Non-Citizen Eligibility

Transcription

1 Non-Citizen Eligibility Presented by: Westchester Training 1

2 Limits on Assistance to Non Citizens Eligibility for federal housing assistance is limited to U.S. citizens and applicants who have eligible immigration status. Persons claiming eligible immigration status must present appropriate immigration documents, which must be verified by the PHA through the Immigration and Naturalization Service (INS). Limits on Assistance to Non Citizens Every applicant household for (and participant in) the housing choice voucher program must sign a certification for every household member either claiming status as: A U.S. citizen, or An eligible alien, or Stating the individual s choice not to claim eligible status and acknowledge ineligibility (non contending form) Westchester Training 2

3 Limits on Assistance to Non Citizens For household members claiming U.S. citizenship, only a declaration signed by the household member (or in the case of a minor child, parent) is required by regulation. However, PHAs are permitted to adopt policies requiring verification through presentation of one of the following: United States passport; Resident alien card; Registration card; Social Security card; Other appropriate documentation Programs for Non Citizens Lawful permanent residents and many other immigrants may apply for all types of government housing including the HCV Program. If the entire family is undocumented, they will not be eligible for certain federal programs. In addition, for certain federal housing programs, if some but not all of the household members are citizens or have certain types of recognized immigration status, the portion of the rent will be higher than it otherwise would be. Westchester Training 3

4 Programs for Non Citizens No Restrictions Federal housing programs Some federal multifamily buildings Housing Opportunities for Persons with AIDS (HOPWA) McKinney Homeless Programs (except for the McKinney Section 8 moderate rehabilitation program) Shelter Plus Care Supportive Housing HOME Rental Assistance Low Income Housing Tax Credit properties (unless there are other housing program rules for the property to which immigration restrictions may apply) Programs for Non Citizens No Restrictions Federal housing programs Some federal multifamily buildings Housing Opportunities for Persons with AIDS (HOPWA) McKinney Homeless Programs (except for the McKinney Section 8 moderate rehabilitation program) Shelter Plus Care Supportive Housing HOME Rental Assistance Low Income Housing Tax Credit properties (unless there are other housing program rules for the property to which immigration restrictions may apply) Westchester Training 4

5 Programs for Non Citizens With Restrictions Many federal housing programs accept applications only from immigrants who have a particular immigration status. These are the restricted programs. Depending on immigration status, a family may be able to apply for the following federal housing programs: Federal public housing for families, elders and people with disabilities Section 8 Housing Choice Vouchers Section 8 moderate rehabilitation program Most federal multifamily buildings Federal First Time Homebuyer programs Programs for Non Citizens With Restrictions Many federal housing programs accept applications only from immigrants who have a particular immigration status. These are the restricted programs. Depending on immigration status, a family may be able to apply for the following federal housing programs: Federal public housing for families, elders and people with disabilities Section 8 Housing Choice Vouchers Section 8 moderate rehabilitation program Most federal multifamily buildings Federal First Time Homebuyer programs Westchester Training 5

6 Requirements for Non Citizens Non citizens claiming eligible immigration status must provide all of the following evidence: The signed declaration of eligible immigration status; One of the INS documents specified in the rule. (See Acceptable forms of documentation below). A signed verification consent form describing transmission and use of the information obtained. Requirements for Non Citizens Non citizens claiming eligible immigration status must provide all of the following evidence: The signed declaration of eligible immigration status; One of the INS documents specified in the rule. (See Acceptable forms of documentation below). A signed verification consent form describing transmission and use of the information obtained. Westchester Training 6

7 Requirements for Non Citizens Families in which all members are citizens or have eligible immigration status are eligible for full housing assistance. An applicant family without any citizens or members with eligible immigration status is not eligible for assistance. Non Citizen Students Non citizen students are not eligible to receive housing assistance. When a non citizen student is accompanied by a non citizen spouse and/or minor children, those family members are also ineligible for assistance. However, citizen spouses and the children of the citizen spouse and non citizen student are eligible for assistance. When a household includes eligible and ineligible members it is treated as a mixed family as described below. A non citizen student is defined as a bona fide student who: Is pursuing a course of study in this country; Has a residence in another country outside of the United States that the person has no intention of abandoning; and Is admitted to this country temporarily, solely for the purpose of pursuing a course of study. Westchester Training 7

8 Eligible Citizenship Categories for Section 8 Citizens A citizen born in the United States A naturalized citizen Eligible Noncitizens A lawful permanent resident A registry immigrant (admitted for permanent residence by the U.S.Attorney General and eligible for citizenship) A refugee or an asylee A conditional entrant A parolee A withholding grantee A person granted 1986 amnesty status A resident of the Marshall Islands, Micronesia, Palau, or Guam A victim of trafficking or relatives of such a victim Pending Green Card A family is not eligible to received Section 8 Housing Assistance until receipt of the Green Card Once a family is granted lawful permanent resident status, or a green card, they can apply for all of the housing programs. Until then, they can apply for the federal housing programs only if another household member is a citizen or falls into any of the eligible noncitizen categories Westchester Training 8

9 Pro rated assistance Pro rated assistance (or pro rated rent) means that the housing authority will base the housing assistance or subsidy on the number of eligible family members, not on the total number of people, in the household. For example, four people in a household where only two are citizens or eligible noncitizens, the housing authority will give you a Section 8 subsidy as if there were a two person household. The subsidy will be pro rated by 50%. Pro rated of HAP: Family of 4 with 1 Ineligible Gross Rent: $550 Payment Standard Amount: $600 TTP based on all household income: $250 HAP equals the lesser of: Payment Standard less TTP ($600 $250 = $350) or Gross Rent less TTP ($550 $250 = $300) HAP = $300 Proration Factor: 3 eligible members of 4 total members = ¾ =.75 Prorated HAP: $300 x.75 = $225 Calculate Family Share: Gross Rent ($550) less Prorated HAP $(225) equals Family Share = $325 Westchester Training 9

10 Pro rated of HAP: Family of 4 with 1 Ineligible Gross Rent: $550 Payment Standard Amount: $600 TTP based on all household income: $250 HAP equals the lesser of: Payment Standard less TTP ($600 $250 = $350) or Gross Rent less TTP ($550 $250 = $300) HAP = $300 Proration Factor: 3 eligible members of 4 total members = ¾ =.75 Prorated HAP: $300 x.75 = $225 Calculate Family Share: Gross Rent ($550) less Prorated HAP $(225) equals Family Share = $325 Affordability Issues Often pro rated assistance means that the rents in restricted programs are too high to afford. If a family s rent is pro rated and, at a later date, someone else in the household becomes eligible, the PHA could the proration. Note: Although pro rated families may often exceed the 40% rent burden this analysis does not have to be done unless the gross rent exceed the payment standard. Westchester Training 10

11 Notification Requirements At the time an application is filed, the PHA must notify all applicants for assistance about the rule restricting assistance based on citizenship status and of the requirement to submit documentation of eligible status or to elect not to claim eligible status. The PHA's notice must state the following: Financial assistance is contingent upon the appropriate submission and verification of documentation of citizenship or eligible immigration status. The types of documentation required and time period for submission Submission of Documentation Documentation must be submitted by the time of the eligibility determination. Once documents have been submitted and verified for an individual, citizenship documentation for that individual will not need to be collected again. If the family certifies that the required evidence is temporarily unavailable and it needs more time, the PHA may provide an extension of up to 30 days to submit evidence of eligible status, if the family has submitted the required declaration of eligible immigration status. To obtain an extension, the family must also certify that prompt and diligent efforts will be undertaken to obtain the evidence. The PHA must inform the family, in writing, whether its request for a time extension of has been granted or denied. If granted, the notice must state the specific period of the extension. If the extension request is denied, the notice must explain the reasons for the denial. Westchester Training 11

12 Submission of Documentation If all required documents have been provided by the family, assistance may not be denied or delayed solely because verification or requested hearings have not been completed. If required documents have not been submitted by all family members, only prorated assistance may be provided until the required documents have been submitted by all family members. New family members in currently participating households must submit documentation at the first interim or annual reexamination following occupancy. If a PHA suspects that an applicant or tenant has misreported his or her immigration status or altered or forged documents, it may refer the case to HUD s Office of Inspector General for investigation. Pending Application for Asylum or Refugee Status If the family already has federal public or subsidized housing tenant and have an application for refugee or asylum status pending, you can get temporary deferral of termination of assistance for an indefinite period of time until the immigration authorities make a final decision on the application. Sometimes it takes years for these applications to be resolved. In the meantime, the family is eligible for full housing assistance, and the assistance should not be prorated. Westchester Training 12

13 Acceptable forms of Documentation According to HUD, the following are documents to demonstrate immigration status: Form I 551, Alien Registration Receipt Card ( green card ) (for permanent resident aliens) Form 1 94, Arrival Departure Record annotated with one of the following: Admitted as a Refugee Pursuant to Section 207 Section 208 or Asylum Section 243(h) or Deportation stayed by Attorney General Paroled Pursuant to Section 212(d)(5) of the INA Acceptable forms of Documentation Form I 94, Arrival Departure Record with no annotation and accompanied by one of the following: A final court decision granting asylum (but only if no appeal is taken); A letter from a Department of Homeland Security (DHS) asylum officer granting asylum (if application was filed on or after October 1, 1990) or a letter from a DHS district director granting asylum (if application filed was before October 1, 1990); A court decision granting withholding of deportation; or A letter from an asylum office granting withholding of deportation (if application was filed on or after October 1, 1990) Westchester Training 13

14 Acceptable forms of Documentation Although DHS has discontinued the documents below, HUD has not updated its guidance regarding the documents below: Form I 688, Temporary Resident Card annotated Section 245A or Section 210 Form I 668B, Employment Authorization Card annotated Provision of Law 274a.12(11) or Provision of Law 274a.12 A receipt issued by the DHS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and that the applicant s entitlement to the document has been verified Work Authorization I 766 A number of people may qualify for work authorization due to their immigration status and still not be considered eligible noncitizens for the federal housing programs. Reference Guide to Immigrant Eligibility for Federal Programs: Westchester Training 14

15 Work Authorization I 766 Please note that I 688, I 688A, and I 688B (Temporary Resident Card and Outdated Employment Authorization Cards) were eliminated from production at the end of The I 688B was removed from circulation due to lacking security that were enabled by centralized production of the I 766. Work Authorization I 766 Category on EAD I 766 A3 Provision of law as provided by 8 CFR 274a.12: (Eligible to Receive Assistance) An alien admitted to the United States as a refugee pursuant to section 207 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; A4 An alien paroled into the United States as a refugee for the period of time in that status, as evidenced by an employment authorization document issued by the Service; A5 An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by BCIS to the alien. An expiration date on the employment authorization document issued by BCIS reflects only that the document must be renewed, and not that the bearer's work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status. (Revised 7/30/04; 69 FR ) Westchester Training 15

16 Work Authorization I 766 Category on EAD I 766 A8 A10 C11 Provision of law as provided by 8 CFR 274a.12: (Eligible to Receive Assistance) An alien admitted to the United States as a citizen of the Federated States of Micronesia (CFA/FSM) or of the Marshall Islands (CFA/MIS) pursuant to agreements between the United States and the former trust territories, as evidenced by an employment authorization document issued by the Service; An alien granted withholding of deportation or removal for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (Revised effective 4/1/97; 62 FR ) An alien paroled into the United States temporarily for emergency reasons or reasons deemed strictly in the public interest pursuant to of this chapter; (Amended 1/4/95; 59 FR Work Authorization I 766 Category on EAD I 766 C14 C16 C20 C22 Provision of law as provided by 8 CFR 274a.12: (Eligible to Receive Assistance) Any alien who has filed an application for creation of record of lawful admission for permanent residence pursuant to part 249 of this chapter. Applicant for registry (resided in U.S. since before January 1, 1972). Any alien who has filed an application for creation of record of lawful admission for permanent residence pursuant to part 249 of this chapter. Any alien who has filed a completed legalization application pursuant to section 210 of the Act (and part 210 of this chapter). Any alien who has filed a completed legalization application pursuant to section 245A of the Act (and part 245a of this chapter). Employment authorization shall be granted in increments not exceeding 1 year during the period the application is pending (including any period when an administrative appeal is pending) and shall expire on a specified date. Westchester Training 16

17 Work Authorization I 766 Category on EAD I 766 C8 Provision of law as provided by 8 CFR 274a.12: (Most Likely Warrants Temporary Deferral of Assistance) An alien who has filed a complete application for asylum or withholding of deportation or removal pursuant to 8 CFR part 208, whose application: (Paragraph (c)(8) revised 1/4/95; 59 FR ) (Paragraph (c)(8) revised 4/1/97; 62 FR ) (i) Has not been decided, and who is eligible to apply for employment authorization under of this chapter because the 150 day period set forth in that section has expired. Employment authorization may be granted according to the provisions of of this chapter in increments to be determined by the Commissioner and shall expire on a specified date; or (ii) Has been recommended for approval, but who has not yet received a grant of asylum or withholding or deportation or removal; SAVE Verification Once the family has submitted their proof of immigration documents requested, the document must be verified by the Systematic Alien Verification for Entitlements (SAVE) Program. The SAVE Program verifies the authenticity and verification of the document submitted. As long as the family has submitted the documents requested, any application should not be delayed or denied simply because it takes awhile to complete this process. If the family has claimed that all household members are citizens or eligible noncitizens, they could get full housing assistance until there has been a final verification of eligibility. See 24 C.F.R (b)(1). Westchester Training 17

18 SAVE Verification If the SAVE information shows that the family should be denied a notice must be provided to the family. The notice must advise the family of the appeal rights and the right to pro rated assistance if one or more household members are eligible. 24 C.F.R (c)(1). There is an extensive discussion about how the Systematic Alien Verification for Entitlements (SAVE) Program works in Appendix 2 of the HUD Multifamily Occupancy Handbook REV 1, CHG 3 (June 2009). This includes a list of codes that are used to indicate different immigration statuses on the SAVE report. Delay, Denial, or Termination of Assistance The PHA may not delay, deny, or terminate assistance to an applicant or currently assisted household if any of the following circumstances apply: At least one person in the household has submitted appropriate INS documents; The documents were submitted to the INS on a timely basis, but the verification process has not been completed; The family member in question moves; The INS appeals process has not been completed; Assistance is prorated; Deferral of termination of assistance is granted; or For a program participant, the informal hearing process is not complete. Westchester Training 18

19 Delay, Denial, or Termination of Assistance Assistance may be denied or terminated when: Declaration of citizenship or eligible immigration status is not submitted by the specified deadline or any extension; Required documentation is submitted but INS primary and secondary verification does not verify immigration status and family does not pursue INS or PHA appeal; or Required documentation is submitted but INS primary and secondary verification does not verify immigration status, and INS or PHA appeal is pursued but decision(s) are rendered against the family. Delay, Denial, or Termination of Assistance When the PHA decides to deny or terminate assistance, it must send a written notice to the household which includes the following: A statement that financial assistance will be denied or terminated and an explanation of why; Notification that the family may be eligible for prorated assistance if it is a mixed family; In the case of a currently assisted household, the procedures for obtaining relief under the preservation of families provision (e.g. temporary deferral or proration of assistance); The right to appeal the results of the secondary verification to the INS; and The right to request an informal hearing from the PHA in lieu of an INS appeal or after an appeal In the case of applicants, the notice may advise that assistance may not be delayed until the conclusion of the INS appeal process, but may be delayed during the informal hearing process. Westchester Training 19

20 Appeal Process The applicant has the right to appeal this decision at the housing agency. Any appeal must be requested within 30 days of the notice from the housing authority or subsidized landlord. During this appeal, there should be no action by the housing authority and the application should not be delayed or denied. The applicant can also appeal directly to the local office of U.S. Citizenship and Immigration Services (USCIS), the federal agency that maintains records on immigration status. USCIS can correct and update the record. For USCIS Customer Service, go to: Important! Advise the applicant to speak with an attorney or organization familiar with immigration issues before visiting any USCIS office. INS Appeal Process If the family wants to exercise its right of appeal with the INS, it must take the following steps: Within 30 days from the date of the 40PHA notification, submit a written request, for an appeal with the INS. Include with this request a cover letter and any support documentation as well as a copy of the verification request form (Form G 845S) which was submitted by the PHA for the secondary verification request. Provide the PHA with a copy of the request for an appeal with the INS. Provide any additional documentation that the INS may request. Within 30 days the INS must render its decision to the family and forward a copy to the PHA. Westchester Training 20

21 Post Admission Issues If the family lives in a federal restricted program, the issue that could affect the tenancy could come up in a number of ways: Family wants to add a family member who is not in an eligible category. Family loses a family member who was eligible. Family claimed eligible status when they moved in, it was not verified by the time of moved in, then after leased up it was determined that one or more members were not eligible. Temporary Deferral of Assistance The family must have been receiving assistance under a Section 214 covered program on June 19, Westchester Training 21

22 Changes in Family Status If there is a change in the family s status or the family is being transferred from state to federal housing, the family could face the following: Pro rated assistance. Depending on the change, and depending on whether the family previously had a pro rated rent, the rent could go either up or down. Termination. Temporary deferral of termination Glossary of Terms Amnesty: The common term for the program that allowed certain immigrants who did not have a lawful immigration status to become lawful permanent residents. One group general amnesty immigrants consisted of people who lived in the United States without lawful status since before January 1, The other group special agricultural workers were immigrant farm workers who had performed agricultural work in the United States for at least 90 days between May 1, 1985, and May 1, The amnesty program, created by the Immigration Reform and Control Act of 1986, established a two step process by which eligible immigrants could obtain, first, temporary status and then lawful permanent resident status. Westchester Training 22

23 Glossary of Terms Asylee: A person who has applied for and been granted asylum. In the United States, asylees may apply for lawful permanent resident status one year after being granted asylum. Asylum: A lawful status permitting individuals to remain in the U.S. because they either have been persecuted, or have a wellfounded fear that they would be persecuted, in their home country on account of race, nationality, religion, political opinion, or membership in a particular social group. Technically, an applicant for asylum in the United States must meet the same legal standard as a refugee. The difference is that an asylum applicant applies for this status while in the U.S., whereas a refugee is granted refugee status before arriving in the country. A person who has been granted asylum is an asylee. Glossary of Terms Citizen of the U.S.: A person born or naturalized in the U.S. Conditional entrant: An individual who was admitted to the U.S., under a provision of pre 1980 immigration law, because the individual was persecute or feared persecution in his or her home country. Conditional entrant status was available only to nationals of communist or Middle Eastern countries. Eligible noncitizen: An immigrant who belongs to a group that, under federal law, is allowed to apply to federal restricted programs. Allowable groups include lawful permanent residents, refugees, and asylees. Westchester Training 23

24 Glossary of Terms General amnesty immigrant: An immigrant who had lived unlawfully in the United States since before January 1, 1982, who is allowed under the Immigration Reform and Control Act of 1986 to legalize his or her immigration status. See Amnesty. Immigration authorities: The government agencies that handle immigration matters, specifically, the Department of Homeland Security (DHS), the State Department, and the Department of Justice. The primary immigration authority used to be called INS, the Immigration and Naturalization Service. Glossary of Terms Lawful permanent resident (LPR): An immigrant who has been granted a status that allows him or her to live and work permanently in the United States. Most lawful permanent residents can apply for naturalization to U.S. citizenship after living here for five years. An LPR is commonly known as a person who has a green card. Mixed household: A household whose members have different immigration statuses and is applying to certain federal housing programs. Westchester Training 24

25 Glossary of Terms Naturalization: The process by which immigrants become U.S. citizens. To be eligible to apply for naturalization, an individual must have lived in the U.S. as a lawful permanent resident for five years, or three years if married to a U.S. citizen, or one year for certain persons in the military and veterans. Noncitizen: A person who either was not born in the United States or has not been naturalized to U.S. citizenship, or is not eligible for citizenship under special laws. Glossary of Terms Non contending form: A form on which a person indicates that he or she is not asserting to have eligible noncitizen status for restricted federal housing assistance programs. Parole: The procedure which allows a noncitizen to come into the United States without granting him or her admission to the U.S. People who have been paroled into the U.S. for a period of at least one year are eligible noncitizens for federal housing programs, subject to certain exceptions. Parolee: A noncitizen who has been granted parole. Westchester Training 25

26 Glossary of Terms Pro rated assistance or rent or pro ration: The process by which a restricted federal program calculates rent or subsidy for a mixed household. Federal restricted programs will allow undocumented immigrants to reside in an apartment, but will adjust the subsidy to cover only the citizens or eligible noncitizens. Generally, the calculation of the benefit amount is based on the proportion of eligible individuals to ineligible individuals. For example, for rental assistance, the pro rated benefit for a family of four that includes three eligible members would be three fourths of the subsidy that they would have received had all four family members been eligible. Glossary of Terms Public charge: A term used by immigration authorities to refer to a person who is considered primarily dependent on the government for financial support, as demonstrated by either receipt of public cash assistance for income maintenance or institutionalization for long term care at government expense. An immigrant who is found likely at any time to become a public charge can be denied admission to the U.S. or denied status as a lawful permanent resident. In very specific and rare circumstances, an immigrant who is found to have become a public charge may be removed from the United States. Westchester Training 26

27 Glossary of Terms Refugee: A refugee is a noncitizen given permission to come to the United States because he or she was persecuted, or has a well founded fear of being persecuted, in his or her home country on account of race, nationality, religion, political opinion, or membership in a particular social group. Refugees are given this status before coming to the U.S., usually when they are temporarily located in a third country. A refugee is granted the right to live and work in the U.S. and, after a one year period, may apply to become a lawful permanent resident. Glossary of Terms Registry: A process whereby lawful permanent resident status may be granted to a noncitizen who has lived in the U.S. since before January 1, 1972, whether or not he or she is an undocumented immigrant. To be eligible for registry, the person must have maintained continuous residence in the U.S. However, some absences even extended ones will not break the continuity of residence, provided the person never intended to abandon his or her residence. Restricted program: Any of the federal housing programs which must check the immigration status of eligible applicants and which require that one or more household members be citizens or eligible noncitizens. Westchester Training 27

28 Glossary of Terms Section 214 declaration: A declaration that a household member is either a citizen or noncitizen eligible for federal housing assistance under Section 214 of the Housing and Community Development Act of See 42 U.S.C. 1436a; 24 C.F.R. Part 5, Subpart E. Glossary of Terms Severe form of trafficking in persons: Trafficking in persons means, generally, running a business in which people or people s labor or services are the main things being traded or sold. A severe form of this practice is one in which people are seriously exploited or abused. Severe forms of trafficking include forcing people to work as prostitutes (sex trafficking), making them do an unreasonable amount of work to pay off a debt, forcing them to believe that they would be harmed if they did not work under certain conditions, threatening to abuse any legal process, or slavery. Westchester Training 28

29 Glossary of Terms Temporary deferral of termination of assistance: An option for mixed households that are already in federal public or assisted housing. It can apply either where there are no eligible household members or where there is at least one ineligible household member and the family does not choose to have prorated rent. Temporary deferral is granted in six month increments, and usually has a maximum period of 18 months. There is an unlimited deferral period, however, where the household has an application for asylum or refugee status which has not been finally determined. Glossary of Terms Undocumented immigrant: A noncitizen who does not have lawful immigration status. Most undocumented immigrants either entered the United States without going through the required inspection process or were lawfully admitted but violated the terms of that status. Westchester Training 29

30 Glossary of Terms Victim of trafficking: An individual who has been subjected to a severe form of trafficking in persons. A victim of trafficking may obtain permission to remain in the U.S. and to work if the individual is in the U.S. as a result of trafficking, has not unreasonably refused to cooperate in any investigation of the trafficking (if 15 years or older), and if the individual would suffer extreme hardship involving unusual and severe harm if deported. Victims of trafficking cannot be denied residence on public charge grounds and are eligible for housing assistance. Glossary of Terms Withholding of removal: A status that prohibits immigration authorities from returning an individual to a country where his or her life or freedom would be endangered. This status is similar to, but separate from, asylum. People granted withholding may be deported to a third country if one will accept them, but they cannot be returned to their home country. People who are granted withholding may apply for, and be granted, permission to work. Westchester Training 30

31 Introduction to Presented by: Objective Provide a basic understanding of the purpose and administration of enhanced vouchers. Westchester Training 31

32 Issuance of Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Issuance of Issuance of Purpose of Issuing Affected Housing Types Nature of Assistance Invitation Tasks Challenges Special Fee Timeline Effective Dates Wait List Westchester Training 32

33 Issuance of Purpose of Issuing Subject to appropriations, HUD provides tenantbased rental assistance in order to assist eligible residents of HUD Multifamily Housing Programs who are affected by several types of owner or HUD actions. Issuance of Purpose of Issuing These actions (conversions) include: owners opt out of subsidy contracts pre payment of HUD subsidized mortgages, enforcement actions by HUD against owners. Westchester Training 33

34 Purpose of Issuing To preserve a family s affordable housing if a HUD subsidized property is converted to private market housing (when an owner opts out of the HUD contract) Issuance of Affected Housing Types Affected Housing Types include: Section 8 New Construction HUD 236 HUD 221 Moderate Rehabilitation Program Rent Supplement Program HUD Loan Management Assistance Program Westchester Training 34

35 Issuance of Nature of Assistance Assistance provided in the Enhanced Voucher Program is tenant based, allowing the affected resident to either remain in the project or move from the property immediately. There is no guarantee that any amount of assistance will be used at the project for any period of time. Issuance of Invitation The Office of Public Housing is responsible for selecting the PHA that will be asked to administer the. Generally this is done by solicitation of interest and qualifications from agencies identified in advance by HUD. Westchester Training 35

36 Issuance of Tasks to be Performed To minimize any adverse impact on families affected by the conversion action, a number of tasks must be completed in a relatively short period of time, including: Completing and submitting a funding application. Determining each family s eligibility. Reviewing proposed rents. Conducting HQS Inspections. Issuance of Challenges Many families may want to move. Families who are over housed. Rules are more complicated than regular vouchers. Affected residents may be upset or confused. Some families may see significant rent increases. Westchester Training 36

37 Issuance of Special Fee HUD will pay a special fee for each occupied unit covered by the conversion action, as determined by HUD. Purpose of the fee: Compensate the PHA for extraordinary costs typically associated with the issuance of Enhanced Vouchers. Ensure the PHA is reimbursed for these costs even in the rare instance where the conversion is cancelled. Issuance of Timeline 1. Office of Multifamily Housing determines that are needed. 2. Office of Public Housing (field office) determines which PHA will administer the vouchers. 3. PHA is provided with copies of the HUD 50059s and/or tenant profiles, or helps coordinate with owner so PHA has access to such information. Westchester Training 37

38 Issuance of Timeline 4. PHA submits the funding application to the field office. 5. The field office completes the funding request worksheets and submits it to HUD Headquarters. 6. PHA reviews owner income certifications to determine if they are acceptable and begins income examination and verification process. Issuance of Timeline 7. HUD HQ reviews funding worksheet and calculates budget authority. 8. HQ assigns budget authority to Financial Management Center (FMC). 9. FMC reserves the funds for the PHA, prepares ACC, and forwards it to PHA. 10. PHA prepares budget revision and funding requisition and forwards it to FMC for processing. Westchester Training 38

39 Issuance of Timeline 11. Families are given proper notice of conversion date, at least 60 days. 12. Families decide whether to move or stay in place. 13. Eligibility is determined and eligible families are issued vouchers. 14. PHA performs rent reasonable reviews, HQS inspections, and calculations of HAP for selected units. Issuance of Effective Dates The effective date of the ACC is 60 days before the target date of the conversion action. The target date is the date the owner may increase the rents at the project, generally, the date of the conversion, but sometimes 60 days after the conversion. The voucher issuance date is 60 days prior to the target date. Westchester Training 39

40 Issuance of Effective Dates The effective date of HAP contracts for families that remain in the project can be no sooner than the target date, and in most instances will be the target date. The effective date of HAP Contracts for families that move from the project is the same as for normal voucher holders. Issuance of Waiting List Waiting list rules and preferences do not apply to families affected by the conversion action. Income targeting rules are also not applicable. Westchester Training 40

41 Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Income Eligibility In most instances, persons defined as low income are eligible for assistance. In some instances a moderate income elderly or disabled family or a moderate income family residing in a low vacancy area (3% or less vacancy rate) may also be eligible. Westchester Training 41

42 Income Eligibility Low income family annual income does not exceed 80% of the area median income as determined by HUD. Moderate income family annual income is above 80% but does not exceed 95% of the area median income as determined by HUD. Income Eligibility If an income eligible family is later determined to have a zero HAP payment because TTP exceeds the gross rent, the family must be informed that if income decreases or rent increases in three years of the eligibility event, the family may contact the PHA. If the change results in a HAP payment, a HAP contract will be executed on behalf of the family. Westchester Training 42

43 Income Certifications HUD permits the use of owner certifications of income to reduce processing time if: The owners certification for the family is no more than six months old; and The PHA determines that the owner s certifications are acceptable after a review of a small sample for accuracy. Income Certifications If owner certifications are used, the next reexamination must be completed one year from the date of the owner certification, not the date the certification was accepted. PHA is not required to use owner certifications. PHA can choose to conduct its own income determination and verification. Westchester Training 43

44 Screening A PHA is still allowed to screen families for eligibility as long as the criteria used for screening and denial are the same ones used for the regular program. Denied families must be provided with an opportunity for an informal review. Voucher Issuance Because these vouchers are targeted to specific families adversely affected by a conversion action, the maximum search time that is reasonably necessary to locate housing should be provided. Westchester Training 44

45 Subsidy Size Vouchers are issued in accordance with the PHA subsidy standards, not the actual size of the unit the family is currently occupying. There may be instances where a family resides in an over sized unit and special rules apply which are discussed later in this training. Topics Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Westchester Training 45

46 Payment Standard For those who stay at the project: Payment Standard schedule is determined using the approved rent after the conversion action, plus the PHA utility allowance schedule, the unit s gross rent. For those who move: PHA s normal Payment Standards apply. Payment Standard In all instances: Payment Standard must be the lower of the Payment Standard for the family size or the Payment Standard for the actual size unit rented by the family. Westchester Training 46

47 Topics Enhanced VOuchers Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Over Housed Families A family is over housed if: The bedroom size of the unit they occupy exceeds the number of bedrooms for which the family qualifies under the PHA subsidy standards. If an over housed family moves from the project: Normal voucher program rules apply. Westchester Training 47

48 Over Housed Families All over housed families must be provided a notice that they are over housed and the HUD required actions. Families are given the option to stay at the project or move. Over Housed Families PHA must provide owner a list of over housed families that wish to stay at the project. List must include the appropriate sized unit needed for each family. The owner must identify all appropriate sized units that are available. Westchester Training 48

49 Over Housed Families An over housed family must move to an appropriate sized unit if one is available to receive enhanced voucher assistance. Unit is considered available if it is ready for occupancy, rent reasonable, and in compliance with HQS. Over Housed Families If the family refuses to move, HAP is determined using the normal voucher subsidy formula, including regular payment standard. Family is responsible for any gross rent not covered by HAP. Westchester Training 49

50 Over Housed Families If no appropriate sized unit is available: Family can stay in unit. Payment Standard is gross rent of oversized unit. Subsidy continues to be based upon unit size until an appropriate sized unit becomes available. Over Housed Families Family must move to an appropriate sized unit when one becomes available. If the family refuses to move, HAP is determined using normal voucher subsidy formula, including regular payment standard. Family is responsible for any gross rent not covered by HAP. Westchester Training 50

51 Over Housed Families Same rules apply if there is a subsequent change in family composition that results in the family becoming over housed. Over Housed Families If there are more over housed families than the number of available appropriate sized units, the PHA determines which families move first. Westchester Training 51

52 Over Housed Families Criteria can include: Lottery Length of Tenancy Age or Frailty of resident Other fair and equitable selection criterion Topics Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Westchester Training 52

53 Calculation of HAP Topics Rent Reasonableness HQS TTP Enhanced Voucher Minimum Rent Families with Regular Vouchers Decline in Income HAP Contracts Change in Payment Standard Change in Family Size Calculation of HAP Rent Reasonableness All regular rules regarding rent reasonableness apply to units affected by the conversion action. Determination must be made based upon current condition of units, not planned enhancements. PHA may accept and review rent comparability studies prepared on behalf of the owner or HUD. Westchester Training 53

54 Unit Eligibility HQS Units must be inspected to ensure that they meet HQS, even if the unit was previously assisted with a Section 8 Project based contract. There are no circumstances where HAP can be paid prior to the unit passing the HQS inspection. Calculation of HAP TTP TTP for a family that moves from the project is calculated in accordance with all normal programs rules. Westchester Training 54

55 Calculation of HAP TTP The TTP for families that remain in the project is the greatest of: 30% of adjusted monthly income; 10% of monthly income; The welfare rent; The PHA minimum rent; or The enhanced voucher minimum rent. Note: 40% rule does not apply. Calculation of HAP Enhanced Voucher Minimum Rent A family receiving enhanced voucher assistance must pay no less rent than the family was paying on date of the eligibility event. The enhanced voucher minimum rent is: The gross rent the family was paying prior to the conversion, using PHA utility allowance. For families assisted under a project based assistance contract, the enhanced voucher minimum rent is the family s TTP prior to the conversion. Westchester Training 55

56 Calculation of HAP Enhanced Voucher Minimum Rent For families assisted under a project based assistance contract, the enhanced voucher minimum rent is the family s TTP prior to the conversion. However, a family receiving project based assistance will continue to receive it until the contract expires. Such a family will receive enhanced voucher assistance at the expiration and non renewal of the contract. Calculation of HAP Families with Regular Vouchers Some affected residents may already be receiving HCV assistance prior to the conversion action. The family may elect to: Move. Stay in the unit and apply all regular program rules. Receive an enhanced voucher. In this instance, the minimum rent is the TTP on the date of the eligibility event. Westchester Training 56

57 Calculation of HAP Decline in Income Significant Decline in Income: If a family receiving enhanced voucher assistance suffers a significant decline in family income (15% or more of Gross Income on date of eligibility event), the minimum family share will be reduced so that the percentage of income for rent does not exceed 30% or the percentage of monthly income actually paid on the effective date of the prepayment. Calculation of HAP Decline in Income Example At Initial Certification: TTP $500 Adjusted monthly income $1,000 Percentage of income 50% Westchester Training 57

58 Calculation of HAP Decline in Income Example Adjusted Monthly Income Monthly Income Decreased from $1000 to $800 Percent Decrease in Monthly Income 20% New TTP (50% x $800) $400 Calculation of HAP HAP Contracts A good faith effort should be made to execute all HAP contracts before the lease term, but remember that the HAP contract may be executed up to 60 calendar days after the lease term. This is helpful in circumstances where HUD has not made funding available by the target date. Westchester Training 58

59 Calculation of HAP HAP Contracts No tenancies can be approved or HAP contracts executed prior to the target date for families that remain at the project. HAP contracts may be approved prior to the target date for families that elect to move. Calculation of HAP HAP Contracts In instances where the reason for the conversion is the failure of the owner to properly maintain the property: There is little likelihood of the units meeting HQS. The owner has failed to comply with the rules of a Federal Housing Program, giving the PHA grounds to deny the owner. Westchester Training 59

60 Calculation of HAP Calculation of HAP Contracts Families are generally not able to remain in the project with enhanced voucher assistance unless the property is in good physical condition and is being turned over to new ownership. Calculation of HAP Changes in Payment Standard The Payment Standard schedule for enhanced voucher holders is revised if: The PHA revises its utility allowance schedule. The owner raises the rent of the unit, subject to a rent reasonableness determination. Westchester Training 60

61 Calculation of HAP Changes in Family Size Increase in family size: If the increase results in an overcrowding situation that violates HQS, the family must move to an acceptable unit as soon as possible. If the family moves in the project, enhanced voucher rules continue to apply. If the family leaves the project, regular rules apply. Topics Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Westchester Training 61

62 Unused or Turned Over Vouchers Any vouchers that are issued to the PHA but not used by persons affected by the conversion action, or otherwise turned over may be issued to families on the PHA s regular waiting list in accordance with all normal HUD rules and regulations and PHA policies and procedures. Topics Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Westchester Training 62

63 Example Family resides in a unit subsidized by the HUD 236 Program where the owner is opting out. Family pays a $400 per month flat rent. Applicable utility allowance is $150 Family consists of a single mother and one child and lives in a two bedroom unit. Per the subsidy standards, the family is eligible for a two bedroom voucher. Example Adjusted Annual Income is $12,000. Monthly Income is $1,000. New rent on the unit will be $900 per month. Westchester Training 63

64 Example Calculate: TTP Payment Standard HAP Family Share of Rent Example TTP Calculation Remember, TTP is greatest of: Enhanced voucher minimum rent 30% of adjusted monthly income 10% of monthly income TTP prior to conversion Westchester Training 64

65 Example TTP Calculation Step 1: Enhanced Voucher Minimum Rent (Note: In this Example, Enhanced Voucher Minimum Rent is same as Family Gross Rent) Contract Rent $400 Utility Allowance + $150 Enhanced Voucher Minimum Rent / $550 Family Gross Rent Example TTP Calculation Step 2: 30% of monthly adjusted income Adjusted Annual Income 12 Months in a year = Monthly Adjusted Income $12, = $1,000 30% of $1,000 = $300 = TTP Westchester Training 65

66 Example TTP Calculation Step 3: 10% of monthly income Monthly Income x 10% $1,200 x.10 = $120 Example TTP Calculation Step 4: Select greatest of: Enhanced Voucher Minimum Rent = $550 30% of Adjusted Monthly Income = $300 10% of Monthly Income = $120 $550 Westchester Training 66

67 Example Payment Standard Family is eligible for two bedroom unit at rent of $900 Applicable utility allowance is $150 Payment Standard Calculation Payment Standard = Rent + Utility Allowance Rent $900 Utility Allowance + $150 Payment Standard $1,050 Westchester Training 67

68 HAP Calculation HAP = Payment Standard TTP Payment Standard $1,050 Less TTP $550 HAP $500 - Family Share of Rent Calculation Family Share of Rent = Contract Rent - HAP Contract Rent $900 Less HAP $500 Family Share of Rent $400 Westchester Training 68

69 Overhoused Families Example Family resides in a 3 bedroom unit. Family is eligible for a 2 bedroom unit as per PHA subsidy standards. Rent for a 2 bedroom unit is $800. Rent for a 3 bedroom unit is $1000. Overhoused Families Example There is no utility allowance. Rent includes all utilities. Family does not want to move. There are no 2 bedroom vacancies. Family s TTP is $500. Regular two bedroom payment standard is $700. Regular three bedroom payment standard is $800. Westchester Training 69

70 Overhoused Families Example Calculate Payment Standard HAP Overhoused Families Payment Standard Calculation Normally, family would be required to move; OR Normal Voucher Rules apply. However, since there are no 2 bedroom units the family cannot move. Westchester Training 70

71 Overhoused Families Payment Standard Calculation Since family is not able to move, Payment Standard for unit they are occupying applies. Payment Standard for Gross Rent for 3 bedroom unit $1000. Family must move when a 2 bedroom becomes available or Payment Standard becomes $700 (normal voucher program rules apply). Overhoused Families HAP Calculation HAP = Payment Standard - TTP Payment Standard $1,000 Less TTP $500 HAP $500 Westchester Training 71

72 Topics Topics Issuance of Income Eligibility Payment Standard Over Housed Families Unit Eligibility Calculation of HAP Unused or Turned Over Vouchers Examples Additional Resources Additional Resources HUD PIH Notice HUD PIH Notice Westchester Training 72

73 Fair Housing, Reasonable Accommodation and Reasonable Modification September 2014 Fair housing and the Section 8/ HCV program Offices operating HUD programs are obliged to abide by and affirmatively further fair housing. This in particular, applies to the Section 8 Housing Choice Voucher Program, due to its ability to provide housing opportunities to households falling into protected classes Westchester Training 73

74 Protected Classes The Fair Housing Act of 1968 and the 1988 amendments identify the following protected classes : Race Color Sex Religion Disability Drug use/addiction do not fall into the federal category of disability. Handicap National Origin Family Status: Children under the age of 18 living with parents or legal custodians. Pregnant women. People securing the custody of children under the age of 18. In addition to HUD standards, NYS Human Rights Law includes the following classes in its protected category: Age Sexual orientation Military status Marital status In addition to NYS standards, HUD has required that Westchester adopt the NYC protected category: Lawful source of income This means that a landlord may not say they Don t take section 8 or People on welfare or People receiving social security, if they have the means to pay the rent Exemptions The Fair Housing Act exempts: Owner occupied buildings that contain no more than four units. Single family housing sold or rented without the use of a broker. Housing operated by private clubs and organizations that limit occupancy to members. Properties where 80% of the units are for persons age 55 or over. Housing solely for the occupancy of persons 62 years or older Westchester Training 74

75 How are these classes protected It means Housing Providers [Landlords, Banks, Housing Offices etc.] may NOT: Deny a household the opportunity to apply for housing or deny an otherwise qualified applicant the opportunity to participate in a housing program. Provide housing that is different than that provided to others. Subject anyone to segregation Restrict access to any benefit enjoyed by others. Treat a person differently in determining eligibility or other admission requirements. Steer an applicant or participant toward or away from any particular area based upon any of the factors of protected class. Publish a notice of the availability of housing that prefers or excludes persons of a protected class. Exception: Persons with disabilities may be segregated when it can be demonstrated that it is necessary in order to provide persons with disabilities housing that is as effective as housing provided to others or when authorized by Federal statute, such as the HOPWA and Section 811 Supportive Housing Programs Recognizing Violations: When advertising landlord may not exclude marital status, or source of income (pending). Another posting which excludes certain family types: 15 0 Westchester Training 75

76 Recognizing Violations: Here is an example of a posting that would violate the (pending) source of income rule. In addition NYS building code does not designate the age of persons that may reside in a unit only the number a 2 bdrm is either fit for 3 people or 2, not 2 and ½. So this posting also violates the family status protections. It is important to note that though the language in all of these posts violate Fair Housing rules on their face, they are all able to claim the exemption which allows such discrimination if the property provider is leasing less than 4 units that they reside in. (i.e. room share or duplex etc.) or single family housing rented without the use of a broker What is your Responsibility? [admin plan 6.1] As PHA employee you are required to: Contribute to affirmatively furthering fair housing. Take all reasonable steps to ensure that persons with disabilities have access to all programs and services available. At tenant briefings, ensure that participants are aware of applicable civil rights laws. Assist any participant, with contact information the nearest HUD Office of Fair Housing and Equal Opportunity offices. Upon request assist with completion of housing discrimination form(s). Ensure Fair housing information posters and notices are viewable by the public. With regard to identifying protected classes, some may be highly visible, others are not. Even as may regard race, family status, sexual orientation and disability. In all cases the PHA is required to assist households to overcome barriers to fair housing choice as they may arise. All participants should be given the opportunity to disclose a disability, but should not be required to disclose the nature of any disability. All participants should be made aware of the right to a reasonable accommodation for a disability at briefings, on applications, and elsewhere as appropriate Westchester Training 76

77 What does it mean to Affirmatively Further Fair Housing? For public housing agencies, this means starting a counseling program to help HCV recipients to find housing outside of minority and/or poverty concentrated areas; In Westchester this is the Enhanced Section 8 Outreach Program (ESOP) The presence of ESOP does not Preclude the HCV office from encouraging households to move to areas of lower poverty rates. Outreach to housing providers in non minority and poverty concentrated areas; Marketing available housing to persons less likely to apply for housing in a metropolitan statistical area; The most common example of those less likely to apply are those who work in the PHA s jurisdiction but live outside of it due to high housing costs. The PHA would combat this by advertising waitlist openings in all regional media v. media solely within the PHAs jurisdiction. Providing disabled households with a list of accessible housing in the PHA s jurisdiction What is the HCR responsible for? [admin plan 6.1] NYS Homes and Community Renewal (HCR) s Office of Fair Housing and Equal Opportunity (FHEO)was organized to respond to the Agency's expanding role in monitoring the progress of access to Fair Housing initiatives. In this effort, HCR s website makes available the following publications: Fair Housing and Equal Opportunity form; Anti Discrimination form; Affordable Housing Directories; Statewide Listing of HCR Section 8 Providers; FAQs; Section 8 Information Sheets; Agency contact phone numbers; and A complaint line. All should be included in initial briefing packages/presentations to households Westchester Training 77

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80 What is a Reasonable Accommodation? A Reasonable Accommodation is defined by HUD as: A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person to have an equal opportunity to use and enjoy a dwelling unit, including common areas. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual s disability. While a "diagnosis" is not required, there should be documentation in the file that provides substantiation of the person s disability. The documentation should also include a statement from a physician which supports the determination that the nature of the disability requires reasonable accommodation. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. (ADA.gov) Disability does not include, addiction, current drug users, people whose alcohol use interferes with the rights of others, or persons who objectively post a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation Westchester Training 80

81 Examples: Example 1: A housing provider has a policy of requiring tenants to come to the rental office in person to pay their rent. A tenant has a mental disability that makes her afraid to leave her unit. Because of her disability, she requests that she be permitted to have a friend mail her rent payment to the rental office as a reasonable accommodation. The provider must make an exception to its payment policy to accommodate this tenant. Example 2: A housing provider has a "no pets" policy. A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable accommodation. The tenant explains that the dog is an assistance animal that will alert him to several sounds, including knocks at the door, sounding of the smoke detector, the telephone ringing, and cars coming into the driveway. The housing provider must make an exception to its no pets policy to accommodate this tenant. Example 3: Ahousing office requires that all tenants come into the office to recertify income annually. A disabled head of household is unable to drive and public transportation is more than 1 mile from their home. The housing office must allow the household to either mail pertinent documents into the office, or conduct a home visit to recertify the household. Example 4: A disabled tenant requires the use of a motorized wheel chair to conduct activities of daily living. As such their electric costs are significantly higher than utility chart averages, causing an extremely high gross rent burden for the family. Upon request for accommodation the housing office must use the average of 3 months of actual utility costs to determine utility allowances for the family Reasonable v. Unreasonable The key in each of these circumstances is that the requests are reasonable. Unreasonable requests for accommodation may be denied. Unreasonable requests are considered those which would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case by case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability related needs. Example: As a result of an injury a disabled tenant is receiving extensive physical therapy 100 miles away, outside of the PHA s jurisdiction M F 8 6 (PHA hours of operation are 9 5) at the time of recertification. Because the PHA requires that the tenant come into the office for annual re exams. The tenant has request a home visit to take place at the physical therapy center 100 miles away. Because this would place an undue financial and administrative burden on the PHA the PHA may refuse this accommodation but MUST offer an alterative to face to face interview such as recertification by mail, to meet the household s need for recertification and inability to come to the office during working hours Westchester Training 81

82 Reasonable v. Unreasonable In cases where the accommodation is refused, an alternative to the requested accommodation MUST be offered in ALL instances. There may be instances where a provider believes that, while the accommodation requested by an individual is reasonable, there is an alternative accommodation that would be equally effective, in meeting the individual's disability related needs. In such a circumstance, the provider should discuss with the individual if he/she is willing to accept the alternative accommodation. However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable most common Accommodations: 1. Permitting applications and re examinations to be completed by mail. 2. Home visits for re examinations rather than requiring participants to come into the office. 3. Allowing an additional bedroom on the voucher to store necessary medical equipment. 4. Approving a higher payment standard for a unit that meets the special needs of the tenant. This includes approving a higher payments standard for a household with a gross rent burden greater than 50% who is unable to move to a new unit. 5. Allowing a higher utility allowance for medical equipment. 6. Allowing a PHA approved live in aide. 7. Permitting an advocate to participate in the re exam or application process. 8. Providing housing information in Braille. 9. Providing an interpreter for a hearing impaired participant. 10. Consideration of circumstances, such as failure to appear for appointments or other actions, or failure to act, that would normally result in termination of assistance, may be the result of a disability rather than a willful act Westchester Training 82

83 What is a Reasonable Modification? A Reasonable Modification is defined by HUD as: A structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. This can include common and public use areas. A request for a reasonable modification may be made at any time during the tenancy... It is unlawful for a housing provider or homeowners association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises. As with reasonable accommodations, there must be an identifiable relationship, between the requested modification and the individual s disability. Such as widening doorways to make rooms more accessible for persons in wheelchairs; installing visual smoke alarms for the hearing impaired; adding a ramp to make a primary entrance accessible for persons in wheelchairs; or altering a walkway to provide access to a public or common use area. While the housing provider must permit the modification, the tenant is responsible for paying the cost of the modification. In addition the housing provider may require that the tenant return the structure to its original state, at the tenant s cost upon move out. If a tenant is residing/will reside in public housing, tax credit housing or other housing publicly funded the owner may be obligated to pay for the cost of modification. Source; Owner Protections for reasonable modifications A landlord cannot charge a higher security deposit to persons with disabilities; however, it is permissible for the landlord to negotiate that funds be placed in an interest bearing escrow account, not to exceed the cost of unit restoration. A landlord may require the provision of a reasonable description of work, assurances that that the work will be done in a workman like manner, and that necessary permits be secured as a condition permission for a modification. The tenant must ask permission to put any alteration into place, as may be required by the lease. A disability diagnoses does not entitle the tenant to make changes to rented units without prior permission of the property provider. A housing provider is entitled to obtain information that is necessary to evaluate whether a modification may be necessary because of a disability. If a person s disability is obvious, or otherwise known to the housing provider, and if the need for the requested modification is also readily apparent or known, then the provider may not request any additional information about the requester s disability or the disability related need for the modification. If the requester s disability is known or readily apparent to the provider, but the need for the modification is not readily apparent or known, the provider may request only information that is necessary to evaluate the disability related need for the modification Westchester Training 83

84 Examples of Reasonable Modifications Example 1: A tenant requires the use of a wheelchair for mobility. As such, in order to access his rental unit he will need a ramp installed on the outside entrance which currently has stairs. He requests that he be permitted to install a ramp. The landlord may require that the ramp be removable (i.e. fit over the current stairs) or that the tenant restore the stepped entrance upon move out. The landlord may not refuse the alteration. Example 2: A deaf tenant asks her housing provider to allow her to install extra electrical lines and a cable line so the tenant can use computer equipment that helps him communicate with others. If the tenant s disability is known, the housing provider may not require her to document his disability; however, since the need for the electrical and cable lines may not be apparent, the housing provider may request information that is necessary to support the disability related need for the requested modification. Example 3: A tenant has developed a condition which causes him to sweat excessively. As such he needs to do multiple loads of laundry each day to maintain a professional appearance at work. The unit does not have a washer/dryer, and the lease forbids use of portable washer/dryers. Upon request the landlord must allow a reasonable modification to install a washer dryer OR a reasonable accommodation to permit the tenant to utilize a portable washer/dryer. Additional water/utility charges would be at the tenant s expense as would purchase/installation costs Reviewing requests for Accommodation and Modification Each request for Accommodation or modification must be considered on a caseby case basis. Though documentation/certification may be requested from medical professionals, Actual medical records should not be reviewed. Agency cannot ask: If person has a disability (unless necessary to determine program eligibility). The nature and extent of any disability. Any question that requires waiving or disclosing medical condition or history. Whether any family member has a disability. A person has the right not to disclose that he/she has a disability, but must be given the opportunity to disclose a disability if appropriate. An agency cannot require that a tenant be able to live independently. Agency can ask: Does the head of household or spouse meet the definition of disabled to qualify as a disabled household? Does the family qualify for waiting list preference based on disabled status? Does the family require a reasonable accommodation to participate in briefings, interviews or hearings? Documentation demonstrate that good faith and individual consideration was given to each request, alternatives were adequately considered, and the requesting family participated in the process Westchester Training 84

85 Limited English Proficiency(LEP) Persons with Limited English Proficiency must have meaningful access to Federally Assisted Programs. Steps must be taken to ensure that LEP persons have this meaningful access to programs and activities. LEP qualifying persons/populations, do not speak English as their primary language and have limited ability to read, write, speak, or understand English. Includes applicants and program participants. Includes all family members. PHAs are obliged to provide language services: Oral translation either in person or by telephone. Written translation. Quality and accuracy of translation services should be evaluated. PHAs may use community partners and informal translators to provide services 16 9 Filing a Fair Housing complaint: HUD will notify the tenant when it receives the complaint and typically will: Notify the alleged violator of the complaint and permit that person to submit an answer. Investigate the complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated. Notify them if it cannot complete an investigation within 100 days of receiving the complaint Conciliation HUD will try to reach an agreement with the person the complaint is against (the respondent). A conciliation agreement must protect both complainant and the public interest. If an agreement is signed, no further action will be taken on the complaint. However, if HUD has reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit. Often HUD will refer cases to NYS Division of Human Rights (DHR) as they have the same fair housing powers as HUD, and will notify the tenant of the referral. DHR must begin work on the complaint within 30 days or HUD may take it back. If, after investigating your complaint, there is reasonable cause to believe that discrimination occurred, it will inform the tenant. The case will be heard in an administrative hearing within 120 days, unless complainant or the respondent want the case to be heard in Federal district court. Either way, there is no cost to the tenant Westchester Training 85

86 The Administrative Hearing: If the case goes to an administrative hearing attorneys will litigate the case on the tenant s behalf. The tenant may intervene in the case and be represented by their own attorney, if they wish. An Administrative Law Judge (ALA) will consider evidence from both tenant and respondent. If the ALA decides that discrimination occurred, the respondent can be ordered: To compensate the tenant for actual damages, including humiliation, pain and suffering. To provide injunctive or other equitable relief, for example, to make the housing available to the tenant To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $65,000 for a third violation within seven years. To pay reasonable attorney's fees and costs. Other Tools to Combat Housing Discrimination: If there is noncompliance with the order of an Administrative Law Judge, HUD/DHR may seek temporary relief, enforcement of the order or a restraining order in a United States Court of Appeals. The Attorney General may file a suit in a Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring Applicable Laws Fair Housing Act provided for equal housing opportunities regardless of race, creed, or national origin Title VI of the Civil Rights Act of 1964 outlawed major forms of discrimination against racial, ethnic, national and religious minorities and women. Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial assistance Executive Order (1962) prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds. Section 504 guarantees certain rights to people with disabilities. Americans with Disabilities Act (ADA) prohibits, under certain circumstances, discrimination based on disability Westchester Training 86

87 Forms Thank you! Questions? David Gleich Sr. Associate (617) phone (813) fax 2309 S. MacDill Avenue Suite 200 Tampa, FL Westchester Training 87