-673,1 KOSMONT COMPANIES 865 South Figueroa Street 35"' Floor Los Angeles CA 90017 ph 213.417.3300 N213.417.3311 www,kosmontcom City of Baldwin Park Proposal for Services February 4, 2016 Page 30 of 31 I'M zg�1 1 I am pleased to write this letter of recommendation for Kosmont Companies. 'Me City of Buellton engaged Kosmont Companies as a consultant to provide economic development advisory services including demographic and trade area analyses, retailer and developer '*N&WAh& . . � ?W ' &,At aimb Q — iW T MO.7T Tr or 01c uuj, MITFIN Mil"Mrs; ATTZ romm.Li 71INTO M177771ITTIMits; t1§17,ptu 17715-UPF12i M I DO' City of Buellton thanks in part to their expertise and ongoing efforts, We appreciate their hands on approach and in person interaction with staff, City Council, Chamber of Commerce, and memR' rs of the business community, The City and business community have enjoyedworking with Ken Hira and Joseph e Diguez. l3oth are very knowledgeable in their field and give us honest answers and advice, Although we -W wvm their contract requirements to support economic development in the City of Buellton, I would be pleased to recommend Kosmont Companies to any prospective client seeking to use their services, I can be reached at 805-688-5177 or T i w v ci yq1tw0tonx Sincerely, Marc P. Bierdzinski City Manager KOSMONT COMPANIES 865 South Figueroa Street 35th Floor Los Angeles CA 90017 ph 213.417.3300 fx2l3,417.3311 www.kosmont.com City of Baldwin Park Proposal for Services February 4, 2016 Page 31 of 31 June 21, 2012 To Whom It May Concern: Re: Letter Recommendation for Kosmont Associates I am pleased to write this letter of recommendation for Kosmont Associates. The City of Placentia retained Kosmont Associates several ;years ago to provide professional consulting and financial advisory services on a number of projects related to the planned Metrolink Station in the City's downtown area, As part of their engagement, KosrTnont has assisted the City in developing arr overall downtown strategy, as well as provide a host of services Including prpjIect rnanagemont, planning and financial analysis on a multi-level parking structure that, is currently being planned to serve the new Metrolink Station and adjacent downtown area. In addition to their work on the Metrolink Station and parking structure, Kosmont's team has been pursuing potential public-private transactions by developing both a strategy and the necessary financial structures to realize a transit -oriented retaO development that will ultimately recast the feel of our downtown. The City hopes to use this strategy to find a development partner willing to work on future development projects with the City. On a personal note,, i have enjoyed my working relationship with tarry Ko mora and Ken Mira and have found both to be exceptionally professional and very ethical in their approach to things. Ken and tarry bring a high-level of knowledge and expertise of the private equity rnarket and real estate to tate table haat in my view gives the City a competitive edge when dealing with developers. Finally, both Larry and Ken understand their role as consultants and never exceed their authority or go beyond the limits of their engagement with the City. It is with great pleasure that I wholeheartedly endorse Kosmont Associates to other public agencies in need of professional consulting from project n^ianagement financial analysis avid real estate advisory services. 'they know how government works and understand how to achieve your desired results. Should you have any questions regarding my experience in using Kosmont Associates, please feel free to contact me at (714) 993-8118. Sincerely„ 9J Ad/gin93_8118 L. Butzlaff M �l�tntxiaffctp?aprer��a.sar�rt KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com The People are the City Mayora a City Clark: JEREMY a. YA GUCHI PATRICK J. ELIA mayor Pro Terra City Treasurer. CHAD P. wANKE CRAIG S. GREEN counClimembers: CityAdministretor JOSEPH V. AGUIRRE TROY L. HUTZLAFF, IC -CPA SCOTT w. NELSON CONSTANCE M. UNDERHILL 401 East Chapman Avenue — Placanda, California 92870 June 21, 2012 To Whom It May Concern: Re: Letter Recommendation for Kosmont Associates I am pleased to write this letter of recommendation for Kosmont Associates. The City of Placentia retained Kosmont Associates several ;years ago to provide professional consulting and financial advisory services on a number of projects related to the planned Metrolink Station in the City's downtown area, As part of their engagement, KosrTnont has assisted the City in developing arr overall downtown strategy, as well as provide a host of services Including prpjIect rnanagemont, planning and financial analysis on a multi-level parking structure that, is currently being planned to serve the new Metrolink Station and adjacent downtown area. In addition to their work on the Metrolink Station and parking structure, Kosmont's team has been pursuing potential public-private transactions by developing both a strategy and the necessary financial structures to realize a transit -oriented retaO development that will ultimately recast the feel of our downtown. The City hopes to use this strategy to find a development partner willing to work on future development projects with the City. On a personal note,, i have enjoyed my working relationship with tarry Ko mora and Ken Mira and have found both to be exceptionally professional and very ethical in their approach to things. Ken and tarry bring a high-level of knowledge and expertise of the private equity rnarket and real estate to tate table haat in my view gives the City a competitive edge when dealing with developers. Finally, both Larry and Ken understand their role as consultants and never exceed their authority or go beyond the limits of their engagement with the City. It is with great pleasure that I wholeheartedly endorse Kosmont Associates to other public agencies in need of professional consulting from project n^ianagement financial analysis avid real estate advisory services. 'they know how government works and understand how to achieve your desired results. Should you have any questions regarding my experience in using Kosmont Associates, please feel free to contact me at (714) 993-8118. Sincerely„ 9J Ad/gin93_8118 L. Butzlaff M �l�tntxiaffctp?aprer��a.sar�rt KOSMONT COMPANIES 865 South Figueroa Street 35'h Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 www.kosmont.com ITEM NO. / Ll STAFF REPORT SUMMARY TO: Honorable Mayor and Council FROM: Shannon Yauchzee, Chief Executive Officer DATE: February 17, 2016 SUBJECT: APPROVE AND ADOPT RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY;" AND REVIEW AND APPOINT MEMBERS TO ESTABLISHED COMMITTEES, AS APPROPRIATE �w% This report is to request that City Council designate representatives and alternates as official representatives of the City and to review and appoint members to the established in-house committees. FISCAL IMPACT None by this action. RECOI I'MENDATION Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-107, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly, noting that, for those committees which provide any stipends, members nominated for such committees do not need to abstain from that vote. LEGAL REVIEW The City Attorney has reviewed and approved this Resolution. BACKGROUND Each year, following the reorganization of the City Council, the Council is requested to designate members as representatives and alternates on certain committees and organizations. Additionally, in-house committee appointments are reviewed and appointments may be revised at Council's discretion. ALTERNATIVES eCitty Council may choose to 1) appoint new members to various committees, or 2) make no changes at this time. ATTACHMENT 41 - Resolution No. 2016-107 RESOLUTION NO. 2016-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY The City Council of the City of Baldwin Park, California, does hereby resolve as follows: WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2015-049 adopted January 21, 2015 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held on the 2nd Wednesday of the month; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees --- ...... _ _. ....._ ICfouncilmenber Susan RubioRe rp esentative......m.........�._.......... Alternate: Mavor Manuel Lozano Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4T" Wednesday, 1:30 p.m., District Office (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees Representative: *Magor Manuel Lozano Alternate: Mayor Pro Tem Cruz Baca _...Appointment of Mayor .......... -u,-i-r--ed—b—y - * required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday, 7:00 p.m., Metropolitan Water District — Courtyard Cafe, .It Floor (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees .... ...... ...... Representative* Mayor Pro Tem Cruz Baca _... ....... _ - ----------- .............. --- Alternate: Councilmember Susan Rubio Resolution No. 2016-107 Page 2 Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" Director's Meeting — Y'l Thursday„ Various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees ............. Representative:,, Chief Michael Taylor .. . Alternate: Mavor Manuel Lozano Section 5. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership — 3rd Thursday, 8:30 a.m., Gle17dor (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Councilmember Monica Garcia Alternate: Chief Michael Taylor Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent. Cities Association — 2"d Thursday of each month at various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative Councilmember Ricardo Pacheco ......A .e_____ - — .. _ . Alternate: Mayor Pro Tem Cruz Baca Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As needed; various times/locations (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees Representative .. Council .�... ti il Member Ricardo Pacheco Alternate: Chief Michael Taylor Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — 1St Thursday of each month in conjunction with the League of California Cities meetings (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Re resentative Wayor M anue l Lozano Alternate: _ Council Member Susan Rubio Appointment of Mayor required by State Law Resolution No. 2016-107 Page 3 Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — 1St Thursday of the month @ 9 am; Headquarters (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees .................— ..... — Representative. Mayor Pro Tem Cruz Baca ........ _ _ Alternate: Councilmember Susan Rubio Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Cluster meetings held Quarterly at the West Covina Headquarters Executive Board Room (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees Re resentative Mayor �� .- ,...... __ _ � .__. — p yor Pro Tem Cruz Baca Alternate: Councilmember Susan Rubio Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3 RD Thursday, 6W p.m., various locations (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees Re resentative. Councilmember Susan Rubio Alternate: Mayor Pro Tem Cruz Baca Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2nd Thursday, bi-monthly at various locations (MEMBERS RECEIVE A STIPEND — NO) Resolution No. 2016-107 Page 4 Section 13. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. APPROVED and ADOPTED this 17st day of February, 2016. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting held February 17, 2016 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK SUMMARY This report allows the City Council to review City Commission members and consider appointment, reappointment or the removal and/or replacement of any commissioners consistent with and pursuant to BPMC Section 32.09. If a Commissioner is removed, it is standard to advertise and accept applications to fill the position. FISCAL IMPACT Commissioners serving on City Commissions receive a stipend of $50 for each Commission meeting attended, however these funds are budgeted for, so there is no fiscal impact. RECOMMENDATION Staff recommends that the City Council provide staff directions. LEGAL REVIEW This report have been reviewed and approved by the City Attorney as to legal form and content. BACKGROUND In accordance with Baldwin Park Municipal Code, members of city commissions are appointed and the term of each office expires on June 30 of the designated expiration date year for individual offices, respectively. In anticipation of forthcoming expirations, advertisement of vacancies is published approximately four months prior to the expiration date. In the event vacancies occur due to resignation or removal of a commissioner, the vacancy may be advertised immediately or during the next advertisement period, whichever is most practical, and qualified candidates will be considered for appointment accordingly. Once applications are received and reviewed for minimum qualifications, eligible candidates are presented to Council for consideration and appointments. Those candidates selected for appointment then undergo a background screening and, once approved, will then be sworn into office to fulfill their term. Commissioners may, upon approval, continue to serve in their capacity as required. All appointments serve at the pleasure of and are subject to Council discretion. ALTERNATIVES The City Council may choose to: 1) Remove any member(s) from a Commission and direct staff to advertise for new appointment(s) or 2) Not make any changes at this time. ATTACHMENTS #1 —City Commission Members Roster ITEM NO. STAFF REPORT lau '' TO: Honorable Mayor and City Councilmembers HU130F 4 FROM: Shannon Yauchzee, Chief Executive Officer/City Manager THE • SAN GABRIEL DATE: February 17, 2016 �� VALLE "`� SUBJECT: REVIEW OF CURRENT COMMISIONERS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS SUMMARY This report allows the City Council to review City Commission members and consider appointment, reappointment or the removal and/or replacement of any commissioners consistent with and pursuant to BPMC Section 32.09. If a Commissioner is removed, it is standard to advertise and accept applications to fill the position. FISCAL IMPACT Commissioners serving on City Commissions receive a stipend of $50 for each Commission meeting attended, however these funds are budgeted for, so there is no fiscal impact. RECOMMENDATION Staff recommends that the City Council provide staff directions. LEGAL REVIEW This report have been reviewed and approved by the City Attorney as to legal form and content. BACKGROUND In accordance with Baldwin Park Municipal Code, members of city commissions are appointed and the term of each office expires on June 30 of the designated expiration date year for individual offices, respectively. In anticipation of forthcoming expirations, advertisement of vacancies is published approximately four months prior to the expiration date. In the event vacancies occur due to resignation or removal of a commissioner, the vacancy may be advertised immediately or during the next advertisement period, whichever is most practical, and qualified candidates will be considered for appointment accordingly. Once applications are received and reviewed for minimum qualifications, eligible candidates are presented to Council for consideration and appointments. Those candidates selected for appointment then undergo a background screening and, once approved, will then be sworn into office to fulfill their term. Commissioners may, upon approval, continue to serve in their capacity as required. All appointments serve at the pleasure of and are subject to Council discretion. ALTERNATIVES The City Council may choose to: 1) Remove any member(s) from a Commission and direct staff to advertise for new appointment(s) or 2) Not make any changes at this time. ATTACHMENTS #1 —City Commission Members Roster W m W m Z O V LL w W w o `° y ai �I�t � �U) QL _j (0 C�(D a-r� O p O�� m O p m O C N p 7i?5M COm N p n�(D t m0>M Z cam > M c �o o �C DCD (0 ;oa) 2 a1 (D p fn N rn -s C � W 0 � d C I C I C I C a,� CL 0 a a •a'X # •a'x •a'X D a X y¢aw OQw �Qw �Qw �Qaw O O O C O N N W C � y�Cn w� N � QUI- �� O � ��CD �� m �� as' �(D dlz(D CSI- �N� �� O �� H Z I- Qa.- N O N O A N O -0+ O N O m N 2O V Z O C Cp(0 ap(D r-0(M`D XON NOS NOS ��m y � Q I 2 > c N 'p o (VN N u M C N a N Lr) C N o a a .a # a N o I W y o uJ o v W o :m o a W 1) aW � aW a - E¢ W Q Q a �Q ¢ O FE O O c+ O O O O y v H W fn 2 N 12 2 a fn m't(D O LO (0 T Q .;t CD 9 03 (0 C � (0 O (D 3 --. (0 Z (D C 00 m a o CY) N O F� J Q4 O m(N 1- 0 N O - 00-0-- O ��M '- O CSM m0) y �M NLM U) r) `�M C7-0CM QUO 7O0 200 Q a.0 J00 CO G� .0 T�0 C E O 010 7 N N C_ M 'O U) N I C N 'O I N N C N I'O t/) 2 V) I d fN N C: (D N C N O a N N O_ N rL C N O O O_ N r a N C I r 0'a N O •a M O •d N 0'- O O_ J I Q Q. I O Q C a a aI O #k a x a I v aW E D -W D aW CL W q D -W W 0¢w uaw Q o¢a (,a 00 R o 0 0 0 O O y N N G 7 O N N 3�r q(0 CL t�CD >NN yNN ANN =04 ONN C LO0 CLM OLOO Vr �CO�) mLOO C m CC��(D O 4)-0C6�(0 Y N N `p a� p(�O N I N N a ' C N p C to N 'O C N 'O tti C J C fN Z •O it O 1 CL as as I as O as it Q W V Q W v Q W a W 1E Q W v O FE O 0 0 ITEM NO. 5 ""'" OUSING SUCCESS(" AGEN TO: Honorable Chair and Board Members "ht FROM: Marc Castagnola, AICP, Director of Community Developtilent '�° DATE: February 17, 2016 r s�urres�� f ' SUBJECT: CONSIDERATION OF AN EXCLUSIVE NEGOTIATION ;v LtE AGREEMENT (ENA) WITH MJW INVESTMENTS, LLC, FOR A PROPOSED TRANSIT ORIENTED RESIDENTIAL DEVELOPMENT PROJECT BETWEEN STERLING WAY AND MAINE STREET, FACING BALDWIN PARK CITY HALL. SUMMARY To consider an Exclusive Negotiation Agreement (ENA) for a total period of 180 days with MJW Investments, LLC, for a proposed transit -oriented residential apartment development project located between Sterling Way to the west and Maine Street to the south and the east, immediately facing Baldwin Park City Hall. FISCAL IMPACT There is no fiscal impact to the approval of the ENA. RECOMMENDATION Staff recommends that the City Council approve the following: Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed transit -oriented residential apartment development project located between Sterling Way to the west and Maine Street to the south and the east; and, 2. Authorize the Mayor to execute the Agreement. BACKGROUND MJW Investments, LLC, desires to develop a master planned, transit -oriented multi -family residential apartment development project with open spaces and public amenities on city property located between Sterling Way to the west and Maine Street to the south and the east, immediately facing Baldwin Park City Hall. The proposal would also include a public plaza straddling Maine Avenue to form a ceremonial plaza in front of City Hall. The site is currently vacant and is composed of 6 individual parcels currently owned by the Housing Successor Agency to the former Redevelopment Agency of the City of Baldwin Park, and a portion of Maine Avenue right-of-way connecting Sterling Way to Pacific Avenue, proposed to be vacated. The subject parcels total approximately 2.1acres and include APN # 8553-011-901, 902, 903, 904 and 905. The proposed project is to construct about 75 residential multi -family apartments with associated parking, including guests. As part of this proposal, MJW Investments would purchase the land at an appraised value. The financial feasibility of providing for -sale condominiums rather than for -rent apartments would also be evaluated as part of this ENA. THE PROPOSED EXCLUSIVE NEGOTIATION AGREEMENT (ENA) Staff has developed the attached ENA for Council review and consideration. The major terms of the ENA are as follows: Walbem ENA/Maine February 17, 2016 Page 2 • Pleriod: This ENA will expire 180 days (6 months) following adoption. • Third Party Cost: MJW Investments is responsible for all third party costs incurred by the Housing Successor Agency, including review by third party of the financial pro -forma. • Bi-Moildily deports: Bi -Monthly progress reports are required on the 10th of each month starting with the full month after execution of ENA. • Fiiuiricial Fei rlrjl)r) ecuts: To be delivered within 60 days after effective date of ENA. • Market.'FeasilAity Study: To be delivered within 90 days after effective date of ENA. • N�cK�s 'c uijyY41an�: To be delivered within 120 days after effective date of ENA. ,s��irjL)�L)Lmjd �h • Colice itwil Plans: To be delivered within 150 days after effective date of ENA. • Right to Additional hif"ortnatiori: Housing Successor Agency reserves the right to request reasonable additional information and data from developer for review and evaluation of the proposed development. • I-lazardmis Material: Developer is responsible for making site suitable for development. • C,110,61-1141 1"livimninert(al ttLy tia!�t(CLQA, —_ _A _,).: Housing Successor Agency, at Developer's expenses, is responsible for CEQA compliance for the proposed project. The ENA would allow staff to evaluate the project feasibility, the appropriateness of the Agency's contribution and make recommendations as appropriate. At this time, Developer does not ask the Agency any financial contribution other than the sale of the land at an appraised value. At the conclusion of the ENA, if the Agency decides to proceed with the project, the developer and the Agency will have the option negotiate and enter into a Disposition and Development Agreement (DDA). Notes: a) During the ENA period, the City Council and Housing Successor Agency will not be permitted to discuss possible development of the proposed project area with any other developer. b) During the ENA period, staff will place the previous plaza project on hold until further City Council direction. LEGAL REVIEW No Legal Review is necessary at this time. ALTERNATIVES The City Council may decide not to pursue this proposed residential project and not grant the requested ENA ATTACHMENTS # 1. Exclusive Negotiation Agreement (ENA) Exclusive Negotiation Agreement EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the HOUSING SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic ("Successor Agency") and the MJW INVESTMENTS, LLC, a California limited liability company ("Developer") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park ("City") and vision for the Baldwin Park transit center, Successor Agency and Developer desire to enter into negotiations concerning the development of certain land (defined below as the "Project Site"); and WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph 1 below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Successor Agency and Developer hereto mutually agree as follows: 1. PURPOSE The purpose of this ENA is to provide for the negotiation by the parties of a Transit -Oriented Multi -Family Residential development providing for, among other things, the following: A. The acquisition by Developer of the Project Site for a Transit -Oriented Multi -Family Residential Development in accordance with City's vision and the General Plan and for the development and construction of a residential development comprised of approximately seventy-five (75) residential apartment or condominium market rate units and provision of all related parking needs. While the project is located west of Maine Avenue, it would also straddle Maine Avenue to form a ceremonial plaza in front of City Hall. The development shall be a master planned, pedestrian -oriented multi -family residential development with open spaces and public amenities (the "Proposed Development"). The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). The Project Site is proposed to consist of property generally located between Sterling Way to the west and Maine Avenue to the south and the east, and immediately across from Baldwin Park City Hall. The Project Site consists of six (6) Successor Agency - Page 1 owned parcels which aggregate approximately 2.1 acres, as well as that portion of Maine Street right-of-way connecting Sterling Way to Pacific Avenue and proposed to be vacated. The portion of land immediately in front of City Hall, east of Maine Avenue, would be re -designed and landscaped to form a ceremonial plaza straddling Maine Avenue. By entering into this ENA, the parties intend to implement City's vision and General Plan. Nothing herein shall obligate or be deemed to obligate Successor Agency to commence any action or actions, including, but not limited to, eminent domain proceedings, for voluntary or involuntary acquisition of real or personal property, or any interest therein. The parties understand and agree Successor Agency cannot be obligated to commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, due process conducted by Successor Agency and in Successor Agency's sole discretion, after duly noticed and conducted public meeting, a determination the public necessity and interest is best served by such conveyance. B, The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uses. C� Provisions related to Successor Agency potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and Successor Agency necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. Successor Agency hereby grants to Developer, and Developer hereby accepts this ENA for a period of one hundred eighty (180) days, commencing on the date this ENA is signed on behalf of Successor Agency. With no expectation, or express or implied intent any extension to the term of this ENA will be accepted by either party, upon written request by Developer, Successor Agency's Executive Director (the "Executive Director") may extend the term of this ENA for up to an aggregate total of an additional one hundred eighty (180) days. B, Successor Agency and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by Successor Agency and Developer with regard to the objectives described above. During the term of this ENA, Successor Agency agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Page 2 Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. During the term of this ENA, Developer agrees as partial consideration for this ENA not to negotiate with any other party at any other property outside the jurisdictional boundaries of City and within a 3 -mile radius extending from the boundaries of the Project Site for uses similar to those contemplated for the Project Site. 3, TERMS Successor Agency and Developer hereby agree to the following terms: A. 1... )eVel per to Pay A] 1 4.1cc sor gcm ,.iicyy "Hiird Flarty Costs. Developer is responsible � e.w to pay any and all Successor Agency third party costs directly or indirectly related to this ENA and incurred in good faith by Successor Agency ("Third Party Costs"); provided however, such Third Party Costs shall not exceed Ten Thousand Dollars ($10,000.00) without prior written notification to and approval by Developer. If Developer fails to remit Third Party Costs within ten (10) days after receipt of an invoice from a third party submitted to Developer by Successor Agency, then Successor Agency's obligations pursuant to this ENA shall cease until such Third Party Costs are paid in full by Developer. B. Bi -Monthly Status Repor 1, . On or before the tenth (10th) day of every second month starting with the first full month after the effective date of this ENA, Developer shall provide bi-monthly status reports to the Executive Director in a format reasonably requested by the Executive Director. These reports, at a minimum, will include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts to acquire the land necessary for the project and secure quality commercial tenants for the Proposed Development. C. Financial Feasibility Prospectm. Within sixty (60) days after the effective date of this ENA, Developer shall submit to Successor Agency a pro forma showing the fiscal feasibility for its Proposed Development. The pro -forma shall evaluate and discuss the financial feasibility of an apartment for -rent project versus a condominium for -sale project. D. Market l aasi[ility Slxicly. Within ninety (90) days after the effective date of this ENA, Developer shall submit to Successor Agency a market feasibility study for its Proposed Development, including a residential housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. E. Necessary ary 122c'Apity F'inaiicin,. Within one hundred twenty (120) days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to Successor Agency, including the financing structure and letters of interest Page 3 from proposed debt and equity partners, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project Site. F. SUbtiiitlal ai,id Revie la�tgal and llh a:sij � Plans._ Within one hundred and fifty (150) days after the effective date of this ENA, Developer shall submit to Successor Agency conceptual and phasing plans for the development of the entire Site (the "Conceptual/Phasing Plans"). City staff shall review and comment on the Conceptual and Phasing Plans. G. SLiccessorr y's iglittoAdditionalhifors�a ition. Successor Agencyreservesthe right, during the term of this ENA, to request reasonable additional information and data from Developer necessary for review and evaluation of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a timely manner. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent permissible by law. H. i liazar•dous Materials. Successor Agency shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between Successor Agency and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed Page 4 by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to Commission upon Commission's request. L o 0 b lgl r o��...��y �� yrs � a' ��o��c Nothing herein shall obligate or be deemed to obligate Successor Agency to approve or execute a DDA or OPA, or convey any interest in any portion of the Project Site to Developer. The parties understand and agree Successor Agency cannot be obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion of the Project Site to Developer unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to Successor Agency is first negotiated, executed by Developer, approved by Successor Agency's Board, in each of their sole discretion, after duly noticed public hearing, and executed by Successor Agency. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. The parties also understand and agree any OPA or DDA must be approved by the Lompoc Oversight Board and State Department of Finance. J. DDA or 011 to Sitr seri e this ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by Successor Agency in the manner required by law, and executed by Successor Agency. K. Successor Agency Rlespopsiblefit Successor Agency, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. L. Real Estate Com riissioais. Successor Agency shall not be liable for any real estate commissions or brokerage fees, which may arise herefrom. Successor Agency represents it has not engaged a broker, agent or finder in connection with this transaction. Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. M. Conflicts of Interest. For the term of this ENA, no member, officer or employee of Successor Agency, during the term of his or her service with Successor Agency, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising; therefrom. N. ip Ompershil? oK Cgjitrol of Q)evelo . Developer understands Successor Agency is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of Successor Agency, at its sole discretion. O. Indenuia y. Developer agrees to and hereby does defend, hold harmless and indemnify Successor Agency, City and each of their officers, agents and employees (the "Indemnified Parties") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. P. t.ioverciiaag Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. Q. No `1"lair°cl P�,Lrt r R-,pn fic.ia,rics. Successor Agency and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions Page 6 or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either Successor Agency or Developer arising out of or due to Successor Agency's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED Successor Agency and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A. A single development plan comprised of one or more phases (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on-site and off-site improvements, Project Site -perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B. The design and configuration of the site plan shall maximize, to the extent reasonably feasible, the potential to attract retail/restaurant tenants. C. The acquisition procedures that may include use of eminent domain, the time schedule for conveyance, if any, of portions of the Project Site from Successor Agency, the financing plan, and the cost of the Project Site. D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by Successor Agency. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediation of any potentially hazardous materials from the Project Site and demolition of all Page 7 improvements on the Project Site. I. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. J. Appropriate controls to limit the use of the Project Site, K. Operational and maintenance plans for the development, including the parking. L. A financing plan. 5. LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default of the other party to negotiate in good faith, as set forth in this ENA, is to terminate this ENA or seek specific performance regarding the exclusivity provisions of this ENA, as applicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit being held by Successor Agency shall be returned to Developer by Successor Agency, in accordance with Paragraph 3.A.. B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect. Successor Agency Initials Developer Initials 6. TERMINATION BY SUCCESSOR AGENCY Page 8 Successor Agency shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the development generally described in Paragraph 1 of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. 7. TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event Successor Agency (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described in this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. 8. NOTICES. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail, postage prepaid, return -receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of Successor Agency and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return -receipt requested shall be deemed received on the date of receipt thereof. C. If to Successor Agency: City of Baldwin Park Attn: Shannon Yauchzee, Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California 91706 Telephone (626) 960.4011, ext. 482 Facsimile (626) 337.2965 With a copy to: Page 9 Tafoya & Garcia, LLP 316 W. 2nd Street, Suite 1000 Los Angeles, California 90012 Attn: Robert Tafoya Telephone (213) 617-0600 Facsimile (213) 617-2226 D. If to Developer: MJW Investments, LLC 1278 Glenneyre Street, Suite 439 Laguna Beach, California 92651 Phone: (626) 710-6377 With a copy to: Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 1900 Main Street, Suite 700 Irvine, California 92614 Attn: Stephen A. Scheck, Esq. Phone: (949) 851-7221 Fax: (949) 825-5417 9. COUNTERPART ORIGINALS. This ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE AGREEMENT This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 11. EFFECTIVE DATE The effective date of this ENA shall be the date it is signed on behalf of Successor Agency. Dated: APPROVED AS TO FORM: TAFOYA & GARCIA, LLP General Counsel Dated: THE SUCCESSOR AGENCY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY BALDWIN PARK Manuel Lozano, Chair MJW INVESTMENTS, LLC, a California limited liability company go Page II Matthew J. Waken, Manager EXHIBIT A PROJECT SITE MAP Page 12 ITEM NO. "'- SOUSING SUCCESSOR A TO: Honorable Chair and Board Members AD FROM: Marc Castagnola, AICP, Director of Community Dcvela')pniept DATE: February 17, 2016 SUBJECT: CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH MJW INVESTMENTS, LLC, FOR A PROPOSED TRANSIT ORIENTED RESIDENTIAL DEVELOPMENT PROJECT BETWEEN BADILLO STREET AND RAMONA BOULEVARD. SUMMARY To consider an Exclusive Negotiation Agreement (ENA) for a total period of 180 days with MJW Investments, LLC, for a proposed transit -oriented residential condominium development project located at the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. FISCAL IMPACT There is no fiscal impact to the approval of the ENA. IIl�'ICtI MEN:DATION Staff recommends that the City Council approve the following: 1. Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed transit -oriented residential condominium development project located at the intersection of and between Badillo Street to the south and Ramona Boulevard to the north; and, 2. Authorize the Mayor to execute the Agreement. BACKGROUND MJW Investments, LLC, desires to develop a master planned, transit -oriented multi -family residential condominium development project with open spaces and public amenities on city property located immediately at the intersection of and between Badillo Street to the north and Ramona Boulevard to the south. The site is currently used as a Metrolink Park -N -Ride lot and also includes a fenced area with the former Red Car structure (APN 98437-013-905). The totality of the site is approximately 1.49 acres and fronts both Badillo St. and Ramona Blvd. The site is currently owned by the Housing Successor Agency to the former Redevelopment Agency of the City of Baldwin Park. The proposed project is to construct about 20 residential market rate attached condominiums with associated parking, including guests. As part of this proposal, MJW Investments would purchase the land at an appraised value. The financial feasibility of restoring the former Red Car structure would also be evaluated as part of this ENA. If proven not feasible, the developer proposes to memorialize the structure through design features. ,rl]E PROPOSED EXCIA�SIVE NEGOTIATION ALITEEMFfN"1'" JiA Staff has developed the attached ENA for Council review and consideration. The major terms of the ENA are as follows: Note: During the ENA period, the City Council and Housing Successor Agency will not be permitted to discuss possible development of the proposed project area with any other developer. Walbern ENA/Red Car February 17, 2016 Paee 2 • Period: This ENA will expire 180 days (6 months) following adoption. • Third Party Cost: MJW Investments is responsible for all third party costs incurred by the Housing Successor Agency, including review by third party of the financial pro -forma. • Bi-Montlfly Reports: Bi -Monthly progress reports are required on the 10th of each month starting with the full month after execution of ENA. • fi-laticia! Fesibilitw Prosyectus: To be delivered within 60 days after effective date of ENA. • Mark tl a�ibiltt y Sled To be delivered within 90 days after effective date of ENA. • 1 ec,e.sAz rY" :[tcbt a11d ,,'q1! VjJriarici : To be delivered within 120 days after effective date of ENA. • (cap Wal Plaps: To be delivered within 150 days after effective date of ENA. • l�Jgilt to Addidgial 1 l;ornia liop: Housing Successor Agency reserves the right to request reasonable additional information and data from developer for review and evaluation of the proposed development. • l llazardous Mat,eri,al: Developer is responsible for making site suitable for development. • „al�loriG1 ivatoprt�1 ..ttalat t'1( Housing Successor Agency, at Developer's expenses, is responsible for CEQA compliance for the proposed project. The ENA would allow staff to evaluate the project feasibility, the appropriateness of the Agency's contribution and make recommendations as appropriate. At this time, Developer does not ask the Agency any financial contribution other than the sale of the land at an appraised value and the potential re -use or demolition of the former Red Car structure. At the conclusion of the ENA, if the Agency decides to proceed with the project, the developer and the Agency will have the option negotiate and enter into a Disposition and Development Agreement (DDA). LEGAL REVIEW No Legal Review is necessary at this time. ALTERNATIVES The City Council may decide not to pursue this proposed residential project and not grant the requested ENA ATTACHMENTS #1. Exclusive Negotiation Agreement (ENA) Attachment Exclusive Negotiation Agreement (')1,R 1 lull"!'NT THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the HOUSING SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic ("Successor Agency") and the MJW INVESTMENTS, LLC, a California limited liability company ("Developer") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park ("City") and vision for the Baldwin Park transit center, Successor Agency and Developer desire to enter into negotiations concerning the development of certain land (defined below as the "Project Site"); and WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph 1 below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Successor Agency and Developer hereto mutually agree as follows: 1. PURPOSE The purpose of this ENA is to provide for the negotiation by the parties of a Transit -Oriented Multi -Family Residential development providing for, among other things, the following: A. The acquisition by Developer of the Project Site for a Multi -Family Residential Development in accordance with City's vision and the General Plan and for the development and construction of a residential development comprised of approximately twenty (20) residential condominium market rate units and provision of all related parking needs. The development shall be a master planned, pedestrian - oriented multi -family residential development with open spaces and public amenities (the "Proposed Development"). The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). The Project Site consists of property generally located to the east of the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. The Project Site is approximately 1.5 acres and is currently used as a Metrolink Park -N - Ride lot. The site also includes a fenced area with the former red car structure. Page 1 As part of this ENA, Developer will evaluate the feasibility of restoring and preserving the red car structure. However, if not feasible, Developer will consider memorializing the red car structure with markers throughout the site or with other options as feasible and available. By entering into this ENA, the parties intend to implement City's vision and General Plan. Nothing herein shall obligate or be deemed to obligate Successor Agency to commence any action or actions, including, but not limited to, eminent domain proceedings, for voluntary or involuntary acquisition of real or personal property, or any interest therein. The parties understand and agree Successor Agency cannot be obligated to commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, due process conducted by Successor Agency and in Successor Agency's sole discretion, after duly noticed and conducted public meeting, a determination the public necessity and interest is best served by such conveyance. B. The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uses. C. Provisions related to Successor Agency potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and Successor Agency necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. Successor Agency hereby grants to Developer, and Developer hereby accepts this ENA for a period of one hundred eighty (180) days, commencing on the date this ENA is signed on behalf of Successor Agency. With no expectation, or express or implied intent any extension to the term of this ENA will be accepted by either parry, upon written request by Developer, Successor Agency's Executive Director (the "Executive Director") may extend the term of this ENA for up to an aggregate total of an additional one hundred eighty (180) days. B. Successor Agency and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by Successor Agency and Developer with regard to the objectives described above. During the term of this ENA, Successor Agency agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Page 2 Project Site, or portion thereof. During the term of this ENA, Developer agrees as partial consideration for this ENA not to negotiate with any other party at any other property outside the jurisdictional boundaries of City and within a 3 -mile radius extending from the boundaries of the Project Site for uses similar to those contemplated for the Project Site. TERMS Successor Agency and Developer hereby agree to the following terms: A. 1^)ewc iclp l tc Pay_,A] I Siicccssor AgegU,I:Liir ct 11a ly ("osis. Developer is responsible to pay any and all Successor Agency third party costs directly or indirectly related to this ENA and incurred in good faith by Successor Agency ("Third Party Costs"); provided however, such Third Party Costs shall not exceed Ten Thousand Dollars ($10,000.00) without prior written notification to and approval by Developer. If Developer fails to remit Third Party Costs within ten (10) days after receipt of an invoice from a third party submitted to Developer by Successor Agency, then Successor Agency's obligations pursuant to this ENA shall cease until such Third Party Costs are paid in full by Developer. B. Bi -Monthly Status Reports. On or before the tenth (10th) day of every second month starting with the first full month after the effective date of this ENA, Developer shall provide bi-monthly status reports to the Executive Director in a format reasonably requested by the Executive Director. These reports, at a minimum, will include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts to acquire the land necessary for the project and secure quality commercial tenants for the Proposed Development. C. l,hiamial 1 easi ilrty.l'MX tL1S. Within sixty (60) days after the effective date of this ENA, Developer shall submit to Successor Agency a pro forma showing the fiscal feasibility for its Proposed Development. The pro -forma shall also discuss financial feasibility of renovating the red car structure for re -use. D„ Maficl Feasibility Said y. Within ninety (90) days after the effective date of this ENA, Developer shall submit to Successor Agency a market feasibility study for its Proposed Development, including a residential housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. E. I eccssary Tie t)t ptid1 �NiiyITl �� gar citti Within one hundred twenty (120) days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to Successor Agency, including the financing structure and letters of interest from proposed debt and equity partners, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition Page 3 and development of the Project Site. F. Sg biatittal aiid l vt w c N" ('owacc atrittN �yca.c l'Nt a N g N'l tia ._ Within one hundred and fifty (150) days after the effective date of this ENA, Developer shall submit to Successor Agency conceptual and phasing plans for the development of the entire Site (the "Conceptual/Phasing Plans"). City staff shall review and comment on the Conceptual and Phasing Plans. G. Successor Agency's Right to Additional Information. Successor Agency reserves the right, during the term of this ENA, to request reasonable additional information and data from Developer necessary for review and evaluation of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a timely manner. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent permissible by law. H. 1-lazardogs Materials. Successor Agency shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between Successor Agency and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and l ecoveryr Act, 42 U.S.C. 6901, el seq.; an "Extremely l lazardotis Waste," a "Hai tardoiis Waste" or a "Restricted 1-laz ardous Vaster " as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or Page 4 reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to Commission upon Commission's request. I.No f 1bi io�g�z txccessor � g . Nothing herein shall obligate or be deemed to obligate Successor Agency to approve or execute a DDA or OPA, or convey any interest in any portion of the Project Site to Developer. The parties understand and agree Successor Agency cannot be obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion of the Project Site to Developer unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to Successor Agency is first negotiated, executed by Developer, approved by Successor Agency's Board, in each of their sole discretion, after duly noticed public hearing, and executed by Successor Agency. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. The parties also understand and agree any OPA or DDA must be approved by the Lompoc Oversight Board and State Department of Finance. J, DDA or QPA to SUPCBc(lc this ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by Successor Agency in the manner required by law, and executed by Successor Agency. K. St'le cssor A c.y 1�1 ggsibl for ."l: ^ A � .oni )IJance. Successor Agency, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. L. 'Real l'Statc.. Co:llinlissioii„s. Successor Agency shall not be liable for any real estate commissions or brokerage fees, which may arise herefrom. Successor Agency represents it has not engaged a broker, agent or finder in connection with this transaction. Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. M. Conflicts of Interest. For the term of this ENA, no member, officer or employee of Successor Agency, during the term of his or her service with Successor Agency, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising; therefrom. N. Cliap99�-ip ONvgc s1iip) or Control of Deve lop e. Developer understands Successor Agency is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of Successor Agency, at its sole discretion. O. Indeninit Developer agrees to and hereby does defend, hold harmless and indemnify Successor Agency, City and each of their officers, agents and employees (the "Indemnified Parties") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. P. GoveminV1 qw. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. Q, No Third Party Beneficiaries. Successor Agency and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either Successor Agency or Developer arising out of or due Page 6 to Successor Agency's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED Successor Agency and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A. A single development plan comprised of one or more phases (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on-site and off-site improvements, Project Site -perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B, The design and configuration of the site plan shall maximize, to the extent reasonably feasible, the potential to attract retail/restaurant tenants. C. The acquisition procedures that may include use of eminent domain, the time schedule for conveyance, if any, of portions of the Project Site from Successor Agency, the financing plan, and the cost of the Project Site. D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by Successor Agency. F A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. Page 7 I. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. Appropriate controls to limit the use of the Project Site. K. Operational and maintenance plans for the development, including the parking,. L. A financing plan. 5. LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default of the other party to negotiate in good faith, as set forth in this ENA, is to terminate this ENA or seek specific performance regarding the exclusivity provisions of this ENA, as applicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit being held by Successor Agency shall be returned to Developer by Successor Agency, in accordance with Paragraph 3.A.. B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect. Successor Agency Initials Developer Initials Successor Agency shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the development generally described in Paragraph 1 of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. 7. TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event Successor Agency (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described in this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. NOTICES. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail, postage prepaid, return -receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of Successor Agency and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return -receipt requested shall be deemed received on the date of receipt thereof. C. If to Successor Agency: City of Baldwin Park Attn: Shannon Yauchzee, Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California 91706 Telephone (626) 960.4011, ext. 482 Facsimile (626) 337.2965 With a copy to: Tafoya & Garcia, LLP Page 9 Attn: Robert Tafoya 316 West 2nd Street, Suite 1000 Los Angeles, California 90012 Telephone (213) 617-0600 Facsimile (213) 617-2226 D. If to Developer: MJW Investments, LLC 1278 Glenneyre Street, Suite 439 Laguna Beach, California 92651 Phone: (626) 710-6377 With a copy to: Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 1900 Main Street, Suite 700 Irvine, California 92614 Attn: Stephen A. Scheck, Esq. Phone: (949) 851-7221 Fax: (949) 825-5417 9. COUNTERPART ORIGINALS. This ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE AGREEMENT This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 11. EFFECTIVE DATE The effective date of this ENA shall be the date it is signed on behalf of Successor Agency. FWAX011MV-7-09-j� �'- N General Counsel BALDWIN PARK TO THE DISSOLVED • DEVELOPMENT DIRECTOR • THE CITY BALDWIN PARK Um Manuel Lozano, Chair MJW INVESTMENTS, LLC, a California limited liability company Dated: . . .. . ............... ------- By: � . . ..... ......... Matthew J. Waken, Manager Page 11 EXHIBIT A PROJECT SITE MAP Page 12 '; A 11 pop FEBRUARY 17, 2016 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 o I Z D 60T"ANNIVERSARY Manuel Lozano - Chair Monica Garcia - Vice Chair Cruz Baca - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y DEEPENS DURANTE LA JUNTA ..... -- PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerto durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por fres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER ROLL CALL FINANCE AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Cruz Baca, Ricardo Pacheco, Susan Rubio, Vice Chair Monica Garcia and Chair Manuel Lozano 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 COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISI6N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; a 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracidn en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT — DECEMBER 2015 Staff recommends that Council receive and file the Treasurer's Report: ADJOURNMENT CERTIFICATION I, Alejandra Avila, 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 11th day of February, 2016. d AlejAcIr'a Avila... Secretary PLEASE NOTE; Copies of staff reports and supporting documentation pedaining to each item on this agenda are available for public viewing and Inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e- mail at k.i s ell b�,l„Jdayarrpark.conl. 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) ITEM NO. S. r rt T � t io v. 9Y L r�LDpi TO: Honorable Mayor and City Councilmembers I-10 OF V FROM: Rose Tam, Director of Finance 3 DATE: February 17, 2016 t '1d 4L SUBJECT: TREASURER'S REPORT DECEMBER 2015 SUMMARY Attached is the Treasurer's Report for the month of December 2015. 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. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2015 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2015 and several deposits/withdrawals were made with 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 . ... ..... ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION- RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund 0.40% Varies Varies 20,166,064.40 20,166,064.40 20,166,064.40 20,166,064.40 City Housing Authority 0.40% Varies Varies 13,083.88 13,083.88 13,083.88 13,083.88 20,179,148.28 20,179,148.28 20,179,148.28 20,179,148.28 Fiscal Agent Funds - City Varies Varies Varies 2,316,560.59 2,316,560.59 2,316,560.69 2,316,560.59 Fiscal Agent Funds -Successc Varies Varies Varies 2,938,140.38 2,938,140.38 2,938,140.38 2,938,140.38 — -- — --$ ------ . . 25,433,849 25 . ...... 25,413 849,25 . . ......— 5,254,700.97 — ------ —, ?5,433 8+19.2",5 Total Investments $ 25,433,849.25 Cash City Checking 10,197,206.69 City Miscellaneous Cash 122,278.06 Comm. Develop. Comm. 0.00 Successor Agency 4.268,933.30 Housing Authority 106,016.96 Financing Authority 0.00 Total Cash L4,10A�43fi.RL Total Cash and Investments $40,1,, H 284. Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2015 and several deposits/withdrawals were made with 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 AGENDA FEBRUARY 17, 2016 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 ow r s s 60111 ANNIVERSARY Manuel Lozano - Chair Monica Garcia - Vice Chair Cruz Baca - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS OURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podM hacerto durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Cruz Baca, Ricardo Pacheco, Susan Rubio, Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISI6N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT — DECEMBER 2015 Staff recommends that Council receive and file the Treasurer's Report: 2. AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES (HACOLA) AND THE BALDWIN PARK HOUSING AUTHORITY (BPHA) PERMITTING HACOLA TO ADMINISTER ITS VETERAN AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM VOUCHERS IN BPHA'S JURISDICTION. Staff recommends that the Housing Board approve the agreement between the Housing Authority of the County of Los Angeles (HACOLA) and the Baldwin Park Housing Authority (BPHA) permitting HACOLA to administer its Veterans Affairs Supportive Housing (VASH) program vouchers in BPHA's jurisdiction. 3. BALDWN PARK HOUSING AUTHORITY'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN UPDATE Staff recommends that the Housing Board: 1. Approve the updated Section 8 Housing Choice Voucher Program Administrative Plan; and 2, Authorize the Director of Community Development and Housing Manager to implement revisions of the Administrative Plan as necessary to comply with updates from HUD and make minor revisions to BPHA policies and/or procedures ADJOURNMENT CERTIFICATION I, Alejandra Avila, 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 11th day of February, 2016. Alejandra Avila Secretary PLEASE NOTE, Copies of staff reports and supporting documentation pertaining to ex,,h item on Oris agenda are available for public viewing and lospection at City Hall' 2"0 Floor Lobby Area or at the Los Angeles County Public t.rl„srary In the City of 1 aldwin Park. For further irdormation regarding agenda items, ,please contacl the office of the City Clerk at (626) 960-4011 eKI. 466 or vh;r e- mail at krlt§��Lxil'dwrr rrA',corn. 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) SUMMARY Attached is the Treasurer's Report for the month of December 2015: 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. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. ITEM NO. -IA M "I TO: Honorable Mayor and City Councilmembers ,")iUbeF,, FROM: Rose Tam, Director of Finance Tr �r 'rcrew DATE: February 17, 2016 41'1,„ r ; CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2015 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2015 and several deposits/withdrawals were made with 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 ESTIMATED INVESTMENT INTERESTPU SE MATURITYCURRENT BOOK MARKET DESCRIPTION " DAT AL VALUE PRINCIPAL ..,_. VALUE .. VALUE State of California Local Agency Investment Fund City 0.40% Varies Varies 20,166,064.40 20,166,064.40 20,166,064.40 20,166,064.40 Housing Authority 0.40% Varies Varies 13,083.88 13,083.88 13,083.88 13,083.88 20,179,148.28 M 20,179,148.28 20,179,148.28 2....___ , 0,1799,,148.28 Fiscal Agent Funds - City Varies Varies Varies 2,316,560.59 2,316,560.59 2,316,560.59 2,316,560.59 Fiscal Agent Funds - Successc Varies Varies Varies 2,938,140.38 2,938,140.38 2,938,140.38 2,938,140.38 $. .5 413 84.9.25 $ �' 2.5 33 849.26 �� 5,264,700.97 Total Investments $ 25,433,849.25 Cash City Checking 10,197,206.69 City Miscellaneous Cash 122,278.05 Comm. Develop. Comm. 0.00 Successor Agency 4,258,933.30 Housing Authority 106,016.96 Financing Authority 0.00 Total Cash 14,684,435.00 Total Cash and Investments $ 40,118,284.25 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2015 and several deposits/withdrawals were made with 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 SUMMARY For the Baldwin Park Housing Authority Board to consider the approval of the agreement between the Housing Authority of the County of Los Angeles (HACOLA) and the Baldwin Park Housing Authority (BPHA). FISCAL IMPACT HACoLA's VASH program is funded directly from HUD. Therefore, there is no impact to the general fund or to BPHA's federal funds. RECOMMENDATION Staff recommends that the Housing Board approve the agreement between the Housing Authority of the County of Los Angeles (HACoLA) and the Baldwin Park Housing Authority (BPHA) permitting HACoLA to administer its Veteran Affairs Supportive Housing (VASH) program vouchers in BPHA's jurisdiction. BACKGROUND HACoLA received Veterans Affairs Supportive Housing Grants from the U.S. Department of Housing and Urban Development ("HUD") to assist a total of 1518 homeless veterans and their families with affordable housing. On occasion, HACoLA VASH program participants may desire to lease a rental unit within BPHA's jurisdiction. To better meet the specialized needs of Veterans and expedite the process necessary to obtain an affordable housing unit, HACoLA and BPHA believe that it would be mutually beneficial, and, indeed, a public service, to accommodate such participants by allowing the Veteran to remain with the casework and agency familiar with their specific needs. ITEM NO. STAFF REPORT BALIMINP� p� TO: The Honorable Chairman and Members of the Board A +^' � I Tw1 1 � FROM: M Marc Castagnola, AICP, Dig ecto 11* orf 4".oiiiiiiunity Develop inCIA— Suzie Ruelas, Housing Manager, Sr rs� LL � DATE: February 17 2016 �Y� SUBJECT: AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES (HACOLA) AND THE BALDWIN PARK HOUSING AUTHORITY PERMITTING HACOLA TO ADMINISTER ITS VETERAN AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM VOUCHERS IN BPHA'S JURISDICTION. SUMMARY For the Baldwin Park Housing Authority Board to consider the approval of the agreement between the Housing Authority of the County of Los Angeles (HACOLA) and the Baldwin Park Housing Authority (BPHA). FISCAL IMPACT HACoLA's VASH program is funded directly from HUD. Therefore, there is no impact to the general fund or to BPHA's federal funds. RECOMMENDATION Staff recommends that the Housing Board approve the agreement between the Housing Authority of the County of Los Angeles (HACoLA) and the Baldwin Park Housing Authority (BPHA) permitting HACoLA to administer its Veteran Affairs Supportive Housing (VASH) program vouchers in BPHA's jurisdiction. BACKGROUND HACoLA received Veterans Affairs Supportive Housing Grants from the U.S. Department of Housing and Urban Development ("HUD") to assist a total of 1518 homeless veterans and their families with affordable housing. On occasion, HACoLA VASH program participants may desire to lease a rental unit within BPHA's jurisdiction. To better meet the specialized needs of Veterans and expedite the process necessary to obtain an affordable housing unit, HACoLA and BPHA believe that it would be mutually beneficial, and, indeed, a public service, to accommodate such participants by allowing the Veteran to remain with the casework and agency familiar with their specific needs. BPHA/HACoLA VASH Agr February 17, 2016 Page 2 Permitting HACoLA to administer the VASH vouchers in BPHA's jurisdiction also allows HACoLA to ensure the Veteran's compliance with the terms and conditions of their respective HUD VASH Grant Agreements. LEGAL REVIEW: The agreement was reviewed and approved by BPHA Legal Counsel. ALTERNATIVES Should the HA Board deny HACoLA's request, the alternative is to require all Veteran VASH Voucher participants to request portability through BPHA's normal process. Attachments: "A" - Agreement INTERAGENCY AGREEMENT FOR THE VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM This Interagency Agreement is made and entered into this 151 day of March 2016 by and between the Housing Authority of the County of Los Angeles, hereinafter referred to as "HACoLA" and the Baldwin Park Housing Authority, hereinafter referred to as "BPHA". RECITALS WHEREAS, HACoLA received Veterans Affairs Supportive Housing Grants (the "Grant' from 2009 through 2015 from the U.S. Department of Housing and Urban Development ("HUD") to assist a total of 1518 homeless veterans and their families; and WHEREAS, on occasion, HACoLA VASH program participants may desire to lease a unit within BPHA's jurisdiction; and WHEREAS, representatives of HACoLA and BPHA believe that it would be mutually beneficial, and, indeed, a public service, to accommodate such participants; and WHEREAS, HACoLA will ensure compliance with the terms and conditions of their respective HUD VASH Grant Agreements; and NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: PARTIES The parties to this Agreement are: A. HACoLA: The Housing Authority of the County of body, corporate and politic under the California, having its Alhambra, CA 91801. Los Angeles, a public --- laws of the State of principal office at 700 West=Main Street; B. BPHA: The Baldwin Park Housing Authority, a public body, corporate and politic under the laws of the State of California, having its principal office at 14403 E. Pacific Avenue, Baldwin Park, CA 91706. 2. COMPENSATION There shall be no compensation for any services described in this Agreement. 3. TERM This Agreement shall commence on the date first above written. 4. HACoLA RESPONSIBILITIES HACoLA will perform all VASH contract administration duties associated with its HUD VASH Grant Agreements for tenant based and project based VASH grants. Such duties shall include those associated with vouchers utilized within BPHA's jurisdiction, which BPHA hereby authorizes. 5. TERMINATION FOR CONVENIENCE During the term of this Agreement, HACoLA or BPHA may terminate this Agreement upon thirty (30) days' prior written notice (the "Notice of Termination.") The Executive Director or designee of each agency is hereby authorized to give said Notice of Termination. The Notice of Termination shall specify the date upon which such termination becomes effective. 6. SUBCONTRACTING Neither party shall subcontract any of its responsibilities under this Agreement or permit subcontracted responsibilities to be further subcontracted without the prior written approval of the other party. 7. ASSIGNMENT This Agreement or any provision thereof or any right or obligation arising hereunder is not assignable by HACoLA nor BPHA in whole or in part without the prior written consent of the other party to this Agreement. 8. INDEMNIFICATION HACoLA shall defend, indemnify and hold BPHA and BPHA's officer.., directors, agents, servants, attorneys, employees and contractors harmless from and against all Liabilities arising from or as a result of the death of any person or any accident injury, loss or damage whatsoever caused to any person or to the property of any person and which shall be, or alleged to be, directly or indirectly, caused by any acts done thereon or any errors or omissions of HACoLA or its officers, directors, agents, servants, attorneys, employees or contractors. HACoLA shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions directly or indirectly caused by BPHA, or BPHA's respective officers, directors, agents, servants, attorneys, employees or contractors. BPHA shall not be responsible for any acts, errors W or omissions of any person or entity except BPHA and BPHA's respective officers, agents, servants, employees or contractors. HACoLA's obligations under this Section 9 shall survive the expiration or termination of this Agreement 9. INDEPENDENT CONTRACTOR STATUS HACoLA and BPHA shall perform the services as contained herein as independent contractors, not as an employee of the other party or under the other party's supervision or control. This Agreement is by and between HACoLA and BPHA, and not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between BPHA and HACoLA. 10. SEVERABILITY In the event that any provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provisions shall be deemed valid to the extent of the scope or breadth permitted by law. 11. INTERPRETATION No provisions of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if drafted by both parties hereto. 12. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any breach of the same or any other provision hereof. 13. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements between parties, constitutes the entire understanding and agreement of the parties. K10 / / / / � / / / - / / / / ' / .'' / ' / , / / � ' / / / / / � / / / / / �� 4 IN WITNESS WHEREOF, HACoLA and BPHA have executed this Agreement through their duly authorized officers on the date first above written. HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES By Se Rogan, Executive Dirc for Date BALDWIN PARK HOUSING AUTHORITY Executive Director Date APPROVED AS TO FORM: APPROVED AS TO FORM: MARY C. WICKHAM Nancy i Principal •Counsel APPROVED AS TOFORM: Citi Attome' B....... Date R ITEM NO. t-1 A STAFF REPORT SUMMARY Periodically the Baldwin Park Housing Authority updates the Section 8 Housing Choice Voucher Program Administrative Plan to implement new HUD regulations and/or new or revised Baldwin Park Authority policies and procedures. Because the last update to the BPHA Administrative Plan was in 2008, this update is considered substantial and substantial revisions to the Administrative Plan are to be approved by the Housing Board. FISCAL IMPACT There is no impact to the general funds or BPHA's Federal funds. RECOMMENDATION Staff recommends that the Housing Board: 1) Approve the updated Section 8 Housing Choice Voucher Program Administrative Plan; and 2) Authorize the Director of Community Development and Housing Manager to implement revisions of the Administrative Plan as necessary to comply with updates from HUD and make minor revisions to BPHA policies and/or procedures. BACKGROUND The Baldwin Park Housing Authority (BPHA), receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development (HUD) under an Annual Contributions Contract (ACC). Pursuant to the ACC and program regulations, BPHA must ensure compliance with federal laws, regulations and notices, must establish policies and procedures to clarify federal requirements and must ensure consistency in program operation. The draft update of the Administrative Plan satisfies the Section 8 HCV program requirements by establishing clear policies and procedures for tenants, property owners and BPHA staff to adhere to. Since the last update of the Administrative Plan, HUD has implemented new and/or revised existing laws and regulations. The draft Plan includes those revisions and others under the following topics: TO: The Honorable Chairman and Members of the Board � FROM: Marc Casta nola AICP Director of g � Community Developnne��t U'iTHE r�t, 1 s GA IE L + Suzie Ruelas, Housing Manager ` qVp i 'ED JANO DATE: February 17, 2016 SUBJECT: BALDWIN PARK HOUSING AUTHORITY'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN UPDATE SUMMARY Periodically the Baldwin Park Housing Authority updates the Section 8 Housing Choice Voucher Program Administrative Plan to implement new HUD regulations and/or new or revised Baldwin Park Authority policies and procedures. Because the last update to the BPHA Administrative Plan was in 2008, this update is considered substantial and substantial revisions to the Administrative Plan are to be approved by the Housing Board. FISCAL IMPACT There is no impact to the general funds or BPHA's Federal funds. RECOMMENDATION Staff recommends that the Housing Board: 1) Approve the updated Section 8 Housing Choice Voucher Program Administrative Plan; and 2) Authorize the Director of Community Development and Housing Manager to implement revisions of the Administrative Plan as necessary to comply with updates from HUD and make minor revisions to BPHA policies and/or procedures. BACKGROUND The Baldwin Park Housing Authority (BPHA), receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development (HUD) under an Annual Contributions Contract (ACC). Pursuant to the ACC and program regulations, BPHA must ensure compliance with federal laws, regulations and notices, must establish policies and procedures to clarify federal requirements and must ensure consistency in program operation. The draft update of the Administrative Plan satisfies the Section 8 HCV program requirements by establishing clear policies and procedures for tenants, property owners and BPHA staff to adhere to. Since the last update of the Administrative Plan, HUD has implemented new and/or revised existing laws and regulations. The draft Plan includes those revisions and others under the following topics: BPHA Admin Plan Update February 17, 2016 Page 2 Fair Housing Eligibility Application Waiting List and Selection Violence Against Women Act "VAWA" Briefing and Voucher Income and Subsidy Determination Verification Housing Quality Standards (HQS) and Rent Reasonableness Leasing Policies Moving and Portables Reexaminations Terminations Owner Program Integrity Special Housing Types Program Administration Project -Based Voucher Program — NEW Because of the length of time between updates, there are many differences between the current Plan and the updated Plan. Identified below are the key differences proposed: • Waiting List Application Process to Include On -Line Application Intake • Clarification for Guest and Household Composition Requirements • Stronger Housing Quality Standards for Assisted Units to Consistent and Stringent Fraud and Crime Prevention N Tenant Counseling Sessions 11 Streamlined and clearly defined procedures Throughout the years, HUD will periodically update, revise or implement new regulations in the HCV program. Once HUD implements a revised or new regulation, the PHA must update its plan and procedures to include the new requirements. HUD also permits the Housing Board to authorize other PHA Officials to approve updates. Since HUD regulations supersede BPHA policy, in an effort to streamline the process, staff recommends the Director Community Development and Housing Manager to implement revisions of the Administrative Plan as necessary to comply with updates from HUD and make non-significant revisions to BPHA policies and/or procedures. Non-significant revisions include new or revised HUD regulations and BPHA policy and procedures coinciding with those HUD regulations. LEGAL REVIEW: Legal review is not required for this item. ALTERNATIVES There are no alternatives. Attachments: Section 8 Housing Choice Voucher Program Administrative Plan Baldwin Park Housing Authority CRAFT Section 8 Housing Choice Voucher Program Administrative Plan �AYR1,K.. Approved by: Baldwin Park Housing Authority Board DRAFT Prepared by: Baldwin Park Housing Authority 14403 E. Pacific Avenue Baldwin Park, CA 91706 Baldwin Park Housing Authority Administrative Plan -Table of Contents Introduction ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN PARTI: THE PHA ,... ..................... ..................................... ....................,......... 1-6 1-I.A. Overview...................................................................................... 1-6 1-I.B. Organization And Structure Of The PHA .................................... 1-6 1-I.C. PHA Mission............................................................................... 1-6 1-I.D. The PHA's Programs.................................................................. 1-7 1-I.E. THE PHA's Commitment To Ethics And Service... ... 1-7 PART II. THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ......................... 1-8 1-II.A. Overview And History Of The Program ........................................ 1-8 1-II.B. HCV Program Basics.................................................................. 1-9 1-II.C. The HCV Partnerships .............................. ...... ............... ............ 1-10 The HCV Relationships: ...................... ___ ......................... 1-10 What does HUD do? ........................... ...... .. ...... What does the PHA do? ..................... What does the Owner do?. . _ _ . . ......... ....... What does the Family do?.. ... ......... ... 1-12 1-II.D. Applicable Regulations ............... ............................. n.....,....,.,.,,.1-12 PART III, THE HCV ADMINISTRATIVE PLAN ............... .....A.............. ...,......... ........ 1-13 1-III.A. Overview And Purpose Of The Plan .............................. ............ 1-13 1-I I I. B. Contents Of The Plan ..................... .................. .................. ...... 1-13 1-III.C. Organization Of The Plan ....................... ..... ... .............. ............. 1-15 1-III.D. Updating And Revising The Plan ................ ........................1-15 TOC -1 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 2 FAIR HOUSING AND EQUAL OPPORTUNITY PART I: NONDISCRIMINATION .............. ................. ..,................,.................,.2-16 2-I.A. Overview...............................................................................2-16 2-I.13. Nondiscrimination ......................................... .,,....... ...... ,,,... ..2-17 Providing Information to Families and Owners.... ....... .... 2-18 Discrimination Complaints .................................... ...2-18 PART 11: POLICIES RELATED TO PERSONS WITH DISABIILTIES ...... ...............2-19 2-24 2-I I.A. Overview ....... .......................... ............... ................................... .2-19 2-11.13. Definition Of Reasonable Accommodation........... ................ 2-20 2-III.C. Types of Reasonable Accommodations.. ................ 2-20 2-11. C. Request for an Accommodation . ..... ............ ..........n................... 2-20 2-11. D. Verification of Disability ............... ............. ......... .............. ........... 2-21 2-II.E. Approval/Denial Of A Requested Accommodation ...................2-22 2-11. F. Program Accessibility for Persons with Hearing or Vision Impairments..............................................................................2-23 2-II.G. Physical Accessibility ........... ....................................... __.... .,.....2-23 2-11. H. Denial or Termination of Assistance..........................................2-24 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)..................... .............. ................... ....... 2-24 2 -III .A. Overview................................................................ . ...... .............2-24 2-111.13. Oral Interpretation ............................... ............... ................ ,....... 2-25 2-III.C. Written Translation ............................. ...................... ____ ..... 2-25 2-III.D. Implementation Plan ......................... ......... ............. ............. ...... 2-26 Exhibit 2-1: Definition Of A Person With A Disability Under Federal Civil Rights Laws ........... ........... ......... ..... ....... ............................ 2-27 TOC -2 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 3 ELIGIBILITY PART I. DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS.. ..... ......... 3-30 3-I.A. Overview ................................................................................3-30 3-I.B. Family And Household ................ ................... ............................ 3-30 Family............................... ................................................... 3-30 Household......................... ___ ................ ....... ....... ............. 3-30 3-I.C. Family Break -Up And Remaining Member Of Tenant Family .... 3-31 FamilyBreak-up ...................................................................3-31 Remaining Member of a Tenant Family..............................3-32 3-I.D. Head of Household ...................... ____ ............... ................ .... .3-32 3-I.E. Spouse, Cohead, And Other Adult ............... ............... ............ .3-32 3-I.F. Dependent [24 CFR 5.603] ........... .................................... ........ .3-33 Joint Custody of Dependents... .... .............3-33 3-I.G. Full -Time Student ......................... ......... .............. ____ ...... ....3-33 3-I.H. Elderly And Near -Elderly Persons, And Elderly Family ............3-33 Elderly Persons ....................................... ........... ................. 3-33 Near -Elderly Persons ........................ .................................. 3-33 Elderly Family.......................................................................3-33 3-I.I, Persons With Disabilities And Disabled Family ................. ........ 3-34 Persons with Disabilities.......................................................3-34 Disabled Family................................................................ ....3-34 3-I.J. Guests [24 CFR 5.100]..............................................................3-34 3.I.K. Foster Children And Foster Adults.............................................3-35 3-I1. Absent Family Members ........................ ......................... ...........3-35 Definitions of Temporarily and Permanently Absent ............3-35 Absent Students...................................................................3-36 Absences Due to Placement in Foster Care ........................3-36 Absent Head, Spouse, or Cohead........................................3-36 Family Members Permanently Confined for Medical Reasons 3-36 Return of Permanently Absent Family Members..................3-37 3-I.M. Live -In Aide................................................................................3-37 TOC -3 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART II: BASIC ELIGIBILITY CRITERIA .......................... .......... ........... ,,,............. 3-39 3-II.A. Income Eligibility And Targeting................................................3-39 Formsof Denial ... .... ....... ......................... ........... ................. IncomeLimits ......... ....... ..................................... ....... ........... 3-39 Prohibited Reasons for Denial of Assistance .............. ...... ..3-49 Definitions of the Income Limits ........... .....„.,....,.................. 3-39 Mandatory Denial Of Assistance.,...µ.........,„............................3-50 Using Income Limits for Eligibility ............. ........... ................ 3-39 Other Permitted Reasons For Denial Of Assistance.... ... .... Using Income Limits for Targeting ........ ................................ 3-40 3-11.B. Citizenship Or Eligible Immigration Status ........................... 3-40 Screening .......... ............. .....3-52 Declaration.................................... ...................................... 3-40 Screening for Eligibility.........................................................3-52 Mixed Families ....... ............. ................................ .................. 3-42 Screening for Suitability as a Tenant...................................3-53 Ineligible Families .............................. .................. ................ 3-42 Criteria For Deciding To Deny Assistance.................................3-54 Timeframe for Determination of Citizenship Status ............. 3-42 3-11. C. Social Security Numbers .......................................... ....... ......... 3-43 3-11. D. Family Consent To Release Of Information .................. ___ ... 3-43 3-11. E. Students enrolled in institutions of Higher Education ........ ..... .3-43 3-55 PART III: DENIAL OF ASSISTANCE .... ............ ........... ................................. ..........3-47 3 -III .A. Overview ............................... .. ... . .......................................... 3-47 Formsof Denial ... .... ....... ......................... ........... ................. 3-49 Prohibited Reasons for Denial of Assistance .............. ...... ..3-49 3-III.B. Mandatory Denial Of Assistance.,...µ.........,„............................3-50 3-III.C. Other Permitted Reasons For Denial Of Assistance.... ... .... 3-51 Criminal Activity...................................................................3-51 3-III.D. Screening .......... ............. .....3-52 Screening for Eligibility.........................................................3-52 Screening for Suitability as a Tenant...................................3-53 3-III.E. Criteria For Deciding To Deny Assistance.................................3-54 Evidence.................................. ...... .......................... .......... 3-54 Consideration of Circumstances..............„.,,,.....,..,..,,.,,.,,,.3-54 Removal of a Family Member's Name from the Application 3-55 Reasonable Accommodation ...... 3-III.F. Notice Of Eligibility Or Denial ............. ........................ ,,,,..,.,,..,...3-56 3-III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking ......... 3-57 Notification ............................ . . .. . . ........ . . . . . ...............3-57 Victim Documentation .......... ............ .......................... 3-57 Perpetrator Documentation_ .. ... ...... ..... . ...... ................3-57 Exhibit 3-1: Detailed Definitions Related To Disabilities... ... ................ 3-59 Person with Disabilities .... ............................ ....................... 3-59 Individual with Handicaps . ...... ............................................. 3-60 Exhibit 3-2: Definition of Institution of Higher Education ...... ...................3-62 TOC -4 Admin Plan 2/17/2016 Baldwin Park Housing Authority 4-I I.A. Administrative Plan -Table of Contents ......,......4-71 Chapter 4 Organization Of The Waiting List ................. .............. APPLICATIONS, WAITING LIST AND TENANT SELECTION 4-11. C. PART 1: THE APPLICATION PROCESS...............................................................4-69 ,..... 4-72 4-I.A. Overview............................................................. . ... . ................... 469 4-I.B. Applying For Assistance............................................................469 4-I.C. Accessibility Of The Application Process .............. .a.,................. 4-69 Elderly and Disabled Populations ............................. ...........4-69 ................. 4-73 Limited English Proficiency .......................... .............. ..........4-70 Reporting Changes In Family Circumstances............................4-74 4-I.D. Placement On The Waiting List.................................................4-70 4-11. F. Ineligible for Placement on the Waiting List ..........................4-70 .....4-74 Eligible for Placement on the Waiting List ............. ....... ........4-70 Removing applicant names from the waiting list PART II: MANAGING THE WAITING LIST .................................... ..... .................... 4-71 4-I I.A. Overview........................................................................ ......,......4-71 4-11.13. Organization Of The Waiting List ................. .............. ............... 4-71 4-11. C. Opening And Closing The Waiting List ...... ...........A,............ ,..... 4-72 Closing the Waiting List .............................. ................... ....... 4-73 Cross -listing of Public Housing and Section 8 Waiting Lists.4-73 4-11. D. Family Outreach ...... ....... ........ ................................. ................. 4-73 4-11. E. Reporting Changes In Family Circumstances............................4-74 4-11. F. Updating The Waiting List .................................................... .....4-74 Removing applicant names from the waiting list ............. ..... 4-74 Reinstatement of Applicants.................................................4-75 PART III: SELECTION FOR HCV ASSISTANCE ..................... ..........................4-75 4 -III .A. Overview ............................................ 4-111.6. Selection And HCV Funding Sources .... ................ .................... 4-76 Special Admissions ...................... ........ ................................ 4-76 Targeted Funding ...... ..................... .,,.................................. 4-76 Regular HCV Funding., ............. ........... 4-76 4-III.C. Selection Method ..................................................... ....... ........... 4-76 Local Preferences .................................. ......... .................... 4-76 Income Targeting Requirement .............. ............................. 4-77 Order of Selection .................................... ___ ..................... 4-78 4-III.D. Notification Of Selection ...................................... ...................... 4-78 4-III.E. The Application Interview .............................. .............n............... 4-79 4-III.F. Completing The Application Process ............ ............................. 4-80 TOC -5 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE PART I: BRIEFINGS AND FAMILY OBLIGATIONS................. ............................. 5-83 5-I.A. Overview...................................... ......... ___ ...... .............. ..... ...5-83 5-I.B. Briefing................................... ..................................... ............ ..5-84 Notification and Attendance.,. ....................... _ 5-84 OralBriefing ............................... ....... ...... 5-84 Briefing Packet..................................... ..... .......................5-84 Additional Items to be Included in the Briefing Packet .......... 5-86 5-I.C. Family Obligations....................................................................5-87 Time Frames for Reporting Changes Required By Family Obligations...........................................................................5-87 Family Obligations............................................................. ...5-87 PART ll: SUBSIDY STANDARDS AND VOUCHER ISSUANCE............................5-'S6 5-I I .A. Overview.................................................................................... 5-56 5-11.B. Determining Family Unit (Voucher) Size...................................5-g6 5-11. C. Exceptions To Subsidy Standards.............................................5-g1 5-11. D. Voucher Issuance .................................................... ..............5-92. 5-11. E. Voucher Term, Extensions, And Suspensions ..................... ...... 5-g3 VoucherTerm.....................................................................5-g3 Extensions of Voucher Term...............................................5-"g3 Suspensions of Voucher Term............................................5-g4 Expiration of Voucher Term..................................................5-54 TOC -6 Admin Plan 2/17/2016 TOC -7 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 6 INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] PARTI: ANNUAL INCOME...................................................................................6-96 6-I.A. Overview....................................................................................6-96 6-I.B. Household Composition And Income ........................................6-97 Summary of Income Included and Excluded by Person .......6-97 Temporarily Absent Family Members...................................6-98 6-I.C. Anticipating Annual Income......................................................6-98 Basis of Annual Income Projection.......... ............... .............. 6-98 Projecting Income................................. ..........6-99 6-I.D. Earned Income..................................................... ............... ....6-100 Types of Earned Income Included in Annual Income ......... 6-100 Types of Earned Income Not Counted in Annual Income ... 6-100 6-I.E. Earned Income Disallowance For Persons With Disabilities ...6-103 Eligibility.............................................................................6-103 Calculation of the Disallowance.........................................6-104 6-I.F. Business Income....................................................................6-105 Business Expenses............................................................6-105 Business Expansion...........................................................6-105 Capital Indebtedness..........................................................6-105 Negative Business Income.................................................6-106 Withdrawal of Cash or Assets from a Business..................6-106 Co-owned Businesses,.... .... ...... ..... _.____6-106 6-I.G. Assets.................................... ........... ............... ............. .......... 6-106 Overview............................................................................6-106 General Policies.................................................................6-107 Typesof Assets..................................................................6-110 6-I.H, Periodic Payments...................................................................6-114 Periodic Payments Included. in Annual Income ..................6-114 Lump-Sum Payments for the Delayed Start of a Periodic Payment.............................................................................6-115 Periodic Payments µExcluded from Annual Income.............6-115 6-I.I. Payments In Lieu Of Earnings.................................................6-116 6-I.J. Welfare Assistance..................................................................6-116 Overview............................................................................6-116 Sanctions Resulting in the Reduction of Welfare Benefits .6-116 6-I.K. Periodic And Determinable Allowances.................................. 6-117 Alimony and Child Support ..................... ............... ............. 6-117 Regular Contributions or Gifts............................................6-118 6-I.L. Student Financial Assistance....................... ............. ............... 6-118 6-I.M. Additional Exclusions from Annual Income ..... ....,.................6-119 TOC -7 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART II: ADJUSTED INCOME ................................ ...... ,..,,.....,................... 6-123 6-I I.A. Introduction ................................. ............................................. 6-123 Overview...................................... ...................................... 6-123 Anticipating Expenses .............. ................... ....................... 6-123 6-11. B. Dependent Deduction..............................................................6-124 6-11. C. Elderly Or Disabled Family Deduction.....................................6-124 6-11. D. Medical Expenses Deduction.................................................6-124 Definition of Medical Expenses..........................................6-124 Summary of Allowable Medical Expenses from IRS Publication502...................................................................6-125 6-11. E. Disability Assistance Expenses Deduction ..............................6-125 Overview Of Rent And Subsidy Calculations ...........................6-131 Earned Income Limit on the Disability Assistance Expense Deduction...........................................................................6-125 TTPFormula .................. ......... ....................... ........ ........ .w.,6-131 Eligible Disability Expenses................................................6-126 Necessary and Reasonable Expenses...............................6-127 Families That Qualify for Both Medical and Disability PHASubsidy ............. ............................ ............ ....... ........ .6-132 Assistance Expenses.........................................................6-127 6-11. F. Child Care Expense Deduction................................................6-127 Clarifying the Meaning of Child for This Deduction ............6-128 Financial Hardships Affecting Minimum Rent .........................6-132 Qualifying for the Deduction...............................................6-128 6-III.C. Earned Income Limit on Child Care Expense Deduction .... 6-129 Eligible Child Care Expenses.............................................6-130 Overview............................................................................6-134 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY .........................6-131 6-III.A. Overview Of Rent And Subsidy Calculations ...........................6-131 TTPFormula .................. ......... ....................... ........ ........ .w.,6-131 FamilyShare ............. .................................... ........... ..........6-131 PHASubsidy ............. ............................ ............ ....... ........ .6-132 Utility Reimbursement ..... .................................................6-132 6-III.B. Financial Hardships Affecting Minimum Rent .........................6-132 6-III.C. Applying Payment Standards.................................................6-134 Overview............................................................................6-134 Changes in Payment Standards.........................................6-135 6-III.D. Applying Utility Allowances.....................................................6-136 Overview............................................................................6-136 Reasonable Accommodation.............................................6-136 Utility Allowance Revisions.................................................6-137 6-III.E. Prorated Assistance For Mixed Families................................6-137 TOC -8 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Exhibit 6-1: Annual Income Inclusions ........................... ......... .................................. 6-138 HHS Definition Of "Assistance"..............................................................6-139 Exhibit 6-2: Annual Income Exclusions ..................................... ................................ 6-140 Exhibit 6-3: Treatment Of Family Assets .................................................. ............ ..... 6-143 Exhibit 6-4: Earned Income Disallowance For Persons With Disabilities,_. ...... 6-144 Exhibit 6-5: The Effect Of Welfare Benefit Reduction ............................... ................ 6-146 TOC -9 Admin Plan 2/17/2016 PART II, VERIFYING FAMILY INFORMATION ...................................... .......... .... Baldwin Park Housing Authority 7-II.A. Verification Of Legal Identity ......................................... ___ ... Administrative Plan -Table of Contents 7-II.B. Social Security Numbers ......... ................... ......... .......... ..... ....7-156 Chapter 7 7-II.C. Documentation Of Age ....... .......................... .................... ........7-158 VERIFICATION 7-II.D. Family Relationships ..... ................. ......................... ................. [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.2301 PART I. GENERAL VERIFICATION REQUIREMENTS.................. .................... 7-149 7-I.A. Family Consent To Release Of Information ......... .................... 7-149 Consent Forms ................................................... ................ 7-149 Penalties for Failing to Consent.................... .................... 7-150 7-I.B. Overview Of Verification Requirements................ .......... ......... 7-150 7-11. F. HUD's Verification Hierarchy........................... ................... 7-150 Requirements for Acceptable Documents ......... ................. 7-150 File Documentation ..................... ............................... ........ 7-151 7-I.C. Up-Front Income Verification(UIV)..........................................7-151 7-162 EIV Income Reports.......................... ....... ..... .,.w................. 7-152 Upfront Income Verification Using Non-HUD Systems 7-162 (Optional) ................ .......... ................................. ___ ...... .... 7-153 7-I.D. Third-Party Written And Oral Verification................... ____ ... 7-153 7-163 Written Third-Party Verification..........................................7-153 Oral Third-Party Verification...................................... ___.7-154 When Third-Party Verification is Not Required..... ....... .......7-154 7-I.E. Self-Certification......................................................................7-155 PART II, VERIFYING FAMILY INFORMATION ...................................... .......... .... 7-156 7-II.A. Verification Of Legal Identity ......................................... ___ ... 7-156 7-II.B. Social Security Numbers ......... ................... ......... .......... ..... ....7-156 7-II.C. Documentation Of Age ....... .......................... .................... ........7-158 7-II.D. Family Relationships ..... ................. ......................... ................. 7-158 Marriage.................... ___ ................... ................ .............. 7-158 Separation or Divorce ....... ................................ .................. 7-158 Absence of Adult Member ......................... w.., ....... ,...,,........ 7-159 Foster Children and Foster Adults .............. ............ ............ 7-159 7-II.E. Verification Of Student Status ............. ..................................... 7-159 7-11. F. Documentation Of Disability .............. ........... ........................... 7-161 Family Members Receiving SSA Disability Benefits ........... 7-161 Family Members Not Receiving SSA Disability Benefits ....7-162 7-II.G. Citizenship Or Eligible Immigration Status.,... ............... 7-162 Overview................................................. ............................ 7-162 U.S. Citizens and Nationals.. .... .......... ........... ................ 7-162 Eligible Immigrants .............................. ...........n................... 7-163 7-II.H. Verification Of Preference Status ... ......................................... 7-163 TOC -10 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART III. VERIFYING INCOME AND ASSETS.....................................................7-163 7-III.A. Earned Income........................................................................7-163 7-170 Tips....................................................................................7-163 7-111. B. Business And Self Employment Income..................................7-164 7-111. C. Periodic Payments And Payments In Lieu Of Earnings ........... 7-165 Social Security/SSI Benefits...............................................7-165 7 -IIID. Alimony Or Child Support ........................................................7-165 7-111. E. Assets And Income From Assets.............................................7-166 Assets Disposed of for Less than Fair Market Value .......... 7-166 7-111. F. Net Income From Rental Property...........................................7-166 7-IV.C. 7-III.G. Retirement Accounts...............................................................7-167 Amount of Expense............................................................7-172 7-111. H. Income From Excluded Sources..............................................7-167 7-III.I. Zero Annual Income Status.....................................................7-168 7-III.J. Student Financial Assistance .......................................... 7-168 7-111. K. Parental Income of Students Subject to Eligibility Restrictions7-169 PART IV. VERIFYING MANDATORY DEDUCTIONS...........................................7-170 7-IV.A. Dependent And Elderly/Disabled Household Deductions ........ 7-170 Dependent Deduction.........................................................7-170 Elderly/Disabled Family Deduction.....................................7-170 7-IV.B. Medical Expense Deduction....................................................7-170 Amount of Expense............................................................7-170 Eligible Household..............................................................7-171 Qualified Expenses............................................................7-171 Unreimbursed Expenses....................................................7-171 Expenses Incurred in Past Years.......................................7-171 7-IV.C. Disability Assistance Expenses...............................................7-172 Amount of Expense............................................................7-172 Family Member is a Person with Disabilities ......................7-173 Family Member(s) Permitted to Work.................................7-173 Unreimbursed Expenses....................................................7-173 7-IV.D. Child Care Expenses...............................................................7-173 Eligible Child......................................................................7-174 Unreimbursed Expense......................................................7-174 Pursuing an Eligible Activity..............................................7-174 Allowable Type of Child Care.............................................7-175 Reasonableness of Expenses............................................7-175 Exhibit 7-1: Summary Of Documentation Requirements For Noncitizens ................7-176 TOC -11 Admin Plan 2/17/2016 PART II°. THE INSPECTION PROCESS..............................................................8-185 Baldwin Park Housing Authority 8-II.A. Overview ........................................... ...................................... Administrative Plan -Table of Contents Types of Inspections .................... ...................................... Chapter 8 HOUSING QUALITY STANDARDS AND RENT REASONABLENESS InspectionCosts.................................................................8-185 DETERMINATIONS Notice and Scheduling.......................................................8-186 [24 CFR 982 Subpart I and 24 CFR 982.5071 PART I: PHYSICAL STANDARDS......................................................................8-179 8.I.A. General HUD Requirements....................................................8-179 HUD Performance and Acceptability Standards.................8-179 Tenant Preference Items....................................................8-179 Utilities.................................... :........................................... 8-187 Modifications to Provide Accessibility.................................8-180 Appliances..........................................................................8-187 8.1.B. Additional Local Requirements................................................8-180 Thermal Environment........................................................8-180 8-11. D. Clarifications of HUD Requirements...................................8-181 8-188 8.I.C. Life Threatening Conditions.... .................. ................... ........... 8-182 8-I.D. Owner And Family Responsibilities........................................8-183 Family Responsibilities.......................................................8-183 HAPContract...........................................................................8-189 Owner Responsibilities.......................................................8-183 8-I-E. Special Requirements For Children With Environmental Extensions....... .............................. ................ ..................... Intervention Blood Lead Level................................................8-183 8-1-F. Violation Of HQS Space Standards........................................8-184 8.II.G. PART II°. THE INSPECTION PROCESS..............................................................8-185 8-II.A. Overview ........................................... ...................................... 8-185 Types of Inspections .................... ...................................... 8-185 Inspection of PHA -owned Units ... ........ .......... .................... 8-185 InspectionCosts.................................................................8-185 Notice and Scheduling.......................................................8-186 Owner and Family Inspection Attendance ..........................8-186 8-11.B. Initial HQS Inspection.............................................................8-186 Timing of Initial Inspections................................................8-186 Inspection Results and Reinspections................................8-187 Utilities.................................... :........................................... 8-187 Appliances..........................................................................8-187 8.II.C. Annual HQS Inspections.........................................................8-188 Scheduling the Inspection..................................................8-188 8-11. D. Special Inspections .... ....... ............. ....... ................ ....... ........... 8-188 8-11. E. Quality Control Inspections......................................................8-189 8.II.F. Inspection Results And Reinspections For Units Under HAPContract...........................................................................8-189 Notification of Corrective Actions.......................................8-189 Extensions....... .............................. ................ ..................... 8-190 Reinspections.....................................................................8-190 8.II.G. Enforcing Owner Compliance ................... ...............................8-191 HAPAbatement ............................................. ................ .... 8-191 HAP Contract Termination ............................ .......... ....... ....8-191 8.II.H. Enforcing Family Compliance With HQS............. ........... ....... ..8-191 TOC -12 Admin Plan 2/17/2016 TOC -13 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART III: RENT REASONABLENESS.................................................................8-192 8-I I I.A. Overview..................................................................................8-192 8-III.B. When Rent Reasonableness Determinations Are Required ....8-192 Owner-initiated Rent Determinations.............. ....... ___ ... ..8-192 PHA- and HUD-Initiated Rent Reasonableness Determinations8-193 LIHTC- and HOME-Assisted Units ..............................8-193 8-III.C. How Comparability Is Established...........................................8-194 Factors to Consider............................................................8-194 Units that Must Not be Used as Comparables ...................8-194 Rents Charged for Other Units on the Premises ................8-194 8-III.D. PHA Rent Reasonableness Methodology................................8-195 How Market Data is Collected............................................8-195 How Rents are Determined................................................8-195 Exhibit 8-1: Overview Of HUD Housing Quality Standards.....,.... ..............................8-196 Exhibit 8-2: Summary Of Tenant Preference Areas Related To Housing Quality .....8-199 Chapter 9 GENERAL LEASING POLICIES 9-I.A. Tenant Screening...................................................... ........ ......9-202 9-I.B. Requesting Tenancy Approval................................... ......... ....9-203 9-I.C. Owner Participation................................. ................ ____ ..... 9-204 9-I.D.. Eligible Units ........................... ..................9-205 Ineligible Units .................................. ............. ................ ..9-205 Special Housing Types..... ____ ........... ............................. 9-205 Duplicative Assistance........................ .............................. 9-205 Housing Quality Standards (HQS)....... .............................. 9-206 UnitSize ........................................................ ..................... 9-206 Rent Reasonableness.......................... ................. ............ 9-206 RentBurden.......................................... ............. ............... 9-206 9-I.E. Lease And Tenancy Addendum................ ............... ......... ..... ..9-207 Lease Form and Tenancy Addendum... .................. ....... ...9-207 Lease Information ................................ ....... .............. .........9-207 Term of Assisted Tenancy........................ .............. ............ 9-208 Security Deposit................................... ......... ............... .....9-208 Separate Non-Lease Agreements between Owner and Tenant9-208 PHA Review of Lease........................................................9-209 9-I.F. Tenancy Approval...................................................................9-209 9-I.G, HAP Contract Execution.........................................................9-210 9-I.H. Changes In Lease Or Rent.....................................................9-212 TOC -13 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 10 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY PART I. MOVING WITH CONTINUED ASSISTANCE......................................10-213 10-I.A. Allowable Moves....................................................................10-213 10-I.B. Restrictions On Moves...........................................................10-214 Denialof Moves...............................................................10-214 Restrictions on Elective Moves........................................10-215 10-I.C. Moving Process.....................................................................10-216 Notification.......................................................................10-216 Approval...........................................................................10-216 Reexamination of Family Income and Composition .........10-216 Voucher Issuance and Briefing........................................10-217 Housing Assistance Payments........................................10-217 PARTII: PORTABILITY......................................................................................10-217 10-I I .A. Overview .......................... . 10-II.B. Initial PHA Role.....................................................................10-218 Allowable Moves under Portability...................................10-218 Determining Income Eligibility..........................................10-219 Reexamination of Family Income and Composition .........10-219 Briefing.............................................................................10-220 Voucher Issuance and Term............................................10-220 Voucher Extensions and Expiration.................................10-220 Preapproval Contact with the Receiving .....................10-220 Initial Contact with the Receiving PHA .............................10-221 Sending Documentation to the Receiving PHA ................10-221 Initial Billing Deadline......................................................10-222 Monthly Billing Payments................................................10-222 Annual Updates of Form HUD -50058 ...............................10-223 Denial or Termination of Assistance.................................10-223 10-II.C. Receiving PHA Role..............................................................10-224 Initial Contact with Family.................................................10-224 Briefing.............................................................................10-225 Income Eligibility and Reexamination...............................10-225 Voucher Issuance............................................................10-225 Notifying the Initial PHA....................................................10-227 Administering a Portable Family's Voucher......................10-227 Absorbing a Portable Family............................................10-230 TOC -14 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 11 REEXAMINATIONS PART I- ANNUAL REEXAMINATIONS............................................................11-231 11-I.A. Overview................................................................................11-231 11-I.B. Scheduling Annual Reexaminations......................................11-231 Notification of and Participation in the Annual Reexamination Process............................................................................11-232 11-I.C. Conducting Annual Reexaminations......................................11-233 11-I.D. Determining ongoing eligibility of certain students.................11-234 11-1. E. Effective Dates.........................................................11-235 PART II: INTERIM REEXAMINATIONS............................................................11-236 11-I I.A. Overview................................................................................11-236 11-II.B. Changes In Family And Household Composition ..................11-236 New Family Members Not Requiring Approval.................11-236 New Family and Household Members Requiring Approval11-237 Departure of a Family or Household Member ..................11-238 11-II.C. Changes Affecting Income Or Expenses...............................11-238 PHA -Initiated Interim Reexaminations..............................11-238 Family -Initiated Interim Reexaminations ..........................11-239 11-II.D. Processing The Interim Reexamination.................................11-240 Method of Reporting.........................................................11-240 Effective Dates.................................................................11-241 PART III- RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT ... ....... 11-242 11-I I I.A. Overview............................................................ 11-242 11-111.6. Changes In Payment Standards And Utility Allowances- .,..,.11-242 Payment Standards ................................................... ....... 11-242 Subsidy Standards..........................................................11-243 Utility Allowances............................................................11-243 11-III.C. Notification Of New Family Share And HAP Amount.............11-243 11-I I I. D. Discrepancies........................................................................11-244 TOC -15 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 12 TERMINATION OF ASSISTANCE AND TENANCY PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...........................12-245 12-I I .A. 12-I.A. Overview................................................................................12-245 12-11.13. 12-1.13. Family No Longer Requires Assistance................................12-245 12-II.C. 12-I.C. Family Chooses To Terminate Assistance ............................12-246 12-I.D. Mandatory Termination Of Assistance...................................12-246 Change in Household Composition..................................12-254 Eviction............................................................................12-246 Criteria For Deciding To Terminate Assistance .....................12-255 Failure to Provide Consent .............. .................. .............. 12-247 Failure to Document Citizenship......................................12-247 Consideration of Circumstances...............................12-255 Failure to Provide Social Security Documentation ..........12-247 Reasonable Accommodation..........................................12-256 Methamphetamine Manufacture or Production ...............12-248 Terminations related to Domestic Violence, Dating Violence, 12-I.E. Mandatory Policies And Other Authorized Terminations .......12-249 Mandatory Policies..........................................................12-249 Limitations on VAWA Protections...............................12-257 Other Authorized Reasons for Termination of Assistance 12-250 PART W APPROACH TO TERMINATION OF ASSISTANCE ............................12-253 12-I I .A. Overview................................................................................12-253 12-11.13. Method Of Termination.........................................................12-253 12-II.C. Alternatives To Termination Of Assistance ............................12-253 Counseling Sessions...............................................12-253 Change in Household Composition..................................12-254 12-II.D. Criteria For Deciding To Terminate Assistance .....................12-255 Evidence ......................... ............... ...12-255 Consideration of Circumstances...............................12-255 Reasonable Accommodation..........................................12-256 12-II.E. Terminations related to Domestic Violence, Dating Violence, Sexual Assault, or Stalking..................................................12-256 VAWA Protections against Termination ...........................12-256 Limitations on VAWA Protections...............................12-257 Documentation of Abuse..............................A,,,.,.......12-258 Terminating the Assistance of a Domestic Violence Perpetrator ................. . ..........................................12-259 12-II.F. Termination Notice ............. ............................... .................... 12-260 TOC -16 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART III: TERMINATION OF TENANCY BY THE OWNER................................12-261 12 -III .A. Overview................................................................................12-261 12-III.B. Grounds For Owner Termination Of Tenancy ........................ 12-261 Serious or Repeated Lease Violations .............................12-261 Violation of Federal, State, or Local Law..........................12-261 Criminal Activity or Alcohol Abuse....................................12-261 Other Good Cause...........................................................12-262 12-III.C. Eviction.................................................................................12-263 12-III.D. Deciding Whether To Terminate Tenancy ........................12-263 12-III.E. Effect Of Termination Of Tenancy On The Family's Assistance 12-264 Exhibit 12-1: Statement Of Family Obligations.......................................................12-265 Chapter 13 OWNERS PART I. OWNERS IN THE HCV PROGRAM ................... ....................13-269 13-I.A. Owner Recruitment And Retention.......................................13-269 PART II. HAP CONTRACTS ................................... ...... ...,,........ ...,.......... 13-277 13-II.A. Overview .................................... ........,....,..,......... ......... 13-277 13-II.B. HAP Contract Contents ...... .................................... ............... 13-277 13-II.C. HAP Contract Payments ..... ...................... .................. ........... 13-278 General................................. ........................................... 13-278 Owner Certification of Compliance. ........... .... 13-279 Late HAP Payments .................................. .................... .,..13-279 Termination of HAP Payments ............. ...13-280 13-II.D. Breach Of HAP Contract ..................... .......................... ........13-280 13-II.E. HAP Contract Term And Terminations_ 13-281 13-II.F. Change In Ownership /Assignment Of The HAP Contract ...13-283 13-II.G. Foreclosure........ ......,............. .................13-284 TOC -17 Admin Plan 2/17/2016 Recruitment ................. Retention....................................................... . ..................13-270 13-I.B. Basic HCV Program Requirements ............. .......................... 13-271 13-I.C. Owner Responsibilities ............................... .......................... 13-272 13-I.D. Owner Qualifications ............................. ................................ 13-273 Owners Barred from Participation ... ........................... 13-273 Leasing to Relatives a ................ ....................................... 13-273 Conflict of Interest .......... ............v,..,.,...,.......................... 13-273 Owner Actions That May Result in Disapproval of a Tenancy Request...........................................................................13-275 Legal Ownership of Unit...................................................13-276 13-I.E. Non -Discrimination ................................. ................ ___ ....... 13-276 PART II. HAP CONTRACTS ................................... ...... ...,,........ ...,.......... 13-277 13-II.A. Overview .................................... ........,....,..,......... ......... 13-277 13-II.B. HAP Contract Contents ...... .................................... ............... 13-277 13-II.C. HAP Contract Payments ..... ...................... .................. ........... 13-278 General................................. ........................................... 13-278 Owner Certification of Compliance. ........... .... 13-279 Late HAP Payments .................................. .................... .,..13-279 Termination of HAP Payments ............. ...13-280 13-II.D. Breach Of HAP Contract ..................... .......................... ........13-280 13-II.E. HAP Contract Term And Terminations_ 13-281 13-II.F. Change In Ownership /Assignment Of The HAP Contract ...13-283 13-II.G. Foreclosure........ ......,............. .................13-284 TOC -17 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 14 PROGRAM INTEGRITY PART I; PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAMABUSE.............................................................................14-286 14-290 14-I.A. Preventing Errors And Program Abuse.................................14-286 Subsidy Under- Or Overpayments ..... ........... ............... .......... 14-I.B. Detecting Errors And Program Abuse...................................14-287 Quality Control and Analysis of Data................................14-287 14-290 Independent Audits and HUD Monitoring .........................14-288 Reimbursement ................... Individual Reporting of Possible Errors and Program Abuse14-288 14-I.C. Investigating Errors And Program Abuse................................14288 Family -Caused Errors And Program Abuse ...........................14-290 When the PHA Will Investigate........................................14-288 Consent to Release of Information..................................14-288 Analysis and Findings......................................................14-289 PHA Reimbursement to Family.......................................14-291 Consideration of Remedies..............................................14-289 Notice and Appeals..........................................................14-289 PART II CORRECTIVE MEASURES AND PENALTIES ...................... .............. 14-290 14-II.A. Subsidy Under- Or Overpayments ..... ........... ............... .......... 14-290 Corrections.......................................... ............ ................. 14-290 Reimbursement ................... 14-II.B. Family -Caused Errors And Program Abuse ...........................14-290 Family Reimbursement to PHA.......................................14-290 PHA Reimbursement to Family.......................................14-291 Prohibited Actions............................................................14-291 Penalties for Program Abuse ....................................... .... 14-291 14-II.C. Owner -Caused Error Or Program Abuse...............................14-292 Owner Reimbursement to the PHA..................................14-292 Prohibited Owner Actions ............................................. .... 14-292 Remedies and Penalties .............................................. .... 14-293 14-II.D. PHA -Caused Errors Or Program Abuse................................14-293 Repayment to the PHA.....................................................14-293 PHA Reimbursement to Family or Owner .................... .... 14-293 Prohibited Activities..........................................................14-294 14-II.E. Criminal Prosecution........................................................ ..... 14-294 14-II1. Fraud And Program Abuse Recoveries ............................. .... 14-294 TOC -18 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 15 SPECIAL HOUSING TYPES [24 CFR 982 Subpart M] PART I. SINGLE ROOM OCCUPANCY...........................................................15-297 15-I.A. Overview................................................................................15-297 15-I.13. Payment Standard, Utility Allowance, And HAP Calculation.. 15-297 15-I.C. Housing Quality Standards(HQS).........................................15-297 PART 11. CONGREGATE HOUSING.................................................................15-298 15-I I .A. Overview................................................................................15-298 15-V.C. Housing Quality Standards....................................................15-303 15-11.B. Payment Standard, Utility Allowance, And HAP Calculation.. 15-298 15-II.C. Housing Quality Standards....................................................15-299 15-VI.B. Special Policies For Manufactured Home Owners PARTIII. GROUP HOME...................................................................................15-299 15 -III .A. Overview................................................................................15-299 Lease and HAP Contract..................................................15-304 15-111.6. Payment Standard, Utility Allowance, And HAP Calculation.. 15-300 15-III.C. Housing Quality Standards....................................................15-300 UtilityAllowance...............................................................15-304 PART IV. SHARED HOUSING ................... _...................... ............... .,........15-301 SpaceRent......................................................................15-304 15 -IV. I. Overview ........... ..... ........................ ................. ........ ____ .... 15-301 15-IV.B. Payment Standard, Utility Allowance And HAP Calculation... 15-302 15-IV.C. Housing Quality Standards....................................................15-302 PART V. COOPERATIVE HOUSING................................................................15-303 15-V.A. Overview................................................................................15-303 15-V.B. Payment Standard, Utility Allowance And HAP Calculation... 15-303 15-V.C. Housing Quality Standards....................................................15-303 PART VI. MANUFACTURED HOMES .................... _...... .................... ...............15-303 15 -VI .A. Overview................................................................................15-303 15-VI.B. Special Policies For Manufactured Home Owners Who Lease A Space..............................................................15-304 FamilyIncome..................................................................15-304 Lease and HAP Contract..................................................15-304 15-VI.C. Payment Standard, Utility Allowance And HAP Calculation... 15-304 Payment Standards..........................................................15-304 UtilityAllowance...............................................................15-304 SpaceRent......................................................................15-304 Housing Assistance Payment...........................................15-304 Rent Reasonableness......................................................15-305 15-VI.D. Housing Quality Standards....................................................15-305 PARTVII. HOMEOWNERSHIP...........................................................................15-305 15-VII.A.Overview...............................................................................15-305 15-VII.B. Family Eligibility....................................................................15-306 15-VII.C. Selection Of Families............................................................15-307 15-VII.D.Eligible Units.........................................................................15-307 15-VII.E.Additional PHA Requirements For Search And Purchase ....15-308 TOC -19 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents 15-VII.F. Homeownership Counseling ................. .......... ___ ......... ...15-308 15-VII.G.Home Inspections, Contract Of Sale, And PHA Disapproval Of Seller....................................................................................15-309 Home Inspections.............................................................15-309 Contract of Sale...............................................................15-309 Disapproval of a Seller.....................................................15-310 15-VII.H.Financing [24 CFR 982.632] ..................................................15 -310 15-VII.I. Continued Assistance Requirements; Family Obligations ....15-310 15 -VI I.J. Maximum Term Of Homeowner Assistance .....................15-311 15-VII.K. Homeownership Assistance Payments And Homeownership Expenses.......................................... ____ .... ......... ............ 15-312 15-VII.L. Portability.................................................................... _......15-313 15-VII.M. Moving With Continued Assistance.__. .... .... 15-314 15-VII.N. Denial Or Termination Of Assistance...................................15-314 TOC -20 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents CHAPTER 16 PROGRAM ADMINISTRATION PART I: ADMINISTRATIVE FEE RESERVE .................................. ____ .... ...16-316 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES......... ...... _ _ 16-316 16-I I.A. Overview ............................................... , , , , .16-316 Overview ..................................... ......... ...... ....... .....................16-321 16-11.B. Payment Standards ..................... ...........a,..,.,....,.,..s.... ...16-317 16-III.B. Updating Payment Standards..........................................16-317 Exception Payment Standards ..... ........ ............ ..............16-319 Decisions Subject to Informal Review .............................16-322 Unit -by -Unit Exceptions ... ....... ................ .........................16-319 "Success Rate" Payment Standard Amounts ..................16-319 Decreases in the Payment Standard Below the Basic Range 16-320 16-II.C. Utility Allowances..................................................................16-320 Air Conditioning................................................................16-321 Reasonable Accommodation...........................................16-321 Informal Review Decision................................................16-323 Utility Allowance Revisions...............................................16-321 16-III.C. PART III: INFORMAL REVIEWS AND HEARINGS.............................................16-321 16-I I I.A. Overview ..................................... ......... ...... ....... .....................16-321 16-III.B. Informal Reviews...................................................................16-322 Decisions Subject to Informal Review .............................16-322 Notice to the Applicant....................................................16-322 Scheduling an Informal Review........................................16-323 Informal Review Procedures...........................................16-323 Informal Review Decision................................................16-323 16-III.C. Informal Hearings For Participants .......................... ...,.,,...... 16-324 Decisions Subject to Informal Hearing ......... .... ................ 16-324 Informal Hearing Procedures...........................................16-326 16-III.D, Hearing And Appeal Provisions For Non -Citizens ................16-331 Notice of Denial or Termination of Assistance ......... ........ 16-332 USCIS Appeal Process .................................. .,,,.,....... ..... 16-332 Informal Hearing Procedures for Applicants ... ... ..... ......... 16-333 Informal Hearing Procedures for Residents .... ......... ....... 16-334 Retention of Documents ................................... ............... 16-334 TOC -21 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART IV: OWNER OR FAMILY DEBTS TO THE PHA........................................16-335 16-IV.A. Overview................................................................................16-335 16 -IX D. Documentation............................................................16-352 16-IV.B. Repayment Policy..................................................................16-335 Owner Debts to the PHA..................................................16-355 Family Debts to the PHA..................................................16-336 Repayment Agreement...................................................16-336 Repayment Agreement Guidelines..................................16-336 PART V: MANAGEMENT ASSESSMENT (SEMAP),, .............. 16-338 16-V.A. Overview..,....r.................... .............................................. ...... 16-338 16-V.B. SEMAP Certification ........... ............... .............. .............. .......16-339 HUD Verification Method... .......... ........ 16-339 16-V.C. SEMAP Indicators................................................................16-340 SEMAP Indicators Chart..................................................16-340 PART VI: RECORD KEEPING .......... ......w.a.........,.,,,,....,.....,.......,.......,...,.,..,,,... 16-344 16-VI.A. Overview ............... _............. ....................................... , ....... , ..16-344 16 -VI. B. Record Retention ................................... ...........................16-344 16-VI.C. Records Management...........................................................16-345 Privacy Act Requirements...............................................16-345 Upfront Income Verification (UIV) Records ......................16-345 Criminal Records..............................................................16-345 Medical/Disability Records...............................................16-346 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL ..............16-346 16 -VII .A. Overview................................................................................16-346 16-VII.B. Reporting Requirement.........................................................16-347 16-VII.C. Data Collection And Record Keeping...................................16-347 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING...............................16-347 16 -VII I.A. Overview..............................................................................16-347 16-VIII.B. Methodology........................................................................16-348 PART IX: Violence Against Women Act (VAWA): Notification, Documentation, Confidentiality........................................................................16-349 16 -IX. A. Overview...................................................................16-349 16 -IX B. Definitions..................................................................16-349 16 -IX C. Notification.................................................................16-350 16 -IX D. Documentation............................................................16-352 16 -IX E. Confidentiality.............................................................16-353 EXHIBIT 16-1: Notice to Housing Choice Voucher Applicants and Tenants Regarding The Violence Against Women Act(VAWA)...................................16-355 EXHIBIT 16-2: Notice to Housing Choice Voucher Owners and Managers Regarding The Violence Against Women Act(VAWA)...................................16-359 TOC -22 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents Chapter 17 PROJECT -BASED VOUCHERS PART I: GENERAL REQUIREMENTS .... ____ .................. .......... ,...,,....... 17-363 17-I.A. Overview............................................................... . .....17-363 17-1.B. Tenant -Bases Vs. Project -based Voucher Assistance ........ .,.17-363 17-I.C. Relocation Requirements.................................................17-363 17-I.D. Equal Opportunity Requirements ................................. . ....17-364 PART 11: PBV OWNER PROPOSALS ................. ........ .... ............. ............ 17-364 17-I I .A. OVERVIEW ........................ .......................... ...... ........ 17-364 17-11.13. OWNER PROPOSAL SELECTION PROCEDURES.............17-364 Solicitation and Selection of PBV Proposals .......................17-365 PHA -Owned Units.........................................................17-367 PHA Notice of Owner Selection........................................17-368 17-II.C. HOUSING TYPE..........................................................17-368 17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS...... 17-369 17-II.E. SUBSIDY LAYERING REQUIREMENTS ............................17-370 17-II.G. SITE SELECTION STANDARDS.....................................17-372 17-II.H. ENVIRONMENTAL REVIEW...........................................17-374 PART III: DWELLING UNITS ........................................................ .......... 17-375 17 -III .A. OVERVIEW ..................................................... . ..........17-375 17-III.B. HOUSING QUALITY STANDARDS .......................... ....... 17-375 Lead-based Paint.........................................................17-375 17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES ............................... .................... ......... ............17-375 17-III.D. INSPECTING UNITS, .. ..... ....... 17-375 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS .... ..............17-377 17-IV.A. OVERVIEW ................................................ ................ 17-377 17 -IV. B. AGREEMENT TO ENTER INTO HAP CONTRACT... ..... ....17-377 17-IV.C. CONDUCT OF DEVELOPMENT WORK ................. _w.. ...17-377 17-IV.D. COMPLETION OF HOUSING ............................. ........... 17-379 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP).................17-380 17-V.A. OVERVIEW.................................................................17-380 17-V.B. HAP CONTRACT REQUIREMENTS................................17-380 17-V.C. AMENDMENTS TO THE HAP CONTRACT ....................... 17-383 17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES.................................................................................17-384 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP...............17-384 17-V.F. ADDITIONAL HAP REQUIREMENTS...............................17-385 TOC -23 Admin Plan 2/17/2016 Baldwin Park Housing Authority Administrative Plan -Table of Contents PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS ......... ...............17-386 17—VI .A. OVERVIEW ......................................................... 17-386 17—VI.B. ELIGIBILITY FOR PBV ASSISTANCE ...........................17-386 17—VI.C. ORGANIZATION OF THE WAITING LIST.. ...... 17-387 17—VI.D. SELECTION ........................................ ................ ......17-387 17—VI.E, OFFER OF PBV ASSISTANCE ............... .................... .17-388 17—VI.F. OWNER SELECTION OF TENANTS ............... . .. ... ___17-389 .....17-389 17—VI.G, TENANT SCREENING ............................................... 17-390 PART VII: OCCUPANCY............................................................. ........... 17-392 17—VI I.A. OVERVIEW ..................................................... „ .. , .....17-392 17—VII.B. LEASE...................................................................,.17-392 17—VII.C. MOVES...................................................................17-395 17—VII.D. EXCEPTIONS TO THE OCCUPANCY CAP....................17-396 PART VIII: DETERMINING RENT TO OWNER............................................17-398 17—VII I.A. OVERVIEW.............................................................17-398 17—VIII.C. REASONABLE RENT................................................17-401 17—VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL... 17-402 PART IX: PAYMENTS TO OWNER ..................................... ........... ........... .17-403 17—IX.A. HOUSING ASSISTANCE PAYMENTS. ..._,A ......... ..........17-403 17—IX.B. VACANCY PAYMENTS .................... ................ ............17-404 17—IX.C. TENANT RENT TO OWNER ................. . ......... . . .............17-405 17—IX.D. OTHER FEES AND CHARGES ........... ......................... .n 17-405 GLOSSARY............_.........................................................................407 TOC -24 Admin Plan 2/17/2016 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. ..... ......................... .................................................................................................................................Adminiaiv....a...^..Fbu............2............ Baldwin Park HousingAuthority Administrative 6. Pagel of 424 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 HUD -50058 Instruction Booklet IB 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 L... . ocation C Code of Federal Regulations htto://WWW.aDoaccess.aoly/cfr/iiidex.htmi Earned Income Disregard FAQ www.hud.gov/offices/pih/phr/about/ao faq eid.cfm Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule http://edocket.access. o. ov/2008/ df/E8-19435. df Baldwin Park Housing Authority Administrative Plan — February 2016 Page 2 of 424 . . ........ --l". ---------- . ..... . ..................................... -1111111111 ---- - ------- . . ............................ Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data httr)://www,hudAoy/offices/. ih/- rocirams/oli/i,rLhijjp/docs/eivsec(i,uider)h�a.r)df ........ . . . ..................... ........... Executive Order 11063 httr)://www.tiud.qov/offices/fheo/FHLaws/EX01 1063.cfm . . ........... Federal Register bg html .......... . ... ................ . .. .................. - General Income and Rent Determination FAQs www.hL,id.glolv/offices/ ih/nmrirnmQ� i/rhil D/fa ........... - . . ...................... - - - ....................... --- .......... Housing Choice Voucher Program Guidebook (7420.1 OG), April 2001 www,hud.gov/o-ffices,/r)iti/i)rocirams/hcv/forgIL/gLjidr--bool�.cfrTI .............. . ..... ....... 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 httr)://www.hud.ciov/offices/flieo/librarv/huddoistatement.pAf . . ........ . . ...... Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007 httr)://www. h ud. gov/'off ices/fheo�promoti ngfh/Federa I Rea istepu bl ished g u id angg. pdf . ........... . .. Notice PIH 2012-10, 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 http�H)ortal.hud.qov/huddoc/pih,2012-10.Ddf Notice PIH 2010-19, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System httr)://www.hud,qov/offices/pih/�ublications/notices/1 0/pih2Q1Q-19.Pdf - ---- . . ..... .......... . ........ ............... ------ - ---- ..... - ----------------- Baldwin Park Housing Authority Administrative Plan - February 2016 Page 3 of 424 . . . ........... . . . ......... Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice ht1p./byMK.hud.gov/off!9�s/ iLi/pub]1cafions/notices/10/ . . . ........... . ...... . .. . ..... . . ..... OMB Circular A-133 ht //www.wh 2010 p _ . .......... . ..... ----- . .......... I'll, . . ........... . . . Project -Based Voucher Program; Final Rule http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05-20035.pdf ..... . . . .......... - . . .... . . ......... . Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. www.hud,g2ylgffiges/ iN / r �h/ hii,p/faq.cftTi . ........... ........ . ............. VAWA Final Rule h t im/_/wWwa. ..... . ... . ..... . . . . .... . . ..... . ..... Verification FAQ www. h Lid. Verification Guidance, March 2004 (attachment to Notice PIH 2004-1) http,://www,_hud�ov/o�ffices�/ . . . . ...... . .. __ ... ... . . ........ ..... . . . .......... The HUD web site is hLtpL// ortal.hud.gpy�/hgd c la`l/Fl`UD Guidebooks, handbooks and other HUD resources may be found at the HUD Clips web site: http,//poAgLliud.gpy�/hod octal/HLD?sr`��/��ram offices/administration/hudgfips Administrative Plan —February 2016 Baldwin Park Housing Authority Page 4 of 424 Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION The Baldwin Park Housing Authority (BPHA), known as the Public Housing Agency (PHA), receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development (HUD). The BPHA is not a federal department or agency. A public housing agency is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. This chapter contains information about the PHA and its programs with emphasis on the HCV program. It also contains information about the purpose, intent and use of the plan and guide. There are three parts to this chapter: Part I: The Public Housin A enc PHA). This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent. Part lll: The HCV Pro ram. 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 — February 2016 Page 5 of 424 PART I: THE PHA 1-I.A. OVERVIEW This part explains the origin of the PHA's creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff. 1-11.13. 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, EI Monte, South EI 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 — February 2016 Page 6 of 424 1-I.D. THE PHA'S PROGRAMS The following programs are included under this administrative plan: BPH& Policy 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 — February 2016 Page 7 of 424 The PHA will make every effort to keep program participants informed of HCV program rules and regulations, and to advise participants of how the program rules affect them. PART II. THE HOUSING CHOICE VOUCHER (HCV) PROGRAM 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM The 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 family, if the family chose to move to another privately -owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant -based assistance, rather than unit -based assistance. The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant -based assistance — the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit. However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent (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 — February ebruary 2016.m_ Page 8 of 424 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. 1-II.B. HCV PROGRAM BASICS The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by 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 — February 2016 Page 9 of 424 1-II.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 HUD Provides Funding To PHA Program llteg dal longs and ACC specifies 1"11 OI ligations and Vou ell m f finding Administers Program Housin ssi Vol ifes (HAP) C! a tions and PyFa ily O iga Lease specifies Tenant l Obligations Family (Program Participant) ccs Payments V2t'fics. Owner 'tions Owner / Landlord ........................................ Baldwin Park Housing Authority Administrative Plan — February 2016 Page 10 of 424 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: • 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 11 of 424 peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others. • Comply with the terms of the Housing Assistance Payments contract executed with the PHA; • Comply with all applicable fair housing laws and 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: • 24 CFR Part 5: General Program Requirements • 24 CFR Part 8: Nondiscrimination • 24 CFR Part 35: Lead -Based Paint Bwi aldn Park Hou ing Authority ority Administrative Plan -February 2016 Page 12 of 424 • 24 CFR Part 982: Section 8 Tenant -Based Assistance: Housing Choice Voucher Program • 24 CFR Part 983: Project -Based Vouchers • 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP) PART III. THE HCV ADMINISTRATIVE PLAN 1-III.A. OVERVIEW AND PURPOSE OF THE PLAN The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA's agency plan. This administrative plan is a supporting document to the PHA agency plan, and is available for public review as required by CFR 24 Part 903. This administrative plan is set forth to define the PHA's local policies for operation of the housing programs in 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. 1-III.B. 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 — February 2016 Page 13 of 424 • 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 redeterminations 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 — February 2016 Page 14 of 424 • Dfio 1, non bindir ued 1 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-III.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. W=WWWA The Baldwin Park Housing Authority will review its plan at least once a year, 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 — February 2016 Page 15 of 424 Chapter 2 FAIR HOUSING AND EQUAL OPPORTUNITY INTRODUCTION This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally -assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA's housing choice voucher (HCV) operations. This chapter describes HUD regulations and PHA policies related to these topics in three parts: Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination. Part 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 HUD and DOJ's Notice of Guidance, published December 19, 2003 in the Federal Register. PART I: NONDISCRIMINATION 2-I.A. OVERVIEW Federal laws require PHAs to treat all applicants and participants equally, providing the same 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: • Title VI of the Civil Rights Act of 1964 Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) Baldwin Park Housing Authority Administrative Plan — February 2016 Page 16 of 424 • Executive Order 11063 • Section 504 of the Rehabilitation Act of 1973 • The Age Discrimination Act of 1975 • Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) • 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 Poli No state or local nondiscrimination laws or ordinances apply. 2-I.B. 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]. BPHA Polio 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 • Subject anyone to segregation or disparate treatment Baldwin Park Housing Authority Administrative Plan —February 2016 Page 17 of 424 • 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 —February 2016 Page 18 of 424 1000M 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. 0 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) JX Refer complainants to the Housing Rights Center PART II: 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 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: "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." _ in Park Housing Administrative Plan — February Baldwin usin ----�- g Authority 2016 Page 19 of 424 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-II.B. DEFINITION OF REASONABLE ACCOMMODATION A person with a disability may require certain types of accommodation in order to have equal access to the HCV program. The types of reasonable accommodations the PHA can provide include changes, exceptions, or adjustments to a rule, policy, practice, or service. Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for the PHA, or result in a "fundamental alteration" in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider's operations. Types of Reasonable Accommodations When needed, the PHA 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-II.C. REQUEST FOR AN ACCOMMODATION If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]. The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA's programs and services. If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the Baldwin Park Housm------. g Authority Administrative Plan — February 2016 Page 20 of 424 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. • In the event that the PHA does receive confidential information about a Baldwin Park Housing Authority Administrative Plan — February 2016 Page 21 of 424 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-II.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. 0. I After a request for an accommodation is presented, BPHA will respond, in writing, within 10 business days. 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 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 22 of 424 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 Policy 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: • 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 federally -funded housing programs. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 23 of 424 • 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-II.H. DENIAL OR TERMINATION OF ASSISTANCE A PHA's decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)]. When applicants with disabilities are denied assistance, the notice of denial must inform them of the PHA's informal review process and their right to request a hearing. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal hearing process. When a participant family's assistance is inform them of the PHA's informal hearing and reasonable accommodation. terminated, the notice of termination must process and their right to request a hearing When reviewing reasonable accommodation requests, the PHA must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the PHA's decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the PHA must make the accommodation. PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) 2-III.A. OVERVIEW Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the HCV program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally -assisted programs and activities may violate the ... , Baldwin Park Housing Authority Administrative Plan — February 2016 Page 24 of 424 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. 2-111.6. ORAL INTERPRETATION The PHA will offer competent interpretation services free of charge, upon request, to the LEP person. BPHA Policy BPHA will utilize a language line for telephone interpreter services. 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. The interpreter may be a family member or friend. 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). 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. Baldwin Park Housing Authority Administrative Plan ��r�� .�.............W..W.._ - February 2016 Page 25 of 424 BPHA Policy 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 10 percent (10%) or 50 persons, whichever is greater, 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 10 percent (5%) 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. 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. 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 — February 2016 Page 26 of 424 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 27 of 424 The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations. The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses. The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the HCV program, yet an accommodation is needed to provide equal opportunity. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 28 of 424 Chapter 3 ELIGIBILITY INTRODUCTION The PHA is responsible for ensuring that every individual and family admitted to the HCV program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the PHA to confirm eligibility and determine the level of the family's assistance. To be eligible for the HCV program: • The applicant family must: Qualify as a family as defined by HUD and the PHA. Have income at or below HUD -specified income limits. Qualify on the basis of citizenship or the eligible immigrant status of family members. Provide social security number information for household members as required. Consent to the PHA's collection and use of family information as provided for in PHA -provided consent forms. • The PHA must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the PHA. This chapter contains three parts: Part I: 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. Dart Il: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent. Part III: Denial of Assistance. This part covers factors related to an applicant's past or current conduct (e.g. criminal activity) that can cause the PHA to deny assistance. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 29 of 424 PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS 3-I.A. OVERVIEW Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the assisted unit. This part provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules. 3-I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c); FR NOTICE 02103112; 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. .11111CF11sm1 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 —February 2016 Page 30 of 424 3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Break-up [24 CFR 982.315] 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) • 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 due to divorce or legal separation, 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. 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 31 of 424 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-I.13, for the policy on "Caretakers for a Child." V.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 IB, p.13]. 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 Pole 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 32 of 424 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 BPHA Policy 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 and/or school verification. 3-I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV GB, p. 5-29] A full-time student (FTS) is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to be full-time is defined by the educational institution. Identifying each FTS is important because: (1) each family member that is an FTS, other than the head, spouse, or 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-I.H. ELDERLY AND NEAR -ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and 5.403, FR Notice 02/03/12] 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 33 of 424 3-I.I. 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 5.1001 A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent. MUM .. Vol 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, 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 34 of 424 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.I.K. FOSTER CHILDREN AND FOSTER ADULTS Foster adults are usually persons with disabilities, unrelated to the tenant family, who are unable to live alone [24 CFR 5.609]. 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 IB, p. 13]. 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-I1. 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 BPHA Policy 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 35 of 424 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«w 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 .. , • 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. • 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 GB, p. 5-22] If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22]. 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 Baldwin Park Housing Authority Administrative Plan - February 2016 Page 36 of 424 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 9 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 II 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 relative who serves as a live-in aide would not be considered a remaining member of a tenant family. BPHA Policy 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, Baldwin Park Housing Authority Administrative Plan — February 2016 Page 37 of 424 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 • 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 38 of 424 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: 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]. 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 39 of 424 • 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 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. Families on the waiting list categorized with the Local Displacement Preference are not subject to the 75 percent restriction. 3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance. All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the PHA's Limited English Proficiency Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English. Declaration [24 CFR 5.508] HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed personally by the head, spouse, co-head, and any other family member 18 or older, and by a parent or guardian for minors. The family must Baldwin Park Housing Authority Administrative Plan — February 2016 Page 40 of 424 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 Policy 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: a 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 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 41 of 424 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)]. 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. 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 Polis BPHA will verify the citizenship status of applicants at the time other eligibility factors are determined. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 42 of 424 3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2012-10] 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. 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-II.D. FAMILY CONSENT/AUTHORIZATION 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, and other consent forms as needed to collect information relevant to the family's eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements. The PHA must deny admission to the program if any member of the applicant family fails to sign and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3)]. 3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612 and FR Notice 4/10/06] 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 43 of 424 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, p. 18148]. Dependent Child In the context of the student eligibility restrictions, dependent child means a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the assisted family, other than the head of household or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Foster children and foster adults are not considered dependents. Independent Student BPHA Poli 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: • The individual is of legal contract age under state law. The individual has established a household separate from his/her parents for at least one year prior to application for occupancy or the individual meets the U.S. Department of Education's definition of independent student. • To be considered an independent student according to the Department of Education, a student must meet one or more of the following criteria: Be at least 24 years old by December 31 of the award year for which aid is sought Be an orphan or a ward of the court through the age of 18 Be a veteran of the U.S. Armed Forces Have one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent) Baldwin Park Housing Authority Administrative Plan — February 2016 Page 44 of 424 Be a graduate or professional student Be married • The individual was not claimed as a dependent by his/her parents pursuant to IRS regulations, as demonstrated on the parents' most recent tax forms. • The individual provides a certification of the amount of financial assistance that will be provided by his/her parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided. The PHA will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E. 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 BPH_A Policy 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 in the active military, naval, or air service and who was discharged or released from such service under conditions other than dishonorable. Determining Student Eligibility If a student is applying for assistance on his/her own, apart from his/her parents, the PHA must determine whether the student is subject to the eligibility restrictions Baldwin Park Housing Authority Administrative Plan — February 2016 Page 45 of 424 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. BPH'A Policy 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 the policies in Section 3-III1, and the applicant family will have the right to request an informal review in accordance with the policies in Section 16-111.6. Determining Parental Income Eligibility For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of independent student in this Section, 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 ... Baldwin Park Housing Authority Administrative Plan —February 2016 Page 46 of 424 declaration and certification of income from the parent with whom the student has been living or had contact. In determining the income eligibility of the student's parents, the PHA will use the income limits for the jurisdiction in which the parents live. PART III: DENIAL OF ASSISTANCE 3-III.A. OVERVIEW A family that does not meet the eligibility criteria discussed in Parts I and 11, must be denied assistance. In 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. § 982.552 PHA denial of assistance for family. BPHA Polis 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. (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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 47 of 424 (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 Policy (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 3111.6 concerning denial of assistance for crime by family members. (ii) If any member of the family has been evicted from federally assisted housing in the last five years; (iii) 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. (vi) 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 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 members of the family to continue the application process. (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 Baldwin Park Housing Authority Administrative Plan — February 201 . 6 Page 48 of 424 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. 1061). For this purpose, the PHA may require the applicant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully. (iv) If the family includes a person with disabilities, the PHA decision concerning such action is subject to consideration of reasonable accommodation in accordance with part 8 of this title. (v) Nondiscrimination limitation and protection for victims of domestic violence, dating violence, orstalking. The PHA's admission and termination actions must be consistent with fair housing and equal opportunity provisions of § 5.105 of this title, and with the requirements of 24 CFR part 5, subpart L, protection for victims of domestic violence, dating violence, or stalking. (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 • 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.) . . . - - ------------------- - - Baldwin Park Housing AuthorityFebruary Administrative Plan - v 20 16 Page 49 of 424 • 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 • Whether the family includes children • 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-III.G) 3-111.6. DENIAL OF ASSISTANCE [24 CFR 982.553(a)] MANDATORY - HUD requires the PHA to deny assistance in the following cases: • 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 DENIAL DUE TO DRUGS/ALCOHOL USE - BPHA has established the following standards that prohibit admission if: • Any member of the household has been evicted from federally -assisted housing in the last 3 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 Policy The PHA will admit an otherwise -eligible family who was evicted from federally - assisted housing within the past 3 years for drug-related criminal activity, if the PHA is able to verify that the household member who engaged in the criminal activity has completed a supervised drug rehabilitation program approved by the PHA, or the person who committed the crime, is no longer living in the household. • The PHA determines that any household member is currently engaged in the use of illegal drugs. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 50 of 424 Currently engaged in is defined as any use of illegal drugs during the previous six 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. The PHA will also consider evidence from treatment providers or community-based organizations providing services to household members. 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. = A person who has committed a non-violent crime will be deemed ineligible to participate in the program for a period of 3 years and 5 years for a violent crime. In cases of severe violent crimes, the length time may be extended to 10 years. If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the respective time period, the family will be denied assistance: 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]. _. ......... Baldwin Park Housing Authority Administrative Plan - February 2016 Page 51 of 424 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 a 300 yard 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. • Any arrests and/or conviction for violent criminal activity within the past 5 years. • A conviction for drug-related or violent criminal activity will be given more weight than an arrest for such activity. In making its decision to deny assistance, the PHA 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. 3-III.D. SCREENING Screening for Eligibility PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the HCV program. This authority assists the PHA in complying with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the PHA must require every applicant family to submit a consent form signed by each adult household member [24 CFR 5.9031. BPHA Policy BPHA will perform a criminal background check through local law enforcement for every adult household member. Baldw..in...,.-____ Park Housing Authority Administrative Plan —February 2016 Page 52 of 424 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). 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] 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 Policy 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 Baldwin Park Housing Authority ....................__ ..... ____ A......__,. . dministrative Plan —February 2016 Page 53 of 424 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 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. VILE. CRITERIA FOR DECIDING TO DENY ASSISTANCE Evidence [24 CFR 982.553(c)] BPH& Policy 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)] 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 3-111.6). 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 • 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 - Baldwin Park Housing Authority Administrative Plan — February 2016 Page 54 of 424 III.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 • 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 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)]. 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. Ina 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 Baldwin Park Housing Authority Administrative Plan - February 2016 Page 55 of 424 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 process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures. The family will be notified of a decision to deny assistance in writing within 10 business days of the determination. If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the PHA can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the accuracy and relevance of that record, in the informal review process in accordance with program requirements [24 CFR 982.553(d)]. Mon 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 3-11.13. 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 56 of 424 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 notice of rights and the form HUD - 50066 at the time the applicant is denied. BPHA acknowledges that a victim of domestic violence, dating violence, sexual assault, or stalking may have an unfavorable history (e.g., a record of previous damage to an apartment not associated with the act of domestic violence, a prior arrest record) that would warrant denial under BPHA's policies. Therefore, if BPHA makes a determination to deny assistance to an applicant family, BPHA 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 -50066. BPHA will request that an applicant wishing to claim protection under VAWA notify BPHA within 10 business days. Documentation Victim Documentation [24 CFR 5.2007] w 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 WERM If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of the following: .....,. ..... Baldwin Park Housing Authority Administrative Plan — February 2016 Page 57 of 424 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 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 —February 2016 Page 58 of 424 EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO_DISABILITIES Person with Disabilities [24 CFR 5.403] The term person with disabilities means a person who has any of the following types of conditions: • Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads: Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or 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(1)(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, (III) 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 —February 2016 Page 59 of 424 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 60 of 424 (4) Is regarded as having an impairment means: (a) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation; (b) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (c) Has none of the impairments defined in paragraph (1) of this section but is treated by a recipient as having such an impairment. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 61 of 424 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. 1001 (a) Institution of higher education. For purposes of this chapter, other than Subchapter IV and Part C of Subchapter I of Chapter 34 of Title 42, the term "institution of higher education" means an educational institution in any State that (1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) Is legally authorized within such State to provide a program of education beyond secondary education; (3) Provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2 -year program that is acceptable for full credit toward such a degree; (4) Is a public or other nonprofit institution; and (5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the secretary for the granting of preaccreditation status, and the secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (b) Additional institutions included. For purposes of this chapter, other than Subchapter IV and Part C of Subchapter I of Chapter 34 of Title 42, the term "institution of higher education" also includes— (1) Any school that provides not less than a 1 -year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of Subsection (a) of this section; and (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in Subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. Baldwin Park Housing Authority Administrative Plan - February 2016 Page 62 of 424 (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 — February 2016 Page 63 of 424 (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 (II) The institution has a clinical training program that was approved by a State as of January 1, 1992; or (ii) In the case of a veterinary school located outside the United States that does not meet the requirements of Section 1001(a)(4) of this title, the institution's students complete their clinical training at an approved veterinary school located in the United States. (B) Advisory panel (i) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the secretary shall establish an advisory panel of medical experts that shall— (1) Evaluate the standards of accreditation applied to applicant foreign medical schools; and (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— Baldwin Park Housing Authority Administrative Plan — February 2016 Page 64 of 424 (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; (B) 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 (B) The institution, the institution's owner, or the institution's chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under Subchapter IV of this chapter and Part C of Subchapter I of Chapter 34 of Title 42, or has been judicially determined to have committed fraud involving funds under Baldwin Park Housing Authority Administrative Plan — February 2016 Page 65 of 424 Subchapter IV of this chapter and Part C of Subchapter I of Chapter 34 of Title 42. (5) Certification. The secretary shall certify an institution's qualification as an institution of higher education in accordance with the requirements of Subpart 3 of Part G of Subchapter IV of this chapter. (6) Loss of eligibility. An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under Subchapter IV of this chapter and Part C of Subchapter I of Chapter 34 of Title 42 as a result of an action pursuant to Part G of Subchapter IV of this chapter. (b) Proprietary institution of higher education (1) Principal criteria. For the purpose of this section, the term "proprietary institution of higher education" means a school that— (A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation; (B) Meets the requirements of paragraphs (1) and (2) of Section 1001 (a) of this title; (C) Does not meet the requirement of paragraph (4) of Section 1001 (a) of this title; (D) Is accredited by a nationally association recognized by the Subchapter IV of this chapter; recognized accrediting agency or secretary pursuant to Part G of (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; Baldwin Park Housing Authority Administrative Plan — February 2016 Page 66 of 424 (B) Meets the requirements of paragraphs (1), (2), (4), and (5) of Section 1001 (a) of this title; and (C) Has been in existence for at least 2 years. (2) Additional institutions. The term "postsecondary vocational institution" also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of Section 1001 (a) of this title, admits as regular students, persons who are beyond the age of compulsory school attendance in the State in which the institution is located. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 67 of 424 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 I: The Application Process. This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives. Part II: Aanaoina the Waiting List. This part presents the policies that govern how the PHA's waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the PHA will use to keep the waiting list current. Part III: Selection for HCV Assistance. This part describes the policies that guide the PHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in-person interviews will be used to ensure that he PHA has the information needed to make a final eligibility determination. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 68 of 424 PART I: 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 Policy 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 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 persons with limited English proficiency (LEP). The PHA must provide reasonable Baldwin Park Housing Authority Administrative Plan — February 2016 Page 69 of 424 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 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. BPI -IA Policy 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. The notice must state that the applicant may request an informal review of the decision, and state how to arrange for the informal review [CFR 982.201 (fl]. 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 QPHA Policy 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 Baldwin Park Housing Authority Administrative Plan —February 2016 Page 70 of 424 maintain 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. 4-11.13. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] The PHA's HCV waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan. The waiting list must contain the following information for each applicant listed: • Applicant name ■ 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 — February 2016 Page 71 of 424 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 Policy BPHA will merge the HCV waiting with its TBRA program and Public Housing waiting list. 4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.2061 Opening the Waiting List [24 CFR 982.206(a)] When the PHA opens a waiting list, the PHA must give public notice that families may apply for tenant -based assistance. The public notice must state where and when to apply. The PHA must give the public notice by publication in a local newspaper of general circulation, and also by minority media and other suitable means. The notice must comply with HUD fair housing requirements. ", � 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, EI Monte, South EI Monte and Monrovia) The Housing Authority's public notice will contain: ➢ The dates, times, and locations where families may apply; ➢ The programs for which applications will be taken; ➢ A brief description of the program(s); ➢ A statement that public housing residents must submit a separate application if they want to apply to a rental assistance program. ➢ Any limitations on who may apply; ➢ The Fair Housing Logo. The notice will be made in an accessible format to persons with disabilities if requested. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 72 of 424 Additional time for submission of an application after the stated deadline will be given as a reasonable accommodation at the request of a person with a disability. Closing the Waiting List [24 CFR 982.206 (c)] If the PHA determines that the existing waiting list contains an adequate pool for use of available program funding, the PHA may stop accepting new applications, or may accept only applications meeting criteria adopted by the PHA. BPHA Policy The Housing Authority public notices for the opening of the waiting list will include the waiting list application closing date. Cross -listing of Public Housing and Section 8 Waiting Lists [24 CFR §982.205(a)] 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-II.D. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4] The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted. Because HUD requires the PHA to admit a specified percentage of extremely low income families to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21]. PHA outreach efforts must comply with fair housing requirements. This includes: • Analyzing the housing market area and the populations currently being served to identify underserved populations • Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program • Avoiding outreach efforts that prefer or exclude people who are members of a protected class PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities: • Submitting press releases to local newspapers, including minority newspapers Baldwin Park Housing Authority Administrative Plan — February 2016 Page 73 of 424 • 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 4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES BPHA Policy 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. 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)]. Purging the Waiting List: BPHA-Policy The waiting list will be updated periodically to ensure that all applicants and applicant information is current and timely. 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 74 of 424 an informal review regarding BPHA'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_ olipy_ Eligibility of applicants is not determined until the selection process. 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. 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 III: SELECTION FOR HCV ASSISTANCE 4-III.A. OVERVIEW As vouchers become available, families on the waiting list must be selected for assistance in accordance with the policies described in this part. The order in which families 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 75 of 424 The PHA must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the PHA's selection policies [24 CFR 982.204(b) and 982.207(e)]. 4-111.6. SELECTION AND HCV FUNDING SOURCES Special Admissions [24 CFR 982.203] HUD may award funding for specifically -named families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non -purchasing family residing in a HOPE 1 or 2 projects). In these cases, the PHA may admit 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. 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 Folic 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 Baldwin Park Housing �� y Authorit Administrative Plan -February 2016 Page 76 of 424 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. 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. Residencv 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 (4) four of the following documents: rent receipts, leases, utility bills, employer or agency records, school records, drivers licenses, voters registration records, credit reports, statement from household with whom the family is residing. 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)]. m Baldwin Park Housing Authority Administrative Plan — February 2016 Page 77 of 424 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)]. 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 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-III.D. NOTIFICATION OF SELECTION The policies outlined in this chapter are intended to ensure that all families who express an interest in housing assistance are given an equal opportunity to apply. The primary purpose of the intake function is to gather information about the family so that an accurate, fair, and timely decision relative to the family's eligibility may be made. 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. • Identify household members required to attend the interview. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 78 of 424 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 2012-10] Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. BPHA Policy Families selected from the waiting list are required to participate in an application interview. 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. The family must provide the information necessary to establish the family's eligibility and determine the appropriate level of assistance, as well as completing required forms, providing required signatures, and submitting required documentation. If any materials are missing, 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 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 79 of 424 An advocate, interpreter, or other assistant may assist the family with the application and the interview process. 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. 4-III.F. COMPLETING THE APPLICATION PROCESS The PHA must verify all information provided by the family (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for any special admission, targeted 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 80 of 424 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 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 81 of 424 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 — February 2016 Page 82 of 424 Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE INTRODUCTION This chapter explains the briefing and voucher issuance process. When a family is determined to be eligible for the Housing Choice Voucher (HCV) program, the PHA must ensure that the family fully understands the way the program operates and the family's obligations under the program. This is accomplished through both an oral briefing and provision of a briefing packet containing 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 I: Briefings and Family Obligations. This part details the program's requirements for briefing families orally, and for providing written materials describing the program and its requirements. It includes a particular focus on the family's obligations under the program. Part 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 I: 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 — February 2016 Page 83 of 424 5-I.B. BRIEFING [24 CFR 982.3011 The PHA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program. Families may be briefed individually or in groups. At the briefing, the PHA must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1973), and ensure that the briefing site is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2. BPHA Policy Briefings will be conducted in group meetings or individually. 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. All families will be explained the benefits of living in low -poverty census tracts. 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. Translation services will be provided in accordance Chapter 2. Notification and Attendance Families will be notified of their eligibility for assistance at the time they are invited to attend a briefing. The notice will identify who is required to attend the briefing, as well as the date and time of the scheduled briefing. If the notice is returned by the post office with no forwarding address, BPHA staff will confirm the address was correct with the address on record. If the address has been confirmed as correct, the applicant will be denied and their name will not be placed back on the waiting list. If the notice is returned by the post office with a forwarding address, the notice will be re -sent to the address indicated. Applicants who fail to attend a scheduled 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). Oral Briefing [24 CFR 982.301(a)] Each briefing must provide information on the following subjects: (1) When the PHA selects a family to participate in a tenant -based program, the PHA must give the family an oral briefing. The briefing must include information on the following subjects: in Baldwin Park Housing Authority Administrative Plan —February 2016 Page 84 of 424 (i) A description of how the program works; (ii) Family and owner responsibilities; and (iii) Where the family may lease a unit, including renting a dwelling unit inside or outside the PHA jurisdiction. (2) For a family that qualifies to lease a unit outside the PHA jurisdiction under portability procedures, the briefing must include 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. (3) 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 concentration of poor families. (4) In briefing a family that includes any disabled person, the PHA must take appropriate steps to ensure effective communication in accordance with 24 CFR 886. Briefing Packet [24 CFR 982.301(b)] Documents and information provided in the briefing packet must include the following: • (1) 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; • (2) How the PHA determines the amount of the housing assistance payment for a family, including: (i) How the PHA determines the payment standard for a family; and (ii) How the PHA determines the total tenant payment for a family. • (3) How the PHA determines the maximum rent for an assisted unit; • (4) Where the family may lease a unit. For a family that qualifies to lease a unit outside the PHA jurisdiction under portability procedures, the information packet must include an explanation of how portability works; • (5) The HUD -required "tenancy addendum" that must be included in the lease; • (6) The form that the family uses to request PHA approval of the assisted tenancy, and an explanation of how to request such approval; . (7) A statement of the PHA Policy on providing information about a family to prospective owners; • (8) PHA subsidy standards, including when the PHA will consider granting exceptions to the standards; a (9) The HUD brochure on how to select a unit; Baldwin Park Housing Authority Administrative Plan — February 2016 Page 85 of 424 • (10) Information on federal, State and local equal opportunity laws, and a copy of the housing discrimination complaint form; • (11) 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; • (12) 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; • (13) Family obligations under the program; • (14) Family obligations under the program, including any obligations of a welfare - to -work family. • (15) 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. 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 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 2010-19]. 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 13-11.G) Baldwin Park Housing Authority Administrative Plan - February 2016 Page 86 of 424 • "Is Fraud Worth It?" (Form HUD-1141-0IG), 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 2010-19 • 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: • 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 87 of 424 the dwelling unit or premises beyond normal wear and tear caused by any member of the household or guest. 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. • The family must not commit any serious or repeated violation of the lease. BPHA Policy 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. um 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. • The family must give the PHA a copy of any owner eviction notice within 10- buisness days. • The family must use the assisted unit for residence by the family. The unit must be the family's only residence. • The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly notify the PHA in writing of the birth, adoption, or court -awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit. • The family must promptly notify the PHA in writing if any family member no longer lives in the unit. • If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live-in aide, and to define when PHA consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (Sections IX and I.M), and Chapter 11 (Section II.B). Baldwin Park Housing Authority Administrative Plan — February 2016 Page 88 of 424 • The family must not sublease the unit, assign the lease, or transfer the unit. BPH& Policy 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. • The family must promptly notify the PHA when the family is absent from the unit. Notice is required under this provision only when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 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) • Family members must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for HUD and PHA policies related to drug-related and violent criminal activity. • Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse. • An assisted family or member of the family must not receive HCV program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program. • A family must not receive HCV program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. [Form HUD -52646, Voucher] Baldwin Park Housing Authority thority Administrative Plan —February 2016 Page 89 of 424 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-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] For each family, the PHA determines the appropriate number of bedrooms under the PHA subsidy standards and enters the family unit size on the voucher that is issued to the family. The family unit size does not dictate the size of unit the family must actually lease, nor does it determine who within a household will share a bedroom/sleeping room. The following requirements apply when the PHA determines family unit size: • The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding. • The subsidy standards must be consistent with space requirements under the housing quality standards. The subsidy standards must be applied consistently for all families of like size and composition. • 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 Policy 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 90 of 424 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 Persons in Household Minimt,Mrn — I' axirnurn 1 Bedroom 1-2 2 Bedrooms 3-4 3 Bedrooms 5-6 4 Bedrooms 7-8 5 Bedrooms 9-10 Unit Size Selected 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. 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. Housing ualit 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 Qon)p ance: 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 Baldwin Park Housing Authority Administrative Plan —February 2016 Page 91 of 424 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: • 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)]. 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 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-II.D. VOUCHER ISSUANCE [24 CFR 982.302] When a family is selected from the waiting list (or as a special admission as described in Chapter 4), or when a participant family wants to move to another unit, the PHA issues a Housing Choice Voucher, Form HUD -52646. This chapter deals only with voucher issuance for applicants. For voucher issuance associated with moves of program participants, please refer to Chapter 10. The voucher is the family's authorization to search for housing. It specifies the unit size for which the family qualifies, and includes both the date of voucher issuance and date of expiration. It contains a brief description of how the program works and explains the family obligations under the program. The voucher is evidence that the PHA has determined the family to be eligible for the program, and that the PHA expects to have money available to subsidize the family if the family finds an approvable unit. However, the PHA does not have any liability to any party by the issuance of the voucher, and the .-............... BaldwinPark Housing Authority Administrative Plan — February 2016 Page 92 of 424 voucher does not give the family any right to participate in the PHA's housing choice voucher program [Voucher, Form HUD -526461 A voucher can be issued to an applicant family only after the PHA has determined that the family is eligible for the program based on 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]. IrlN®NNNalm 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]. =low 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] 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)]. 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 1 .........._ [ 982.554(c)(4)] not subject to Informal review 24 CFR ... __ . . ________ Baldwin Park Housing Authority Administrative Plan — February 2016 Page 93 of 424 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. 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. Suspensions of Voucher Term [24 CFR 982.303(c)] At its discretion, a PHA may adopt a policy to suspend the housing choice voucher term if the family has submitted a Request for Tenancy Approval (RFTA) during the voucher term. "Suspension" means stopping the clock on a family's voucher term from the time a family submits the RFTA until the time the PHA approves or denies the request [24 CFR 982.4]. The PHA's determination not to suspend a voucher term is not subject to informal review [24 CFR 982.554(c)(4)]. BPHA Policy 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. Baldwin Park Housing Authority Administrative Plan —February 2016 Page 94 of 424 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 — February 2016 Page 95 of 424 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 I: Annual Income. HUD regulations specify the sources of income to include and exclude to arrive at a family's annual income. These requirements and PHA policies for calculating annual income are found in Part I. • Park II: Adjusted Income. Once annual income has been established HUD regulations require the PHA to subtract from annual income any of five mandatory deductions for which a family qualifies. These requirements and PHA policies for calculating adjusted income are found in Part II. • Part III, Calculating Familv Share and PHA Subs id 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 I: 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 ...Ad �..m. ministrative Plan —February 2016 Page 96 of 424 • Annual Income Inclusions (Exhibit 6-1) • Annual Income Exclusions (Exhibit 6-2) • Treatment of Family Assets (Exhibit 6-3) • Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4) 41 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. 6-11.13. HOUSEHOLD COMPOSITION AND INCOME Income received by all family members must be counted unless specifically excluded by the regulations. It is the responsibility of the head of household to report changes in family composition. The rules on which sources of income are counted vary somewhat by family member. The chart below summarizes how family composition affects income determinations. Summary of Income Included and Excluded by Person Live-in aides Income from all sources is excluded. [24 CFR 5.609(c)(5)] Foster child or foster adult Income from all sources is excluded.. [24 CFR 5.609(c)(2)] Head, spouse, or co-head All sources of income not specifically excluded by the Other adult family members regulations are included. ..............._ Y ............ Children under 18 ears of _ ....... _.� ..................,.... .._... rrs .. Employment ent income is excluded. E [24 CFR 5.609(c)(1)] age All other sources of income, except those specifically excluded by the regulations, are included. ._n.._n�...... — .... mm__. i ............... Em lo -..m -------- --- ment incom above $480/year is excluded. Employment s 18 years Full-time student 24 CFR 5.609(c)(11. [es)] of age or older (not head, All other sources of income, except those specifically spouse, or co-head) excluded by the regulations, are included Baldwin Park Housing Authority Administrative Plan — February 2016 Page 97 of 424 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]. grgrowel 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. 6-I.C. ANTICIPATING ANNUAL INCOME The PHA is required to count all income "anticipated to be received from a source outside the family during the 12 -month period following admission or annual reexamination effective date" [24 CFR 5.609(a)(2)]. Policies related to anticipating annual income are provided below. Basis of Annual Income Projection The PHA generally will use current circumstances to determine anticipated income for the coming 12 -month period. HUD authorizes the PHA to use other than current circumstances to anticipate income when: • An imminent change in circumstances is expected [HCV GB, p. 5-17] • It is not feasible to anticipate a level of income over a 12 -month period (e.g., seasonal or cyclic income) [24 CFR 5.609(d)] • The PHA believes that past income is the best available indicator of expected future income [24 CFR 5.609(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. BPHA Policy 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 98 of 424 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. 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 n 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 99 of 424 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 Policy 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. Some Types of Military Pay All regular pay, special pay and allowances of a member of the Armed Forces are counted (24 CFR 5.609(b)(8)] exce t 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]. mt 3 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 100 of 424 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)(11)]. To be considered "full-time," a student must be considered "full-time" by an educational institution with a degree or certificate program [HCV GB, p. 5-29]. Income of 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)(17)], including: • Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058) • 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 1965 (42 U.S.C. 3056(g)) • 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 101 of 424 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 to time. It is designed to lead to a higher level of proficiency, and it enhances the individual's ability to obtain employment. It may have performance standards to measure proficiency. Training may include, but is not limited to: (1) classroom training in a specific occupational skill, (2) on-the-job training with wages subsidized by the program, or (3) basic education" [expired Notice PIH 98-2, p. 3]. 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]. 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 Policy 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 102 of 424 Earned Income Disallowance The earned income disallowance for persons with disabilities is discussed in Section 6- I. E below. 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.6171 The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increases in earned income for a period of time. The full text of 24 CFR 5.617 is included as Exhibit 6-4 at the end of this chapter. Eligibility criteria and limitations on the disallowance are summarized below. Eligibility This disallowance applies only to individuals in families already participating in the HCV program (not at initial examination). To qualify, the family must experience an increase in annual income that is the result of one of the following events: Employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the community multiplied by 500 hours. The applicable minimum wage is the federal minimum wage unless there is a higher state or local minimum wage. • 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. Baldwin Park HousingAuthority Administrative Plan —February 2016 Page 103 of 424 Calculation of the Disallowance Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member's current income with his or her "prior income." BPHA Policy 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. Initial 12 -Month Exclusion During the initial 12 -month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The 12 months are cumulative and need not be consecutive. The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings. Second 12 -Month Exclusion and Phase -In During the second 12 -month exclusion period, the exclusion is reduced to half (50 percent) of any increase in income attributable to employment or increased earnings. The 12 months are cumulative and need not be consecutive. Lifetime Limitation The EID has a four-year (48 -month) lifetime maximum. The four-year eligibility period begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for the EID applies even if the eligible individual begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance. During the 48 -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). Baldwin Park Housing Authority Administrative Plan — February 2016 Page 104 of 424 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]. r 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 HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion. W 7 A 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. BPHA Policy Capital indebtedness capital asset such as allow as a business indebtedness. is defined as the principal portion of the payment on a land, buildings, and machinery. This means BPHA will expense interest, but not principal, paid on capital Baldwin Park Housing Authority Administrative Plan — February 2016 Page 105 of 424 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. BPH& Policy Acceptable investments in a business include cash loans and contributions of assets or equipment. For example, if a member of an assisted family provided an up -front loan of $2,000 to help a business get started, 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 • If a business is co -owned with someone outside the family, the family must document the share of the business it owns. If the family's share of the income is lower than its share of ownership, the family must document the reasons for the difference. 6-I.G. ASSETS [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)] Overview There is no asset limitation for participation in the HCV program. However, HUD requires that the PHA include in annual income the 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 106 of 424 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 Policy 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. • 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 Pol cyr Reasonable costs that would be incurred when disposing of an asset include, but are not limited to, penalties for ,premature withdrawal, broker and legal fees, and settlement costs incurred in real estate transactions [HCV GB, p. 5-28]. Lump -Sum Receipts Payments that are received in a single lump sum, such as inheritances, capital gains, lottery winnings, insurance settlements, and proceeds from the sale of property, are generally considered assets, not income. However, such lump -sum receipts are counted as assets only if they are retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking account) [RHIIP FAQs]. (For a discussion of lump -sum payments that represent the delayed start of a periodic payment, most of which are counted as income, see Sections 6-I.H and 6-I.I.) Imputing Income from Assets X24 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 Baldwin Park... H ................ ousing Authority Administrative Plan —February 2016 Page 107 of 424 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 Policy BPHA will 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, in December of each year. 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. Changes to the passbook rate will take effect on February 1 following the December review. Determining Actual Anticipated Income from Assets It may or may not be necessary for the PHA to use the value of an asset to compute the actual anticipated income from the asset. When the value is required to compute the anticipated income from an asset, the market value of the asset is used. For example, if the asset is a property for which a family receives rental income, the anticipated income is determined by annualizing the actual monthly rental amount received for the property; it is not based on the property's market value. However, if the asset is a savings account, the anticipated income is determined by multiplying the market value of the account by the interest rate on the account. Withdrawal of Cash or Liquidation of Investments Any withdrawal of cash or assets from an investment will be included in income except to the extent that the withdrawal reimburses amounts invested by the family. For example, when a family member retires, the amount received by the family from a retirement 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." Baldwin Park Housing Authority Administrative Plan — February 2016 Page 108 of 424 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 examination/reexamination, 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 GB, p. 5-27]. 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. 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. M "` 2 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. .............. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 109 of 424 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 BPHA Policy Families must sign a declaration form at initial certification and each annual recertification identifying all assets that have been disposed of for less than fair market 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. 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 average monthly balance for the last six months. 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 110 of 424 r 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]. 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. Equity in real property and other capital investments is considered in the calculation of asset income except for the following types of assets: • Equity accounts in HUD homeownership programs [24 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] Baldwin Par.......... _ ............... ..�...........,�,_..____-._-------- ... Park Housing Authority Administrative Plan — February 2016 Page 111 of 424 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 of the loan (mortgage) minus the expenses to convert to cash. [Notice PIH 2012-3] BPHA 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 Policy In the case of capital investments owned jointly with others not living in a family's unit, a prorated share of the property's cash value will be counted as an asset unless BPHA determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash. Trusts A trust is a legal arrangement generally regulated by state law in which one party (the creator or grantor) transfers property to a second party (the trustee) who holds the property for the benefit of one or more third parties (the beneficiaries). Revocable Trusts If any member of a family has the right to withdraw the funds in a trust, the value of the trust is considered an asset [HCV GB, p. 5-25]. Any income earned as a result of investment of trust funds is counted as actual asset income, whether the income is paid to the family or deposited in the trust. Nonrevocable Trusts In cases where a trust is not revocable by, or under the control of, any member of a family, the value of the trust fund is not considered an asset. However, any income distributed to the family from such a trust is counted as a periodic payment or a lump - sum receipt, as appropriate [24 CFR 5.603(b)]. (Periodic payments are covered in Section 6-I.H.; lump -sum receipts are discussed earlier in this section.) Baldwin Park Housing Authority Administrative Plan — February 2016 Page 112 of 424 Special Needs Trusts 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. 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 Coi,npaiiy,RetirerT7etitIPetision 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, l eo l 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]. .......................................... . Baldwin Park Housing Authority Administrative Plan — February 2016 Page 113 of 424 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]. BPHA Policy 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)]. 1:112106M 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. 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 insuranceolicies 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)]. • Disabilit or death benefits and lotte receipts paid periodically, rather than in a single lump sum [24 CFR 5.609(b)(4) and HCV, p. 5-14] Baldwin Park HousingAuthority Administrative Plan — February 2016 Y rY Page 114 of 424 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)]. 1920010, When a delayed -start payment is received and reported during the period in which BPHA is processing an annual reexamination, BPHA will not adjust the family share; however, 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 the amount of the overpayment withholding from the gross benefit amount [Notice PIH 2012-10]. 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] 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 livin at dome to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)] Baldwin Park Housing Authority Administrative Plan — February 2016 Page 115 of 424 • Amounts received under the Low -Income Home Ener Assistance Pro rain (42 U.S.C. 1626(c)) [24 CFR 5.609(c)(17)] • Amounts received under the Child Care and Ievelo arnent Flock Graft Act of 19C (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 Security and SSI payments (see Section 6-I.H.) [24 CFR 5.609(c)(14)]. • Lump -sums or prospective monthly amounts received as deferred disabilitynefits from the Ue artnlent of Veterans Affairs fyA[24 CFR 5.609(c)(14)] 6-I.I. 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.) 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)] Baldwin Park Housing Authority Administrative Plan — February 2016 Page 116 of 424 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)] 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 Policy 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 GB, 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 117 of 424 Regular Contributions or Gifts The PHA must count as income regular monetary and nonmonetary contributions or gifts from persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary, nonrecurring, or sporadic income and gifts are not counted [24 CFR 5.609(c)(9)]. Examples of regular contributions include: (1) regular payment of a family's bills (e.g., utilities, telephone, rent, credit cards, and car payments), (2) cash or other liquid assets provided to any family member on a regular basis, and (3) "in-kind" contributions such as groceries and clothing provided to a family on a regular basis. Nonmonetary contributions will be valued at the cost of purchasing the items, as determined by 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) and FR 12/14/121 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. Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9) and FR 4/10/06] 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. • 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-II.E, 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 Baldwin Park ...._ �.... ..am_ � HousingAuthorityAdministrative Plan —February 2016 Page 118 of 424 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 will have the meaning given this term by the institution of higher education in which the student is enrolled and will include any other fees and charges required by the institution for enrollment [FR 5/20/14, p. 28939]. 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) and updated by FR Notice 5/20/14 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 Flan to Attain Self - Sufficiency (EASS) [(24 CFR 5.609(c)(8)(ii)] • Reparation ppyMents paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era [24 CFR 5.609(c)(10)] • Ado tion assistance payments in excess of $480 per adopted child [24 CFR 5.609(c)(12)] Baldwin Park Housing Authority Administrative Plan — February 2016 Page 119 of 424 • Refunds or rebates on ropers waxes paid on the dwelling unit [24 CFR 5.609(c)(15)] • Amounts paid by a state agency to a family with a member who has a developmental disabllit and is livinat home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)] • Amounts specifically excluded 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) Any amount received under the Richard B. Russell School Lunch Act (42 U.S.C. 1760(e)) and the Child Nutrition Act of 1966 (42 U.S.C. 1780 (b)), 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) Q) 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 theU. S. Claims Court, the interests of ....................._._.. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 120 of 424 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) Compensation received by or on behalf of a veteran for service -connected disability, death, dependency, or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111-269; 25 U.S.C. 4103(9)) to the definition of income applicable to programs authorized under the Native American Housing Assistance and Self - Determination Act (NAHASDA)(25 U.S.C. 4101 et seq.) and administered by the Office of Native American Programs. (n) Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) (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 (Pub. L. 96-420, 25 U.S.C. 1728) (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, for programs administered under the United States Housing Act of 1937, title V of the Housing Act of 1949, Section 101 of the Housing and Urban Development Act of 1965, and Sections 221(d)(3), 235, and 236 of the National Housing Act (26 U.S.C. 32(I)) (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. 101 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 121 of 424 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)) (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. 117b(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)). Baldwin Park Housing Authority Administrative Plan — February 2016 Page 122 of 424 PART II: ADJUSTED INCOME 6-II.A. INTRODUCTION Overview HUD regulations require PHAs to deduct from annual income any of five mandatory deductions for which a family qualifies. The resulting amount is the family's adjusted income. Mandatory deductions are found in 24 CFR 5.611. ......... .... ...................... .__ _._ 5.611(a) Mandatory deductions. In determining adjusted income, the responsible entity [PHA] must deduct the following amounts from annual income: (1) $480 for each dependent (2) $400 for any elderly family or disabled family (3) The sum of the following, to the extent the sum exceeds three percent of annual income: (i) Unreimbursed medical expenses of any elderly family or disabled family (ii) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed. This deduction may not exceed the earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus; and (4) Any reasonable child care expenses necessary to enable a member of the family to be employed or to further his or her education. This part covers policies related to these mandatory deductions. Verification requirements related to these deductions are found in Chapter 7. Anticipating Expenses 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 123 of 424 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-II.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." 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 124 of 424 Summary of Allowable Medical Expenses from IRS Publication 502 Services of medical professionals Substance abuse treatment programs Surgery and medical procedures that are Psychiatric treatment necessary, legal, noncosmetic Ambulance services and some costs of Services of medical facilities transportation related to medical Hospitalization, long-term care, and in-home expenses nursing services The cost and care of necessary Prescription medicines and insulin, but not equipment related to a medical nonprescription medicines even if condition (e.g., eyeglasses/lenses, recommended by a doctor hearing aids, crutches, and artificial teeth) Improvements to housing directly related to Cost and continuing care of necessary medical needs (e.g., ramps for a wheel service animals chair, handrails) 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 tthey are not reimbursed by Insurance h source. .or some other s 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 125 of 424 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 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. M 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 126 of 424 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. 11-210110 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-II.F. CHILD CARE EXPENSE DEDUCTION HUD defines child care expenses at 24 CFR 5.603(b) as "amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or Baldwin Park Housing Authority Administrative Plan — February 2016 Page 127 of 424 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 LICY 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, and any special needs of the child that might help determine which family member is enabled to pursue an eligible activity. Seeking Work If the child care expense being claimed is to enable a family member to seek employment, the family must provide evidence of the family member's efforts to obtain employment 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 wilily .111 Vol 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 128 of 424 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 BPHA Policy If the child care expense being claimed is to enable a family member to be gainfully employed, the family must provide evidence of the family member's employment during the time that child care is being provided. Gainful employment is any legal work activity (full- or part-time) for which a family member is compensated. Earned Income Limit on Child Care Expense Deduction When a family member looks for work or furthers his or her education, there is no cap on the amount that may be deducted for child care — although the care must still be necessary and reasonable. However, when child care enables a family member to work, the deduction is capped by "the amount of employment income that is included in annual income" [24 CFR 5.603(b)]. The earned income used for this purpose is the amount of earned income verified after any earned income disallowances or income exclusions are applied. When the person who is enabled to work is a person with disabilities who receives the earned income disallowance (EID) or a full-time student whose earned income above $480 is excluded, child care costs related to enabling a family member to work may not exceed the portion of the person's earned income that actually is included in annual income. For example, if a family member who qualifies for the EID makes $15,000 but because of the EID only $5,000 is included in annual income, child care expenses are limited to $5,000. The PHA must not limit the deduction to the least expensive type of child care. If the care allows the family to pursue more than one eligible activity, including work, the cap is calculated in proportion to the amount of time spent working [HCV GB, p. 5-30]. When the child care expense being claimed is to enable a family member to work, only one family member's income will be considered for a given period of time. When more than one family member works during a given period, 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. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 129 of 424 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 mz ' 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. 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. Necessary and Reasonable Costs Child care expenses will be considered necessary if: (1) a family adequately explains how the care enables a family member to work, actively seek employment, or further his or her education, and (2) the family certifies, and the child care provider verifies, that the expenses are not paid or reimbursed by any other source. Child care expenses will be considered for the time required for the eligible activity plus reasonable transportation time. For child care that enables a family member to go to school, the time allowed may include not more than one study hour per day. To establish the reasonableness of child care costs, BPHA may use the schedule of child care costs from the local welfare agency. Families may present, and BPHA will consider, justification for costs that exceed typical costs in the area. Baldwin Park Housing Authority Administrative Plan — February 2016 Page 130 of 424 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 II) 10 percent of the family's monthly gross income (annual income, as defined in Part I, divided by 12) • The welfare rent (in as -paid states only) • A minimum rent between $0 and $50 that is established by the PHA The PHA has authority to suspend and exempt families from minimum rent when a financial hardship exists, as defined in Section 6-III.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] PHA Policy Welfare rent does not apply in this locality. Minimum Rent [24 CFR 5.630] SPHA 'Policy 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.) Baldwin Park Housing Authority thorit Administrative Plan —February 2016 Page 131 of 424 PHA Subsidy [24 CFR 982.505(b)] The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal to the lower of (1) the applicable payment standard for the family minus the family's TTP or (2) the gross rent for the family's unit minus the TTP. (For a discussion of the application of payment standards, see Section 6-III.C.) Utility Reimbursement [24 CFR 982.514(b)] When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly to the utility provider. BPHA Policy BPHA will make utility reimbursements to the family. 6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630] 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 TT. Financial hardship exemption from minimum rent— (1) Family's exempt from minimum rent - The PHA must grant an exemption from payment of minimum rent if the family is unable to pay the minimum rent because of financial hardship. Financial hardship includes these situations: (i) When 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; (ii) When the family would be evicted because it is unable to pay the minimum rent; (iii) When the income of the family has decreased because of changed circumstances, including loss of employment; (iv) When a death has occurred in the family; and (v) Other circumstances determined by the responsible entity or HUD. (2) Requests for hardship exemption? All section 8 programs. (A) If a family requests a financial hardship exemption, the responsible entity must suspend the minimum rent requirement beginning the month following the family's request for a Ba11 ldwin Park HousingAuthority thority Administrative Plan -February 2016 Page 132 of 424 hardship exemption until the responsible entity determines whether there is a qualifying financial hardship, and whether such hardship is temporary or long term. (B) The responsible entity must promptly determine whether a qualifying hardship exists and whether it is temporary or long term. (C) If the responsible entity determines that a qualifying financial hardship is temporary, the PHA must not impose the minimum rent during the 90 - day period beginning the month following the date of the family's request for a hardship exemption. At the end of the 90 -day suspension period, the responsible entity must reinstate the minimum rent from the beginning of the suspension. The family must be offered a reasonable repayment agreement, on terms and conditions established by the responsible entity, for the amount of back rent owed by the family. The BPHA will enter into a repayment agreement in accordance with the procedures found in Chapter 16 of this plan. (iii) All programs. (A) 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. Inalmemil The 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. (B) If the responsible entity determines a qualifying financial hardship is long term, the responsible entity must exempt the family from the minimum rent requirements so long as such hardship continues. Such exemption shall apply from the beginning of the month following the family's request for a hardship exemption until the end of the qualifying financial hardship. (C) 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)). 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 Baldwin Park Housing Authority Administrative Plan — February 2016 Page 133 of 424 minimum rent. The BPHA will make the determination of hardship within 10 business days. The BPHA defines temporary hardship as a hardship expected to last twenty-four (24) months or less. Long-term hardship is defined as a hardship expected to last more than twenty-four (24) months.. 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. 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] Overview The PHA's schedule of payment standards is used to calculate housing assistance payments for HCV families. This section covers the application of the PHA's payment standards. The establishment and revision of the PHA's payment standard schedule are covered in Chapter 16. Payment standard is defined as "the maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family)" [24 CFR 982.4(b)]. The payment standard for a family is the lower of (1) the payment standard for the family unit size, which is defined as the appropriate number of bedrooms for the family under the PHA's subsidy standards [24 CFR 982.4 (B)], or (2) the payment standard for the size of the dwelling unit rented by the family. If the PHA has established an exception payment standard for a designated part of an FMR area and a family's unit is located in the exception area, the PHA must use the appropriate payment standard for the exception area. The PHA is required to pay a monthly housing assistance payment (HAP) for a family that is the lower of (1) the payment standard for the family minus the family's TTP or (2) the gross rent for the family's unit minus the TTP. If during the term of the HAP contract for a family's unit, the owner lowers the rent, the PHA will recalculate the HAP using the lower of the initial payment standard or the gross rent for the unit [HCV GB, p. 7-8]. ....... .._... Baldwin Park Housing Authority Administrative Plan — February 2016 Page 134 of 424 Changes in Payment Standards When HUD updates its FMRs, the PHA must update its payment standards if the standards are no longer within the basic range [24 CFR 982.503(b)]. BPHA Policy Payment standards are reviewed annually to confirm that they are within the basic range. Decreases [24 CFR 982.505 (3)] Decrease in the payment standard amount during the HAP contract term. 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. The PHA must determine the payment standard for the family as follows. (i) Step 1: At the first regular reexamination following the decrease in the payment standard amount, the PHA shall determine the payment standard for the family in accordance with paragraphs (c)(1) and (c)(2) of this section (using the decreased payment standard amount). (ii) Step 2 (first reexamination payment standard amount): The PHA shall compare the payment standard amount from step 1 to the payment standard amount last used to calculate the monthly housing assistance payment for the family. The payment standard amount used by the PHA to calculate the monthly housing assistance payment at the first regular reexamination following the decrease in the payment standard amount is the higher of these two payment standard amounts. The PHA shall advise the family that the application of the lower payment standard amount will be deferred until the second regular reexamination following the effective date of the decrease in the payment standard amount. (iii) Step 3 (second reexamination payment standard amount): At the second regular reexamination following the decrease in the payment standard amount, the lower payment standard amount shall be used to calculate the monthly housing assistance payment for the family unless the PHA has subsequently increased the payment standard amount, in which case the payment standard amount is determined in accordance with paragraph (c)(4) of this section. Increase (4) Increase in the payment standard amount during the HAP contract term. If the payment standard amount is increased during the term of the HAP contract, the increased payment standard amount shall be used to calculate the monthly housing assistance payment for the family beginning at the effective date of the family's first Baldwin Park Housing Authority Administrative Plan —February 2016 Page 135 of 424 regular reexamination on or after the effective date of the increase in the payment standard amount. (5) Change in family unit size during the HAP contract term. 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 must be used to determine the payment standard amount for the farnily beginning at the family's first regular reexamination following the change in family unit size. (d) PHA approval of higher payment standard for the family as a reasonable accommodation. If the family includes a person with disabilities and requires a higher payment standard for the family, as a reasonable accommodation for such person, in accordance with part 8 of this title, the PHA may establish a higher payment standard for the family within the basic range. 6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517] Overview A PHA -established utility allowance schedule is used in determining family share and PHA subsidy. 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. 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. For policies on establishing and updating utility allowances, see Chapter 16. Reasonable Accommodation HCV program regulations require a PHA to approve a utility allowance amount higher than shown on the PHA's schedule if a higher allowance is needed as a reasonable accommodation for a family member with a disability. For example, if a family member with a disability requires such an accommodation, the PHA will approve an allowance for air-conditioning, even if the PHA has determined that an allowance for air- conditioning generally is not needed. BPHA Policy 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. Baldwin Park Housing Authority Administrative Plan —February 2016 Page 136 of 424 Utility Allowance Revisions At reexamination, the PHA must use the PHA current utility allowance schedule [24 CFR 982.517(d)(2)]. 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 III. B. 6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.5201 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 — February 2016 Page 137 of 424 EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS 24 CFR 5.609 (a) Annual income means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12 -month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12 -month period) from assets to which any member of the family has access. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. (3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this Section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; (4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump -sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this Section); (5) Payments in lieu of earnings, such as unemployment and disability Baldwin Park Housing Authority Administrative Plan — February 2016 Page 138 of 424 compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this Section); (6) Welfare assistance payments. (i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments: (A) Qualify as assistance under the TANF program definition at 45 CFR 260.311; and (B) Are not otherwise excluded under paragraph (c) of this Section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: (A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus (B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph ' Text of 45 C"17R 260.31 follows. 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 "assistance" mean? (a)(1) The term "assistance" includes cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). ...... . . . Baldwin Park Housing Authority Administrative Plan — February 2016 Page 139 of 424 (2) It includes such benefits even when they are: (i) Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual recipients; and (ii) Conditioned on participation in work experience or community service (or any other work activity under 261.30 of this chapter). (3) Except where excluded under paragraph (b) of this section, it also includes supportive services such as transportation and child care provided to families who are not employed. (b) [The definition of "assistance"] excludes: (1) 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. 24 CFR 5.609 (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. EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS' (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 Baldwin Park Housin........, g Authority 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 Page 140 of 424 Administrative Plan — February 2016 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); (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; Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; (9) Temporary, nonrecurring or sporadic income (including gifts); (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) [HUD Reserved] (14) Deferred periodic amounts from supplemental security income and social security benefits that are received in a Baldwin Park H ousing Authority Administrative Plan —February 2016 Page 141 of 424 lump sum amount or in prospective monthly amounts. (15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or (17) Amounts specifically excluded by any other f=ederal 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.] (18) Allowances paid to children of Vietnam veterans born with spina bifida and children of women Vietnam veterans born with certain birth defects, and to children of certain Korean service veterans born with spina bifida. Bn Park Housing Authority— Administrative Plan —February 2016 aldwi Page 142 of 424 EXHIBIT 6 3 TREATMENT OF ASSETS .. ......... .....--...._.FAMILY A ., ....-_ 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 y Authorit Administrative Plan —February 2016 Page 143 of 424 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 increase in annual income provided by this section is applicable only to the following programs: HOME Investment Partnerships Program (24 CFR Part 92); Housing Opportunities for Persons with AIDS (24 CFR Part 574); Supportive Housing Program (24 CFR Part 583); and the Housing Choice Voucher Program (24 CFR Part 982). (b) Definitions. The following definitions apply for purposes of this Section. Disallowance. Exclusion from annual income. Previously unemployed includes a person with disabilities who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Qualified family. A family residing in housing assisted under one of the programs listed in paragraph (a) of this section or receiving tenant - based rental assistance under one of the programs listed in paragraph (a) of this section. (1) Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment; (2) Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self- sufficiency or other job training program; or (3) Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services under any State program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare -to -Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance-- provided that the total amount over a six-month period is at least $500. (c) Disallowance of increase in annual income— (1) Initial twelve month exclusion. During the cumulative twelve month period beginning on the date a member who is a person with disabilities of a qualified Baldwin Park Housing Authority Administrative Plan — September 2015 Page 144 of 424 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. During the second cumulative twelve month period after the date a member who is a person with disabilities of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the responsible entity must exclude from annual income of a qualified family fifty percent (50%) of any increase in income of such family member as a result of employment over income of that family member prior to the beginning of such employment. (3) Maximum four year disallowance. The disallowance of increased income of an individual family member who is a person with disabilities as provided in paragraph (c)(1) or (c)(2) is limited to a lifetime 48 -month period. The disallowance only applies for a maximum of twelve months for disallowance under paragraph (c)(1) and a maximum of twelve months for disallowance under paragraph (c)(2), during the 48 - month period starting from the initial exclusion under paragraph (c)(1) of this section. (d) Inapplicability to admission. The disallowance of increases in income as a result of employment of persons with disabilities under this section does not apply for purposes of admission to the program (including the determination of income eligibility or any income targeting that may be applicable). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 145 of 424 EXHIBIT 6 5.. ., ... N THE EFFECT OF WELFARE BENEFIT REDUCTIO 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 146 of 424 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 147 of 424 (2) The PHA is responsible for determining the amount of imputed welfare income that is included in the family's annual income as a result of a specified welfare benefits reduction as determined by the welfare agency, and specified in the notice by the welfare agency to the PHA. However, the PHA is not responsible for determining whether a reduction of welfare benefits by the welfare agency was correctly determined by the welfare agency in accordance with welfare program requirements and procedures, 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 — September 2015 Page 148 of 424 Chapter 7 VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2010-19] 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 2010-19 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 II 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 I. GENERAL VERIFICATION REQUIREMENTS 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.2301 The family must supply any information that the PHA or HUD determines is necessary to the administration of the program and must consent to PHA verification of that information [24 CFR 982.551]. Consent Forms It is required that all adult applicants and participants sign form HUD -9886, Authorization for Release of Information. The purpose of form HUD -9886 is to facilitate automated data collection and computer matching from specific sources and provides the family's consent only for the specific purposes listed on the form. HUD and the PHA may collect information from State Wage Information Collection Agencies (SWICAs) and current and former employers of adult family members. Only HUD is authorized to collect information directly from the Internal Revenue Service (IRS) and the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family's eligibility and level of assistance. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 149 of 424 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. 7-1.13. OVERVIEW OF VERIFICATION REQUIREMENTS HUD's Verification Hierarchy [Notice PIH 2010-19] 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 Policy 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 BPHA Polic 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, annotate the copy with original (og) and the initial of the Housing staff who accepted it. 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 — September 2015 Page 150 of 424 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 Polio BPHA will document, in the family file, the following: • Reported family annual income • Value of assets • Expenses related to deductions from annual income • 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 2010-19]. 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 H..ro, Housing Authority Administrative Plan — September 2015 Page 151 of 424 EIV Income Reports The data shown on income reports is updated quarterly. Data may be between 3 and 6 months old at the time reports are generated. lyrujusimmo BPHA will obtain income reports for annual reexaminations on a monthly basis. Reports will be generated as part of the regular reexamination process. Income 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 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 reports will be retained in participant files with the applicable annual or interim reexamination documents. When BPHA determines through income 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 2012-10]. When identity verification for a participant fails, a message will be displayed within the EIV system and no income information will be displayed. M� M 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 — September 2015 Page 152 of 424 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. MNM=m_ 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 7-I.D. THIRD -PARTY WRITTEN AND ORAL VERIFICATION 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 2010-19] 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. 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 — September 2015 Page 153 of 424 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 Polic 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 PIH 2010-19] 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. N I F -'M -'M M 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 PIH 2010-19] 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 — September 2015 Page 154 of 424 verification of income, assets, or expenses when these items would have a minimal impact on the family's total tenant payment. If the family cannot provide charge required to obtain effective in which case a means of verification. The family. Primary Documents original documents, BPHA will pay the service third -party verification, unless it is not cost self -certification will be acceptable as the only cost of verification will not be passed on to the 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 Polo 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. 7-I.E. SELF -CERTIFICATION Self -certification, or "tenant declaration," is used as a last resort when the PHA is unable to obtain third -party verification. When the PHA 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. 0 A I 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 155 of 424 PART II. VERIFYING FAMILY INFORMATION 7-II.A. VERIFICATION OF LEGAL IDENTITY ■ BPHA will require families to furnish verification of legal identity for each household member. Verification of Legal Identity for Verification of Legal Identity for Adults Children Certificate of birth, naturalization Certificate of birth papers Adoption papers Church issued baptismal certificate Custody agreement Current, valid driver's license or Department of Motor Vehicles Health and Human Services ID identification card Certified school records U.S. military discharge (DD 214) Current U.S. passport Current employer identification card 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-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2012-10] 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 ..............ee., Baldwin Park Housin Authority Administrative Plan — September 2015 Page 156 of 424 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. J IMuniumas 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. 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. 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. BPHA will verify each disclosed SSN by: Obtaining documentation from applicants and participants that is acceptable as evidence of social security numbers Baldwin Park Housing Authority Administrative Plan — September 2015 Page 157 of 424 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. AW 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. 7-II.C. DOCUMENTATION OF AGE A birth certificate or other official record of birth is the preferred form of age verification for all family members. For elderly family members an original document that provides evidence of the receipt of social security retirement benefits is acceptable. = If an official record of birth or evidence of social security retirement benefits cannot be provided, 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-II.D. FAMILY RELATIONSHIPS Applicants and program participants are required to identify the relationship of each household member to the head of household. Definitions of the primary household relationships are provided in the Eligibility chapter. Family relationships are verified only to the extent necessary to determine a family's eligibility and level of assistance. Certification by the head of household normally is sufficient verification of family relationships. Marriage BPHA Polic e A marriage certificate is required to verify that a couple is married. Separation or Divorce BPHA Polio Certification by the head of household is normally sufficient verification. If BPHA has reasonable doubts about a separation or divorce, BPHA will divorce, or separation. Baldwin P Housing Author p ....�...r require the family to provide documentation of the Ivo ity Admirnstrative Plan - September 2015 Page 158 of 424 Absence of Adult Member 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 BPHA Policy Third -party verification from the state or local government agency responsible for the placement of the individual with the family is required. 7-II.E. VERIFICATION OF STUDENT STATUS General Requirements 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. • 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. Baldwin Park Housing A....,. uthority Administrative Plan — September 2015 Page 159 of 424 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. • 0 0 In accordance with the verification hierarchy described in Section 7-1.B, 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- II.E, 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- IILJ) or the student's independence from his/her parents (see below). Independent Student BPHA Policy 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 prior year income tax returns to verify whether a parent has claimed the student as a dependent Baldwin Park Housing Authority Administrative Plan — September 2015 Page 160 of 424 • 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. 7-II.F. DOCUMENTATION OF DISABILITY The PHA must verify the existence of a disability in order to allow certain income disallowances and deductions from income. The PHA is not permitted to inquire about the nature or extent of a person's disability [24 CFR 100.202(c)]. The PHA may not inquire about a person's diagnosis or details of treatment for a disability or medical condition. If the PHA receives a verification document that provides such information, the PHA will not place this information in the tenant file. Under no circumstances will the PHA request a participant's medical record(s). For more information on health care privacy laws, see the Department of Health and Human Services' website at htt ://wWw.hhs,gov/o r/ r vacy/. 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 • 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]. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 161 of 424 verification letter by either calling SSA at 1-800-772-1213, or by requesting it from www.sa.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. BPHA Policy 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-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508] Overview Housing assistance is not available to persons who are not citizens, nationals, or eligible immigrants. Prorated assistance is provided for "mixed families" containing both eligible and ineligible persons. A detailed discussion of eligibility requirements is in the Eligibility chapter. This verifications chapter discusses HUD and PHA verification requirements related to citizenship status. The family must provide a certification that identifies each family member as a U.S. citizen, a U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the documents discussed below for each family member. Once eligibility to receive assistance has been verified for an individual it need not be collected or verified again during continuously -assisted occupancy [24 CFR 5.508(g)(5)]. U.S. Citizens and Nationals HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The declaration must be signed personally by any family member 18 or older and by a guardian for minors. The PHA may request verification of the declaration by requiring presentation of a birth certificate, United States passport or other appropriate documentation. A Family members who claim U.S. citizenship or national status will be required to provide additional documentation. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 162 of 424 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 GB, 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 III. VERIFYING INCOME AND ASSETS Chapter 6, Part I of this plan describes in detail the types of income that are included and excluded and how assets and income from assets are handled. Any assets and income reported by the family must be verified. This part provides PHA policies that supplement the general verification procedures specified in Part I of this chapter. 7-III.A. EARNED INCOME Tips Unless tip income is included in a family member's W-2 by the employer, persons who work in industries where tips are standard will be required to sign a certified estimate of tips received for the prior year and tips anticipated to be received in the coming year. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 163 of 424 Wages Ma = 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 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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 164 of 424 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS Social Security/SSI Benefits 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.sa.oyv 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/SSI 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. 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 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 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: Baldwin Park Housing Authority Administrative Plan — September 2015 Page 165 of 424 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]. 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. 7-III.F. NET INCOME FROM RENTAL PROPERTY The family must provide: A current executed lease for the property that shows the rental amount or certification from the current tenant. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 166 of 424 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 BPHA Policy 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-III.H. INCOME FROM EXCLUDED SOURCES A detailed discussion of excluded income is provided in Chapter 6, Part I. HUD guidance on verification of excluded income draws a distinction between income which is fully excluded and income which is only partially excluded. 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 2013-041. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 167 of 424 • 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) per PHA Policy. • The PHA will accept the family's self -certification as verification of fully excluded income. The PHA may request additional documentation if necessary to document the income source. • The PHA will verify the source and amount of partially excluded income as described in Part 1 of this chapter. 7-III.I. ZERO ANNUAL INCOME STATUS BPHA Polic 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-III.J. STUDENT FINANCIAL ASSISTANCE Any financial assistance, in excess of amounts received for tuition, 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 be able to determine whether or to what extent the income is to be excluded (see Section 7-III.H). BPHA Policy 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 168 of 424 In addition, BPHA will request written verification of the student's tuition amount. 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 7-1.13. 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 in accordance with PHA Policy [24 CFR 5.612 and FR 4/10/06, p. 18146]. 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. BPHA Policy 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 (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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 169 of 424 PART IV. VERIFYING MANDATORY DEDUCTIONS 7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS The dependent and elderly/disabled family deductions require only that the PHA verify that the family members identified as dependents or elderly/disabled persons meet the statutory definitions. No further verifications are required. Dependent Deduction See Chapter 6 (6-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 I. Amount of Expense 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. 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 Baldwir�ark Housing g Authority Administrative Plan — September 2015 Page 170 of 424 • 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. 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 Policy y 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. .....__ ............ . Baldwin Park Housing Authority Administrative Plan — September 2015 Page 171 of 424 7-IV.C. DISABILITY ASSISTANCE EXPENSES 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 I. Amount of Expense Attendant Care BPHA Polic 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 BPI-i�A Policy 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-II1 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.). ........ Baldwin Park Housing Authority Administrative Plan — September 2015 Page 172 of 424 Family Member is a Person with Disabilities To be eligible for the disability assistance expense deduction, the costs must be incurred for attendant care or auxiliary apparatus expense associated with a person with disabilities. The PHA will verify that the expense is incurred for a person with disabilities (see Section 7-II.F). Family Member(s) Permitted to Work The PHA must verify that the expenses claimed actually enable a family member, or members, (including the person with disabilities) to work. BPFIA Eglicy 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. BPHA Policy; 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-II1). 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 (Supporting documentation is required, including BPHA Childcare Certification form and 3 months payment receipts.) • The costs are reasonable Baldwin Park Housing Authority Administrative Plan — September 201 dw 5 Page 173 of 424 Eligible Child To be eligible for the childcare deduction, the costs must be incurred for the care of a child under the age of 13. The PHA will verify that the child being cared for (including foster children) is under the age of 13 (see Section 7-II.C.). Unreimbursed Expense To be eligible for the childcare deduction, the costs must not be reimbursed by another source. BPHAPolicy. 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. BPHAolicy 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 174 of 424 provide information about the timing of classes for which the person is registered. The documentation may be provided by the family. Gainful Employment 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. BPHA Polic BPHA will verify that the type of child care selected by the family is allowable, as described in Chapter 6 (Section 6-II1). 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). 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. 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 — September 2015 Page 175 of 424 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS HC FOR, NONCITIZENS .V GB, pp 5-9 d 5-10] ��. ................ m anm. • 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 application is • "Section 208" or "Asylum" filed on or after 10/1/90) or from a • 'Section 243(h)" or "Deportation USCIS district director granting stayed by Attorney General" asylum (application filed before 10/1 /90); • "Paroled Pursuant to Section 221 • A court decision granting (d)(5) of the USCIS" withholding of deportation; or • A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1/90) • Form 1-688 Temporary Resident Card Form 1-6888 Employment Authorization annotated "Section 245K or Section Card annotated "Provision of Law 274a. 210". 12(11)" or "Provision of Law 274a.12". Baldwin Park Housing Authority Administrative Plan — September 2015 Page 176 of 424 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. BPHA will 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 — September 2015 Page 177 of 424 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. 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. 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. 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 II. The Inspection Process. This part describes the types of inspections the PHA will make and the steps that will be taken when units do not meet HQS. Part III. Rent Reasonableness Determinations. This part discusses the policies the PHA will use to make rent reasonableness determinations. Special HQS requirements for homeownership, manufactured homes, and other special housing types are discussed in Chapter 15 to the extent that they apply in this jurisdiction. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 178 of 424 PART I: PHYSICAL STANDARDS 8.I.A. GENERAL HUD REQUIREMENTS HUD Performance and Acceptability Standards HUD's performance and acceptability standards for HCV -assisted housing are provided in 24 CFR 982.401. These standards cover the following areas: Sanitary facilities . Food preparation and refuse disposal Space and Security . Thermal Environment Illumination and electricity . Structure and materials Interior Air Quality . Water Supply Lead-based paint Access Site and neighborhood . Sanitary condition Smoke Detectors A summary of HUD performance criteria is provided in Exhibit 8-1. Additional guidance on these requirements is found in the following HUD resources: Housing Choice Voucher Guidebook, Chapter 10. HUD Housing Inspection Manual for Section 8 Housing HUD Inspection Form, Form HUD -52580 (3/01) and Inspection Checklist, Form HUD -52580-A (9/00) HUD Notice 2003-31, Accessibility Notice: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 and the Fair Housing Act of 1988. Tenant Preference Items HUD requires the PHA to enforce minimum HQS but also recognizes that certain judgments about the acceptability of the unit are left to the family. For example, the PFIA 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. Baldwin Park HousingAuthority Administrative Plan — September 2015 Page 179 of 424 Modifications to Provide Accessibility Under the Fair Housing Act of 1988 an owner must not refuse the request of a family that contains a person with a disability to make necessary and reasonable modifications to the unit. Such modifications are at the family's expense. The owner may require restoration of the unit to its original condition if the modification would interfere with the owner or next occupant's full enjoyment of the premises. The owner may not increase a customarily required security deposit. However, the landlord may negotiate a restoration agreement that requires the family to restore the unit and, if necessary to ensure the likelihood of restoration, may require the tenant to pay a reasonable amount into an interest bearing escrow account over a reasonable period of time. The interest in any such account accrues to the benefit of the tenant. The owner may also require reasonable assurances that the quality of the work will be acceptable and that any required building permits will be obtained. [24 CFR 100.203; Notice 2003- 31]. Modifications to units to provide access for a person with a disability must meet all applicable HQS requirements and conform to the design, construction, or alteration of facilities contained in the UFAS and the ADA Accessibility Guidelines (ADAAG) [28 CFR 35.151(c) and Notice 2003-31] See Chapter 2 of this plan for additional information on reasonable accommodations for persons with disabilities. BPHA Policy Any owner that intends to negotiate a restoration agreement or require an escrow account must submit the agreement(s) to BPHA for review. 8.1.13. 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)]. State and Local Codes 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. BPHA Policy The heating system must be capable of maintaining an interior temperature of 65 degrees Fahrenheit between October 1 and May 1. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 180 of 424 Clarifications of HUD Requirements BPHAr Policy As permitted by HUD, BPHA has adopted the following specific requirements that elaborate on HUD standards. Walls In areas where plaster or drywall is sagging, severely cracked, or otherwise damaged, it must be repaired or replaced. 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) Baldwin Park Housing Authority Administrative Plan — September 2015 Page 181 of 424 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 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)] 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 Policy The following are considered life-threatening conditions: Any condition that jeopardizes the security of the unit Major plumbing leaks or flooding, waterlogged ceiling or floor in imminent danger of falling Natural or LP gas or fuel oil leaks Any electrical problem or condition that could result in shock or fire 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 Absence of a functioning toilet in the unit Inoperable smoke and carbon monoxide detectors Broken glass where someone could be injured Baldwin Park Housing Authority Administrative Plan — September 2015 Page 182 of 424 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 982.4041 Family Responsibilities The family is responsible for correcting the following HQS deficiencies: • Tenant -paid utilities not in service • 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 ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL [24 CFR 35.1225] If a PHA is notified by a public health department or other medical health care provider, or verifies information from a source other than a public health department or medical health care provider, that a child of less than 6 years of age, living in an HCV -assisted unit has been identified as having an environmental intervention blood lead level, the PHA must complete a risk assessment of the dwelling unit. The risk assessment must be completed in accordance with program requirements, and the result of the risk assessment must be immediately provided to the owner of the dwelling unit. In cases where the public health department has already completed an evaluation of the unit, this information must be provided to the owner. Within 30 days after receiving the risk assessment report from the PHA, or the evaluation from the public health department, the owner is required to complete the reduction of identified lead-based paint hazards in accordance with the lead - Baldwin Park Housing Authority m•.....___ Administrative Plan — September 2015 Page 183 of 424 based paint regulations [24 CFR 35.1325 and 35.1330]. If the owner does not complete the "hazard reduction" as required, the dwelling unit is in violation of HQS and the PHA will take action in accordance with Section 8-II.G. PHA reporting requirements, and data collection and record keeping responsibilities related to children with an environmental intervention blood lead level are discussed in Chapter 16. 8 -I -F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.401, 24 CFR 982.403] A dwelling unit must: • Provide adequate space and security for the family • 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. IMON-MIMMV MEM 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: • 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) 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 184 of 424 PART II: THE INSPECTION PROCESS 8-II.A. OVERVIEW [24 CFR 982.4051 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. • Annual/Biennial 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 within a 12 - month period. • 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 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 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)]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 185 of 424 Notice and Scheduling The family must allow the PHA to inspect the unit at reasonable times with reasonable notice [24 CFR 982.551(d)]. Both the family and the owner will be given reasonable notice of all inspections. Except in the case of a life-threatening emergency, reasonable notice is considered 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 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]. When a family occupies the unit at the time of inspection an adult family representative 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. 8-11.13. INITIAL HQS INSPECTION [24 CFR 982.401(a)] Timing of Initial Inspections HUD requires the unit to pass HQS before the effective date of the lease and HAP Contract. 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 business 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 business days. The 15- business day period is suspended for any period during which the unit is not available for inspection [982.305(b)(2)]. BPHA Policy BPHA will complete the initial inspection, determine whether the unit satisfies HQS, and notify the owner and the family of the determination Baldwin Park Housing Authority Administrative Plan — September 2015 Page 186 of 424 within 15 business days of submission of the Request for Tenancy Approval (RFTA). Initial Inspection Results and Re -inspections r 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 5 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. 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 IMOMM '• 1 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 — September 2015 Page 187 of 424 8.II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405(a)] BPHA I'Q!l q Each unit under HAP contract must be inspected within 12 months of the last full HQS inspection. BPHA will not accept the results of inspections performed by HUD or for other housing programs such as HOME or LIHTC. Scheduling the Inspection 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 5 business days of the originally -scheduled date. BPHA may schedule an inspection more than 5 business days after the original date for good cause. If the family misses the first scheduled appointment without requesting a new inspection date, 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] 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. BPHA Policy During a special inspection, BPHA generally will inspect only those deficiencies that were reported. However, the inspector will record any additional HQS deficiencies that are observed and will require the responsible party to make the necessary repairs. If 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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 188 of 424 8-II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b), HCV GB p. 10-32] HUD requires a PHA supervisor or other qualified person to conduct quality control inspections of a sample of units to ensure that each inspector is conducting accurate and complete inspections and that there is consistency in the application of the HQS. The unit sample must include only units that have been inspected within the preceding 3 months. The selected sample will include (1) each type of inspection (initial, annual, and special), (2) inspections completed by each inspector, and (3) units from a cross-section of neighborhoods. 8.II.17. 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. 912 1 Film; When life-threatening conditions are identified, BPHA will immediately notify both parties by telephone, facsimile, or email. The notice will specify who is responsible for correcting the violation. The corrective actions must be taken within 24 hours of BPHA's notice. When failures that are not life-threatening are the owner and the family a written notification within 5 business days of the inspection. The who is responsible for correcting the violation which the failure must be corrected. Generally, be allowed for the correction. The notice of inspection results will conditions are not corrected with conditions are not corrected within approved extension), the owner's I BPHA Policy (see Section 8-II.G.). deficiencies, the notice will inform made within the specified time frar applicable) the family's assistance BPHA Policy (see Chapter 12). identified, BPHA will send of the inspection results written notice will specify and the time frame within not more than 30 days will inform the owner that if life-threatening n 24 hours, and non -life-threatening the specified time frame (or any PHA- 1AP will be abated in accordance with Likewise, in the case of family caused the family that if corrections are not ie (or any PHA -approved extension, if will be terminated in accordance with Baldwin Park Housing Authority Administrative Plan — September 2015 Page 189 of 424 Extensions For conditions that are life-threatening, the PHA cannot grant an extension to the 24 hour corrective action period. For conditions that are not life-threatening, the PHA may grant an exception to the required time frames for correcting the violation, if the PHA determines that an extension is appropriate [24 CFR 982.404]. Extensions will be granted in cases where 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 6PHA I olucy 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 190 of 424 8.II.G. ENFORCING OWNER COMPLIANCE If the owner fails to maintain the dwelling unit in accordance with HQS, the PHA must take prompt and vigorous action to enforce the owner obligations. HAP Abatement If an owner fails to correct HQS deficiencies by the time specified by the PHA, HUD requires the PHA to abate housing assistance payments no later than the first of the month following the specified correction period (including any approved extension) [24 CFR 985.3(% 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. BPHA Polk 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 5 business days of the owner's notification that the work has been completed. Payment will resume effective on the day the unit passes inspection. During any abatement period the family continues to be responsible for its share of the rent. The owner must not seek payment from the family for abated amounts and may not use the abatement as cause for eviction. HAP Contract Termination The PHA must decide how long any abatement period will continue before the HAP contract will be terminated. The PHA should not terminate the contract until the family finds another unit, provided the family does so in a reasonable time [HCV GB p. 10-29] and must give the owner reasonable notice of the termination. The PHA will issue a voucher to permit the family to move to another unit as described in Chapter 10. The maximum length of time that 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.II.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(b)] Families are responsible for correcting any HQS violations listed in paragraph 8.I.D. If the family fails to correct a violation within the period allowed by the PHA (and any extensions), the PHA will terminate the family's assistance, according to the policies described in Chapter 12. If the owner carries out a repair for which the family is responsible under the lease, the owner may bill the family for the cost of the repair. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 191 of 424 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. 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. BPHA Polio BPHA will comply with CFR 982.519 as follows: 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 (ii) During the year before the annual anniversary date, the owner has complied with all requirements of the HAP contract, including compliance 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 192 of 424 (ii) 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 (12 -months), the owner may request a rent adjustment in accordance with the owner's lease. For rent increase requests after initial lease -up, the 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 5 percent (5%) 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 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 193 of 424 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 (BMIR) 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. Note: Notice PIH 2011-46, issued August 17, 2011, provides further guidance on the issue of what constitutes an assisted unit. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 194 of 424 8-III.D . PHA RENT REASONABLENESS METHODOLOGY 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 132011001 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 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 — September 2015 Page 195 of 424 EXHIBIT -.... ., ,.., ........ �......._ __ .... R ..... 99 8 1 OVERVIEW OF HUD HOUSING QUALITY STANDAR DS Note: This document provides an overview of HQS. For more detailed information see the following documents: 24 CFR 982.401, Housing Quality Standards (HQS) • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • HUD Inspection Form, Form HUD -52580 (3/01) and Inspection Checklist, Form HUD -52580-A (9/00) Sanitary Facilities The dwelling unit must include sanitary facilities within the unit. ❑The sanitary facilities must be usable in privacy and must be in proper operating condition and adequate for personal cleanliness and disposal of human waste. Food Preparation and Refuse Disposal The dwelling unit must have space and equipment suitable for the family to store, prepare, and serve food in a sanitary manner. Space and Security The dwelling unit must provide adequate space and security for the family. This includes having at least one bedroom or living/sleeping room for each two persons. Thermal Environment The unit must have a safe system for heating the dwelling unit. Air conditioning is not required but if provided must be in proper operating condition. The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene. Portable electric room heaters or kitchen stoves with built-in heating units are not acceptable as a primary source of heat for units located in climatic areas where permanent heat systems are required. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 196 of 424 Ground Fault Circuit Interrupters (GFCI's) must be installed on electrical outlets located adjacent to sinks in kitchen and bathrooms. 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 For units occupied by environmental intervention blood lead level (lead poisoned) children under six years of age, a risk assessment must be conducted (paid for by the PHA). If lead hazards are identified during the risk assessment, the owner must complete hazard reduction activities. See HCV GB p. 10-15 for a detailed description of these requirements. For additional information on lead-based paint requirements see 24CFR35, Subparts A, B, M, and R. Access Baldwin Park Housing — September Authority Administrative Plan .. �� ............ � ��beerr ��2015 Page 197 of 424 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 — September 2015 Page 198 of 424 EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY Note: This document provides an overview of unit and site characteristics and conditions for which the family determines acceptability. For more detailed information see the following documents: • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • HUD Inspection Form, Form HUD -52580 (3/01) and Inspection Checklist, Form H U D -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 . Admin � e Administrative Plan — September 2015 Page 199 of 424 • 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 bedbug/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 PO1Icy 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 will hold orientation for new participants and staff and post signs and handouts regarding bedbug or any other infestation prevention. • BPHA will respond with urgency to any tenant report of infestation. • 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 will discuss measures the tenant may take at the unit before an inspection is performed. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 200 of 424 • BPHA will conduct an inspection within three business days of tenant complaint, which will cover the unit reporting the infestation and those units immediately adjacent. Units above, below, left and right will be inspected. BPHA will work with the Landlord to address non -Section 8 units. BPHA will 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 — September 2015 Page 201 of 424 Chapter 9 GENERAL LEASING POLICIES INTRODUCTION 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 initiall leasin a unit onl : Where the gross rent of the unit exceeds the applicable payment standard for the family, the share of rent to be paid by the family cannot exceed 40 percent of the family's monthly adjusted income [24 CFR 982.305(a)] 9-I.A. TENANT SCREENING The 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 202 of 424 The name and address (if known to the PHA) of the landlord at the family's current and prior address. [24 CFR 982.307 (b)(1)]. The PHA is permitted, but not required, to offer the owner other information in the PHA's possession about the 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)]. 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-I.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: • 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 203 of 424 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. 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]. BI?HA 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. 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)] See Chapter 13 for a full discussion of owner qualification to participate in the HCV program. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 204 of 424 9-I.D. ELIGIBLE UNITS There are a number of criteria that a dwelling unit must meet in order to be eligible for assistance under the voucher program. Generally, a voucher -holder family may choose any available rental dwelling unit on the market in the PHA's jurisdiction. This includes the dwelling unit they are currently occupying. The BPHA's jurisdiction includes the cities of Baldwin Park, El Monte, South EI 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 Policy 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: • Public or Indian housing assistance; • Other Section 8 assistance (including other tenant -based assistance); • Assistance under former Section 23 of the United States Housing Act of 1937 (before amendment by the Housing and Community Development Act of 1974); • Section 101 rent supplements; Baldwin Park Housin Authority Administrative..... g y Plan — September 2015 Page 205 of 424 • 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. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 206 of 424 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. BPHA Policy 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: The names of the owner and the tenant: The unit rented (address, apartment number, and any other information needed to identify the contract unit) The term of the lease (initial term and any provisions for renewal) The amount of the monthly rent to owner A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family Baldwin rk PaHousing Authority-- Administrative Plan — September 2015 Page 207 of 424 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 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]. MUM 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)]. 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)]. MUA Baldwin Park Housing Authority Administrative Plan — September 2015 Page 208 of 424 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. 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)] BPHA; Polic 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 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)]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 209 of 424 BPHA will complete its determination within 10 business days of receiving all required information including completion of inspection. If the terms of the RFTA/proposed lease are changed for any reason, including but not limited to negotiation with 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. 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. ..w.,.... . . ............... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 210 of 424 The PHA may not pay any housing assistance payment to the owner until the HAP contract has been executed. If the HAP contract is executed during the period of 60 calendar days from the beginning of the lease term, the PHA will pay housing assistance payments after execution of the HAP contract (in accordance with the terms of the HAP contract), to cover the portion of the lease term before execution of the HAP contract (a maximum of 60 days). Any HAP contract executed after the 60 -day period is void, and the PHA may not pay any housing assistance payment to the owner. The following PHA 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. See Chapter 13 for a discussion of the HAP contract and contract provisions. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 211 of 424 9-I.H. CHANGES IN LEASE OR RENT [24 CFR 982.3081 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)]. 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 — September 2015 Page 212 of 424 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 I: Movin with Continued Assistance. This part covers the general rules that apply to all moves by a family assisted under the PHA's HCV program, whether the family moves to another unit within the PHA's jurisdiction or to a unit outside the PHA's jurisdiction under portability. Part II: (Portability. This part covers the special rules that apply to moves by a family under portability, whether the family moves out of or into the PHA's jurisdiction. This part also covers the special responsibilities that the PHA has under portability regulations and procedures. PART I. MOVING WITH CONTINUED ASSISTANCE 10-I.A. ALLOWABLE MOVES HUD 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-I.B. 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)]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 213 of 424 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 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)]. AINCFRMS MWIFIIM I 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 documentation in accordance with Section 16-IX.D 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. • The PHA has terminated the assisted lease for the family's unit for the owner's breach [24 CFR 982.314(b)(1)(i)]. • The PHA determines that the family's current unit does not meet the HQS space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for the family, the PHA must terminate the HAP contract for the family's old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)]. 10-1.13. 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: Baldwin Park Housing Authority Administrative Plan — September 2015 Page 214 of 424 Insufficient Funding [24 CFR 982.314(e)(1)]. 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 2012-42 must be reviewed and adhered to prior to making the decision to deny based on insufficient funding. Grounds for Denial or Termination of Assistance [24 CFR 982.314(e)(2)]. 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)]. PHA_ P ligy 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-I.A) In addition, the PHA may not establish a policy permitting moves only at reexamination [Notice PIH 2012-42]. 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 Baldwin P,.. AAA Park Housing Authority Administrative Plan — September 2015 Page 215 of 424 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. 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), Notice PIH 2012-42]. The notices must be in writing [24 CFR 982.5]. Approval BPHA Policy 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 104A and 10-I.B. 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 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 II of this chapter. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 216 of 424 Voucher Issuance and Briefing BPHA Polic 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 II of this chapter. Housing Assistance Payments [24 CFR 982.311(d)] When a family moves out of an assisted unit, the PHA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit. If a participant family moves from an assisted unit with continued tenant -based assistance, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a duplicative housing subsidy. PART II: PORTABILITY 10-II.A. OVERVIEW Within the limitations of the regulations and this plan, a participant family or an applicant family that has been issued a voucher has the right to use tenant -based voucher assistance to lease a unit anywhere in the United States providing that the unit is located within the jurisdiction of a PHA administering a tenant -based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The first PHA that issues the voucher is called the initial 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 Baldwin Park Housing Authority Administrative Plan ..... Housing —September 2015 Page 217 of 424 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 2012-42]. 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-II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in Section 10-II.0 when it is acting as the receiving PHA for a family. 10-111.6. 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 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 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)]. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 218 of 424 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)]. BPHA Pwlip 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 10 -LA and 10-I.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)(3)]. The family must specify the area to which the family wishes to move [Notice PIH 2012-42]. The initial PHA is responsible for determining whether the family is income eligible in the area to which the family wishes to move [24 CFR 982.355(c)(1)]. If the applicant family is not income eligible in that area, the PHA must inform the family that it may not move there and receive voucher assistance [Notice PIH 2012-42]. 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 EqlLic 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 219 of 424 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. 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 [24 CFR 982.353(b)] 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. 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. 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 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 [24 CFR 982.355(c)(2)] 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 [Notice PIH 2012-42]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 220 of 424 BPHA Policy 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)(2)]. BPHA Policy 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 2012-42] • A copy of the family's voucher [Notice PIH 2012-42] • A copy of the family's most recent Form HUD -50058, Family Report, or, if necessary in the case of an applicant family, family and income information in a format similar to that of Form HUD -50058 [24 CFR 982.355(c)(4), Notice PIH 2012-42]. • 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)(4), Notice PIH 2012-42] 2 In addition to these documents, BPHA will provide the following information, if available, to the receiving PHA: • Social Security numbers (SSNs) Baldwin Park Housing Authority Administrative Plan — September 2015 Page 221 of 424 • 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 2012-42] [Letter to Executive Directors, 915/15] When the initial PHA sends Form HUD -52665 to the receiving PHA, it specifies in Part I the deadline by which it must receive the initial billing notice from the receiving PHA. This deadline is 90 days following the expiration date of the voucher issued to the family by the initial PHA. If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late billing submission, it must contact the receiving PHA to determine the status of the family. If the receiving PHA reports that the family is not yet under HAP contract, the initial PHA may refuse to accept a late billing submission. If the receiving PHA reports that the family is under HAP contract and the receiving PHA cannot absorb the family, the initial PHA must accept a late billing submission; however, it may report to HUD the receiving PHA's failure to comply with the deadline. If BPHA has not received an initial billing notice from the receiving PHA by the deadline specified on Form HUD -52665, it will contact the receiving PHA by phone, fax, or e-mail on the next business day. If the PHA reports that the family is not yet under HAP contract, BPHA will inform the receiving PHA that it will not honor a late billing submission and will return any subsequent billings that it receives on behalf of the family. BPHA will send the receiving PHA a written confirmation of its decision by mail. 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 2012-42] 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 Administrative Plan — September Authority �. Baldwin Park Housing 2015 Page 222 of 424 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 II of form HUD -52665 from the receiving PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day of each month. The payments must be provided in a form and manner that the receiving PHA is able and willing to accept. The initial PHA may not terminate or delay making payments under existing portability billing arrangements as a result of 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 Policy 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. 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. Denial or Termination of Assistance [24 CFR 982.355(c)(9)] 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 24 CFR 982.552 and 24 CFR 982.553. (For PHA policies on denial and termination, see Chapters 3 and 12, respectively.) Baldwin Park Housing Authority Administrative Plan — September 2015 Page 223 of 424 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)(12)], and the receiving PHA's policies on extensions of the voucher term apply [24 CFR 982.355(c)(14)]. 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). 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 982.355(c)(13)]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 224 of 424 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 2012-42]. (For more on this topic, see later under "Denial or Termination of Assistance.") Briefing [Notice PIH 2012-42] 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 2012-42]. "" A 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. 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)(11)]. BPHA Policy 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 BPHA 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, BPHA 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. The term of the receiving PHA voucher may not expire before 30 calendar days from the expiration date of the initial PI -IA voucher [24 CFR 982.355(b)(13)]. The family must submit a request for Baldwin Park H...... ......_ ousing Author.�— ityyAdministrative Plan— September 2015 Page 225 of 424 tenancy approval to the receiving PHA during the term of the receiving PHA's voucher [24 CFR 982.355(c)(15)]. 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 2012-42]. 1T 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)(13)]. I 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. Voucher Extensions X24 CFR 982.355(c)(14), Notice 2012-44 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. 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). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 226 of 424 Voucher Suspensions [24 CFR 982.303, 24 CFR 982.355(c)(15)] 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-II.E). Notifying the Initial PHA The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA's voucher [24 CFR 982.355(c)(8)]. The receiving PHA is required to use Part II of Form HUD -52665, Family Portability Information, for this purpose [24 CFR 982.355(e)(5), Notice PIH 2012-42]. (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 2012-421 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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 227 of 424 BPHA P''fiy 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 II of Form HUD -52665) (a) no later than 10 business days following the date the receiving PHA executes a HAP contract on behalf of the family and (b) in time that the notice will be received no later than 60 days following the expiration date of the family's voucher issued by the initial PHA [Notice PIH 2012-42]. 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. BPHA Policy 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 within 10 business days following the date the HAP contract is executed, it is required to absorb the family into its own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the initial PHA to honor the late submission (e.g., because the receiving PHA is over leased) [Notice PIH 2012-42]. Ongoing Notification Responsibilities [Notice PIH 2012-42, 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 Policy 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.) • An abatement or subsequent resumption of the HAP payments Termination of the HAP contract Baldwin Park Housing Authority Administrative Plan — September 2015 Page 228 of 424 • Payment of a damage/vacancy loss claim for the family 0 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 2012-44 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 2012-44 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 2012-42. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 229 of 424 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)(17), 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 2012-42]. 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. 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 2012-42]. 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 2012-42]. 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 230 of 424 Chapter 11 REEXAMINATIONS INTRODUCTION The PHA is required to reexamine each family's income and composition at least annually, and to adjust the family's level of assistance accordingly. Interim reexaminations are also needed in certain situations. This chapter discusses both annual and interim reexaminations, and the recalculation of family share and subsidy that occurs as a result. HUD regulations and PHA policies concerning reexaminations are presented in three parts: Part I: Annual Reexaminations. This part discusses the process for conducting annual reexaminations. Part ll: Interim Reexaminations. This part details the requirements for families to report changes in family income and composition between annual reexaminations. Part III: Recalculating Jamil Share and Subsid Amount. This part discusses the recalculation of family share and subsidy amounts based on the results of annual and interim reexaminations. Policies governing reasonable accommodation, family privacy, required family cooperation, and program abuse, as described elsewhere in this plan, apply to both annual and interim reexaminations. PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] 11-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. 11-11.13. 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 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 — September 2015 Page 231 of 424 Anniversary date is defined as 12 months from the effective date of the family's last annual reexamination or, during a family's first year in the program, from the effective date of the family's initial examination (admission). If the family moves to a new unit, 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 232 of 424 11-I.C. CONDUCTING ANNUAL REEXAMINATIONS As part of the annual reexamination process, families are required to provide updated information to the PHA regarding the family's income, expenses, and composition [24 CFR 982.551(b)]. 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 012-28]. BPHA Policy 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. BaldwinHousin ark g Authority Administrative Plan — September 2015 Page 233 of 424 These include: • Legal identity • Age • Social Security numbers • A person's disability status • Citizenship or immigration status If adding a new family member to the unit causes overcrowding according to the housing quality standards (HQS) (see Chapter 8), the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the PHA must terminate the HAP contract in accordance with its terms [24 CFR 982.403]. 11-I.D. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [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. A N During the annual reexamination process, BPHA will determine the ongoing eligibility of each student who is subject to the eligibility restrictions in 24 CFR 5.612 by reviewing the student's individual income as well as the income of the student's parents. If the student has been determined "independent" from his/her parents based on the policies in Sections 3-II.E and 7-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 parents, the student's assistance will be terminated in accordance with the policies in Section 12-I.D. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 234 of 424 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.E. EFFECTIVE DATES [24 CFR 982.5161 The PHA must establish policies concerning the effective date of changes that result from an annual reexamination [24 CFR 982.516]. BPHA Poli 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. 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. 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, Baldwin Park Housing Authority Administrative Plan — September 2015 Page 235 of 424 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 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. 11-11.13. 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. sm a 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)]. The family must inform the PHA of the birth, adoption, or court -awarded custody of a child within 10 calendar days. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 236 of 424 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 conduct a reexamination to determine any new income or deductions associated with the additional family member and to make appropriate adjustments in the family share of the rent and the HAP payment [24 CFR 982.516(e)]. 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 982.4031. BPHA Policy Families must request PHA approval to add a new family member, live-in aide, foster child, or foster adult. This includes any person not on the lease who is expected to stay in the unit for more than 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 the PHA prior to the individual moving into the unit. The PHA will not approve the addition of a new family or household member unless the individual meets the PHA's eligibility criteria (see Chapter 3) and documentation requirements (see Chapter 7, Part II). The PHA 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 the PHA determines an individual meets the PHA's eligibility criteria and documentation requirements, the PHA 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 the PHA determines that an individual does not meet the PHA's eligibility criteria or documentation requirements, the PHA will notify the family in writing of its decision to deny approval of the new family or household member and the reasons for the denial. The PHA will make its determination within 10 business days of receiving all information required to verify the individual's eligibility. Baldwin Park Housing Authority � Administrative dminis ....._.. nistrative Plan — September 2015 Page 237 of 424 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 Policy 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. If a live-in aide, foster child, or foster adult ceases to reside in the unit, the family must inform the PHA within 10 business days. 11-II.C. CHANGES AFFECTING INCOME OR EXPENSES Interim reexaminations can be scheduled either because the PHA has reason to believe that changes in income or expenses may have occurred, or because the family reports a change. When a family reports a change, the PHA may take different actions depending on whether the family reported the change voluntarily, or because it was required to do so. PHA -Initiated Interim Reexaminations 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. IIA folic The PHA will conduct interim reexaminations in each of the following instances: For families receiving the Earned Income Disallowance (EID), the PHA will conduct an interim reexamination at the start and conclusion of the second 12 month exclusion period (50 percent phase-in period). If the family has reported zero income, the PHA will conduct an interim reexamination every 3 months as long as the family continues to report that they have no income. If 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 238 of 424 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)]. Required Reporting HUD regulations give the PHA the freedom to determine the circumstances under which families will be required to report changes affecting income. PPHA 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. Chan es in E.x enses/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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 239 of 424 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 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 Polio 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. 11-II.D. PROCESSING THE INTERIM REEXAMINATION Method of Reporting BPHA Polio 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 240 of 424 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 Policy If the family share of the rent is to increase: The increase will be effective on the first of the month following 30 days' notice to the family. If a family fails to report a change within the required time frames, or fails to provide all required information within the required time frames, the increase will be applied retroactively, to the date it would have been effective had the information been provided on a timely basis. The family will be responsible for any overpaid subsidy and may be offered a repayment agreement in accordance with the policies in Chapter 16. If the family share of the rent is to decrease: 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 28th will be processed effective February 1st. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 241 of 424 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. Specific policies governing how subsidy standards, payment standards, and utility allowances are applied are discussed below. Payment Standards [24 CFR 982.505] The family share of the rent and HAP calculations must use the correct payment standard for the family, taking into consideration the family unit size, the size of unit, and the area in which the unit is located [HCV GB, p. 12-5]. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 242 of 424 Subsidy Standards [24 CFR 982.505(c)(4)] If there is a change in the family unit size that would apply to a family during the HAP contract term, either due to a change in family composition, or a change in the PHA's subsidy standards (see Chapter 5), the new family unit size must be used to determine the payment standard amount for the family at the family's first annual reexamination following the change in family unit size. Utility Allowances [24 CFR 982.517(d)] The family share of the rent and HAP calculations must reflect any changes in the family's utility arrangement with the owner, or in the PHA's utility allowance schedule [HCV GB, p.12-5]. 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 [24 CFR 982.517(d)(2)]. BPHA Policy 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 also will state the procedures for requesting an informal hearing. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 243 of 424 11-III.D. DISCREPANCIES During an annual or interim reexamination, the PHA may discover that information previously reported by the family was in error, or that the family intentionally misrepresented information. In addition, the PHA may discover errors made by the PHA. When errors resulting in the overpayment or underpayment of subsidy are discovered, corrections will be made in accordance with the policies in Chapter 13. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 244 of 424 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 I: Grounds for Termination of Assistance. This part describes the various circumstances under which assistance under the program can be terminated by the family or by the PHA. 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 Tenancv by the Owner.. This part describes the HUD policies that govern the owner's right to terminate an assisted tenancy. PART I: GROUNDS FOR TERMINATION OF ASSISTANCE 12-I.A. OVERVIEW HUD Ltquires 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. HUDep rmits 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-I.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. 1 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 — September 2015 Page 245 of 424 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. 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. 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. BPHA Pgii 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-II.C. In making its decision, BPHA will consider the factors described in Sections 12-II.D and 12-II.E. Upon consideration of such Baldwin Park Housing Authority Administrative Plan — September 2015 Page 246 of 424 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 2012-10] 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. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 247 of 424 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 — September 2015 Page 248 of 424 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 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 six 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. 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.1) and 12-II.E. Upon consideration of such alternatives and factors, BPHA may, on a case-by-case basis, choose not to terminate assistance. Drug -Related and Violent Criminal Activity [24 CFR 5.100] Drug means a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug-related criminal activity is defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 249 of 424 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. 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. 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 -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-II.E, 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 will not terminate a family's assistance because of the family's failure to meet its obligations under the Family Self -Sufficiency program. 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. Any family member has been evicted from federally -assisted housing in the last five (5) years. Any PHA has ever terminated assistance under the program for any member of the family. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 250 of 424 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 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-II.0 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 982.314 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 Poliy 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. BPHA may allow more than 30 days on a case-by-case need basis, but never more than 180 consecutive days. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 251 of 424 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. BPHA Policy BPHA will determine whether there is sufficient funding to pay for currently assisted families according to the policies in Part VIII 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. 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: 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 B 11 aldwin Park Housing Authority Administrative Plan — September 2015 Page 252 of 424 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-II.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. 12-11.13. 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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 253 of 424 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. 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)]. ." "` M 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 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 254 of 424 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)]. BPHA Poli 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. 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 Policy 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- II.E) 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 • 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 — September 2015 Page 255 of 424 • 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. BPHA Policy 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)]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 256 of 424 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 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)] 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)]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 257 of 424 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 • Whether the threat is a physical danger beyond a speculative threat • 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 — September 2015 Page 258 of 424 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 Policy When an individual facing termination domestic violence, dating violence, protection under VAWA, BPHA will certification form HUD -50066 and any in accordance with the policies in SE business days after the date that the documentation. of assistance for reasons related to sexual assault or stalking claims -equest that the individual provide documentation supporting the claim -tion 16-IX.D of this plan within 14 individual received the request for 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 other federal 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]. MR 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 -50066) 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 259 of 424 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 [HCV GB, p. 15-7] 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. 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. 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 260 of 424 PART III: TERMINATION OF TENANCY BY THE OWNER 12-III.A. OVERVIEW Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not directly involved. However, the owner is under some constraints when terminating an assisted tenancy. 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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 261 of 424 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-II.E). 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 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: • 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). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 262 of 424 After the initial lease term, the owner may give the family notice at any time, in accordance with the terms of the lease. Note that "other good cause" does not include vacating a property that has been foreclosed upon during the lease term prior to the sale of that property. However, the new owner of the property may terminate the tenancy effective on the date of transfer of the unit if the owner will occupy the unit as a primary residence and has provided the tenant a notice to vacate at least 90 days before the effective date of such notice [Notice PIH 2010-49]. Further information on the protections afforded to tenants in the event to foreclosure can be found in Section 13-II.G. 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 Policy, 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)] 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 263 of 424 • 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 — September 2015 Page 264 of 424 EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS 24CFR 982.551 (a) Purpose. This section states the obligations of a participant family under the program. (b) 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)) (c) 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 Polio Damages beyond normal wear and tear will be considered to be damages which could be assessed against the security deposit. (d) 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)) (e) Violation of lease • The family must not commit any serious or repeated violation of the lease. (24 CFR 982.551(e)) BPHA Policy 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. 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 ...._...m...... ......n..... ............ .......__ .____ _.. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 265 of 424 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)]. 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. (f) 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)) C a I MAIN Voli 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. (g) Owner eviction notice • The family must promptly give the PHA a copy of any owner eviction notice. (24 CFR 982.551(g)) (h) 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)) 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 266 of 424 approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (Sections LK and LM), and Chapter 11 (Section II.B). (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)) 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)) o 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]. 0) 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. (1) Crime by household members • The members of the household must not engage in drug-related criminal activity or violent criminal activity; or other criminal activity that threatens the Baldwin Park Housing Authority .. ...... �� Administrative Plan September 2015 B sing y p Page 267 of 424 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. (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. (m) Alcohol abuse by household members The 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. (n) 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, Voucher] Baldwin Park Housing Authority Administrative Plan — September 2015 Page 268 of 424 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 "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 I: Owners in the HCV Pro ram. This part discusses the role of an owner in the PHA's HCV program and highlights key owner rights and responsibilities. Dart Il. HAP Contracts. This part explains provisions of the HAP contract and the relationship between the PHA and the owner as expressed in the HAP contract. For detailed information about HCV program responsibilities and processes, including PHA policies in key areas, owners will need to refer to several other chapters in this plan. Where appropriate, Chapter 13 will reference the other chapters. PART I. OWNERS IN THE HCV PROGRAM 13-I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2-6] Recruitment PHAs are responsible for ensuring that very low income families have access to all types and ranges of affordable housing in the PHA's jurisdiction, particularly housing outside areas of poverty or minority concentration. A critical element in fulfilling this responsibility is for the PHA to ensure that a sufficient number of owners, representing all types and ranges of affordable housing in the PHA's jurisdiction, are willing to participate in the HCV program. To accomplish this objective, PHAs must identify and recruit new owners to participate in the program. BPHA Policy BPHA will conduct owner outreach to ensure that owners are familiar with the program and its advantages. BPHA will actively recruit property Baldwin Park Housing Authority Administrative Plan — September 2015 Page 269 of 424 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 and real estate brokers associations 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. EW= 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 270 of 424 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)]. 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. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 271 of 424 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; • Complying with equal opportunity requirements; • 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; Baldwin Park Housing Authority Administrative Plan — September 2015 Page 272 of 424 • 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 GB 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: • 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 273 of 424 • 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. 11-2 and 11-3]: • Complete statement of the facts of the case; • Analysis of the specific conflict of interest provision of the HAP contract and justification as to why the provision should be waived; • Analysis of and statement of consistency with state and local laws. The local HUD office, the PHA, or both parties may conduct this analysis. Where appropriate, an opinion by the state's Attorney General should be obtained; • Opinion by the local HUD office as to whether there would 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. BPHA Policy 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, Baldwin Park Housing Authority Administrative Plan — September 2015 Page 274 of 424 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 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 • The owner has not paid state or local real estate taxes, fines, or assessment. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 275 of 424 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. III f 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-DISCRIMINATION [HAP Contract — Form HUD -52641] The owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status, 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 276 of 424 PART II. HAP CONTRACTS 13-II.A. OVERVIEW The HAP contract represents a written agreement between the PHA and the owner of the dwelling unit occupied by a HCV assisted family. The contract spells out the owner's responsibilities under the program, as well as the PHA's obligations. Under the HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of 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 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. 13-11.13. 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 Policy 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 p p include'. elsewhere In this Ian. To ics addressed in Part B mcl Baldwin Park Housing Authority Administrative Plan — September 2015 Page 277 of 424 •Lease of Contract Unit • Maintenance, Utilities, and Other Services • Term of HAP Contract • Provision and Payment of Utilities and Appliances • Rent to Owner: Reasonable Rent • PHA Payment to Owner • Prohibition of Discrimination • Owner's Breach of HAP Contract • PHA and HUD Access to Premises and Owner's Records • Exclusion of Third Party Rights • Conflict of Interest • Assignment of the HAP Contract • Written Notices • Entire Agreement Interpretation Part C of the contract includes the Tenancv Addendum (Form HUD -52641-A). The addendum sets forth the tenancy requirements for the program and the composition of the household, as approved by the PHA. The 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 278 of 424 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 the lease. If the owner receives any excess HAP from the PHA, the excess amount must be returned immediately. If the PHA determines that the owner is not entitled to all or a portion of the HAP, the PHA may deduct the amount of overpayment from any amounts due to the owner, including amounts due under any other Section 8 HCV contract. See Chapter 16 for additional 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 HUD -52641]. By endorsing the monthly check from the PHA, the owner certifies to compliance with the terms of the HAP contract. This includes certification that the owner is maintaining 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]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 279 of 424 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 Polic 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-II.D. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 280 of 424 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. � ,� 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. 13-II.E. HAP CONTRACT TERM AND TERMINATIONS The term of the HAP contract runs concurrently with the term of the dwelling lease [24 CFR 982.451(a)(2)], beginning on the first day of the initial term of the lease and terminating on the last day of the term of the lease, including any lease term extensions. The HAP contract and the housing assistance payments made under the HAP contract terminate if [HCV Guidebook pp. 11-4 and 11-5, pg. 15-3]: • The owner or the family terminates the lease; • The lease expires; • The PHA terminates the HAP contract; • The PHA terminates assistance for the family; • The family moves from the assisted unit. In this situation, the owner is entitled to keep the housing assistance payment for the month when the family moves out of the unit. • 6 months have elapsed since the PHA made the last housing assistance payment to the owner; • The family is absent from the unit for longer than the maximum period permitted by the PHA; ... ..��W.... — � � �...._ Baldwin ParkHousing iusing Authority Administrative Plan — September 2015 Page 281 of 424 • The Annual Contributions Contract (ACC) between the PHA and HUD expires • The PHA elects to terminate the HAP contract. BPHA Poiicy 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 CFR 982.404] — See Chapter 8; The family breaks up [HUD Form 52641] — See Chapter 3; The owner breaches the HAP contract [24 CFR 982.453(b)] — see Section 13-II.D. If the PHA terminates the HAP contract, the PHA must give the owner and the family written notice. The notice must specify the reasons for the termination and the effective date of the termination. Once a HAP contract is terminated, no further HAP payments may be made under that contract [HCV Guidebook pg. 15- 4]. In all cases, the HAP contract terminates at the end of the calendar month that follows the calendar month in which BPHA gives written notice to the owner. The owner is riot 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 GB, p. 8-22]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 282 of 424 13-II.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. 0 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. 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 existing 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 283 of 424 13-II.G. FORECLOSURE [HUD -52641 and Notice PIH 2010-49] Families receiving HCV assistance are entitled to certain protections set forth under the Protecting Tenants at Foreclosure Act (PTFA). Specifically, the HAP contract now contains language stating that in the case of any foreclosure, the immediate successor in interest in the property pursuant to the foreclosure will assume such interest subject to the lease between the prior owner and the tenant, and to the HAP contract between the prior owner and the PHA for the occupied unit. This provision of the HAP contract does not affect any state or local law that provides longer time periods or other additional protections for tenants. If the PHA learns that a property is in foreclosure, it must take the following actions: • Make all reasonable efforts to determine the status of the foreclosure and ownership of the property. (Further guidance on how to obtain this information can be found in Notice PIH 2010-49.) • Continue to make payments to the original owner until ownership legally transfers in accordance with the HAP contract. • Attempt to obtain a written acknowledgement of the assignment of the HAP contract from the successor in interest. The written agreement should 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 acknowledge the assignment of the HAP contract in writing, the assignment is still effective by operation of law. • Inform the tenant that they must continue to pay rent in accordance with the lease, and if the successor in interest 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. • Inform the tenant in the event that the PHA is unable to make HAP payments to the successor in interest due an action or inaction by the successor 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 successor. The PHA 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 284 of 424 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 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-I.B) . 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. Note that the foreclosure provision of the HAP contract and additional tenant protections under the Protecting Tenants at Foreclosure Act will sunset December 31, 2014. See Section 12-111.13 for discussion of foreclosure as it pertains to owner termination of tenancy. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 285 of 424 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 I: Preventing,_Detecting, and Investigati g Errors and Pro ram Abuse. This part presents PHA policies related to preventing, detecting, and investigating errors and program abuse. Part Il: Corrective Measures and Penalties. This part describes the corrective measures the PHA must and may take when errors or program abuses are found. PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE 14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE 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 Policy 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 — September 2015 Page 286 of 424 The PHA will provide each applicant and participant with a copy of "Is Fraud Worth It?" (Form HUD-1141-0IG), 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 2010-19. Effective April 26, 2010, applicants and tenants age 18+ are required to sign the form, one time only. 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). In addition to the SEMAP quality control requirements, BPHA will employ a variety of methods to detect errors and program abuse. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 287 of 424 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. 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-133 requires all PHAs that expend $500,000 or more in federal awards annually to have an independent audit (IPA). In addition, HUD conducts periodic on-site and automated monitoring of PHA activities and notifies the PHA of errors and potential cases of program abuse. mmm 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 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 10111YTIR 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 288 of 424 Analysis and Findings 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. M. . 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). Baldwin Park Housing �� Wg' Authority iAdministrative Plan — September 2015 Page 289 of 424 PART II: CORRECTIVE MEASURES AND PENALTIES 14-II.A. SUBSIDY UNDER OR OVERPAYMENTS A subsidy under- or overpayment includes (1) an incorrect housing assistance payment to the owner, (2) an incorrect family share established for the family, and (3) an incorrect utility reimbursement to a family. Corrections Whether the incorrect subsidy determination is an overpayment or underpayment of subsidy, the PHA must promptly correct the HAP, family share, and any utility reimbursement prospectively. BPHA Polio 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-II.B. FAMILY -CAUSED ERRORS AND PROGRAM ABUSE Family obligations and general administrative requirements for participating in the program are discussed throughout this plan. This section deals specifically with errors and program abuse by family members. An incorrect subsidy determination caused by a family generally would be the result of incorrect reporting of family composition, income, assets, or expenses, but also would include instances in which the family knowingly allows the PHA to use incorrect information provided by a third party. Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] In the case of family -caused errors or program abuse, the family will be required to repay any excess subsidy received. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 290 of 424 PHA Reimbursement to Family [HCV GB p. 22-12] BPHA Policy BPHA will not reimburse the family for any underpayment of assistance when the underpayment clearly is caused by the family. Prohibited Actions An applicant or participant in the HCV program must not knowingly: Make a false statement to the PHA [Title 18 U.S.C. Section 1001]. • Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.552(c)(iv)]. BPHA Polic 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. Baldwin.... Park Housing Authority Administrative Plan — September 2015 Page 291 of 424 • The PHA may refer the family for state or federal criminal prosecution as described in Section 14-II.E. 14-II.C. OWNER -CAUSED ERROR OR PROGRAM ABUSE Owner requirements that are part of the regular process of offering, leasing, and maintaining a unit (e.g., HQS compliance, fair housing) are addressed in the appropriate chapters of this plan. This section focuses on errors and program abuse by owners. An incorrect subsidy determination caused by an owner generally would be the result of an incorrect owner statement about the characteristics of the assisted unit (e.g., the number of bedrooms, which utilities are paid by the family). It also includes accepting duplicate housing assistance payments for the same unit in the same month, or after a family no longer resides in the unit. Owner Reimbursement to the PHA In all cases of overpayment of subsidy caused by the owner, the owner must repay to the PHA any excess subsidy received. The PHA may recover overpaid amounts by withholding housing assistance payments due for subsequent months, or if the debt is large, the PHA may allow the owner to pay in installments over a period of time [HCV GB p. 22-13]. In cases where the owner has received excess subsidy, 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 ... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 292 of 424 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 Remedies and Penalties When the PHA determines that the owner has committed program abuse, the PHA may take any of the following actions: • Require the owner to repay excess housing assistance payments, as discussed earlier in this section and in accordance with the policies in Chapter 16. Terminate the HAP contract (see Chapter 13). • Bar the owner from future participation in any PHA programs. • Refer the case to state or federal officials for criminal prosecution as described in Section 14-II.E. 14-II.D. PHA -CAUSED ERRORS OR PROGRAM ABUSE The responsibilities and expectations of PHA staff with respect to normal program administration are discussed throughout this plan. This section specifically addresses actions of a PHA staff member that are considered errors or program abuse related to the HCV program. Additional standards of conduct may be provided in the PHA personnel policy. PHA -caused incorrect subsidy determinations include (1) failing to correctly apply HCV rules regarding family composition, income, assets, and expenses, (2) assigning the incorrect voucher size to a family, and (3) errors in calculation. Repayment to the PHA Neither a family nor an owner is required to repay an overpayment of subsidy if the error or program abuse is caused by PHA staff [HCV GB. 22-12]. PHA Reimbursement to Family or Owner The PHA must reimburse a family for any underpayment of subsidy, regardless of whether the underpayment was the result of staff -caused error or staff or owner program abuse. Funds for this reimbursement must come from the PHA's administrative fee reserves [HCV GB p. 22-12]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 293 of 424 Prohibited Activities BPHA Policy 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 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 Policy 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-II.F. FRAUD AND PROGRAM ABUSE RECOVERIES The PHA may retain a portion of program fraud losses that the PHA recovers from a family or owner through litigation, court order, or a repayment agreement [24 CFR 982.163]. The PHA must be the principal party initiating or sustaining the action to recover amounts due from tenants that are due as a result of fraud and abuse. 24 CFR 792.202 permits the PHA to retain the greater of: Baldwin Park Housing Authority Administrative Plan — September 2015 Page 294 of 424 50 percent of the amount it actually collects from a judgment, litigation (including settlement of a lawsuit) or an administrative repayment agreement, or Reasonable and necessary costs that the PHA incurs related to the collection including costs of investigation, legal fees, and agency collection fees. The family must be afforded the opportunity for an informal hearing in accordance with requirements in 24 CFR 982.555. If HUD incurs costs on behalf of the PHA related to the collection, these costs must be deducted from the amount retained by the PHA. Baldwin Park Housing Author'ty �i�t �� Administrative Plan — September 2015 Page 295 of 424 Chapter 15 SPECIAL HOUSING TYPES [24 CFR 982 Subpart M] INTRODUCTION The PHA may permit a family to use any of the special housing types discussed in this chapter. However, the PHA is not required to permit families receiving assistance in its jurisdiction to use these housing types, except that PHAs must permit use of any special housing type if needed as a reasonable accommodation for a person with a disability. The PHA also may limit the number of families who receive HCV assistance in these housing types and cannot require families to use a particular housing type. No special funding is provided for special housing types. Families will not be permitted to use any special housing types, unless use is needed as a reasonable accommodation so that the program is readily accessible to a person with disabilities. Special housing types include single room occupancy (SRO), congregate housing, group homes, shared housing, cooperative housing, manufactured homes where the family owns the home and leases the space, and homeownership [24 CFR 982.601]. This chapter consists of the following seven parts. Each part contains a description of the housing type and any special requirements associated with it. Except as modified by this chapter, the general requirements of the HCV program apply to special housing types. Part I: Sin c Ie Room Occupancy Part ll Con_ggate Ho using Dart ill. Group Homes Part IV: Shared Housin Part V: Cootoerative Housin Part VI: Manufactured Homes fincluding manufactured home space rental Part VII: Homeownership Baldwin Park Housing Authority Administrative Plan — September 2015 Page 296 of 424 PART I. SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] 15-I.A. OVERVIEW A single room occupancy (SRO) unit provides living and sleeping space for the exclusive use of the occupant but requires the occupant to share sanitary and/or food preparation facilities with others. More than one person may not occupy an SRO unit. HCV regulations do not limit the number of units in an SRO facility, but the size of a facility may be limited by local ordinances. When providing HCV assistance in an SRO unit, a separate lease and HAP contract are executed for each assisted person, and the standard form of the HAP contract is used. 15-1.13. 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]. . .. ...,....y ........ Baldwin Park Ho sing Authority .. W. Administrative Plan — September 2015 Page 297 of 424 • Sanitary Facilities: At least one flush toilet that can be used in privacy, a lavatory basin, and a bathtub or shower in proper operating condition must be provided for each six persons (or fewer) residing in the SRO facility. If the SRO units are leased only to men, flush urinals may be substituted for up to one half of the required number of toilets. Sanitary facilities must be reasonably accessible from a common hall or passageway, and may not be located more than one floor above or below the SRO unit. They may not be located below grade unless the SRO units are located on that level. • Space and Security: An SRO unit must contain at least 110 square feet of floor space, and at least four square feet of closet space with an unobstructed height of at least five feet, for use by the occupant. If the closet space is less than four square feet, the habitable floor space in the SRO unit must be increased by the amount of the deficiency. Exterior doors and windows accessible from outside the SRO unit must be lockable. Because no children live in SRO housing, the housing quality standards applicable to lead-based paint do not apply. PART 111. CONGREGATE HOUSING [24 CFR 982.606 through 982.609] 15-II.A. OVERVIEW Congregate housing is intended for use by elderly persons or persons with disabilities. A congregate housing facility contains a shared central kitchen and dining area and a private living area for the individual household that includes at least a living room, bedroom and bathroom. Food service for residents must be provided. If approved by the PHA, a family member or live-in aide may reside with the elderly person or person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When providing HCV assistance in congregate housing, a separate lease and HAP contract are executed for each assisted family, and the standard form of the HAP contract is used. 15-111.13. 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 Baldwin Park Housing AuthorityAdministrative Plan — September n' 2015 Page 298 of 424 The HAP for an assisted occupant in a congregate housing facility is the lower of the applicable payment standard minus the TTP or the gross rent for the unit minus the TTP. The gross rent for the unit for the purpose of calculating HCV assistance is the shelter portion (including utilities) of the resident's monthly housing expense only. The residents' costs for food service should not be included in the rent for a congregate housing unit. 15-II.C. HOUSING QUALITY STANDARDS HQS requirements as described in Chapter 8 apply to congregate housing except for the requirements stated below: • Congregate housing must have (1) a refrigerator of appropriate size in the private living area of each resident; (2) a central kitchen and dining facilities located within the premises and accessible to the residents, and (3) food service for the residents, that is not provided by the residents themselves. • The housing quality standards applicable to lead-based paint do not apply. PART III. GROUP HOME [24 CFR 982.610 through 982.614 and HCV GB p. 7-4] 15-III.A. OVERVIEW A group home is a state -licensed facility intended for occupancy by elderly persons and/or persons with disabilities. Except for live-in aides, all persons living in a group home, whether assisted or not, must be elderly persons or persons with disabilities. Persons living in a group home must not require continuous medical or nursing care. A group home consists of bedrooms for residents, which can be shared by no more than two people, and a living room, kitchen, dining area, bathroom, and other appropriate social, recreational, or community space that may be shared with other residents. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 299 of 424 15-111.6. 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. The payment standard used to calculate the HAP is the lower of the payment standard for the family unit size or the prorata share of the payment standard for the group home size. The prorata share is calculated by dividing the number of persons in the assisted household by the number of persons (assisted and unassisted) living in the group home. The HAP for an assisted occupant in a group home is the lower of the payment standard minus the TTP or the gross rent minus the TTP. The utility allowance for an assisted occupant in a group home is the prorata share of the utility allowance for the group home. The rents paid for participants residing in group homes are subject to generally applicable standards for rent reasonableness. The rent for an assisted person must not exceed the prorata portion of the reasonable rent for the group home. In determining reasonable rent, the PHA should consider whether sanitary facilities and facilities for food preparation and service are common facilities or private facilities. 15-III.C. HOUSING QUALITY STANDARDS HQS requirements described in Chapter 8 apply to group homes except for the requirements stated below. • Sanitary Facilities: A group home must have at least one bathroom in the facility, with a flush toilet that can be used in privacy, a fixed basin with hot and cold running water, and a shower or bathtub with hot and cold running water. A group home may contain private or common bathrooms. However, no more than four residents can be required to share a bathroom. • 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 300 of 424 good condition. Group homes must be accessible to and usable by residents with disabilities. • Site and Neighborhood: Group homes must be located in a residential setting. The site and neighborhood should be reasonably free from hazards to the health, safety, and general welfare of the residents, and should not be subject to serious adverse conditions, such as: • Dangerous walks or steps • Instability ■ Flooding, poor drainage • Septic tank back-ups ■ Sewage hazards ■ Mud slides Abnormal air pollution ■ Smoke or dust ■ Excessive noise ■ Vibrations or vehicular traffic Excessive accumulations of trash ■ Vermin or rodent infestation, and ■ Fire hazards. 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 301 of 424 reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When providing HCV assistance in shared housing, a separate lease and HAP contract are executed for each assisted family, and the standard form of the HAP contract is used. 15-IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION The payment standard for a family in shared housing is the lower of the payment standard for the family unit size or the prorata share of the payment standard for the shared housing unit size. The prorata share is calculated by dividing the number of bedrooms available for occupancy by the assisted family in the private space by the total number of bedrooms in the unit. The HAP for a family in shared housing is the lower of the payment standard minus the TTP or the gross rent minus the TTP. The utility allowance for an assisted family living in shared housing is the prorata share of the utility allowance for the shared housing unit. The rents paid for families living in shared housing are subject to generally applicable standards for rent reasonableness. The rent paid to the owner for the assisted family must not exceed the pro -rata portion of the reasonable rent for the shared unit. In determining reasonable rent, the PHA should consider whether sanitary and food preparation areas are private or shared. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 302 of 424 PART V. COOPERATIVE HOUSING [24 CFR 982.6191 15-V.A. OVERVIEW This part applies to rental assistance for a cooperative member residing in cooperative housing. It does not apply to assistance for a cooperative member who has purchased membership under the HCV homeownership option, or to rental assistance for a family that leases a cooperative housing unit from a cooperative member. A cooperative is a form of ownership (nonprofit corporation or association) in which the residents purchase memberships in the ownership entity. Rather than being charged "rent" a cooperative member is charged a "carrying charge." When providing HCV assistance in cooperative housing, the standard form of the HAP contract is used. 15-V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION The payment standard and utility allowance are determined according to regular HCV program requirements. The HAP for a cooperative housing unit is the lower of the payment standard minus the TTP or the monthly carrying charge for the unit, plus any utility allowance, minus the TTP. The monthly carrying charge includes the member's share of the cooperative debt service, operating expenses, and necessary payments to cooperative reserve funds. The carrying charge does not include down payments or other payments to purchase the cooperative unit or to amortize a loan made to the family for this purpose. 15-V.C. HOUSING QUALITY STANDARDS All standard HQS requirements apply to cooperative housing units. There are no additional HQS requirements. PART VI. MANUFACTURED HOMES [24 CFR 982.620 through 982.624] 15-VI.A. OVERVIEW A manufactured home is a manufactured structure, transportable in one or more parts that is built on a permanent chassis, and designed for use as a principal place of residence. HCV -assisted families may occupy manufactured homes in two different ways. (1) A family can choose to rent a manufactured home already installed on a space and the PHA must permit it. In this instance program rules are the same as when a family rents any other residential housing, except that there are special HQS requirements as provided in 15-VI.D below. Baldwin.....__ . .......... Park Housing Authority Administrative Plan — September 2015 Page 303 of 424 (2) HUD also permits an otherwise eligible family that owns a manufactured home to rent a space for the manufactured home and receive HCV assistance with the rent for the space. PHAs may, but are not required to, provide assistance for such families. 154I.13. 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 Payment Standards The FMR for a manufactured home space is generally 40 percent of the published FMR for a two-bedroom unit or, where approved by HUD, the 40th percentile of the rental distribution of manufactured home spaces for the FMR area. The PHA may establish a payment standard for manufactured home spaces that is between 90-110 percent of the FMR for manufactured home spaces. Utility Allowance The PHA must establish utility allowances for manufactured home space rental. For the first 12 months of the initial lease term only, the allowance must include an amount for a utility hook-up charge if the family actually incurred a hook-up charge because of a move. This allowance will not be given to a family that leases in place. Utility allowances for manufactured home space must not include the costs of digging a well or installing a septic system. Space Rent The space rent is the sum of the rent to the owner for the manufactured home space, any charges for maintenance and management provided by the owner, and the utility allowance for tenant -paid utilities. Housing Assistance Payment The HAP for a manufactured home space under the housing choice voucher program is the lower of the payment standard minus the TTP or the (gross) manufactured home space rent minus the TTP. Baldwin Park HousingW Authority Administrative Plan — September 2015 Page 304 of 424 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 982.6251 The homeownership option is used to assist a family residing in a home purchased and owned by one or more members of the family. A family assisted under this option may be newly admitted or an existing participant in the HCV program. The PHA must have the capacity to operate a successful HCV homeownership program as defined by the regulations. There are two forms of homeownership assistance a PHA may offer under this option: monthly homeownership assistance payments, or a single down payment assistance grant. PHAs may choose to offer either or both forms of homeownership assistance, or choose not to offer either. If a PHA offers both forms of assistance, a family must choose which form of assistance to receive. The PHA must offer either form of homeownership assistance if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. It is the sole responsibility of the PHA to determine whether it is reasonable to implement a homeownership program as a reasonable accommodation. The PHA must determine what is reasonable based on the specific circumstances and individual needs of the person with a disability. The PHA may determine that it is not reasonable to offer homeownership assistance as a reasonable accommodation in cases where the PHA has otherwise opted not to implement a homeownership program. w.... ,,,m...._...... __ .... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 305 of 424 The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. 15-VII.B. FAMILY ELIGIBILITY [24 CFR 982.627] The family must meet all of the requirements listed below before the commencement of homeownership assistance. The PHA may also establish additional initial requirements as long as they are described in the PHA administrative plan. • The family must have been admitted to the Housing Choice Voucher program • The family must qualify as a first-time homeowner, or may be a cooperative member • The family must meet the federal minimum income requirement. The family must have a gross annual income equal to the federal minimum wage multiplied by 2000, based on the income of adult family members who will own the home. The PHA may establish a higher income standard for families. However, a family that meets the federal minimum income requirement (but not the PHA's requirement) will be considered to meet the minimum income requirement if it can demonstrate that it has been pre -qualified or pre -approved for financing that is sufficient to purchase an eligible unit • For disabled families, the minimum income requirement is equal to the current SSI monthly payment for an individual living alone, multiplied by 12 • For elderly or disabled families, welfare assistance payments for adult family members who will own the home will be included in determining whether the family 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 Baldwin Park Housing t ' g Autho rity Administrative Plan — September 2015 Page 306 of 424 • 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 CFR 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; - 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). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 307 of 424 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. 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); 01 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; Baldwin Park Housing Authority Administrative Plan — September 2015 Page 308 of 424 Advantages of purchasing a home in an area that does not have a high concentration of low-income families and how to locate homes in such areas; • Information on fair housing, including fair housing lending and local fair housing enforcement agencies; and • Information about the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) (RESPA), state and federal truth -in -lending laws, and how to identify and avoid loans with oppressive terms and conditions. The PHA may adapt the subjects covered in pre -assistance counseling (as listed) to local circumstances and the needs of individual families. The PHA may also offer additional counseling after commencement of homeownership assistance (ongoing counseling). If the PHA offers a program of ongoing counseling for participants in the homeownership option, the PHA shall have discretion to determine whether the family is required to participate in the ongoing counseling. If the PHA does not use a HUD -approved housing counseling agency to provide the counseling, the PHA should ensure that its counseling program is consistent with the counseling provided under HUD's Housing Counseling program. 15-VII.G. HOME INSPECTIONS, CONTRACT OF SALE, AND PHA DISAPPROVAL OF SELLER [24 CFR 982.6311 Home Inspections The PHA may not commence monthly homeownership assistance payments or provide down payment assistance grants for a family until the PHA has inspected the unit and has determined that the unit passes HQS. An independent professional inspector selected by and paid for by the family must also inspect the unit. The independent inspection must cover major building systems and components, including foundation and structure, housing interior and exterior, and the roofing, plumbing, electrical, and heating systems. The independent inspector must be qualified to report on property conditions, including major building systems and components. The PHA may not require the family to use an independent inspector selected by the PHA. The independent inspector may not be a PHA employee or contractor, or other person under control of the PHA. However, the PHA may establish standards for qualification of inspectors selected by families under the homeownership option. 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 w.., . ................... m......... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 309 of 424 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 310 of 424 • 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: • 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). Baldwin Park Housing AuthorityAdministrative Plan — September 2015 Page 311 of 424 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: • 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 312 of 424 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. • 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 Baldwin Park Housing. Authority... ....�. ,. mm...ep_.. _ ....... ...,. Administrative Plan — September 2015 Page 313 of 424 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: • 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: • The family defaulted on an FHA -insured mortgage; and • The family fails to demonstrate that the family has conveyed, or will convey, title to the home, as required by HUD, to HUD or HUD's designee; and the family has moved, or will move, from the home within the period established or approved by HUD. 15-VII.N. DENIAL OR TERMINATION OF ASSISTANCE [24 CFR 982.638] At any time, the PHA may deny or terminate homeownership assistance in accordance with HCV program requirements in 24 CFR 982.552 (Grounds for denial or termination of assistance) or 24 CFR 982.553 (Crime by family members). The PHA may also deny or terminate assistance for violation of participant obligations described in 24 CFR Parts 982.551 or 982.633 and in accordance with its own policy. 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 — September 2015 Page 314 of 424 Chapter 16 PROGRAM ADMINISTRATION INTRODUCTION This chapter discusses administrative policies and practices that are relevant to the activities covered in this plan. The policies are discussed in seven parts as described below: Part I: Administrative Fee Reserve. This part describes the PHA's policies with regard to oversight of expenditures from its administrative fee reserve. Part II: Setting Program Standards and Schedules. This part describes what payment standards are, and how they are updated, as well as how utility allowances are established and revised. Part III; Informal Reviews and Hearin s. This part outlines the requirements and procedures for informal reviews and hearings, and for informal hearings regarding citizenship status. Part IV: Owner or"anvil Debtsto thePHA. 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 Manaement Assessment Pro ram SEMAP . This part describes what the SEMAP scores represent, how they are established, and how those scores affect a PHA. Part VI: Record -lee in . 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 VII: Re Environmental Intervention Blood Dead 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 I: Violence A ainst Women Act VAWA : Notification Documentation sand Confidentiality. This part contains key terms used in VAWA and describes requirements related to notifying families and Baldwin Park Housing sing Authth ority Administrative Plan — September 2015 Page 315 of 424 owners about their rights and responsibilities under VAWA; requesting documentation from victims of domestic violence, dating violence, sexual assault and stalking; and maintaining the confidentiality of information obtained from victims. PART I: 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-II.A. OVERVIEW Although many of the program's requirements are established centrally by HUD, the HCV program's regulations recognize that some flexibility is required to allow the PHA to adapt the program to local conditions. This part discusses how the PHA establishes and updates certain schedules and standards that are used to administer the program locally. Details about how these schedules are applied to individual families are provided in other chapters. The schedules and standards discussed here include: • Payment Standards, which dictate the maximum subsidy a family can receive (application of the payment standards is discussed in Chapter 6); and Baldwin Park Ho. using Authority Administrative Plan — September 2015 Page 316 of 424 • 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 Policy 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-II.B. 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 FMR area. For most jurisdictions FMRs are set at the 40th percentile of rents in the market area. The PHA must establish a payment standard schedule that establishes payment standard amounts for each FMR area within the PHA's jurisdiction, and for each unit size within each of the FMR areas. For each unit size, the PHA may establish a single payment standard amount for the whole FMR area, or may set different payment standards for different parts of the FMR area. Unless HUD grants an exception, the PHA is required to establish a payment standard within a "basic range" established by HUD — between 90 and 110 percent of the published FMR for each unit size. Updating Payment Standards When HUD updates its FMRs, the PHA must update its payment standards if the standards are no longer within the basic range [24 CFR 982.503(b)]. HUD may require the PHA to make further adjustments if it determines that rent burdens for assisted families in the PHA's jurisdiction are unacceptably high [24 CFR 982.503(g)]. �• BPHA will review the appropriateness of the payment standards on an annual basis when the new FMR 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 — September 2015 Page 317 of 424 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 will review the quality of units selected by participant families when making the determination of the percent of income families are paying for housing, to ensure that payment standard increases are only made when needed to reach the mid-range of the market. Changes in Rent to Owner: 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. Changes to payment standard amounts will be effective on December 1St of every year unless, based on the proposed FMRs, it appears that one or more of the PHA's current payment standard amounts will be outside the basic range when the final FMRs are published. In that case, the PHAs payment standards will be effective October 1St instead of December 1St If the PHA has already processed reexaminations that will be effective on or after October 1St, the PHA will make retroactive adjustments to any such reexaminations if the new payment standard amount is higher than the one used by the PHA at the time the reexamination was originally processed. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 318 of 424 Exception Payment Standards [982.503(c)] The PHA must request HUD approval to establish payment standards that are higher than the basic range. At HUD's sole discretion, HUD may approve a payment standard amount that is higher than the basic range for a designated part of the FMR area. HUD may approve an exception payment standard amount (in accordance with program requirements) for all units, or for all units of a given size, leased by program families in the exception area. Any PHA with jurisdiction in the exception area may use the HUD -approved exception payment standard amount. The total population of all HUD -approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area. Unit -by -Unit Exceptions [24 CFR 982.503(c)(2)(ii), 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 FMR for the unit size [HCV GB 7- 9]. The PHA may request HUD approval for an exception to the payment standard for a particular family if the required amount falls between 110 and 120 percent of the FMR. 111 rd I FA • 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 • The rent for the unit is reasonable. "Success Rate" Payment Standard Amounts [24 CFR 982.503(e)] If a substantial percentage of families have difficulty finding a suitable unit, the PHA may request a "success rate payment standard" that applies to the entire jurisdiction. If approved by HUD, a success rate payment standard allows the PHA to set its payment standards at 90-110 percent of a higher FMR (the 50tH rather than the 40tt" percentile FIVIR). To support the request, the PHA must Baldwin Park Housing Authority Administrative Plan — September 2015 Page 319 of 424 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 FMR; and • The PHA had a policy of allowing voucher holders who made sustained efforts to locate units at least 90 days to search for a unit. Although HUD approves the success rate payment standard for all unit sizes in the FMR area, the PHA may choose to adjust the payment standard for only some unit sizes in all, or a designated part, of the PHA's jurisdiction within the FMR area. Decreases in the Payment Standard below the Basic Range [24 CFR 982.503(d)] The PHA must request HUD approval to establish a payment standard amount that is lower than the basic range. At HUD's sole discretion, HUD may approve establishment of a payment standard lower than the basic range. HUD will not approve a lower payment standard if the family share for more than 40 percent (40%) of program participants exceeds 30 percent (30%) of adjusted monthly income. 16-II.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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 320 of 424 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 Polio 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. PART III: INFORMAL REVIEWS AND HEARINGS 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 — September 2015 Page 321 of 424 16-III.B. INFORMAL REVIEWS Informal reviews are provided for program applicants. An applicant is someone who has applied for admission to the program, but is not yet a participant in the program. Informal reviews are intended to provide a "minimum hearing requirement" [24 CFR 982.554], and need not be as elaborate as the informal hearing requirements. (Federal Register, Volume 60, No. 127 (3 July 1995): 34690). Decisions Subject to Informal Review 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 BPNA Policy The BPHA will only offer an informal review to applicants for whom assistance is being denied as identified above. 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 or suspension 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 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. n Park H.o...,.........__ Bald wiusing Authority Administrative Plan — September 2015 Page 322 of 424 Scheduling an Informal Review 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. 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. NNIN 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. 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. BPHA Polley 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 323 of 424 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: • 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 324 of 424 • 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)] BPHA Policy BPHA will only offer participants the opportunity for an informal hearing when required to by the regulations. Circumstances for which an informal hearing is not required are as follows: • Discretionary administrative determinations by the PHA • General policy issues or class grievances • Establishment of the PHA schedule of utility allowances for families in the program • A PHA determination not to approve an extension or suspension of a voucher term • A PHA determination not to approve a unit or tenancy • A PHA determination that a unit selected by the applicant is not in compliance with the HQS • A PHA determination that the unit is not in accordance with HQS because of family size • A determination by the PHA to exercise or not to exercise any right or remedy against an owner under a HAP contract Baldwin Park Housing Authority Administrative Plan — September 2015 Page 325 of 424 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. BPHA Polic 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: • The proposed action or decision of BPHA. • A brief statement of the reasons for the decision, including the regulatory reference. • The date the proposed action will take place. • A statement of the family's right to an explanation of the basis for 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 326 of 424 Scheduling an Informal Hearing [24 CFR 982.555(d)] When an informal hearing is required, the PHA must proceed with the hearing in a reasonably expeditious manner upon the request of the family. A request for an informal hearing must be made in writing and delivered to 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. 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, 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. Pre -Hearing Right to Discovery [24 CFR 982.555(e)] Participants and the PHA are permitted pre -hearing discovery rights. The family must be given the opportunity to examine before the hearing any PHA documents that are directly relevant to the hearing. The family must be allowed to copy any such documents at their own expense. If the PHA does not make the document available for examination on request of the family, the PHA may not rely on the document at the hearing. The PHA hearing procedures may provide that the PHA must be given the opportunity to examine at the PHA offices before the hearing, any family documents that are directly relevant to the hearing. The PHA must be allowed to copy any such document at the PHA's expense. If the family does not make the document available for examination on request of the PHA, the family may not rely on the document at the hearing. For the purpose of informal hearings, documents include records and regulations. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 327 of 424 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. 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 BP IA�olicy 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 [24 CFR 982.555(4)(ii)] 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 Policy 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 328 of 424 Evidence [24 CFR 982.555(e)(5)] The PHA and the family must be given the opportunity to present evidence and question any witnesses. In general, all evidence is admissible at an informal hearing. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. Any evidence to be considered by the hearing officer must be presented at the time of the hearing. There are four categories of evidence. Oral evidence: the testimony of witnesses Documentary evidence: a writing which is relevant to the case, for example, a letter written to 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 of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter. Even though evidence, including hearsay, is generally admissible, hearsay evidence alone cannot be used as the sole basis for the hearing officer's decision. If either BPHA or the family fail to comply with the discovery requirements described above, the hearing officer will refuse to admit such evidence. Other than the failure of a party to comply with discovery, the hearing officer has the authority to overrule any objections to evidence. Hearing Officer's Decision [24 CFR 982.555(e)(6)] The person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family must be based on a preponderance of evidence presented at the hearing. A copy of the hearing must be furnished promptly to the family. BPHA Policy 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. �� -- -- Baldwin Park HousingAuthority Administrative Plan — September 2015 Page 329 of 424 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. 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 Baldwin Park HousingAuthority Administrative Plan — y September 2015 Page 330 of 424 termination of assistance, the hearing officer will instruct BPHA to restore the participant's program status. Procedures for Rehearing or Further Hearing The hearing officer may ask the family for additional information and/or might adjourn the hearing in order to reconvene at a later date, before reaching a decision. If the family misses an appointment or deadline ordered by the hearing officer, the action of BPHA will take effect and another hearing will not be granted. PHA Notice 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 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. 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. Baldwin Park Housing AuthorityAdministrative �n __ ____________ istrative Plan — September 2015 Page 331 of 424 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. o 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]. 0 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. m 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 332 of 424 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 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-III.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. 'e 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 333 of 424 Representation and Interpretive Services The family is entitled to be represented by an attorney or other designee, at the family's expense, and to have such person make statements on the family's behalf. The family is entitled to arrange for an interpreter to attend the hearing, at the expense of the family, or the PHA, as may be agreed upon by the two parties. Recording of the Hearing The family is entitled to have the hearing recorded by audiotape. The PHA may, but is not required to provide a transcript of the hearing. BPHA Policy 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-III.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 • The final USCIS determination • The request for an informal hearing • The final informal hearing decision Baldwin Park Housing Authori�ty _ Administrative Plan — September m........._ 2015 Page 334 of 424 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. 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 Polic r 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 from future participation in the program and pursue other modes of collection. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 335 of 424 Family Debts to the PHA 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 '9 ` RMi 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 2010-19 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)]. BPHA Police 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. • 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 336 of 424 • 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 BPHA Policy 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 15th day of the month. If the 15th does not fall on a business day, the due date is the close of business on the first business day after the 15tH Late or Missed Payments 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 agreement and BPHA may terminate assistance in accordance with the policies in Chapter 12. If a family receives 3 three delinquency notices for unexcused late payments in a 12 -month period, the repayment agreement will be Baldwin Park Housing Authority Administrative Plan — September 2015 Page 337 of 424 considered in default, and BPHA will terminate assistance in accordance with the policies in Chapter 12. No Offer of Repayment Agreement BPHA Poli 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 2010-19 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]. • 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 338 of 424 designated "troubled" may not use any part of the administrative fee reserve for other housing purposes [24 CFR 985.107]. • HUD may determine that a PHA's failure to correct identified SEMAP deficiencies or to prepare and implement a corrective action plan required by HUD constitutes a default under the ACC [24 CFR 985.109]. 164.13. SEMAP CERTIFICATION [24 CFR 985.1011 PHAs must submit the HUD -required SEMAP certification form within 60 calendar days after the end of its fiscal year. The certification must be approved by PHA board resolution and signed by the PHA executive director. If the PHA is a unit of local government or a state, a resolution approving the certification is not required, and the certification must be executed by the Section 8 program director. PHAs with less than 250 voucher units are only required to be assessed every other PHA fiscal year. HUD will assess such PHAs annually if the PHA elects to have its performance assessed on an annual basis; or is designated as "troubled" [24 CFR 985.105]. 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]. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 339 of 424 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. 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 ......... Baldwin Park ..,........,...........__ ................ _ ........... _. Housing Authority Administrative Plan — September 2015 Page 340 of 424 ....................................... 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. Indicator 5: HQS quality control inspections Maximum Score: 5 • This indicator shows whether a PHA supervisor reinspects a sample of units under contract during the PHA fiscal year, which meets the minimum sample size requirements for quality control of HQS inspections. • Points are based on whether the required quality control reinspections were completed, according to the PHA's certification. Indicator 6: HQS enforcement Maximum Score: 10 • This indicator shows whether, following each HQS inspection of a unit under contract where the unit fails to meet HQS, any cited life-threatening deficiencies are corrected within 24 hours from the inspection and all other deficiencies are corrected within no more than 30 calendar days from the inspection or any PHA-approved extension. • Points are based on whether the PHA corrects all HQS deficiencies in accordance with required time frames, according to the PHA's certification. Indicator 7: Expanding housing opportunities Maximum Points: 5 • Only applies to PHAs with jurisdiction in metropolitan FMR areas. • This indicator shows whether the PHA has adopted and implemented a written policy to encourage participation by owners of units located outside areas of poverty or minority concentration; informs voucher holders of the full range of areas where they may lease units both inside and outside the PHA's jurisdiction; and supplies a list of landlords or other parties who are willing to lease units or help families find units, including units outside areas of poverty or minority concentration. • Points are based on whether the PHA has adopted and implemented written policies in accordance with SEMAP requirements, according to the PHA's certification. Indicator 8: FMR limit and payment standards Maximum Points: 5 points �tor shows whether the PHA has adopted a payment standard • This indica _ _ ��_ ................ _... .......m ..... ........ .. __ Baldwin Park Housing Authority Administrative Plan — September 2015 Page 341 of 424 schedule that establishes payment standard amounts by unit size z e for each FMR area in the PHA's jurisdiction, that are within the basic range of 90 to 110 percent of the published FMR. • Points are based on whether the PHA has appropriately adopted a payment standard schedule(s), according to the PHA's certification. Indicator 9: Annual reexaminations Maximum Points: 10 • This indicator shows whether the PHA completes a reexamination for each participating family at least every 12 months. • Points are based on the percent of reexaminations that are more than 2 months overdue, according to data from 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 342 of 424 • This indicator shows whether the PHA enters P HAP contracts for the number of units or funding reserved under ACC for at least one year. • Points are based on the percent of units leased during the last completed PHA fiscal year, or the percent of allocated budget authority that has been expended by the PHA, according to data from the PHA's last year-end operating statement that is recorded in HUD's accounting 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 343 of 424 PART VI: RECORD KEEPING 16-VI.A. OVERVIEW The PHA must maintain complete and accurate accounts and other records for the program in accordance with HUD requirements, in a manner that permits a speedy and effective audit. All such records must be made available to HUD or the Comptroller General of the United States upon request. In addition, the PHA must ensure that all applicant and participant files are maintained in a way that protects an individual's privacy rights. 16-VI.B. RECORD RETENTION [24 CFR 982.158] 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 344 of 424 16-VI.C. RECORDS MANAGEMENT PHAs must maintain applicant and participant files and information in accordance with the regulatory requirements described below. All applicant and participant information will be kept in a secure location and access will be limited to authorized 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. L � r 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 agencis maintained confidentially, not mis.u.sed or improperly disseminated, and m.m...... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 345 of 424 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 [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 Policy 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 346 of 424 16-VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(e)] 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. BPHA 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. :' 2 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. PART VIII: 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]. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 347 of 424 16-VIII.B. METHODOLOGY BPHA Policy 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 348 of 424 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY 16-IX.A. OVERVIEW 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 Assistance to Victims of Domestic Violence, Dating Violence, and Stalking"; Section 10-I.A, "Allowable Moves"; Section 10-I.B, "Restrictions on Moves"; Section 12-II.E, "Terminations Related to Domestic Violence, Dating Violence, or Stalking"; and Section 12-II1, "Termination Notice." 16-IX.B. DEFINITIONS [24 CFR 5.2003] 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: • The length of the relationship • The type of relationship ■ 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. Baldwin Park..... ..... _ HousingAuthorityAdministrative Plan — September 2015 Page 349 of 424 • 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 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 It 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. 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 will post the following information regarding VAWA in its offices and on its Web site. It will also make the information readily available to anyone who requests it. • A summary of the rights and protections provided by VAWA to housing choice voucher program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault or stalking (see sample notices in Exhibits 16-1 and 16-2). • The definitions of domestic violence, dating violence, sexual assault and stalking provided in VAWA (included in Exhibits 16-1 and 16-2) • 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) Baldwin Park Housing Authority Administrative Plan — September 2015 Page 350 of 424 • A copy of Form HUD -50066, Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking 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. BPHA Policy 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-I.13) and at annual reexamination. BPHA will also include information about VAWA in notices of termination of assistance, as provided in Section 12-II.F. The VAWA information provided to applicants and participants will consist of the notice in Exhibit 16-1 and a copy of Form HUD -50066, Certification of Domestic Violence, Dating Violence, Sexual Assault and Stalking. Notification to Owners and Managers [24 CFR 5.2005(a)(2)] PHAs are required to notify owners and managers participating in the HCV program of their rights and obligations under VAWA. BPHA Policy 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..... uthority_.. - Administrative ve Plan — September 2015 Page 351 of 424 The VAWA information provided to owners will consist of the notice in Exhibit 16-2 and a copy of Form HUD -50066, Certification of Domestic Violence, Dating Violence, and Stalking. 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 -50066, 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]. 110-111JIF-Alliffli 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. AAny extension ranted b BPHA will be in writing. ...... Y Baldwin Park Housing Authority Administrative Plan — September 2015 Page 352 of 424 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 must honor any court orders issued to protect the victim or to address the distribution of property. w +w If presented with conflicting certification documents (two or more forms (Form HUD -50066)) 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(b)(2) or (3) and by following any HUD guidance on how such determinations should be made. 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). C If BPHA accepts an individual's statement or other corroborating evidence 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 Poli r Baldwin Park Housing Authority Administrative Plan — September 2015 Page 353 of 424 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 — September 2015 Page 354 of 424 EXHIBIT 16-1: NOTICE TO HOUSING CHOICE VOUCHER APPLICANTS AND TENANTS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) This notice was adapted from a notice prepared by the National Housing Law Project. A federal law that went into effect in 2013 protects individuals who are victims of domestic violence, dating violence, sexual assault and stalking. The name of the law is the Violence Against Women Act, or WAWA." This notice explains your rights under VAWA. Protections for Victims If you are eligible for a Section 8 voucher, the housing authority cannot deny you rental assistance solely because you are a victim of domestic violence, dating violence, sexual assault or stalking. If you are the victim of domestic violence, dating violence, sexual assault or stalking, you cannot be terminated from the Section 8 program or evicted based on acts or threats of violence committed against you. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault or stalking that are caused by a member of your household or a guest can't be the reason for evicting you or terminating your rental assistance if you were the victim of the abuse. Reasons You Can Be Evicted You can be evicted and your rental assistance can be terminated if the housing authority or your landlord can show there is an actual and imminent (immediate) threat to other tenants or employees at the property if you remain in your housing. Also, you can be evicted and your rental assistance can be terminated for serious or repeated lease violations that are not related to the domestic violence, dating violence, sexual assault or stalking committed against you. The housing authority and your landlord cannot hold you to a more demanding set of rules than it applies to tenants who are not victims. Removing the Abuser from the Household Your landlord may split the lease to evict a tenant who has committed criminal acts of violence against family members or others, while allowing the victim and other household members to stay in the assisted unit. Also, the housing authority can terminate the abuser's Section 8 rental assistance while allowing you to continue to receive assistance. If the landlord or housing authority chooses to remove the abuser, it may not take away the remaining tenants' rights to the unit or otherwise punish the remaining tenants. In removing the abuser from the household, your landlord must follow federal, state, and local eviction procedures. Moving to Protect Your Safety The housing authority may permit you to move and still keep your rental assistance, even if your current lease has not yet expired. The housing authority may require that you be current on your rent or other obligations in the housing Baldwin Park Housing Authority Administrative Plan September 201 _ P — 5 Page 355 of 424 choice voucher program. The housing authority may ask you to provide proof that you are moving because of incidences of abuse. Proving That You Are a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking The housing authority and your landlord can ask you to prove or "certify" that you are a victim of domestic violence, dating violence, sexual assault or stalking. The housing authority or your landlord must give you at least 14 business days (i.e., Saturdays, Sundays, and holidays do not count) to provide this proof. The housing authority and your landlord are free to extend the deadline. There are three ways you can prove that you are a victim: Complete the certification form given to you by the housing authority or your landlord. The form will ask for your name, the name of your abuser, the abuser's relationship to you, the date, time, and location of the incident of violence, and a description of the violence. You are only required to provide the name of the abuser if it is safe to provide and you know their name. Provide a statement from a victim service provider, attorney, or medical professional who has helped you address incidents of domestic violence, dating violence, sexual assault or stalking. The professional must state that he or she believes that the incidents of abuse are real. Both you and the professional must sign the statement, and both of you must state that you are signing "under penalty of perjury." • Provide a police or court record, such as a protective order. If you fail to provide one of these documents within the required time, the landlord may evict you, and the housing authority may terminate your rental assistance. Confidentiality The housing authority and your landlord must keep confidential any information you provide about the violence against you, unless: • You give written permission to the housing authority or your landlord to release the information. • Your landlord needs to use the information in an eviction proceeding, such as to evict your abuser. • A law requires the housing authority or your landlord to release the information. If release of the information would put your safety at risk, you should inform the housing authority and your landlord. VAWA and Other Laws VAWA does not limit the housing authority's or your landlord's duty to honor court orders about access to or control of the property. This includes orders issued to Baldwin Park Housing Authority Administrative Plan — September 2015 Page 356 of 424 protect a victim and orders dividing property among household members in cases where a family breaks up. 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. Definitions For purposes of determining whether a tenant may be covered by VAWA, the following list of definitions applies. VAWA defines domestic violence to include felony or misdemeanor crimes of violence committed by any of the following: • A current former spouse of the victim • A person with whom the victim shares a child in common • A person who is cohabitating with or has cohabitated with the victim as a spouse • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies • 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. VAWA defines dating violence as violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim AND (2) where the existence of such a relationship shall be determined based on 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. VAWA defines sexual assault as "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)). VAWA defines stalking as (A)(i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person OR (ii) to place under surveillance with the intent to kill, injure,, harass, or intimidate another person AND (B) 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 (i) that person, (ii) a member of the immediate family of that person, or (iii) the spouse or intimate partner of that person. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 357 of 424 For Additional Information If you have any questions regarding VAWA, please contact: The Baldwin Park Housing Authority at (626) 869-7500. For help and advice on escaping an abusive relationship, call the National Domestic Violence Hotline at 1 -800 -799 -SAFE (7233) or 1-800-787-3224 (TTY). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 358 of 424 EXHIBIT 16-2: NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) This notice was adapted from a notice prepared by the National Housing Law Project. A federal law that went into effect in 2013 protects individuals who are victims of domestic violence, dating violence, sexual assault and stalking. The name of the law is the Violence Against Women Act, or WAWA." This notice explains your obligations under VAWA. Protections for Victims You cannot refuse to rent to an applicant solely because he or she is a victim of domestic violence, dating violence, sexual assault or stalking. You cannot evict a tenant who is the victim of domestic violence, dating violence, sexual assault or stalking based on acts or threats of violence committed against the victim. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault or stalking that are caused by a household member or guest cannot be cause for evicting the victim of the abuse. Permissible Evictions You can evict a victim of domestic violence, dating violence, sexual assault or stalking if you can demonstrate that there is an actual and imminent (immediate) threat to other tenants or employees at the property if the victim is not evicted. Also, you may evict a victim for serious or repeated lease violations that are not related to the domestic violence, dating violence, sexual assault or stalking. You cannot hold a victim of domestic violence, dating violence, sexual assault or stalking to a more demanding standard than you hold tenants who are not victims. Removing the Abuser from the Household You may bifurcate (split) the lease to evict a tenant who has committed criminal acts of violence against family members or others, while allowing the victim and other household members to stay in the unit. If you choose to remove the abuser, you may not take away the remaining tenants' rights to the unit or otherwise punish the remaining tenants. In removing the abuser from the household, you must follow federal, state, and local eviction procedures. Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking If a tenant asserts VAWA's protections, you can ask the tenant to certify that he or she is a victim of domestic violence, dating violence, sexual assault or stalking. You are not required to demand official documentation and may rely upon the victim's statement alone. If you choose to request certification, you must do so in writing and give the tenant at least 14 business days to provide documentation. You are free to extend this deadline. A tenant can certify that he or she is a victim by providing any one of the following three documents: Baldwin Park Housing Authority Administrative Plan — September 2015 Page 359 of 424 • A completed, signed HUD -approved certification form. The most recent form is HUD -50066. This form is available at the housing authority or online at http://www.hud.gov/offices/adm/hudclips/forms/hud5.cfm. • A statement from a victim service provider, attorney, or medical professional who has helped the victim address incidents of domestic violence, dating violence, sexual assault or stalking. The professional must state that he or she believes that the incidents of abuse are real. Both the victim and the professional must sign the statement under penalty of perjury. • A police or court record, such as a protective order. If the tenant fails to provide one of these documents within 14 business days, you may evict the tenant if authorized by otherwise applicable law and lease provisions. Confidentiality You must keep confidential any information a tenant provides to certify that he or she is a victim of domestic violence, dating violence, sexual assault or stalking. You cannot enter the information into a shared database or reveal it to outside entities unless: The tenant provides written permission releasing the information. The information is required for use in an eviction proceeding, such as to evict the abuser. Release of the information is otherwise required by law. The victim should inform you if the release of the information would put his or her safety at risk. VAWA and Other Laws VAWA does not limit your obligation to honor court orders regarding access to or control of the property. This includes orders issued to protect the victim and orders dividing property among household members in cases where a family breaks up. 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. Definitions For purposes of determining whether a tenant may be covered by VAWA, the following list of definitions applies. VAWA defines domestic violence to include felony or misdemeanor crimes of violence committed by any of the following: • A current or former spouse of the victim • A person with whom the victim shares a child in common --------------------- -----................................................................................................................_..........�._............... _.................._............................... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 360 of 424 • A person who is cohabitating with or has cohabitated with the victim as a spouse • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies • 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 VAWA defines dating violence as violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim AND (2) 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 intension between the persons involved in the relationship. VAWA defines sexual assault as "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)). VAWA defines stalking as (A)(i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person OR (ii) to place under surveillance with the intent to kill, injure, harass, or intimidate another person AND (B) 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 (i) that person, (ii) a member of the immediate family of that person, or (iii) the spouse or intimate partner of that person. Additional Information If you have any questions regarding VAWA, please contact the Baldwin Park Housing Authority at (626) 869-7500. HUD Notice PIH 2006-42 contains detailed information regarding VAWA's certification requirements. The notice is available at: littp //wwwhudLoo r/offices/adm/hLid cIi s/notices/ ih/06 jh n otices. cfm For discussion of VAWA's housing provisions see the preamble to the final VAWA rule available at: htt :llwww. o. ovifds sl k /FR -2010-10-7/ df/2010-26914. d Baldwin Park Housing Authority Administrative Plan — September 2015 Page 361 of 424 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 II: 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 1'll: Dwellin 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 NewIv 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 Payments 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: Occupy. 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 VIII'; Determinina 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 H ----- Administrative Plan — September 2015 Page 362 of 424 PART I: GENERAL REQUIREMENTS 17-I.A. OVERVIEW [24 CFR 983.5] 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 PBV 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)]. BPHA Policy BPHA will operate a project -based voucher program using up to 20 percent of its budget authority for project -based assistance. PBV assistance may be attached to existing housing or newly constructed or rehabilitated housing [24 CFR 983.52]. If PBV 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 [24 CFR 983.6]. 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 PBV program are listed at 24 CFR 983.2. 109moTAIMM 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 983.71 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. Baldwin Park Housing Authority Administrative Pian — September 2015 Page 363 of 424 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 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(0). PART II: PBV OWNER PROPOSALS 17-II.A. OVERVIEW 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 983.571. 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]. 17-111.6. 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. • PHA reouest for PBV Proosals. 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 ro Deal that uy re previously selected based on a horn etition. This may include selection of a proposal for housing assisted under a federal, state, or local government housing assistance program that Baldwin Park Housing Authority Administrative �. e Plan — September 2015 Page 364 of 424 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, 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. 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 Po_I_cy BHA, ReClUest for Pro orals for Rehabilitated and Newly Constructed Units BPHA will advertise its request for proposals (RFP) for rehabilitated and newly constructed housing in local newspapers. In addition, BPHA will post the RFP and proposal submission and rating and ranking procedures on its electronic web site. 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; Baldwin Park Housing Authority Administrative Plan — September 2015 Page 365 of 424 • 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 • Projects with less than 25 percent of the units assisted will be rated higher than projects with 25 percent of the units 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 percent of units assisted. Projects with the lowest percent of assisted units will receive the highest score. BPHA Requests for Pro orals for Ddstin I-lousin Knits BPHA will advertise its request for proposals (RFP) for existing housing in local newspapers. In addition, BPHA will post the notice inviting such proposal submission and the rating and ranking procedures on its electronic web site. 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. BPHA Selection of Pro osals Sub'ect to a Previous Competition under a Federal, State or Local Housin Assistance Pro rani • 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 366 of 424 • 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: • 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 VI program, the HOME program, CDBG activities, other development activities in a HUD -designated Enterprise Zone, Economic Community, or Renewal Community. PHA -Owned Units [24 CFR 983.51(e) and 983.59] 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. 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 and inspections. In the case of PHA -owned units, the initial contract rent must be approved by an independent entity. In addition, housing quality standards inspections must 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. 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 review the selection and administer the PBV program. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 367 of 424 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. Within 10 business days of BPHA making the selection, BPHA will notify the selected owner in writing of the owner's selection for the PBV program. 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-II.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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 368 of 424 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 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 ANAP. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 369 of 424 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, FR Notice 11/24/08, FR Notice 7/9/10, and FR Notice 6/25/14] The PHA may provide PBV assistance only in accordance with HUD subsidy layering regulations [24 CFR 4.13] and other requirements. 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. Subsidy layering requirements do not apply to existing housing. A further subsidy layering review is not required for new construction or rehabilitation if HUD's designee has conducted a review that included a review of PBV assistance in accordance with the PBV subsidy layering guidelines. The PHA must submit the necessary documentation to HUD for a subsidy layering review. Except in cases noted above, the PHA may not enter into an agreement to enter into a HAP contract or a HAP contract until HUD, or a HUD - approved housing credit agency (HCA), has conducted any required subsidy layering review and determined that the PBV assistance is in accordance with HUD subsidy layering requirements. However, in order to satisfy applicable requirements, HCAs must conduct subsidy layering reviews in compliance with the guidelines set forth in the Federal Register notice published July 9, 2010. 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-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT 25 Percent per Project Cap [24 CFR 983.56(a)] 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 25 percent of the number of dwelling units (assisted or unassisted) in the project. Exceptions to 25 Percent per Project Cap [24 CFR 983.56(b)] Exceptions are allowed and PBV units are not counted against the 25 percent per project cap if: • The units are in a single-family building (one to four units); • The units are excepted units in a multifamily project because they are specifically made available for elderly and/or disabled families or families receiving supportive services (also known as qualifying families). Baldwin Park Housing Authority Administrative Plan — September 2015 Page 370 of 424 PHAs must include in the PHA 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. It is not necessary that the services be provided at or by the project, if they are approved services. To qualify, a family must have at least one member receiving at least one qualifying supportive service. A PHA may not require participation in medical or disability -related services other than drug and alcohol treatment in the case of current abusers as a condition of living in an excepted unit, although such services may be offered. If a family at the time of initial tenancy is receiving, and while the resident of an excepted unit has received, FSS supportive services or any other supportive services as defined in the PHA administrative plan, 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. The PHA must monitor the excepted family's continued receipt of supportive services and take appropriate action regarding those families that fail without good cause to complete their supportive services requirement. The PHA administrative plan must state the form and frequency of such monitoring. BPHA will not require families living in excepted units to receive supportive services. Therefore, excepted units will be limited to units in single-family buildings and those made available for elderly or disabled families. Promoting Partially -Assisted 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 percent. � BPHA will not provide assistance for excepted units. Beyond that, BPHA will not impose any further cap on the number of PBV units assisted per project. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 371 of 424 17-II.G. SITE SELECTION STANDARDS Compliance with PBV 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). 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, 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; • A census tract where there has been an overall decline in the poverty rate within the past five years; or Baldwin Park Housing Authority Administrative Plan — September 2015 Page 372 of 424 • 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 — September 2015 Page 373 of 424 • 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-II.H. ENVIRONMENTAL REVIEW [24 CFR 983.581 The PHA activities under the PBV 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 PBV 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 PBV 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 374 of 424 PART III: DWELLING UNITS 17-III.A. OVERVIEW This part identifies the special housing quality standards that apply to the PBV program, housing accessibility for persons with disabilities, and special procedures for conducting housing quality standards inspections. 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, 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, subpartC. 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)] - ---------- '.. Baldwin Park Housing Authority AdministrativePlan..... .$ep.....tembe.r.....20.1..5. Page 375 of 424 The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not enter into a HAP contract covering a unit until the unit fully complies with HQS. Turnover Inspections [24 CFR 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); 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 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. Ima®w1am 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 agency 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 — September 2015 Page 376 of 424 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS 17-IV.A. OVERVIEW [24 CFR 983.1511 There are specific requirements that apply to PBV assistance for newly constructed or rehabilitated housing that do not apply to PBV 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 PBV 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 PBV 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 PBV 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; Baldwin Park Housing Authority Administrative Plan — September 2015 Page 377 of 424 • Description of the work to be performed under the Agreement. For rehabilitated units, the description must include the rehabilitation work write 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 983.1531 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. : ' , 0a 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. Equal Opportunity [24 CFR 983.154(c)] The owner must comply with Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations at 24 CFR part 135. The owner must also comply with federal equal employment opportunity requirements. Baldwin Park Housing Authority Administrative Plan - September 2015 Page 378 of 424 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. 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 P icy 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 379 of 424 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. 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)]. 17-V.B. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 380 of 424 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. 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] 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 15 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 15 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)]. 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 15 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 15 years. A PHA may provide for multiple extensions; however, in no circumstances may such extensions exceed 15 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 381 of 424 contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR 983.59(b)(2)]. BPHA Policy 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; • 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)] 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. 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] 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 Baldwin Park Hou. v _._.�...... Housing Authority Administrative Plan — September 2015 Page 382 of 424 renew the terminating contract for a period of time sufficient to give tenants one- year advance notice under such terms as HUD may require. 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. 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 [24 CFR 983.207(b)] At the PHA's discretion and subject to the restrictions on the number of dwelling units that can receive PBV assistance per project and on the overall size of the PHA's PBV program, 'a HAP contract may be amended during the three-year period following the execution date of the HAP contract to add additional PBV units in the same project. This type of amendment is subject to all PBV program requirements except that a new PBV proposal is not required. BPHA will consider adding contract units to the HAP contract when BPHA determines that additional housing is needed to serve eligible low-income families. Circumstances may include, but are not limited to: • The local housing inventory is reduced due to a disaster (either due to loss of housing units, or an influx of displaced families); and • Voucher holders are having difficulty finding units that meet program requirements. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 383 of 424 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 [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; • 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 Baldwin Pa....,... ................. ........_ ------------ rk Housing Authority Administrative Plan — September 2015 Page 384 of 424 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 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 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 385 of 424 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 PBV 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 PBV 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 PBV 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. B'PHA Policy 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 PBV 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 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 386 of 424 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 PBV assistance. The PHA may also merge the PBV 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. BPI -IA Pol_. C 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 PBV 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 PBV owner on its PBV 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 PBV 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 11/24/08] 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 PBV developments or units. The PHA must provide an absolute selection preference for eligible in-place families as described in Section 17-VI.B. above. �--- Baldwin Park Housing AuthorityAdministrative Plan — September 2015 Page 387 of 424 Although the PHA is prohibited from granting preferences to persons with a specific disability, the PHA may give preference to disabled families who need services offered at a particular project or site if the preference is limited to families (including individuals): • With disabilities that significantly interfere with their ability to obtain and maintain themselves in housing; • Who, without appropriate supportive services, will not be able to obtain or maintain themselves in housing; and • For whom such services cannot be provided in a non -segregated setting. 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 more than 25 percent of the units receiving project - based assistance because those projects include "excepted units" (units specifically made available for elderly or disabled families, or families receiving supportive services), the PHA must give preference to such families when referring families to these units [24 CFR 983.261(b)]. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 388 of 424 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 PBV 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 389 of 424 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. = The owner must notify BPHA in writing (mail, fax, or e-mail) within 5 business days of learning about any vacancy or expected vacancy. 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. 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, BPI -IA will provide the notice to the owner within 10 business days of the 120"' day of the vacancy. The amendment to the HAP contract will be effective the 1st day of the month following the date of BPHA's notice. 17-VI.G. TENANT SCREENING [24 CFR 983.2551 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. :111 U1111 U41 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 390 of 424 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)]. IMNIM11111"11,111 "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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 391 of 424 911 PART VII: 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 983.2561 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 Policy BPHA will not review the owner's lease for compliance with state or local law. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 392 of 424 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. 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 CFR 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-III.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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 393 of 424 Non -Compliance with Supportive Services Requirement [24 CFR 983.257(c), FR Notice 11/24/08] If a family is living in a project -based unit that is excepted from the 25 percent per project cap on project -basing because of participation in a supportive services program (e.g., Family Self -Sufficiency), and the family fails to complete its supportive services requirement without good cause, such failure is grounds for lease termination by the owner. Tenant Absence from the Unit X24 CFR 983.256(8) 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 CFR 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 6 months following the date of the last housing assistance payment by the PHA. After the 6 month 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 6 month period. Security Deposits [24 CFR 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. 1.1WIFAMM 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 Baldwin Park Housing Authority �Administrative Plan — Se ............. � .......................... September tember 2015 Page 394 of 424 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 CFR 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. 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 reasonable period as determined by the PHA and remove the unit from the HAP contract. 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 . � Baldwin Park Housing Authority Administrative Plan — September 2015 Page 395 of 424 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. 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262] The PHA may not pay housing assistance under a PBV HAP contract for more than 25 percent of the number of dwelling units in a project unless the units are [24 CFR 983.56]: • In a single-family building; • Specifically made available for elderly and/or disabled families; or • Specifically made available for families receiving supportive services as defined by the PHA. At least one member must be receiving at least one qualifying supportive service. 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. A family (or remaining members of a family) residing in an excepted unit that no longer meets the criteria for a "qualifying family" in connection with the 25 percent per project cap exception (e.g., a family that does not successfully complete its FSS contract of participation or supportive services requirements, or a family that is no longer elderly or disabled due to a change in family composition where the Baldwin Park Housing Authority Administrative Plan — September 2015 Page 396 of 424 PHA does not exercise discretion to allow the family to remain in the excepted unit, 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. 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. WNIFTINIM0 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 other cases, when BPHA determines that a family no longer meets the criteria for a "qualifying family" in connection with the 25 percent per project cap exception, BPHA will provide written notice to the family and 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. 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. Baldwin Park Hou.._ _ .__ ..---- ........................... Housing Authority Administrative Plan — September 2015 Page 397 of 424 PART VIII: DETERMINING RENT TO OWNER 17-VIII.A. OVERVIEW The amount of the initial rent to an owner of units receiving PBV 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; • The reasonable rent; or • 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; • The contract unit is not located in a qualified census tract; • 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: • The tax credit rent minus any utility allowance; • The reasonable rent; or • The rent requested by the owner Baldwin Park Housing Authority Administrative Plan — September 2015 Page 398 of 424 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: • 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. 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 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 FMR 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 FMR 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 399 of 424 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. Upon written request by the owner, BPHA will consider using the FMR 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 FMR 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. 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). Iguararol i 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 400 of 424 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. IA lolicr 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(8)] 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 five percent or greater decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR 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; • The HAP contract is amended to substitute a different contract unit in the same building or project; or Baldwin Park Housing Authority Administrative Plan — September 2015 Page 401 of 424 • 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 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-II.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. m . Baldwin Park Housing Authority Administrative Plan — September 20^1_5 Page 402 of 424 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 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. PART IX: PAYMENTS TO OWNER 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 403 of 424 17-IX.B. VACANCY PAYMENTS [24 CFR 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. 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: • 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. MEMMUM 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-VI.F 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 404 of 424 17-IX.C. TENANT RENT TO OWNER [24 CFR 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. 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. BIM -IA Iolicy BPHA will make utility reimbursements to the family. 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.3541 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 Baldwin Park Housing Authority �Administrative Plan — Sept ember 2015 Page 405 of 424 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 — September 2015 Page 406 of 424 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 ......... Baldw P in Park Housing Authority Administrative Plan — September 2015 Page 407 of 424 IPA Independent public accountant IRA Individual retirement account IRS Internal Revenue Service JTPA Job Training Partnership Act LBP Lead-based paint LEP Limited English proficiency MSA Metropolitan statistical area (established by the U.S. Census Bureau) MTCS Multi -family Tenant Characteristics System (now the Form HUD - 50058 sub module of the PIC system) MTW 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 Baldwin Pa..... _........ rk Housing Authority Administrative Plan — September 2015 Page 408 of 424 TTP Total tenant payment UA Utility allowance UFAS Uniform Federal Accessibility Standards UIV Upfront income verification URP Utility reimbursement payment VAWA Violence Against Women Reauthorization Act of 2013 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 409 of 424 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.) Baldwin P.....r ..W ... .... ark Housing Authority Administrative Plan — September 2015 Page 410 of 424 Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 411 of 424 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 412 of 424 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. 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 (E/N). The nine -digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 413 of 424 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 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 VIII 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. Bald ..� in Park Housing Authority Administrative Plan — �� W g �� September 2015 Page 414 of 424 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 415 of 424 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. 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 416 of 424 Live-in aide. A person who resides with one or more elderly persons, or near - elderly persons, or persons with disabilities, and who: - 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. Living/Sleeping 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 Baldwin Park Housing Authority Administrative Plan —September 2015 Page 417 of 424 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 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 Baldwin Park Housing Authority Administrative Plan — September 2015 Page 418 of 424 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). 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: Baldwin Park Housing Authority Administrative Plan — September 2015 Page 419 of 424 - 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 - 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. Baldwin Park Housing Authority Administrative Plan — September 2015 Page 420 of 424 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 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.) Social security 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 Baldwin Park Housing Authority Administrative Plan .— September 2015 Page 421 of 424 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). 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 (SWICA). 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. Baldwin Park Housing Authority. Administrative Plan- September 2015 Page 422 of 424 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. 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 (VAINA) 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. ... Baldwin Park Housing Authority Administrative Plan — September 2015 Page 423 of 424 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. 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 — September 2015 Page 424 of 424