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HomeMy WebLinkAboutAgenda - 09-15-1998 - 8cORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. SP - C, ACTION AGENDA ITEM ABSTRACT Meeting Date: September 15, 1998 SUBJECT: Section 8 Housing Program Administrative Plan DEPARTMENT: Housing and Community Development PUBLIC HEARING: (Y/N) BUDGET AMENDMENT: (YIN) ATTACHMENT(S): INFORMATION CONTACT: Resolution Tara L. Fikes Executive Summary Administrative Plan (under separate cover) TELEPHONE NUMBERS: - - eat. 2490 Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 227 -2031 PURPOSE: To adopt a resolution approving the Administrative Plan for the Orange County Section 8 Housing Program. BACKGROUND: Every housing agency that administers the Section 8 Certificate and Voucher programs must adopt a written Administrative Plan that establishes local policies for administration of the program in accordance with HUD requirements. Further, HUD regulations require that the plan be approved by the agency's governing board by resolution. There have been several significant statutory and regulatory changes in the program over the past few years, thus the County Plan must be revised to incorporate the latest changes. The major changes are summarized in the attached Executive Summary. Because of the size of the full version of the Administrative Plan, the document will be provided under separate cover. The Section 8 Program provides rental assistance to approximately 575 low income families each year. RECOMMENDATION(S): The Manager recommends adopting a resolution approving the Administrative Plan for the Orange County Section 8 Housing Program. 2 RESOLUTION WHEREAS, the Orange County Existing Certificate and Voucher Program is administered by the Orange County Housing and Community Development Department; and WHEREAS, HUD requires all housing agencies that administer that the Section 8 Certificate and Voucher Programs to adopt a written Administrative Plan that establishes local policies for administration of the program in accordance with HUD requirements; and WHEREAS, the Section 8 Program has undergone many statutory and regulatory changes in recent years which must be incorporated into the local Administrative Plan. THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners approves the Orange County Section 8 Housing Program Administrative Plan dated September 15, 1998. This the 15th day of September 1998. Administrative Plan Orange County Section 8 Housing Certificate and Voucher Programs An Executive Summary Every housing agency that administers the Section 8 Certificate and Voucher programs must adopt a written Administrative Plan that establishes local policies for administration of the program in accordance with HUD requirements. Further, HUD regulations require that the plan be approved by the agency's governing board by resolution. The last Administrative Plan was approved on May 1, 1995. Since that time there have been several statutory and regulatory changes in the program which have been incorporated into this revised version of the Plan. Specifically, HUD requires that all Plans contain the following items. The italicized statements are new statements in the plan. 1. Fair Housing and Equal Opportunity Certification It is the policy of the Housing Authority to comply fully with all Federal, State and Local Non - discrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. (p. 1 -5) 2. Administrative Fee Reserve Expenditures All expenditures from the administrative fee reserve will be approved by the Orange County Board of Commissioners and made in accordance with the approved budget. 3. Procedures for encouraging participation by owners of suitable units outside areas of low income or minority concentration. Families are encouraged to search for housing in non - impacted areas and the HA will provide assistance to families who wish to do so. (p. 8 -5) 4. Definition of Family A family may be a single person or a group of persons. The designation of a co -head is included in the definition of a family as an individual who is equally responsible for the lease with the Head of Household (p. 2 -2, 3) 5. Definition of Continuously Assisted An applicant is continuously assisted under the 1937 Housing Act if the family is already receiving assistance under any 1937 Housing Act Program when the family is admitted to the certificate or voucher program. (p. GL-4) 6. Procedure for Issuing and Denying Certificates and Vouchers No Change 4 7. A description of the HA's procedures for selecting applicants from the waiting list, _including the HA's use of admissions preferences. The Housing Authority uses three types of preferences: federal; ranking; and local. Federal preferences Categories include: - Involuntary Displacement - Substandard Housing (including homeless families) - Greater than 50% Rent Burden Ranking Preferences are used to prioritize applicants within the Federal preferences These preferences are: - Residency Preference - Graduates or Active Participants in Education and Training Programs - Graduates of transitional housing programs Local Preferences are used to prioritize applicants who are not eligible for the Federal preferences. These preferences are: - Residency Preference - Graduates or Active Participants in Education and Training Programs - Graduates of transitional housing programs - Disability Preference (Chapter 4) 7. Procedures for special admissions for assistance targeted by HUD. When HUD awards special funding for certain family types, families who qualify are placed on the regular waiting list. When a specific type of funding becomes available, the waiting list is searched for the first available family meeting the targeted funding criteria (p. 4 -12) 8. Procedures for special admissions for specified categories of waiting list families. Applicants who are admitted under Special Admissions, rather than from the waiting list, are identified by codes in the automated system and are not maintained on separate lists. (P. 4 -2) 8. Procedures for closing and reopening the waiting list. No Change 9. Term of a certificate or voucher. No Change 10. Policy regarding extensions of the term of a certificate or voucher. No Change 11. Policy governing suspension of the term of a voucher or certificate. (Suspension means stopping the clock on the term of a certificate or voucher after the family submits a request for lease approval. No Change 12. Procedures for assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit. The HA provides the family with the HUD discrimination complaint form and directs the family to report suspected discrimination to the local Human Relations Office. (p. 8 -5) 13. Policy and procedures for disapproving an owner. The HA will disapprove the owner for the following reasons: - HUD or other agency directly related has informed the HA that the owner has been disbarred, suspended or subject to a limited denial of participation under 24 CFR part 24. - HUD has informed the HA that the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements and such action is pending. - HUD has informed the HA that a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements - The owner has a conflict of interest as described in HUD regulation 24 CFR 982.161(a), and would therefore be unable to enter into a contract with the HA. - The owner has violated obligations under a housing assistance payments contract under Section 8 of the 1937 Act (42 U.S. C. 143 7,1. - The owner has committed fraud bribery or any other corrupt act in connection with any federal housing program. - The owner has engaged in &wg trafficking. - 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 renting units that fail to meet State or local housing codes - The owner has not paid State or local real estate taxes, fines or assessments. (P. 9-8) M 14. A description of the specific information about a family that the HA will provide to prospective landlords. In accordance with HUD requirements, the HA will furnish prospective owners with the family's current address as shown in the HA 's records and, if known to the HA, the name and address of the landlord at the family's current and prior address. The HA will make an exception to this requirement if the family's whereabouts must be protected due to domestic abuse or witness protection. The HA will inform owners that it is the responsibility of the landlord to determine the suitability of prospective tenants. Owners will be encouraged to screen applicants for rent payment history, eviction history, damage to units, and other factors related to the family's suitability as a tenant. A statement of the HA 's policy on release of information to prospective landlords will be included in the briefing packet which is provided to the family. (p. 9 -7) 14. Policy on family absence from the dwelling unit. No Change 15. Policy on awarding assistance in the case of a family break-up. No Change 16. Subsidy standards No Change 17. Policies and procedures for payments of amounts owed by a family to the HA. No Change 18. Informal review procedures for applicants. No Change 19. Informal hearing procedures for participants. No Change 20. Procedures for establishing and revising Voucher payment standards and affordability adjustments. No Change 21. The HA's policies and procedures regarding special housing types (e.g. shared housing). The Administrative Plan permits the use of single room occupancy housing in its program only if the applicant/participant can demonstrate that it is needed as a reasonable accommodation. (Chapter 20) VA 22. Policy regarding admissions preferences. No Change _- 23. Minimum Rent policy. No Change 24. One -Strike policy. Program ineligibility for drug related activity; Screening out illegal drug users and alcohol abusers; and Terminating assistance for illegal drug users and alcohol abusers. (Chapter IS) Additionally, this revised Administrative Plan incorporates ➢ The new Section 8 Management Assessment Program (SEMAP). This program is designed to measure the efficiency of local Section 8 Programs and is expected to be approved in its final format by the end of the calendar year. ➢ Over the Fair Market Tenancy Option Program which allows tenants to lease property at a rate in excess of the Fair Market Rent if the family can afford the increase in their share of the rent.