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HomeMy WebLinkAboutSection 8 Administrative Plan (2)Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 Background: The Section 8 Rental Assistance Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Act has been amended from time to time, most recently on October 21, 1998, with the passage of the Quality Housing and Work Responsibility Act (QHWRA.) The requirements of the Housing Act(s), as they apply to the Section 8 Tenant -Based Assistance Program and the Housing Choice Voucher Program, are described in and implemented through the Administrative Plan. Administration of the Section 8 Program and the functions and responsibilities of the Housing Department staff shall be in compliance with the Housing Department's Personnel Policy and the U.S. Department of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State and local Fair Housing laws and regulations. The Housing Department will comply with any and all subsequent regulatory and statutory program changes. The Administrative Plan is set forth to define the Housing Department's local policies for operation of the housing programs in the context of Federal laws and regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines or other applicable law. The revisions to the current Administrative Plan will update the policies in accordance with the most recent published QHWRA requirements. CHAPTER 3 ADD LANGUAGE TO: FORM AND FORMAT FOR DENIAL/TERMINATION Termination of assistance for a participant may include any or all of the following: ADD TO BULLETS continued from page 3 - 2: If CDC must terminate HAP contracts due to insufficient funding, CDC will do so in accordance with the following criteria and instructions: • Category 1: Contracts of the longest served non -elderly or non -disabled households will be terminated. • Category 2: Contracts of participants who owe CDC 1 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 money, are under repayment agreement, but have made at least one late payment. • Category 3: Contracts of participants with the lowest amount of HAP will be terminated. • Category 4: Contracts on a last -in, first out basis will be terminated. The terminated families will be placed at the top of the waiting list and as funding becomes available they will be reinstated to the program if all eligibility criteria are still met. CHAPTER 5 ADD LANGUAGE TO: RESTRICTED ADMISSIONS PAGE 5-8 All admissions to the household not categorized above are limited to one (1) person in 12 months. These restricted admissions must have a permanent source of income and if the income is from employment, they are required to be employed a minimum of 32 hours per week, with income based on, at least, the prevailing minimum wage, for the previous 12 months. They may not be added if they are non -citizens unless they are related to family due to: 1. Marriage 2. Child, or 3. The unit is overcrowded, and they will not be approved without the owner's permission. CHAPTER 9 ELECTRICAL RECEPTACLES PAGE 9-2 TO 9-4: 24 CFR 982.401(f) The HCV program regulations set forth the HQS requirements and acceptability criteria with respect to illumination and electricity for the housing unit. The regulations state that a unit must include the following acceptability criteria for electricity. ■ the kitchen and bathroom must have one permanent ceiling or wall light fixture in proper operating condition; - the kitchen must have at least one electrical outlet in proper operating condition; and 2 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 - The living room and each bedroom must have at least two electrical outlets in proper operating condition (permanent overhead or wall -mounted light fixtures may count as one of the required electrical outlets). Types of Outlets and Their Proper Operating Condition In response to an OIG audit, HUD is issuing this Notice to clarify the proper operating condition of electrical outlets (110V/120V). There are two basic types of outlets: two -pronged (also called "two -slotted") and three -pronged outlets. Three - pronged outlets have an additional hole for a ground wire, and are "grounded outlets." Two -pronged outlets are "ungrounded." Generally, original two -pronged, ungrounded outlets and original three -pronged, grounded outlets are acceptable under the HQS. "Upgraded" outlets, which have been changed from two -pronged to three -pronged, are the major area of concern. "Upgraded" Outlets Many of the cords for today's appliances contain three -pronged plugs, which can cause problems when an older home does not have three -pronged outlets for these grounded plugs. In the case of older homes, owners often replace two -pronged, ungrounded outlets with three -pronged, grounded type outlets in order to establish appropriate outlets for appliances that have cords with three -pronged plugs. However, in some cases, owners may replace two -pronged, ungrounded outlets with the three -pronged, grounded type outlets without the necessary rewiring that adds a ground wire to the newly installed, grounded type outlet. Three -pronged, grounded type outlets should not be substituted for ungrounded outlets unless (1) a ground is connected to the outlet, or (2) a Ground Fault Circuit Interrupter (GFCI) protects the outlet. (Figure 3) Installing a new ground wire may require a licensed electrician to install a new wire to the circuit breaker box and may be prohibitively expensive. A more cost-effective method is to protect the outlet with a GFCI, which provides protection to the outlet. If the GFCI senses a difference in current flow between the hot and the neutral terminals, it shuts 3 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 off the flow of current to the outlet. An older construction house with a grounded outlet (Figure 2) would be an indication that the unit may have undergone some upgrading. In such cases, the Department recommends testing a sample of outlets in the unit to determine if three -pronged outlets are in proper operating condition, in addition to verifying the proper operating condition of the required number of outlets per room. Testing of Outlets to Determine Proper Operating Condition Two -pronged, Ungrounded Outlets The traditional method of testing a two -pronged, ungrounded outlet is to plug an appliance into the outlet and verify that the appliance turns on. This simple method is acceptable for determining that the ungrounded outlet is in proper operating condition and meets HQS. Three -pronged Outlets A three -pronged outlet must meet one of the following three standards for the inspector to consider the outlet in "proper operating condition" as required by HQS: 1. The outlet is properly grounded. 2. A GFCI protects the three -pronged, ungrounded outlet. 3. The outlet complies with the applicable state or local building or inspection code. The inspector needs to use an outlet tester to determine whether the outlet is properly grounded. There are two types of outlet testers that an inspector can use to determine a properly grounded outlet: a two -wire tester or a three -pronged tester. CHAPTER 9 ADD LANGUAGE TO: PAGE 9-7 TO 9-8: SMOKE AND CARBON MONOXIDE DETECTORS The CDC will treat inoperable smoke and carbon monoxide detectors as 30-day fail items. 4 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 Carbon monoxide detectors must be in place for all single family homes and manufactured homes immediately. All other types by January 1, 2013. The owner must install working batteries in the smoke and carbon monoxide detectors upon initial lease. After that, the family must replace the batteries, when the need arises. If the CDC determines that the family has purposely disconnected the smoke and carbon monoxide detector(s) (by removing batteries or other means), the family will be required to repair the smoke detector within 30-days. The CDC will issue a verbal warning to any family determined to have purposely disconnected the unit smoke and carbon monoxide detectors. The warning will state that deliberate disconnection of the unit smoke and carbon monoxide detectors is considered a violation of the HQS. The family's assistance may be terminated for multiple violations of this requirement. CHAPTER 14 PAGE 14-13 TO 14-14: ADD REMOVE/REVISE LANGUAGE TO: TERMINATION OF THE CONTRACT BY THE CDC [24 CFR 982.404(a), 982.453, 982.454, 982.552(a)(3)] INSUFFICIENT FUNDING The HAP contract terminates when the lease terminates, the CDC terminates program assistance for the family, or when the owner has breached the HAP contract. The CDC may terminate HAP contract if the CDC determines, in accordance with HUD requirements, that funding under the consolidated ACC is insufficient to support continued assistance for families in the program. Funding is no longer available under the ACC The coact will terminate automatically 180 days after the last housing The CDC received notice that the assisted person is deceased. 5 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 The CDC will determine whether there is sufficient funding to pay for currently assisted families according to the policies in Chapter 1. If the CDC determines there is a shortage of funding, prior to terminating any HAP contracts, CDC will determine if any other actions can be taken to reduce program costs. If after implementing all reasonable cost cutting measures there is not enough funding available to provide continued assistance for current participants, CDC will terminate contract as last resort. Prior to terminating any HAP contracts, CDC will inform the local HUD field office. CDC will terminate the minimum number needed in order to reduce HAP costs to a level within CDC's budget authority. If CDC must terminate HAP contracts due to insufficient funding, CDC will do so in accordance with the following criteria and instructions: • Category 1: Contracts of the longest served non -elderly or non -disabled households will be terminated. • Category 2: Contracts of participants who owe CDC money, are under repayment agreement, but have made at least one late payment. • Category 3: Contracts of participants with the lowest amount of HAP will be terminated. • Category 4: Contracts on a last -in, first out basis will be terminated. The terminated families will be placed at the top of the waiting list and as funding becomes available they will be reinstated to the program if all eligibility criteria are still met. CHAPTER 17 ADD CHAPTER TO 2012-2013 ADMINISTRATIVE PLAN Chapter regarding: local policies of operation for Project -Based Vouchers 6 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 3, 2012 GLOSSARY ADD REVISIONS TO GLOSSARY pertaining to Chapter 17. Staff recommends that the Community Development Commission, Housing Authority of the City of National City Section 8 Rental Assistance Division Board consider the adoption of the attached Resolution approving the revisions to the Section 8 Administrative Plan; and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. 7