H A

H PL E

SA M

Table of Contents Briefing Summary ………………………………………………………………………… Page 2 Fact Sheet ………………………………………………………………………………. Page 3-8 Tips to help find a rental unit …………………………………………………..……… Page 9 Determining Voucher Size …………………………………..………………..………… Page 10 Term of the Voucher/Suspension ……………………………..……….……………….. Page 11 Request for Extension ……………..……………………………………..…………….. Page 12

PL E

Family Obligations ……………………………………………...………………………. Page 13-14 Do’s and Don’ts …………………………………………….…………………………

Page 15

Portability ……………………………………………………………………………… Page 16-17 Terminations ………………………………………………….………………………… Page 18

SA M

Informal Hearing Procedures ………………….……………………………………….. Page 19 Determination of Housing Assistance Payments ……………………………………… Page 20-21 Payment Standards ……………………………………………………………………… Page 22 Utility Allowances ……………………………………………………………..………. Page 23 Sample Rent Calculation ………………………………..………………………………

Page 25

H A

List of Landlords with Disabled Units ……………………………………….………… Page 26 Violence Against Women’s Act (VAWA) ……………………….…………………….. Page 27

Brochures

H

Tenancy Addendum (HUD 52641-A) ………………………………………………….. Page 28-31

Things You Should Know

Discrimination Complaint Brochure (903.1) Fair Housing Booklet

1

WELCOME TO THE HIALEAH HOUSING AUTHORITY SECTION 8 BRIEFING SUMMARY 1. In 1974 Congress authorized the Section 8 Program which offered subsidized housing to eligible families. HUD mandates the regulations for section 8 and allows PHA’s to implement local policies. There are two types of section 8; one is project-based and the other one is tenant-based. Your assistance is tenant-based, meaning the family not the building owns the assistance which stays with the family as long as they continue to qualify. A family, under some circumstances may lease in their current residence or locate a new dwelling, as long as the unit meets HUD requirements. 2. The Section 8 Voucher entitles the family to live anywhere within the City of Hialeah, or ten miles from its boundaries. It is valid for a period of sixty days and can be extended up to 120 days; however, extensions must be requested prior to the expiration date and approved by the Hialeah Housing Authority (“HHA”).

PL E

3. Once a unit where Section 8 is accepted is selected, it will be fully inspected with the owner or manager and the landlord/agent shall be supplied with the Landlord Packet included in the briefing materials. The landlord/agent may contact the HHA if he/she has any questions about completing these forms. Once completed the packet must be returned to the HHA as soon as possible.

SA M

4. The HHA must conduct a rent reasonable survey as part of its responsibility to ensure that the rent charged for a unit by an owner is reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market. In making this decision the HHA will take into consideration the location, quality, size, age and unit type as well as amenities, services and utilities provided and/or paid by the owner.

H

H A

5. Once the Rent to owner is approved, the HHA will conduct an inspection to comply with H o u s i n g Q u a l i t y S t a nd a r d s ( “ HQS”) requirements. The family will be contacted by the HHA’s Section 8 Department to schedule an appointment as soon as the inspection passes and will be provided with the authorization to move. The family will sign a lease agreement, which governs tenancy with the landlord, just as they would in the private rental market. The landlord will be required to sign a Housing Assistance Payment Contract (“HAP”) with the HHA, which spells out the requirements the owner has to follow. The initial lease cannot be broken during the first year. 6. The family’s portion of the rent responsibility is calculated by taking into account all annual income, minus any permissible deductions referred to as adjusted annual income (“AAI”). Then the HA will take into consideration the highest of applicable calculations to determine the Tenant Total Payment (“TTP”). The HAP is determined using the lesser of the payment standard for the family or the rent to owner plus applicable utility allowance minus the TTP. *Please refer to HUD’s Fact Sheet on “How Your Rent Is Determined” if you need further explanation. 7. If the gross rent of the unit selected by the family exceeds the payment standard then the family’s share of the rent will exceed the TTP and the family will be responsible for the difference. This is acceptable as long as it does not exceed 40% of the family’s monthly adjusted income. 8. The Housing Authority does not assist tenants with security deposits. The tenant is responsible for this amount. 9. The family may not rent a unit that is owned by the parent, grandparent, child, grandchild or sibling of any member of the assisted family unless to provide reasonable accommodation for a family member who is a person with disabilities. 2

U.S. Department of Housing and Urban Development

FACT SHEET

PHAs’ Responsibilities: Obtain accurate income information Verify residents’ income Ensure that residents receive the exclusions and deductions to which they are entitled Accurately calculate family payment Recalculate family payment when changes in family composition and income are reported between annual recertifications (in accordance with PHA policy) In Public Housing, execute a lease with the tenant In the Housing Choice Voucher program, provide a copy of the required lease language Provide tenant a copy of PHA determination of income and family payment Provide information on PHA policies upon request Notify residents of any changes in requirements or practices for reporting income or determining family payment Terminate tenancy for grounds allowed by federal law

“How Your Rent Is Determined” For Public Housing And Housing Choice Voucher Programs Office of Public and Indian Housing

PL E

November, 2002 This Fact Sheet is a general guide to inform the Public Housing Agency (PHA) and HUDassisted residents of the responsibilities and rights regarding income disclosure and verification. Since some of the requirements vary by program, residents should consult their PHA to determine the specific policies that apply.

SA M

Residents’ Responsibilities: Provide accurate information on family composition Report all income at admission and annually (or as required by PHA policy) Keep copies of papers, forms, and receipts which document income and expenses Report changes in family composition and income between annual recertifications (in accordance with Public Housing and Housing Choice Voucher PHA policy) Sign consent for income verification and criminal history checks Comply with lease and House Rules

H A

Why Determining Income and Family Payment Correctly is Important

H

The Department of Housing and Urban Development’s studies show that many resident families pay the incorrect amount of rent. The main causes of this problem are:

What is Total Income? A family’s income before any taxes or other exclusions or deductions have been taken out of it.

under-reporting of income by resident families, and PHAs not granting exclusions and deductions to which resident families are entitled.

What is Annual Income? Total Income – Income Exclusions = Annual Income

PHAs and residents all have a responsibility in ensuring that the correct family payment is paid. Paying the correct amount eliminates fraud, waste, and abuse.

What is Adjusted Income? Annual Income – Allowable Income Deductions = Adjusted Income

3

Family Payment (Total Tenant Payment) The amount of rent a family will pay is the highest of the following amounts:

reimbursement of cash or assets invested in the operation by the family; Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in above section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;

30% of the family’s monthly adjusted income; 10% of the family’s monthly income; Welfare rent (in States where applicable); or Minimum Rent ($0 - $50 set by the PHA)

Annualization of Income If it is not feasible to anticipate a level of income over a 12-month period (as in the case of seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a re determination at the end of the shorter period.

PL E

What Counts as Annual Income for Calculation of Family Payment?

The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount.

SA M

Annual income means all amounts, monetary or not, which: Go to, or on behalf of, the family head of household or spouse (even if temporarily absent) or to any other family member; or Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and Which are not specifically excluded. Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.

Payments in place of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay.

H A

Welfare assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: (i) the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus (ii) the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities.

H

Annual income includes, but is not limited to: The full amount, before any payroll deductions of wages and salaries, overtime pay, Commissions, fees, tips and bonuses, and other compensation for personal services; The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is

Periodic and determinable allowances, such as Alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; All regular pay, special pay and allowances of a member of the Armed Forces.

4

Annual income does not include the following: Income from employment of children (including foster children) under the age of l8 years; Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; Income of a live -in aide, as defined in §5.403; The full amount of student financial assistance paid directly to the student or to the educational institution; The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; Amounts received under training programs funded by HUD: Amounts received by a person with a disability that are disregarded for a limited time purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-ofpocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA’s governing board. No resident may receive more than one such stipend during the same period of time; Incremental earnings and benefits resulting to any family member from participation in quality State or local employment training

H

H A

SA M

PL E

programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; Temporary, nonrecurring or sporadic income (including gifts); Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse); Adoption assistance payments in excess of $480 per adopted child; Deferred periodic amounts from supplemental security benefits that are received in a lump sum amount or in prospective monthly amounts. Amounts received by the family in the form of refund or rebates under State or local law for property taxes paid on the dwelling unit; Amounts paid by a State agency to a family with a member who has a development disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions are set forth.

Other Income Exclusions Federally Mandated Income Exclusions -The following statutory exclusions apply to HUDassisted and other government programs: The value of the allotment provided under the Food Stamp Act of 1977. Payments to volunteers under the Domestic Volunteer Services Act of 1973 Payments received under the Alaska Native Claims Settlement Act (cash including cash dividends on stock received from a Native Corporation and on bonds received from a Native

5

Allowances, earnings and payments to individuals participating in programs under the Workforce Investment Act of 1998

Earned Income Disallowance for certain Public Housing Residents and Housing Choice Voucher Family members with Disabilities Certain amounts will not be counted in determining a qualifying family’s rent for a specific period of time. A qualifying family is one whose annual income increases as a result of:

PL E

Employment of a family member who was unemployed for at least 12 months prior to employment; New or increased earnings during participation in an economic self-sufficiency or other job training program; New or increased earnings during or within 6 months after receiving Temporary Assistance to Needy Families (TANF).

H

H A

SA M

Corporation to the extent that it does not in the aggregate exceed $2,000 per individual per year) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes Income Home Energy Assistance Program Payments received under programs funded under the Job Training Partnership Act (Workforce Investment Act of 1998) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians. The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in trust or restricted lands Amounts of scholarships funded under Title IV of the Higher Education Act of 1965 (including Federal Work Study program or Bureau of Indian Affairs (BIA) Student Assistance programs Payments received from programs funded under Title V of the Older Americans Act of 1985 Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in Re Agent-product liability Payments received under the Maine Indian Claims Settlement Act of 1980 The value of any child care provided or arranged under the Child Care and Development Block Grant Act of 1990 Earned income tax credit (EITC) refund payments received on or after January 1, 1991 Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 Any allowance paid to a child suffering from spina bifida who is the child of a Vietnam veteran Any amount of crime victim compensation under the Victims of Crime Act

During the first 12 months after a qualified family member starts working, 100 percent of the incremental increase of that family member’s income is disallowed. The incremental increase is the amount of earned income that exceeds that family member’s income prior to starting work. In the second cumulative 12-month period after the date of first employment, 50 percent of the incremental increase in income is disallowed. Total time of benefit is limited to a lifetime 48-month period. NOTE: For Public Housing Only, PHAs may offer to establish Individual Saving Accounts (ISA) for eligible families in place of the earned income disallowance. If offered, the family makes the choice whether or not to participate.

What are deductions from Income? Deductions are amounts that are subtracted from a family’s Annual Income to produce Adjusted Income. There are two types of deductions: mandatory and permissive.

6

Mandatory Deductions:

Permissive Deductions (Public Housing Only):

40% of the family’s monthly adjusted income when the family initially moves into the unit or signs the first assisted lease for a unit. The maximum initial rent burden applies only when the gross rent for the unit selected exceeds the applicable payment standard.

SA M

PHAs may establish other deductions as they wish but should understand that HUD does not provide any additional operating subsidy and the PHA must establish a written policy for the deductions.

Maximum Initial Rent Burden (Housing Choice Voucher Only): The family’s share may not exceed

PL E

$480 for each member of the family (excluding head of household or spouse) who is less than 18 years of age or who is a student or person with a disability $400 for any elderly family or disabled family The sum of the following to the extent the sum exceeds 3% of annual family income: - Unreimbursed medical expenses of any elderly family or disabled family - Unreimbursed reasonable attendant care and auxiliary apparatus expenses for disabled family member(s) to allow family member(s) to work. This deduction may not exceed the income received. Any reasonable childcare expenses (children under 13 years old) necessary to enable a member of the family to be employed or to further his or her education.

PHA shall make the determination within a reasonable time after the family request. The PHA’s policies for determining when payment of a flat rent is a financial hardship must provide that financial hardship include the following situation. The family has experienced a decrease in income because of changed circumstances including loss or reduction of employment, death in the family, or reduction in or loss of earnings or other assistance; The family has experienced an increase in expenses, because of changed circumstances, for medical costs, child care, transportation, education, or similar items; and Such other situations determined by the PHA to be appropriate.

Other Provisions

Flat Rent (Public Housing Only): Annually at recertification families must be offered a choice of a flat rent or an income -based rent. If a family elects to pay a flat rent a PHA can (if desired) recertify family income as infrequent as every three (3) years instead of annually. Family composition must be recertified annually. Flat rent is based on the market rent charged for comparable units in the private unassisted rental market and will not increase or decrease as changes in income occur. A family can request a switch to an income-based rent at any time due to a financial hardship.

H A

Hardship Exceptions: PHAs must waive the minimum monthly rent requirement for any family unable to pay due to financial hardships as described in the PHA’s written policies.

H

HUD has specified some circumstances that would constitute hardship which are:

Switch from flat rent to income -based rent because of hardship. A family that is paying a flat rent may at any time request a switch to payment of income based rent (before the next annual option to select the type of rent) if the family is unable to pay flat rent because of financial hardship. The PHA must adopt written policies for determining when payment of flat rent is a financial hardship for the family. If the PHA determines that the family is unable to pay the flat rent because of financial hardship, the PHA must immediately allow the requested switch to income -based rent. The

Welfare Sanctions: If the welfare agency reduces the welfare payment because of fraud of a family member in connection with the welfare program or non-compliance with economic self-sufficiency requirements, the PHA must still include the amount of the reduction in the Annual Income that is used to calculate total tenant payment.

Reference Materials

Legislation: United States Housing Act of 1937, 42 USC 1437, et seq. as amended 7

Notices: “Federally Mandated Income Exclusions” Notice 66 FR 4669, April 20, 2001 “Improving Income Integrity in Public and Assisted Housing” Notice PIH 2001-15, issued May 2, 2001 Frequently Asked Questions about the Admissions and Occupancy Rule: http://www.hud.gov/offices/pih/phr/about/ao_faq2.cfm#

SA M

2c

PL E

Regulations: General HUD Program Requirements; Waivers, 24 CFR Part 5 Admissions to, and Occupancy of, Public Housing, 24 CFR Part 960 Section 8 Tenant-Based Assistance: Housing Choice Voucher Program, 24 CFR Part 982 Determining Adjusted Income in HUD Programs Serving Persons with Disabilities: Requiring Mandatory Deductions for Certain Expenses; and Disallowance for Earned Income, 66 FR 6218, issued January 19, 2001; 24 CFR Parts 5, 92, et al. (effective April 20, 2001)

H

H A

For Additional Information: Contact your Public Housing Authority (PHA) in your area. In addition, you can find information about HUD’s programs on HUD’s Internet homepage at http://www.hud.gov or call the Public and Indian Housing Information Resource Center at 1-800-955-2232.

8

TIPS TO HELP FIND A RENTAL UNIT WHERE TO LOOK:  GoSection8.com  Classified Section of local newspapers under housing for rent or lease or apartments for rent or lease  Bulletin boards in stores, laundromats, churches, credit unions, supermarkets, etc.  Friends, neighbors, relatives may know of available units  Yard signs advertise rentals  Real estate offices or rental agencies MAKE AN APPOINTMENT:

PL E

 Ask for an appointment to see the home/unit.  Be sure to keep it and to be on time.  Check out the surrounding neighborhood on your visit.

Name, address & phone number of the owner or agent Full address of the home/unit Number of bedrooms Amount of rent Amount of Security Deposit Which utilities, if any, are included in the rent Any restrictions, such as no pets, etc. Will you be responsible for lawn maintenance

H A

       

SA M

QUESTIONS TO ASK PROSPECTIVE LANDLORDS:

H

Note: You have the right to select any eligible unit available for lease, and are not obligated to choose a Hialeah Housing authority owned unit if there are some available for lease.

9

DETERMINING VOUCHER SIZE The HHA does not determine who shares a bedroom or sleeping room, but there must be at least one person per bedroom on the Voucher. The HHA’s subsidy standards for determining Voucher size shall be applied in a manner consistent with Fair Housing Guidelines. All standards on this information page relate to the number of bedrooms on the Voucher, not the family’s actual living arrangements. The unit size of the Voucher remains the same as long as the family composition remains the same, regardless of the actual unit size rented. Generally the HHA assigns one bedroom to two people within the following guidelines:

SA M

PL E

• Adults of the opposite sex (other than spouses) will be allocated separate bedrooms. • Live-in-aides will be counted in determining the family unit size in accordance with HHA policies. For a live-in-aide of the same sex as the head of household in a single family, no additional voucher size will be allocated. No additional voucher size will be provided for the live-in-aide’s family. • Single person families will be allocated one bedroom. • Children under the age of three will not be considered when calculating voucher size. • Foster children will be included in determining unit size, only if they will be in the unit for more than six months. • Space may be provided for a child who is away at school or a family member who is away in the military.

H

Efficiency 1 Bedrooms 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms

H A

Voucher Size

Guidelines for Determining Voucher Size Persons In Household Persons in Household (Minimum #) (Maximum #) 1 1 1 4 2 6 3 8 4 10 6 12

EXCEPTIONS TO SUBSIDY STANDARDS The HHA shall grant exceptions from the subsidy standards if the family requests and the HHA determines that the exceptions are justified by the relationship, age, sex, health or disability of family members or other individual circumstances. The HHA will grant an exception upon request for persons with disabilities. Circumstances may dictate a larger size than the subsidy standards permit when persons cannot share a bedroom because of a need, such as a verified medical or health reason. Request based on health related reasons must be made in writing and verified by a doctor or medical professional.

1

TERM of the VOUCHER / SUSPENSION TERM OF VOUCHER: The housing voucher is issued on the day of the briefing and will expire 60 days after issued, as stated in item 3 on the top of page one of the voucher, unless the family requests an extension in writing and the HHA grants a written extension of the voucher, in which case the voucher will expire on the date stated in Item 4 on page one of the voucher. If the voucher expires and is not extended by the HHA or expires after an extension, the family will be denied assistance. The family will not be entitled to a review or hearing. If the family is currently assisted, it may remain as a participant in the unit if there is an assisted lease/contract in effect.

PL E

If the family includes a person with disabilities and the family requires an extension due to the disability, the Housing Authority will grant an extension allowing the family the full 120 days search time. If the Housing Authority determines that additional search time would be a reasonable accommodation, the Housing Authority will request HUD to approve an additional extension.

H

H A

SA M

SUSPENSIONS: When a Request for Tenancy Approval (“RFTA”) is received, the term of the voucher will be suspended until a lease and contract have been executed for the unit or the HHA determines that leasing the unit is not feasible. If the unit cannot be leased, the Housing Authority will change the expiration date on the voucher and provide the family the same number of search days which remain in the term of the date the RFTA was submitted.

11

FAMILY PARTICIPATION REQUEST FOR EXTENSION OF VOUCHER

PL E

DATE:

SA M

I, , am requesting that my Voucher of Family Participation in the Section 8 program be extended for thirty (30) days, as I will not be able to submit the Request for Lease Approval to the Hialeah Housing Authority by the expiration date.

H A

Signature

H

NAME: ADDRESS:

Note: Requests for extensions must be received prior to the expiration of the voucher. At its discretion, the HA may grant a family’s request for one or more extensions of the initial term, primarily for these reasons:  Extenuating circumstances, such as hospitalization or family emergency that has affected the family’s ability to find a unit within the 60 day period.  The family was prevented from finding a unit due to the need to locate an accessible unit to accommodate a disabled family member or to the family’s need for a unit with four or more bedrooms. A completed search record is required as part of the verification.

12

FAMILY OBLIGATIONS Family obligations are described in on the voucher itself. They include responsibilities the family is required to fulfill, as well as prohibited actions. Violation of any family obligation may result in termination of assistance. A. When the family’s unit is approved and the HAP contract executed, the family must follow the rules listed below in order to continue participating in the Section 8 Rental Voucher Program. B. The family must: 1. The family must supply any information that the HHA or HUD determines to be necessary, including submission of required evidence of citizenship or eligible immigration status.

PL E

2. The family must supply any information requested by the HHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition. 3. Disclose and verify social security numbers and sign and submit consent forms for obtaining information. 4. Any information supplied by the family must be true and complete.

SA M

5. The family is responsible or any HQS breach by the family caused by failure to pay tenantprovided utilities or appliances, or damages to the dwelling unit or premises beyond normal wear and tear caused by any member of the household or guest. 6. The family must allow the HHA to inspect the unit at reasonable times and after reasonable notice. 7. The family must not commit any serious or repeated violation of the lease.

H A

8. Notify the HHA and the owner in writing before moving out of the unit or terminating the lease. 9. Give the HHA a copy of any owner eviction notice.

H

10. Use the assisted unit for residence by the family. The unit must be the family’s only residence. 11. The composition of the assisted family residing in the unit must be approved by the HHA. The family must promptly notify the HHA in writing of the birth, adoption, or court-awarded custody of a child. 12. The family must promptly notify the HHA in writing, within 10 days, if any family member no longer lives in the unit. 13. The family must advise the HHA within ten (10) days of any criminal activity of any household member including, but no limited to, promises to appear, citations, arrests, indictments, convictions, placement on probation regardless of whether adjudication was withheld, charges were dropped for any drug related, violent criminal activity, or felony charge. 14. The family must not sublease the unit, assign the lease, or transfer the unit. 15. The family must supply any information requested by the HHA to verify that the family is living in the unit or information related to family absence from the unit.

13

16. The family must promptly notify the HHA in writing if any family member is absent from the unit. 17. Pay utility bills and provide and maintain appliances that the owner is not required to provide under the lease. 18. The family must not own or have any interest in the unit. 19. Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program. 20. Family members must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right o peaceful enjoyment of other residents and persons residing in the premises. 21. Members of the household must not engage I abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing on the premises.

PL E

22. An assisted family or member of the family must not receive HCV program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program.

SA M

23. Families must demonstrate that they are presently collecting child support, have an open child support enforcement case and are cooperating with the enforcement agency, or provide documentation showing that the absent parent resides in an unenforceable area.

REQUIREMENTS FOR REPORTING CHANGES The HHA requires that families report interim changes to the Housing Authority within 10days of when the change occurs. Any information which is needed to verify the change must be provided within 10 calendar days of the change.

H A

If the change is not reported within the required time period, or if the family fails to provide documentation or signatures, it will be considered untimely reporting.

H

TYPES OF CHANGES

1. CHANGES IN INCOME OR FAMILY COMPOSITION All changes in family composition and income must be reported within 10 calendar days of the occurrence. The family must obtain approval from the HHA and owner prior to all additions of persons over the age of 18 moving into the unit. Additions due to birth, adoption and court awarded custody must be reported within the 10 day calendar limit. If any new family member is added, family income must include any income of the new family member. 2.

CHANGES IN INCOME AND ASSETS Participants may report a decrease in income and other changes which would reduce the amount of tenant rent, such as in increase in allowances or deductions. The HHA will calculate the change if a decrease in income is reported.

14

DO’S & DON’T LIST Do; give the owner and the HHA a 30 days written notice if you plan to move.

♦

Do; keep your apartment neat and clean. It’s your home, and you want to be proud of it.

♦

Do; notify the Owner or Manager if you have a maintenance problem.

♦

Do; notify the HHA if you have a change in income of $25.00 a month or more or any changes in family composition within 10 calendar days.

♦

Do; give the Owner your security deposit before you move into your unit.

♦

Do; pay your portion of the rent on time.

♦

Do; plan to have a family budget.

♦

Do; be conservative with your utilities, specially air conditioning and heating.

♦

Do; leave the apartment clean and in good condition when you move.

♦

Do; advise the HHA within 10 days of any criminal activity of any adult household member.

♦

Don’t; move other families or individuals into your apartment or home.

♦

Don’t; allow anyone to use your unit for unlawful or immoral purposes.

♦

Don’t; sub-lease your apartment, or any part of it.

♦

Don’t; damage your apartment or house in any way or make additions or alterations without the Owner’s permission.

♦

Don’t; leave your apartment unoccupied for weeks at a time.

♦

Don’t; plan to have guests or visitors without the written consent of the Owner and the HHA. Guests can remain in the assisted unit no longer than 14 cumulative calendar days during any 12month period with the written permission of the HHA.

♦

Don’t; permit loud noises or any disturbances in your apartment that may interfere with the peace of your neighbors.

H

H A

SA M

PL E

♦

15

PORTABILITY Portability applies to families moving out of or into the HA’s jurisdiction within the U.S. and its territories. Under portability, families are eligible to receive assistance to lease a unit outside of the initial HA’s jurisdiction. The unit may be located: 1. 2. 3. 4.

In the same state as the initial HA In the same metropolitan statistical area (“MSA”) as the initial HA, but in a different state In an MSA adjacent to the MSA of the initial HA, but in a different state In the jurisdiction of a HA anywhere within the US that administers a tenant based program

OUTGOING PORTABILITY

PL E

When a family requests to move to outside of the HA’s jurisdiction, the request must specify the area to which the family wants to move. If the family is moving to a unit located in the same state as the initial HA, in the same MSA, but in a different state, or in an adjacent MSA in a different state and there is not an HA in the area where the unit is located, the initial HA will be responsible for the administration of the family’s assistance. If there is more than one HA in the area in which the family has selected a unit, the HA will choose the receiving HA.

OUTGOING PORTABILITY PROCEDURES

SA M

The HHA will provide pre-portability counseling for those families who express an interest in portability. If the family is utilizing portability for their initial lease-up, the HHA will determine if the family is within the very low income limit of the receiving HA. If the receiving HA will absorb and the family will be changing its form of assistance, the HHA will advise the family accordingly. *The HHA will notify the Receiving HA that the family wishes to relocate into its jurisdiction

H A

*The HHA will advise the family how to contact and request assistance from the Receiving HA *The HHA will notify the Receiving HA that the family will be moving into its jurisdiction

H

*The HHA will provide the following documents and information to the Receiving HA: 1. Copy of the family’s voucher with issue & expiration dates, formally acknowledging the family’s ability to move under portability 2. Most recent HUD 50058 form and verification 3. Declarations and verifications of U.S. Citizenship/eligible immigrant status 4. Persons designated for inquiries on eligibility and billing 5. Administrative Fee Schedule for billing purposes *The Receiving HA must notify the HA within (60) sixty calendar days of the following: 1. 2. 3. 4.

The Receiving HA decides to absorb the family into their own program. The family leases up or fails to submit a Request for Lease Approval by the required date. Assistance to a portable family is terminated by the Receiving HA. The family requests to move to an area outside the Receiving HA’s jurisdiction.

16

RESTRICTIONS ON PORTABILITY 1. Families will not be permitted to exercise portability during the initial 12 month period after admission to the program, if neither the head or spouse had a domicile (legal residence) in the HHA’s jurisdiction at the date of their initial application for assistance unless the receiving and initial HA agree to allow the move. 2. If the family is in violation of a family obligation. 3. If the family owes money to the HA.

PAYMENT TO THE RECEIVING HA

PL E

The HHA will requisition funds from HUD based on the anticipated lease-ups of portable Vouchers in the other HA’s jurisdictions. Payments for families in other jurisdictions will be made to other HA’s when billed or in accordance with other HD approved procedures for payment.

SA M

When billed, the HHA will reimburse the Receiving HA for 100% of the HAP, 100% of the Special Claims paid on HAP contract effective prior to 10/2/95, and 80% of the Administrative Fee (at the initial HA’s rate), and any other HUD-approved fees.

LIST OF NEIGHBORING HOUSING AUTHORITIES Miami-Dade Housing Agency 2153 Coral Way Miami, FL 33145 (305) 644-5100

H

H A

Miami Beach Housing Authority 200 Alton Road Miami Beach, FL 33139 (305) 532-6401 Homestead Housing Authority 29355 South Federal Highway Homestead, FL 33030-0278 (305) 247-0639

Broward County Housing Authority 1773 North State Road 7 Lauderhill, FL 33313 (954) 739-1114 Ft. Lauderdale Housing Authority th 437 S.W. 4 Avenue Ft. Lauderdale, FL 33315 (954) 525-6444 Hollywood Housing Authority 7300 N. Davie Road Extension Hollywood, FL 33024 (954) 989-4691

17

TERMINATION OF ASSISTANCE HUD requires the HHA to terminate assistance for certain offenses and when the family no longer requires assistance. HUD permits the HHA to terminate assistance for certain other actions family members take or fail to take. When a family no longer requires assistance, because the amount of subsidy drops to zero, the family will continue to be a participant, but if the subsidy remains at zero for 180 consecutive days the family’s assistance terminates automatically. If a change in circumstances would cause the HAP payment to rise above zero, the family must notify the HHA of the changes and request an interim reexamination before the expiration of the 180-day period. Mandatory termination of assistance

H

H A

SA M

PL E

 Owner eviction for serious or repeated violation of the lease. A family will be considered evicted if the family moves after a legal notice has been issued, whether or not physical enforcement of the order was necessary or if the family moves after the owner has given the family an eviction notice.  The family violates any obligation under the program as listed in the contract  The family has not reimbursed monies due to an owner under a HAP contract for rent, damages or neglect done to the unit  Currently owes rent or other amounts to the HHA or another HA in connection with Section 8 or any other Federal Housing Program  The family has engaged in or threatened abusive behavior toward any HHA personnel  The family or any member has engaged in drug-related criminal activity, violent criminal activity or any felony related incident  Has committed any fraud, bribery or any other corrupt or criminal activity in connection with any Federal Housing Program  The family has failed to submit required documentation  Unauthorized moves or occupancy. The family must request approval from the HHA to move or add any other family member as occupant of the unit.  Subleases, let, assigns or transfers the unit  Untimely notification of changes (family composition or income in excess of $25.00 / month must be reported within 10 calendar days)  Fails to sign and submit consent forms for obtaining information in accordance with 24 CFR part 760 and 813  Has threatened the peaceful enjoyment of the premises by other tenants  Has failed to supply true and complete information  Receives Section 8 assistance while receiving another housing subsidy for the same unit or a different unit under any other Federal State or Local Housing Assistance Program.

18

INFORMAL HEARING PROCEDURES [24 CFR 982.555(a-f), 982.54(d)(13)] When the Housing Authority makes a decision regarding a participant’s continued assistance they must be notified in writing. The HHA will give the family prompt notice of such determinations which will include:

H

H A

SA M

PL E

The proposed action or decision of the HHA The date the proposed action or decision will take place An explanation of the basis for the HHA’s decision Information for requesting a hearing if the family disputes the action or decision The time limit for requesting the hearing To whom the hearing request should be addressed

19

DETERMINATION OF HOUSING ASSISTANCE PAYMENT HAP is the rent subsidy that the Housing Authority pays to a landlord on the tenant’s behalf. There are four factors that determine how the Housing Authority calculates the HAP: • • • •

Subsidy Standards Payment Standards TTP Gross Rent

Subsidy Standards

PL E

The subsidy standards are used to determine the maximum rent subsidy for the Housing Choice Voucher. For the purpose of determining subsidy standards, the voucher size will be assigned so that the head of household and his / her spouse, is allocated one bedroom. All remaining members are allocated one bedroom for every two family members, as specified in the section “Determining Voucher Size”. The Housing Authority does not determine who shares a bedroom. Families requesting reasonable accommodation due to disability should check with the Section 504 Coordinator. Request for live-in-aide:

SA M

• The live-in-aide must be at least 18 years old, and provide a social security card and/or a government issued identification. • The live-in-aide will be required to sign a Statement of Understanding which outlines the policies governing the live-in-aide status. • Your Case Worker will guide through the process of requesting a live-in-aide.

H A

Payment Standards

A payment standard is an amount established by HA’s based on HUD’s published Fair Market Rents for each market area and for unit size. The unit size means number of bedrooms in the unit.

H

The family may select a different size unit than the voucher size listed on the Housing Choice Voucher. The family may choose to rent a smaller size unit as long as the unit is within the maximum occupancy level under the HQS. HUD defines maximum occupancy level as two persons per bedroom/sleeping room. A living room may be counted as a sleeping room. The payment standard does not necessarily equal “Rent to Owner”. The payment standard is the lower of: • The payment standard for the voucher size listed on the Housing Choice Voucher; or • The payment standard for the size of the unit rented by the family Once the payment standard is determined, the HHA uses the payment standard to calculate the monthly housing assistance payment for a family. A copy of the current payment standards is included in this packet. 20

Total Tenant Payment The TTP is the greater of: • 30% of the family’s monthly adjusted income • 10% of the monthly gross income • Minimum rent ($50.00) In most cases, the TTP is 30% of the family’s monthly adjusted income. Adjusted income means your gross income minus the HUD allowable deductions. Gross Rent

PL E

Gross rent is the rent to owner plus any utility allowance. The utility allowance is based on the utilities that the tenant is responsible for paying. The most recent Utility Allowance Schedule is included in this packet. Mixed family

SA M

Eligibility for federal housing assistance is limited to US Citizens and applicants who have eligible immigration status.

H

H A

A mixed family is eligible for prorated assistance. Prorated assistance is a calculation of subsidy based on the number of members who are citizens or have eligible immigration status. As a result mixed families will pay a larger amount towards rent than the Total Tenant Payment listed on their Housing Choice Voucher.

21

CURRENT PAYMENT STANDARDS PER BEDROOM SIZE (2016)

0 BDR

1 BDR

2 BDR

3 BDR

4 BDR

5 BDR

PL E

Unit Size

774

975

1250

1671

1987

2285

Payment Standard

774

975

1250

1671

1987

2285

Percent of FMR – 100% Effective Date: January 1, 2016

SA M

FMR

H A

Note: HUD publishes the fair market rents for each market area in the United States. The PHA must adopt a payment standard schedule that establishes voucher payment standard amounts for each FMR area in the PHA jurisdictions. For each FMR area, the PHA must establish payment standard amounts for each “unit size”. Unit size is measured by the number of bedrooms.

H

The payment standard amounts on the PHA schedule are used to calculate the monthly housing assistance payment for a family.

22

23

H A

H PL E

SA M

24

H A

H PL E

SA M

Sample - Based on Head of Household with one child under (8) full time student

HOW YOUR RENT IS CALCULATED

$ 11,960.00

Less Allowances ……………………………………………………...

480.00

Annual Adjusted Income ……………………………………………..

11,480.00

Monthly Adjusted Income divided by twelve (12) Months …………..

957.00

30 % of Monthly Income equals TTP ………………………………...

287.00

Rent Requested by Landlord ………………………………………….

650.00

SA M

PL E

Your Annual Income ………………………………………………....

49.00

Gross Rent (rent + utility) …………………………………………….

699.00

Payment Standard Established for a 2-Bdr Unit ……………………...

768.00

H A

Utility Allowance for a (2) Bedroom paying Electricity only ………..

H

Calculating Housing Assistance Payment (HAP) to Landlord ………. 1. Take the Lesser of Gross Rent or the Payment Standard ………….. 2.- Subtract the TTP amount (e.g. $699 – 287) to get Subsidy ……….

412.00

Your Portion of the Rent to Owner (Rent less Subsidy) 650.00 – 412.00 Equals your portion

238.00/mo.

Note: Permissible allowances are: $480 per minor children or for full time student $400 for elderly or disabled family (one time only) For elderly and disabled families only medical or auxiliary assistance is considered an allowance (see your caseworker for more details).

25

INFORMATION FOR PERSONS WITH DISABILITIES LIST OF PROPERTIES WITH DISABLED UNITS The following local service organizations may be able to offer advice and assistance on available units which meet the needs of persons with disabilities: SPINAL CORD LIVING ASSISTANCE DEVELOPMENT, INC. (SCLAD) SCLAD Park Place 240 E. 1 Avenue, Suite 122 250 East 2nd Avenue Hialeah, FL 33010 Hialeah, FL 33010 Phone: (305)887-8838 Phone: (305)887-8838 Number of disabled units = 18 Number of disabled units = 34

TUSCAN PLACE-14 Units 600 NW 6 Street Miami, FL 33136 Number of disabled units = 14

SA M

MADISON HOUSING LTD-12 Units 642 NW 5 Avenue Miami, FL 33136 Number of disabled units = 12

PL E

CITRUS HEALTH NETWORK, INC. MENTAL HEALTH CENTER-30 Units 4175 W. 20th Avenue Hialeah, FL 33012-5875 Phone: (305) 825-0300, FAX: (305) 362-1486 Number of disabled units = 52

H A

BRISAS DEL MAR-8 Units 556 W Flagler Street Miami, FL 33130 Number of disabled units = 8

RES PLAZA AT BLUE LAGOON 5617 NW 7 Street Miami, FL 33126 Number of disabled units = 24

H

LISTING OF LANDLORDS

Please note that the Housing Authority regularly contacts property owners and provides a current listing of the following: A. B. C. D.

Current listing of landlords willing to lease Current listing of parties to help search for units Current listing of landlords with accessible units for disabled persons Current listing of parties to help search for units for disabled persons

These listings are available at the Front Desk in the Section 8 Department of the HHA.

7

27

VIOLENCE AGAINST WOMEN’ S ACT (“VAWA”) VAWA prohibits denial of admission to an otherwise qualified applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, or stalking. Domestic violence includes felony and misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship The type of relationship The frequency of interaction between the persons involved in the relationship

PL E

• • •

Stalking means:

• •

To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or To place under surveillance with the intent to kill, injure, harass, or intimidate another person; and In the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person.

SA M

•

•

A spouse, parent, brother, or sister, or child of that person, or an individual to whom that persons stands in the position or place of a parent; or Any other person living in the household of that person and related to that person by blood and marriage.

H

•

H A

Immediate family member means, with respect to a person,

Additional information on protections for victims of abuse can be found in HUD’s Form 52641-A, Tenancy Addendum which should be attached to the lease. (See copy of Tenancy Addendum attached)

7

27

TENANCY ADDENDUM Section 8 Tenant-Based Assistance Housing Choice Voucher Program (To be attached to Tenant Lease)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0169 Exp. 04/30/2014

1. Section 8 Voucher Program a.

b.

The owner is leasing the contract unit to the tenant for occupancy by the tenant’s family with assistance for a tenancy under the Section 8 housing choice voucher program (voucher program) of the United States Department of Housing and Urban Development (HUD). The owner has entered into a Housing Assistance Payments Contract (HAP contract) with the PHA under the voucher program. Under the HAP contract, the PHA will make housing assistance payments to the owner to assist the tenant in leasing the unit from the owner.

a.

b.

b.

H

c.

During the lease term, the family will reside in the contract unit with assistance under the voucher program. The composition of the household must be approved by the PHA. The family must promptly inform the PHA of the birth, adoption or court-awarded custody of a child. Other persons may not be added to the household without prior written approval of the owner and the PHA. The contract unit may only be used for residence by the PHA-approved household members. The unit must be the family’s only residence. Members of the household may engage in legal profit making activities incidental to primary use of the unit for residence by members of the family. The tenant may not sublease or let the unit. The tenant may not assign the lease or transfer the unit.

H A

a.

d. e.

4 . Rent to Ow n er a.

b.

c.

The initial rent to owner may not exceed the amount approved by the PHA in accordance with HUD requirements. Changes in the rent to owner shall be determined by the provisions of the lease. However, the owner may not raise the rent during the initial term of the lease. During the term of the lease (including the initial term of the lease and any extension term), the rent to owner may at no time exceed:

(2)

Rent charged by the owner for comparable unassisted units in the premises.

E

The family is responsible for paying the owner any portion of the rent to owner that is not covered by the PHA housing assistance payment. Each month, the PHA will make a housing assistance payment to the owner on behalf of the family in accordance with the HAP contract. The amount of the monthly housing assistance payment will be determined by the PHA in accordance with HUD requirements for a tenancy under the Section 8 voucher program. The monthly housing assistance payment shall be credited against the monthly rent to owner for the contract unit. The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease. The owner must immediately return any excess rent payment to the tenant.

PL d.

SA

3 . Use of Contract Unit

c.

M

b.

The owner has given the PHA a copy of the lease, including any revisions agreed by the owner and the tenant. The owner certifies that the terms of the lease are in accordance with all provisions of the HAP contract and that the lease includes the tenancy addendum. The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control.

The reasonable rent for the unit as most recently determined or redetermined by the PHA in accordance with HUD requirements, or

5. Family Payment to Owner

2 . Le as e a.

(1)

e.

f.

6. Other Fees and Charges a.

b.

c.

Rent to owner does not include cost of any meals or supportive services or furniture which may be provided by the owner. The owner may not require the tenant or family members to pay charges for any meals or supportive services or furniture which may be provided by the owner. Nonpayment of any such charges is not grounds for termination of tenancy. The owner may not charge the tenant extra amounts for items customarily included in rent to owner in the locality, or provided at no additional cost to unsubsidized tenants in the premises.

7. Maintenance, Utilities, and Other Services a.

Maintenance (1) The owner must maintain the unit and premises in accordance with the HQS. (2)

Previous editions are obsolete

Maintenance and replacement (including

form HUD-52641-A (8/2009) ref Handbook 7420.8

redecoration) must be in accordance with the standard practice for the building concerned as established by the owner.

b.

is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or (b) Viol ating a condi tion of probatio n or parole under Federal or State law.

Utilities and appliances (1) The owner must provide all utilities needed to comply with the HQS. (2)

The owner is not responsible for a breach of the HQS caused by the tenant’s failure to: (a) Pay for any utilities that are to be paid by the tenant.

The owner may terminate the tenancy for criminal activity by a household member in accordance with this section if the owner determines that the household member has committed the criminal activity, regardless of whether the household member has been arrested or convicted for such activity.

(4)

The owner may terminate the tenancy during the term of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents.

(b)

c.

d.

Provide and maintain any appliances that are to be provided by the tenant. Family damage. The owner is not responsible for a breach of the HQS because of damages beyond normal wear and tear caused by any member of the household or by a guest. Housing services. The owner must provide all housing services as agreed to in the lease.

(3)

d.

8. Termination of Tenancy by Owner

Criminal activity or alcohol abuse (as provided in paragraph c); or (4) Other good cause (as provided in paragraph d).

(3)

Criminal activity or alcohol abuse. (1) The owner may terminate the tenancy during the term of the lease if any member of the household, a guest or another person under a r eside nt ’ s co nt r ol co mm i t s any of t he following types of criminal activity: Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises);

H

(a)

H A

c.

PL

Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the unit and the premises;

(b)

(b)

Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises;

(c)

Any violent criminal activity on or near the premises; or

Any drug-related criminal activity on or near the premises. (2) The owner may terminate the tenancy during the term of the lease if any member of the household is: (d)

(a) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that

Previous editions are obsolete

Destr uc t i on of pr oper t y, or

Living or housekeeping habits that cause damage to the unit or premises. (3) After the initial lease term, such good cause may include: (c)

M

(2)

(2) During the initial lease term or during any extension term, other good cause may include: (a) Distur bance of nei gh bor s,

SA

b.

may only terminate the tenancy in accordance with the lease and HUD requirements. Grounds. During the term of the lease (the initial term of the lease or any extension term), the owner may only terminate the tenancy becaus e of: (1) Serious or repeated violation of the lease;

E

a. Requirements. The owner

Other good cause for termination of tenancy (1) During the initial lease term, other good cause for termination of tenancy must be something the family did or failed to do.

(a)

The tenant’s failure to accept the owner’s offer of a new lease or revision;

(b)

The owner’s desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or

(c) A business termination of the property, owner’s desire rent).

or economic reason for the tenancy (such as sale of renovation of the unit, the to rent the unit for a higher

(4) The examples of other good cause in this paragraph do not preempt any State or local laws to the contrary. (5) In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease, requiring the tenant to vacate the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner: (a) will occupy the unit as a primary residence; and (b) has provided the tenant a notice to vacate at least 90 days before the ef f ec ti ve date of s uch not i ce. T hi s provision shall not affect any State or local law that provides for longer time periods or a dditi on protec ti ons for ten a nt s. Thi s provision will sunset on December 31, 2012 unless extended by law.

form HUD-52641-A (8/2009) ref Handbook 7420.8

e. Protections for Victims of Abuse.

Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the c ont r ar y, a P H A, owner or ma n a ger ma y “bifur cate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, ter minate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawf ul occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program.

f.

Eviction by court action. The owner may only evict the tenant by a court action.

g. Owner notice of grounds (1) At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice that specifies the grounds for termination of tenancy. The notice may be included in or combined with any owner eviction notice. (2)

The owner must give the PHA a copy of any owner eviction notice at the same time the owner notifies the tenant.

(3)

Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law.

9. Lease: Relation to HAP Contract If the HAP contract terminates for any reason, the lease terminates automatically.

SA

M

(3)

(7) Nothing in this section shall be constr ued to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

E

(2)

An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim.

PL

(1)

housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance.

10. PHA Termination of Assistance The PHA may terminate program assistance for the family for any grounds authorized in accordance with HUD requirements. If the PHA terminates program assistance for the family, the lease terminates automatically.

H A

Nothing in this section may be construed to limit 11. Family Move Out the authority of a public housing agency, owner, or The tenant must notify the PHA and the owner before the family moves manager, when notified, to honor court orders out of the unit. addressing rights of access or control of the property, including civil protection orders issued to 12. Security Deposit protect the victim and issued to address the a. The owner may collect a security deposit from the distribution or possession of property among the tenant. (However, the PHA may prohibit the owner household members in cases where a family breaks from collecting a security deposit in excess of up. private market practice, or in excess of amounts charged by the owner to unassisted tenants. Any (5) Nothing in this section limits any otherwise such PHA-required restriction must be specified in available authority of an owner or manager to evict the HAP contract.) or the public housi ng agency to ter minat e b. When the family moves out of the contract unit, the assistance to a tenant for any violation of a lease owner, subject to State and local law, may use the not premised on the act or acts of violence in security deposit, including any interest on the question against the tenant or a member of the deposit, as reimbursement for any unpaid rent tenant’s household, provided that the owner, payable by the tenant, any damages to the unit or manager, or public housing agency does not subject any other amounts that the tenant owes under the an individual who is or has been a victim of lease. domestic violence, dating violence, or stalking to a c. The owner must give the tenant a list of all items more demanding standard than other tenants in charged against the security deposit, and the amount determining whether to evict or terminate. of each item. After deducting the amount, if any, used to reimburse the owner, the owner must (6) Nothing in this section may be construed to limit promptly refund the full amount of the unused the authority of an owner or manager to evict, or balance to the tenant. the public housing agency to terminate assistance, to any tenant if the owner, manager, or public

H

(4)

Previous editions are obsolete

form HUD-52641-A (8/2009) ref Handbook 7420.8

d.

If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect the balance from the tenant.

13. Prohibition of Discrimination In accordance with applicable equal opportunity statutes, Executive

b.

The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law and regulation, as a condition for Federal assistance to the tenant and tenant’s family under the Section 8 voucher program. In case of any conflict between the provisions of the tenancy addendum as required by HUD, and any other provisions of the lease or any other agreement between the owner and the tenant, the requirements of the HUD-required tenancy addendum shall control.

15. Changes in Lease or Rent

If the family moves to a new unit, even if the unit is in the same building or complex.

H

(3)

H A

SA

a. The tenant and the owner may not make any change in the tenancy addendum. However, if the tenant and the owner agree to any other changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must be in accordance with the requirements of the tenancy addendum. b. In the following cases, tenant-based assistance shall not be continued unless the PHA has approved a new tenancy in accordance with program requirements and has executed a new HAP contract with the owner: (1) If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or appliances; (2) If there are any changes in lease provisions governing the term of the lease;

PL

a.

M

14. Conflict with Other Provisions of Leas e

Household. The persons who may reside in the contract unit. The household consists of the family and any PHA-approved live-in aide. (A live-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a person with disabilities.) Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the Section 8 tenant-based programs. HUD. The U.S. Department of Housing and Urban Development. HUD requirements. HUD requirements for the Section 8 program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives. Lease. The written agreement between the owner and the tenant for the lease of the contract unit to the tenant. The lease includes the tenancy addendum prescribed by HUD. PHA. Public Housing Agency. Premises. The building or complex in which the contract unit is located, including common areas and grounds. Program. The Section 8 housing choice voucher program. Rent to owner. The total monthly rent payable to the owner for the contract unit. The rent to owner is the sum of the portion of rent payable by the tenant plus the PHA housing assistance payment to the owner. Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f). Tenant. The family member (or members) who leases the unit from the owner. Voucher program. The Section 8 housing choice voucher program. Under this program, HUD provides funds to a PHA for rent subsidy on behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a tenancy under the voucher program.

E

Orders, and regulations, the owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status or disability in connection with the lease.

Family. The persons who may reside in the unit with assistance under the program. HAP contract. The housing assistance payments contract between the PHA and the owner. The PHA pays housing assistance payments to the owner in accordance with the HAP contract.

PHA approval of the tenancy, and execution of a new HAP contract, are not required for agreed changes in the lease other than as specified in paragraph b. d. The owner must notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and the amount of the rent to owner following any such agreed change may not exceed the reasonable rent for the unit as most recently deter mined or redetermined by the PHA in accordance with HUD requirements. c.

16.

Notices

Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing.

17.

Definitions

Contract unit. The housing unit rented by the tenant with assistance under the program.

Previous editions are obsolete

form HUD-52641-A (8/2009) ref Handbook 7420.8

U.S. Department of Housing and Urban Development Office of Inspector General

November 2004

Things You Should Know Don't risk your chances for Federally assisted housing by providing false, incomplete, or inaccurate information on your application forms.

This is to inform you that there is certain information you must provide when applying for assisted housing. There are penalties that apply if you knowingly omit information or give false information.

PL E

Purpose

SA M

Penalties for The United States Department of Housing and Urban Development (HUD) places a high Committing priority on preventing fraud. If your application or recertification forms contain false or incomplete infor mation, you may be: Fraud     

Evicted from your apartment or house: Required to repay all overpaid rental assistance you received: Fined up to S 10,000: Imprisoned for up to 5 years; and/or Prohibited from receiving future assistance.

When you meet with the person who is to fill out your application, you should know what is expected of you. If you do not understand something, ask for clarification. That person can answer your question or find out what the answer is.

H

Asking Questions

H A

Your State and local governments may have other laws and penalties as well.

Completing The Application

Income

When you answer application questions, you must include the following information:

    

Assets



All sources of money you or any member of your household receive (wages. welfare payments, alimony, social security, pension, etc.): Any money you receive on behalf of your children (child support, social security for children, etc.); Income from assets (interest from a savings account, credit union, or certificate of deposit: dividends from stock, etc.); Earnings from second job or part time job; Any anticipated income (such as a bonus or pay raise you expect to receive) All bank accounts, savings bonds, certificates of deposit, stocks, real estate, etc.. that are owned by you and any adult member of your family's household who will be living with you.

 Any business or asset you sold in the last 2 years for less than its full value, such as your home to your children.  The names of all of the people (adults and children) who will actually be living with you, whether or not they are related to you.

 

Recertifications

Do not sign any form unless you have read it, understand it, and are sure everything is complete and accurate. When you sign the application and certification forms, you are claiming that they are complete to the best of your knowledge and belief. You are committing fraud if you sign a form knowing that it contains false or misleading information. Information you give on your application will be verified by your housing agency. In addition, HUD may do computer matches of the income you report with various Federal, State, or private agencies to verify that it is correct.

PL E



You must provide updated information at least once a year. Some programs require that you report any changes in income or family/household composition immediately. Be sure to ask when you must recertify. You must report on recertification forms:   

All income changes, such as increases of pay and/or benefits, change or loss of job and/or benefits, etc., for all household members. Any move in or out of a household member; and, All assets that you or your household members own and any assets that was sold in the last 2 years for less than its full value.

SA M

Signing the Application

You should be aware of the following fraud schemes:

Beware of Fraud

Do not pay any money to file an application; Do not pay any money to move up on the waiting list; Do not pay for anything not covered by your lease; Get a receipt for any money you pay; and, Get a written explanation if you are required to pay for anything other than rent (such as maintenance charges).

Reporting Abuse

H

H A

    

HUD- 1140-OIG

If you are aware of anyone who has falsified an application, or if anyone tries to persuade you to make false statements, report them to the manager of your complex or your PHA. If that is not possible, then call the local HUD office or the HUD Office of Inspector General (OIG) Hotline at (800) 347-3735. You can also write to: HUD-OIG HOTLINE, (GFI) 451 Seventh Street, S.W., Washington, DC. 20410.

THIS DOCUMENT MAY BE REPRODUCED WITHOUT PERMISSION

H A

SA M

PL E

Are You a Victim of Housing Discrimination?

H

Fair Housing is Your Right! If you have been denied your housing rights…you may have experienced unlawful discrimination.

U.S. Department of Housing and Urban Development

Where to mail your form or inquire about your claim

For New Jersey and New York: NEW YORK/NEW JERSEY OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment 26 Federal Plaza, Room 3532 New York, NY 10278-0068 Telephone (212) 264-1290 or 1-800-496-4294 Fax (212) 264-9829 • TTY (212) 264-0927 E-mail: Co [email protected]

For Iowa, Kansas, Missouri and Nebraska: GREAT PLAINS OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment Gateway Tower II 400 State Avenue, Room 200, 4th Floor Kansas City, KS 66101-2406 Telephone (913) 551-6958 or 1-800-743-5323 Fax (913) 551-6856 • TTY (913) 551-6972 E-mail: Co [email protected]

For Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming: ROCKY MOUNTAINS OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment 1670 Broadway Denver, CO 80202-4801 Telephone (303) 672-5437 or 1-800-877-7353 Fax (303) 672-5026 • TTY (303) 672-5248 E-mail: Co [email protected]

SA M

For Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia: MID-ATLANTIC OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment The Wanamaker Building 100 Penn Square East Philadelphia, PA 19107 Telephone (215) 656-0663 or 1-888-799-2085 Fax (215) 656-3419 • TTY (215) 656-3450 E-mail: Co [email protected]

For Arkansas, Louisiana, New Mexico, Oklahoma, and Texas: SOUTHWEST OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment 801 North Cherry, 27th Floor Fort Worth, TX 76102 Telephone (817) 978-5900 or 1-888-560-8913 Fax (817) 978-5876 or 5851 • TTY (817) 978-5595 E-mail: Co [email protected]

PL E

For Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont: NEW ENGLAND OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment Thomas P. O’Neill, Jr. Federal Building 10 Causeway Street, Room 321 Boston, MA 02222-1092 Telephone (617) 994-8320 or 1-800-827-5005 Fax (617) 565-7313 • TTY (617) 565-5453 E-mail: Co [email protected]

H

H A

For Alabama, the Caribbean, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee: SOUTHEAST/CARIBBEAN OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment Five Points Plaza 40 Marietta Street, 16th Floor Atlanta, GA 30303-2808 Telephone (404) 331-5140 or 1-800-440-8091 Fax (404) 331-1021 • TTY (404) 730-2654 E-mail: Co [email protected] For Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin: MIDWEST OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment Ralph H. Metcalfe Federal Building 77 West Jackson Boulevard, Room 2101 Chicago, IL 60604-3507 Telephone (312) 353-7776 or 1-800-765-9372 Fax (312) 886-2837 • TTY (312) 353-7143 E-mail: Co [email protected]

For Arizona, California, Hawaii, and Nevada: PACIFIC/HAWAII OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment 600 Harrison Street, Third Floor San Francisco, CA 94107-1300 Telephone (415) 489-6524 or 1-800-347-3739 Fax (415) 489-6558 • TTY (415) 436-6594 E-mail: Co [email protected] For Alaska, Idaho, Oregon, and Washington: NORTHWEST/ALASKA OFFICE Fair Housing Hub U.S. Dept. of Housing and Urban Develo pment Seattle Federal Office Building 909 First Avenue, Room 205 Seattle, WA 98104-1000 Telephone (206) 220-5170 or 1-800-877-0246 Fax (206) 220-5447 • TTY (206) 220-5185 E-mail: Co [email protected] If after contacting the local office nearest you, you still have questions – you may contact HUD further at: U.S. Dept. of Housing and Urban Develo pment Office of Fair Housing and Equal Opportunity 451 7th Street, S.W., Room 5204 Washington, DC 20410-2000 Telephone (202) 708-0836 or 1-800-669-9777 Fax (202) 708-1425 • TTY 1-800-927-9275

To file electronically, visit: www.hud.gov

PLACE POSTAGE HERE

SA M

PL E

MAIL TO:

H

H A

Public Reporting Burden for this collection of information is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Depar tment of Housing and Urban Development is authorized to collect this information by Title VIII of the Civil Rights Act of 1968, as amend ed by the Fair Housing Amendments Act of 1988, (P.L. 100-430); Title VI of the Civil Rights Act of 1964, (P.L. 88-352); Section 504 of the Rehabilitation Act of 1973, as amended, (P.L. 93-112); Section 109 of Title I- Housing and Community DevelopmentActof1974,as amended,(P.L.97-35);Americans withDisabilitiesAct of1990,(P.L.101-336);and bytheAge Discrimination Act of 1975, as amended, (42 U.S.C. 6103). Th e in fo r m a t io n w ill b e u s e d t o in ve s t ig a t e a n d t o p r o c e s s h o u s in g d is crim in a t io n co m p la in t s. Th e in fo r m a t io n m a y b e d is clo se d t o th e Un ite d State s De p ar t m e n t of Jus t ice for its us e in th e f ili n g of p atte r n an d p r ac tice su it s o f h o u sin g d iscrim in a t io n o r t h e p ro se cu t io n o f t h e p e rso n (s) who committed that discrimination where violence is involved; and to State or local fair housing agencies that a d m in ist e r su b s t a n t ia lly e q u iva le n t fa ir h o u s in g la w s fo r co m p la in t p r o c e s s in g . Fa ilu r e t o p r o vid e s o m e o r a ll o f t h e r e q u e s t e d

information will result in delay or denial of HUD assistance. Disclosure of this information is voluntary.

Housing Discrimination Information Departamento de Vivienda y Desarrollo Urbano Oficina de Derecho Equitativo a la Vivienda U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity

Instructions: (Please type or print) Rea d this form carefully. Try to answer all questions. If you do not know the answer or a question does not apply to you, leave the space blank. You have one year from the date of the alleged discrimination to file a complaint. Your form should be signed and dated.

Your Name

Your Address

State

Best time to call

Your Daytime Phone No

Zip Code

PL E

City

Evening Phone No

SA M

Who else can we call if we cannot reach you? Contact’s Name

Daytime Phone No

1

Evening Phone No

Best Time to call

Evening Phone No

H

Daytime Phone No

H A

Contact’s Name

Best Time to call

What happened to you? How were you discriminated against? For example: were you refused an opportunity to rent or buy housing? Denied a loan? Told that housing was not available when in fact it was? Treated differently from others seeking housing?

State briefly what happened.

Form HUD-903.1 (1/02)

OMB Approval No. 2529-0011 (exp. 11/30/2007)

Housing Discrimination Information Departamento de Vivienda y Desarrollo Urbano Oficina de Derecho Equitativo a la Vivienda U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity

2

Why do you think you are a victim of housing discrimination? Is it because of your: • race • color • religion • sex • national

origin • familial status (families with children under 18) •disability?

For example: were you denied housing because of your race? Were you denied a mortgage loan because of your religion? Or turned down for an apartment because you have children?

Briefly explain why you think your housing rights were denied and circle the factor(s) listed above that you believe apply.

3

PL E

Who do you believe discriminated against you?

For example: was it a landlord, owner, bank, real estate agent, broker, company, or organization? Identify who you believe discriminated against you.

SA M

Na me

Address

4

Where did the alleged act of discrimination occur?

H A

For example: Was it at a rental unit? Single family home? Public or Assisted Housing? A Mobile Home? Did it occur at a bank or other lending institution?

Address

H

Provide the address.

City

5

State

Zip Code

When did the last act of discrimination occur? Enter the date

Is the alleged discrimination continuing or ongoing?

/

/

Yes No

Signature

Date

Send this form to HUD or to the fair housing agency nearest you. If you are unable to complete this form, you may call that office directly. See address and telephone listings on back page.

• Race • Color • National origin • Religion

PL E

• Sex • Familial status (families with children under the age of 18, or who are expecting a child)

• Handicap (if you or someone close to you has a disability)

SA M

If You Believe Your Rights Have Been Violated...

• HUD or a State or local fair housing agency is ready to help you file a complaint.

H A

• After your information is received, HUD or a State or local fair housing agency will contact you to discuss the concerns you raise.

H

Keepthisinformationforyour records.

/

Date you mailed your information to HUD: Address to which you sent the information:

Office

/

Telephone

Street

City

State

Zip Code

If you have not heard from HUD or a State or local fair housing agency within three weeks from the date you mailed this form, you may call to inquire about the status of your complaint. See address and telephone listings on back page.

Detach here. Fold and close with glue or tape (no staples)

It is Unlawful to Discriminate in Housing Based on These Factors...

Are You a Victim of Housing Discrimination? “The American Dream of having a safe and decent place to call ‘home’ reflects our shared belief that in this nation, opportunity and success are within everyone’s reach. Under our Fair Housing laws, every citizen is assured the opportunity to build a better life in the home or apartment of their choice — regardless of their race, color, religion, sex, national origin, family status or disability.” Alphonso Jackson Secretary

PL E

How do you recognize Housing Discrimination?

UndLaw to:

Under the Fair Housing Act, it is Against the Law to: Refuse to rent to you or sell you housing

•

Tell you housing is unavailable when in fact it is available

•

SA M

•

Show you apartments or homes only in certain neighborhoods

• •

Provide different housing services or facilities Advertise housing to preferred groups of people only Refuse to provide you with information regarding

H

•

Set different terms, conditions, or privileges for sale or rental of a dwelling

H A

•

mortgage loans, deny you a mortgage loan, or impose different terms or conditions on a mortgage loan

•

Deny you property insurance

•

Conduct property appraisals in a discriminatory manner

•

Refuse to make reasonable accommodations for persons with a disability if the accommodation may be necessary to afford such person a reasonable and equal opportunity to use and enjoy a dwelling.

•

Fail to design and construct housing in an accessible manner

•

Harass, coerce, intimidate, or interfere with anyone exercising or assisting someone else with his/her fair housing rights