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HCV Admin Plan

HCV Administrative Plan
Housing Authority of the City of Richmond
Approved by the HA Board of Commissioners
Submitted to HUD
Copyright 2022 By Nan McKay and Associates, Inc.
All Rights Reserved

Permission to reprint granted only to the public housing authority or housing agency that has purchased this plan from Nan McKay and Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay and Associates, Inc.

Introduction
About the References Cited in the Model Administrative Plan

Chapter 1 - Overview of the Program and Plan

Part I: The PHA

  • 1-I.A. Overview
  • 1-I.B. Organization and Structure of the PHA
  • 1-I.C. PHA Mission
  • 1-I.D. The PHA'S Programs
  • 1-I.E. The PHA's Commitment to Ethics and Service

Part II: the Housing Choice Voucher (HCV) Program

  • 1-II.A. Overview and History of the Program
  • 1-II.B. HCV Program Basics
  • 1-II.C. The HCV Partnerships
    • The HCV Relationships:
    • What Does Hud Do?
    • What Does the PHA Do?
    • What Does the Owner Do?
    • What Does the Family Do?
  • 1-II.D. Applicable Regulations

Part III: the HCV Administrative Plan

  • 1-III.A. Overview and Purpose of the Plan
  • 1-III.B. Contents of the Plan (24CFR 982.54)
    • Mandatory Vs. Discretionary Policy
  • 1-III.C. Organization of the Plan
  • 1-III.D. Updating and Revising the Plan

Chapter 2 - Fair Housing and Equal Opportunity

Part I: Nondiscrimination

  • 2-I.A. Overview
  • 2-I.B. Nondiscrimination
    • Providing Information to Families and Owners
    • Discrimination Complaints

Part II: Policies Related to Persons with Disabilities

  • 2-II.A. Overview
  • 2-II.B. Definition of Reasonable Accommodation
    • Type of Reasonable Accommodations
  • 2-II.C. Request for An Accommodation
  • 2-II.D. Verification of Disability
  • 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]
  • 2-II.F. Program Accessibility for Persons with Hearing or Vision Impairments
  • 2-II.G. Physical Accessibility
  • 2-II.H. Denial or Termination of Assistance

Part III: Improving Access to Services for Persons with Limited English Proficiency (LEP)

  • 2-III.A. Overview
  • 2-III.B. Oral Interpretation
  • 2-III.C. Written Translation
  • 2-III.D. Implementation Plan

Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201]

Chapter 3 - Eligibility

Part I: Definitions of Family and Household Members

  • 3-I.A. Overview
  • 3-I.B. Family and Household [24 CFR 982.201(C); FR Notice 02/03/12.Notice PIH 2014-20]
    • Family
    • Household
  • 3-I.C. Family Breakup and Remaining Member of Tenant Family
    • Family Breakup [24 CFR 982.315; Notice PIH 2017-08]
    • Remaining Member of a Tenant Family [24 CFR 5.403]
  • 3-I.D. Head of Household [24 CFR 5.504(B)]
  • 3-I.E. Spouse, Cohead, and Other Adult
  • 3-I.F. Dependent [24 CFR 5.603]
    • Joint Custody of Dependents
  • 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, P. 5-29]
  • 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
    • Near-Elderly Persons
    • Elderly Family
  • 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12]
    • Persons With Disabilities
    • Disabled Family
  • 3-I.J. Guests [24 CFR 5.100]
  • 3.I.K. Foster Children and Foster Adults
  • 3-I.L. Absent Family Members
    • Definitions of Temporarily and Permanently Absent
    • Absent Students
    • Absences Due to Placement in Foster Care [24 CFR 5.403]
    • Absent Head, Spouse, or Cohead
    • Family Members Permanently Confined for Medical Reasons [HCV GB, P. 5-22]
    • Return of Permanently Absent Family Members
  • 3-I.M. Live-In Aide

Part II: Basic Eligibility Criteria

  • 3-II.A. Income Eligibility and Targeting
    • Income Limits
    • Definitions of the Income Limits [24 CFR 5.603(B)]
    • Using Income Limits for Eligibility [24 CFR 982.201]
    • Using Income Limits for Targeting [24 CFR 982.201]
  • 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E]
    • Declaration [24 CFR 5.508]
    • Mixed Families
    • Ineligible Families [24 CFR 5.514(D), (E), and (F)]
    • Timeframe for Determination of Citizenship Status [24 CFR 5.508(G)]
  • 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2018-24]
  • 3-II.D. Family Consent to Release of Information [24 CFR 5.230.HCV GB, P. 5-13]
  • 3-II.E. Students Enrolled in Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16]
    • Definitions
    • Determining Student Eligibility
  • 3-II.F. EIV System Searches [Notice PIH 2018-18; EIV FAQS.EIV System Training 9/30/20]
    • Existing Tenant Search
    • Debts owed to PHAS and Terminations
    • Income and Income Validation Tool (IVT) Reports

Part III: Denial of Assistance

  • 3-III.A. Overview
    • Forms of Denial [24 CFR 982.552(A)(2); HCV GB, P. 5-35]
    • Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(B), 24 CFR 5.2005(B)]
  • 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(A)]
  • 3-III.C. Other Permitted Reasons for Denial of Assistance
    • Criminal Activity [24 CFR 982.553]
    • Previous Behavior in Assisted Housing [24 CFR 982.552(C)]
  • 3-III.D. Screening
    • Screening for Eligibility
    • Screening for Suitability as a Tenant [24 CFR 982.307]
  • 3-III.E. Criteria for Deciding to Deny Assistance
    • Evidence [24 CFR 982.553(C)]
    • Consideration of Circumstances [24 CFR 982.552(C)(2)]
    • Removal of a Family Member's Name from the Application
    • Reasonable Accommodation [24 CFR 982.552(C)(2)(IV)]
  • 3-III.F. Notice of Eligibility or Denial
  • 3-III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
    • Notification
    • Documentation

Exhibit 3-1: Detailed Definitions Related to Disabilities

  • Person With Disabilities [24 CFR 5.403]
  • Individual With Handicaps [24 CFR 8.3]
  •  

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]

Chapter 4 - Applications, Waiting List and Tenant Selection

Part I: The Application Process

  • 4-I.A. Overview
  • 4-I.B. Applying for Assistance [HCV GB, Pp. 4-11 - 4-16, Notice PIH 2009-36]
  • 4-I.C. Accessibility of the Application Process
    • Elderly and Disabled Populations [24 CFR 8 and HCV GB, Pp. 4-11 - 4-13]
    • Limited English Proficiency
  • 4-I.D. Placement on the Waiting List
    • Ineligible for Placement on the Waiting List
    • Eligible for Placement on the Waiting List

Part II: Managing the Waiting List

  • 4-II.A. Overview
  • 4-II.B. Organization of the Waiting List [24 CFR 982.204 and 205]
  • 4-II.C. Opening and Closing the Waiting List [24 CFR 982.206]
    • Closing the Waiting List
    • Reopening the Waiting List
  • 4-II.D. Family Outreach [HCV GB, Pp. 4-2 to 4-4]
  • 4-II.E. Reporting Changes in Family Circumstances
  • 4-II.F. Updating the Waiting List [24 CFR 982.204]
    • Purging the Waiting List
    • Removal From the Waiting List

Part III: Selection for HCV Assistance

  • 4-III.A. Overview
  • 4-III.B. Selection and HCV Funding Sources
    • Special Admissions [24 CFR 982.203]
    • Targeted Funding [24 CFR 982.204(E)]
    • Regular HCV Funding
  • 4-III.C. Selection Method
    • Local Preferences [24 CFR 982.207; HCV P. 4-16]
    • Income Targeting Requirement [24 CFR 982.201(B)(2)]
    • Order of Selection
  • 4-III.D. Notification of Selection
  • 4-III.E. the Application Interview
  • 4-III.F. Completing the Application Process

Chapter 5 - Briefings and Voucher Issuance

Part I: Briefings and Family Obligations

  • 5-I.A. Overview
  • 5-I.B. Briefing [24 CFR 982.301]
    • Notification of Briefing
    • In-Person Briefings
    • Remote Briefings [Notice PIH 2020-32]
    • Accessibility Requirements for Persons with Disabilities and LEP Individuals
    • Conducting Remote Briefings
    • Oral Briefing [24 CFR 982.301(A)]
    • Briefing Packet [24 CFR 982.301(B); New HCV GB, Housing Search and Leasing, P. 7]
    • Additional Items to Be Included in the Briefing Packet 5-7
  • 5-I.C. Family Obligations
    • Time Frames for Reporting Changes Required by Family Obligations
    • Family Obligations [24 CFR 982.551]

Part II: Subsidy Standards and Voucher Issuance

  • 5-II.A. Overview
  • 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402]
  • 5-II.C. Exceptions to Subsidy Standards
  • 5-II.D. Voucher Issuance [24 CFR 982.302]
  • 5-II.E. Voucher Term and Extensions
    • Voucher Term [24 CFR 982.303]
    • Extensions of Voucher Term [24 CFR 982.303(B)]
    • Suspensions of Voucher Term [24 CFR 982.303(C)]
    • Expiration of Voucher Term

Chapter 6 Income and Subsidy Determinations [24 CFR Part 5, Subparts E and F; 24 CFR 982]

Part I: Annual Income

  • 6-I.A. Overview
  • 6-I.B. Household Composition and Income
    • Summary of Income Included and Excluded by Person
    • Temporarily Absent Family Members
    • Family Members Permanently Confined for Medical Reasons
    • Joint Custody of Dependents
    • Caretakers for a Child
  • 6-I.C. Anticipating Annual Income
    • Basis of Annual Income Projection
    • Projecting Income
  • 6-I.D. Earned Income
    • Types of Earned Income Included in Annual Income
    • Types of Earned Income Not Counted in Annual Income
  • 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16]
    • Eligibility
    • Calculation of the Disallowance
    • Calculation Method
  • 6-I.F. Business Income [24 CFR 5.609(B)(2)]
    • Business Expenses
    • Business Expansion
    • Capital Indebtedness
    • Negative Business Income
    • Withdrawal of Cash or Assets from a Business
    • Co-Owned Businesses
  • 6-I.G. Assets [24 CFR 5.609(B)(3); 24 CFR 5.603(B)]
    • Overview
    • General Policies
    • Types of Assets
  • 6-I.H. Periodic Payments
    • Periodic Payments Included in Annual Income
    • Lump-Sum Payments for the Delayed Start of a Periodic Payment
    • Treatment of Overpayment Deductions Form Social Security Benefits
    • Periodic Payments Excluded from Annual Income
  • 6-I.I. Payments In Lieu of Earnings
  • 6-I.J. Welfare Assistance
    • Overview
    • Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]
  • 6-I.K. Periodic and Determinable Allowances [24 CFR 5.609(B)(7)]
    • Alimony and Child Support
    • Regular Contributions or Gifts
  • 6-I.L. Student Financial Assistance [24 CFR 5.609(B)(9) Notice PIH 2015-21]
    • Student Financial Assistance Included in Annual Income [24 CFR 5.609(B)(9) ); FR 4/10/06; Notice PIH 2015-21]
    • Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(C)(6)]
  • 6-I.M. Additional Exclusions from Annual Income

Part II: Adjusted Income

  • 6-II.A. Introduction
    •  Overview
    • Anticipating Expenses
  • 6-II.B. Dependent Deduction
  • 6-II.C. Elderly or Disabled Family Deduction
  • 6-II.D. Medical Expenses Deduction [24 CFR 5.611(A)(3)(I)]
    • Definition of Medical Expenses
    • Summary of Allowable Medical Expenses From IRS Publication 502
    • Families that Qualify for Both Medical and Disability Assistance Expenses
  • 6-II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(B) and 24 CFR 5.611(A)(3)(II)]
    • Earned Income Limit on the Disability Assistance Expense Deduction
    • Eligible Disability Expenses
    • Necessary and Reasonable Expenses
    • Families that Qualify for Both Medical and Disability Assistance Expenses
  • 6-II.F. Childcare Expense Deduction
    • Clarifying the Meaning of Child for this Deduction
    • Qualifying for the Deduction
    • Earned Income Limit on Childcare Expense Deduction
    • Eligible Childcare Expenses

Part III: Calculating Family Share and PHA Subsidy

  • 6-III.A. Overview of Rent and Subsidy Calculations
    • TTP Formula [24 CFR 5.628]
    • Family Share [24 CFR 982.305(A)(5)]
    • PHA Subsidy [24 CFR 982.505(B)]
    • Utility Reimbursement [24 CFR 982.514(B); 982.514(C)]
  • 6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630]
    • Overview
    • Hud-Defined Financial Hardship
    • Implementation of Hardship Exemption
  • 6-III.C. Applying Payment Standards [24 CFR 982.505; 982.503(B)]
    • Overview
    • Changes In Payment Standards
    • Reasonable Accommodation
  • 6-III.D. Applying Utility Allowances [24 CFR 982.517]
    • Overview
    • Reasonable Accommodation
    • Utility Allowance Revisions
  • 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520]

Exhibit 6-1: Annual Income Inclusions

  • HHS Definition of "Assistance"

Exhibit 6-2: Annual Income Exclusions

Exhibit 6-3: Treatment of Family Assets

Exhibit 6-4: Earned Income Disallowance for Persons with Disabilities

Exhibit 6-5: The Effect of Welfare Benefit Reduction

Chapter 7 - Verification [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230 Notice PIH 2018-18]

Part I: General Verification Requirements

  • 7-I.A. Family Consent to Release of Information [24 CFR 982.516 and 982.551, 24 CFR 5.230]
    • Consent Forms
    • Penalties for Failing to Consent [24 CFR 5.232]
  • 7-I.B. Overview of Verification Requirements
    • Hud's Verification Hierarchy [Notice PIH 2018-18]
    • Requirements for Acceptable Documents
    • File Documentation
  • 7-I.C. Up-Front Income Verification (UIV)
    • Upfront Income Verification Using Hud's Enterprise Income Verification (EIV) System (Mandatory)
    • Upfront Income Verification Using Non-Hud Systems (Optional)
  • 7-I.D. Third-Party Written and Oral Verification
    • Written Third-Party Verification [Notice PIH 2018-18]
    • Written Third-Party Verification Form
    • Oral Third-Party Verification [Notice PIH 2018-18]
    • When Third-Party Verification Is Not Required [Notice PIH 2018-18]
  • 7-I.E. Self-Certification

Part II: Verifying Family Information

  • 7-II.A. Verification of Legal Identity
  • 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2018-24]
  • 7-II.C. Documentation of Age
  • 7-II.D. Family Relationships
    • Marriage
    • Separation or Divorce
    • Absence of Adult Member
    • Foster Children and Foster Adults
  • 7-II.E. Verification of Student Status
    • General Requirements
    • Restrictions on Assistance to Students Enrolled in Institutions of Higher Education
  • 7-II.F. Documentation of Disability
    • Family Members Receiving SSA Disability Benefits
    • Family Members Not Receiving SSA Disability Benefits
  • 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508]
    • Overview
    • U.S. Citizens and Nationals
    • Eligible Immigrants
  • 7-II.H. Verification of Preference Status

Part III: Verifying Income and Assets

  • 7-III.A. Earned Income
    • Tips
  • 7-III.B. Business and Self Employment Income
  • 7-III.C. Periodic Payments and Payments In Lieu of Earnings
    • Social Security/SSI Benefits
  • 7-III.D. Alimony or Child Support
  • 7-III.E. Assets and Income from Assets
    • Assets Disposed of for Less than Fair Market Value
  • 7-III.F. Net Income from Rental Property
  • 7-III.G. Retirement Accounts
  • 7-III.H. Income from Excluded Sources
  • 7-III.I. Zero Annual Income Status
  • 7-III.J. Student Financial Assistance [Notice PIH 2015-21]
  • 7-III.K. Parental Income of Students Subject to Eligibility Restrictions

Part IV: Verifying Mandatory Deductions

  • 7-IV.A. Dependent and Elderly/Disabled Household Deductions
    • Dependent Deduction
    • Elderly/Disabled Family Deduction
  • 7-IV.B. Medical Expense Deduction
    • Amount of Expense
    • Eligible Household
    • Qualified Expenses
    • Unreimbursed Expenses
    • Expenses Incurred in Past Years
  • 7-IV.C. Disability Assistance Expenses
    • Amount of Expense
    • Family Member Is a Person with Disabilities
    • Family Member(S) Permitted to Work
    • Unreimbursed Expenses
  • 7-IV.D. Childcare Expenses
    • Eligible Child
    • Unreimbursed Expense
    • Pursuing an Eligible Activity
    • Allowable type of Childcare
    • Reasonableness of Expenses

Exhibit 7-1: Summary of Documentation Requirements for Noncitizens

Chapter 8 - Housing Quality Standards and Rent Reasonableness Determinations [24 CFR 982 Subpart I and 24 CFR 982.507]

Part I: Physical Standards

  • 8-I.A. General Hud Requirements
    • Hud Performance and Acceptability Standards
    • Tenant Preference Items
    • Modifications to Provide Accessibility
  • 8-I.B. Additional Local Requirements
    • Thermal Environment [HCV GB P.10-7]
    • Clarifications of Hud Requirements
  • 8-I.C. Life-Threatening Conditions [24 CFR 982.404(A) FR Notice 1/18/17]
  • 8-I.D. Owner and Family Responsibilities [24 CFR 982.404]
    • Family Responsibilities
    • Owner Responsibilities
  • 8-I-E. Special Requirements for Children with Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17 Notice PIH 2017-13]
  • 8-I-F. Violation of HQS Space Standards [24 CFR 982.401, 24 CFR 982.403]

Part II: the Inspection Process

  • 8-II.A. Overview [24 CFR 982.405]
    • Types of Inspections
    • Inspection of PHA-Owned Units [24 CFR 982.352(B)]
    • Inspection Costs [Notice PIH 2016-05]
    • Remote Video Inspections (RVIS) [Notice PIH 2020-31]
    • Notice and Scheduling
    • Owner and Family Inspection Attendance
  • 8-II.B. Initial HQS Inspection [24 CFR 982.401(A)]
    • Initial Inspections [Fr Notice 1/18/17]
    • Timing of Initial Inspections
    • Inspection Results and Reinspection
    • Utilities
    • Appliances [Form Hud-52580]
  • 8-II.C. Annual/Biennial HQS Inspections [24 CFR 982.405 and 982.406 Notice PIH 2016-05]
    • Scheduling the Inspection
  • 8-II.D. Special Inspections [24 CFR 982.405(G)]
  • 8-II.E. Quality Control Inspections [24 CFR 982.405(B).24 CFR 985.3(E); HCV GB, P. 10-32]
  • 8-II.F. Inspection Results and Reinspection for Units Under HAP Contract
    • Notification of Corrective Actions
    • Extensions
    • Re-inspections
  • 8-II.G. Enforcing Owner Compliance
    • HAP Abatement
    • HAP Contract Termination
  • 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(B)]

Part III: Rent Reasonableness [24 CFR 982.507]

  • 8-III.A. Overview
    • PHA-Owned Units [24 CFR 982.352(B)]
  • 8-III.B. When Rent Reasonableness Determinations are Required
    • Owner-Initiated Rent Determinations
    • PHA and Hud-Initiated Rent Reasonableness Determinations
    • LIHTC and Home-Assisted Units [24 CFR 982.507(C)
  • 8-III.C. How Comparability Is Established
    • Factors to Consider
    • Units that Must Not Be Used as Comparable
    • Rents Charged for Other Units on the Premises
  • 8-III.D. PHA Rent Reasonableness Methodology
    • How Market Data Is Collected
    • How Rents are Determined

Exhibit 8-1: Overview of Hud Housing Quality Standards

Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality

Chapter 9 - General Leasing Policies

  • 9-I.A. Tenant Screening
  • 9-I.B. Requesting Tenancy Approval [Form Hud-52517]
  • 9-I.C. Owner Participation
  • 9-I.D. Eligible Units
    • Ineligible Units [24 CFR 982.352(A)]
    • PHA-Owned Units [24 CFR 982.352(B)]
    • Special Housing Types [24 CFR 982 Subpart M]
    • Duplicative Assistance [24 CFR 982.352(C)]
    • Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401]
    • Unit Size
    • Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]
    • Rent Burden [24 CFR 982.508]
  • 9-I.E. Lease and Tenancy Addendum
    • Lease Form and Tenancy Addendum [24 CFR 982.308]
    • Lease Information [24 CFR 982.308(D)]
    • Term of Assisted Tenancy
    • Security Deposit [24 CFR 982.313 (A) and (B)]
    • Separate Non-Lease Agreements Between Owner and Tenant
    • PHA Review of Lease
  • 9-I.F. Tenancy Approval [24 CFR 982.305]
  • 9-I.G. HAP Contract Execution [24 CFR 982.305]
  • 9-I.H. Changes in Lease or Rent [24 CFR 982.308]

Chapter 10 - Moving With Continued Assistance and Portability

Part I: Moving With Continued Assistance

  • 10-I.A. Allowable Moves
  • 10-I.B. Restrictions on Moves
    • Denial of Moves
    • Restrictions on Elective Moves [24 CFR 982.354(C)]
  • 10-I.C. Moving Process
    • Notification
    • Approval
    • Reexamination of Family Income and Composition
    • Voucher Issuance and Briefing
    • Housing Assistance Payments [24 CFR 982.311(D)]
    • Zero HAP Families Who Wish to Move [24 CFR 982.455]

Part II: Portability

  • 10-II.A. Overview
  • 10-II.B. Initial PHA Role
    • Allowable Moves Under Portability
    • Determining Income Eligibility
    • Reexamination of Family Income and Composition
    • Briefing
    • Voucher Issuance and Term
    • Voucher Extensions and Expiration
    • Preapproval Contact with the Receiving PHA
    • Initial Notification to the Receiving PHA
    • Sending Documentation to the Receiving PHA
    • Initial Billing Deadline [Notice PIH 2016-09]
    • Monthly Billing Payments [Notice PIH 2016-09]
    • Annual Updates of Form Hud-50058
    • Denial or Termination of Assistance [24 CFR 982.355(C)(17)]
  • 10-II.C. Receiving PHA Role
    • Responding to Initial PHA's Request [24 CFR 982.355(C)]
    • Initial Contact with Family
    • Briefing
    • Income Eligibility and Reexamination
    • Voucher Issuance
    • Notifying the Initial PHA
    • Administering a Portable Family's Voucher
    • Absorbing a Portable Family

Chapter 11 - Reexaminations

Part I: Annual Reexaminations [24 CFR 982.516]

  • 11-I.A. Overview
  • 11-I.B. Streamlined Annual Reexaminations [24 CFR 982.516(B); New HCV GB, Reexaminations
  • 11-I.C. Scheduling Annual Reexaminations
    • Notification of and Participation in the Annual Reexamination Process
  • 11-I.D. Conducting Annual Reexaminations
  • 11-I.E. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(B)(5)]
  • 11-I.F. Effective Dates

Part II: Interim Reexaminations [24 CFR 982.516]

  • 11-II.A. Overview
  • 11-II.B. Changes in Family and Household Composition
    • New Family Members Not Requiring PHA Approval
    • New Family and Household Members Requiring Approval
    • Departure of a Family or Household Member
  • 11-II.C. Changes Affecting Income or Expenses
    • PHA-Initiated Interim Reexaminations
    • Family-Initiated Interim Reexaminations
  • 11-II.D. Processing the Interim Reexamination
    • Method of Reporting
    • Effective Dates

Part III: Recalculating Family Share and Subsidy Amount

  • 11-III.A. Overview
  • 11-III.B. Changes in Payment Standards and Utility Allowances
    • Payment Standards [24 CFR 982.505]
    • Subsidy Standards [24 CFR 982.505(C)(4)]
    • Utility Allowances [24 CFR 982.517(D)]
  • 11-III.C. Notification of New Family Share and HAP Amount
  • 11-III.D. Discrepancies

Chapter 12 - Termination of Assistance and Tenancy

Part I: Grounds for Termination of Assistance

  • 12-I.A. Overview
  • 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455]
  • 12-I.C. Family Chooses to Terminate Assistance
  • 12-I.D. Mandatory Termination of Assistance
    • Eviction [24 CFR 982.552(B)(2), 24 CFR 5.2005(C)(1)]
    • Failure to Provide Consent [24 CFR 982.552(B)(3)]
    • Failure to Document Citizenship [24 CFR 982.552(B)(4) and 24 CFR 5.514(C)]
    • Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(C), Notice PIH 2018-24]
    • Methamphetamine Manufacture or Production [24 CFR 983.553(B)(1)(II)]
    • Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(B)(5) and FR 4/10/06]
    • Death of the Sole Family Member [24 CFR 982.311(D) and Notice PIH 2010-9]
  • 12-I.E. Mandatory Policies and Other Authorized Terminations
    • Mandatory Policies [24 CFR 982.553(B) and 982.551(L)]
    • Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(C), 24 CFR 5.2005(C), 24 CFR 984.101(D)]

Part II: Approach to Termination of Assistance

  • 12-II.A. Overview
  • 12-II.B. Method of Termination [24 CFR 982.552(A)(3)]
  • 12-II.C. Alternatives to Termination of Assistance
    • Change In Household Composition
    • Repayment of Family Debts
  • 12-II.D. Criteria for Deciding to Terminate Assistance
    • Evidence
    • Use of Criminal Conviction Records After Admission [24 CFR 5.903]
    • Consideration of Circumstances [24 CFR 982.552(C)(2)(I)]
    • Reasonable Accommodation [24 CFR 982.552(C)(2)(IV)]
  • 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault or Stalking
    • VAWA Protections Against Terminations
    • Limitations on VAWA Protections [24 CFR 5.2005(D) and (E)]
    • Documentation of Abuse [24 CFR 5.2007]
    • Terminating the Assistance of a Domestic Violence Perpetrator
  • 12-II.F. Termination Notice

Part III: Termination of Tenancy by the Owner

  • 12-III.A. Overview
  • 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]
    • Serious or Repeated Lease Violations
    • Violation of Federal, State, or Local Law
    • Criminal Activity or Alcohol Abuse
    • Other Good Cause
  • 12-III.C. Eviction [24 CFR 982.310(E) and (F) and Form Hud-52641-A, Tenancy Addendum]
  • 12-III.D. Deciding Whether to Terminate Tenancy [24 CFR 982.310(H), 24 CFR 982.310(H)(4)]
  • 12-III.E. Effect of Tenancy Termination on the Family's Assistance

Exhibit 12-1: Statement of Family Obligations

Chapter 13 - Owners

Part I: Owners In the HCV Program

  • 13-I.A. Owner Recruitment and Retention [HCV GB, Pp. 2-4 to 2-6 HCV Landlord Strategy Guidebook for PHAs]
    • Recruitment
    • Retention
  • 13-I.B. Basic HCV Program Requirements
  • 13-I.C. Owner Responsibilities [24 CFR 982.452]
  • 13-I.D. Owner Qualifications
    • Owners Barred from Participation [24 CFR 982.306(A) and (B)]
    • Leasing to Relatives [24 CFR 982.306(D), HCV GB P. 11-2]
    • Conflict of Interest [24 CFR 982.161; HCV GB P. 8-19 Form Hud-52641, Section 13]
    • Owner Actions that May Result in Disapproval of a Tenancy Request [24 CFR 982.306(C)]
    • Legal Ownership of Unit
  • 13-I.E. Non-Discrimination [HAP Contract - Form Hud-52641]

Part II: HAP Contracts

  • 13-II.A. Overview
  • 13-II.B. HAP Contract Contents
  • 13-II.C. HAP Contract Payments
    • General
    • Owner Certification of Compliance
    • Late HAP Payments [24 CFR 982.451(A)(5)]
    • Termination of HAP Payments [24 CFR 982.311(B)]
  • 13-II.D. Breach of HAP Contract [24 CFR 982.453]
  • 13-II.E. HAP Contract Term and Terminations
  • 13-II.F. Change in Ownership / Assignment of the HAP Contract [Hud-52641]
  • 13-II.G. Foreclosure [Notice PIH 2010-49]

Chapter 14 - Program Integrity

Part I: Preventing, Detecting, and Investigating Errors and Program Abuse

  • 14-I.A. Preventing Errors and Program Abuse
  • 14-I.B. Detecting Errors and Program Abuse
    • Quality Control and Analysis of Data
    • Independent Audits and Hud Monitoring
    • Individual Reporting of Possible Errors and Program Abuse
  • 14-I.C. Investigating Errors and Program Abuse
    • When the PHA Will Investigate
    • Consent to Release of Information [24 CFR 982.516]
    • Analysis and Findings
    • Consideration of Remedies
    • Notice and Appeals

Part II: Corrective Measures and Penalties

  • 14-II.A. Subsidy Under or Overpayments
    • Corrections
    • Reimbursement
  • 14-II.B. Family-Caused Errors and Program Abuse
    • Family Reimbursement to PHA [HCV GB Pp. 22-12 to 22-13]
    • PHA Reimbursement to Family [HCV GB P. 22-12]
    • Prohibited Actions
    • Penalties for Program Abuse
  • 14-II.C. Owner-Caused Error or Program Abuse
    • Owner Reimbursement to the PHA
    • Prohibited Owner Actions
    • Remedies and Penalties
  • 14-II.D. PHA-Caused Errors or Program Abuse
    • Repayment to the PHA
    • PHA Reimbursement to Family or Owner
    • Prohibited Activities
  • 14-II.E. Criminal Prosecution
  • 14-II.F. Fraud and Program Abuse Recoveries

Chapter 15 - Special Housing Types [24 CFR 982 Subpart M; New HCV GB, Special Housing Types]

Part I: Single Room Occupancy [24 CFR 982.602 Through 982.605 Form Hud-52641; New HCV GB, Special Housing Types, P. 4]

  • 15-I.A. Overview
  • 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation
  • 15-I.C. Housing Quality Standards (HQS)

Part II: Congregate Housing [24 CFR 982.606 Through 982.609 Form Hud-52641; New HCV GB, Special Housing Types, P. 6]

  • 15-II.A. Overview
  • 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation
  • 15-II.C. Housing Quality Standards

Part III: Group Home [24 CFR 982.610 Through 982.614; Form Hud-52641. and New HCV GB, Special Housing Types, P. 8]

  • 15-III.A. Overview
  • 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation
  • 15-III.C. Housing Quality Standards

Part IV: Shared Housing [24 CFR 982.615 Through 982.618; Form Hud-52641 Notice PIH 2021-05; New HCV GB, Special Housing Types, P. 11]

  • 15-IV.A. Overview
  • 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation
  • 15-IV.C. Housing Quality Standards

Part V: Cooperative Housing [24 CFR 982.619; New HCV GB Special Housing Types, P. 14]

  • 15-V.A. Overview
  • 15-V.B. Payment Standard, Utility Allowance and HAP Calculation
  • 15-V.C. Housing Quality Standards

Part VI: Manufactured Homes [24 CFR 982.620 Through 982.624 FR Notice 1/18/17; New HCV GB, Special Housing Types, P. 15]

  • 15-VI.A. Overview
  • 15-VI.B. Special Requirements for Manufactured Homeowners Who Lease a Space
    • Family Income
    • Lease and HAP Contract
  • 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation [Fr Notice 1/18/17]
    • Payment Standards
    • Utility Allowance
    • Space Rent
    • Amortization Costs
    • Housing Assistance Payment
    • Rent Reasonableness
  • 15-Vi.D. Housing Quality Standards

Part VII: Homeownership [24 CFR 982.625 Through 982.643]

  • 15-VII.A. Overview [24 CFR 982.625]
  • 15-VII.B. Family Eligibility [24 CFR 982.627]
  • 15-VII.C. Selection of Families [24 CFR 982.626]
  • 15-VII.D. Eligible Units [24 CFR 982.628]
  • 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629]
  • 15-VII.F. Homeownership Counseling [24 CFR 982.630]
  • 15-VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631]
    • Home Inspections
    • Contract of Sale
    • Disapproval of a Seller
  • 15-VII.H. Financing [24 CFR 982.632]
  • 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633]
  • 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634]
  • 15-VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635]
  • 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(B) and (C), 982.552, 982.553]
  • 15-VII.M. Moving with Continued Assistance [24 CFR 982.637]
  • 15-VII.N. Denial or Termination of Assistance [24 CFR 982.638]

Chapter 16 Program Administration

Part I: Administrative Fee Reserve [24 CFR 982.155]

Part II: Setting Program Standards and Schedules

  • 16-II.A. Overview
  • 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7]
    • Updating Payment Standards
    • Exception Payment Standards [24 CFR 982.503(C)(5), Notice PIH 2018-01, FR Notice 9/27/21]
    • Voluntary Use of Small Area FMRS [24 CFR 982.503, Notice PIH 2018-01]
    • Unit-By-Unit Exceptions [24 CFR 982.503(B), 24 CFR 982.505(D), Notice PIH 2010-26]
    • "Success Rate" Payment Standard Amounts [24 CFR 982.503(E)]
    • Decreases In the Payment Standard Below the Basic Range [24 CFR 982.503(D)]
  • 16-II.C. Utility Allowances [24 CFR 982.517]
    • Air Conditioning
    • Reasonable Accommodation
    • Utility Allowance Revisions

Part III: Informal Reviews and Hearings

  • 16-III.A. Overview
  • 16-III.B. Informal Reviews
    • Decisions Subject to Informal Review [24 CFR 982.554(A) and (C)]
    • Notice to the Applicant [24 CFR 982.554(A)]
    • Scheduling an Informal Review
    • Informal Review Procedures [24 CFR 982.554(B)]
    • Remote Informal Reviews [Notice PIH 2020-32]
    • Conducting Remote Informal Reviews
    • Ensuring Accessibility for Persons with Disabilities and LEP Individuals
    • Informal Review Decision [24 CFR 982.554(B)]
  • 16-III.C. Informal Hearings for Participants [24 CFR 982.555]
    • Decisions Subject to Informal Hearing
    • Remote Informal Hearings [Notice PIH 2020-32]
    • Ensuring Accessibility for Persons with Disabilities and LEP Individuals
    • Conducting Informal Hearings Remotely
    • Informal Hearing Procedures
  • 16-III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514]
    • Notice of Denial or Termination of Assistance [24 CFR 5.514(D)]
    • USCIS Appeal Process [24 CFR 5.514(E)]
    • Informal Hearing Procedures for Applicants [24 CFR 5.514(F)]
    • Informal Hearing Procedures for Residents [24 CFR 5.514(F)]
    • Retention of Documents [24 CFR 5.514(H)]

Part IV: Owner or Family Debts to the PHA

  • 16-IV.A. Overview
  • 16-IV.B. Repayment Policy
    • Owner Debts to the PHA
    • Family Debts to the PHA
    • Refusal to Enter into an Agreement
    • Repayment Agreement [24 CFR 792.103]
    • General Repayment Agreement Guidelines for Families
    • Repayment Agreements Involving Improper Payments

Part V: Section 8 Management Assessment Program (SEMAP)

  • 16-V.A. Overview
  • 16-V.B. SEMAP Certification [24 CFR 985.101]
    • Hud Verification Method
  • 16-V.C. SEMAP Indicators [24 CFR 985.3 and Form Hud-52648]
    • SEMAP Indicators Chart

Part VI: Record Keeping

  • 16-VI.A. Overview
  • 16-VI.B. Record Retention [24 CFR 982.158; 24 CFR 908.101]
  • 16-VI.C. Records Management
    • Privacy Act Requirements [24 CFR 5.212 and Form-9886]
    • Upfront Income Verification (UIV) Records
    • Criminal Records
    • Medical/Disability Records
    • Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

Part VII: Reporting and Record Keeping for Children with Elevated Blood Lead Level

  • 16-VII.A. Overview
  • 16-VII.B. Reporting Requirement [24 CFR 35.1225(E) [Notice PIH 2017-13]
  • 16-VII.C. Data Collection and Record Keeping [24 CFR 35.1225(F)]

Part VIII: Determination of Insufficient Funding

  • 16-VIII.A. Overview
  • 16-VIII.B. Methodology

Part IX: Violence Against Women Act (VAWA): Notification, Documentation, Confidentiality

  • 16-IX.A. Overview
  • 16-IX.B. Definitions [24 CFR 5.2003]
  • 16-IX.C. Notification [24 CFR 5.2005(A), 42 USC 13925]
    • Notification to Public
    • Notification to Program Applicants and Participants [24 CFR 5.2005(A)(1)]
    • Notification to Owners and Managers
  • 16-IX.D. Documentation [24 CFR 5.2007]
    • Conflicting Documentation [24 CFR 5.2007(E)]
    • Discretion to Require no Formal Documentation [24 CFR 5.2007(D)]
    • Failure to Provide Documentation [24 CFR 5.2007(C)]
  • 16-IX.E. Confidentiality [24 CFR 5.2007(B)(4)]

Exhibit 16-1: Sample Notice of Occupancy Rights Under the Violence Against Women Act Form Hud-5380

Exhibit 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation Form Hud-5382

Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (HCV Version)

Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Form Hud-5383

Exhibit 16-5: Model Owner Notification of Rights and Obligations

Chapter 17 - Special Purpose Vouchers

Part I: Special Purpose Vouchers