ADMINISTRATIVE PLAN - San Antonio Housing Authority

(4) The amount of the imputed welfare incomeis offset by the amount of additional income afamily receives that commences after the timethe sanction was imposed. When suchadditional income from other sources is atleast equal to the imputed(5) The PHA may not include imputed welfareincome in annual income if the family was notan assisted resident at the time of sanction.(d) Review of PHA decision.(1) Public housing. If a public housing tenantclaims that the PHA has not correctlycalculated the amount of imputed welfareincome in accordance with HUD requirements,and if the PHA denies the family's request tomodify such amount, the PHA shall give thetenant written notice of such denial, with abrief explanation of the basis for the PHAdetermination of the amount of imputedwelfare income. The PHA notice shall alsostate that if the tenant does not agree with thePHA determination, the tenant may request agrievance hearing in accordance with part 966,subpart B of this title to review the PHAdetermination. The tenant is not required topay an escrow deposit pursuant to Sec.966.55(e) for the portion of tenant rentattributable to the imputed welfare income inorder to obtain a grievance hearing on thePHA determination.(2) Section 8 participant. A participant in theSection 8 tenant-based assistance programmay request an informal hearing, inaccordance with Sec. 982.555 of this title, toreview the PHA determination of the amountof imputed welfare income that must beincluded in the family's annual income inaccordance with this section. If the familyclaims that such amount is not correctlycalculated in accordance with HUDrequirements, and if the PHA denies thefamily's request to modify such amount, thePHA shall give the family written notice ofsuch denial, with a brief explanation of thebasis for the PHA determination of the amountof imputed welfare income. Such notice shallalso state that if the family does not agree withthe PHA determination, the family mayrequest an informal hearing on thedetermination under the PHA hearingprocedure.(e) PHA relation with welfare agency.(1) The PHA must ask welfare agencies toinform the PHA of any specified welfarebenefits reduction for a family member, thereason for such reduction, the term of any suchreduction, and any subsequent welfare agencydetermination affecting the amount or term ofa specified welfare benefits reduction. If thewelfare agency determines a specified welfarebenefits reduction for a family member, andgives the PHA written notice of suchreduction, the family's annual incomes shallinclude the imputed welfare income because ofthe specified welfare benefits reduction.(2) The PHA is responsible for determiningthe amount of imputed welfare income that isincluded in the family's annual income as aresult of a specified welfare benefits reductionas determined by the welfare agency, andspecified in the notice by the welfare agency tothe PHA. However, the PHA is not responsiblefor determining whether a reduction of welfarebenefits by the welfare agency was correctlydetermined by the welfare agency inaccordance with welfare program requirementsand procedures, nor for providing theopportunity for review or hearing on suchwelfare agency determinations.(3) Such welfare agency determinations arethe responsibility of the welfare agency, andthe family may seek appeal of suchdeterminations through the welfare agency'snormal due process procedures. The PHA shallbe entitled to rely on the welfare agency noticeto the PHA of the welfare agency'sdetermination of a specified welfare benefitsreduction.© Copyright 2008 Nan McKay & Associates, Inc. Page 6-54Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.