ADMINISTRATIVE PLAN - San Antonio Housing Authority

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EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDERFEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201]A person with a disability, as defined under federal civil rights laws, is any person who: Has a physical or mental impairment that substantially limits one or more of the major lifeactivities of an individual, orHas a record of such impairment, orIs regarded as having such impairmentThe phrase “physical or mental impairment” includes: Any physiological disorder or condition, cosmetic or disfigurement, or anatomical lossaffecting one or more of the following body systems: neurological; musculoskeletal; specialsense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive;genito-urinary; hemic and lymphatic; skin; and endocrine; orAny mental or psychological disorder, such as mental retardation, organic brain syndrome,emotional or mental illness, and specific learning disabilities. The term “physical or mentalimpairment” includes, but is not limited to: such diseases and conditions as orthopedic,visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, musculardystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotionalillness, drug addiction and alcoholism.“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks,walking, seeing, hearing, breathing, learning, and/or working.“Has a record of such impairment” means has a history of, or has been misclassified as having, amental or physical impairment that substantially limits one or more major life activities.“Is regarded as having an impairment” is defined as having a physical or mental impairment thatdoes not substantially limit one or more major life activities but is treated by a public entity(such as the PHA) as constituting such a limitation; has none of the impairments defined in thissection but is treated by a public entity as having such an impairment; or has a physical or mentalimpairment that substantially limits one or more major life activities, only as a result of theattitudes of others toward that impairment.The definition of a person with disabilities does not include: Current illegal drug users People whose alcohol use interferes with the rights of others Persons who objectively pose a direct threat or substantial risk of harm to others that cannotbe controlled with a reasonable accommodation under the HCV programThe above definition of disability determines whether an applicant or participant is entitled toany of the protections of federal disability civil rights laws. Thus, a person who does not meetthis disability is not entitled to a reasonable accommodation under federal civil rights and fairhousing laws and regulations.© Copyright 2008 Nan McKay & Associates Page 2-16Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
The HUD definition of a person with a disability is much narrower than the civil rights definitionof disability. The HUD definition of a person with a disability is used for purposes of receivingthe disabled family preference, the $400 elderly/disabled household deduction, the $480dependent deduction, the allowance for medical expenses, or the allowance for disabilityassistance expenses.The definition of a person with a disability for purposes of granting a reasonable accommodationrequest is much broader than the HUD definition of disability. Many people will not qualify as adisabled person under the HCV program, yet an accommodation is needed to provide equalopportunity.© Copyright 2008 Nan McKay & Associates Page 2-17Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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ADMINISTRATIVE PLANFOR THESECTION 8
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Administrative Plan -Table of Conte
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Administrative Plan -Table of Conte
Page 7 and 8: 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 and 42: Occupancy policies, including defin
Page 43 and 44: Chapter 2FAIR HOUSING AND EQUAL OPP
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: y LEP persons to the PHA’s Housin
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
Page 94 and 95: Has a physical, mental, or emotiona
Page 96 and 97: EXHIBIT 3-2: DEFINITION OF INSTITUT
Page 98 and 99: (ii) In the case of a veterinary sc
Page 100 and 101: (b) Proprietary institution of high
Page 102 and 103: 4-I.A. OVERVIEWPART I: THE APPLICAT
Page 104 and 105: 4-I.D. PLACEMENT ON THE WAITING LIS
Page 106 and 107: 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
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PART I: ANNUAL REEXAMINATIONS [24 C
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Social security numbers (See Chapte
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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
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PHA PolicyA family will be consider
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The PHA will consider all credible
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In making its decision to terminate
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12-II.D. CRITERIA FOR DECIDING TO T
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If the tenant wishes to contest the
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12-II.F. TERMINATION NOTICE [HCV GB
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PART III: TERMINATION OF TENANCY BY
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After the initial lease term, “ot
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EXHIBIT 12-1: STATEMENT OF FAMILY O
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Members of the household must not e
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PART I. OWNERS IN THE HCV PROGRAM13
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The selected unit must meet HUD’s
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HUD may waive the conflict of inter
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Legal Ownership of UnitThe followin
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Part B is the body of the contract.
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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
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PART II: CORRECTIVE MEASURES AND PE
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Penalties for Program AbuseIn the c
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Repayment to the PHANeither a famil
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Chapter 15SPECIAL HOUSING TYPES[24
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Sanitary Facilities: At least one f
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PART III. GROUP HOME[24 CFR 982.610
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15-IV.I. OVERVIEWPART IV. SHARED HO
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PART V. COOPERATIVE HOUSING[24 CFR
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Utility AllowanceThe PHA must estab
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The family must meet the Federal mi
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15-VII.D. ELIGIBLE UNITS [24 CFR 98
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How to obtain homeownership financi
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Provide that the purchaser is not o
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Has an ownership interest in the un
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PHA PolicyThe PHA’s housing assis
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15-VII.O. MORTGAGE DEFAULT [24 CFR
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PART I: ADMINISTRATIVE FEE RESERVE
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Updating Payment StandardsWhen HUD
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"Success Rate" Payment Standard Amo
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PART III: INFORMAL REVIEWS AND HEAR
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Informal Review Decision [24 CFR 98
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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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ADMINISTRATIVE PLAN - San Antonio Housing Authority

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