Page 2 June 13, /s/ Sara Shortt Sara Shortt Executive Director Housing Rights Committee of San Francisco

Page 2 June 13, 2014 /s/ Sara Shortt Sara Shortt Executive Director Housing Rights Committee of San Francisco /s/ Jennifer Willis Jennifer Willis Subsidized Housing Advocate Housing Rights Committee of San Francisco

Response to Invitation for Public Comments 2014 Annual Planning Process SFHA Housing Choice Voucher Administrative Plan Chapter 2 Fair Housing and Equal Opportunity 2-I.B. NONDISCRIMINATION Include the additional California law prohibitions against discrimination on the basis of ancestry and source of income. 2-I.B. NONDISCRIMINATION Providing information to families and owners In this list of protected classes, we also recommend including the additional California law prohibitions against discrimination on the basis of ancestry and source of income. 2-I.B. NONDISCRIMINATION Discrimination Complaints There should be a procedure for updating the notices that are posted in SFHA public buildings so that notices with outdated information do not continue to stay up for long periods of time. This information should be posted in multiple languages. 2-II.A. OVERVIEW Update information for contact person for reasonable accommodation request should be posted in multiple languages. 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION The definition as set forth in the ACOP 2-II.B, which quotes the Joint Statement of the Departments of HUD and Justice should be incorporated as it provides a more compete definition of reasonable accommodation. 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS SFHA should affirmatively offer alternative forms of communication. 2-II.G. PHYSICAL ACCESSIBILITY What is the PHA Plan which is referred to in the final bullet point? Is this the formal

title of the document? 2-II.H. DENIAL OR TERMINATION OF ASSISTANCE Include the following language to conform with the parallel chapter in the ACOP. In addition, the PHA must provide reasonable accommodations for persons with disabilities to participate in the hearing process. [24 CFR 966.56(h)]. Exhibit 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS Persons who objectively pose a direct threat or substantial risk of harm... should not be excluded from the definition of a person with disabilities; rather, such cases might instead be addressed as an exception to the SFHA's requirement to grant certain reasonable accommodations. Chapter 3 Eligibility 3-I.M. LIVE-IN AIDE "The PHA SFHA will notify the family of its decision in writing within 30 calendar days of receiving a request for a live-in aide, including " If the RA is not decided within 30 days, the tenant should be able to receive a hearing with the property manager and a formal hearing if the issue is not resolved at the informal hearing. Currently, there is no enforcement mechanism for this provision; RAs are not decided within 30 days and it presents a hardship on the family to wait longer than 30 days, and in some cases months. The only enforcement mechanism at this time is filing a fair housing complaint with HUD. Chapter 4 Applications, Waiting List and Tenant Selection 4-II.B. ORGANIZATION OF THE WAITING LIST If there is any interaction between the HCV waitlist and the site-specific waiting lists under RAD, indicate here how that interaction will play out. Permit opportunity for public comment on this section once developed. 4-II.C. OPENING AND CLOSING THE WAITING LIST Reopening the Waiting List "The PHA will give public notice by publishing the relevant information on the SFHA website, in addition to in suitable media including but not limited to: 2

4-II.F. UPDATING THE WAITING LIST In addition to residential mail, PHA should send update requests to any email on file for the family to ensure a higher receipt and response rate. 4.III.B. SELECTION AND HCV FUNDING SOURCES Special Admissions "In these cases, the PHA may admit such families whether or not they are on the waiting list, and if they are on the waiting list, without considering the families position on the waiting list, except in relation to the waitlist position of other families on the waitlist who also qualify as a specifically-named family." What is "FUD"? Chapter 5 Briefings and Voucher Issuance 5-I.B. BRIEFING Notification and Attendance It would be helpful to families, and might increase attendance, to require a minimum number of days' notice of eligibility hearings (e.g., provide that notices are to be mailed at least 15 days in advance of hearing). 5-I.C. FAMILY OBLIGATIONS Family Obligations " [Bullet] The family must supply and reasonable, relevant information requested by the PHA to verify that the family is living in the unit " 5-II.B. DETERMINING FAMILY UNIT SIZE Per earlier communication with the SFHA, we understood that the following change had been made to the Administrative Plan, but do not see that change incorporated here: "Children of the opposite sex, other than those under 5 years old, may not be required to occupy the same bedroom or living/sleeping room." In support of that addition, we reiterate the following reasoning: Under HUD regulations and the SFHA Administrative Plan, the subsidy standards applied by SFHA must be consistent with space requirements under HUD s Housing Quality Standards. i In accordance with these standards, dwelling units must have at least one bedroom or living/sleeping room for each two persons, and children of opposite sex, other than very young children, may not be required to occupy the same bedroom or 3

living/sleeping room. ii Voucher-size reductions that require children of the opposite sex (very young children excluded) to share a bedroom thus violate both the SFHA Administrative Plan and HUD regulations themselves. iii In addition, the SFHA may not reduce vouchers in violation of these requirements even in response to budget shortfalls. Rather, in the face of shortfalls, the Housing Authority may only reduce standards that exceed minimum HUD requirements. iv Vouchers may not be reduced so as to require that children of the opposite sex (other than the very young) occupy the same bedroom or living/sleeping room. v The SFHA Administrative Plan, which states that the SFHA may implement procedures in the face of funding shortfalls resulting from Congressional action through the Federal Appropriations process including [a]djusting Occupancy Standards to reflect a basic two persons per bedroom regardless of age or sex or relationship policy, is at odds with these rules. vi In addition, the SFHA may not force households to count living rooms as bedrooms in determining voucher size. There is no provision in the SFHA Administrative Plan that allows for counting for living rooms as bedrooms. Further, in addressing subsidy standards and voucher-size determinations, the SFHA Administrative Plan repeatedly references bedrooms and provides a chart for use in showing the number of people in a household and the corresponding, allowable number of bedrooms. vii Similarly, a recent memorandum from HUD s Office of General Counsel clearly states: A key principal of subsidy standards is that the voucher is always tied to the number of bedrooms needed by the family. There are no HCV statutory, regulatory or administrative authority that considers a living room a bedroom. viii The memorandum from General Counsel goes on to state, [u]nder no circumstances may a PHA compel a family to have its family member(s) reside in a living room or accept fewer bedrooms than what the family needs. ix In light of the applicable provisions and guidance, SFHA vouchers may not be reduced to a level that requires families to use living rooms as bedrooms. 5-II.D. VOUCHER ISSUANCE " However, the PHA does not have any liability to any party by issuance of the voucher, and the voucher does not give the family any right to participate in the PHA's housing choice voucher program." The family is likely to rely on the issuance of the voucher in making living arrangement plans, etc. so it would be useful to provide some restrictive criteria on when the SFHA may take away an issued voucher in this context. In addition, if the SFHA has sufficient information prior to issuance of a voucher that there is insufficient funding to issue a 4

voucher, the voucher should not be removed from the family even if the SFHA does not actually make a determination of insufficient funds until after issuance. 5-II.E. VOUCHER TERM, EXTENSIONS, AND SUSPENSIONS Extensions of Voucher Term Where vouchers (or the funds supporting particular vouchers) will be returned to the pool of money to support the issuance of a new voucher to an individual on the waitlist, it may make sense to have a 180-day limit on extensions. However, where expired vouchers will not be replaced by vouchers issued to individuals on the waitlist, and will instead result in a decrease in the number of vouchers available, there should not be a firm limit placed on voucher extensions. Which typically occurs? Chapter 9 General Leasing Policies Section 9-I.B. REQUESTING TENANCY APPROVAL Under PHA Policy Change Completed RTA (including the proposed dwelling lease) must be submitted as hard copies, in-person, by mail, or by fax. to Completed RTA (including the proposed dwelling lease) must be submitted as hard copies, in-person, by mail or email attachment, or by fax. Section 9-I.F. TENANCY APPROVAL Under PHA Policy Again, add or email attachment to the list of ways a Correction to the RTA can be submitted (paragraph 3). Section 9-I.H. CHANGES IN LEASE OR RENT Request for clarification on new language re: Terminated the tenancy. If the requested rent is not found to be reasonable, the owner must either reduce the requested rent increase, or give the family notice terminate the tenancy in accordance with the terms of the lease and any other applicable federal, state and local laws. Chapter 11 Reexaminations 11-I.E. EFFECTIVE DATES Where increase will result: 5

"If the PHA chooses to schedule an annual reexamination for completion prior to the family's anniversary date for administrative purposes, the effective date will be determined by the PHA, but will always allow for the 30-day notice period, and will not be sooner than had the family waited until the required deadline to complete the annual reexamination." Where decrease will result: "If the PHA chooses to schedule an annual examination for completion prior to the family's anniversary date for administrative purposes, the effective date will be determined by the PHA, but the effective date shall not be after the anniversary date." "Delays in reexamination processing are considered to be caused by the family if the family fails to provide information requested by the PHA by the date specified, the reason for said failure is within the control of the family, and this delay prevents " 11-3.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES As with changes in the payment standard, changes in the subsidy standard polices that reduce the voucher-size for which families are eligible often result in significant increases in the tenant rent amount. In light of this, as is required for changes in the payment standard, significant advance notice should be provided to families before their voucher-size is reduced absent any actual change in family composition. To this end, in adopting any policy for voucher-size reductions, SFHA should look to 24 C.F.R. 982.505 and section 6-III.C of its own Administrative Plan governing the application of payment standards. Decreased payment standards are to be applied at the effective date of the family s second regular reexamination following the effective date of the decrease in the payment standard.x At the first annual reexamination following the effective date of the decrease in the payment standard, families are to be advised that the lower payment standard will go into effect at the next regular reexamination.xi Adopting a similar approach for voucher-size reductions would allow families a more reasonable timeframe in which to find alternate accommodations or otherwise absorb significant increases in rent associated with voucher-size reductions. Chapter 12 Termination of Assistance and Tenancy 12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE Reasonable Accommodation PHA It seems that the decision as to whether the "behavior is related to the disability" and "whether alternative measures are appropriate" are decisions that require medical expertise and not administrative decisions. The SFHA should rely on medical 6

professionals to make these determinations. The RA should be granted if there is sufficient documentation showing from knowledgeable medical provider. Suggested language: "The SFHA will determine whether a reasonable accommodation is appropriate." (from HCV 3-III.E. Reasonable Accommodation) 12-III.C.EVICTION PHA Add: Owner must serve a copy of the termination notice on the SFHA at the same time as on the tenant. Chapter 14 Program Integrity 14.II.B. FAMILY-CAUSED ERRORS AND PROGRAM ABUSE Prohibited Actions PHA Policy Payment to the owner in excess of amounts authorized by the PHA for rent, security deposit, and additional services. Language be added clarifying that this is not evidence of family program abuse if the family was coerced into making the payment by the landlord, especially under threat of eviction or discontinuation in the Section 8 program. Also add language specifying that the owner must return the overpayments to the family. LEP Plan 3.2. LANGUAGE ASSISTANCE SFHA will take affirmative reasonable steps to provide the opportunity for meaningful access to LEP client... 3.2.1.WRITTEN TRANSLATION Translation Certification Document must be in the client's native language as a vital document. We recommend that the client sign both the English and primary language documents, and that SFHA maintain a primary language version in the file as well as provide a copy for the client's records. We believe this will be the best way to prevent situations in which SFHA simply tell clients to sign the translation certification document without providing explanation or translation. 3.2.2 ORAL INTERPRETATION 7

InterpretationCertificationDocumentandthewaiveroffreeinterpreterservicesmust beintheclient'snativelanguageasavitaldocument i 24CFR982.54(a);SFHAAdministrativePlan 5 II.B ii 24CFR982.401(d)(2) iii Itshouldbenotedthatfamiliesmayelecttoroomchildrenoftheoppositesextogether,butthisrequirementmay notbeimposedbythesfha,throughvoucher sizereductionsorotherwise. iv PIH2011 28(4)(i) v 24CFR982.401(d)(2);PIH2011 28(4)(i) vi SFHAAdmin.Plan 12 I.E vii SFHAAdmin.Plan 5 II.B viii SeeMemorandumfromChung yiu Andrew Lee,OfficeofGeneralCounsel,AssistedHousingDivision,toLaure Rawson,OfficeofPublicandIndianHousing,OfficeofVoucherManagementOperations(June25,2013). ix Id. x 24CFR982.505(3);SFHAAdmin.Plan 6 III.C xi 24CFR982.505(3)ii;SFHAAdmin.Plan 6 III.C 8

Response to Invitation for Public Comments 2014 Annual Planning Process SFHA ACOP Chapter 2 Fair Housing and Equal Opportunity 2-I.B. NONDISCRIMINATION Include the additional California law prohibitions against discrimination on the basis of ancestry and source of income. 2-I.B. NONDISCRIMINATION Discrimination Complaints There should be a procedure for updating the notices that are posted in SFHA public buildings so that notices with outdated information do not continue to stay up for long periods of time. "The SFHA will investigate and attempt to remedy discrimination complaints made against the SFHA." 2-II.A. OVERVIEW Update information for contact person for reasonable accommodation request at regular periods. ACOP should include provisions for how often this information will be updated. 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS Add: SFHA should affirmatively offer alternative forms of communication. 2-II.G. PHYSICAL ACCESSIBILITY What is the PHA Plan which is referred to in the final bullet point? Is this the formal title of the document? Exhibit 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS. Persons who objectively pose a direct threat or substantial risk of harm... should not be excluded from the definition of a person with disabilities; rather, such cases might instead be addressed as an exception to the SFHA's requirement to grant certain reasonable accommodations.

Chapter 3 Eligibility 3-I.E. SPOUSE, COHEAD, AND OTHER ADULT "Spouse means the marriage partner of the head of household." This definition should include Registered Domestic Partners. 3-I.M. LIVE-IN AIDE (Last sentence) "For continued approval, the family must submit a new, written request subject to the SFHA verification at each annual reexamination." In cases of permanent disability, the SFHA should assume that the need for the live-in aide has not changed. The SFHA can ask for verification of continued need, but should not require the tenant to submit a new written request every year. Submitting a new request each year may be a substantial burden on a disabled tenant. "Within 30 calendar days of receiving a request for a live-in aide, including all required documentation related to the request, the PHA will notify the family of its decision in writing. " If the RA is not decided within 30 days, the tenant should be able to receive a hearing with the property manager and a formal hearing if the issue is not resolved at the informal hearing. Currently, there is no enforcement mechanism for this provision; RAs are not decided within 30 days and it presents a hardship on the family to wait longer than 30 days, and in some cases months. The only enforcement mechanism at this time is filing a fair housing complaint with HUD. 3-III.E. CRITERIA FOR DECIDING TO DENY ADMISSION Reasonable Accommodation "If the family indicates that the behavior of a family member with disability is the reason for the proposed denial of admission, the SFHA will determine whether the behavior is related to the disability. If so, upon the family's request, the SFHA will determine whether alternative measures are appropriate as a reasonable accommodation. " It seems that the decision as to whether the "behavior is related to the disability" and "whether alternative measures are appropriate" are decisions that require medical expertise and not administrative decisions. The SFHA should rely on medical professionals to make these determinations. The RA should be granted if there is sufficient documentation showing from knowledgeable medical provider. Suggested 2

language: "The SFHA will determine whether a reasonable accommodation is appropriate." (from HCV 3-III.E. Reasonable Accommodation) Chapter 4 Applications, Waiting List and Tenant Selection 4-I.D. PLACEMENT ON THE WAITING LIST To the extent the HCV waitlist will feed to the 41+ site-based waitlists under RAD, a description of that process should be incorporated here. 4-I.D. PLACEMENT ON THE WAITING LIST Eligible for Placement on the Waiting List "The SFHA will assign families on the waitlist according to the bedroom size(s) for which a family qualifies " 4-II.B. ORGANIZATION OF THE WAITING LIST "The PHA must obtain approval from HUD through submission of its Annual Plan before it may offer site-based waiting lists " It is important that the rules governing site-based waitlists under RAD described in detail in writing and available for full public review and comment prior to HUD approval. Describe any interaction between HCV waitlist and site-based waitlists under RAD. 4-II.C. SITE BASED WAITING LISTS Clarify whether this section will apply to RAD site-based waitlists. "When there are insufficient applicants on a site-based waiting list, the PHA will contact applicants on all other waiting lists who may qualify for the type of housing with insufficient applicants " Provide clarification of the order in which applicants on other waitlists will be contacted. 4-II.D. OPENING AND CLOSING THE WAITING LISTS Reopening the Waiting List "The PHA will give notice by publishing the relevant information in suitable media outlets, through appropriate local non-profits and agencies, and on its website." 4-II.G. UPDATING THE WAITING LIST Purging the Waiting List 3

"To update the waiting list, the will send an update request via first class mail or and email (if an email address is provided to the SFHA) to each family on the waiting list to determine whether the family continues to be interested in and to qualify for the program. This update request will be sent to the last residential address residential or email, and, if available, email address, that the SFHA has on record " "The family's response must be in writing and may be delivered Responses should be postmarked or received by the SFHA not later than 10 business days from the date of that the SFHA's original correspondence. is mailed." "If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice. In no case will an applicant who has also been contacted by email be removed before the 15 day period has elapsed." 4-III.B. SELECTION METHOD Units Designated for Elderly or Disabled Families [24 CFR 945] "The decision of any disabled family or elderly family not to occupy or accept occupancy in designated housing shall not have an adverse effect on their admission or continued occupancy in public housing or their position or placement on the waitlist " Does this protection apply to RAD units in designated housing? 4-III.B. SELECTION METHOD Deconcentration of Poverty and Income Mixing Steps for Implementation "A family has the sole discretion whether to accept an offer of a unit made under the PHA's deconcentration policy. The PHA must not take any adverse action toward any eligible family for choosing not to accept an offer of a unit under the PHA's deconcentration policy." Is there a requirement that the SFHA provide notice so that a family is made aware when they are being offered a unit under the deconcentration policy and is informed of their right not to accept? Chapter 5 Occupancy Standards and Unit Offers 5-I.B. DETERMINING USE SIZE Consistent with HUD's Public Housing Guidebook (2003) and the rules governing HCV housing add a provision to ACOP, as follows: Children of the opposite sex, other than the very young, may not be required to occupy the same bedroom or living/sleeping room. 4

In addition, consistent with HUD guidance for HCV programs, living rooms should not be counted as bedrooms/sleeping rooms when determining unit size for a family. 5-II.C. TIME LIMIT FOR UNIT OFFER ACCEPTANCE OR REFUSAL "Applicants must accept or refuse a unit offer within five (5) business days of the later of (1) the date of the unit offer or (2) the date on which the family is permitted to see the offered unit." Chapter 8 Leasing and Inspections 8-I.B. LEASE OPERATION All the documents that families are provided with at the lease orientation should be listed as vital documents to be translated (if they are not already) and should be made available to LEP families in their primary language. Oral interpretation must be made available for the topics to be discussed and explained to all LEP families. 8-I.D. MODIFICATIONS TO THE LEASE A resident s refusal to accept permissible and reasonable lease modifications that are made in accordance to HUD requirements, or are required by HUD, is grounds for termination of the tenancy. Clarify whether modifications are to be made to the general lease used by all the properties, to individual leases, or to both. Do changes to the general lease have to occur during the Annual Plan process and thus be subject to comment? 8-I.D. MODIFICATIONS TO THE LEASE Modifications to the Lease "The family will have 30 calendar days after effective date of the lease revision to accept the revised lease." Proper notice that is included in the resident file should be in the tenant's native language if tenant is LEP. 8-I.E. SECURITY DEPOSITS For security deposit charge disputes, clarify whether the tenant has right to grieve the amount charged. 5

8-I.F. PAYMENTS UNDER THE LEASE Late Fees, Repayment Agreement and Nonpayment As discussed previously with the Community Partners, we consider the $10 late fee a liquidated damages clause that does not necessarily reflect the administrative cost of processing a late rent payment. 8-I.F. PAYMENTS UNDER THE LEASE IV. 3 RD Party Money Management Requirement A 'direct payment program' is one where the third party, to be determined by, approved by the SFHA." This modification will allow tenants to maintain some flexibility in using such money management programs while preserving SFHA's ability to determine whether the tenant proposed program is sufficient. 8-I.F. PAYMENTS UNDER THE LEASE V. Dispute of Rent Amount Specify that requests for meeting must be in writing to the manager. 8-I.F. PAYMENTS UNDER THE LEASE VI. Hearing Extend that period to request a hearing to coincide with the expiration of the notice. 8-I.F. PAYMENTS UNDER THE LEASE VII. Housing Retention Agreement Recommend using consistent terms throughout the paragraph. The same agreement is seemingly alternately referred to as housing retention agreement and repayment agreement. 8-I.F. PAYMENTS UNDER THE LEASE VIII. Refusal to Pay Rent or Balance Owed Any break of the agreement willmay result in eviction. 8-I.F. PAYMENTS UNDER THE LEASE Late Fees, Repayment Agreements and Nonpayment The 14-Day Notice cannot include the late fees. The ACOP should provide that property managers will consider waiver of the late fee in 6

instances of financial hardship. 8-I.F. PAYMENTS UNDER THE LEASE Excess Utility Charges and Maintenance and Damage Charges Both of these sections make reference to a schedule of special charges. This schedule should be included as an appendix to this document. 8-II.B. TYPES OF INSCPETIONS Quality Control Exceptions Use of the word acceptable is vague. Recommended language:...repairs were completed at a professional an acceptable level of craftsmanship and within an acceptable a reasonable time frame. 8-II.C. NOTICE AND SCHEDULING OF INSPECTIONS Consistent with state law, entry to make repair requested by the tenant should require at least 24 hours written notice to the tenant. 8-II.D. INSPECTION RESULTS Non-Emergency Repairs Is it grievable if SFHA does not comply with the timeline for repair nor provide an estimated date of completion? If not, it should be grievable and the ACOP should state as such. Chapter 10 Pets 10-I.A. OVERVIEW Assistance animals that are needed as a reasonable accommodation for persons with disabilities are not considered pets, and thus, are not subject to the PHA s pet policies described in Parts II through III of this chapter. This language conflicts with the following section under 10-I-B. Approval of Assistance Animals, which reads [a]ll tenants must still comply with all aspects of this Pet Policy, and should be rectified. 10-III.C. STANDARDS FOR PETS Definition of "Common Household Pet" 7

This section seems to place overbroad restrictions on pets, excluding, for example, turtles, hamsters, and guinea pigs as pets. Redraft to restrict fewer potential pets. 10-III.C. STANDARDS FOR PETS Pet Restrictions Individuals with disabilities who have service animals belonging to the newly banned breeds (Pit Bull, Rottweiler, Chow, or Boxer breeds) should not be forced to get rid of their animals. Tenants with pets of these breeds should not be forced to get rid of the pet if it was previously approved by SFHA. 10-III.D PET RULES Termination of Tenancy The pet rule violation is sufficient to begin procedures to terminate the tenancy under terms of the lease. What is sufficient under this clause? Chapter 12 Transfer Policy Please see Attachment 1. The following comments relate to the Grievance Procedure in the context of RAD: Norescreeningbythereceivingowner/developerintheemergencytransfer.Tenants referredonemergencybasisshouldnotberescreenedorexcludedforthingslikebad credit,outstandingdebttopha,criminalhistory,evictionrecords,etc.currently, advocatesexperienceproblemswithtransferringtenantsonemergencybasisbetween publichousingunitsmanagedbyprivatedevelopersunderhopeviprojectduetothe above mentionedissues.dvsurvivorsareroutinelydeniedemergencytransfersdueto outstandingdebt.developersalsokeepevictionrecordsfortenantsandsharethose amongproperties.asaresult,evenifthetenantobtainscourtorderre restrictingthe courtevictionrecord,thedevelopercanusetheirinternalrecordstosupportdenyinga tenantwhoisseekinganemergencytransfer. Nonewsecuritydepositrequired.Arrangefortransferofoldsecuritydeposittonew ownerandallowadelayof30daysbeforenewownercancollectsdtogivet21+days togetbackfrompriorlandlordasperstatelaw. Rewordentirechaptertomakeitapplytoprivateandnon profitowners/managersof RADproperties,notjustSFHA/PHA.Replace PHA and SFHA with developer or owner throughouttheacopasappropriate. OthergeneralissuesthatoughttobeaddressedinthetransferpolicybecauseofRAD: 8

Atransferresidentshouldbeabletofileagrievanceifanownerdeclinestoactonthe transferorrejectsthetransfer.itisimportantthatthetransferresidentisnottreated asanapplicantandthereforeonlygetsaninformalreviewandnotafullgrievance hearing. SFHAshouldberequiredtoreviewandactonarequestforemergencytransferwithin 5days.Ownersshouldberequiredtoactonareferralofanemergencytransferwithin 5days. ThetransferpolicyshouldacknowledgethatSFHAcontrolsthewaitinglistforRAD propertiesandrefersapplicantstotheowners. Theobligationofaresidentoccupyingaunitthatisaccessibletomovewhena residentorapplicantneedstheaccessiblefeaturesmustbeplacedintheresidentlease. [NotethereislanguageintheFormLeasefortheHUDMultifamilyunitsonthisissue.] A transfer request by a victim of domestic violence should be listed in the list of categoriesforemergencytransfers(notlimitedtoradcontext).thereislanguagein the VAWA 2013 Act regarding emergency transfers, which could be copied and used here. Chapter 13 Lease Terminations 13-III.E. CRITERIA FOR DECIDING TO TERMINATE TENANCY Consideration of Rehabilitation This section previously allowed the SFHA to consider a family member's participation in a drug or alcohol rehabilitation. The 2014 proposed changes removed "current participants" from this section. Current participation should continue to be considered in making the termination decision and should weigh in the tenant's favor. Terminating one who is in a program but has not completed a program will only undermine one's efforts to recover and comply with the program. So long as the tenant can provide proof of participation in the program and continued compliance with the program, it should be sufficient proof of rehabilitation for the purposes of this section. Chapter 14 Grievances and Appeals Please see Attachment 2. The following comments relate to the Grievance Procedure in the context of RAD: There should be a singular grievance policy that applies to all RAD and SFHA residents. This policy should be made available to all tenants and incorporated into the ACOP. As it stands, there are HOPE VI site that reference a grievance procedure addendum in their 9

leases, but tenants regularly report never having received a copy such a grievance procedure (and this policy has often not been produced in discovery in response to our requests), so it is important that this be accessible. Hearing officers for formal grievance hearings should continue to been appointed as per the existing SFHA policy, with resident input. Staff, employees and agents of the PHA should not be assigned as SFHA hearing officers. LEP and reasonable accommodation exceptions should apply to the Grievance policy and should be stated throughout the document. Under RAD, the grievance procedures should clearly explain how and where to submit the hearing request, the SFHA or the property manager/developer. Should all hearing requests go to the SFHA? Chapter 17 - Common Areas 1-I.B. Paragraph 4. What are the consequences of the failure to report? What is the effect of the report on the offending tenant? 1-I.B. Paragraph 6. The responsibility to enforce the non-smoking policy should not be placed on tenants while the SFHA is absolved of any enforcement responsibility. Failure to report should not be considered in a breach of the lease. 1-I.B. Paragraph 7. Clarify such that failure or refusal to report is not considered a material or continuing breach of the lease or grounds for termination. II-I.C. SECURITY DEPOSIT AND FEES The ACOP should provide that the property manager will do a walkthrough with the tenant booking the Community Room prior to the event, as well as after the event, and expectations regarding the condition of the Room after the event will be clearly communicated in writing to the tenant at the time of booking. V-I.F. TENANT ASSOCIATION EXCEPTION Recommend that this paragraph include language that SFHA shall not unreasonably deny use of the Community Room for Tenant Association meetings and sponsored events. Chapter 18 Rental Assistance Demonstration 10

ItiscriticalthattherightsandresponsibilitiescontainedwithintheAdminPlanand ACOP also be incorporated into other documents, e.g. ground leases, to ensure that privateandnon profitownersanddevelopersareboundbythemalongsidethesfha and tenants. In addition, the governing documents, including this Chapter, should provide for a private right of action such that tenants can enforce their rights as againstowners/management. Throughout this Chapter, the words owner, agency administering contract, contractadministrator and PHA areusedindifferentinstancessuchthatitisnot always clear what party or agency is being referenced. Additional clarity would be useful. Section:CaponNumberofPBVUnitsineachProject Perthissection,"[o]ncetheinitialhouseholdresidingintheexceptedunitunderRAD vacates such unit, all PBV program requirements related to the required receipt of supportive services shall apply in accordance with 24 CFR 983.56, 983.257, 983.261(a) and(d)." The ACOP, and any other documents binding the ownership of RAD units should specify the acceptable range of supportive services and set forth a procedure for notifying residents of the supportive services available to them. In addition, to the extent that failure to comply with a supportive services requirement maybegroundsfortermination,adefinitionofsupportiveservicesrequirementshould beincorporatedintotheacop. Further,iftherequirementofparticipationinsupportiveservicesislimitedto50%of units in any particular development, clarity should be provided about how equitable determinations shall be made regarding which units and participants are bound by thisrequirement. MandatoryContractRenewal Consequently, 24 CFR 983.205(b) governing the PHA discretion to renew the Contractfortermofupto15years,willnotapply. A parallel provision should be included in the HAP contract with developers and perhapsincooperativeagreementamongstalltheparties. InitialContractRents WillSFHAretainauthoritytochangepaymentstandard?Areprotectionsneededfor existingtenantstopreventdisplacement? ResidentsRightsandParticipation NoRe screeningoftenantuponconversion 11

The proposed chapter reads,"[c]urrent households are not subject to rescreening, income eligibility, or income targeting provisions. Consequently, current households will be grandfathered for conditions that occurred prior to conversion but will be subject to any ongoing eligibility requirements for actions that occur after conversion." Whilefamilieswillbesubjecttoongoingeligibilityrequirements,theserequirements should be uniform across public housing and RAD developments, such that after transition, families are not subject to differing income, debt, or background check requirements at different RAD sites, where such requirements exceed what would be requiredbyfederalregulation. In addition, under RAD, there should be no rescreening for emergency transfers, reasonableaccommodationtransfers,ormandatoryadministrativetransfers. The proposed chapter states that "[t]he SFHA will make their best effort to appropriately size households throughout the conversion." This provision should be elaboratedupontosetforthaprocedurefortheright sizingofhouseholds,including provisions for dealing with off lease persons over and under housed households and proratahouseholds.thereshouldbeanopportunityforpublicreviewandcomment onthedetailsofthisprocessonceitisformallydeveloped. Right to Return Specify who pays for temporary relocation of the tenants. Is there a right for tenants to return to the same assisted unit at the development, so long as the unit is not the wrong size or needed to satisfy a reasonable accommodation request of another family? Phase inoftenantrentincreases Clarifymeaningof"purelyasaresultofconversion." " 3orto5years. PublicHousingFSSandROSSParticipants However,oncethepropertyisconverted,itwillnolongerbeeligibletobecounted towardstheunitcountforfuturepublichousingross SCgrants. Whatistheimplicationofthis? Resident'sProceduralRights Clarifywhoservesasthe"contractadministrator."IsthisSFHA? 12

The proposed chapter states,"[f]or any additional hearings required under RAD, the PHA (as owner) will perform the hearing. It would be useful to incorporate the additionalhearingrequirementsprovidedbyradintothischapterandtoclarifythat thesfhawillmanagethesehearingsaccordingtotheformalhearingprocedurelaid outintheacop. Insert "shall" after "(as owner)" in the two final paragraphs of this section, which begin"[t]hepha(asowner)." EarnedIncomeDisregard Under RAD, there will no longer be an Earned Income Disregard for non disabled persons.thisisasignificantchangeandthesfhaornewowners/managementunder RADshouldconducteducationandoutreachtotenantsonthischange. WaitingList The section addressing the waiting list provides only a very broad outline of what promises to be a very detailed and complex waitlist policy. During the Community PartnersAnnualPlanningSessiondiscussiontheRADchapter,significantdetailswere provided (that are not included in this Chapter) which addressed a wide range of questions,forexample: Who will manage waitlists? How many waitlists will there be? Can individuals be on all waitlists if they are currently on either HCV or PH waitlist? What is the process for adding people to 41-site based waitlists? What is the procedure for additional people who are not currently on any waitlist? Can they go straight to a site-based list? Will they first be processed through the HCV and PH waitlists? How many years' worth of applicants will be included on each waitlist? May a family refuse an offer of housing once they reach the top of a site waitlist? If they refuse, will it affect their placement on other waitlists? Will refusal of a unit constitute good cause for termination? How will openings on waitlists be noticed? The complete waitlist plan should be proposed in writing and be made available for publicreviewandcomment.thisshouldtakeplacebeforethe2015annualplanning process, such that comments can be incorporate before the implementation of the initialphaseofradinmid 2015. Changethefinalsentenceofthissectiontoread: 13

"Site basedwaitinglistsmayshallbeadministeredbythesfha.thesesite based waitinglistsmayincludebutarenotlimitedto:" Agreement Waiver What will there be instead of AHAP? Just the ground lease? Temporary Policy Addendum The addendum is stated to override existing ACOP. Tenants should have a right to comment on changes to the ACOP. LEP Plan 3.2. LANGUAGE ASSISTANCE. SFHA will take affirmative reasonable steps to pride the opportunity for meaningful access to LEP client... 3.2.1.WRITTEN TRANSLATION. Translation Certification Document must be in the client's native language as a vital document. We recommend that the client sign both the English and primary language documents, and that SFHA maintain a primary language version in the file as well as provide a copy for the client's records. We believe this will be the best way to prevent situations in which SFHA simply tell clients to sign the translation certification document without providing explanation or translation. SFHA Public Housing Order of Moves Chart PublicHousingOrderofMoves ReasonableAccommodationsandEmergency Mergeindateorderandexhaustcombinedlist Transfers EmergencyTransfers ExhaustListFirst3 AdministrativeNon emergencytransfers Next2 (excludingreasonableaccommodations) WaitingListinOrderofPreference Next5 StandardNon emergencytransfers Next1 Note:WhenofReasonableAccommodationsisexhausted,next10moveswillbereferredas follows: First3moveswillbeemergencytransfer, next2willbenon emergencytransfers, followedby5fromthewaitlistinorderofpreference 14

Emergency transfer requests, by definition, involve situations in which the basic health and safety of a tenant is at serious risk. To address this, both Reasonable Accommodations and Emergency Transfers should be exhausted before other categories on the list. The category of Non-Emergency transfers includes a broad array of conditions that might be effectively distinguished between by including separate categories for Administrative Non-Emergency Transfers and Standard Non-Emergency transfers, as above. It would be useful to include clarification of how this order of moves is to be applied. Is the order to be followed per vacant unit, with the SFHA returning to the top of the list each time a unit opens and working down it until an applicant accepts the unit? Or will the SFHA continue to move down the list as it fills units, returning to the top of the list once it reaches the bottom? 15

Attachment1

Chapter 12 TRANSFER POLICY INTRODUCTION This chapter explains the PHA s transfer policy, based on HUD regulations, HUD guidance, and PHA policy decisions. This chapter describes HUD regulations and PHA policies related to transfers in three parts: Part I: Transfers. This part provides an overview of Transfers.. Part II: Emergency Transfers. This part describes emergency transfers and emergency transfer procedures. Part III: Non-Emergency Transfers. This part describes types of transfers that may be required by the PHA, requested by the residents, eligibility requirements, and processing. The PHA may require the tenant to move from the unit under some circumstances. There are also emergency circumstances under which alternate accommodations for the tenant must be provided that may or may not require a transfer. The tenant may also request a transfer, such as a request for a new unit as a reasonable accommodation. The PHA must have specific policies in place to deal with acceptable transfer requests. AdmissionsandContinuedOccupancyPolicy2014 Chapter 12-1

PART I: TRANSFERS 12-I.A. OVERVIEW The PHA does not transfer any family to any particular apartment, community, neighborhood or development because of race, color, sex, religion (creed), disability, familial status, national origin, ancestry, sexual orientation, marital status, source of income, or age. Site managers shall administer occupancy transfers in such a manner as to minimize vacancy loss, minimize the time families are over housed or under housed (as determined under the PHA s occupancy guidelines), and still provide housing opportunities for new admissions. Transfers, whether to a PHA owned unit or to non-pha owned accommodations, shall not be deemed to waive an existing breach of the Rental Agreement by the Resident; and the PHA may pursue, or continue to pursue, any legal action and remedy against the Resident as if no transfer had been made. 12-I.B. TYPES OF TRANSFERS There are two types of transfers, Emergency and Non-Emergency. Depending on the reasons for transfer, each transfer may also be required or requested. 12-I.C. HANDLING OF REQUESTS Eligibilities for transfers are specified in the corresponding sections. The Transfer Coordinator Public Housing Director or his/her designee will determine the appropriate category of transfer and render a decision within fourteen (14) business days of its receipt. Each transfer category requires specific documentation to meet specific eligibility criteria. The Transfer Coordinator will document notification and will place the applicant on the appropriate Transfer Waiting List. Applicants will be placed on the appropriate Transfer Waiting List when documentation and eligibility criteria are met. Once the applicant is on the appropriate Transfer Waiting List, the Transfer Coordinator will send a status letter to the family (confirmation of Transfer Waiting Lists placement & number). If the Transfer Coordinator does not approve the transfer request, the family will be informed in writing of the specific reason(s) and provided the opportunity to appeal the decision. Appeals must be initiated with the Transfer Coordinator within 14-business days from receipt of notice. If the SFHA upholds its decision to deny the transfer request, AdmissionsandContinuedOccupancyPolicy2014 Chapter 12-2

the resident has the right to request a Fair Hearing as outlined in the Grievance Policy located in Chapter 14 of this ACOP. AdmissionsandContinuedOccupancyPolicy2014 Chapter 12-3

12-II.A. EMERGENCY TRANSFERS PART II: EMERGENCY TRANSFERS The following is considered an emergency circumstance warranting an immediate transfer of the tenant or family: Maintenance Conditions Maintenance conditions in the resident s unit, building or at the site that pose an immediate, verifiable threat to the life, health or safety of the resident or family members that cannot be repaired or abated within 24 hours, make the unit uninhabitable and were not caused by the resident family or their guest. Examples of an uninhabitable unit may include a unit affected by a flood, fire, and natural disaster. Verified Medical Condition To alleviate a doctor verified medical condition which is imminently life threatening or seriously impairs the health of the Resident or a Household Member (e.g., lead poisoning or amputation); or Threat of Real and Imminent Criminal Attack To protect a Resident or a Household Member from a factually verifiable or documented threat of real and imminent criminal attack that is specifically directed towards that Resident, Household Member or other occupant of the Residence. In making such a determination, the Executive Director or designee may consider facts and circumstances including, but not limited to, recommendations by the District Attorney or a sworn peace officer with a rank equivalent to an SFPD Detective II or higher attesting to the factual need for a transfer. Civil Rights Violation: Pattern of Physical and/or Extreme or Repeated Verbal Harassment 6/14/14 5:19 PM Comment: Wouldbeusefultoinclude examplesalongthelinesofmore conventionaluninhabitability,i.e.failed plumbing;extensivemold,etc. 5/8/14 2:08 PM Deleted: i.e. 5/8/14 8:47 PM Comment: Insertabroaderarrayof examples,includingsourceslikesocial workers,declarations(pervawa,etc)of victim,etc. An SFHA tenant who is the victim of physical harassment and/or extreme or repeated verbal harassment, which cannot be remedied in other ways, such as by SFHA, eviction of the people responsible for harassment or other action, may qualify for a transfer to another unit within the development or to another SFHA development, or other appropriate subsidized housing program. The SFHA will not approve an emergency transfer if the transfer will not resolve the emergency situation. If the dwelling unit is damaged to the extent that conditions are created which are hazardous to life, health, or safety of the occupants, the PHA must offer standard 5/8/14 3:34 PM Deleted: a Chapter 12-4 AdmissionsandContinuedOccupancyPolicy2014

alternative accommodations, if available, where necessary repairs cannot be made within a reasonable time [24 CFR 966.4(h)]. An emergency transfer is a transfer determined at the sole discretion of the Executive Director, or his/her designee and will be reviewed on a case by case basis. 12-II.B. REQUEST AND APPROVAL OF EMERGENCY TRANSFERS Except as provide below, all emergency transfer requests made by or on behalf of a Resident and all law enforcement recommendations shall be made in writing and submitted to the Property Office or Transfer Coordinator. Upon receipt of a request and all other required documentation, the PHA employee in receipt of the request shall immediately forward the relevant paperwork to the Executive Public Housing Director or his/her designee for a decision. In cases of extreme emergency, verbal requests, verbal recommendations and the verbal rendering of facts may be made directly to the Executive Director or his/her designee by law enforcement, code enforcement or other appropriate agency, upon which the Executive Director or his/her designee may act, provided that verbal assurances from law enforcement that all written documentation supporting the transfer will be submitted within 48 hours. 12-II.C. EMERGENCY TRANSFER LOCATIONS The PHA shall have sole discretion in determining whether an emergency transfer shall be a temporary housing accommodation and whether the transfer is permanent. 12-II.D. EMERGENCY TRANSFER PLACEMENT AdmissionsandContinuedOccupancyPolicy2014 Chapter 12-5

Emergency transfers have priority over all other transfers. Those approved for an emergency transfer shall be concurrently offered three units, if available, of suitable bedroom size at three different developments. The offered units shall be located in the development containing the most vacancies that meet the family s bedroom requirements and safety needs, except units within the development that the family currently occupies shall not be offered or counted as being offered. The family will have no more than three business days to inspect the units and accept an offer. Should the family accept the offer, the family will have five (5) business days from the date of acceptance to completely vacate the unit being transferred from and move into the unit being transferred to. If the unit is not yet ready at the time of acceptance, then the family shall have five days from the time the unit is ready for occupancy to move into it. Failure to do so will be deemed to have rejected the emergency transfer offer. Should the family fail to affirmatively accept one of the three offers, the Resident will be deemed to have rejected all offers and the PHA shall have no further obligation to offer additional units. 5/8/14 10:50 PM Deleted: the units offered, shall be those with 12-II.E. EMERGENCY CAUSED BY RESIDENT, HOUSEHOLD MEMBER, OR GUEST OF RESIDENT S FAMILY If the PHA determines that the Resident, Household Member, or a guest of the Resident s family created or caused the emergency, the Resident shall reimburse the PHA for any and all costs connected with the move. AdmissionsandContinuedOccupancyPolicy2014 Chapter 12-6