ADMINISTRATIVE PLAN - San Antonio Housing Authority

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HUD expects PHAs to develop policies and procedures that are consistent with mandatorypolicies and to make clear the optional policies the PHA has adopted. The PHA's administrativeplan is the foundation of those policies and procedures. HUD’s directions require PHAs tomake policy choices that provide guidance to staff and consistency to program applicantsand participants.Following HUD guidance, even though it is not mandatory, provides a PHA with a “safeharbor.” HUD has already determined that the recommendations and suggestions it makes areconsistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its owndetermination that the alternative approach is consistent with legislation, regulations, and othermandatory requirements. There may be very good reasons for adopting a policy or procedure thatis different than HUD’s safe harbor, but PHAs should carefully think through those decisions.1-III.C. ORGANIZATION OF THE PLANThe Plan is organized to provide information to users in particular areas of operation.1-III.D. UPDATING AND REVISING THE PLANThe PHA will revise this administrative plan as needed to comply with changes in HUDregulations. The original plan and any changes must be approved by the board of commissionersof the agency, the pertinent sections included in the Agency Plan, and a copy provided to HUD.PHA PolicyThe PHA will review and update the plan at least once a year, and more often if needed,to reflect changes in regulations, PHA operations, or when needed to ensure staffconsistency in operation.© Copyright 2008 Nan McKay & Associates Page 1-13Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use
Chapter 2FAIR HOUSING AND EQUAL OPPORTUNITYINTRODUCTIONThis chapter explains the laws and HUD regulations requiring PHAs to affirmatively furthercivil rights and fair housing in all federally-assisted housing programs. The letter and spirit ofthese laws are implemented through consistent policy and processes. The responsibility tofurther nondiscrimination pertains to all areas of the PHA’s housing choice voucher (HCV)operations.This chapter describes HUD regulations and PHA policies related to these topics in three parts:Part I: Nondiscrimination. This part presents the body of laws and regulations governingthe responsibilities of the PHA regarding nondiscrimination.Part II: Policies Related to Persons with Disabilities. This part discusses the rules andpolicies of the housing choice voucher program related to reasonable accommodation forpersons with disabilities. These rules and policies are based on the Fair Housing Act(42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973, and incorporate guidancefrom the Joint Statement of The Department of Housing and Urban Development and theDepartment of Justice (DOJ), issued May 17, 2004.Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. Thispart details the obligations of the PHA to ensure meaningful access to the HCV programand its activities by persons with limited English proficiency (LEP). This partincorporates HUD and DOJ’s Notice of Guidance, published December 19, 2003 in theFederal Register.© Copyright 2008 Nan McKay & Associates Page 2-1Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
Page 1 and 2: ADMINISTRATIVE PLANFOR THESECTION 8
Page 3 and 4: Administrative Plan -Table of Conte
Page 31 and 32: 1-I.A. OVERVIEWPART I: THE PHAThis
Page 33 and 34: 1-I.E. THE PHA’S COMMITMENT TO ET
Page 35 and 36: e merged into a single tenant-based
Page 37 and 38: What does HUD do?HUD has the follow
Page 39 and 40: 1-II.D. APPLICABLE REGULATIONSAppli
Page 41: Occupancy policies, including defin
Page 45 and 46: The PHA will not use any of these f
Page 47 and 48: PART II: POLICIES RELATED TO PERSON
Page 49 and 50: 2-II.C. REQUEST FOR AN ACCOMMODATIO
Page 51 and 52: Requests for accommodations must be
Page 53 and 54: The Americans with Disabilities Act
Page 55 and 56: PART III: IMPROVING ACCESS TO SERVI
Page 57 and 58: y LEP persons to the PHA’s Housin
Page 59 and 60: The HUD definition of a person with
Page 61 and 62: PART I: DEFINITIONS OF FAMILY AND H
Page 63 and 64: Remaining Member of a Tenant Family
Page 65 and 66: 3-I.I. PERSONS WITH DISABILITIES AN
Page 67 and 68: 3-I.L. ABSENT FAMILY MEMBERSIndivid
Page 69 and 70: Absence of Entire FamilyPHA PolicyT
Page 71 and 72: 3-I.M. LIVE-IN AIDEThe definition o
Page 73 and 74: Using Income Limits for Eligibility
Page 75 and 76: Eligible NoncitizensIn addition to
Page 77 and 78: 3-II.E. STUDENTS ENROLLED IN INSTIT
Page 80 and 81: PART III: DENIAL OF ADMISSION3-III.
Page 82 and 83: If any applicant household member d
Page 84 and 85: Previous Behavior in Assisted Housi
Page 86 and 87: HUD requires the PHA to provide pro
Page 88 and 89: PHA PolicyAs a condition of receivi
Page 90 and 91: The term stalking means:- To follow
Page 92 and 93:
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
Page 142 and 143:
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
Page 216 and 217:
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
Page 264 and 265:
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
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PART I: ANNUAL REEXAMINATIONS [24 C
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Social security numbers (See Chapte
Page 276 and 277:
PART II: INTERIM REEXAMINATIONS [24
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Joint Custody of DependentsPHA Poli
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11-II.C. CHANGES AFFECTING INCOME O
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Effective DatesThe PHA must establi
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Subsidy Standards [24 CFR 982.505(c
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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
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13-II.E. HAP CONTRACT TERM AND TERM
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EXHIBIT 13-1: SUMMARY OF REQUIREMEN
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PART I: PREVENTING, DETECTING, ANDI
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14-I.C. INVESTIGATING ERRORS AND PR
Page 328 and 329:
PART II: CORRECTIVE MEASURES AND PE
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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
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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
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Informal Review Decision [24 CFR 98
Page 370 and 371:
Informal Hearing ProceduresNotice t
Page 372 and 373:
Pre-Hearing Right to Discovery [24
Page 374 and 375:
Explain the rules of conducting the
Page 376 and 377:
Background: A brief, impartial stat
Page 378 and 379:
Notice of Denial or Termination of
Page 380 and 381:
Recording of the HearingThe family
Page 382 and 383:
Informal Complaints by Applicants a
Page 384 and 385:
Family Debts to the PHAPHA PolicyA
Page 386 and 387:
Collection of Housing Assistance Ov
Page 388 and 389:
HUD Verification MethodSeveral of t
Page 390 and 391:
Indicator 9: Annual reexaminationsM
Page 392 and 393:
PART VI: RECORD KEEPING16-VI.A. OVE
Page 394 and 395:
Criminal RecordsThe PHA may only di
Page 396 and 397:
PART VIII: DETERMINATION OF INSUFFI
Page 398 and 399:
16-IX.A. NOTIFICATION TO PARTICIPAN
Page 400 and 401:
Proving that You Are a Victim of Do
Page 402 and 403:
EXHIBIT 16-2: SAMPLE NOTICE TO HOUS
Page 404 and 405:
DefinitionsFor purposes of determin
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PART I: DISCLOSURE17-I.A. SOCIAL SE
Page 408 and 409:
PART II: DOCUMENTATION17-II.A. SOCI
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17-III.B. INDIVIDUALS WITHOUT AN AS
Page 412 and 413:
17-III.E. THIRD PARTY VERIFICATION
Page 414 and 415:
17-III.H. ENSURING THE AVAILABILITY
Page 416 and 417:
EXHIBIT 17-2: EXCERPT FROM HUD VERI
Page 418 and 419:
Failed Verification Report Error Me
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Chapter 18PROJECT-BASED VOUCHERSINT
Page 423 and 424:
PART II: PBV OWNER PROPOSALS18-II.A
Page 425 and 426:
Alternatively, the PHA may accept p
Page 427 and 428:
Ineligible Housing Types [24 CFR 98
Page 429 and 430:
Exceptions are allowed and PBV unit
Page 431 and 432:
18-II.G. SITE SELECTION STANDARDSCo
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The PHA activities under the PBV pr
Page 435 and 436:
The PHA must inspect each contract
Page 437 and 438:
layering review is completed. Likew
Page 439 and 440:
The PHA must enter into a HAP contr
Page 441 and 442:
Remedies for HQS Violations [24 CFR
Page 443 and 444:
edecoration must be in accordance w
Page 445 and 446:
a separate waiting list for PBV ass
Page 447 and 448:
Persons with Limited English Profic
Page 449 and 450:
18-VII.B. LEASE [24 CFR 983.256]The
Page 451 and 452:
The owner may collect a security de
Page 453 and 454:
Specifically made available for eld
Page 455 and 456:
of Area Median Gross Income (AMGI),
Page 457 and 458:
18-VIII.C. REASONABLE RENT [24 CFR
Page 459 and 460:
PART IX: PAYMENTS TO OWNER18-IX.A.
Page 461 and 462:
18-IX.D. OTHER FEES AND CHARGES [24
Page 463 and 464:
MSAMTCSNOFAOMBPASSPHAPHRAPICPIHMetr
Page 465 and 466:
Budget authority. An amount authori
Page 467 and 468:
Drug-related criminal activity. As
Page 469 and 470:
Housing assistance payment. The mon
Page 471 and 472:
Monthly income. One twelfth of annu
Page 473 and 474:
Rent to owner. The total monthly re
Page 475:
Utility allowance. If the cost of u
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ADMINISTRATIVE PLAN - San Antonio Housing Authority

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