ADMINISTRATIVE PLAN - San Antonio Housing Authority

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HUD requires the PHA to provide prospective owners with the family's current and prior address(as shown in PHA records) and the name and address (if known) of the owner at the family'scurrent and prior addresses. HUD permits the PHA to provide owners with additionalinformation, as long as families are notified that the information will be provided, and the sametype of information is provided to all owners.PHA PolicyThe PHA will inform owners of their responsibility to screen prospective tenants, andwill provide owners with the required known name and address information, at the timeof the initial HQS inspection or before. The PHA will not provide any additionalinformation to the owner, such as tenancy history, criminal history, etc.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-27
3-III.E. CRITERIA FOR DECIDING TO DENY ADMISSIONEvidence [24 CFR 982.553(c)]PHA PolicyThe PHA will use the concept of the preponderance of the evidence as the standard formaking all admission decisions.Preponderance of the evidence is defined as evidence which is of greater weight or moreconvincing than the evidence which is offered in opposition to it; that is, evidence whichas a whole shows that the fact sought to be proved is more probable than not.Preponderance of the evidence may not be determined by the number of witnesses, but bythe greater weight of all evidence.Consideration of Circumstances [24 CFR 982.552(c)(2)]HUD authorizes the PHA to consider all relevant circumstances when deciding whether to denyassistance based on a family’s past history except in the situations for which denial of assistanceis mandated (see Section 3-III.B).PHA PolicyThe PHA will consider the following factors prior to making its decision:The seriousness of the case, especially with respect to how it would affect otherresidentsThe effects that denial of admission may have on other members of the familywho were not involved in the action or failureThe extent of participation or culpability of individual family members, includingwhether the culpable family member is a minor or a person with disabilities, or(as discussed further in section 3-III.G) a victim of domestic violence, datingviolence, or stalkingThe length of time since the violation occurred, the family’s recent history and thelikelihood of favorable conduct in the futureIn the case of drug or alcohol abuse, whether the culpable household member isparticipating in or has successfully completed a supervised drug or alcoholrehabilitation program or has otherwise been rehabilitated successfullyThe PHA will require the applicant to submit evidence of the householdmember’s current participation in or successful completion of a supervised drugor alcohol rehabilitation program, or evidence of otherwise having beenrehabilitated successfully.Removal of a Family Member's Name from the Application [24 CFR 982.552(c)(2)(ii)]HUD permits PHAs to impose as a condition of admission, a requirement that family memberswho participated in or were culpable for an action or failure to act which results in the denial ofassistance, to not reside in the unit.© Copyright 2008 Nan McKay & Associates, Inc. Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.Page 3-28
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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
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 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 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
Page 108 and 109: 4-II.F. UPDATING THE WAITING LIST [
Page 110 and 111: PART III: SELECTION FOR HCV ASSISTA
Page 112 and 113: Involuntary Displacement Preference
Page 114 and 115: 4-III.D. NOTIFICATION OF SELECTIONW
Page 116 and 117: Chapter 5BRIEFINGS AND VOUCHER ISSU
Page 118 and 119: Oral Briefing [24 CFR 982.301(a)]Ea
Page 120 and 121: 5-I.C. FAMILY OBLIGATIONSObligation
Page 122 and 123: The family must notify the PHA with
Page 124 and 125: Single person families will be allo
Page 126 and 127: PHA PolicyVouchers will be issued t
Page 128 and 129: PHA’s determination not to suspen
Page 130 and 131: 6-I.A. OVERVIEWPART I: ANNUAL INCOM
Page 132 and 133: PHA PolicyIf the family includes a
Page 134 and 135: 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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