ADMINISTRATIVE PLAN - San Antonio Housing Authority

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EXHIBIT 13-1: SUMMARY OF REQUIREMENTS UNDER THE PROTECTING TENANTSAGAINST FORECLOSURE ACT (PIH 2009-52)Note: This document provides a summary of requirements and responsibilities under theProtecting Tenants Against Foreclosure Act (PTFA). For more detailed information seethe following document(s): PIH Notice 2009-1724 CFR 982.310, Owner Termination of TenancyPub. L. 111-22, Preventing Mortgage Foreclosures And Enhancing Mortgage Credit Pub. L. 111-5, American Recovery and Reinvestment Act of 2009'42 U.S.C. 1437f (o)The immediate successor in interest, which is the party gaining ownership through aforeclosure sale, becomes subject to the HAP contract.There must be “good cause” other than vacating the property prior to sale in order toterminate the existing tenancy.If the immediate successor-in-interest will use the unit as a primary residence, the leasecan be terminated effective on the date of the sale with the tenant still entitled to aminimum of 90 days notice to vacate.If a PHA learns that the property is in foreclosure, the PHA must:Make all reasonable efforts to determine the status of the foreclosure and ownership ofthe propertyContinue to make payments to the original owner until ownership legally transfers inaccordance with the HAP contractAttempt to obtain a written acknowledgement of the assignment of the HAP contractfrom the successor in interest. Even if the new owner does not acknowledge theassignment of the HAP contract in writing, the assignment is nevertheless effective byoperation of lawInform the tenant that they must continue to pay rent in accordance with the lease, and ifthe successor in interest refuses to accept payment or cannot be identified, the tenantshould pay the rent into escrowIf the PHA is unable to make HAP payments to the successor in interest due to an actionor inaction by the successor in interest that prevents such payments, or an inability toidentify the successor, the PHA should inform the familyThe PTFA and Recovery Act protections related to foreclosure shall not preempt anyState or local law that provides additional protections for participants. Federal protectionsapply when state and local laws provide less protection for participants whose units areforeclosed. Where State and local laws appear to cover the same ground as the federalstatutes, the law that gives the longest time frame or most protection to the existingparticipant applies.© Copyright 2008 Nan McKay & Associates, Inc. Page 13-16 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
Chapter 14PROGRAM INTEGRITYINTRODUCTIONThe PHA is committed to ensuring that subsidy funds made available to the PHA are spent inaccordance with HUD requirements.This chapter covers HUD and PHA policies designed to prevent, detect, investigate and resolveinstances of program abuse or fraud. It also describes the actions that will be taken in the case ofunintentional errors and omissions.Part I: Preventing, Detecting, and Investigating Errors and Program Abuse. This partpresents PHA policies related to preventing, detecting, and investigating errors andprogram abuse.Part II: Corrective Measures and Penalties. This part describes the corrective measuresthe PHA must and may take when errors or program abuses are found.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 14-1
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ADMINISTRATIVE PLANFOR THESECTION 8
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Administrative Plan -Table of Conte
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1-I.A. OVERVIEWPART I: THE PHAThis
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1-I.E. THE PHA’S COMMITMENT TO ET
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e merged into a single tenant-based
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What does HUD do?HUD has the follow
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1-II.D. APPLICABLE REGULATIONSAppli
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Occupancy policies, including defin
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Chapter 2FAIR HOUSING AND EQUAL OPP
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The PHA will not use any of these f
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PART II: POLICIES RELATED TO PERSON
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2-II.C. REQUEST FOR AN ACCOMMODATIO
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Requests for accommodations must be
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The Americans with Disabilities Act
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PART III: IMPROVING ACCESS TO SERVI
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y LEP persons to the PHA’s Housin
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The HUD definition of a person with
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PART I: DEFINITIONS OF FAMILY AND H
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Remaining Member of a Tenant Family
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3-I.I. PERSONS WITH DISABILITIES AN
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3-I.L. ABSENT FAMILY MEMBERSIndivid
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Absence of Entire FamilyPHA PolicyT
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3-I.M. LIVE-IN AIDEThe definition o
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Using Income Limits for Eligibility
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Eligible NoncitizensIn addition to
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3-II.E. STUDENTS ENROLLED IN INSTIT
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PART III: DENIAL OF ADMISSION3-III.
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If any applicant household member d
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Previous Behavior in Assisted Housi
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HUD requires the PHA to provide pro
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PHA PolicyAs a condition of receivi
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The term stalking means:- To follow
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or the extension period has elapsed
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Has a physical, mental, or emotiona
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EXHIBIT 3-2: DEFINITION OF INSTITUT
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(ii) In the case of a veterinary sc
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(b) Proprietary institution of high
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4-I.A. OVERVIEWPART I: THE APPLICAT
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4-I.D. PLACEMENT ON THE WAITING LIS
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4-II.C. OPENING AND CLOSING THE WAI
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4-II.F. UPDATING THE WAITING LIST [
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PART III: SELECTION FOR HCV ASSISTA
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Involuntary Displacement Preference
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4-III.D. NOTIFICATION OF SELECTIONW
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Chapter 5BRIEFINGS AND VOUCHER ISSU
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Oral Briefing [24 CFR 982.301(a)]Ea
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5-I.C. FAMILY OBLIGATIONSObligation
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The family must notify the PHA with
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Single person families will be allo
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PHA PolicyVouchers will be issued t
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PHA’s determination not to suspen
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6-I.A. OVERVIEWPART I: ANNUAL INCOM
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PHA PolicyIf the family includes a
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PHAs are required to use HUD’s En
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Income Earned under Certain Federal
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6-I.E. EARNED INCOME DISALLOWANCE F
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6-I.F. BUSINESS INCOME [24 CFR 5.60
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6-I.G. ASSETS [24 CFR 5.609(b)(3) a
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Jointly Owned AssetsThe regulation
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Equity in Real Property or Other Ca
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Personal PropertyPersonal property
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Periodic Payments Excluded from Ann
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6-I.K. PERIODIC AND DETERMINABLE AL
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6-I.M. ADDITIONAL EXCLUSIONS FROM A
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6-II.A. INTRODUCTIONPART II: ADJUST
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Summary of Allowable Medical Expens
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Eligible Attendant CareThe family d
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Furthering EducationPHA PolicyIf th
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PART III: CALCULATING FAMILY SHARE
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HUD-Defined Financial HardshipFinan
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Temporary HardshipIf the PHA determ
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Step 3: At the second regular reexa
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EXHIBIT 6-1: ANNUAL INCOME INCLUSIO
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(3) Except where excluded under par
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(11) Earnings in excess of $480 for
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EXHIBIT 6-3: TREATMENT OF FAMILY AS
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(2) Second twelve-month exclusion a
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(4) The amount of the imputed welfa
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PART I: GENERAL VERIFICATION REQUIR
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MTW Program ParticipantsAny documen
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TID reports will be retained in par
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When Third-Party Verification is No
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PART II: VERIFYING FAMILY INFORMATI
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Separation or DivorcePHA PolicyCert
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Independent StudentPHA PolicyThe PH
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7-II.G. CITIZENSHIP OR ELIGIBLE IMM
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PART III: VERIFYING INCOME AND ASSE
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7-III.E. ASSETS AND INCOME FROM ASS
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7-III.J. STUDENT FINANCIAL ASSISTAN
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PART IV: VERIFYING MANDATORY DEDUCT
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7-IV.C. DISABILITY ASSISTANCE EXPEN
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Unreimbursed ExpenseTo be eligible
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Applicable to Non-MTW Program Appli
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© Copyright 2008 Nan McKay & Assoc
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EXHIBIT 7-2: SUMMARY OF DOCUMENTATI
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8.I.A. GENERAL HUD REQUIREMENTSPART
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The PHA must define a “healthy li
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Lack of security for the unitNo uti
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PART II: THE INSPECTION PROCESS8-II
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PHA PolicyIf any HQS violations are
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inspections independently of routin
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If an owner fails to correct HQS de
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The PHA must make a rent reasonable
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8-III.D . PHA RENT REASONABLENESS M
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Interior Air QualityThe dwelling un
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EXHIBIT 8-2: SUMMARY OF TENANT PREF
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Chapter 9GENERAL LEASING POLICIESIN
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The owner and the family must submi
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PHA-Owned Units [24 CFR 982.352(b)]
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The tenant must have legal capacity
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items, appliances or services canno
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Corrections to the RTA will be acce
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9-I.H. CHANGES IN LEASE OR RENT [24
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PART I. MOVING WITH CONTINUED ASSIS
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Restrictions on Elective Moves [24
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PART II: PORTABILITY10-II.A. OVERVI
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Reexamination of Family Income and
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Sending Documentation to the Receiv
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Outside the Receiving PHA’s Juris
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MTW Program ParticipantsThe timefra
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Ongoing Notification Responsibiliti
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Absorbing a Portable FamilyThe rece
Page 272 and 273: PART I: ANNUAL REEXAMINATIONS [24 C
Page 274 and 275: Social security numbers (See Chapte
Page 276 and 277: PART II: INTERIM REEXAMINATIONS [24
Page 278 and 279: Joint Custody of DependentsPHA Poli
Page 280 and 281: 11-II.C. CHANGES AFFECTING INCOME O
Page 282 and 283: Effective DatesThe PHA must establi
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Page 286 and 287: Chapter 12TERMINATION OF ASSISTANCE
Page 288 and 289: PHA PolicyA family will be consider
Page 290 and 291: The PHA will consider all credible
Page 292 and 293: In making its decision to terminate
Page 294 and 295: 12-II.D. CRITERIA FOR DECIDING TO T
Page 296 and 297: If the tenant wishes to contest the
Page 298 and 299: 12-II.F. TERMINATION NOTICE [HCV GB
Page 300 and 301: PART III: TERMINATION OF TENANCY BY
Page 302 and 303: After the initial lease term, “ot
Page 304 and 305: EXHIBIT 12-1: STATEMENT OF FAMILY O
Page 306 and 307: Members of the household must not e
Page 308 and 309: PART I. OWNERS IN THE HCV PROGRAM13
Page 310 and 311: The selected unit must meet HUD’s
Page 312 and 313: HUD may waive the conflict of inter
Page 314 and 315: Legal Ownership of UnitThe followin
Page 316 and 317: Part B is the body of the contract.
Page 318 and 319: Late HAP Payments [24 CFR 982.451(a
Page 320 and 321: 13-II.E. HAP CONTRACT TERM AND TERM
Page 324 and 325: PART I: PREVENTING, DETECTING, ANDI
Page 326 and 327: 14-I.C. INVESTIGATING ERRORS AND PR
Page 328 and 329: PART II: CORRECTIVE MEASURES AND PE
Page 330 and 331: Penalties for Program AbuseIn the c
Page 332 and 333: Repayment to the PHANeither a famil
Page 334 and 335: Chapter 15SPECIAL HOUSING TYPES[24
Page 336 and 337: Sanitary Facilities: At least one f
Page 338 and 339: PART III. GROUP HOME[24 CFR 982.610
Page 340 and 341: 15-IV.I. OVERVIEWPART IV. SHARED HO
Page 342 and 343: PART V. COOPERATIVE HOUSING[24 CFR
Page 344 and 345: Utility AllowanceThe PHA must estab
Page 346 and 347: The family must meet the Federal mi
Page 348 and 349: 15-VII.D. ELIGIBLE UNITS [24 CFR 98
Page 350 and 351: How to obtain homeownership financi
Page 352 and 353: Provide that the purchaser is not o
Page 354 and 355: Has an ownership interest in the un
Page 356 and 357: PHA PolicyThe PHA’s housing assis
Page 358 and 359: 15-VII.O. MORTGAGE DEFAULT [24 CFR
Page 360 and 361: PART I: ADMINISTRATIVE FEE RESERVE
Page 362 and 363: Updating Payment StandardsWhen HUD
Page 364 and 365: "Success Rate" Payment Standard Amo
Page 366 and 367: PART III: INFORMAL REVIEWS AND HEAR
Page 368 and 369: Informal Review Decision [24 CFR 98
Page 370 and 371: Informal Hearing ProceduresNotice t
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Pre-Hearing Right to Discovery [24
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Explain the rules of conducting the
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Background: A brief, impartial stat
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Notice of Denial or Termination of
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Recording of the HearingThe family
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Informal Complaints by Applicants a
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Family Debts to the PHAPHA PolicyA
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Collection of Housing Assistance Ov
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HUD Verification MethodSeveral of t
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Indicator 9: Annual reexaminationsM
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PART VI: RECORD KEEPING16-VI.A. OVE
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Criminal RecordsThe PHA may only di
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PART VIII: DETERMINATION OF INSUFFI
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16-IX.A. NOTIFICATION TO PARTICIPAN
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Proving that You Are a Victim of Do
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EXHIBIT 16-2: SAMPLE NOTICE TO HOUS
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DefinitionsFor purposes of determin
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PART I: DISCLOSURE17-I.A. SOCIAL SE
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PART II: DOCUMENTATION17-II.A. SOCI
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17-III.B. INDIVIDUALS WITHOUT AN AS
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17-III.E. THIRD PARTY VERIFICATION
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17-III.H. ENSURING THE AVAILABILITY
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EXHIBIT 17-2: EXCERPT FROM HUD VERI
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Failed Verification Report Error Me
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Chapter 18PROJECT-BASED VOUCHERSINT
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PART II: PBV OWNER PROPOSALS18-II.A
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Alternatively, the PHA may accept p
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Ineligible Housing Types [24 CFR 98
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Exceptions are allowed and PBV unit
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18-II.G. SITE SELECTION STANDARDSCo
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The PHA activities under the PBV pr
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The PHA must inspect each contract
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layering review is completed. Likew
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The PHA must enter into a HAP contr
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Remedies for HQS Violations [24 CFR
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edecoration must be in accordance w
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a separate waiting list for PBV ass
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Persons with Limited English Profic
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18-VII.B. LEASE [24 CFR 983.256]The
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The owner may collect a security de
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Specifically made available for eld
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of Area Median Gross Income (AMGI),
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18-VIII.C. REASONABLE RENT [24 CFR
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PART IX: PAYMENTS TO OWNER18-IX.A.
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18-IX.D. OTHER FEES AND CHARGES [24
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MSAMTCSNOFAOMBPASSPHAPHRAPICPIHMetr
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Budget authority. An amount authori
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Drug-related criminal activity. As
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Housing assistance payment. The mon
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Monthly income. One twelfth of annu
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Rent to owner. The total monthly re
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Utility allowance. If the cost of u
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