Loading...
HomeMy WebLinkAbout5 - HA Admin Plan Revision5-1 5-2 04/01/15 Page 4-1 Chapter 4 APPLICATIONS, WAITING LIST AND TENANT SELECTION INTRODUCTION When a family wishes to receive Section 8 HCV assistance, the family must submit an application that provides the PHA with the information needed to determine the family’s eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list. When HCV assistance becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in the Administrative Plan and the Annual Plan. The PHA is required to adopt a clear policies and procedures for accepting applications, placing families on the waiting list, selecting families from the waiting list and must follow these policies and procedures consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding. HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the PHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2. This chapter describes HUD and PHA policies for taking applications, managing the waiting list and selecting families for HCV assistance. The policies outlined in this chapter are organized into three sections, as follows: Part I: The Application Process. This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives. Part II: Managing the Waiting List. This part presents the policies that govern how the PHA’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the PHA will use to keep the waiting list current. Part III: Selection for HCV Assistance. This part describes the policies that guide the PHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in-person interviews will be used to ensure that the PHA has the information needed to make a final eligibility determination. EXHIBIT 1 5-3 04/01/15 Page 4-2 PART I: THE APPLICATION PROCESS 4-I.A. OVERVIEW This part describes the PHA policies for making applications available, accepting applications, making preliminary determinations of eligibility, and the placement of applicants on the waiting list. This part also describes the PHA’s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP). 4-I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11 – 4-16 Notice PIH 2009-36] Any family that wishes to receive HCV assistance must apply for admission to the program. HUD permits the PHA to determine the format and content of HCV applications, as well how such applications will be made available to interested families and how applications will be accepted by the PHA. The PHA must include Form HUD-92006, supplement to Application for Federally Assisted Housing, as part of the PHA’s application. SAHA Policy During application intake SAHA will initially require families to provide only the information needed to make an initial assessment of the family’s eligibility, and to determine the family’s placement on the waiting list. The family will be required to provide all of the information necessary to establish family eligibility and level of assistance at the eligibility interview. During application intake, applications will be available online at the City of Santa Ana website or other websites as determined by SAHA. Paper applications will be available for those requesting a reasonable accommodation. Completed applications must be returned to SAHA by mail or submitted online. Applications must be complete in order to be accepted by SAHA for processing. If an application is incomplete, SAHA will make reasonable effort to notify the family of the additional information required. 4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 – 4-13] The PHA must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard PHA application process. This could include people with disabilities, certain elderly individuals, as well as persons with limited English Proficiency (LEP). The PHA must provide reasonable accommodation to the needs of individuals with disabilities. The application-taking facility and the application process must be fully accessible, or the PHA must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the PHA’s policies related to providing reasonable accommodations for people with disabilities. 5-4 04/01/15 Page 4-3 Limited English Proficiency The PHA will take reasonable steps to ensure meaningful access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP). 4-I.D. PLACEMENT ON THE WAITING LIST The PHA must review each complete application received and make a preliminary assessment of the family’s eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is determined to be eligible, the family will be placed on a waiting list of applicants. No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)]. Ineligible for Placement on the Waiting List SAHA Policy If SAHA can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, SAHA will send written notification of the ineligibility determination. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16). Eligible for Placement on the Waiting List SAHA Policy SAHA will send written notification of the preliminary eligibility and placement on the waitlist. Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list. Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by SAHA. SAHA has the option of limiting the number of applications accepted and/or performing a lottery in preference categories. 5-5 04/01/15 Page 4-4 PART II: MANAGING THE WAITING LIST 4-II.A. OVERVIEW The PHA has policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants. In addition, HUD imposes requirements on how a PHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program. 4-II.B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] The PHA’s HCV waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan. The waiting list must contain the following information for each applicant listed:  Applicant name;  Family size;  Date and time of application;  Qualification for any local preference;  Racial or ethnic designation of the head of household. HUD requires the PHA to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served. SAHA Policy SAHA maintains a single waiting list for the HCV program, however a separate wait list may be established for project based vouchers that are designated for a specific target population, HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, project-based voucher or moderate rehabilitation program the PHA operates if 10 the other programs’ waiting lists are open, and 20 the family is qualified for the other programs. HUD permits, but does not required, that PHAs maintain a single merged waiting for their public housing, Section 8, and other subsidized housing programs. A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences for which the family may qualify. 5-6 04/01/15 Page 4-5 SAHA Policy SAHA will not merge the HCV waiting list with the waiting list for any other program they operate. 4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List A PHA is permitted to close the waiting list if it has an adequate pool of families to use its available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria. SAHA Policy SAHA may close the waiting list when the estimated waiting period for housing assistance for applicants on the list exceeds 24 months or may open for a limited timeframe. Where SAHA has particular preferences or funding criteria that require a specific category of family, SAHA may elect to continue to accept applications from these applicants while closing the waiting list to others. SAHA may determine after reviewing the community need and available funding that it may be beneficial for the waitlist to remain open indefinitely or for the waitlist to remain open for specific categories such as NED or veterans. Reopening the Waiting List If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received. SAHA Policy SAHA will announce the reopening of the waiting list through a public notice prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice. SAHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to: The Orange County Register, Miniondas, or other Spanish publications, Nguoi Viet newspaper. Other publications may be used if it is determined that it would be beneficial in reaching specific populations. 4-II.D. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4] The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted. 5-7 04/01/15 Page 4-6 Because HUD requires the PHA to serve a specified percentage of extremely low income families (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21]. PHA outreach efforts must comply with fair housing requirements. This includes:  Analyzing the housing market area and the populations currently being served to identify underserved populations  Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program  Avoiding outreach efforts that prefer or exclude people who are members of a protected class PHA outreach efforts will be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:  Submitting press releases to local newspapers, including minority newspapers  Developing informational materials and flyers to distribute to other agencies  Providing application forms to other public and private agencies that serve the low income population  Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities SAHA Policy SAHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in SAHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved. 4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES SAHA Policy While the family is on the waiting list, the family must immediately inform SAHA of changes in mailing address and number of family members. The changes must be submitted in writing. Any requests to add additional family members to the application must be received prior to notification for orientation or the eligibility interview. The final approval will be determined at the eligibility interview. Failure to report address changes in writing that result in mail being returned will be cause for removal from the waiting list. 4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204] HUD requires the PHA to establish policies to use when removing applicant names from the waiting list. 5-8 04/01/15 Page 4-7 Purging the Waiting List The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates and the PHA determines that the family did not respond because of the family’s disability, the PHA must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)]. SAHA Policy The waiting list will be purged as necessary to ensure that all applicants and applicant information is current and timely. To update the waiting list, SAHA will send an update request via first class mail to each family on the waiting list to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that SAHA has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant’s name being removed from the waiting list. The family’s response must be in writing and may be delivered in person, by mail, or by fax. Responses should be postmarked or received by SAHA not later than the date specified on SAHA letter. If the family fails to respond within the specified date on SAHA’s letter, the family will be removed from the waiting list without further notice. If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice. If the notice is returned by the post office with a forwarding address and the applicant has not notified SAHA of the address change the applicant will be removed from the waiting list without further notice. If a family is removed from the waiting list for failure to respond, SAHA may reinstate the family if s/he determines the lack of response was due to SAHA error, or to circumstances beyond the family’s control. Removal from the Waiting List SAHA Policy If at any time an applicant family is on the waiting list, SAHA determines that the family is not eligible for assistance (see Chapter 3), the family will be removed from the waiting list. If a family is removed from the waiting list because SAHA has determined the family is not eligible for assistance, a notice will be sent to the family’s address of record as well as to any alternate address provided on the initial application. SAHA may also make use of electronic mail. The notice will state the reasons the family was removed from the 5-9 04/01/15 Page 4-8 waiting list and will inform the family how to request an informal review regarding SAHA’s decision (see Chapter 16) [24 CFR 982.201(f)]. PART III: SELECTION FOR HCV ASSISTANCE 4-III.A. OVERVIEW As vouchers become available, families on the waiting list must be selected for assistance in accordance with the policies described in this part. The order in which families receive assistance from the waiting list depends on the selection method chosen by the PHA and is impacted in part by any selection preferences for which the family qualifies. The availability of targeted funding also may affect the order in which families are selected from the waiting list. The PHA must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the PHA’s selection policies [24 CFR 982.204(b) and 982.207(e)]. 4-III.B. SELECTION AND HCV FUNDING SOURCES Special Admissions [24 CFR 982.203] HUD may award funding for specifically-named families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non-purchasing family residing in a HOPE 1 or 2 projects). In these cases, the PHA may admit families that are not on the waiting list, or without considering the family’s position on the waiting list. The PHA must maintain records showing that such families were admitted with special program funding. Targeted Funding [24 CFR 982.204(e)] HUD may award a PHA funding for a specified category of families on the waiting list. The PHA must use this funding only to assist the families within the specified category. In order to assist families within a targeted funding category, the PHA may skip families that do not qualify within the targeted funding category. Within this category of families, the order in which such families are assisted is determined according to the policies provided in Section 4-III.C. SAHA Policy SAHA administers Non-elderly disabled vouchers (NED). Regular HCV Funding Regular HCV funding may be used to assist any eligible family on the waiting list. Families are selected from the waiting list according to the policies provided in Section 4-III.C. 5-10 04/01/15 Page 4-9 4-III.C. SELECTION METHOD PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the PHA will use [24 CFR 982.202(d)]. Local Preferences [24 CFR 982.207; HCV p. 4-16] PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion. Any local preferences established must be consistent with the PHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources. SAHA Policy All preferences must be applicable and verifiable at the time of selection from the waiting list. SAHA uses the following local preference system:  Live/Work Preference -- Residency preference for families who live or work in the jurisdictionin the City of Santa Ana at the time of application (two pieces of proof must be provided, e.g. utility bills, bank statements, paycheck stubs, etc. at their eligibility interview appointment).  United States Veteran Preference -- United States veterans or surviving spouses and dependent children of a United States veteran, or active military personnel, their spouse and their dependent children. Form DD 214 with an Honorable Discharge, or equivalent verification, must be provided at their eligibility interview appointmentat the time of application. Individual must have served a minimum of 90 days to qualify for the preference.  Graduates of Transitional Housing Preference -- Graduates of transitional housing programs whose agency has entered into a MOU with SAHA to provide one year of support services to the participants after lease-up, not to exceed ten (10) vouchers per fiscal year. Local preferences will be numerically ranked, with number 1 being the highest preference, in the following order: 1. United States Veterans who live or work in the City of Santa Ana at the time of application 2. Live/Work Preference Additionally, SAHA will offer priority to any family that has been terminated from its HCV program due to insufficient program funding. SAHA will accept direct referrals to the HCV Program for the following target populations:  Graduates of Transitional Housing Preference -- Graduates of transitional housing programs whose agency has entered into a MOU with SAHA to provide one year 5-11 04/01/15 Page 4-10 of support services to the participants after lease-up, not to exceed ten (10) vouchers per fiscal year.  Homeless individuals/families that are referred by a local agency that provides services to the homeless and enters into an MOU with SAHA to provide services to support success in the HCV Program, not to exceed fifty (50) vouchers per fiscal year. The direct referrals will not exceed 50 per calendar year.All preferences must be applicable and verifiable at the time of selection from the waiting list. Income Targeting Requirement [24 CFR 982.201(b)(2)] HUD requires that extremely low-income (ELI) families make up at least 75% of the families admitted to the HCV program during the PHA’s fiscal year. ELI families are those with annual incomes at or below 30% of the area median income. To ensure this requirement is met, a PHA may skip non-ELI families on the waiting list in order to select an ELI family. Low income families admitted to the program that are “continuously assisted” under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate-income families admitted to the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low-income housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)]. SAHA Policy SAHA will monitor progress in meeting the income targeting requirement throughout the fiscal year. Extremely low-income families will be selected ahead of other eligible families on an as-needed basis to ensure the income targeting requirement is met. Order of Selection The PHA system of preferences will select families based on local preferences according to date and time of application or by a random selection process (lottery) [24 CFR 982.207©]. If a PHA does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)]. SAHA Policy Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance with SAHA’s hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected on a first-come, first-served basis according to the date and time their complete application is received by SAHA or by assigned lottery number (score), if lottery was performed when placed on the wait list. Documentation will be maintained by SAHA as to whether families on the list qualify for and are interested in targeted funding. Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Tab after: 1" + Indent at: 1" Formatted: Highlight Formatted: Indent: Left: 0" 5-12 04/01/15 Page 4-11 If a higher placed family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that SAHA does not have to ask higher placed families each time targeted selections are made. 4-III.D. NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the PHA must notify the family. SAHA Policy SAHA will notify the family by first class mail when it is selected from the waiting list. The notice will inform the family of the following:  Date, time, and location of the scheduled orientation or application interview, including any procedures for rescheduling the interview.  Who is required to attend the interview?  Documents that must be provided at the interview, including information about what constitutes acceptable documentation.  Other documents and information that should be brought to the interview. If a notification letter is returned to SAHA with no forwarding address, the family will be removed from the waiting list. If a notification letter is returned to SAHA with a forwarding address and the applicant has not notified SAHA of the address change the family will be removed from the waiting list. 4-III.E. THE APPLICATION INTERVIEW HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination through a face-to-face interview with a PHA representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program. Assistance cannot be provided to the family until all SSN documentation requirements are met. However, if the PHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the PHA [Notice PIH 2012-10]. Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. SAHA Policy SAHA may invite applicants to an orientation prior to the family’s eligibility appointment. The purpose of the Orientation is to: 5-13 04/01/15 Page 4-12  Verify that the family meets the preference qualification. This means that the family is being called from the Waiting List in the proper order. If a family is invited to attend an Orientation based on a preference stated on the Waiting List application and the family no longer meets the preference, the family will be placed back on the Waiting List.  Provide the family with information on documents and forms they will need to bring to the eligibility interview.  Explain the important features of the Housing Choice Voucher Program.  Set up an appointment for the family to come back with all the required forms and information. This appointment is a one-on-one meeting with a Housing Specialist referred to as an Eligibility Interview. The Santa Ana Housing Authority offers Orientations in three languages: English, Spanish, and Vietnamese. If a family does not speak or understand one of the three languages listed SAHA will provide translation service. If the family requests an interpreter be provided as a reasonable accommodation, SAHA will make every effort to supply one. Orientations can be presented at off-site locations as a reasonable accommodation. During the Orientation SAHA provides several forms and documents for the family to review and/or sign and submit to SAHA. The chart on the following page lists all the forms and documents given to the family at the Orientation and the required action associated with each form. Orientation Forms Title of Form Required Family Action Things You Should Know Read carefully and keep filed at home. Notice to Applicants for Section 8 Rental Assistance What You Should Know About EIV Read carefully and keep filed at home Authorization for Release of Information Debts Owed to PHA & Terminations Read carefully, complete, sign and bring to interview. EVERY member of the household who is 18 years or older must complete and sign this form. ONE FORM PER PERSON 18 AND OVER. Bring these to your Eligibility Interview. Authorization for Release of Information / Privacy Act (Form HUD-9886) Read carefully, complete, sign and bring to interview. EVERY member of the household who is 18 years or older must read and sign this form. ONE FORM PER FAMILY. Bring this to your Eligibility Interview. Applicant / Tenant Certification Read carefully, complete, sign and bring to interview. 5-14 04/01/15 Page 4-13 EVERY member of the household who is 18 years or older must read and sign this form. ONE FORM PER FAMILY. Bring this to your Eligibility Interview. Santa Ana Housing Authority Full Application / Personal Declaration HUD 50056 VAWA Notification Read carefully, complete, sign and bring to interview. EVERY member of the household who is 18 years or older must read and sign this form. ONE FORM PER FAMILY. Bring this to your Eligibility Interview. Read carefully and keep filed at home. Families selected from the waiting list are required to participate in an eligibility I interview. The head of household, the spouse/cohead, and all adult household members must attend the interview together. The interview will be conducted only if the head of household or spouse/cohead provides appropriate documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If the family representative does not provide the required documentation, the appointment may be rescheduled when the proper documents have been obtained. The family must provide the information necessary to establish the family’s eligibility and determine the appropriate level of assistance, as well as completing required forms, providing required signatures, and submitting required documentation. If any materials are missing, SAHA will provide the family with a written list of items that must be submitted. Any required documents or information that the family is unable to provide at the interview must be provided within 14 days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of Social Security numbers and eligible noncitizen status). If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the required documents and information are not provided within the required time frame (plus any extensions); the family will be sent a notification of denial (See Chapter 3). An advocate, interpreter, or other assistant may assist the family with the application and the interview process. Interviews may be conducted in English, Spanish or Vietnamese. 5-15 04/01/15 Page 4-14 If the family is unable to attend a scheduled interview, the family must contact SAHA in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, SAHA will send another notification letter removing the family from the waiting list. The family will have 14 days to request a review if they don’t agree with the decision. Applicants who fail to attend two scheduled interviews without SAHA approval will be denied assistance based on the family’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3. 4-III.F COMPLETING THE APPLICATION PROCESS The PHA must verify all information provided by the family (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for any special admission, targeted admission, or selection preference that affected the order in which the family was selected from the waiting list. SAHA Policy If SAHA determines that the family is ineligible, SAHA will send written notification of the ineligibility determination within 14 days of the determination. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review (Chapter 16). If a family fails to qualify for any criteria that affected the order in which it was selected from the waiting list (e.g. targeted funding, extremely low-income preferences), the family will be returned to the waiting list. SAHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for it. If SAHA determines that the family is eligible to receive assistance, SAHA will invite the family to attend a briefing in accordance with the policies in Chapter 5. 5-16 04/01/15 Page 7-1 Chapter 7 VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2010-19] INTRODUCTION The PHA must verify all information that is used to establish the family’s eligibility and level of assistance and is required to obtain the family’s consent to collect the information. Applicants and program participants must cooperate with the verification process as a condition of receiving assistance. The PHA must not pass on the cost of verification to the family. The PHA will follow the verification guidance provided by HUD in PIH Notice 2010-19 and any subsequent guidance issued by HUD. This chapter summarizes those requirements and provides supplementary PHA policies. Part I describes the general verification process. More detailed requirements related to individual factors are provided in subsequent parts including family information (Part II), income and assets (Part III), and mandatory deductions (Part IV). Verification policies, rules and procedures will be modified as needed to accommodate persons with disabilities. All information obtained through the verification process will be handled in accordance with the records management policies of the PHA. PART I. GENERAL VERIFICATION REQUIREMENTS 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230] The family must supply any information that the PHA or HUD determines is necessary to the administration of the program and must consent to PHA verification of that information [24 CFR 982.551]. Consent Forms It is required that all adult applicants and participants sign form HUD-9886, Authorization for Release of Information. The purpose of form HUD-9886 is to facilitate automated data collection and computer matching from specific sources and provides the family's consent only for the specific purposes listed on the form. HUD and the PHA may collect information from State Wage Information Collection Agencies (SWICAs) and current and former employers of adult family members. Only HUD is authorized to collect information directly from the Internal Revenue Service (IRS) and the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. 5-17 04/01/15 Page 7-2 Penalties for Failing to Consent [24 CFR 5.232] If any family member who is required to sign a consent form fails to do so, the PHA will deny admission to applicants and terminate assistance of participants. The family may request an informal review (applicants) or informal hearing (participants) in accordance with PHA procedures. 7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS HUD’s Verification Hierarchy [Notice 2010-9] HUD mandates the use of the EIV system and offers administrative guidance on the use of other methods to verify family information and specifies the circumstances in which each method will be used. In general HUD requires the PHA to use the most reliable form of verification that is available and to document the reasons when the PHA uses a lesser form of verification. SAHA Policy In order of priority, the forms of verification that SAHA will use are:  Upfront Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system  Upfront Income Verification (UIV) using non-HUD system  Written third Party Verification (may be provided by applicant or participant)dispute)  Written Third Party Verification Form  Oral Third Party Verification  Self-Certification (Use as a last resort when unable to obtain any type of third party verification) Each of the verification methods is discussed in subsequent sections below. Requirements for Acceptable Documents SAHA Policy Any documents used for verification must be the original (not photocopies) and generally must be dated within 60 calendar days of the date they are provided to SAHA. The documents must not be damaged, altered or in any way illegible. Print-outs from Web pages maybe considered original documents The SAHA staff member will review the original document against the photocopy, indicate date viewed and initial. SAHA may accept documents more than 60 days before the effective date of the family's reexamination if the document represents the most recent scheduled report from a source. 5-18 04/01/15 Page 7-3 For example, if the holder of a pension annuity provides semi-annual reports, SAHA would accept the most recent report. Any family self-certifications must be made in a format acceptable to SAHA. File Documentation The PHA must document in the file how the figures used in income and rent calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be recorded in the family’s file in sufficient detail to demonstrate that SAHA has followed all of the verification policies set forth in this plan. The record should be sufficient to enable a staff member or HUD reviewer to understand the process followed and conclusions reached. SAHA Policy The SAHA will document in the family file the following: Reported family annual income Value of assets Expenses related to deductions from annual income Other factors influencing adjusted income When the PHA is unable to obtain third-party verification, the PHA will document in the family file the reason that third-party verification was not available [24 CFR 982.516(a) (2); Notice PIH 2010-19]. 7-I.C. UP-FRONT INCOME VERIFICATION (UIV) Up-front income verification (UIV) refers to the PHA’s use of the verification tools available from independent sources that maintain computerized information about earnings and benefits. UIV will be used to the extent that these systems are available to the PHA. There may be legitimate differences between the information provided by the family and UIV- generated information. No adverse action can be taken against a family until the PHA has independently verified the UIV information and the family has been granted an opportunity to contest any adverse findings through the informal review/hearing process of the PHA. See Chapter 6 for SAHA’s policy on the use of UIV/EIV to project annual income. Up-front Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory) PHAs must use HUD’s EIV system in its entirety as a third -party source to verify participant employment and income information during mandatory reexaminations or re-certifications of family composition and income in accordance with 24 CFR 5.236 and administrative guidance issued by HUD. The EIV system contains data showing earned income, unemployment benefits, 5-19 04/01/15 Page 7-4 social security benefits, SSI benefits for participant families. The following policies apply to the use of HUD’s EIV system. EIV Income Reports The data shown on EIV Income Reports is updated quarterly, thus data may be between 3 and 6 months old at the time reports are generated. SAHA Policy SAHA will obtain income reports for annual re-examinations on a monthly basis. Reports will be generated as part of the regular re-examination process. Income reports will be compared to family provided information as part of the annual re- examination process. Income reports may be used in the calculation of annual income as described in Chapter 6-I.C. Income reports will also be used to meet the regulatory requirements for third party verifications, as described above. Policies for resolving discrepancies between income reports and family provided information will be resolved as described in Chapter 6-I.C. and in this chapter. Income reports will be used in interim reexaminations to identify any discrepancies between reported income and income shown in the EIV system, and as necessary to verify and calculate earned income, unemployment benefits, Social Security and or SSI benefits. EIV will also be used to verify that families claiming zero income are not receiving income from any of these sources. EIV income reports will be retained in participant files with the applicable annual or interim re-examination documents. When SAHA determines through income reports and third-party verification that a family has concealed or under-reported income, corrective action will be taken pursuant to the policies in Chapter 14, Program Integrity. EIV Identity verification The EIV system verifies participant identities against SSA records. These records are compared to PIC data for a match on social security number, name, and date of birth. PHAs are required to use EIV’s Identity Verification Report on a monthly basis to improve the availability of income information in EIV [Notice PIH 2012-10]. When identity verification for a participant fails, a message will be displayed within the EIV system and no income information will be displayed. 5-20 04/01/15 Page 7-5 SAHA Policy SAHA will identify participants whose identity verification has failed by reviewing EIV’s Identity Verification Report on a monthly basis. SAHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate documentation from the participant. When SAHA determines that the discrepancies exist due to staff error such as spelling errors or incorrect birth dates, the errors will be corrected promptly. Up-front Income Verification using Non-HUD Systems (Optional) In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other upfront verification sources. SAHA Policy SAHA will inform all applicants and participants of its use of the following EIV resources during the admission and reexamination process. In addition to mandatory use of the EIV system, SAHA will also utilize other up-front verification sources, such as The Work Number (an automated verification system) and state government databases, to validate tenant-reported income. 7-I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION Reasonable Effort and Timing HUD’s current verification hierarchy defines two types of written third-party verification. The more preferable form, “written third-party verification,” consists of an original document generated by a third-party source, which may be received directly from a third-party source or provided to the PHA by the family. If written third-party verification is not available, the PHA will diligently seek third-party verification using a “written third-party verification form.” This is a standardized form used to collect information from a third party. Written Third-Party Verification [Notice PIH 2010-19] Written third-party verification documents must be original and authentic and may be supplied by the family or received from a third-party source. Examples of acceptable tenant-provided documents include, but are not limited to: pay stubs, payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefits notices. The PHA is required to obtain, at minimum, two current and consecutive paystubs for determining annual income from wages. 5-21 04/01/15 Page 7-6 The PHA may reject documentation provided by the family if the document is not an original, if the document appears to be forged, or if the document is altered, mutilated, or illegible. SAHA Policy Third party documents provided by the family must be dated within 60 days of the request date If SAHA determines that third-party documents provided by the family are not acceptable, SAHA will explain the reason to the family and request additional documentation. As verification of earned income, SAHA will request pay stubs covering the 90-day period prior to the date of SAHA’s request. Written Third-Party Verification Form When up-front verification is not available and the family is unable to provide written third-party documents, the PHA will request a written third-party verification form. HUD’s position is that this traditional third-party verification method presents administrative burdens and risks which may be reduced through the use of family-provided third-party documents. PHAs may mail, fax, or e-mail third–party verification form requests to third-party sources. SAHA Policy SAHA may mail, fax, e-mail third-party written verification requests and will accept third-party responses using any of these methods. SAHA will send a written request for verification to each required source within 7 days of securing a family’s authorization for the release of the information and give the source 14 days to respond in writing. If a response has not been received by the 15th day, SAHA may send a second request, or will request third-party oral verification. Oral Third-Party Verification [Notice PIH 2010-19] For third-party oral verification, PHAs will contact sources, identified by UIV techniques or by the family, by telephone or in person. Oral third-party verification is mandatory if neither form of written third-party verification is available. Third-party oral verification may be used when requests for written third-party verifications forms have not been returned within a reasonable time---e.g., 10 business days. 5-22 04/01/15 Page 7-7 PHAs should document in the file the date and time of the telephone call or visit, the name of the person contacted, the telephone number, as well as the information confirmed. SAHA Policy SAHA staff will document in the file the date and time of the telephone call or visit, the name of the person contacted, the telephone number, as well as the information/facts provided. When any source responds verbally to the initial written request for verification, SAHA staff will accept the verbal response as oral verification but will also request that the source complete and return any verification forms that were provided. When Third-Party Verification is Not Required [Notice PIH 2010-19] Third-party verification may not be available in all situations. HUD has acknowledged that it may not be cost-effective or reasonable to obtain third-party verification of income, assets, or expenses when these items would have a minimal impact on the family’s total tenant payment. SAHA Policy If the family cannot provide original documents, SAHA will pay the service charge required to obtain third-party verification, unless it is not cost effective in which case a self-certification will be acceptable as the only means of verification. SAHA also will determine that third-party verification is not available when there is a service charge for verifying an asset or expense. The cost of verification will not be passed on to the family. The cost of postage and envelopes to obtain third-party verification of income, assets and expenses is not an unreasonable cost [VG. P. 18]. Primary Documents Third-party verification is not required when legal documents are the primary source, such as a birth certificate or other legal documentation of birth. Imputed Assets HUD permits PHAs to accept a self-certification from a family as verification of assets disposed of for less than fair market value [HCV GB, p. 5-28]. SAHA Policy SAHA will not accept a self-certification from a family as verification of assets disposed of for less than fair market value. 5-23 04/01/15 Page 7-8 7-I.E. SELF-CERTIFICATION Self-certification, or “tenant declaration,” is used as a last resort when the PHA is unable to obtain third-party verification. When the PHA relies on a tenant declaration for verification of income, assets, or expenses, the family’s file must be documented to explain why third-party verification was not available. SAHA Policy When information cannot be verified by a third party or by review of documents, family members will be required to submit self-certifications attesting to the accuracy of the information they have provided to SAHA. SAHA staff must document the family’s file to explain why third-party verification was not available when SAHA relies on tenant declaration for verification of income, assets, or expenses. SAHA may require a family to certify that a family member does not receive a particular type of income or benefit. The self-certification must be made in a format acceptable to SAHA and must be signed by the family member whose information or status is being verified. All self- certifications must be signed in the presence of a SAHA representative. PART II. VERIFYING FAMILY INFORMATION 7-II.A. VERIFICATION OF LEGAL IDENTITY SAHA Policy SAHA will require families to furnish verification of legal identity for each household member. Verification of Legal Identity for Adults Verification of Legal Identity for Children Certificate of birth, naturalization papers Church issued baptismal certificate Current, valid driver's license or Department of Motor Vehicles identification card U.S. military discharge (DD 214) Current U.S. passport Current Employer identification card Certificate of birth Adoption papers Custody agreement Health and Human Services ID Certified school records 5-24 04/01/15 Page 7-9 If a document submitted by a family is illegible or otherwise questionable, more than one of these documents may be required. If none of these documents can be provided and at the PHA’s discretion, a third party who knows the person may attest to the person’s identity. The certification must be provided in a format acceptable to the PHA and be signed in the presence of a PHA representative or PHA notary public. Legal identity will be verified for all applicants at the time of eligibility determination and in cases where the PHA has reason to doubt the identity of a person representing him or herself to be a participant. 7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2012-10] The family must provide documentation of a valid social security number (SSN) for each member of the household, with the exception of individuals who do not contend eligible immigration status. Exemption also include, existing program participants who were at least 62 years of age as of January 31, 2010, and had not previously disclosed an SSN. Note that an individual who previously declared to have eligible immigration status may not change his or her declaration for the purpose of avoiding compliance with the SSN disclosure and documentation requirements or penalties associated with noncompliance with these requirements. Nor may the head of household opt to remove a household member from the family composition for this purpose. The PHA must accept the following documents as acceptable evidence of the social security number: An original SSN card issued by the Social Security Administration (SSA) An original SSA-issued document, which contains the name and SSN of the individual An original document issued by a federal, state, or local government agency, which contains the name and SSN of the individual The PHA may only reject documentation of an SSN provided by an applicant or participant if the document is not an original document or if the original document has been altered, mutilated, is illegible, or appears to be forged. SAHA Policy SAHA will explain to the applicant or participant the reasons the document is not acceptable and request that the individual obtain and submit acceptable documentation of the SSN within 90 days. SAHA will grant one additional 90-days extension if needed for reasons beyond the participant’s control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. If the individual fails to comply with SSN disclosure and documentation requirements upon expiration of the provided time period, SAHA will terminate the individual’s assistance. 5-25 04/01/15 Page 7-10 When the participant requests to add a new household member who is at least 6 years of age, or who is under the age of 6 and has an SSN, the participant must provide the complete and accurate SSN assigned to each new member at the time of re-examination or recertification or interim re-examination, in addition to the documentation required to verify it. The PHA will not add the new household member until such documentation is provided. When a participant requests to add a new household member who is under the age of 6 and has not been assigned an SSN, the participant must provide the SSN assigned to each new child and the required documentation within 90 calendar days of the child being added to the household. A 90-day extension will be granted if the PHA staff determines that the participant’s failure to comply was due to unforeseen circumstances and was outside of the participant’s control (such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency). During the period the PHA is awaiting documentation of the SSN, the child will be counted as part of the assisted household. SAHA Policy SAHA will grant one additional 90-day extension if needed for reasons beyond the participants control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. Social security numbers must be verified only once during continuously-assisted occupancy. SAHA Policy SAHA will verify each disclosed SSN by: Obtaining documentation from applicants and participants that is acceptable as evidence of social security numbers Making a copy of the original documentation submitted, returning it to the individual, and retaining a copy in the file Once the individual’s verification status is classified as “verified”, the PHA may, at its discretion, remove and destroy copies of documentation accepted as evidence of social security numbers. The retention of the EIV Summary Report or Income Report is adequate documentation of an individual’s SSN. SAHA Policy Once an individual’s status is classified as “verified” in HUD’s EIV system, SAHA will remove and destroy copies of documentation accepted as evidence of social security numbers. 7-II.C. DOCUMENTATION OF AGE A birth certificate or other official record of birth is the preferred form of age verification for all family members. For elderly family members an original document that provides evidence of the receipt of social security retirement benefits is acceptable. 5-26 04/01/15 Page 7-11 SAHA Policy If an official record of birth or evidence of social security retirement benefits cannot be provided, SAHA will require the family to submit other documents that support the reported age of the family member (e.g., school records, driver's license if birth year is recorded) and to provide a self-certification. Age must be verified only once during continuously-assisted occupancy. 7-II.D. FAMILY RELATIONSHIPS Applicants and program participants are required to identify the relationship of each household member to the head of household. Definitions of the primary household relationships are provided in the Eligibility chapter. SAHA Policy Family relationships are verified only to the extent necessary to determine a family’s eligibility and level of assistance. Certification by the head of household normally is sufficient verification of family relationships. Marriage SAHA Policy In the case of a common law marriage, the couple must demonstrate that they hold themselves to be married (e.g., by telling the community they are married, calling each other husband and wife, using the same last name, filing joint income tax returns). Certification by the head of household is normally sufficient verification. If SAHA has reasonable doubts about a marital relationship, SAHA will require the family to document the marriage. Separation or Divorce SAHA Policy A certified copy of a divorce decree, signed by a court officer, is required to document that a couple is divorced. A copy of a court-ordered maintenance or other court record is required to document a separation. Absence of Adult Member SAHA Policy If an adult member who was formerly a member of the household is reported to be permanently absent, the family must provide evidence to support that the person is no 5-27 04/01/15 Page 7-12 longer a member of the family (e.g., documentation of another address at which the person resides such as a lease or utility bill). Foster Children and Foster Adults SAHA Policy Third-party verification from the state or local government agency responsible for the placement of the individual with the family is required. 7-II.E. VERIFICATION OF STUDENT STATUS General Requirements SAHA Policy SAHA requires families to provide verification of student status at the time of eligibility appointment for all family members of school age. Verification of status is also required for all students who are 18 years of age or older. This information will be verified only if: The family claims full-time student status for an adult other than the head, spouse, or co-head, or The family claims a childcare deduction to enable a family member to further his or her education. The family includes a student enrolled in an institution of higher education. Verification of full-time student status includes all of the following: Written verification from the registrar’s office or other school official. School records indicating enrollment in sufficient credits to qualify as full-time by the educational institution. Final report of units completed within 90 days of the semester or quarter’s end. Full-time students that are over eighteen (18) years of age and are employed are required to provide a certified transcript from each institution of higher education within 90 days of the semester or quarter’s end. Restrictions on Assistance to Students Enrolled in Institution of Higher Education This section only applies to students who are seeking assistance on their own, separately from their parents. It does not apply to students residing with parents who are seeking or receiving HCV assistance. 5-28 04/01/15 Page 7-13 SAHA Policy In accordance with the verification hierarchy described in section 7-1.B, SAHA will determine whether the student is exempt from the restrictions in 24 CFR 5.612 by verifying any one of the following exemption criteria:  The student is enrolled at an educational institution that does not meet the definition of institution of higher education in the Higher Education Act of 1965 (see Section Exhibit 3-2).  The student is at least 24 years old.  The student is a veteran, as defined in Section 3-II.E.  The student is married.  The student has at least one dependent child, as defined in Section 3-II.E.  The student is a person with disabilities, as defined in Section 3-II.E, and was receiving assistance prior to November 30, 2005. If the PHA cannot verify at least one of these exemption criteria, the PHA will conclude that the student is subject to the restrictions on assistance at 24 CFR 5.612. In addition to verifying the student’s income eligibility, the PHA will then proceed to verify either the student’s parent’s income eligibility (see Section 7-III.J) or the student’s independence from his/her parents (see below). Independent Student SAHA Policy SAHA will verify a student’s independence from his/her parents to determine that the student’s parents’ income is not relevant for determining the student’s eligibility by doing all of the following: Either reviewing or verifying previous address information to determine whether the student has established a household separate from his/her parents for at least one year or reviewing and verifying documentation relevant to determining whether the student meets the U.S. Department of Education’s definition of independent student (see Section 3-II.E) Reviewing prior year income tax returns to verify whether a parent has claimed the student as a dependent Requesting and obtaining written certification directly from the student’s parents identifying the amount of support they will be providing to the student, even if the amount of support is $0. 7-II.F. DOCUMENTATION OF DISABILITY The PHA must verify the existence of a disability in order to allow certain income disallowances and deductions from income. The PHA is not permitted to inquire about the nature or extent of a 5-29 04/01/15 Page 7-14 person’s disability [24 CFR 100.202(c)]. The PHA may not inquire about a person’s diagnosis or details of treatment for a disability or medical condition. If the PHA receives a verification document that provides such information, the PHA will not place this information in the tenant file. Under no circumstances will the PHA request a participant’s medical record(s). For more information on health care privacy laws, see the Department of Health and Human Services’ website at http://www.hhs.gov/ocr/privacy/. The above cited regulation does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they are persons with disabilities [VG, p. 24]:  Inquiry into an applicant’s ability to meet the requirements of tenancy  Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability  Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability  Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance  Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance Family Members Receiving SSA Disability Benefits Verification of the receipt of disability benefits from the Social Security Administration (SSA) is sufficient verification of disability for the purpose of qualifying for waiting list preferences (if applicable) or certain income disallowances and deductions [VG, p. 23]. SAHA Policy For family members claiming disability who receive disability benefits from the SSA, SAHA will attempt to obtain information about disability benefits through the HUD Enterprise Income Verification (EIV) system when it is available, or HUD’s Tenant Assessment Subsystem (TASS). If documentation from HUD’s EIV System or TASS is not available, SAHA will request a current (dated within the last 60 days) SSA benefit verification letter from each family member claiming disability status. If the family is unable to provide the document(s), SAHA will ask the family to request a benefit verification letter by either calling SSA at 1-800-772-1213, or by requesting it from www.ssa.gov. Once the applicant or participant receives the benefit verification letter they will be required to provide it to SAHA. Family Members Not Receiving SSA Disability Benefits Receipt of veteran’s disability benefits, worker’s compensation, or other non -SSA benefits based on the individual’s claimed disability are not sufficient verification that the individual meets HUD’s definition of disability in 24 CFR 5.603. 5-30 04/01/15 Page 7-15 SAHA Policy For family members claiming disability who do not receive disability benefits from the SSA, a knowledgeable professional must provide third-party verification that the family member meets the HUD definition of disability. See the Eligibility chapter for the HUD definition of disability. The knowledgeable professional will verify whether the family member does or does not meet the HUD definition. 7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508] Overview Housing assistance is not available to persons who are not citizens, nationals, or eligible immigrants. Prorated assistance is provided for "mixed families" containing both eligible and ineligible persons. A detailed discussion of eligibility requirements is in the Eligibility chapter. This verifications chapter discusses HUD and PHA verification requirements related to citizenship status. The family must provide a certification that identifies each family member as a U.S. citizen, a U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the documents discussed below for each family member. Once eligibility to receive assistance has been verified for an individual it need not be collected or verified again during continuously-assisted occupancy [24 CFR 5.508(g) (5)] U.S. Citizens and Nationals HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The declaration must be signed personally by any family member 18 or older and by a guardian for minors. The PHA may request verification of the declaration by requiring presentation of a birth certificate, United States passport or other appropriate documentation. SAHA Policy Family members who claim U.S. citizenship or national status will not be required to provide additional documentation unless SAHA receives information indicating that an individual’s declaration may not be accurate. Eligible Immigrants Documents Required All family members must provide a birth certificate or other documentation providing verification of legal residency status. The documentation required for eligible noncitizens varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been 5-31 04/01/15 Page 7-16 granted, age, and the date on which the family began receiving HUD-funded assistance. Exhibit 7-2 at the end of this chapter summarizes documents family members must provide. PHA Verification [HCV GB, pp. 5-3 and 5-7] For family members age 62 or older who claim to be eligible immigrants, proof of age is required in the manner described in 7-II.C. of this plan. No further verification of eligible immigration status is required. For family members under the age of 62 who claim to be eligible immigrants, the PHA must verify immigration status with the United States Citizenship and Immigration Services (USCIS). The PHA will follow all USCIS protocols for verification of eligible immigration status. 7-II.H. VERIFICATION OF PREFERENCE STATUS The PHA must verify any preferences claimed by an applicant that determined placement on the waiting list. SAHA Policy  SAHA will offer a preference to any family that has been terminated from its HCV program due to insufficient program funding. SAHA will verify this preference using termination records.Live/Work Preference: o At least two pieces of verification must be provided at their eligibility interview appointment (e.g. utility bills, bank statements, paycheck stubs, etc.).  United States Veteran Preference: o Form DD 214 with an Honorable Discharge, or equivalent verification, must be provided at their eligibility interview appointment. Individual must have served a minimum of 90 days to qualify for the preference. Additionally, SAHA will offer priority to any family that has been terminated from its HCV program due to insufficient program funding. SAHA will verify this preference using termination records. SAHA will accept direct referrals to the HCV Program for the following:  Graduates of Transitional Housing Preference: o A referral from the transitional housing programs whose agency has entered into an MOU with SAHA to provide one year of support services to the participants after lease-up.  Homeless individuals/families: o A referral from the local agency that provides services to the homeless and has entered into an MOU with SAHA to provide services to support success in the HCV Program. Formatted Formatted Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Tab after: 1" + Indent at: 1" Formatted: Bulleted + Level: 2 + Aligned at: 1.25" + Tab after: 1.5" + Indent at: 1.5" 5-32 04/01/15 Page 7-17 PART III. VERIFYING INCOME AND ASSETS Chapter 6, Part I of this plan describes in detail the types of income that are included and excluded and how assets and income from assets are handled. Any assets and income reported by the family must be verified. This part provides PHA policies that supplement the general verification procedures specified in Part I of this chapter. 7-III.A. EARNED INCOME Tips SAHA Policy Unless tip income is included in a family member’s W-2 by the employer, persons who work in industries where tips are standard will be required to sign a certified estimate of tips received for the prior year and tips anticipated to be received in the coming year. Wages SAHA Policy For wages other than tips, the family must provide originals for past six months of consecutive pay stubs or whatever is applicable for initial eligibility and three months consecutive pay stubs or whatever is applicable for reexaminations. 7-III.B. BUSINESS AND SELF-EMPLOYMENT INCOME SAHA Policy Business owners and self-employed persons will be required to provide: An audited previous fiscal year financial statement, if an audit was not conducted, a statement of income and expenses must be submitted and the business owner or self-employed person must certify to its accuracy All schedules completed for filing federal and local taxes in the preceding year. If accelerated depreciation was used on the tax return or financial statement, an accountant's calculation of depreciation expense, computed using straight-line depreciation rules. SAHA will provide a format for any person who is unable to provide such a statement to record income and expenses for the coming year. The business owner/self-employed person will be required to submit the information requested and to certify to its accuracy at all future reexaminations. At any reexamination SAHA may request documents that support submitted financial statements such as manifests, appointment books, cash books, or bank statements. 5-33 04/01/15 Page 7-18 If a family member has been self-employed less than three (3) months, SAHA will accept the family member's certified estimate of income and schedule an interim reexamination in three (3) months. If the family member has been self- employed for three (3) to twelve (12) months SAHA will require the family to provide documentation of income and expenses for this period and use that information to project income. 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS Social Security/SSI Benefits SAHA Policy To verify the SS/SSI benefits of applicants, SAHA will request a current (dated within the last 60 days) SSA benefit verification letter from each family member that receives social security benefits. If the family is unable to provide the document(s), SAHA will ask the family to request a benefit verification letter by either calling SSA at 1-800-772- 1213, or by requesting it from www.ssa.gov. Once the applicant has received the benefit verification letter they will be required to provide it to SAHA. To verify the SS/SSI benefits of participants, SAHA will obtain information about social security/SSI benefits through the HUD EIV System or the Tenant Assessment Subsystem (TASS) and confirm with the participant(s) that the current listed benefit amount is correct. If the participant disputes the EIV-reported benefit amount, or if benefit information is not available in HUD systems, SAHA will request a current SSA benefit verification letter from each family member that receives social security benefits. If the family is unable to provide the document(s) SAHA will ask the family to request a benefit verification letter by either calling SSA at 1-800-772-1213, or by requesting it from www.ssa.gov. Once the participant has received the benefit verification letter they will be required to provide it to SAHA. 7-III.D. ALIMONY OR CHILD SUPPORT SAHA Policy The way SAHA will seek verification for alimony and child support differs depending on whether the family declares that it receives regular payments. If the family declares that it receives regular payments, verification will be sought in the following order: Receipts and/or payment stubs for the 90 days prior to SAHA’s request Third-party verification form/printout from the state or local child support enforcement agency for record of payments for the past 12 months and request that the entity disclose any known information about the likelihood of future payments. 5-34 04/01/15 Page 7-19 Third-party verification form from the person paying the support Family's self-certification of amount received and of the likelihood of support payments being received in the future, or that support payments are not being received. A separation or settlement agreement or a divorce decree stating amount and type of support and payment schedules If the family declares that it receives irregular or no payments, in addition to the verification process listed above, the family must provide evidence that it has taken all reasonable efforts to collect amounts due. This may include: A statement from any agency responsible for enforcing payment that shows the family has requested enforcement and is cooperating with all enforcement efforts If the family has made independent efforts at collection, a written statement from the attorney or other collection entity that has assisted the family in these efforts Note: Families are not required to undertake independent enforcement action. 7-III.E. ASSETS AND INCOME FROM ASSETS Assets Disposed of for Less than Fair Market Value The family must certify whether any assets have been disposed of for less than fair market value in the preceding two years. The PHA needs to verify only those certifications that warrant documentation [HCV GB, p. 5-28]. SAHA Policy SAHA will verify the value of assets disposed of only if: SAHA does not already have a reasonable estimation of its value from previously collected information, or The amount reported by the family in the certification appears obviously in error. Example 1: An elderly participant reported a $10,000 certificate of deposit at the last annual reexamination and SAHA verified this amount. Now the person reports that she has given this $10,000 to her son. SAHA has a reasonable estimate of the value of the asset; therefore, re-verification of the value of the asset is not necessary. Example 2: A family member has disposed of its 1/4 share of real property located in a desirable area and has valued her share at approximately 5,000. Based upon market conditions, this declaration does not seem realistic. Therefore, SAHA will verify the value of this asset. 5-35 04/01/15 Page 7-20 7-III.F. NET INCOME FROM RENTAL PROPERTY SAHA Policy The family must provide: A current executed lease for the property that shows the rental amount or certification from the current tenant. A self-certification from the family members engaged in the rental of property providing an estimate of expenses for the coming year and the most recent IRS Form 1040 with Schedule E (Rental Income). If schedule E was not prepared, SAHA will require the family members involved in the rental of property to provide a self-certification of income and expenses for the previous year and may request documentation to support the statement including: tax statements, insurance invoices, bills for reasonable maintenance and utilities, and bank statements or amortization schedules showing monthly interest expense. 7-III.G. RETIREMENT ACCOUNTS SAHA Policy SAHA will accept written third-party documents supplied by the family as evidence of the status of retirement accounts. The type of original document that will be accepted depends upon the family member’s retirement status. Before retirement, SAHA will accept an original document from the entity holding the account with a date that shows it is the most recently scheduled statement for the account but in no case earlier than 6 months from the effective date of the examination. Upon retirement, SAHA will accept an original document from the entity holding the account that reflects any distributions of the account balance, any lump sums taken and any regular payments. After retirement, SAHA will accept an original document from the entity holding the account dated no earlier than 90 days before that reflects any distributions of the account balance, any lump sums taken and any regular payments. 7-III.H. INCOME FROM EXCLUDED SOURCES 5-36 04/01/15 Page 7-21 A detailed discussion of excluded income is provided in Chapter 6, Part I. HUD guidance on verification of excluded income draws a distinction between income which is fully excluded and income which is only partially excluded. For fully excluded income, the PHA is not required to follow the verification hierarchy, document why third-party verification is not available, or report the income on the 50058. Fully excluded income is defined as income that is entirely excluded from annual income determination (for example, food stamps, earned income of a minor, or foster care funds) [Notice PIH 2013-04]. PHAs may accept family’s signed application or reexamination form as self-certification of fully excluded income. They do not have to require additional documentation. However, if there is any doubt that a source of income qualifies for full exclusion; PHAs have the option of requiring additional verification. For partially excluded income, the PHA is required to follow the verification hierarchy and all applicable regulations, and to report the income on the 50058. Partially excluded income is defined as income where only a certain portion of what is reported by the family qualifies to be excluded and the remainder is included in annual income (for example, the income of an adult full-time student, or income excluded under the earned income disallowance). SAHA Policy SAHA will accept the family’s self-certification as verification of fully excluded income. SAHA may request additional documentation if necessary to document the income source. SAHA will verify the source and amount of partially excluded income as described in Part 1 of this chapter. 7-III.I. ZERO ANNUAL INCOME STATUS SAHA Policy SAHA will check UIV sources and/or request information from third-party sources to verify that certain forms of income such as unemployment benefits, TANF, SS, SSI, and earnings are not being received by families claiming to have zero annual income. Families claiming to have no income will be required to execute verification forms to determine that certain forms of income such as unemployment benefits, TANF, SSI, etc. are not being received by the household. These families are required to undergo a file review every sixty days. 5-37 04/01/15 Page 7-22 7-III.J. STUDENT FINANCIAL ASSISTANCE Any financial assistance, in excess of amounts received for tuition, that a person attending an institution of higher education receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education must be considered income unless the student is over the age of 23 with dependent children or is residing with parents who are seeking or receiving HCV assistance [24 CFR 5.609(b) (9) and FR 4/10/06]. For students over the age of 23 with dependent children or students residing with parents who are seeking or receiving HCV assistance, the full amount of student financial assistance is excluded from annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for students attending schools that do not qualify as institutions of higher education (as defined in Exhibit 3-2). Excluded amounts are verified only if, without verification, the PHA would not be able to determine whether or to what extent the income is to be excluded (see Section 7-III.H). SAHA Policy For a student subject to having a portion of his/her student financial assistance included in annual income in accordance with 24 CFR 5.609(b)(9), the PHA will request written third-party verification of both the source and the amount. Family-provided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student. In addition, SAHA will request written verification of the student’s tuition amount. If SAHA is unable to obtain third-party written verification of the requested information, SAHA will pursue other forms of verification following the verification hierarchy in Section 7-I.B. 7-III.K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBILITY RESTRICTIONS If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the income of the student’s parents must be considered when determining income eligibility, unless the student is determined independent from his or her parents in accordance with PHA policy [24 CFR 5.612 and FR 4/10/06, p. 18146]. This provision does not apply to students residing with parents who are seeking or receiving HCV assistance. It is limited to students who are seeking or receiving assistance on their own, separately from their parents. SAHA Policy 5-38 04/01/15 Page 7-23 If SAHA is required to determine the income eligibility of a stu dent’s parents, SAHA will request an income declaration and certification of income from the appropriate parent(s) (as determined in Section 3-II.E). SAHA will send the request directly to the parents, who will be required to certify to their income under penalty of perjury. The parents will be required to submit the information directly to SAHA. The required information must be submitted (postmarked) within 14 days of the date of the SAHA’s request or within any extended timeframe approved by SAHA. SAHA reserves the right to request and review supporting documentation at any time if it questions the declaration or certification. Supporting documentation may include, but is not limited to, Internal Revenue Service (IRS) tax returns, consecutive and original pay stubs, bank statements, pension benefit statements, benefit award letters, and other official and authentic documents from a federal, state, or local agency. PART IV. VERIFYING MANDATORY DEDUCTIONS 7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS The dependent and elderly/disabled family deductions require only that the PHA verify that the family members identified as dependents or elderly/disabled persons meet the statutory definitions. No further verifications are required. Dependent Deduction See Chapter 6 (6-II.B.) for a full discussion of this deduction. The PHA will verify that:  Any person under the age of 18 for whom the dependent deduction is claimed is not the head, spouse, or co-head of the family and is not a foster child  Any person age 18 or older for whom the dependent deduction is claimed is not a foster adult or live-in aide, and is a person with a disability or a full time student Elderly/Disabled Family Deduction See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 (6-II.C.) for a discussion of the deduction. The PHA will verify that the head, spouse, or co-head is 62 years of age or older or a person with disabilities. 7-IV.B. MEDICAL EXPENSE DEDUCTION Policies related to medical expenses are found in 6-II.D. The amount of the deduction will be verified following the standard verification procedures described in Part I. Amount of Expense 5-39 04/01/15 Page 7-24 SAHA Policy Medical expenses will be verified through: Written third-party documents provided by the family, such as pharmacy printouts or receipts. SAHA will make a best effort to determine what expenses from the past are likely to continue to occur in the future. SAHA will also accept evidence of monthly payments or total payments that will be due for medical expenses during the upcoming 12 months, SAHA will use monthly payments or total balance whichever is less In addition, the PHA must verify that:  The household is eligible for the deduction.  The costs to be deducted are qualified medical expenses.  The expenses are not paid for or reimbursed by any other source.  Costs incurred in past years are counted only once. Eligible Household The medical expense deduction is permitted only for households in which the head, spouse, or co-head is at least 62, or a person with disabilities. The PHA will verify that the family meets the definition of an elderly or disabled family provided in the Eligibility chapter and as described in Chapter 7 (7-IV.A.) of this plan. Qualified Expenses To be eligible for the medical expenses deduction, the costs must qualify as medical expenses. See Chapter 6 (6-II.D.) for PHA’s policy on what counts as a medical expense. Unreimbursed Expenses To be eligible for the medical expenses deduction, the costs must not be reimbursed by another source. SAHA Policy The family will be required to certify that the medical expenses are not paid or reimbursed to the family from any source. If expenses are verified through a third party, the third party must certify that the expenses are not paid or reimbursed from any other source. Expenses Incurred in Past Years SAHA Policy 5-40 04/01/15 Page 7-25 When anticipated costs are related to on-going payment of medical bills incurred in past years, SAHA will verify: The anticipated repayment schedule The amounts paid in the past, and The amounts to be repaid have been deducted from the family’s annual income in past years. 7-IV.C. DISABILITY ASSISTANCE EXPENSES Policies related to disability assistance expenses are found in 6-II.E. The amount of the deduction will be verified following the standard verification procedures described in Part I. Amount of Expense Attendant Care SAHA Policy SAHA will accept written third-party documents provided by the family. If family-provided documents are not available, SAHA will provide a third-party verification form directly to the care provider requesting the needed information. Expenses for attendant care will be verified through: Written third-party documents provided by the family, such as receipts or cancelled checks. Third-party verification form signed by the provider, if family-provided documents are not available Auxiliary Apparatus SAHA Policy Expenses for auxiliary apparatus will be verified through: Written third-party documents provided by the family, such as billing statements for purchase of auxiliary apparatus, or other evidence of monthly payments or total payments that will be due for the apparatus during the upcoming 12 months. Third-party verification form signed by the provider, if family-provided documents are not available. In addition, the PHA must verify that:  The family member for whom the expense is incurred is a person with disabilities (as described in 7-II.F above).  The expense permits a family member, or members, to work (as described in 6-II.E.). 5-41 04/01/15 Page 7-26  The expense is not reimbursed from another source (as described in 6-II.E.). Family Member is a Person with Disabilities To be eligible for the disability assistance expense deduction, the costs must be incurred for attendant care or auxiliary apparatus expense associated with a person with disabilities. The PHA will verify that the expense is incurred for a person with disabilities (See 7-II.F.). Family Member(s) Permitted to Work The PHA must verify that the expenses claimed actually enable a family member, or members, (including the person with disabilities) to work. SAHA Policy SAHA will request third-party verification from a rehabilitation agency or knowledgeable medical professional indicating that the person with disabilities requires attendant care or an auxiliary apparatus to be employed, or that the attendant care or auxiliary apparatus enables another family member, or members, to work (See 6-II.E.). This documentation may be provided by the family. If third-party verification has been attempted and is either unavailable or proves unsuccessful, the family must certify that the disability assistance expense frees a family member, or members (possibly including the family member receiving the assistance), to work. Unreimbursed Expenses To be eligible for the disability expenses deduction, the costs must not be reimbursed by another source. SAHA Policy The family will be required to certify that attendant care or auxiliary apparatus expenses are not paid by or reimbursed to the family from any source. 7-IV.D. CHILD CARE EXPENSES Policies related to child care expenses are found in Chapter 6 (6-II.F). The amount of the deduction will be verified following the standard verification procedures described in Part I of this chapter. In addition, the PHA must verify that:  The child is eligible for care.  The costs claimed are not reimbursed.  The costs enable a family member to pursue an eligible activity.  The costs are for an allowable type of child care. 5-42 04/01/15 Page 7-27  The costs are reasonable. Eligible Child To be eligible for the child care deduction, the costs must be incurred for the care of a child under the age of 13. The PHA will verify that the child being cared for (including foster children) is under the age of 13 (See 7-II.C.). Unreimbursed Expense To be eligible for the child care deduction, the costs must not be reimbursed by another source. SAHA Policy The family and the child care provider will be required to certify that, the child care expenses are not paid by or reimbursed to the family from any source. Pursuing an Eligible Activity The PHA must verify that the family member(s) that the family has identified as being enabled to seek work, pursue education, or be gainfully employed, are actually pursuing those activities. SAHA Policy Information to be gathered SAHA will verify information about how the schedule for the claimed activity relates to the hours of care provided, the time required for transportation, the time required for study (for students), the relationship of the family member(s) to the child, and any special needs of the child that might help determine which family member is enabled to pursue an eligible activity. Seeking Work Whenever possible SAHA will use documentation from a state or local agency that monitors work-related requirements (e.g., welfare or unemployment). In such cases SAHA will request family-provided verification from the agency of the member’s job seeking efforts to date and require the family to submit to SAHA any reports provided to the other agency. In the event third-party verification is not available, SAHA will provide the family with a form on which the family member must record job search efforts. SAHA will review this information at each subsequent reexamination for which this deduction is claimed. Furthering Education SAHA will request third-party documentation to verify that the person permitted to further his or her education by the child care is enrolled and provide information about the timing of classes for which the person is registered. The documentation may be provided by the family. Gainful Employment 5-43 04/01/15 Page 7-28 SAHA will seek third-party verification of the work schedule of the person who is permitted to work by the child care. In cases in which two or more family members could be permitted to work, the work schedules for all relevant family members may be verified. The documentation may be provided by the family. Allowable Type of Child Care The type of care to be provided is determined by the family, but must fall within certain guidelines, as discussed in Chapter 6. SAHA Policy SAHA will verify that the type of child care selected by the family is allowable, as described in Chapter 6 (6-II.F). SAHA will verify that the fees paid to the child care provider cover only child care costs (e.g., no housekeeping services or personal services) and are paid only for the care of an eligible child (e.g., prorate costs if some of the care is provided for ineligible family members). SAHA will verify that the child care provider is not an assisted family member. Verification will be made through the head of household’s declaration of family members who are expected to reside in the unit. Reasonableness of Expenses Only reasonable child care costs can be deducted. SAHA Policy The actual costs the family incurs will be compared with SAHA’s established standards of reasonableness for the type of care in the locality to ensure that the costs are reasonable. If the family presents a justification for costs that exceed typical costs in the area, SAHA will request additional documentation, as required, to support a determination that the higher cost is appropriate. 5-44 04/01/15 Page 7-29 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-10]  All noncitizens claiming eligible status must sign a declaration of eligible immigrant status on a form acceptable to the PHA.  Except for persons 62 or older, all noncitizens must sign a verification consent form  Additional documents are required based upon the person's status. Elderly Noncitizens  A person 62 years of age or older who claims eligible immigration status also must provide proof of age such as birth certificate, passport, or documents showing receipt of SS old -age benefits. All other Noncitizens  Noncitizens that claim eligible immigration status also must present the applicable USCIS document. Acceptable USCIS documents are listed below.  Form I-551 Alien Registration Receipt Card (for permanent resident aliens)  Form I-94 Arrival-Departure Record annotated with one of the following:  “Admitted as a Refugee Pursuant to Section 207”  “Section 208” or “Asylum”  “Section 243(h)” or “Deportation stayed by Attorney General”  “Paroled Pursuant to Section 221 (d)(5) of the USCIS”  Form I-94 Arrival-Departure Record with no annotation accompanied by:  A final court decision granting asylum (but only if no appeal is taken);  A letter from a USCIS asylum officer granting asylum (if application is filed on or after 10/1/90) or from a USCIS district director granting asylum (application filed before 10/1/90);  A court decision granting withholding of deportation; or  A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1/90).  Form I-688 Temporary Resident Card annotated “Section 245A” or Section 210”. Form I-688B Employment Authorization Card annotated “Provision of Law 274a. 12(11)” or “Provision of Law 274a.12”.  A receipt issued by the USCIS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and the applicant’s entitlement to the document has been verified; or  Other acceptable evidence. If other documents are determined by the USCIS to constitute acceptable evidence of eligible immigration status, they will be announced by notice published in the Federal Register 5-45 6/23/15 JB 1 Exhibit 2 RESOLUTION NO. 2015- A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING CORRECTIONS TO THE ADMINISTRATIVE PLAN BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the “Authority”) is required by the U.S. Department of Housing and Urban Development (“HUD”) to have a Administrative Plan to administer a Housing Choice Voucher (“HCV”) Rental Assistance Program. B. The Administrative Plan informs the public and staff about local Authority policies and explains how the Santa Ana Housing Authority will implement those policies. The following sections were revised: Chapter 4-III.C. Selection Method and Chapter 7-II.H. Verification of Preference Status. Section 2. The Administrative Plan of the Housing Authority of the City of Santa Ana is hereby revised as referenced herein, and is hereby approved and adopted. Section 3. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of ______________, 2015. _____________________ Miguel A. Pulido Chair APPROVED AS TO FORM: Sonia R. Carvalho, General Counsel By:_____________________ Lisa E. Storck Assistant Counsel 5-46 6/23/15 JB 2 AYES: Boardmembers: __________________________ NOES: Boardmembers: __________________________ ABSTAIN: Boardmembers: __________________________ NOT PRESENT: Boardmembers: __________________________ CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Secretary to the Housing Authority, do hereby attest to and certify the attached Resolution No. 2015-__ to be the original resolution adopted by the Housing Authority of the City of Santa Ana on _______________, 2015. Date: ____________________ ______________________________ Maria D. Huizar, Recording Secretary 5-47