HomeMy WebLinkAboutItem 02 - Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility Housing Authority
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Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility
AGENDA TITLE:
Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility with the Orange
County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing
Authority
RECOMMENDED ACTION
Authorize the Executive Director of the Housing Authority to execute an extension of the
Memorandum of Agreement for Inter-Jurisdictional Mobility with the Orange County
Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority
effective May 1, 2022 through April 30, 2027, subject to non-substantive changes
approved by the Executive Director and the Housing Authority General Counsel.
DISCUSSION
On June 6, 2017, the Santa Ana Housing Authority approved a Memorandum of
Agreement (MOA) for Inter-Jurisdictional Mobility with the Orange County Housing
Authority, Anaheim Housing Authority and Garden Grove Housing Authority. On May 4,
2021, the Housing Authority approved a First Amendment to the MOA. This extension of
the MOA combines the First Amendment and the original MOA. The only substantive
revision is to extend the MOA by five years, from May 1, 2022 through April 30, 2027.
For background, under the federal regulations for the Housing Choice Voucher Program,
a family that has been issued a voucher by the Housing Authority of the City of Santa Ana
(SAHA) has the right to use their voucher to lease a unit anywhere in the United States
as long as the unit is located within the jurisdiction of a Public Housing Authority (PHA)
administering a Housing Choice Voucher Program. The process by which a family obtains
a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is
known as “portability”. Approximately 660 families are exercising their right to portability
and reside outside of SAHA’s jurisdiction. Their rental assistance is administered by the
Garden Grove Housing Authority and Orange County Housing Authority, who bill SAHA
each month for their vouchers. Under the federal regulations for the Housing Choice
Voucher Program, SAHA does not have the authority to deny a family their right to
portability. Specifically, SAHA does not have the right to deny a family to move out of our
jurisdiction with their voucher or to ask another housing authority to absorb those families
into their programs.
Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility
April 5, 2022
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To maintain an efficient level of services for families who are moving between our housing
authorities in Orange County, staff is seeking approval to extend the Memorandum of
Agreement (MOA) currently in place with the Orange County Housing Authority (OCHA)
and Anaheim Housing Authority (AHA). This MOA is intended to simplify, facilitate, and
improve inter-jurisdictional administration of the Housing Choice Voucher Program in
Orange County by eliminating often cumbersome procedures that would otherwise be
necessary under portability requirements. Without this MOA, when a family requests to
exercise their right to port-out to OCHA or AHA’s jurisdiction, the process would take an
additional 30-45 calendar days because the receiving PHA must collect new
documentation and issue a new voucher to the family. Under this MOA, when a family
exercises their right to port-out, SAHA only needs to request an inspection of the assisted-
unit requested by the family from the PHA who has jurisdiction over the geographic
location of the unit. Meanwhile, the family’s housing assistance continues to be
administered by SAHA. As its primary purpose, the MOA reduces the time it takes for
families to move between housing authority jurisdictions in Orange County and allows
SAHA, OCHA, and AHA to more efficiently administer our housing assistance.
It is important to note that the extension of the agreement being recommended is officially
between OCHA, AHA, SAHA and GGHA. However, GGHA is not willing to allow mobility
between Santa Ana and Garden Grove. The MOA outlines the definitions and terms of
the agreement. The MOA is contingent on approval by the Anaheim Housing Authority
and Garden Grove Housing Authority.
FISCAL IMPACT
The MOA does not stipulate an aggregate amount not to exceed among the parties
involved. The agreement only specifies the flat fees to be paid for inspections, re-
inspections, and a maximum for the file sharing and storage system. The Housing
Authority estimates the expenditures per this MOA may range from $35,000 to $50,000
annually. Funds will be allocated and budgeted in the Housing Authority’s account nos.
(14018760-various and 13918780-various) as necessary per fiscal year.
EXHIBIT(S)
1. Memorandum of Agreement for Inter-Jurisdictional Mobility
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
Page 1 of 15
MEMORANDUM OF AGREEMENT
INTER-JURISDICTIONAL MOBILITY
Among
ORANGE COUNTY HOUSING AUTHORITY
Division of OC Housing & Community Development & Homeless Prevention
And
ANAHEIM HOUSING AUTHORITY
And
GARDEN GROVE HOUSING AUTHORITY
And
SANTA ANA HOUSING AUTHORITY
This Memorandum of Agreement, hereinafter referred to as "MOA," entered into on execution
date, is by and among the Public Housing Agencies (PHAs) of the Cities of Anaheim, Garden
Grove, Santa Ana and the County of Orange, a political subdivision of the State of California,
referred to as "PARTY," or collectively as "PARTIES." The Parties agree and understand that
each Party is a legally authorized PHA by the State of California to operate within their
respective cities and to foster i nter-jurisdictional mobility in the administration of the Department
of Housing and Urban Development (HUD) Housing Choice Voucher (HCV) Program.
RECITALS
WHEREAS, the Housing Choice Voucher (HCV) Program, established pursuant to the
provisions of Section 8 of the U.S. Housing Act of 1937, as amended (42 CFR U.S.C. 1437
f)authorizes the payment of rental subsidies to a private owner of housing units on behalf of
eligible families who enter into a lease agreement for an eligible unit.
WHEREAS, the authority to enter into this MOA is contained in the following applicable
federal regulations for the Housing Choice Voucher (HCV) Program 24 CFR Part 982. These
regulations address Portability and related procedures and emphasize that PHAs must provide
families with the broadest choice regarding the location of units, both within and outside their
respective jurisdictions.
WHEREAS, the PHAs entering into this MOA are public housing agencies located and
duly authorized to operate in the State of California.
WHEREAS, each PHA entering into this MOA has also entered into an Annual
Contributions Contract (ACC) with HUD. Each PHA is also authorized to administer the
Housing Choice Voucher (HCV) Program within its respective jurisdiction.
WHEREAS, the four jurisdictions covered by the PHAs entering into this MOA are located
within the geographic boundaries of the County of Orange. These PHAs desire to execute this
MOA to promote mobility and freedom of choice for low-income families seeking housing
assistance under the Housing Choice Voucher (HCV) Program. This MOA is also intended to
simplify, facilitate and improve inter-jurisdictional administration of the Housing Choice
Voucher (HCV) Program by eliminating often cumbersome procedures that would otherwise
be necessary under Portability requirements.
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NOW THEREFORE, the Parties mutually agree as follows:
I. RECITALS
The parties to this MOA hereby find and declare that the above Recitals are true and correct,
and incorporated herein by this reference.
II. DEFINITION OF TERMS
For the purposes of this MOA, the following definitions shall apply:
A. The term "Administrative Plan" is defined as the plan that describes PHA policies
for the administration of the Housing Choice Voucher (HCV) Program.
B. The term "Annual Contributions Contract" (ACC) shall mean a written agreement
between HUD and a PHA to provide annual contributions for the purpose of providing
Housing Assistance Payments (HAP) and other expenses pursuant to the Housing
Choice Voucher (HCV) Program.
C. The term "Host Jurisdiction" shall mean the jurisdiction of a PHA in Orange County
where the Issuing PHA is not otherwise authorized to administer its Housing Choice
Voucher P rogram, but to which an eligible family wishes to move and use a Voucher
issued by the Issuing PHA.
D. The term "Housing Quality Standards" (HQS) shall mean the minimum dwelling
unit standards required to protect the health and safety of tenants.
E. The term "HUD Portability Procedures" shall mean the procedures required by federal
regulations governing the use of Vouchers in a jurisdiction of another PHA in the
absence of a voluntary MOA between or among these agencies.
F. The term “Inspection” shall mean examination of a rental unit for compliance with HQS.
G. The term "Issuing PHA" shall mean a PHA that issued a Voucher to a family
participating in the Housing Choice Voucher (HCV) Program in Orange County,
California that wishes to move to another PHA's jurisdiction within Orange County (Host
PHA).
H. The term "Jurisdiction" shall mean the geographical area in which a PHA has authority
under state and local law to administer the Housing Choice Voucher (HCV) Program.
I. The term "Mobility" is distinct from Portability and shall mean the movement of
Housing Choice Voucher Holders among the four PHAs within the geographic
boundaries of the County of Orange, California, the details of which are outlined in this
MOA.
J. The term "Portability" shall mean a Voucher recipient's right to move from one PHA's
jurisdiction to another PHA's jurisdiction within the United States and associated
territories.
K. The term “Quality Control Inspection” shall mean any one of the random sample inspections
performed by the Host PHA upon request by the Issuing PHA pursuant to Section III(D)(3)(e)
to ensure compliance with HUD HQS standards
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L. The term "Voucher(s)" shall mean a HUD Housing Choice Voucher.
III. Inter-jurisdictional Program Administration
A. With the exception of portability and mobility between the Santa Ana and Garden Grove housing
authorities, the Parties hereby authorize each other to administer the Housing Choice Voucher
(HCV) Program within the Host PHA's jurisdictional boundaries, subject to the terms of this
MOA.
B. The Parties shall cooperate with one another to the maximum extent possible including the
sharing and exchanging of the information necessary for the effective implementation of this
MOA.
C. The Parties agree that the flat fees included in the Fee Schedule found in Attachment
I, incorporated herein by reference, are reasonable for the performance of services required.
D. Pursuant to this MOA, the Issuing PHA shall retain 100% of its administrative fees under the
Housing Choice Voucher (HCV) Program . No administrative fee shall be owed to the Host
PHA whenever a family leases a unit within the Host PHA's jurisdiction.
IV. PHA Administrative Plans- Generally
The Parties recognize that their respective Administrative Plans may not be identical in all
respects and therefore, the Parties agree that, except as set forth in this MOA, the
Administrative Plan of the Issuing PHA shall govern administration of a Voucher issued by that
PHA, regardless of the PHA jurisdiction in which it is used. Exceptions to this g e n e r a l
rule are found in the Sections describing Payment Standards, Utility Allowances, Rent
Reasonableness Standards, and Housing Quality Standards, Section V, Paragraphs B, C, and
D, respectively, and found below.
V. Rules Regarding Payment Standards, Utility Allowances, Rent Reasonableness
Standards , and Housing Quality Standards (HQS)
A. General Provisions
It is hereby agreed that whenever a Voucher issued by an Issuing PHA is to be used
in another PHA's jurisdiction, the standards of the Host PHA's Payment Standards,
Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards
will apply. Documentation completed by the Host PHA will verify that standards have
been met and comply with HUD requirements. Failure of the host PHA to verify that the
standards stated above have met and comply with HUD requirements may result in the
Host PHA’s termination from the MOA. If the Host PHA does not cure the breach within
30 days, the Host PHA will not be entitled to payment of inspection fees for the standards
not met. Party in breach shall be liable for any claims arising from this breach.
B. Payment Standards and Utility Allowances
The PHAs entering into this MOA shall adopt Payment Standards and Utility Allowances
in compliance with 24 CFR Parts 982.503 and 982.517 respectively.
C. Rent Reasonableness Standards
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A Host PHA shall be required to provide a Rent Reasonableness Certification ("RRC") to
the Issuing PHA at the time the HQS inspection request is returned. The Host PHA, in
issuing such information, certifies that it has conducted a diligent analysis of prevailing
rents in their jurisdiction. By accepting the RRC, the Issuing PHA is not responsible and
shall not be held liable for any errors or omissions on the part of the Host PHA. The Host
PHA agrees to assume any and all liability for any errors or omissions on the part of the
Host PHA as it relates to this Section V, Paragraph C.
D. Housing Quality Standards (HQS) Inspections
1. PHAs entering into this MOA shall maintain HQS equal to or exceeding those
required by HUD.
2. When the Host PHA uses standards that exceed or are more stringent than the
minimum standards required by HUD, such standards shall apply for all housing
inspections performed by the Host PHA pursuant to this MOA.
3. The Host PHA is responsible for the completion of HQS inspection requests from
an Issuing PHA. This includes:
a. Initial lnspections
In order to assist an eligible family expeditiously, upon receipt of the
inspection request from an Issuing PHA, the Host PHA will complete the
HQS inspection, including all related documentation, within fifteen (15) calendar
days of the date that the Host PHA confirms with the owner that the unit is ready
for inspection. The Host PHA will bill the Issuing PHA a fee for this service, as per
the agreement detailed in Exhibit I of this MOA entitled Fee Schedule.
b. Annual lnspections
Requests for an annual HQS inspection to the Host PHA will be completed within
sixty (60) calendar days of the date the request was received. The Host PHA will
be responsible for the scheduling and performance of an annual HQS inspection
request. The Host PHA will bill the Issuing PHA a fee for this service, as per the
agreement detailed in Attachment I of this MOA entitled Fee Schedule.
c. Special Inspections
Upon receipt of a request from the Issuing PHA for a special HQS inspection to
address non-life threatening matters t he Host PHA will schedule and complete
the special inspection within fifteen (15) calendar days of the date that the Host
PHA has confirmed receipt of the request. For life-threatening emergencies, the
PHAs will work together to inspect as quickly as feasible. The Issuing PHA may
request that one of their staff be present at these special inspections. The Host
PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed
in Exhibit I of this MOA entitled Fee Schedule.
d. Suspected Fraud Inspections
The Issuing PHA, after written notification to the Host PHA, will be permitted
to conduct such inspections as deemed necessary in accordance with its own
established policies and procedures.
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e. Quality Control Inspections and Monitoring
To ensure compliance with HUD HQS standards, each Issuing PHA will select a
random sample of inspections performed and “passed” by the Host PHA within the
previous sixty (60) days. The Issuing PHA will then submit a request to the Host
PHA for performance of quality control inspection of the sample. The Host PHA will
complete the monitoring no more than thirty (30) days from the date of the Issuing
PHA’s request. For assisted units in the Host PHA’s jurisdiction, the quantity of
quality control inspections to be performed by the Host PHA are as follows:
5 inspections for 100 assisted units, plus 1 for each additional 25 units
10 inspections for 200 assisted units, plus 1 for each additional 25 units
15 inspections for 300 assisted units
1 additional inspection for every additional 100 units above 300
The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement
detailed in Exhibit I of this MOA entitled Fee Schedule.
f. Special Programs Inspections
With the mutual consent of participating agencies, the provisions of this Mobility
Agreement will also apply to specialized housing programs including, but not limited
to Veterans Affairs Supportive Housing and Housing Opportunities for Persons with
AIDS.
g. The Host PHA shall indemnify, defend with counsel approved in writing by Issuing
PHA, and hold Issuing PHA, its elected and appointed officials, officers, employees,
agents and those special districts and agencies which Issuing PHA’s governing body
(“Indemnitees”) harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from
or related to the services, products or other performance provided by Host PHA
pursuant to this Section V.D. If judgment is entered against Host PHA and Issuing
PHA by a court of competent jurisdiction because of the concurrent active negligence
of Issuing PHA or its Indemnitees, Host PHA and Issuing PHA agree that liability will
be apportioned as determined by the court. Neither party shall request a jury
apportionment.
h. The Issuing PHA is not responsible and shall not be held liable for any errors or
omissions on the part of the Host PHA. The Host PHA agrees to assume any and all
liability for any errors or omissions on the part of the Host PHA as it relates to this
Section V, Paragraph D.
VI. Additional Terms for Administration of Project Based Vouchers (PBV) for Housing
Choice Voucher (HCV) Recipients and/or for Special Purpose Voucher (SPV)
Recipients in the Host PHA’s Jurisdiction
A. The Parties, recognize there are different requirements for the PBV and SPV recipients in
the host PHA’s jurisdiction. Such differences shall be effectuated pursuant to Attachment II,
incorporated herein by reference.
VII. Exchange of Records and Documents
A. In order to ensure timely transactions between the PHAs entering into this MOA, the
PARTIES will utilize a mutually agreed upon file sharing and storage system
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to electronically deliver relevant information and documentation required to carry out the
operations outlined in this MOA. Delivery will occur between the PHAs entering into this
Agreement not less than once per week, as necessary, and as agreed upon. More frequent
delivery service may occur upon arrangement by all PHAs entering into this MOA.
B. The cost of the aforementioned file sharing and storage system will not exceed $12,000/year.
Each PARTY will host the system for one year in a rotating basis. On a yearly, rotating basis
(effective January 1 of each year and ending December 31 of that year), the full cost of the
system will be paid by the participating PHA next in rotation (“hosting PHA”).
C. In the event that alternative technology or resources become available that is more cost-
effective or efficient than the existing service in exchanging records and documents, the use
of the existing service may be modified, through a written amendment by mutual
agreement of the PHAs.
VIII. Performance
The PHAs entering into this MOA will retain sufficient resources to meet the anticipated
workload that may be generated as a result of this MOA. Should an unanticipated event
or emergency occur that has an impact upon the Host PHA's ability to complete an
inspection within the performance criteria set forth in this MOA, the Host PHA will notify
the Issuing PHA. The Issuing PHA will determine which of the following options is to be
taken: (1) Performing the inspection themselves, or; (2) Extending the timeframe that the
Host PHA has to complete the inspection, based upon a mutually agreeable period by each
respective PHA.
IX. Agreement Limitations
This MOA is intended solely for the purpose of administering the Housing Choice Voucher
(HCV) Program, and no other programs administered by the PHAs entering into this MOA.
This MOA will not conflict with, nor prejudice, any federal regulations governing Portability
procedures under the Housing Choice Voucher (HCV) Program as they relate to any
other PHAs who are not a party to this MOA.
X. Yearly Exchange of Files
On an annual basis, the Parties have the option of exchanging the administration of an
agreed-upon number of Vouchers administered by any other PHA/Party with the
appropriate Issuing PHA. It is emphasized that this yearly exchange of files/assisted
tenants is optional, and dependent upon a mutual agreement between the respective
Parties. If agreed upon, such yearly exchanges will occur when mutually convenient
and shall represent a one-for-one exchange where feasible. PHAs will also ensure the
exchange of information is granted in a uniform and complete fashion, including, but not
limited to, owner tax identification of any such files exchanged. The Parties agree to keep
the exchanged files pursuant to HUD issued regulations and policy guidelines.
XI. Termination of Participation
A It is hereby agreed that a PHA may terminate its participation in this MOA with a ninety
(90) calendar day written notice to all the Parties. The termination of participation in this
MOA by any PHA shall not result in the termination of the MOA in its entirety. The MOA’s
term shall continue among the remaining Parties.
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B. At the date of termination, the PHA will thereafter be subject to HUD Portability
Procedures. The terminating PHA shall implement the HUD Portability Procedures for such
Vouchers, and within a reasonable time, not to exceed ninety (90) calendar days after
notification to the other PHAs of the intent to terminate participation.
XII. Term of Agreement
Unless terminated as specified in Section XI Paragraph A, this MOA is effective through April 30,
2027.
NOW THEREFORE, as duly authorized, and in witness of the foregoing, the PHAs hereby execute this
MOA.
--- SIGNATURE PAGES FOLLOW --
.
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ORANGE COUNTY HOUSING AUTHORITY
Julia Bidwell, Executive Director Date
Approved as to Form:
Office of the County Counsel
Orange County, California
Deputy Date
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ANAHEIM HOUSING AUTHORITY
, Director Date
Approved as to Form:
Assistant City Attorney Date
ATTEST:
By:
City Clerk
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GARDEN GROVE HOUSING AUTHORITY
, Director Date
Approved as to Form:
City Attorney Date
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SANTA ANA HOUSING AUTHORITY
Steven Mendoza , Director Date
Approved as to Form:
Ryan O. Hodge Date
Assistant City Attorney
ATTEST:
By:
Daisy Gomez
City Clerk
March 22, 2022
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ATTACHMENT I
FEE SCHEDULE
The fees set forth under this schedule regard specific activities covered under this Agreement.
The following fees may be amended at any time by mutual agreement of all participating PHAs.
Such agreement may be evidenced by the written concurrence of the Executive Directors of the
PHAs entering into this Agreement.
1. The Host PHA shall be reimbursed the sum of one hundred and fifty dollars ($150.00)
for each inspection requested by the Issuing PHA, including one (1) follow-up re-
inspection, if needed .
2. In the event an additional re-inspection is required, the Host PHA shall be reimbursed
the sum of seventy-five dollars ($75.00) for each such additional re-inspection requested
by the Issuing PHA.
3. The Host PHA may be further reimbursed for any additional expenses as may be mutually
agreed upon between PHAs for services requested by the Issuing PHA that may not
be covered by these inspections.
4. Payment for the file sharing and storage system not exceed $12,000/year will be paid by
the participating PHA next in rotation.
Expenses for the services above will be billed to the Issuing PHA and shall be paid to the Host
PHA within 45 days of the date billed.
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ATTACHMENT II
Additional Terms for Administration of Project Based Vouchers (PBV) for Housing Choice Voucher
(HCV) Recipients and/or for Special Purpose Voucher (SPV) Recipients in the Host PHA’s Jurisdiction:
1. Definition of Terms:
“Agreement to enter into Housing Assistance Program contract (AHAP)”: The Agreement is a written
contract between the PHA and the owner in the form prescribed by HUD. The Agreement defines
requirements for development of housing to be assisted. When development is completed by the
owner in accordance with the Agreement, the PHA enters into a HAP contract with the owner.
“Environmental review”: The federally required review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and related applicable federal laws and authorities in accordance with 24
CFR 58.5 and 58.6.
“Family Unification Program (FUP)”: FUP is a SPV program where vouchers are made available to
families for whom the lack of adequate housing is a primary factor in the imminent placement of the
family’s child, or children, in out-of-home care, or in the delay of discharge of the child, or children, to
the family from out-of-home care. FUP vouchers are also made available to youths ages 18 to 25 who
left foster care at age 16 or older who lack adequate housing. The FUP is generally administered in
partnership with the Social Services Agency (SSA).
“Housing Assistance Program (HAP) Contract”: The housing assistance payments contract between
the PHA and the owner.
“Non-Elderly Disabled (NED)”: Non-Elderly Disabled is a SPV program that is designed to provide
assisted housing to families whose head, spouse, or co-head is disabled and under 62 as of the date of
signing the HAP contract. NED Category 2 vouchers are specifically for non-elderly people with
disabilities transitioning from nursing homes or other health facilities into the community.
“Responsible entity (RE)”: The unit of general local government within which the project is located that
exercises land use responsibility for purposes of determining to whom the required Environmental
Review should be submitted.
“Special Purpose Vouchers (SPV)”: Special Purpose Vouchers are specifically provided for by
Congress in line item appropriations which distinguish them from regular vouchers. Examples of SPV
include but are not limited to Veteran Affairs Supportive Housing (VASH), Family Unification Program
(FUP), Mainstream Vouchers, Non-Elderly Disabled, and Emergency Housing Vouchers (EHVs).
“Veteran Affairs Supportive Housing (VASH)”: VASH is a SPV program that combines HCV rental
assistance for homeless veterans with case management and clinical services provided by the
Department of Veterans Affairs at its medical centers and in the community.
2. Environmental Review and Subsidy Layering Review
If the host City has funding or project-based vouchers in a project that triggers the need for an
Environmental Review, the host City shall be responsible for the completion of an Environmental
Review as outlined in 24 CFR part 50 and 58 for submission to the Responsible Entity(ies). The issuing
PHA shall collaborate with and provide general guidance as necessary to the host City. The host City
shall provide proof of submission, a copy of the Environmental Review and copy of the HUD form
7015.16 – Authority to Use Grant Funds, to the issuing PHA within 3 business days of its submission to
the Responsible Entity(ies) and upon receipt of approval.
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If the host City does not have funding in a project, or if the host City’s funding in a project does not
trigger an Environmental Review, the completion of an Environmental review shall be done by the PHA
whose funding triggered the Environmental Review requirement.
In the event a subsidy layering review (SLR) is necessary in accordance with the requirements of the
Housing and Economic Recovery Act of 2008 (HERA) or to satisfy the requirements of section 102 (d)
of the Department of Housing and Urban Development Reform Act of 1989 (HUD Reform Act) and is
performed by the Housing Credit Agency (HCA), the PHA with Project Based Vouchers in the project
shall be responsible for the SLR requirements. If the host PHA has vouchers in the project, the review
responsibility shall default to the host PHA. The issuing PHA shall collaborate with and provide general
guidance as necessary to the host PHA.
The host PHA, if responsible for the SLR, shall provide proof of SLR submission, along with a copy of
the SLR, to issuing PHA within 3 business days of its submission to the Responsible Entity(ies).
The allocation of responsibilities in the above paragraphs may be subordinate to a negotiated
agreement made outside of this document.
3. AHAP/HAP
Developer shall execute a separate AHAP as required, and HAP, for each participating PHA when two
or more PHAs agree to issue project-based vouchers in an affordable housing project in a host PHAs
jurisdiction.
4. Inspection
Pre-HAP contract inspections of the completed contract units shall be completed by the host PHA in
adherence to 24 CFR 983.103, the executed AHAP, when applicable, and the MOA . The host PHA
must inform the issuing PHA within seven (7) calendar days whether the work has been completed in
accordance with regulation, the AHAP and/or MOA. In the event the host PHA is unable to meet the
established deadline, the host PHA will allow the issuing PHA to inspect the completed contract units in
order to limit delays in development and no payment will be made to the host PHA.
If the host PHA determines that work deficiencies exist, the host PHA shall notify the developer of the
affordable housing project within seven (7) calendar days of the extent of the deficiencies and the
requirements and procedures for correction of the contract units.
Upon receipt of an inspection request for a turnover inspection or a Biennial inspection for contract
units from an issuing PHA, the host PHA will complete the inspection and all related documentation, per
24 CFR 983.103 and FR Notice 6/25/14, within seven (7) calendar days of the date of the issuing
PHA’s request.
5. Initial Rent
Estimated initial rent to owner shall be established within a period consistent with the MOA by the host
PHA. The initial contract rents for each unit shall not exceed the amount authorized per 24 CFR
983.301. The standards of the host PHA’s Payment Standards, Utility Allowances, Rent
Reasonableness Standards, and HQS will apply.
The Parties agree that the project developer shall maintain separate and distinct AHAP and HAP
agreements for each participating PHA.
6. Tenant Selection
The Parties agree that the awarded number of project-based vouchers from the awarding/issuing PHA
is directly connected to a number of units within the project. To that end, the awarded project-based
vouchers must remain available to the issuing PHA for use upon tenant turnover.
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Tenant selection is determined by issuing PHA criteria.
7. Post Move in Activities
MOA rules regarding Payment Standards, Utility Allowances, Rent Reasonableness Standards, and
Housing Quality Standards (HQS) shall remain unchanged when applied to the use of Project Based
Vouchers for Housing Choice Voucher recipients and/or for Special Purpose program voucher
recipients in the host PHA’s jurisdiction.
The issuing PHA shall administer any additional post move in activities.
EXHIBIT 1