Montana Department of Commerce Section 8 Programs Administrative Plan - Effective Date 07/01/2018 - Montana Housing
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Montana Department of Commerce
Section 8 Programs
Administrative Plan
Effective Date – 07/01/2018TABLE OF CONTENTS
Pages
TABLE OF CONTENTS 2-4
ORGANIZATION AND STRUCTURE OF PHA……………………………………. 5
HCV Partnerships……………………………………………………………. 5-7
PHA Administrative Plan…………………………………………………… 7
Updating and Revising the Plan…………………………………………… 7
Reasonable Accommodations…………………………………………….. 7-8
Calendar Days………………………………………………………………… 8
CHAPTER 1 - APPLICATIONS, WAITING LIST AND TENANT SELECTION
Application Process…………………………………………………………. 9
Placement on the Waiting List…………………………………………….. 9
Verification of Preference Status…………………………………………. 9
Managing the Waiting List…………………………………………………. 9-10
Opening and Closing the Waiting List…………………………………… 10
Reporting Changes in Family Circumstances………………………….. 10
Updating the Waiting List…………………………………………………… 10-11
Selection for HCV Assistance……………………………………………… 11
CHAPTER 2 – VOUCHER ISSUANCE
Voucher Term…………………………………………………………………. 11-12
Extensions of Voucher Term……………………………………………….. 12
Suspensions of Voucher Term…………………………………………….. 12
Expiration of Voucher Term………………………………………………… 12-13
MDOC VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) ACTION PLAN
Initial Term of the HCV………………………………………………. 13
Initial Lease Term…………………………………………………….. 13
CHAPTER 3 – FAMILY AND HOUSEHOLD
Family and Household……………………………………………………….. 13
Marriage………………………………………………………………………… 13-14
Separation or Divorce………………………………………………………… 14
Emancipation………………………………………………………………….. 14
Continuously Assisted………………………………………………………. 14
CHAPTER 4
Assets…………………………………………………………………………… 14
Passbook Savings Rate……………………………………………………… 14
Medical Allowances…………………………………………………………… 15
CHAPTER 5
Applicants - Denial of Assistance………………………………………….. 15
Participants – Termination of Assistance and Tenancy……………….. 16-17
CHAPTER 6
Owner Participation………………………………………………………….. 17
CHAPTER 7
Family Claiming Illegal Discrimination…………………………………… 17
CHAPTER 8
Providing Tenant Information to Owners………………………………… 17
2
MDOC Section 8 HCV Admin Manual Effective 7/1/2018CHAPTER 9
Disapproval of Owners in the HCV Program…………………………… 17-18
CHAPTER 10
Subsidy Standards………………………………………………………….. 18-19
CHAPTER 11
Absent Family………………………………………………………………… 19
CHAPTER 12 - FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY
Family Break-Up……………………………………………………………… 19
Joint Custody of Dependents……………………………………………… 20
Caretakers for a Child……………………………………………………….. 20
CHAPTER 13 – INFORMAL REVIEWS FOR APPLICANTS
Informal Review Procedures……………………………………………….. 20-21
Notice of Eligibility or Denial……………………………………………….. 21-22
Criteria for Deciding to Deny Assistance………………………………… 22
Consideration of Circumstances…………………………………………... 22-23
CHAPTER 14 – INFORMATION HEARINGS FOR PARTICIPANTS
Informal Hearing Procedures………………………………………………. 23
Pre-Hearing Right to Discovery……………………………………………. 24
Attendance at the Informal Hearing………………………………………. 24
Conduct at Hearings…………………………………………………………. 24-25
Structure of the Hearing…………………………………………………….. 24-25
Evidence……………………………………………………………………….. 25
Hearing Officer’s Decision………………………………………………….. 25-26
Procedures for ReHearing or Further Hearing………………………….. 27
PHA Notice of Final Decision………………………………………………. 27
CHAPTER 15
Payment Standards…………………………………………………………… 27-28
Unit by Unit Exceptions……………………………………………………… 28
CHAPTER 16 – RENT REASONABLENESS
Methodology…………………………………………………………………… 28-29
CHAPTER 17 – SPECIAL HOUSING TYPES
Allowable Housing Types…………………………………………………… 29-30
Disallowed Special Housing Types………………………………………… 30
Homeownership……………………………………………………………….. 30
Selection of Families………………………………………………….. 31
Additional PHA Requirements for Search and Purchase………. 31
Homeownership Counseling………………………………………… 31
Financing………………………………………………………………… 31
Continued Assistance Requirements………………………………. 31-32
Homeownership Assistance Payments and
Homeownership Expenses…………………………………… 32
Moving with Continued Assistance………………………………… 32
Denial or Termination of Assistance……………………………….. 32
3
MDOC Section 8 HCV Admin Manual Effective 7/1/2018CHAPTER 18
Family Debts and Repayment of Family Debts to MDOC……………… 32-33
Repayment Policy
Owner Debts and Repayments of Debts to MDOC …………..... 33-34
Due Dates………………………………………………………………………. 34
Late or Missed Payments……………………………………………………. 34
CHAPTER 19 – INTERIM REEXAMINATION
Increases in Income………………………………………………………….. 34-35
Decreases in Income…………………………………………………………. 35
Effective Dates………………………………………………………………… 35
CHAPTER 20 – MOVING WITH CONTINUED ASSISTANCE AND
PORTABILITY………………………………………………………………….. 35-36
CHAPTER 21 – ADMINISTRATIVE FEE RESERVE……………………………… 36
CHAPTER 22 – HOUSING QUALITY STANDARDS……………………………… 36
CHAPTER 23 – SCREENING OF APPLICANTS………………………………….. 36
CHAPTER 24 – MINIMUM RENT AND FINANCIAL HARDSHIP EXEMPTION… 37
CHAPTER 25 – UTILITY REIMBURSEMENT………………………………………. 37
CHAPTER 26 – FSS
Selection of FSS Families……………………………………………………. 37
Incentives to Encourage Participation…………………………………….. 37-38
Outreach Efforts……………………………………………………………….. 38
Activities and Support Services……………………………………………. 38
Method for Identification of Family Supported Services………………. 38-39
Program Termination; Withholding of Services; and Available
Grievance Procedures……………………………………………….. 39
Assurances of Non-Interference with Rights of Non-Participating
Families…………………………………………………………………. 39
Certification of Coordination……………………………………………….. 39
FSS Account…………………………………………………………………… 40
Individual Training and Services Plans…………………………………… 40
Informal Hearings ……………………………………………………………. 40
CHAPTER 27 – MDOC PROJECT-BASED VASH (PBV)
Introduction……………………………………………………………………. 40-41
PBV Site Selection……………………………………………………………. 41-42
25 Percent Cap On Number Of PBV Units Per Building……………….. 42
PBV Wait List………………………………………………………………….. 42
Owner Selection (Screening) of Tenants…………………………………. 42
Wrong-Size Or Accessible Units…………………………………………… 42
Vacancy Claims……………………………………………………………….. 42
Annual Plan Amendment Certification……………………………………. 42
Projected PBV Units………………………………………………………….. 43
CHAPTER 28 – MDOC PROJECT-BASED HOUSING CHOICE VOUCHERS …..43-45
CHAPTER 29 – MDOC VAWA EMERGENCY TRANSFER PLAN……………… 45
4
MDOC Section 8 HCV Admin Manual Effective 7/1/2018ORGANIZATION AND STRUCTURE OF MDOC
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by
the federal government and administered by the Montana Department of Commerce for the
jurisdiction of the State of Montana.
The Housing Assistance Bureau, Housing Division, Montana Department of Commerce
(MDOC) is the Montana State Public Housing Agency (PHA), administering the HUD Section 8
Housing Assistance Program (Moderate Rehabilitation, and tenant based Housing Choice
Vouchers Program) to provide affordable, and safe sanitary housing to low income families
residing in Montana.
THE HCV PARTNERSHIPS
To administer the HCV program, MDOC enters into a contractual relationship with HUD.
(Consolidated Annual Contributions Contract). MDOC 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, MDOC the
contracted field agencies, 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.
MDOC requires contracted field agencies to operate the Section 8 Program in accordance with
their MDOC contract, HUD regulations (CFRs and Federal Registers), HUD Notices, HUD
Memos, this MDOC Administrative Plan, MDOC Policy Memos, and guidance provided by
MDOC program personnel. MDOC provides local field agents with copies of relevant CFRs
and Federal Registers, HUD Notices and HUD Memos per request and also available at the
MDOC website at http://housing.mt.gov. As changes are made to this Administrative Plan,
they are distributed to field agents to replace outdated sections. When MDOC adopts or
changes minor policies not included in the Administrative Plan, the policies will be distributed
to field agents in memo format or by e-mail.
a. Action for Eastern Montana serves sub-state planning districts 1, 2, and 3, including
Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Phillips, Powder River, Prairie,
Richland, Roosevelt, Rosebud, Sheridan, Treasure, Valley, and Wibaux counties.
2030 North Merrill Avenue
P.O. Box 1309
Glendive, MT 59330
Phone (800) 227-0703 or (406) 377-3564
Fax (406) 377-3570
b. District 4 HRDC serves sub-state planning district 4, including Blaine, Hill, and Liberty
counties.
2229 5th Avenue
Havre, MT 59501
Phone (800) 640-6743 or (406) 265-6743
Fax (406) 265-1312
5
MDOC Section 8 HCV Admin Manual Effective 7/1/2018c. Opportunities Inc. serves sub-state planning district 5, including Cascade, Chouteau,
Glacier, Pondera, Teton, and Toole counties.
905 1st Ave. N.
P.O. Box 2289
Great Falls, MT 59403
Phone (800) 927-2270 or (406) 761-0310
Fax (406) 761-0363
d. District 6 HRDC serves sub-state planning district 6, including Fergus, Golden Valley,
Judith Basin, Musselshell, Petroleum, and Wheatland counties.
300 First Avenue North, Suite 203
Centennial Plaza
Lewistown, MT 59457
Phone (800) 766-3018 or (406) 535-7488
Fax (406) 535-2843.
e. District 7 HRDC serves sub-state planning district 7, (except for that portion of the district
lying within 10 miles of the City of Billings), including Big Horn, Carbon, Stillwater, Sweet
Grass, and Yellowstone counties.
7 N. 31st St
P.O. Box 2016
Billings, MT 59103
Phone (800) 443-1411 or (406) 247-4710
Fax (406) 248-2943.
f. District 9 HRDC Serves sub-state planning district 9, including Gallatin, Meagher, and
Park counties.
32 South Tracy Avenue
Bozeman, MT 59715
Phone (800) 332-2796 or (406) 587-4486
Fax (406) 585-3538.
g. Community Action Partnership of Northwestern Montana serves sub-state planning
district 10, including Flathead, Lake, Lincoln, and Sanders counties.
214 Main Street
P.O. Box 8300
Kalispell, MT 59904
Phone (800) 344-5979 or (406) 758-5477
Fax (406) 752-6582 or (406) 257-7283.
h. District 11 HRDC Serves sub-state planning district 11, including Mineral, Missoula, and
Ravalli counties.
1801 South Higgins
Missoula, MT 59801
Phone (406) 728-3710
Fax (406) 728-7680.
6
MDOC Section 8 HCV Admin Manual Effective 7/1/2018i. Action, Inc. serves sub-state planning district 12, including Beaverhead, Deer Lodge,
Granite, Madison, Powell, and Silver Bow counties.
25 W. Silver St.
P.O. Box 3486
Butte, MT 59701
Phone (406) 533-6855
Fax (406) 533-6885
j. Helena Housing Authority serves sub-state planning district 8, including Broadwater,
Jefferson, and Lewis & Clark counties.
812 Abbey
Helena, MT, 59601
Phone (800) 378-7981 or (406) 442-7970 or (406) 442-7981
Fax (406) 442-0574
k. Housing Authority of Billings serves the area within 10 miles of the city limits of Billings,
Montana.
2415 First Ave. North
Billings, MT 59101
Phone (406) 245-6391
Fax (406) 245-0387
PHA Administrative Plan
HUD requires that PHAs adopt a written administrative plan that establishes local policies for
program administration. The plan must conform with HUD regulations and state MDOC ’s
policy in those areas where MDOC has discretion to establish local policy. The plan is a formal
document which communicates to all interested parties the policy choices the local agency has
made where federal regulations or law does not direct MDOC ’s actions or decisions. MDOC is
responsible to ensure that the plan is kept up to date and that staff operate under the policies
spelled out in the plan.
UPDATING AND REVISING THE PLAN
MDOC will review this administrative plan at least once a year and update as necessary to
comply with changes in HUD regulations. Any changes to the MDOC administrative plan must
be approved by the Housing Division Administrator prior to implementation.
REASONABLE ACCOMMODATIONS -
https://www.hud.gov/program_offices/fair_housing_equal_opp/ReasonableAccommodations15
and https://www.hud.gov/sites/dfiles/FHEO/documents/huddojstatement.pdf
MDOC will make reasonable accommodations in rules, policies, practices, or services when
such accommodations are necessary to afford a person with a disability the equal opportunity
to use and enjoy a dwelling.
A reasonable accommodation is necessary when there is an identifiable relationship, or nexus,
between the requested accommodation and the individual’s disability.
7
MDOC Section 8 HCV Admin Manual Effective 7/1/2018An applicant or participant is not entitled to receive a reasonable accommodation unless
he/she requests one. A person with a disability need not personally make the reasonable
accommodation request; the request can be made by a family member or someone else who
is acting on his/her behalf. The requester need not mention the Fair Housing Act or use the
words “reasonable accommodation”. However, the requester must make the request in a
manner that a reasonable person would understand to be a request for an exception, change,
or adjustment to a rule, policy, practice or service because of a disability.
The reasonable accommodation request can be made orally or in writing, however it is helpful
for both the applicant/participant and MDOC if the request is made in writing. This will help
prevent misunderstandings regarding what is being requested or whether the request was
made. MDOC utilizes a reasonable accommodation form as allowed by HUD for aiding the
individual and MDOC in assessing the requests so that there are no misunderstandings as to
the nature of the request and, in the event of later disputes, provide records to show that the
requests received proper consideration. MDOC will give appropriate consideration to oral
reasonable accommodation requests.
MDOC may review a participant’s approved reasonable accommodation annually to determine
if the request is still valid.
CALENDAR DAYS
All references to “days” contained in the administrative plan mean calendar days.
8
MDOC Section 8 HCV Admin Manual Effective 7/1/2018Chapter 1
APPLICATIONS, WAITING LIST AND TENANT SELECTION – 24 CFR 982.202
THE APPLICATION PROCESS
MDOC PHA Policy
To be placed on the waiting list, an interested family must complete and submit an application
form either electronically or by mail. Information on how to apply can be found at MDOC’s
website located at: http://housing.mt.gov/S8Apply
The applicant must specify the jurisdiction (agency) he/she wishes to apply to at the time the
application is submitted to MDOC. Applicants are not required to select the jurisdiction they
reside in. The applicant will be required to conduct all transactions (i.e. briefing; interviews,
paperwork etc.) with the agency listed on their wait list application. The jurisdiction can only
be changed in writing prior to being contacted by the contracted field agency for briefing.
PLACEMENT ON THE WAITING LIST
MDOC PHA Policy
MDOC will send written notification of receiving a complete application. Applicants will
also be provided the form HUD-92006, Supplement to Application for Federally Assisted
Housing, to complete and submit back to MDOC.
Placement on the waiting list does not indicate that the family is eligible for assistance.
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 for which they qualify, according to the date
and time their complete application is received by MDOC.
VERIFICATION OF PREFERENCE STATUS
MDOC PHA Policy
MDOC does not utilize preferences, only time and date of application.
MANAGING THE WAITING LIST
MDOC PHA Policy
A separate waiting list for all eligible families wishing to participate in the Section 8
program will be maintained by sub-allocation area in the state (Local Contract Field
Agent area). No applicant will appear on the overall list for more than one sub-
allocation area. All qualifying applications will be processed in the order received, and
listed in order of date of receipt, and time of computer entry.
Mod Rehab units are project based with specific unit sizes at specific locations in the
state. Applicants will not be penalized for refusing a Mod Rehab unit if they desire to wait
for a Voucher subsidy. Families will be removed from the list only if they refuse both forms
of assistance.
9
MDOC Section 8 HCV Admin Manual Effective 7/1/2018Mod Rehab participant families are not participants in the Vouchers program. Mod Rehab
families must be chosen from the wait list the same as any other family to be issued a
Voucher. For a Mod Rehab participant family to be assisted in the Voucher program, all
of the following conditions must be met:
a. The family’s application date must place the family at the top of the wait list;
b. The family has satisfied the initial one year term of their Mod Rehab lease or the
term of the HAP contract, whichever is shorter;
c. The family must request, in writing, transfer to the Voucher Program;
d. The family must give the landlord a proper 30 day notice, or be released from the
lease; and
e. The family must not have adverse program actions pending against them and must
not owe any money to any PHA including MDOC.
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.
OPENING AND CLOSING THE WAITING LIST - 24 CFR 982.206
MDOC PHA Policy
If MDOC has closed the waiting list pursuant to federal regulatory requirements, MDOC
will announce the reopening of the waiting list at least 10 business days prior to the date
applications will first be accepted. If the list is only being reopened for certain categories
of families, this information will be contained in the notice.
If MDOC determines that the existing waiting list contains an adequate pool for use of
available program funding, MDOC may stop accepting new applications. MDOC will
give public notice by publishing the relevant information in suitable media.
REPORTING CHANGES IN FAMILY CIRCUMSTANCES
MDOC PHA Policy
While the family is on the waiting list, the family must make any applicable changes to
update current residence or mailing address, contact information, phone number, etc.
either through allowable electronic or writing methods. Any changes must be reported
or made within 30 calendar days of the change.
If the family does not report a change which causes the local contracted agent to be
unable to reach them by their preferred contact method first (i.e., mail, electronically)
within one documented contact attempt, the local contracted agent will request that
MDOC remove the family from the wait list through the disposition process. MDOC will
determine final eligibility in these cases.
UPDATING THE WAITING LIST - 24 CFR 982.204
MDOC PHA Policy
At least once a year (annually), MDOC will attempt to contact wait list applicants by
whatever means is available to reach them including but not limited to electronic, phone,
10
MDOC Section 8 HCV Admin Manual Effective 7/1/2018or mail to confirm family information including address, dependents and eligibility
information and to determine if the family is still interested in or continues to qualify for
the housing choice voucher or mod rehab programs.
The family must respond to request made by MDOC or a contracted field agency by the
deadline specified. Failure to respond within the specified deadline will result in the
applicant’s name being removed from the waiting list.
If the family contacts MDOC within 60 days after being removed from the waitlist, the
family may be reinstated to their former position on the wait list if MDOC determines that
the family’s failure to respond was due to MDOC or contracted field agency error, or to
circumstances beyond the family’s control.
SELECTION FOR HCV ASSISTANCE
Order of Selection
MDOC PHA Policy
Families will be selected from the waiting list on a first-come, first-served basis
according to the date and time their complete application was received by MDOC.
Families that qualify for targeted funding may be selected from the waiting list ahead of
families that are higher on the waiting list and don’t qualify for the targeted funding.
Those applicants will be selected on a first-come, first-served basis according to the
date and time their complete application is received.
MDOC will fully document which families qualify for and are interested in targeted
funding and which families don’t qualify or aren’t interested in targeted funding.
MDOC PHA Policy
The contracted field agency will notify the applicant when they have reached the top of the
wait list and are eligible for possible selection from the wait list. The notice will inform the
family of the following:
Date, time, and location of the scheduled application interview, including any
procedures for rescheduling the interview
Who is required to attend the interview
All documents that must be provided at the interview, including information about
what constitutes acceptable documentation
Chapter 2
VOUCHER ISSUANCE
Voucher Term - 24 CFR 982.303
MDOC PHA Policy
The initial voucher term will be 60 calendar days.
The family must submit a Request for Tenancy Approval and proposed lease within the
60-day period unless MDOC grants an extension.
11
MDOC Section 8 HCV Admin Manual Effective 7/1/2018The initial voucher term for VASH applicants will be 120 days.
Extensions of Voucher Term - 24 CFR 982.303(b)
MDOC PHA Policy
Voucher holders are required to provide the local field agent with a request for lease
approval or request an extension of the voucher term in writing, prior to expiration of the
initial voucher term. If approved, extensions will be granted for 30 days at a time.
MDOC will notify the family of the term of the extension.
MDOC will approve additional extensions only in the following circumstances:
It is necessary as a reasonable accommodation for a person with disabilities.
It is necessary due to reasons beyond the family’s control, as determined by
MDOC. Following is a list of extenuating circumstances that MDOC may consider
in making its decision. The presence of these circumstances does not guarantee
that an extension will be granted:
o Serious illness or death in the family
o Whether the family has already submitted requests for tenancy approval
that were not approved by MDOC
o Landlord decides against participation in the program
o Whether family size or other special circumstances, such as the limited
availability or rentals in the locale, make it difficult to find a suitable unit
o Any request for an additional extension must include the reason(s) an
additional extension is necessary. The contracted field agency and/or
MDOC may require the family to provide documentation to support the
request in writing.
Suspensions of Voucher Term - 24 CFR 982.303(c)
MDOC PHA Policy
When a Request for Tenancy Approval (RTA) and proposed lease is received by the
contracted field agency, the term of the voucher, including any extended term, will be
suspended from the date the contracted field agency receives a Request for Tenancy
Approval until the date MDOC notifies the family in writing whether the request is
approved or denied. For example, a family has been issued a voucher that starts on
March 1, 2018 and expires April 29, 2018 (60 days). They submit a RTA on March 25th.
The RTA is not approved on March 28th. The voucher will be extended by 3 days
(March 28 minus March 25 = 3 days). Add 3 days to April 29. The voucher will now
expire on May 2, 2018.
The voucher term will not be suspended if the RTA is incomplete or inaccurate.
Expiration of Voucher Term
MDOC PHA Policy
If an applicant family’s voucher term or extension expires before the family has
submitted a complete and accurate Request for Tenancy Approval (RTA), MDOC will
require the family to reapply for assistance.
12
MDOC Section 8 HCV Admin Manual Effective 7/1/2018After the expiration of the voucher term or any extension, MDOC 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.
MDOC VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) ACTION PLAN
Initial Term of the HCV
MDOC PHA Policy
Recognizing the challenges that HUD-VASH participants may face with their housing search,
HUD-VASH vouchers must have an initial search term of at least 120 days. Any extensions,
suspensions, and progress reports will remain under the policies in MDOC ’s administrative
plan but will apply after the minimum 120-day initial search term.
Initial Lease Term
MDOC PHA Policy
To provide a greater range of housing opportunities for HUD-VASH voucher holders, initial
leases may be less than12 months.
Chapter 3
FAMILY AND HOUSEHOLD - 24 CFR 982.201(c)
MDOC PHA Policy
A family is a single person, a group of persons residing together, or 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.
Each family must identify the individuals to be included in the family at the time of
application. Once a family reaches the top of the waiting list to receive a housing choice
voucher, the family will update its composition with any pertinent changes that have
occurred since application was made or since last change submitted. Once the family
becomes a participant in the housing choice voucher program, the family must notify
MDOC of any changes in the family’s composition within 30 calendar days.
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
MDOC PHA Policy
Certification by the head of household is generally sufficient verification; however,
MDOC may require additional forms of verification on a case by case basis.
In the case of a common law marriage, the couple must demonstrate that they hold
themselves to be married, which can be evidenced by, but not limited to, telling the
13
MDOC Section 8 HCV Admin Manual Effective 7/1/2018community they are married, calling each other husband and wife, using the same last
name, and/or filing joint income tax returns.
Separation or Divorce
MDOC PHA Policy
Certification by the head of household is generally sufficient verification; however,
MDOC may require additional forms of verification on a case by case basis.
Emancipation
MDOC PHA Policy
Pursuant to HUD regulations at 24 CFR 982.308(a) which stipulate a tenant
must have legal capacity to enter a lease under state law, MDOC requires that a minor
be emancipated and granted the right to legally contract for housing before they can be
offered housing under Mod Rehab or HCV Programs.
CONTINUOUSLY ASSISTED
MDOC PHA Policy
MDOC 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 MDOC.
Continuously assisted families include:
A low-income family that qualifies for voucher assistance as a non-purchasing
household living in HOPE 1 (public housing homeownership), HOPE 2
(multifamily housing homeownership) developments, or other HUD-assisted
multifamily homeownership programs covered by 24 CFR 248.173.
A low-income or moderate-income family that is displaced as a result of the
prepayment of a mortgage or voluntary termination of a mortgage insurance
contract on eligible low-income housing as defined in 24 CFR 248.101.
Chapter 4
ASSETS
MDOC PHA Policy
MDOC will obtain third-party verification of all family assets upon admitting a family and
then at least every three years thereafter. During the intervening annual reexaminations
or interim reexaminations, a family may self-declare assets under $5,000 without MDOC
having to take additional steps to verify the declaration.
PASSBOOK SAVINGS RATE
MDOC PHA Policy
MDOC will establish its own passbook savings rate and review it annually to determine
if it is within the safe harbor range (75 basis points, plus or minus, of the Savings
National Rate). The rate will be effective July 1st each year.
14
MDOC Section 8 HCV Admin Manual Effective 7/1/2018MEDICAL ALLOWANCES – 24 CFR 5.603(b)
MDOC PHA Policy
MDOC will use IRS Publication 502, Medical and Dental Expenses, for determining
allowable medical expenses.
MDOC will also allow, as medical expenses, the costs for food, grooming and veterinary
care of assistance animals.
Chapter 5
APPLICANTS
DENIAL OF ASSISTANCE - 24 CFR 982.552 and 24 CFR 982.553
MDOC PHA Policy
If any household member is currently engaged in or has engaged in any of the following
criminal activities, within the past three years, the family may be denied assistance.
Eligibility will be determined by MDOC on a case by case basis.
Drug-related criminal activity, defined as the illegal manufacture, sale,
distribution, or use of a drug, or the possession of a drug with intent to
manufacture, sell, distribute or use the drug.
Violent criminal activity, defined 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.
Any household member appearing on the violent offender registry may be denied
assistance.
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.
Any 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.
Any criminal activity that may threaten the health or safety of the property
owner(s), property management staff, or persons performing contract
administration functions or other responsibilities on behalf of MDOC (including a
PHA employee or a PHA contractor, subcontractor, or agent).
MDOC will prohibit admission to the program if:
Any member of the household is subject to a lifetime registration requirement
under a State sex offender registration program.
Any household member has ever been convicted of drug-related criminal activity
for manufacture or production of methamphetamine on the premises of federally
assisted housing.
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MDOC Section 8 HCV Admin Manual Effective 7/1/2018PARTICIPANTS
TERMINATION OF ASSISTANCE AND TENANCY - 24 CFR 982.552 and 24 CFR 982.553
MDOC PHA Policy
MDOC will terminate a family’s assistance if any member of the family has ever been
convicted of drug-related criminal activity for the manufacture or production of
methamphetamines on the premises of the federal assisted housing. MDOC may
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. Currently
engaged in is defined as any use of illegal drugs during the previous six months.
MDOC may 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.
MDOC may 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.
MDOC may terminate a family’s assistance if:
The family has failed to comply with any family obligations under the program.
Any family member has been evicted from federally-assisted housing in the last
three years for drug-related criminal activity.
Any family member has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program.
The family has not reimbursed any PHA for amounts the PHA paid to an owner
under a HAP contract for rent, damages to the unit, or other amounts owed by
the family under the lease.
The family has breached the terms of a repayment agreement entered into with
MDOC.
A participant appears on the violent offenders’ registry.
A family member has engaged in or threatened violent or abusive behavior
toward PHA personnel.
Abusive or violent behavior toward contracted field agency and/or MDOC
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.
MDOC will consider all credible evidence, including but not limited to, any record of
arrests, convictions, or eviction of household members related to the use of illegal drugs
or abuse of alcohol.
MDOC will consider all credible evidence, including but not limited to, any record of
arrests and/or convictions of household members related to drug-related or violent
criminal activity, and any eviction or notice to evict based on drug-related or violent
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MDOC Section 8 HCV Admin Manual Effective 7/1/2018criminal activity. In making its decision to terminate assistance, MDOC may consider
alternatives and other factors such as whether the culpable family member no longer
resides in the unit and will not be permitted to visit or to stay as a guest in the assisted
unit. Upon consideration of such alternatives and factors, MDOC may, on a case-by-
case basis, choose not to terminate assistance.
MDOC will not terminate assistance based solely upon a household member’s arrest
record.
Chapter 6
Owner Participation
MDOC PHA Policy
MDOC encourages owners of suitable units throughout the state to participate in the
housing choice voucher program including areas that are outside any designated low
income or minority concentrated areas. Printed program information is available in each
field agency throughout the state for distribution to owners of rental properties. In
addition, MDOC also has a page on the Housing Division’s website regarding the
Tenant Based Section 8 Program located at: http://housing.mt.gov/.
Chapter 7
Family Claiming Illegal discrimination – 24 CFR 982.304
MDOC PHA Policy
Families that claim illegal discrimination that has prevented them from leasing a suitable
unit will be given information on fair housing, including but not limited to HUD Form 903,
Fair Housing Complaint form, and local fair housing enforcement agencies.
Chapter 8
Providing Tenant Information to Owners – 24 CFR 982.307(b)(i) and (ii)
MDOC PHA Policy
MDOC and field agents will provide the following information about tenants to
prospective landlords:
Current and prior address of family
Name, address, and phone number of landlords at the family’s current
and prior addresses.
Chapter 9
DISAPPROVAL OF OWNERS IN THE HCV PROGRAM – 24 CFR 982.306
MDOC PHA Policy
MDOC may not approve a request for tenancy if MDOC and/or the contracted field
agency become aware that any of the following are true:
17
MDOC Section 8 HCV Admin Manual Effective 7/1/2018 The owner has violated obligations under a HAP contract under Section 8 of the
1337 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 is subject to a lifetime registration requirement under a State sex
offender registration program;
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, or employees of MDOC or field
agencies, or of owner employees or other persons engaged in management of
the housing; (iii) Threatens the health or safety of, or the right to peaceful
enjoyment of their residences, by persons residing in the immediate vicinity of the
premises; or (iv) Is drug-related criminal activity or violent criminal activity;
The owner has a history or practice of renting units that fail to meet state or local
housing codes; or
The owner has not paid state or local real estate taxes, fines, or assessment.
In considering whether to disapprove owners for any of the discretionary reasons listed
above, MDOC 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, and the health and
safety of participating families.
Upon consideration of such circumstances, on a case-by-case basis, MDOC may
choose to approve an owner.
MDOC also has the right to terminate the Housing Assistance Payment (HAP) contract
with an owner for breach of the contract as stipulated in Part B of the contract, HUD
Form 52641.
Chapter 10
SUBSIDY STANDARDS – 24 CFR 982.402
MDOC PHA Policy
MDOC will assign one bedroom for each two persons within the household. This
subsidy standard will apply to all new program participants, any program participants
that wish to change units, and any program participants that have a change in family
composition that affects the subsidy standards. Efficiency units (zero bedroom) will not
be assigned.
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MDOC Section 8 HCV Admin Manual Effective 7/1/2018MDOC will consider granting an exception per a reasonable accommodation request for
handicap or disability.
Chapter 11
Absent Family – 24 CFR 982.312
MDOC PHA Policy
A family may be absent from a unit for brief periods. If a family is going to be absent for
more than 30 days, the family is required to notify the local field agent in advance of the
absence, in writing, of the duration of time the family will be absent and justification for
the absence. MDOC will determine if the absence is justified and notify the field agent,
who will in turn notify the family that the absence is approved. Absence means that no
member of the family is residing in the unit.
If the family fails to contact the contracted field agency and/or MDOC that they are
going to be absent for more than 30 days, assistance may be terminated for the family.
If the family is absent from the unit for more than 180 consecutive calendar days, the
family’s assistance will automatically be terminated.
A family’s absence from a unit does not excuse family failure to notify MDOC of income
or family composition changes or respond to MDOC or field agent requests for
information on income, family composition changes, or reexamination requests.
Chapter 12
FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY - 24 CFR 982.315
Family Break-up
MDOC PHA Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one
of the new families may retain the original application date. Other former family
members may make a new application with a new application date if the waiting list is
open.
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, MDOC will determine which family retains their placement on the waiting list,
or will continue to receive assistance. In making its determination, MDOC 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 members, (3)
any possible risks to family members as a result of domestic 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 .
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MDOC Section 8 HCV Admin Manual Effective 7/1/2018Joint Custody of Dependents
MDOC PHA Policy
Dependents that are subject to a joint custody arrangement will be considered a
member of the family. Please note that a child cannot be assisted in more than one
household without a waiver from HUD.
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, MDOC will make the determination based on supporting
documents such as court orders.
Caretakers for a Child
MDOC PHA Policy
The approval of a caretaker is at the owner and PHA’s discretion and subject to the
owner and PHA’s screening criteria. If neither a parent nor a designated guardian
remains in a household receiving HCV assistance, MDOC will take the following
actions.
(1) If a responsible agency has determined that another adult is to be brought into the
assisted unit to care for a child for an indefinite period, the designated caretaker will
not be considered a family member until a determination of custody or legal
guardianship is made.
(2) If a caretaker has assumed responsibility for a child without the involvement of a
responsible agency or formal assignment of custody or legal guardianship, the
caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the
caretaker will be considered a family member unless information is provided that
would confirm that the caretaker’s role is temporary. In such cases MDOC will
extend the caretaker’s status as an eligible visitor.
(3) At any time custody or guardianship has been legally awarded to a caretaker, the
housing choice voucher will be transferred to the caretaker.
(4) During any period that a caretaker is considered a visitor, the income of the
caretaker is not counted in annual income and the caretaker does not qualify the
family for any deductions from income.
Chapter 13
INFORMAL REVIEWS FOR APPLICANTS – 24 CFR 982.554
MDOC PHA Policy
MDOC will only offer an informal review to applicants for whom assistance is being
denied. Denial of assistance includes:
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