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HomeMy WebLinkAboutAgenda - 05-01-2001-7a ~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1, 2001 Action Agenda Item No. ~~ SUBJECT: Annual Public Housin A enc PHA Plan -Section 8 Housin Pro ram DEPARTMENT: Housing/Comm. Development PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes, ext 2490 Annual PHA Plan (under separate cover) Certifications of Compliance/Board TELEPHONE N Resolution Hillsborough Chapel HIII Durham. Mebane UMBERS: 732-$181 968-4501 688-7331 336-227-2031 PURPOSE: To conduct a public hearing and approve submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority. BACKGROUND: The U.S. Department of Housing and Urban Development Department (HUD) requires all agencies operating the Section 8 Existing Housing Assistance Program to prepare a Five (5) Year Public Housing Agency (PHA) Plan and an Annual Plan. The County's Department of Housing and Community Development administers the Section 8 Program that provides rent subsidies to low income families in the County. The Section 8 Housing Program serves approximately 623 families throughout the County including the towns of Carrboro, Chapel Hill and Hillsborough. Approximately one-third of the families on the waiting list are elderly and/or disabled households. The program has a waiting list of at least 500 families at any given time during the year. Challenges faced by current participants include the inability to locate affordable rental housing and the lack of supply of rental housing. The continuing challenge in administering this program is the need to encourage private landlord participation. To date, this calendar year has shown some improvement in this area with27 new properties having been added into the program. Also, this year, it is planned to launch a small pilot Section 8 Homeownership Program during the 2001- 2002 Program year. This will allow Section 8 payments to be used to subsidize mortgage payments instead of rent payments, thereby creating and supporting new homeowners. HUD is currently providing training for this program, thus the program details are under development. The PHA Plan is a 5-year plan that describes the mission of the Agency and the Agency's long range goals and objectives for achieving its mission over the next five (5) years. This plan was approved by the Board of Commissioners on January 18, 2001. Each year, this plan must be updated via an Annual Plan that provides details about the Agency's immediate operations, program participants, and programs and services and the Agency's strategy for addressing the needs of the community in the upcoming fiscal year. 2 HUD provided a template for the plan anal the County's Annual Plan is provided under separate cover. The plan was made available far public comment for the period April 9, 2001 to May 25, 2001 as advertised in the Chapel Hill Herald. There are no substantive changes proposed in the Annual Plan since the 5-Year Plan was approved less than a year ago. This plan must be filed with HUD and must contain the attached Certification of Compliance/ Board Resolution signed by the Chair of the Board of Commissioners in order to continue to administer the Section 8 Existing Housing Assistance Program. FINANCIAL IMPACT: There is no immediate impact. RECOMMENDATION(S): The Manager recommends that the Board conduct a public hearing and approve submission of the Five-Year Public Housing Agency Plan and Annual Plan for the Orange County Housing Authority and authorize the Chair to sign .the Certification of Compliance/Board Resolution on behalf of the Board. U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Certifications of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chaimlarl or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year Plan and Annual Plan for PHA fiscal year beginning . hereinafter referred to as the Plan of which this document is a part and make the fallowing certifications and agreements with the Department of Housing Development (HUD) in connection with the submission of the Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA has established a Resident Advisory Board or Boards, the membership of.which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 5. The PHA will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 7. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits requited data to HUD's MTCS in an accurate, complete and timely manner (as specified in P1H Notice 99-2); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of ~ different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). PHA Certifications of Compliance with the PHA' Plans and Related Regulations 12/99 Page 1 of 3 U.S. Department of Housing and Urban Development Office of Public and Indian Housing 8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standazds and Requirements for Accessibility by the Physically Handicapped. 1'0. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low- or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 11. The PHA has submitted with the Plan a certification with regazd to a drug free workplace required by 24 CFR Part 24, Subpart F. 12. The PHA has submitted with the Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87, together. with disclosure forms if required by this Part, and with restrictions on payments to influence Federal Transactions, in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24. 13. For PHA Plan that includes a PHDEP Plan as specified in 24 CFR 761.21: The PHDEP Plan is consistent with and conforms to the "Plan Requirements" and "Grantee Performance Requirements" as specified in 24 CFR 761.21 and 761.23 respectively and the PHA will maintain and have available for review/inspection (at all times), records or documentation of the following: • Baseline law enforcement services for public housing developments assisted under the PHDEP plan; • Consortium agreements between the PHAs participating in the consortium and a copy of the payment agreement between the 'consortium and HUD (applicable only to PHAs participating in a consortium as specified under 24 CFR 761.15); • Partnership agreements (indicating specific leveraged support) with agencies/organizations providing funding, services or other in-kind resources for PHDEP-funded activities; • Coordination with other law enforcement efforts; • Written agreement(s) with local law enforcement agencies (receiving any PHDEP funds); and • All crime statistics and other relevant data (including Part I and specified Part II crimes) that establish need for the public housing sites assisted under the PHDEP Plan. 14. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 15. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 16. The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in . accordance with 24 CFR Part 58. 17. With respect to public housing the PHA will comply with Davis-Bacon'or HUD determined wage rate requirements under section 12 of the United States Housing Act of 1937 and the Contract Wark Hours and Safety Standards Act. 1$. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 19. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. 20. The PHA will comply with the policies, guidelines, and requirements of OMB Circulaz No. A-87 (Cost Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). 21. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. PHA Certifications of Compliance with the PHA Plans and Related Regulations 12!99 Page 2 of 3 U. S. Department of Housing and Urban Development Office of Public and Tndian Housing 22. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and attachments at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. PHA Name PHA Number Signed/Dated by PHA Board Chair or other authorized PHA official PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 3 of 3 6 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2001- 2002 ANNUAL UPDATE TO THE 2000 - 2005 CONSOLIDATED PLAN BE IT RESOLVED that the Orange County Board of Commissioners authorizes the submission of the 2001 - 2002 Annual Update to the 2000 - 2005 Consolidated Plan to the U.S. Department of Housing and Urban Development for the County's Housing and Community Development Programs including all understandings, assurances, and certifications required therein by May 15, 2001. SE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized .representative of the County to act in connection with submittal of a Consolidated Plan to provide such additional information as maybe required. This the 1st day of May, 2001.