HomeMy WebLinkAboutFULL PACKET_2015-12-15
NOTE: If you need special assistance to participate in this Council meeting, please contact Michael Ortiz, City
ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time
to make reasonable arrangements for accessibility to this meeting.
[Americans with Disabilities Act, Title II, 28 CFR 35.102]
HOUSING AUTHORITY
SPECIAL MEETING AGENDA
DECEMBER 15, 2015
CITY COUNCIL CHAMBER
22 Civic Center Plaza
Santa Ana, California
5:45 p.m.
(Immediately following the City Council Closed Session Meeting)
TOBER 2, 2006
Miguel A. Pulido
Chairperson
Vincent F. Sarmiento
Vice-Chairperson - Ward 1
VSarmiento@santa-ana.org
Michele Martinez
Authority Member - Ward 2
MMartinez@santa-ana.org
Angelica Amezcua
Authority Member - Ward 3
AAmezcua@santa-ana.org
P. David Benavides
Authority Member - Ward 4
DBenavides@santa-ana.org
Roman A. Reyna
Authority Member - Ward 5
RReyna@santa-ana.org
Sal Tinajero
Authority Member – Ward 6
STinajero@santa-ana.org
Authority Member telephone: 714-647-6900
Agenda item inquiries: 714-647-6520
Sonia R. Carvalho Kelly Reenders Maria D. Huizar
Authority General Counsel Executive Director Clerk of the Council
HOUSING AUTHORITY AGENDA 2 DECEMBER 15, 2015
Basic Housing Authority Meeting
Information
Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/
Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the
City and organization on a course that meets the challenges of today and tomorrow.
Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community
•Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services
Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic
environment, opportunities for our youth, and a high quality of life for residents.”
Guiding Principles
•Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency
Strategic Plan Goals/Objectives/Strategies:
Goal 1 - Community Safety
Goal 2 - Youth, Education, Recreation
Goal 3 - Economic Development
Goal 4 - City Financial Stability
Goal 5 - Community Health, Livability, Engagement & Sustainability
Goal 6 - Community Facilities & Infrastructure
Goal 7 - Team Santa Ana
*********
Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to
the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards,
commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s
webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect ·
Efficiency
Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the
Authority. The Authority is not limited in any way by the “Recommended Action” and may take any action which the Authority deems to
be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda.
Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Housing Authority and any
other legislative body scheduled to meet on same day and time on any and all matters within the City of Santa Ana's jurisdiction.
At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public
will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items
and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3)
minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be
submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will
be available at the meeting.
REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT
PERMISSION OF THE CHAIR. When speaking, all persons addressing the Legislative Body shall follow the rules of decorum as
detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of
the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.
Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Housing Authority and will be
enacted by one motion without discussion unless a member of the Authority “pulls” an item(s) from the consent calendar for a separate
vote.
Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Housing Authority
members regarding any item on this agenda will be made available for public inspection in the Clerk of the Council Office during normal
business hours.
Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the Office of the Clerk of the Council and are
available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays.
The Clerk’s office is located in City Hall, 20 Civic Center Plaza, Room 809, Santa Ana, California, (714)647-6520. Authority meeting
agendas, staff reports, and Minutes are available the Friday before an Authority meeting at the following website address: www.santa-
ana.org
Televised Meeting Schedule - All regular meetings will be televised and available for viewing on the City’s cable channel. Meetings held in
the Council Chamber or other designated locations which are televised live on CTV3 Time Warner Cable will be cablecast Mondays at
6:00 p.m., Tuesdays immediately following the meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at 1:00 p.m. Meetings
held in locations that do not have a live cable feed will be videotaped and shown on CTV3 the day after the meeting.
DVD copies of the meetings for loan will be available for public circulation at the Santa Ana Main Library the day after a meeting.
HOUSING AUTHORITY AGENDA 3 DECEMBER 15, 2015
CITY OF SANTA ANA
HOUSING AUTHORITY SPECIAL MEETING
DECEMBER 15, 2015
CALL TO ORDER CHAIRPERSON PULIDO
HOUSING AUTHORITY BOARD MEMBERS
SARMIENTO, AMEZCUA, BENAVIDES,
MARTINEZ, REYNA, TINAJERO
City Manager, Authority General Counsel, Recording
Secretary
PUBLIC COMMENT ON AGENDA ITEMS AND ITEMS OF PUBLIC INTEREST
(Refer to page 2 “Public Input” for description.)
RECOMMENDED ACTION : Approve staff recommendation on Consent Calendar
Items 1 through 2.
1. REGULAR MEETING MINUTES OF DECEMBER 1, 2015 {STRATEGIC PLAN NO. 5, 1}
RECOMMENDED ACTION: Approve Minutes.
2. EXCUSED ABSENCES
RECOMMENDED ACTION: Excuse Housing Authority Members absent.
*** END OF CONSENT CALENDAR ***
3. PROJECT-BASED VOUCHER AWARD FOR FLOWER TERRACE APARTMENTS
{STRATEGIC PLAN NO. 5}
RECOMMENDED ACTION S :
1. Approve the award of 57 project-based vouchers to Flower Terrace Apartments, a
senior-citizen complex, located at 1401 N Flower Street, Santa Ana, CA 92706.
2. Authorize the Executive Director of the Housing Authority to execute a Project-Based
Voucher Housing Assistance Payments Contract for up to 57 project-based vouchers.
CCOONNSSEENNTT CCAALLEENNDDAARR
BBUUSSIINNEESSSS CCAALLEENNDDAARR
HOUSING AUTHORITY AGENDA 4 DECEMBER 15, 2015
4. REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
{STRATEGIC PLAN NO. 5, 3}
RECOMMENDED ACTION: Authorize the release of a Request for Proposals on
December 16, 2015 to qualified owners and service providers for permanent supportive
housing projects with funding from the Project-Based Voucher Program.
5. SECTION 8 MANAGEMENT ASSESSMENT PROGRAM CERTIFICATION JULY 1, 2014 –
JUNE 30, 2015 {STRATEGIC PLAN NO. 5}
RECOMMENDED ACTION: Receive and file.
6. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2015-15- LOW AND MODERATE
INCOME HOUSING ASSET FUND {STRATEGIC PLAN NO. 5,1}
CITY COUNCIL ACTION
RECOMMENDED ACTION: Receive and file.
HOUSING AUTHORITY AGENCY ACTION
RECOMMENDED ACTION: Receive and file.
*** END OF BUSINESS CALENDAR ***
6. HOUSING AUTHORITY MEMBER COMMENTS
AT THIS TIME Housing Authority members may comment on non-agenda matters and ask
questions of or give directions to staff. NO action may be taken on non-agenda items unless
authorized by law.
ADJOURNMENT
CCOOMMMMEENNTTSS
HOUSING AUTHORITY MINUTES 1-1 DECEMBER 1, 2015
MINUTES OF THE REGULAR MEETING
OF THE HOUSING AUTHORITY MEETING
SANTA ANA, CALIFORNI A
DECEMBER 1, 2015
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
7:33 P.M.
ATTENDANCE AUTHORITY MEMBERS Present:
MIGUEL PULIDO, Chair
VINCENT F. SARMIENTO, Chair Pro Tem
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN REYNA
SAL TINAJERO
AUTHORITY MEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA CARVLHO, Authority Counsel
MARIA D. HUIZAR, Authority Secretary
PUBLIC COMMENTS - None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendation on Consent Calendar Items 1 and
2.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Benavides, Amezcua, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
HOUSING AUTHORITY MINUTES 1-2 DECEMBER 1, 2015
1.REGULAR MEETING MINUTES OF NOVEMBER 3, 2015 {STRATEGIC PLAN
NO. 5, 1}
MOTION: Approve Minutes.
2.EXCUSED ABSENCES - None
*** END OF CONSENT CALENDAR ***
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
3.AMENDMENT TO JOSEPH HOUSE LOAN AGREEMENT AND AFFORDABLE
HOUSING COVENANTS WITH MERCY HOUSE TRANSITIONAL LIVING
CENTERS {STRATEGIC PLAN NO. 5, 3}
MOTION: Authorize the Executive Director of the Housing Authority to
execute an amendment to Joseph House loan agreement and affordable
housing covenants with Mercy House Transitional Living Centers to include
both transitional housing and permanent housing with supportive services
for the Joseph House Project located at 210 E. 16th Street, subject to non-
substantiative changes approved by the Executive Director and the Housing
Authority General Council.
MOTION: Tinajero SECOND: Amezcua
VOTE:AYES: Benavides, Amezcua, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COMMENTS
4.HOUSING AUTHORITY MEMBER COMMENTS – None
ADJOURNMENT - 7:17 P.M.
Maria D. Huizar,
Recording Secretary
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EXHIBIT 1
PROPOSED PROJECT LOCATION
1401 NORTH FLOWER STREET
PROJECTSITE
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Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 1 -
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(04/2015)
1. CONTRACT INFORMATION
a. Parties
This housing assistance payments (HAP) contract is entered into between:
____________________________________________________ ( PHA) and
____________________________________________________ (owner).
b. Contents of contract
The HAP contract consists of Part 1, Part 2 and the contract exhibits listed in paragraph c.
c. Contract exhibits
The HAP contract includes the following exhibits:
EXHIBIT A: TOTAL NUMBER OF UNITS IN PROJECT COVERED BY THIS HAP
CONTRACT; INITIAL RENT TO OWNER; AND THE NUMBER AND
DESCRIPTION OF THE CONTRACT UNITS. (See 24 CFR 983.203 for
required items.)
U.S. Department Of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
PBV HOUSING ASSISTANCE PAYMENTS CONTRACT
EXISTING HOUSING
PART 1 OF HAP CONTRACT
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EXHIBIT B: SERVICES, MAINTENANCE AND EQUIPMENT TO BE
PROVIDED BY THE OWNER WITHOUT CHARGES IN ADDITION
TO RENT TO OWNER
EXHIBIT C: UTILITIES AVAILABLE IN THE CONTRACT UNITS, INCLUDING
A LISTING OF UTILITIY SERVICES TO BE PAID BY THE OWNER
(WITHOUT CHARGES IN ADDITION TO RENT TO OWNER) AND
UTILITIES TO BE PAID BY THE TENANTS
EXHIBIT D: FEATURES PROVIDED TO COMPLY WITH PROGRAM
ACCESSIBILITY FEATURES OF SECTION 504 OF THE
REHABILITATION ACT OF 1973
ADDITIONAL EXHIBITS
d. Effective date and term of HAP contract
1. Effective date
a. The PHA may not enter into a HAP contract for any contract unit until the PHA
has determined that the unit complies with the housing quality standards.
b For all contract units, the effective date of the HAP contract is:
________________________________.
c The term of the HAP contract begins on the effective date.
2. Length of initial term
a. Subject to paragraph 2.b, the initial term of the HAP contract for all contract units
is: ____________________________.
b. The initial term of the HAP contract may not be less than one year, nor more than
fifteen years.
3. Extension of term
The PHA and owner may agree to enter into an extension of the HAP contract at
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the time of initial HAP contract execution or any time prior to expiration of the
contract. Any extension, including the term of such extension, must be in
accordance with HUD requirements. A PHA must determine that any extension
is appropriate to achieve long-term affordability of the housing or expand
housing opportunities.
4. Requirement for sufficient appropriated funding
a. The length of the initial term and any extension term shall be subject to
availability, as determined by HUD, or by the PHA in accordance with HUD
requirements, of sufficient appropriated funding (budget authority), as provided in
appropriations acts and in the PHA's annual contributions contract (ACC) with
HUD, to make full payment of housing assistance payments due to the owner for
any contract year in accordance with the HAP contract.
b. The availability of sufficient funding must be determined by HUD or by the PHA
in accordance with HUD requirements. If it is determined that there may not be
sufficient funding to continue housing assistance payments for all contract units
and for the full term of the HAP contract, the PHA has the right to terminate the
HAP contract by notice to the owner for all or any of the contract units. Such
action by the PHA shall be implemented in accordance with HUD requirements.
e. Occupancy and payment
1. Payment for occupied unit
During the term of the HAP contract, the PHA shall make housing assistance
payments to the owner for the months during which a contract unit is leased to
and occupied by an eligible family. If an assisted family moves out of a contract
unit, the owner may keep the housing assistance payment for the calendar month
when the family moves out (“move-out month”). However, the owner may not
keep the payment if the PHA determines that the vacancy is the owner’s fault.
2. Vacancy payment
THE PHA HAS DISCRETION WHETHER TO INCLUDE THE VACANCY
PAYMENT PROVISION (PARAGRAPH e.2), OR TO STRIKE THIS PROVISION
FROM THE HAP CONTRACT FORM.
a. If an assisted family moves out of a contract unit, the PHA may provide vacancy
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payments to the owner for a PHA-determined vacancy period extending from the
beginning of the first calendar month after the move-out month for a period not
exceeding two full months following the move-out month.
b. The vacancy payment to the owner for each month of the maximum two-month
period will be determined by the PHA, and cannot exceed the monthly rent to
owner under the assisted lease, minus any portion of the rental payment received
by the owner (including amounts available from the tenant’s security deposit).
Any vacancy payment may only cover the period the unit remains vacant.
c. The PHA may only make vacancy payments to the owner if:
1. The owner gives the PHA prompt, written notice certifying that the family
has vacated the unit and the date when the family moved out (to the best
of the owner’s knowledge and belief);
2. The owner certifies that the vacancy is not the fault of the owner and that
the unit was vacant during the period for which payment is claimed;
3. The owner certifies that it has taken every reasonable action to minimize
the likelihood and length of vacancy; and
4. The owner provides any additional information required and requested by
the PHA to verify that the owner is entitled to the vacancy payment.
d. The PHA must take every reasonable action to minimize the likelihood and length
of vacancy.
e. The owner may refer families to the PHA, and recommend selection of such
families from the PHA waiting list for occupancy of vacant units.
f. The owner must submit a request for vacancy payments in the form and manner
required by the PHA and must provide any information or substantiation required
by the PHA to determine the amount of any vacancy payments.
3. PHA is not responsible for family damage or debt to owner
Except as provided in this paragraph e (Occupancy and Payment), the PHA will
not make any other payment to the owner under the HAP contract. The PHA will
not make any payment to owner for any damages to the unit, or for any other
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amounts owed by a family under the family's lease.
f. Income-mix ing requirement
1. Except as provided in paragraphs f.2 and 3, the PHA will not make housing
assistance payments under the HAP contract for more than 25 percent of the total
number of dwelling units (assisted or unassisted) in any project. The term
“project” means a single building, multiple contiguous buildings, or multiple
buildings on contiguous parcels of land assisted under this HAP contract.
2. The limitation in paragraph f.1 does not apply to single-family buildings.
3. In referring eligible families to the owner for admission to the number of contract
units in any project exceeding the 25 percent limitation under paragraph f.1, the
PHA shall give preference to elderly or disabled families, or to families receiving
supportive services, for the number of contract units designated for occupancy by
such families. The owner shall rent the designated number of contract units to
such families referred by the PHA from the PHA waiting list.
4. The PHA and owner must comply with all HUD requirements regarding income
mixing.
5. The following specifies the number of contract units (if any):
a. Designated for occupancy by disabled families;
b Designated for occupancy by elderly families;
c. Designated for occupancy by elderly or disabled families; or
d. Designated for occupancy by families receiving supportive services.
□ Check this box if any contract units are designated for disabled families.
The following number of contract units shall be rented to disabled
families: ___________________________________________.
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□ Check this box if any contract units are designated for elderly families.
The following number of contract units shall be rented to elderly families:
___________________________________________.
□ Check this box if any contract units are designated for elderly or disabled
families.
The following number of contract units shall be rented to elderly or disabled
families:
___________________________________________.
□ Check this box if any contract units are designated for families receiving
supportive services.
The following number of contract units shall be rented to families
receiving supportive services: _____________________________.
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EXECUTION OF HAP CONTRACT FOR EXISTING HOUSING
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:
Signature of authorized representative
Name and title (Print)
Date
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Project-based Voucher Program
HAP Contract for Existing Housing
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HUD 52530B Page - 1 -
of Part 2
(04/2015)
2. DEFINITIONS
Contract units. The housing units covered by this HAP contract. The contract units are
described in Exhibit A.
Existing housing. Housing units that already exist on the proposal selection date and
that substantially comply with the housing quality standards on that date. The units must
fully comply with the housing quality standards before execution of the HAP contract.
Family. The persons approved by the PHA to reside in a contract unit with assistance
under the program.
HAP contract. This housing assistance payments contract between the PHA and the
owner. The contract consists of Part 1, Part 2, and the contract exhibits (listed in section
1.c of the HAP contract).
Housing assistance payment. The monthly assistance payment by the PHA for a
contract unit, which includes: (1) a payment to the owner for rent to the owner under the
family’s lease minus the tenant rent; and (2) an additional payment to or on behalf of the
family if the utility allowance exceeds total tenant payment.
Household. The family and any PHA-approved live-in aide.
Housing quality standards (HQS). The HUD minimum quality standards for dwelling
units occupied by families receiving project-based voucher program assistance.
U.S. Department Of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
PBV HOUSING ASSISTANCE PAYMENTS CONTRACT
EXISTING HOUSING
PART 2 OF HAP CONTRACT
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HUD. U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements which apply to the project-based voucher
program. HUD requirements are issued by HUD headquarters, as regulations, Federal
Register notices or other binding program directives.
Owner. Any person or entity who has the legal right to lease or sublease a unit to a
participant.
Premises. The building or complex in which a contract unit is located, including
common areas or grounds.
Principal or interested party. This term includes a management agent and other persons
or entities participating in project management, and the officers and principal members,
shareholders, investors, and other parties having a substantial interest in the HAP
contract, or in any proceeds or benefits arising from the HAP contract.
Program. The project-based voucher program (see authorization for project-based
assistance at 42 U.S.C. 1437f(o)(13)).
PHA. Public Housing Agency. The agency that has entered into the HAP contract with
the owner. The agency is a public housing agency as defined in the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
Proposal selection date. The date the PHA gives written notice of proposal selection to
the owner whose proposal is selected in accordance with the criteria established in the
PHA’s administrative plan.
Rent to owner. The total monthly rent payable to the owner under the lease for a
contract unit. Rent to owner includes payment for any housing services, maintenance and
utilities to be provided by the owner in accordance with the lease.
Tenant. The person or persons (other than a live-in aide) who executes the lease as a
lessee of the dwelling unit.
Tenant rent. The portion of the rent to owner payable by the family, as determined by
the PHA in accordance with HUD requirements. The PHA is not responsible for paying
any part of the tenant rent.
3. PURPOSE
a. This is a HAP contract between the PHA and the owner.
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b. The purpose of the HAP contract is to provide housing assistance payments for
eligible families who lease contract units that comply with the HUD HQS from
the owner.
c. The PHA must make housing assistance payments to the owner in accordance
with the HAP contract for contract units leased and occupied by eligible families
during the HAP contract term. HUD provides funds to the PHA to make housing
assistance payments to owners for eligible families.
4. RENT TO OWNER; HOUSING ASSISTANCE PAYMENTS
a. Amount of initial rent to owner
The initial rent to owner for each contract unit is stated in Exhibit A, which is
attached to and made a part of the HAP contract. At the beginning of the HAP
contract term, and until rent to owner is adjusted in accordance with section 5 of
the HAP contract, the rent to owner for each bedroom size (number of bedrooms)
shall be the initial rent to owner amount listed in Exhibit A.
b. HUD rent requirements
Notwithstanding any other provision of the HAP contract, the rent to owner may
in no event exceed the amount authorized in accordance with HUD requirements.
The PHA has the right to reduce the rent to owner, at any time, to correct any
errors in establishing or adjusting the rent to owner in accordance with HUD
requirements. The PHA may recover any overpayment from the owner.
c. PHA payment to owner
1. Each month the PHA must make a housing assistance payment to the
owner for a unit under lease to and occupied by an eligible family in
accordance with the HAP contract.
2. The monthly housing assistance payment to the owner for a contract unit
is equal to the amount by which the rent to owner exceeds the tenant rent.
3. Payment of the tenant rent is the responsibility of the family. The PHA is
not responsible for paying any part of the tenant rent, or for paying any
other claim by the owner against a family. The PHA is only responsible
for making housing assistance payments to the owner on behalf of a
family in accordance with the HAP contract.
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4. The owner will be paid the housing assistance payment under the HAP
contract on or about the first day of the month for which payment is due,
unless the owner and the PHA agree on a later date.
5. To receive housing assistance payments in accordance with the HAP
contract, the owner must comply with all the provisions of the HAP
contract. Unless the owner complies with all the provisions of the HAP
contract, the owner does not have a right to receive housing assistance
payments.
6. If the PHA determines that the owner is not entitled to the payment or any
part of it, the PHA, in addition to other remedies, may deduct the amount
of the overpayment from any amounts due the owner, including amounts
due under any other housing assistance payments contract.
7. The owner will notify the PHA promptly of any change of circumstances
that would affect the amount of the monthly housing assistance payment,
and will return any payment that does not conform to the changed
circumstances.
d. Termination of assistance for family
The PHA may terminate housing assistance for a family under the HAP contract
in accordance with HUD requirements. The PHA must notify the owner in writing
of its decision to terminate housing assistance for the family in such case.
5. ADJUSTMENT OF RENT TO OWNER
a. PHA determination of adjusted rent
1. At each annual anniversary during the term of the HAP contract, the PHA
shall adjust the amount of rent to owner, upon request to the PHA by the
owner, in accordance with law and HUD requirements. In addition, the
PHA shall adjust the rent to owner when there is a five percent or greater
decrease in the published, applicable Fair Market Rent in accordance with
24 CFR 983.302.
2. The adjustment of rent to owner shall always be determined in accordance
with all HUD requirements. The amount of the rent to owner may be
adjusted up or down, in the amount defined by the PHA in accordance
with HUD requirements.
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b. Reasonable rent
The rent to owner for each contract unit, as adjusted by the PHA in accordance
with 24 CFR 983.303, may at no time exceed the reasonable rent charged for
comparable units in the private unassisted market. The reasonable rent shall be
determined by the PHA in accordance with HUD requirements.
c. No special adjustments
The PHA will not make any special adjustments of the rent to owner.
d. Owner compliance with HAP contract
The PHA shall not approve, and the owner shall not receive, any increase of rent
to owner unless all contract units are in accordance with the HQS, and the owner
has complied with the terms of the assisted leases and the HAP contract.
e. Notice of rent adjustment
Rent to owner shall be adjusted by written notice by the PHA to the owner in
accordance with this section. Such notice constitutes an amendment of the rents
specified in Exhibit A.
6. OWNER RESPONSIBILITY
The owner is responsible for:
a. Performing all management and rental functions for the contract units.
b. Maintaining the units in accordance with HQS.
c. Complying with equal opportunity requirements.
d. Enforcing tenant obligations under the lease.
e. Paying for utilities and housing services (unless paid by the family under the
lease).
f. Collecting from the tenant:
1. Any security deposit;
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2. The tenant rent; and
3. Any charge for unit damage by the family.
7. OWNER CERTIFICATION
The owner certifies that at all times during the term of the HAP contract:
a. All contract units are in good and tenantable condition. The owner is maintaining
the premises and all contract units in accordance with the HQS.
b. The owner is providing all the services, maintenance and utilities as agreed to
under the HAP contract and the leases with assisted families.
c. Each contract unit for which the owner is receiving housing assistance payments
is leased to an eligible family referred by the PHA, and the lease is in accordance
with the HAP contract and HUD requirements.
d. To the best of the owner’s knowledge, the members of the family reside in each
contract unit for which the owner is receiving housing assistance payments, and
the unit is the family’s only residence.
e. The owner (including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of a family residing in a
contract unit.
f. The amount of the housing assistance payment is the correct amount due under
the HAP contract.
g. The rent to owner for each contract unit does not exceed rents charged by the
owner for other comparable unassisted units.
h. Except for the housing assistance payment and the tenant rent as provided under
the HAP contract, the owner has not received and will not receive any payments
or other consideration (from the family, the PHA, HUD, or any other public or
private source) for rental of the contract unit.
i. The family does not own, or have any interest in the contract unit. If the owner is
a cooperative, the family may be a member of the cooperative.
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8. CONDITION OF UNITS
a. Owner maintenance and operation
The owner must maintain and operate the contract units and premises to provide
decent, safe and sanitary housing in accordance with the HQS, including
performance of ordinary and extraordinary maintenance. The owner must provide
all the services, maintenance and utilities set forth in Exhibits B and C, and in the
lease with each assisted family.
b. PHA inspections
1. The PHA must inspect each contract unit before execution of the HAP
contract. The PHA may not enter into a HAP contract covering a unit
until the unit fully complies with the HQS.
2. Before providing assistance to a new family in a contract unit, the PHA
must inspect the unit. The PHA may not provide assistance on behalf of
the family until the unit fully complies with the HQS.
3. At least annually during the term of the HAP contract, the PHA must
inspect a random sample, consisting of at least 20 percent of the contract
units in each building, to determine if the contract units and the premises
are maintained in accordance with the HQS. Turnover inspections
pursuant to paragraph 2 of this section are not counted towards meeting
this annual inspection requirement.
4. If more than 20 percent of the annual sample of inspected contract units in
a building fail the initial inspection, the PHA must reinspect 100 percent
of the contract units in the building.
5. The PHA must inspect contract units whenever needed to determine that
the contract units comply with the HQS and that the owner is providing
maintenance, utilities, and other services in accordance with the HAP
contract. The PHA must take into account complaints and any other
information that comes to its attention in scheduling inspections.
c. Violation of the housing quality standards
1. If the PHA determines a contract unit is not in accordance with the HQS,
the PHA may exercise any of its remedies under the HAP contract for all
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or any contract units. Such remedies include termination, suspension or
reduction of housing assistance payments, and termination of the HAP
contract.
2. The PHA may exercise any such contractual remedy respecting a contract
unit even if the family continues to occupy the unit.
3. The PHA shall not make any housing assistance for a dwelling unit that
fails to meet the HQS, unless the owner corrects the defect within the
period specified by the PHA and the PHA verifies the correction. If a
defect is life threatening, the owner must correct the defect within no more
than 24 hours. For other defects, the owner must correct the defect within
no more than 30 calendar days (or any PHA-approved extension).
d. Maintenance and replacement—owner’s standard practice
Maintenance and replacement (including redecoration) must be in accordance
with the standard practice for the building concerned as established by the owner.
9. LEASING CONTRACT UNITS
a. Selection of tenants
1. During the term of the HAP contract, the owner must lease all contract
units to eligible families selected and referred by the PHA from the PHA
waiting list. (See 24 CFR 983.251.)
2. The owner is responsible for adopting written tenant selection procedures
that are consistent with the purpose of improving housing opportunities for
very low-income families and reasonably related to program eligibility
and an applicant’s ability to perform the lease obligations.
3. Consistent with HUD requirements, the owner may apply its own
admission procedures in determining whether to admit a family referred
by the PHA for occupancy of a contract unit. The owner may refer
families to the PHA, and recommend selection of such families from the
PHA waiting list for occupancy of vacant units.
4. The owner must promptly notify in writing any rejected applicant of the
grounds for rejection.
5. The PHA must determine family eligibility in accordance with HUD
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requirements.
6. The contract unit leased to each family must be appropriate for the size of
the family under the PHA’s subsidy standards.
7. If a contract unit was occupied by an eligible family at the time the unit
was selected by the PHA, or is so occupied on the effective date of the
HAP contract, the owner must offer the family the opportunity to lease the
same or another appropriately-sized contract unit with assistance under the
HAP contract.
8. The owner is responsible for screening and selecting tenants from the
families referred by the PHA from its waiting list.
b. Vacancies
1. The owner must promptly notify the PHA of any vacancy in a contract
unit. After receiving the owner notice, the PHA shall make every
reasonable effort to refer a sufficient number of families for owner to fill
the vacancy.
2. The owner must rent vacant contract units to eligible families on the PHA
waiting list referred by the PHA.
3. The PHA and the owner must make reasonable good faith efforts to
minimize the likelihood and length of any vacancy.
4. If any contract units have been vacant for a period of 120 or more days
since owner notice of vacancy (and notwithstanding the reasonable good
faith efforts of the PHA to fill such vacancies), the PHA may give notice
to the owner amending the HAP contract to reduce the number of contract
units by subtracting the number of contract units (by number of bedrooms)
that have been vacant for such period.
10. TENANCY
a. Lease
The lease between the owner and each assisted family must be in accordance with
HUD requirements. In all cases, the lease must include the HUD-required tenancy
addendum. The tenancy addendum must include, word-for-word, all provisions
required by HUD.
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b. Termination of tenancy
1. The owner may only terminate a tenancy in accordance with the lease and
HUD requirements.
2. The owner must give the PHA a copy of any owner eviction notice to the
tenant at the same time that the owner gives notice to the tenant. Owner
eviction notice means a notice to vacate, or a complaint or other initial
pleading used to commence an eviction action under State or local law.
c. Family payment
1. The portion of the monthly rent to owner payable by the family (“tenant
rent”) will be determined by the PHA in accordance with HUD
requirements. The amount of the tenant rent is subject to change during
the term of the HAP contract. Any changes in the amount of the tenant
rent will be effective on the date stated in a notice by the PHA to the
family and the owner.
2. The amount of the tenant rent as determined by the PHA is the maximum
amount the owner may charge the family for rent of a contract unit,
including all housing services, maintenance and utilities to be provided by
the owner in accordance with the HAP contract and the lease.
3. The owner may not demand or accept any rent payment from the tenant in
excess of the tenant rent as determined by the PHA. The owner must
immediately return any excess rent payment to the tenant.
4. The family is not responsible for payment of the portion of the contract
rent covered by the housing assistance payment under the HAP contract.
The owner may not terminate the tenancy of an assisted family for
nonpayment of the PHA housing assistance payment.
5. The PHA is only responsible for making the housing assistance payments
to the owner on behalf of the family in accordance with the HAP contract.
The PHA is not responsible for paying the tenant rent, or any other claim
by the owner.
d. Other owner charges
1. Except as provided in paragraph 2, the owner may not require the tenant or
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family members to pay charges for meals or supportive services.
Nonpayment of such charges is not grounds for termination of tenancy.
2. In assisted living developments receiving project-based voucher
assistance, owners may charge tenants, family members, or both for meals
or supportive services. These charges may not be included in the rent to
owner, nor may the value of meals and supportive services be included in
the calculation of reasonable rent. Non-payment of such charges is
grounds for termination of the lease by the owner in an assisted living
development.
3. The owner may not charge the tenant or family members extra amounts
for items customarily included in rent in the locality or provided at no
additional cost to the unsubsidized tenant in the premises.
e. Security deposit
1. The owner may collect a security deposit from the family.
2. The owner must comply with HUD and PHA requirements, which may
change from time to time, regarding security deposits from a tenant.
3. The PHA may prohibit security deposits in excess of private market
practice, or in excess of amounts charged by the owner to unassisted
families.
4. When the family moves out of the contract unit, the owner, subject to
State and local law, may use the security deposit, including any interest on
the deposit, in accordance with the lease, as reimbursement for any unpaid
tenant rent, damages to the unit or other amounts which the family owes
under the lease. The owner must give the family a written list of all items
charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the owner, the owner must
promptly refund the full amount of the balance to the family.
5. If the security deposit is not sufficient to cover amounts the family owes
under the lease, the owner may seek to collect the balance from the family.
However, the PHA has no liability or responsibility for payment of any
amount owed by the family to the owner.
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11. FAMILY RIGHT TO MOVE
a. The family may terminate its lease at any time after the first year of occupancy.
The family must give the owner advance written notice of intent to vacate (with
a copy to the PHA) in accordance with the lease. If the family has elected to
terminate the lease in this manner, the PHA must offer the family the
opportunity for tenant-based rental assistance in accordance with HUD
requirements.
b. Before providing notice to terminate the lease under paragraph a, the family
must first contact the PHA to request tenant-based rental assistance if the family
wishes to move with continued assistance. If tenant-based rental assistance is
not immediately available upon lease termination, the PHA shall give the family
priority to receive the next available opportunity for tenant-based rental
assistance.
12. OVERCROWDED, UNDER-OCCUPIED, AND ACCESSIBLE UNITS
The PHA subsidy standards determine the appropriate unit size for the family size and
composition. The PHA and owner must comply with the requirements in 24 CFR
983.259.
13. PROHIBITION OF DISCRIMINATION
a. The owner may not refuse to lease contract units to, or otherwise discriminate
against any person or family in leasing of a contract unit, because of race, color,
religion, sex, national origin, disability, age or familial status.
b. The owner must comply with the following requirements: The Fair Housing Act
(42 U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq. ;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959–
1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in
Housing Programs) and implementing regulations at 24 CFR part 107; title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the
Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing
regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at part 8 of this title; title II of the
Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ; 24 CFR part 8; section
3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and
implementing regulations at 24 CFR part 135; Executive Order 11246, as
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amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–
1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970
Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264,
respectively) (Equal Employment Opportunity Programs) and implementing
regulations at 41 CFR chapter 60; Executive Order 11625, as amended by
Executive Order 12007 (3 CFR, 1971–1975 Comp., p. 616 and 3 CFR, 1977
Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR,
1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive
Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393
and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise).
c. The PHA and the owner must cooperate with HUD in the conducting of
compliance reviews and complaint investigations pursuant to all applicable civil
rights statutes, Executive Orders, and all related rules and regulations.
14. PHA DEFAULT AND HUD REMEDIES
If HUD determines that the PHA has failed to comply with the HAP contract, or has
failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for
enforcement of the PHA’s rights under the HAP contract, HUD may assume the PHA’s
rights and obligations under the HAP contract, and may perform the obligations and
enforce the rights of the PHA under the HAP contract.
15. OWNER DEFAULT AND PHA REMEDIES
a. Owner default
Any of the following is a default by the owner under the HAP contract:
1. The owner has failed to comply with any obligation under the HAP
contract, including the owner’s obligations to maintain all contract units in
accordance with the housing quality standards.
2. The owner has violated any obligation under any other housing assistance
payments contract under Section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
3. The owner has committed any fraud or made any false statement to the
PHA or HUD in connection with the HAP contract.
4. The owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal housing assistance program.
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5. If the property where the contract units are located is subject to a lien or
security interest securing a HUD loan or a mortgage insured by HUD and:
A. The owner has failed to comply with the regulations for the
applicable mortgage insurance or loan program, with the mortgage
or mortgage note, or with the regulatory agreement; or
B. The owner has committed fraud, bribery or any other corrupt or
criminal act in connection with the HUD loan or HUD-insured
mortgage.
6. The owner has engaged in any drug-related criminal activity or any violent
criminal activity.
b. PHA remedies
1. If the PHA determines that a breach has occurred, the PHA may exercise
any of its rights or remedies under the HAP contract.
2. The PHA must notify the owner in writing of such determination. The
notice by the PHA to the owner may require the owner to take corrective
action (as verified by the PHA) by a time prescribed in the notice.
3. The PHA’s rights and remedies under the HAP contract include recovery
of overpayments, termination or reduction of housing assistance payments,
and termination of the HAP contract.
c. PHA remedy is not waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the HAP
contract is not a waiver of the right to exercise that remedy or any other right or
remedy at any time.
16. OWNER DUTY TO PROVIDE INFORMATION AND ACCESS REQUIRED BY HUD OR PHA
a. Required information
The owner must prepare and furnish any information pertinent to the HAP
contract as may reasonably be required from time to time by the PHA or HUD.
The owner shall furnish such information in the form and manner required by the
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PHA or HUD.
b. PHA and HUD access to premises
The owner must permit the PHA or HUD or any of their authorized
representatives to have access to the premises during normal business hours and,
for the purpose of audit and examination, to have access to any books, documents,
papers and records of the owner to the extent necessary to determine compliance
with the HAP contract, including the verification of information pertinent to the
housing assistance payments or the HAP contract.
17. PHA AND OWNER RELATION TO THIRD PARTIES
a. Injury because of owner action or failure to act
The PHA has no responsibility for or liability to any person injured as a result of
the owner’s action or failure to act in connection with the implementation of the
HAP contract, or as a result of any other action or failure to act by the owner.
b. Legal relationship
The owner is not the agent of the PHA. The HAP contract does not create or
affect any relationship between the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors used by the owner in
connection with the implementation of the HAP contract.
c. Exclusion of third party claims
Nothing in the HAP contract shall be construed as creating any right of a family
or other third party (other than HUD) to enforce any provision of the HAP
contract, or to assert any claim against HUD, the PHA or the owner under the
HAP contract.
d. Exclusion of owner claims against HUD
Nothing in the HAP contract shall be construed as creating any right of the owner
to assert any claim against HUD.
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18. PHA-OWNED UNITS
Notwithstanding Section 17 of this HAP contract, a PHA may own units assisted under
the project-based voucher program, subject to the special requirements in 24 CFR 983.59
regarding PHA-owned units.
19. CONFLICT OF INTEREST
a. Interest of members, officers, or employees of PHA, members of local
governing body, or other public officials
1. No present or former member or officer of the PHA (except tenant-
commissioners), no employee of the PHA who formulates policy or
influences decisions with respect to the housing choice voucher program
or project-based voucher program, and no public official or member of a
governing body or State or local legislator who exercises functions or
responsibilities with respect to these programs, shall have any direct or
indirect interest, during his or her tenure or for one year thereafter, or in
the HAP contract.
2. HUD may waive this provision for good cause.
b. Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the
HAP contract. The owner must fully and promptly update such disclosures.
c. Interest of member of or delegate to Congress
No member of or delegate to the Congress of the United States of America or
resident-commissioner shall be admitted to any share or part of this HAP Contract
or to any benefits arising from the contract.
20. EXCLUSION FROM FEDERAL PROGRAMS
a. Federal requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
b. Disclosure
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The owner certifies that:
1. The owner has disclosed to the PHA the identity of the owner and any
principal or interested party.
2. Neither the owner nor any principal or interested party is listed on the U.S.
General Services Administration list of parties excluded from Federal
procurement and nonprocurement programs; and none of such parties are
debarred, suspended, subject to a limited denial of participation or
otherwise excluded under 2 CFR part 2424.
21. TRANSFER OF THE CONTRACT OR PROPERTY
a. When consent is required
1. The owner agrees that neither the HAP contract nor the property may be
transferred without the advance written consent of the PHA in accordance
with HUD requirements.
2. “Transfer” includes:
A. Any sale or assignment or other transfer of ownership, in any form,
of the HAP contract or the property;
B. The transfer of any right to receive housing assistance payments
that may be payable pursuant to the HAP contract;
C. The creation of a security interest in the HAP contract or the
property;
D. Foreclosure or other execution on a security interest; or
E. A creditor’s lien, or transfer in bankruptcy.
3. If the owner is a corporation, partnership, trust or joint venture, the owner is not
required to obtain advance consent of the PHA pursuant to paragraph a for
transfer of a passive and non-controlling interest in the ownership entity (such as
a stock transfer or transfer of the interest of a limited partner), if any interests so
transferred cumulatively represent less than half the beneficial interest in the HAP
contract or the property. The owner must obtain advance consent pursuant to
paragraph a for transfer of any interest of a general partner.
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b Transferee assumption of HAP contract
No transferee (including the holder of a security interest, the security holder’s
transferee or successor in interest, or the transferee upon exercise of a security
interest) shall have any right to receive any payment of housing assistance
payments pursuant to the HAP contract, or to exercise any rights or remedies
under the HAP contract, unless the PHA has consented in advance, in writing to
such transfer, and the transferee has agreed in writing, in a form acceptable to the
PHA in accordance with HUD requirements, to assume the obligations of the
owner under the HAP contract, and to comply with all the terms of the HAP
contract.
c. Effect of consent to transfer
1. The creation or transfer of any security interest in the HAP contract is
limited to amounts payable under the HAP contract in accordance with the
terms of the HAP contract.
2. The PHA’s consent to transfer of the HAP contract or the property does
not to change the terms of the HAP contract in any way, and does not
change the rights or obligations of the PHA or the owner under the HAP
contract.
3. The PHA’s consent to transfer of the HAP contract or the property to any
transferee does not constitute consent to any further transfers of the HAP
contract or the property, including further transfers to any successors or
assigns of an approved transferee.
d. When transfer is prohibited
The PHA will not consent to the transfer if any transferee, or any principal or
interested party is debarred, suspended subject to a limited denial of
participation, or otherwise excluded under 2 CFR part 2424, or is listed on the
U.S. General Services Administration list of parties excluded from Federal
procurement or nonprocurement programs.
22. SUBSI DY LAYERING
A subsidy layering review is not required for existing housing projects.
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23. OWNER LOBBYING CERTIFICATIONS
a. The owner certifies, to the best of owner’s knowledge and belief, that:
1. No Federally appropriated funds have been paid or will be paid, by or on
behalf of the owner, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of the HAP contract, or the
extension, continuation, renewal, amendment, or modification of the HAP
contract.
2. If any funds other than Federally appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the HAP contract, the owner must complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
b. This certification by the owner is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352.
24. TERMINATION OF HAP CONTRACT FOR WRONGFUL SELECTION
OF CONTRACT UNITS
The HAP contract may be terminated upon at least 30 days notice to the owner by the
PHA or HUD if the PHA or HUD determines that the contract units were not eligible for
selection in conformity with HUD requirements.
25. NOTICES AND OWNER CERTIFICATIONS
a. Where the owner is required to give any notice to the PHA pursuant to the HAP
contract or any other provision of law, such notice must be in writing and must be
given in the form and manner required by the PHA.
b. Any certification or warranty by the owner pursuant to the HAP contract shall be
deemed a material representation of fact upon which reliance was placed when
this transaction was made or entered into.
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26. ENTIRE AGREEMENT; INTERPRETATION
a. The HAP contract, including the exhibits, is the entire agreement between the
PHA and the owner.
b. The HAP contract must be interpreted and implemented in accordance with all
statutory requirements, and with all HUD requirements, including amendments or
changes in HUD requirements during the term of the HAP contract. The owner
agrees to comply with all such laws and HUD requirements.
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Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
REQUEST FOR PROPOSALS
RFP# 15-129
PERMANENT SUPPORTIVE HOUSING
Santa Ana Housing Authority
20 Civic Center Plaza
Santa Ana, CA 92701
Judson Brown
Housing Division Manager
(714) 667-2241 Office
JBrown@santa-ana.org
KEY RFP DATES:
Issue Date: Wednesday, December 16, 2015
Deadline to Submit Questions: Friday, January 8, 2016 at 5:00 p.m.
Response Posted on City Website: Thursday, January 14, 2016 at 5:00 p.m.
Proposal Due Date (First Round): Thursday, January 28, 2016 at 12:00 p.m.
Second Round Proposal Due Date (Remaining Funds) Tentative, February 29, 2016 at 12:00 p.m.
4-3
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Request for Proposals for Permanent Supportive Housing
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified owners and service providers for permanent
supportive housing. Responses to this Request for Proposals will be accepted until Thursday, January 28, 2016 at
12:00p.m. Proposals for available funds not awarded through the first round (if any) will be accepted until February
29, 2016 at 12:00p.m. If further information is needed regarding this Request for Proposals, contact Judson Brown,
Housing Division Manager at (714) 667-2241 or JBrown@santa-ana.org.
MAILED, DELIVERED BY HAND, OR COURIERED proposals will be accepted as follows:
Santa Ana Housing Authority
Judson Brown, Housing Division Manager
Community Development Agency
20 Civic Center Plaza, Sixth Floor
Santa Ana, CA 92701
It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be
received by the Santa Ana Housing Authority prior to the proposal due date and time. Questions regarding the
Request for Proposals shall be made in writing via e-mail to Judson Brown at JBrown@santa-ana.org.
The time the proposal is received in the Community Development Agency, 20 Civic Center Plaza, Sixth Floor, Santa
Ana, CA 92701 will be the governing time for acceptance of proposals. Late proposals will NOT be considered and
will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will NOT be accepted.
ONLY SEALED RFP RESPONSES ARE ACCEPTABLE.
DO NOT E-MAIL RFP RESPONSES.
DO NOT FAX RFP RESPONSES.
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SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING (RFP)
PAGE
I. INTRODUCTION 3
II. SCOPE OF WORK/SERVICES 3
III. GENERAL INFORMATION 4
IV. COORDINATION 4
V. OWNER RESPONSIBILITIES 4
VI. RULES FOR PROPOSALS 4
VII. PRE-PROPOSAL MEETING 5
VIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 5
IX. ADDENDA 5
X. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 5
XI. MINIMUM QUALIFICATIONS 5
XII. SUBMITTAL REQUIREMENTS 5
XIII. OWNER SELECTION – PROPOSAL AND EVALUATION 7
XIV. PUBLIC RECORDS 7
EXHIBIT A SCOPE OF SERVICES 8
EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 14
EXHIBIT C PROPOSER’S STATEMENT: PROPOSAL AND CONTRACT AGREEMENT 15
EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT – CERTIFICATION OF NONDISCRIMINATION 16
EXHIBIT E NON-COLLUSION AFFIDAVIT 18
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SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING (RFP)
I. INTRODUCTION
The Santa Ana Housing Authority (SAHA) is issuing this Request for Proposals (RFP) for permanent supportive
housing within the City. Proposed developments are limited to existing multifamily rental units. The maximum
funding available will be 100 Project-Based Vouchers (PBV) from the Santa Ana Housing Authority.
Permanent Supportive Housing is defined as permanent housing with comprehensive supportive services for
people who are chronically homeless with disabilities or other substantial barriers to housing stability. Through
this RFP, the Santa Ana Housing Authority will be awarding up to 100 Project-Based Vouchers for Permanent
Supportive Housing. Applications for this RFP must: (1) be for units located in the City of Santa Ana; (2) request a
minimum of ten (10) PBVs; and (3) propose to only serve households with individuals or families who qualify as
homeless as certified by the Orange County Continuum of Care Coordinated Entry System. Proposers must be
owners of existing multifamily rental units who will enter into an agreement for supportive services with a
qualified service provider (unless the service provider is also the owner). SAHA will evaluate the quality and
location of the prospective housing as well as the experience of the service provider and proposed services.
Proposals from owners who cannot demonstrate such an agreement for supportive services will not be
reviewed.
The financial data provided in this RFP is not guaranteed, and the availability of such funds is subject to change
at any time. SAHA makes no guarantee of the availability of funding for any particular applicant or project. The
submission of a proposal in response to this RFP does not commit SAHA or the City to providing any funding to a
proposed project. SAHA and the City reserve the right to determine at its sole discretion how to disburse
available funds, if at all.
II. SCOPE OF WORK/SERVICES
The Scope of Work will include any and all work efforts related to the Project per EXHIBIT A - SCOPE OF
SERVICES.
Available funds can be used for existing multifamily rental units only.
The Owner must execute an agreement with a Service Provider prior to an award of funds from the SAHA,
unless the Owner is also a Service Provider. The Service Provider shall be a non-profit organization capable of
providing experienced, knowledgeable and professional staff. The Owner and Service Provider shall be
responsive and maintain excellent working relationships with city residents, businesses, government officials
and City staff. The Owner and Service Provider shall provide adequate staffing levels at all times and adhere to
established schedules. The Owner and Service Provider shall be knowledgeable of and comply with federal, state
and local laws, particularly the federal regulations for the Project Based Voucher Program as it applies to their
proposal.
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III. GENERAL INFORMATION
A. The term of the PBV Housing Assistance Payments Contract (HAP) will begin after the contract is awarded by the
Housing Authority Board.
B. When determined appropriate, SAHA will provide information in its possession relevant to preparation of
required information in the RFP. SAHA and the City will provide only the staff assistance and documentation
specifically referred to herein.
C. The Owner and Service Provider shall be responsible for retaining data, records and documentation for the
preparation of the required information. These materials shall be made available to SAHA as requested by
SAHA.
D. This RFP does not commit SAHA or the City to pay costs incurred in preparation of a response to this RFP. All
costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of
a proposal prior to award of a written contract will be borne by the respondent. SAHA reserves the right to
accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any
informality or technical defect in a proposal.
E. All data, documents and other products used, developed or produced during response preparation of the RFP
will become property of SAHA. All responses to the RFP shall become property of SAHA. Proposer information
identified as proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
F. SAHA reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be
identified in the response to the RFP and SAHA reserves the right to reject any subcontractor(s). Subcontractors
shall be the responsibility of the Owner or Service Provider and SAHA shall assume no liability of such
subcontractors.
IV. COORDINATION
Coordination by the awarded Owner and Service Provider with SAHA, other contractors and agencies will be
required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not
be limited to, coordination with impacted businesses, neighborhood and civic groups, local and/or state agency
boards, and attendance at Community Redevelopment and Housing Commission meetings and Housing
Authority Board/City Council meetings.
SAHA will decide the manner in which the coordination efforts will be conducted. At SAHA’s option,
coordination efforts may be performed by the Owner’s direct contact, by the Owner acting through SAHA, by
the Service Provider, or by the SAHA only. When coordination efforts require agreements, such agreements
shall be coordinated through the SAHA.
V. OWNER RESPONSIBILITIES
The selected Owner will assume responsibility for all aspects of the project, and for insuring that the project is
operated in accordance with applicable federal and state laws and PBV federal regulations. The selected Owner
will ensure that the project is operated in accordance with the City of Santa Ana laws and regulations.
VI. RULES FOR PROPOSALS
The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the
proposal as principals are named therein; that the proposal is made without collusion with any other person,
persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without
collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit E).
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VII. PRE-PROPOSAL MEETING
SAHA will not have a pre-proposal meeting for this RFP.
VIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS
To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours.
No oral interpretations will be made by SAHA to any proposer as to the meaning of requirements identified
herein including the Scope of Services. Every request for such an interpretation must be made in writing via e-
mail to Judson Brown, Housing Division Manager no later than Friday, January 8, 2016 at 5:00 p.m. Significant
interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website.
Addenda may become part of the agreement documents.
IX. ADDENDA
If clarification or interpretation of this RFP is considered necessary by SAHA, a written addendum shall be issued
and the information will be posted on the City’s website at www.santa-ana.org/bids-rfps and the SAHA’s
website.
It is the responsibility of each proposer to periodically check the SAHA’s or City’s website to ensure that they
have received and reviewed any and all addenda to this RFP.
X. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE
Proposals are due to the Santa Ana Housing Authority at the date, time and location set forth on the Notice
Inviting Proposals. Faxed and E-mailed proposals will not be accepted.
XI. MINIMUM QUALIFICATIONS
Service providers shall have at minimum of five (5) years recent experience in the provision of supportive
services similar to their proposed project.
XII. SUBMITTAL REQUIREMENTS
Proposers shall submit five complete hard copies of their proposal, and one additional copy on a
compact disc, USB flash drive or equivalent.
All five copies of the proposal must include a signed cover letter. This cover letter must include a declaration
that the only person, persons, company, or parties interested in the proposal as principals are named herein;
that the proposal is made without collusion with any other person, persons, company, or parties submitting a
proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer has full
authority to bind the proposer. It must also include an email address and contact information for the signer.
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Statement of Qualifications (SOQ). The SOQ must include the following components:
1. Owner and Service Provider Team. An organizational chart showing lines of responsibility, as well as a list of
team members and their duties as part of the team. The SOQ must include documentation that the service
provider is certified by the U.S. Internal Revenue Service as a 501(c)3 tax exempt non-profit corporation, and is
in good standing with both state and federal requirements.
2. Service Provider Experience. A narrative describing recent experience, with an emphasis on experience gained
in the last five years on projects similar to the one being proposed.
a. Include project name and type (homeless, special needs, senior, large family, etc.), project address, unit
count and bedroom type, affordability requirements, and funding sources in your description.
b. Include a description of current involvement with the Orange County Continuum of Care and the Orange
County Coordinated Entry system. (If from another county, may use that jurisdiction’s CoC.)
3. References. Include a list of at least three references from public agency or nonprofit partners with full names,
contact information, and identification of the project(s) worked on.
SOQs must be limited to a maximum of 15 pages, excluding front and back covers, section dividers, and exhibits.
All project proposals must contain the following minimum submission requirements:
1. Project Description: Detailed and concise narrative describing the proposed project, including at a minimum
and as appropriate information about the site or a description (with photographs) of the building, building
square footage, number of units/bedrooms, proposed rents and tenant incomes, the number of current tenants
(if applicable), and the services to be provided to the tenants.
2. Statement of Qualifications
3. Project Management Plan
4. Exhibit B – Additional Insured Endorsement for Commercial General Liability Policy. Not required until after
Owner selection.
5. Exhibit C – Proposer’s Statement
6. Exhibit D – Certification of Nondiscrimination
7. Exhibit E – Non-Collusion Affidavit
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and
will be rejected. The Santa Ana Housing Authority reserves the right to reject any or all proposals submitted and no
representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. SAHA’s
determination will be final and there will be no administrative appeal of SAHA’s determination.
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XIII. OWNER SELECTION – SCORING AND EVALUATION
Immediately following the submission deadline, the Santa Ana Housing Authority will create a review panel
composed of SAHA and City staff from relevant City departments. Each member of this panel will evaluate,
score and rank each proposal using the evaluation criteria listed below:
Points Evaluation Criteria
15 Statement of Qualifications
25 Property Selection: 1) Location; 2) Community Amenities
25 Service Provider: 1) Organizational Capacity; 2) Services Offered;
3) Track Record; 4) Housing First Approach
15 Project Management Plan
10 References
10 Overall Responsiveness to Request for Proposals (RFP)
100 Total Points
10 U.S. Military Veterans Bonus
Once the panel has completed its review of the submitted material, it may invite the top rated proposers to an
interview with the panel.
As stipulated in the Santa Ana Housing Authority Housing Choice Voucher Administrative Plan, the review panel will
use the following criteria but will not be limited to these criteria in their evaluation:
• Experience as an owner in the tenant-based voucher program and owner compliance with the owner’s
obligations under the tenant-based program;
• Extent to which the project furthers SAHA’s goal of de-concentrating poverty and expanding housing and
economic opportunities;
• If applicable, extent to which services for special populations are provided on site or in the immediate area
for occupants of the property; and
• Extent to which units are occupied by families that are eligible to participate in the PBV program.
XIV. PUBLIC RECORDS
Proposals will become public record after award of agreement. Interested offerors may submit a written
request, with a self-addressed stamped envelope to receive results of the evaluation. Proposer information
identified as proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act. Submit your request to: Santa Ana Housing Authority, Attn: Judson Brown, Housing Division
Manager, 20 Civic Center Plaza M-26, Santa Ana, CA 92701.
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SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
EXHIBIT A – SCOPE OF SERVICES
I. INTRODUCTION
In order to meet the Housing Authority and City’s goals, the Santa Ana Housing Authority is soliciting proposals for
permanent supportive housing from owners together with at least one service provider who are experienced, very
knowledgeable of HUD programs and its requirements, and financially capable of managing and maintaining high quality
housing for persons experiencing homelessness. The Housing Authority will entertain proposals for Existing Multifamily
Rental Units only.
Permanent Supportive Housing is defined as permanent housing with comprehensive supportive services for people
who are chronically homeless with disabilities or other substantial barriers to housing stability. Through this RFP, the
Santa Ana Housing Authority will be awarding up to 100 Project-Based Vouchers for Permanent Supportive Housing.
Applications for this RFP must: (1) be for units located in the City of Santa Ana; (2) request a minimum of ten (10) PBVs;
and (3) propose to only serve households with individuals or families who qualify as homeless as certified by the Orange
County Continuum of Care Coordinated Entry System. Proposers must be owners of existing multifamily rental units
who will enter into an agreement for supportive services with a qualified service provider (unless the service provider is
also the owner). SAHA will evaluate the quality and location of the prospective housing as well as the experience of the
service provider and proposed services. Proposals from owners who cannot demonstrate such an agreement for
supportive services will not be reviewed.
The maximum funding available will be 100 Project Based Vouchers from the Santa Ana Housing Authority for existing
multifamily rental units.
The financial data provided in this RFP is not guaranteed, and the availability of such funds is subject to change at any
time. The Santa Ana Housing Authority makes no guarantee of the availability of funding for any particular applicant or
project. The submission of a proposal in response to this RFP does not commit the Housing Authority or City to
providing any funding to a proposed project. The Housing Authority and City reserves the right to determine at its sole
discretion how to disburse available funds, if at all.
II. PROJECT BASED VOUCHERS
The Santa Ana Housing Authority (SAHA) is soliciting applications from owners of existing rental housing within the
jurisdictional boundaries of the City of Santa Ana and who wish to secure Project Based Vouchers (PBVs) for their
project. Applications must be submitted by a partnership between an owner and service provider that collectively have
the knowledge, resources and experience necessary to operate rental housing in accordance with the requirements of a
Housing Assistance Payments (HAP) Contract (unless the owner is the service provider). New Construction or
Rehabilitation Projects are not eligible for consideration.
Incomplete applications and applications submitted after the submission deadline will not be eligible for consideration.
Depending upon the quality of proposals, SAHA may choose to enter into a PBV HAP Contract with one or more of the
respondents, or with none of the respondents.
The proposed Agreement will commit SAHA to awarding project based vouchers to the selected project(s). The total
number of vouchers available for commitment is 100. Continued availability of the vouchers will depend upon the
owner’s continued compliance with the requirements of the HAP Contract, and the continued availability to SAHA of
sufficient numbers of vouchers to meet all such contractual obligations.
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Background and Objectives
Public Housing Authorities (PHAs) can use up to 20 percent of their housing choice vouchers for PBVs. While PBVs
reduce tenant mobility, they insure the availability of rental units at participating projects through the term of the
contract, and so help a PHA to meet its basic objective of assisting its clients to obtain decent, safe and affordable rental
housing. As a result, the Santa Ana Housing Authority (SAHA) Administrative Plan provides for the operation of a PBV
Program utilizing up to 20 percent of its budget authority for that purpose. The Administrative Plan is available on the
City’s website at: http://www.ci.santa-ana.ca.us/cda/HousingAuthority.asp
Owners submitting responses to this RFP should be fully conversant with Chapter 17 of the Administrative Plan which
details SAHA’s PBV Program. In the event of any discrepancy between the Plan and the contents of this RFP, the Plan
will prevail.
Solicitation and Selection of PBV Proposals
The Administrative Plan requires that SAHA must decide what housing type, new construction, rehabilitation or existing
housing, will be used to develop project-based housing. SAHA has determined that existing rental housing is most
appropriate, and is soliciting proposals for such projects. The Plan provides for two methods by which SAHA may solicit
and select owners proposing to provide affordable rental housing to receive a PBV contract:
1. SAHA request for PBV Applications. SAHA may solicit applications by using a request for proposals process to
select applications on a competitive basis. SAHA may not limit applications to a single site or impose restrictions
that explicitly or practically preclude owner submission of proposals for PBV housing on different sites.
2. SAHA may select applications that were previously selected based on a different competition. This may include
selection of a proposal for housing assisted under a federal, state, or local government housing assistance
program that was subject to a competition in accordance with the requirements of the applicable program.
This Request for Proposals (RFP) is issued in accordance with the first of these two methods. Applications may be
submitted for qualified projects within the City of Santa Ana. All complete proposals received by the submission
deadline will be rated and ranked by a review panel composed of SAHA and City of Santa Ana staff members.
As stipulated in the Administrative Plan, the review panel will use the following criteria but will not be limited to these
criteria in their evaluation:
• Experience as an owner in the tenant-based voucher program and owner compliance with the owner’s
obligations under the tenant-based program;
• Extent to which the project furthers SAHA’s goal of de-concentrating poverty and expanding housing and
economic opportunities;
• If applicable, extent to which services for special populations are provided on site or in the immediate area
for occupants of the property; and
• Extent to which units are occupied by families that are eligible to participate in the PBV program.
Supportive Services
One of the most important elements of permanent supportive housing is ongoing supportive services that are wrapped
around homeless individuals and families placed in housing. Under this RFP, the scope of services required for service
providers in the course of operating the Project-Based Voucher Program (“Program”) will include, but not be limited to:
1. Performing outreach and intake of targeted individuals (i.e. homeless and chronically homeless) for
participation in the Program;
2. Making and accepting referrals of homeless individuals from the Orange County Continuum of Care
Coordinated Entry System;
3. Assessing homeless individuals and families to prescribe treatment/services;
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4. Placing homeless individuals and families into project-based housing units;
5. Performing case management services for homeless individuals and families that will remove barriers to
successful achievement of independent living skills, attainment of employment skills, and greater self-
determination;
6. Tracking and reporting program activities and outcomes using the Homeless Management Information System
(HMIS) operated by the Orange County Continuum of Care. Data entry into HMIS is required in order to
perform tracking and reporting program activities and outcomes.
Supportive Services means services provided to tenants for the purpose of addressing the tenants’ condition of
homelessness and enhancing the tenants' ability to maintain independent living. Supportive services must address the
special needs of the tenants to be served. These services may include: (a) medical or mental health care; (b) medical and
psychological case management; (c) benefits advocacy and income support assistance such as TANF, General Assistance,
CalFresh, Social Security Disability Income, tenant assistance or representation to address landlord/tenant issues; (d)
money management/payee services; (e) nutritional counseling; and (f) assistance in obtaining other resources and
support for tenants such as clothing, furniture and household items, transportation, job training and job placement.
These services may be provided directly or by arrangement with other service providers.
Housing First
Housing First is an approach that offers permanent, affordable housing as quickly as possible for individuals and families
experiencing homelessness, and then provides the supportive services and connections to the community-based
supports people need to keep their housing and avoid returning to homelessness. Housing provides a foundation from
which a person or family can access the services and supports they need to achieve stability, begin the recovery process,
and pursue personal goals. Housing First programs share critical elements:
• There is a focus on helping individuals and families access and sustain rental housing as quickly as possible and
the housing is not time-limited;
• A variety of services are delivered primarily following a housing placement to promote housing stability and
individual well-being;
• Such services are time-limited or long-term depending upon individual need; and
• Housing is not contingent on compliance with services – instead, participants must comply with a standard lease
agreement and are provided with the services and supports that are necessary to help them do so successfully.
A Housing First approach rests on the belief that helping people access and sustain permanent, affordable housing
should be the central goal of our work with people experiencing homelessness. By providing housing assistance, case
management and supportive services responsive to individual or family needs (time-limited or long-term) after an
individual or family is housed, communities can significantly reduce the time people experience homelessness and
prevent further episodes of homelessness. A central tenet of the Housing First approach is that social services to
enhance individual and family well-being can be more effective when people are in their own home.
The Housing First approach is strongly recommended for accepting referrals from the Orange County Continuum of Care
Coordinated Entry System.
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In-Place Families
The term “in-place family” means an eligible family residing in a proposed contract unit on the proposal selection date.
If a proposal is submitted that includes in-place families, the proposal will still be eligible with the understanding that
when the unit becomes vacant households with individuals or families who qualify as homeless as certified by the
Orange County Continuum of Care Coordinated Entry System will be moved into the unit.
In order to minimize displacement of in-place families, if a unit to be placed under contract that is either an existing unit
or one requiring rehabilitation is occupied by an eligible family on the proposal selection date, the in-place family must
be placed on SAHA’s waiting list (if the family is not already on the list) and, once its continued eligibility is determined,
given an absolute selection preference and referred to the project owner for an appropriately sized PBV unit in the
project.
U.S. Military Veterans Bonus
One of the four key goals of the federal government is to prevent and end homelessness among Veterans by December
31st, 2015. Projects that dedicate project-based voucher units to U.S. Military Veterans will receive bonus points.
III. OWNER REQUIREMENTS AND RESPONSIBILITIES
i. INSURANCE
Prior to undertaking performance of work under this Agreement, the Owner shall maintain and shall require its
subcontractors, if any, to obtain and maintain insurance as described below:
1. Commercial General Liability Insurance. Owner shall maintain commercial general liability insurance which
shall include, but not be limited to protection against claims arising from bodily and personal injury,
including death resulting there from and damage to property, resulting from any act or occurrence arising
out of Owner’s operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting there from, and property damage, in the
total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate.
2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than
$2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned
automobiles.
3. Worker’s Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code,
Owner is required to be insured against liability for worker’s compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Owner agrees to obtain and
maintain any employer’s liability insurance with limits not less than $1,000,000 per accident.
The following requirements apply to the insurance to be provided by Owner pursuant to this section:
a. Commercial general liability and business automobile insurance policies shall (a) name the Housing
Authority, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self-insurance programs maintained by
SAHA; and (c) contain standard separation of insured’s provisions. A sample additional insured
endorsement is attached hereto as Exhibit B. Owner shall maintain all insurance required above in full
force and effect for the entire period covered by this Agreement.
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b. Certificates of insurance shall be furnished to the Housing Authority upon execution of this Contract
and shall be approved in form by the Housing Authority General Counsel.
c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or
changed in any other material aspect without thirty (30) days prior written notice to SAHA.
4. If Owner fails or refuses to produce or maintain the insurance required by this section or fails or refuses to
furnish the Housing Authority with required proof that insurance has been procured and is in force and paid
for, the Housing Authority shall have the right, at the Housing Authority’s election, to forthwith terminate
this Contract. Such termination shall not affect Owner’s right to be paid for its time and materials expended
prior to notification of termination. Owner waives the right to receive compensation and agrees to
indemnify the Housing Authority for any work performed prior to approval of insurance by the Housing
Authority.
ii. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, the Owner shall indemnify, defend and hold harmless the SAHA, its
officers, agents and employees (collectively, the “Indemnified Parties”) from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly
or indirectly) to any work performed or services provided under this Contract (including, without limitation,
defects in workmanship and/or materials) or Owner’s presence or activities conducted performing the work
(including the negligent and/or willful acts, errors and/or omissions of Owner, its principals, officers, agents,
employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein
shall be construed to require Owner to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney’s fees in any action on or to enforce the terms of the Agreement. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided by the Owner.
iii. NOTICE
Any notice, tender, demand, delivery or other communication pursuant to this Contract shall be in writing and
shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage
prepaid, or sent by facsimile or other telegraphic communication to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
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With a courtesy copy to:
Housing Division Manager
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
PO Box 1988
Santa Ana, CA 92701
Fax 714-667-2225
IV. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Owner shall solicit and advertise employment opportunities to Santa Ana residents. SAHA shall inform the
Owner of areas to publicize recruitment opportunities, such as work centers and community centers. Such
effort and procedure will be provided to SAHA for review.
v. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
1. Owner shall perform all requirements under this contract in strict observance of and in compliance with all
applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other
legislative or statutory requirements.
2. Owner warrants that the performance of services under this contract shall be compliant with the current
requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated
throughout the term of this contract.
vi. ASSIGNMENT
Inasmuch as the Agreement is intended to secure the specialized services of Owner, Owner may not assign,
transfer, delegate or subcontract any interest herein without the prior written consent of SAHA and any such
assignment, transfer; delegation or subcontract without SAHA’s prior written consent shall be considered null
and void.
vii. JURISDICTION – VENUE
This Contract has been executed and delivered in the State of California and the validity, interpretation,
performance and enforcement of any of the clauses of this Contract shall be determined and governed by the
laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for
any action or proceeding that may be brought or arise out of, in connection with or by reason of this Contract.
viii. FINES
The Owner shall be liable for all violation fines levied against the Housing Authority by State or Federal Agencies
and the Courts such as, but not limited to, oil or fluid leaks.
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Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
Page 14
SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
EXHIBIT B – ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company _____________________________________
This endorsement modifies such insurance as is afforded by the provisions of Policy # ___________________ relating to
the following:
1. The Santa Ana Housing Authority, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the
named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured,
such insurance as is afforded by this policy is primary and is not additional to or contributing with any other
insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except with
respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not
affect any right which such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage
or limits except after thirty (30) days written notice has been given to the Santa Ana Housing Authority, 20 Civic
Center Plaza M-26, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective , this endorsement form as part of
Policy #
Issued to
Name Insured
Countersigned by:
Authorized Representative
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Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
Page 15
SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
EXHIBIT C
TO BE INCLUDED IN PROPOSAL
PROPOSAL & CONTRACT AGREEMENT
PROPOSER’S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the
Santa Ana Housing Authority (hereinafter SAHA) shall constitute the entire agreement between proposer and SAHA only
after it has been accepted by the Housing Authority, endorsed by the Clerk of the Council with his/her signature and official
seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent,
and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution, and when it or
an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly
addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish SAHA all
required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and SAHA’s legal
holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become
the property of SAHA and shall be considered as payment of damages due to the delay and other causes suffered by SAHA
because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that
the proof of damages actually suffered by SAHA is difficult to ascertain; otherwise said funds, check drafts, or proposer’s
bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP
schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based
upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Owners, and the Workers’ Compensation
Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP.
FIRM
SIGNED AND PRINTED NAME
TITLE DATE
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Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
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SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
EXHIBIT D
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY OWNER
The undersigned Owner or corporate officer, during the performance of this contract, certifies as follows:
1. The Owner shall not discriminate against any employee or applicant for employment because of race, color, religion,
sex, national origin or any other protected class. The Owner shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color, religion, sex,
national origin or any other protected class. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The Owner agrees to
post in conspicuous places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2. The Owner shall, in all solicitations or advertisements for employees placed by or on behalf of the Owner, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
national origin or any other protected class.
3. The Owner shall send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’
representatives of the Owner’s commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4. The Owner shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
5. The Owner shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and
by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her
books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation,
to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Owner’s non-compliance with the nondiscrimination clauses of this contract or with any of the
said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and
the Owner may be declared ineligible for further Government contracts or federally assisted construction/services
contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Owner shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as
means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the
4-19
Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
Page 17
Owner becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the
8. Owner may request that the United States enter into such litigation to protect the interests of the United States.
9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended,
No discrimination shall be made in the employment of persons because of race, religious creed, color national origin,
ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class, except as
provided in Section 1420, and any Owner violating this Section is subject to all the penalties imposed for a violation of the
Chapter.
FIRM
SIGNED AND PRINTED NAME
TITLE DATE
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Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
Page 18
SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
EXHIBIT E – NON-COLLUSION AFFIDAVIT
TO BE INCLUDED IN PROPOSAL
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the SANTA ANA HOUSING AUTHORITY,
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that
the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or
indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Non-collusion Affidavit. PROPOSERS are cautioned that making a
false certification may subject the certifier to criminal prosecution.
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 _____, by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
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5-1
5-2
Section 8 Management Assessment Program Indicators
Indicator #1 Selection from Waiting List: 15/15 points
This indicator shows whether SAHA has written policies in its administrative plan for
selecting applicants from the waiting list and whether SAHA follows these policies when
selecting applicants for admission from the waiting list.
Indicator #2 Rent Reasonableness: 15/20 points
This indicator shows whether SAHA has and implements a reasonable written method
to determine and document for each unit leased that the rent to owner is reasonable
based on current rents for comparable unassisted units at the time of initial leasing; if
there is any increase in the rent to owner; and at the Housing Assistance Payment
(HAP) contract anniversary if there is a 5 percent decrease in the published fair market
rent (FMR) in effect 60 days before the HAP contract anniversary.
Indicator #3 Determination of Adjusted Income: 15/20 points
This indicator shows whether, at the time of admission and annual reexamination,
SAHA verifies and correctly determines adjusted annual income for each assisted family
and, where the family is responsible for utilities under the lease, SAHA uses the
appropriate utility allowances for the unit leased in determining the gross rent.
Indicator #4 Utility Allowance Schedule: 5/5 points
This indicator shows whether SAHA maintains an up-to-date utility allowance schedule.
Indicator #5 Housing Quality Standards (HQS) Quality Control Inspections: 5/5 points
This indicator shows whether a SAHA supervisor or other qualified person reinspects a
sample of units under contract during SAHA’s fiscal year, which meets the minimum
sample size, for quality control of HQS inspections.
Indicator #6 HQS Enforcement: 10/10 points
This indicator shows whether, following each HQS inspection of a unit under contract
where the unit fails to meet HQS, any cited life-threatening HQS deficiencies are
corrected within 24 hours from the inspection and all other cited HQS deficiencies are
corrected within no more than 30 calendar days from the inspection or any SAHA-
approved extension.
Indicator #7 Expanding Housing Opportunities: 5/5 points
This indicator shows whether SAHA has adopted and implemented a written policy to
encourage participation by owners of units located outside areas of poverty or minority
concentration; informs voucher holders of the full range of areas where they may lease
units both inside and outside SAHA’s jurisdiction; and supplies a list of landlords or
other parties who are willing to lease units or help families find units, including units
outside areas of poverty or minority concentration.
EXHIBIT 1
5-3
Indicator #8 Payment Standards: 5/5 points
This indicator shows whether SAHA has adopted current payment standards for the
voucher program by unit size for each FMR area in the Public Housing Agency (PHA)
jurisdiction.
Indicator #9 Annual Reexaminations: 10/10 points
This indicator shows whether SAHA completes a reexamination for each participating
family at least once every 12 months.
Indicator #10 Correct Tenant Rent Calculations: 5/5 points
This indicator shows whether SAHA correctly calculates family’s share of the rent to
owner in the HCV program.
Indicator # 11 Pre-contract HQS Inspections: 5/5 points
This indicator shows whether newly leased units pass a HQS inspection before the
beginning date of the assisted lease and HAP contract.
Indicator # 12 Annual HQS Inspections: 10/10 points
This indicator shows whether SAHA inspects each unit under contract at least annually.
Indicator # 13 Lease-up: 15/20 points
This indicator shows whether SAHA enters assistance contracts on behalf of eligible
families for the number of units that has been under Annual Contributions Contract
(ACC), or under budget for at least one year.
Indicator # 14 Family Self Sufficiency: 10/10 points
This indicator consists of two components which show whether SAHA has enrolled
families in the Family Self-Sufficiency (FSS) program as required, and the extent of
SAHA’s progress in supporting FSS by measuring the percent of current FSS
participants with FSS progress reports entered in the Public & Indian Housing
Information Center (PIC) that have had increases in earned income which resulted in
escrow account balances.
Indicator # 15 Deconcentration Bonus: 0/5 points
The Santa Ana Housing Authority does not have enough data to certifiy for this bonus
indicator.
5-4
EXHIBIT 2
5-5
5-6
REQUEST FOR COUNCIL/
HOUSING AUTHORITY
ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
DECEMBER 15, 2015
TITLE: APPROVED
HOUSING SUCCESSOR ANNUAL
REPORT FOR FY 2014-15 – LOW AND
MODERATE INCOME HOUSING ASSET
FUND {STRATEGIC PLAN NO. 5, 1}
As Recommended
As Amended
Ordinance on 1st Reading
Ordinance on 2nd Reading
Implementing Resolution
Set Public Hearing For__________
CONTINUED TO
FILE NUMBER
CITY MANAGER EXECUTIVE DIRECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION
Receive and file
HOUSING AUTHORITY ACTION
Receive and file.
DISCUSSION
Pursuant to the Dissolution Act, the City Council on January 9, 2012, designated the Housing
Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency
of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the
housing assets, duties, functions and obligations of the former RDA and continued to complete
the housing development projects encumbered prior to the dissolution of the RDA.
Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health & Safety
Code Section 34176 and addresses functions to be performed by the Housing Successor
Agencies. This bill, effective January 2014, requires all housing successor agencies to provide
an annual report (Exhibit 1) to its governing body within six months after the end of the fiscal
year, starting with FY 2013-14. Among the requirements is an independent financial audit of the
Low and Moderate Income Housing Asset Fund (LMIHAF), and information regarding specific
housing financial data and activities. The independent financial audit of the LMIHAF is included
in the City’s Comprehensive Annual Financial Report (CAFR) for FY 2014-15, as prepared by the
Finance and Management Services Agency and posted on the City’s website at
http://www.santa-ana.org/finance/cafr/default.asp.
6-1
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City’s efforts to meet Goal #5 – Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities.)
FISCAL IMPACT
There is no fiscal impact associated with this action.
Kelly Reenders
Executive Director
Community Development Agency
KR/SG
Exhibit: 1. Housing Successor Annual Report FY 2014-15
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 1
HOUSING SUCCESSOR ANNUAL REPORT
REGARDING THE
LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2014-2015
PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE
HOUSING AUTHORITY OF THE CITY OF SANTA ANA
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income
Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety
Code Section 34176.1(f) and is dated as of December 15, 2015. This Report sets forth certain
details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during
Fiscal Year 2014-2015 (Fiscal Year). The purpose of this Report is to provide the governing
body of the Housing Successor an annual report on the housing assets and activities of the
Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in
particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor staff and
information contained within the independent financial audit of the Low and Moderate Income
Housing Asset Fund, as incorporated in the City of Santa Ana Comprehensive Annual Financial
Report for Fiscal Year 2014-2015 (Fiscal Year) as prepared by Macias Gini & O’Connell LLP
(Audit), which Audit is separate from this annual summary Report; further, this Report conforms
with and is organized into sections I. through XI., inclusive, pursuant to Section 34176.1(f) of the
Dissolution Law:
I. Amount Deposited into LMIHAF: This section provides the total amount of funds
deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items
listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished
from the other amounts deposited.
II. Ending Balance of LMIHAF: This section provides a statement of the balance in the
LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on
the ROPS must be distinguished from the other amounts deposited.
III. Description of Expenditures from LMIHAF: This section provides a description of the
expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be
categorized.
IV. Statutory Value of Assets Owned by Housing Successor: This section provides the
statutory value of real property owned by the Housing Successor, the value of loans and
grants receivables, and the sum of these two amounts.
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 2
V. Description of Transfers: This section describes transfers, if any, to another housing
successor agency made in previous Fiscal Year(s), including whether the funds are
unencumbered and the status of projects, if any, for which the transferred LMIHAF will
be used. The sole purpose of the transfers must be for the development of transit
priority projects, permanent supportive housing, housing for agricultural employees or
special needs housing.
VI. Project Descriptions: This section describes any project for which the Housing
Successor receives or holds property tax revenue pursuant to the ROPS and the status
of that project.
VII. Status of Compliance with Section 33334.16: This section provides a status update
on compliance with Section 33334.16 for interests in real property acquired by the
former redevelopment agency prior to February 1, 2012. For interests in real property
acquired on or after February 1, 2012, provide a status update on the project.
VIII. Description of Outstanding Obligations under Section 33413: This section
describes the outstanding inclusionary and replacement housing obligations, if any,
under Section 33413 that remained outstanding prior to dissolution of the former
redevelopment agency as of February 1, 2012 along with the Housing Successor’s
progress in meeting those prior obligations, if any, of the former redevelopment agency
and how the Housing Successor’s plans to meet unmet obligations, if any.
IX. Income Test: This section provides the information required by Section
34176.1(a)(3)(B), or a description of expenditures by income restriction for five year
period, with the time period beginning January 1, 2014 and whether the statutory
thresholds have been met. However, reporting of the Income Test is not required until
2019.
X. Senior Housing Test: This section provides the percentage of units of deed-restricted
rental housing restricted to seniors and assisted individually or jointly by the Housing
Successor, its former redevelopment Agency, and its host jurisdiction within the previous
10 years in relation to the aggregate number of units of deed-restricted rental housing
assisted individually or jointly by the Housing Successor, its former Redevelopment
Agency and its host jurisdiction within the same time period. For this Report the ten-year
period reviewed is January 1, 2005 to January 1, 2015.
XI. Excess Surplus Test: This section provides the amount of excess surplus in the
LMIHAF, if any, and the length of time that the Housing Successor has had excess
surplus, and the Housing Successor’s plan for eliminating the excess surplus.
This Report is to be provided to the Housing Successor’s governing body by December 31,
2015. In addition, this Report and the former redevelopment agency’s pre-dissolution
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 3
Implementation Plans are to be made available to the public on the City’s website
(http://www.santa-ana.org/cda/oversight.asp.)
I. AMOUNT DEPOSITED INTO LMIHAF
A total of $2,329,877 was deposited into the LMIHAF during the Fiscal Year. Of the total funds
deposited into the LMIHAF, a total of $1,582,564 was held for items listed on the ROPS.
II. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending balance in the LMIHAF was $8,361,937 of which
$200,000 is held for items listed on the ROPS.
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:
Fiscal Year
Monitoring & Administration Expenditures $266,915
Homeless Prevention and Rapid Rehousing
Services Expenditures
$0
Housing Development Expenditures
Expenditures on Low Income Units
Expenditures on Very-Low Income Units
Expenditures on Extremely-Low Income Units
Total Housing Development Expenditures
$ 40,956
$0
$0
$683,365
Total LMIHAF Expenditures in Fiscal Year $950,280
The independent financial audit of the Low and Moderate Income Housing Asset Fund includes
an additional $683,365 in expenditures. These expenditures include real properties transferred
to developers as required by the disposition and development agreements and partial payment
of the unobligated amount identified in the Low and Moderate Income Housing Fund Due
Diligence Review.
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 4
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property”
means the value of properties formerly held by the former redevelopment agency as listed on
the housing asset transfer schedule approved by the Department of Finance as listed in such
schedule under Section 34176(a)(2), the value of the properties transferred to the Housing
Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by
the Housing Successor. Further, the value of loans and grants receivable is included in these
reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor.
As of End of
Fiscal Year
Statutory Value of Real Property Owned by Housing Authority $ 6,265,078
Value of Loans and Grants Receivable $65,986,968
Total Value of Housing Successor Assets $72,252,046
V. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s)
under Section 34176.1(c)(2) during the Fiscal Year.
VI. PROJECT DESCRIPTIONS
The following is a description of project(s) for which the Housing Successor receives or holds
property tax revenue pursuant to the ROPS as well as the status of the project(s):
Project Name Status of Project
Habitat for Humanity Project currently underway. The following
sites were completed and sold to qualified
homeowners: 1029 McLean, 4809 Edinger, 717
E. 3rd Street, 1121 Cypress, and 1114 Cypress.
Construction on the following sites were
completed and sold to qualified homebuyers in
FY 14/15: 812 Concord and 793 N. Concord.
The homes located at 4010 W. McFadden and
1314 Eastwood are complete and anticipated
to be sold to a qualified homebuyer in FY
15/16. 4110 W. McFadden is currently in the
entitlement process and construction is
anticipated to start in FY 15/16.
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 5
Station District For Sale Project completed and sold to qualified
homebuyers in FY 14/15. Final obligation to be
paid in FY 15/16.
Station District Lawsuit Settlement
(Lacy Fund)
On-going; loans provided to two single family
rehabilitation projects.
VII. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property
acquired by the Housing Successor on or after February 1, 2012; however, this Report presents
a status update on the project related to such real property.
With respect to interests in real property acquired by the former redevelopment agency prior to
February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have
commenced on the date that the Department of Finance approved the property as a housing
asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency
now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate
activities consistent with the development of the real property for the purpose for which it was
acquired within five years of the date the DOF approved such property as a housing asset.
The following provides a status update on the real property or properties housing asset(s) that
were acquired prior to February 1, 2012 and compliance with five-year period:
Address of Property
Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing Successor
Activity
415 & 423 S. Raitt St. 06/30/11 02/14/18 Tentative plan to sell property
to City for development as
open park space
Remnant parcels at
Spurgeon & E. 22nd St.
10/30/02 02/14/18 No development plans
542 E. Central Ave. 04/10/06 02/14/18 No development plans
720 E. 6th St. 08/03/06 02/14/18 Tentative plan to sell property
to City for development as
open park space
714 E. 6th St. 07/09/08 02/14/18 Tentative plan to sell property
to City for development as
open park space
710 E. 6th St. 11/22/05 02/14/18 Tentative plan to sell property
to City for development as
open park space
801, 809 & 809 ½ E.
Santa Ana Blvd.
07/29/09 02/14/18 No development plans
826 N. Lacy 07/29/09 02/14/18 No development plans
6-7
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 6
1126 & 1146 Washington 09/05/07 02/14/18 No development plans
The following provides a status update on the project(s) for property or properties that have
been acquired by the Housing Successor using LMIHAF on or after February 1, 2012:
Address of Property
Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing Successor
Activity
N/A
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413
Replacement Housing: According to the FY 2010 – FY 2015 Implementation Plan for the
former redevelopment agency, the following replacement housing obligations were transferred
to the Housing Successor:
One (1) very-low income five-bedroom unit, which was removed in 2005. The replacement
housing obligation transferred to the Housing Successor was fulfilled with WBBB project that
accommodated a five-bedroom unit within the site.
At the end of Fiscal Year 2014-2015, the Housing Successor has met all replacement housing
obligations transferred from the former redevelopment agency.
Inclusionary/Production Housing. According to the FY 2010 – FY 2015 Implementation Plan
for the former redevelopment agency, no Section 33413(b) inclusionary/production housing
obligations were transferred to the Housing Successor. The former redevelopment agency’s
Implementation Plans are posted on the City’s website at http://www.santa-
ana.org/cda/oversight.asp.
IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the
LMIHAF to be expended for development of rental housing affordable to and occupied by
households earning 30% or less of the AMI. If the Housing Successor fails to comply with the
Extremely-Low Income requirement in any five-year report, then the Housing Successor must
ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year
following the latest fiscal year following the report on households earning 30% or less of the AMI
until the Housing Successor demonstrates compliance with the Extremely-Low Income
requirement. This information is not required to be reported until 2019 for the 2014 – 2019
period.
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 7
X. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing
restricted to seniors and assisted by the Housing Successor, the former redevelopment agency
and/or the City within the previous 10 years in relation to the aggregate number of units of
deed-restricted rental housing assisted by the Housing Successor, the former redevelopment
agency and/or City within the same time period. If this percentage exceeds 50%, then the
Housing Successor cannot expend future funds in the LMIHAF to assist additional senior
housing units until the Housing Successor or City assists and construction has commenced on a
number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental
units.
The following provides the Housing Successor’s Senior Housing Test for the 10 year period of
January 1, 2005 to January 1, 2015:
Senior Housing Test 1/1/2005 – 1/1/2015
# of Assisted Senior Rental Units 0
# of Total Assisted Rental Units 565
Senior Housing Percentage 0%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account
that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited
into the account during the Housing Successor’s preceding four Fiscal Years, whichever is
greater.
The following provides the Excess Surplus test for the preceding four Fiscal Years:
FY 2011/12 FY 2012/13 FY 2013/14 FY 2014/15
Beginning Balance $0 $37,192,839 $25,736,346 $17,996,580
Add: Deposits $58,870,637 $506,303 $1,496,182 $2,329,877
(Less) Expenditures $21,677,798 $11,962,796 $9,235,948 $950,279
Ending Balance $37,192,839 $25,736,346 $17,996,580 $19,376,178
The LMIHAF does not have an Excess Surplus. (Refer to calculation below.)
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HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2014/15 Page 8
Fund Balance – June 30, 2015 $19,376,178
Less Unavailable Amounts:
Advance to private-purpose trust fund ( 4,751,291)
Community development ( 8,359,809)
Land held for resale ( 6,265,078)
Available Low Income Housing Funds -
Limitation (Greater of $1,000,000 or Four Years Deposits):
Aggregate amounts deposited for preceding four fiscal years
2011 – 2012 58,870,637
2012 – 2013 506,303
2013 – 2014 1,496,182
2014 – 2015 2,329,877
Total deposits for the preceding four fiscal years 63,202,999
Base limitation 1,000,000
Greater Amount 63,202,999
Computed Excess Surplus – June 30, 2015 $ -
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