PUBLIC HOUSING PROGRAM - Huntsville Housing Authority

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PUBLIC HOUSING PROGRAM - Huntsville Housing Authority
PROPOSED REVISIONS TO THE
ADMISSIONS AND CONTINUED OCCUPANCY POLICY
                 FOR THE

      HUNTSVILLE HOUSING AUTHORITY

PUBLIC HOUSING PROGRAM
      Proposed Effective Date: January 1, 2019

                PUBLIC HEARING WILL BE HELD AT:
                      149 MASON COURT
                            4:30PM
                      December 11, 2018

                 THE PUBLIC IS INVITED
Proposed Revisions to Huntsville Housing Authority ACOP –
                                   Effective 01/01/2019
    Section                                        Changes Made in ACOP
Title Page                        Added new effective date
Table of Contents                 Updated as a result of revisions
3-I.C. Family Breakup And         Added Nan-McKay recommended language with protections for
Remaining Member Of Tenant          family members forced to leave public housing unit as result of
Family                              abuse
3-I.M. Live-In Aide               Require request for live-in aide to be made in writing.
                                  Loosened requirement to submit a new written request at each
                                    annual re-examination.
3-II.A. Income Eligibility and    Added Nan-McKay recommended language about HUD publishing
Targeting                           over-income limits annually and updated language regarding use of
                                    income limits.
3-III.C. Other Permitted          Decreased time for denial of admission from five years to three
Reasons for Denial of               years for some behaviors (excluding fraud, misrepresentation, or
Admission – Previous Behavior       threats to HHA personnel)
4-I.B. Applying for Assistance       Revised language to indicate that HHA will have a one-step
                                      application process, instead of a two-step process.
                                     Applicants with incomplete applications will have 10 days to return
                                      the requested information to the intake staff.
4-II.F. Updating the Waiting         Updated property listing to reflect consolidation of scattered
List                                  properties
                                     Included language that LIHTC properties will have their own waiting
                                      list, and intake and admissions will be handled by the property
                                      manager
                                     Decreased the time for applicants to respond to update request
                                      forms from 15 business days to 10 calendar days (EXPLANATION:
                                      This is updated for administrative efficiencies – and to lease units
                                      more quickly)
4-III.B. Selection Method –          Updated the designated housing listing. Included Stoneridge Villas
Units Designated for Elderly or       (coming Spring 2019)
Disabled Families
                                     Updated language to include that applicants may be notified by
4-III.C. Notification of              phone when they are selected from the waiting list (EXPLANATION:
Selection                             This is updated for administrative efficiencies – and to lease units
                                      more quickly)
                                     Added that when a waiting list selection notice is returned to HHA
                                      with no forwarding address, the applicant will be removed from the
                                      waiting list and must wait 6 months before re-applying for public
                                      housing. (EXPLANATION: This is updated for administrative
                                      efficiencies – to encourage applicants to keep HHA informed of
                                      new address, so less time and resources are wasted in sending
                                      notices to invalid addresses.)
                                     Removal of language related to including contact information for
4-III.E. Final Eligibility            legal services in Huntsville area. (EXPLANATION: Applicants are
Determination                         already very familiar with the legal services in Huntsville)
5-I.B. Determining Unit Size         Updated with Nan McKay recommended language reflective of fair
                                      housing best practices.
5-III.B. Number of Offers            Revised to reflect a “two offer” plan, where an applicant will
                                      receive a maximum of two offers (EXPLANATION: This is updated
                                      for administrative efficiencies – and to lease units more quickly)
5-III.D. Refusal of Unit Offers      Revised to indicate that applicants that reject a final unit offer
                                      without good cause will be removed from the waiting list and will
                                      have to wait six months before re-applying (EXPLANATION: This is
                                      updated for administrative efficiencies – to streamline the
                                      waiting list and quicken the leasing process.)
6-III.E. and Chapter 7               Updated applicable HUD PIH notice references

7-I.B. Upfront Income                Removed outdated language about EIV discrepancy reports
Verification (UIV)

7-II.A. Verification of Legal        Updated verification of legal identity for children to require court-
Identity                              issued custody agreement and certified school records
                                     Include Nan McKay recommended language of verification of legal
                                      identity at time of eligibility determination
8-I.B. Overview                      Updated applicable HUD PIH notice reference
ALL CHANGES IN THIS
SECTION ARE HUD-REQUIRED

                                     Revised HHA policy to read: “When HHA proposes to modify or
8-I.D. Modifications To The
                                      revise schedules of special charges or rules and regulations, HHA
Lease
                                      will post a copy of the notice in the central office, on its website, in
                                      the property management offices for each siteand/or mail or
                                      directly deliver a copy of the notice to each resident family. “

8-I.F. Payments Under The            Revised to reflect rent payments are due on the first day of the
Lease                                 month and delinquent if not paid by close of business on the
                                      eighth day of the month; late fee is $25.00.

                                      [EXPLANATION: These changes are for the following reasons:
                                     Payment deadline: Change is to return the late payment date to
                                      the 8th day of the month. It previously was changed to the 15 th, to
                                      allow working families a chance to pay their rent without
                                      incurring the late fee; however, since implementation all
                                      residents have only opted to pay even later in the month or the
                                      following month. It has had a very negative effect on our tenant
                                      account receivables.
                                     Late fee: Change from $35 to $25 – decreased the late fee to assit
                                      residents while still charging a sum which will help defray some of
                                      the administrative costs associated with processing of late
payments (i.e. staff salaries, postage, paper, ink)

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                                   Include Nan McKay recommended language about excess utility
                                    charges.

                                    --------------------------------------------------------------------------------

                                   Include that tenants that are not prepared for bedbug and / or
                                    roach infestation special treatments will be charged no less than
                                    $75 for the aggregate costs of maintenance personnel and the pest
                                    control service technician (EXPLANATION: This is to incentivize
                                    tenants to follow management instructions, so pest issues can be
                                    quickly resolved.)

                                    --------------------------------------------------------------------------------
                                   Update fire loss repayment language to reflect that a resident has a
                                    first instance of fire loss of a unit due to negligence, they will be
                                    required to pay up to $500 toward the cost of damages incurred by
                                    HHA and the remainder will be forgiven. (EXPLANATION: This is to
                                    help HHA recoup some of the costs it will incur as a result of fire,
                                    and also incentivize tenants to be more attentive when it comes
                                    to fire.)

                                   Removal of the fire-prevention community service requirement.
8-II.B. Types of Inspections       Revised to reflect that HHA will provide the former resident with a
                                    statement for damages beyond normal wear and tear within 30
                                    calendar days of conducting the move-out inspections.

8-II.C. Notice and Scheduling      Revised to allow families to give HHA 24 hours’ notice of the need
of Inspections                      to reschedule an inspection.

8-II.D. Inspections Results        Removed requirement for residents that receive a housekeeping
                                    lease violation notice to attend a housekeeping class within 30 days
                                    of the notice. Revised to indicate that a re-inspection will be done
                                    within 7 days of the lease violation notice.
                                   Added HUD required language about minimum heating
                                    requirements, per PIH Notice 2018-19.
Chapter 8                          Added a copy of the HHA Smoke-Free Housing Policy, Lease
                                    Addendum and House Rules Amendment.
9-I.B. Streamlined Annual Re-       Include Nan McKay recommended language regarding the
Examinations                         streamlining options available to PHAS and that HHA will require
                                     third-party verification of non-fixed income will be obtained
                                     annually regardless of the percentage of family income received
                                     from fixed sources.
9-III.C. Changes Affecting
                                    Revised to reflect that if an increase in income is verified to be less
Income or Expenses
                                     than $150 per month, an interim will not be processed and if a
                                     decrease will be temporary, less than 30 days, the interim will not
                                     be processed. (EXPLANATION: This is revised for administrative
9-III.D. Changes Affecting           efficiencies)
Income or Expenses
                                    Revised to reflect that families must notify HHA of changes in
                                     writing using the Report of Change form.
                                    Revised to reflect that a change in income results in a decrease of
                                     rent, changes reported on or before the 20th of the month will
                                     result in the rent going down the first day of next the month.
                                     Income changes reported after the 20th day of the month will be
                                     processed the following month. (EXPLANATION: This is revised for
                                     administrative efficiencies and to allow HHA staff time to
                                     thoroughly verify the information provided by the family)

10-I.B. Approval of Assistance      Include Nan-McKay recommended language reflecting HUD FHEO
Animals                              guidance related to assistance animals

10-II.C. Standards for Pets         Include Nan-McKay recommended language reflecting HUD
                                     guidance that PHAs cannot require pet owners to obtain or carry
                                     liability insurance, nor can they required that cats be declawed.
                                     related to assistance animals

12-V.B. Transfer List               Revised to reflect that HHA will maintain site-based transfer lists

13-III.A. Termination by HHA –      Revised to reflect latest HUD guidance on termination of over-
Other Authorized Reasons –           income families – resulting from HOTMA legislation
Overview

13-III.C. Other Authorized          Include Nan McKay recommended policy language about tracking
Reason for Termination               of over-income families over two years from the time they become
                                     over-income, and the rent that will be charged if the family stays
                                     over-income for two or more years. HHA will not evict or terminate
                                     the tenancies of families whose income exceeds the income limit
                                     for program eligibility as described at 24 CFR 960.261

13-III.F. Terminations Related      Include HUD PIH Notice 2017-08 language that VAWA perpetrators
to Domestic Violence, Dating         are not to be given more than 30 days’ notice of termination in
Violence, or Stalking                most cases.
14-III.C. Applicability (of
                                    Revised to reflect that grievance procedures to do not apply if an
Grievance Procedures)
                                     eviction occurs because of any criminal activity that resulted in felony
                                     conviction of a household member
14-III.E. Procedures to Obtain      Revised to reflect that HHA may choose to establish expedited
a Hearing                            grievance procedures to evictions that occur because of any criminal
                                     activity that resulted in felony conviction of a household member (HHA
                                     has not opted to provide expedite grievance procedures in any
                                     situation)

15-I.A. Preventing Errors and
                                    Updated applicable HUD PIH notice references
Program Abuse

Chapter 16
                                    Updated applicable HUD PIH notice references
                                    Replaced “Environmental Intervention” Blood Lead Level with
                                     “Elevated” Blood Lead Level

16-II.B. Flat Rents                 Updated applicable HUD PIH notice references
                                    Included Nan McKay recommended language regarding flat rent
                                     implementation and requests to HUD for exception flat rents

16-III.B. Repayment Policy          Include language reflecting that HHA will only enter into a repayment
                                     agreement once with a family. If a second instance of repayment is
                                     required, the family will be required to pay all monies owed within 30
                                     days of receiving notice from HHA, or eviction action will be taken.
                                    Included Nan McKay recommended policy language that before
                                     executing a repayment agreement with a family, HHA will generally
                                     require a down payment of 10 percent of the total amount owed. If the
                                     family can provide evidence satisfactory to the PHA that a down
                                     payment of 10 percent would impose an undue hardship, the PHA may,
                                     in its sole discretion, require a lesser percentage or waive the
                                     requirement.
                                    Revised that payments made under the retroactive rent repayment
                                     agreement are due by close of business on the 8th day of the month.
                                    Updated with Nan McKay recommended language of conditions where
                                     HHA will not enter into a repayment agreement with a family
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