Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE INTRODUCTION This Chapter

chapter 5 briefings and voucher issuance introduction this chapter explains the briefing and voucher issuance process. when a family

Chapter 5
BRIEFINGS AND VOUCHER ISSUANCE
INTRODUCTION
This chapter explains the briefing and voucher issuance process. When
a family is determined to be eligible for the Housing Choice Voucher
(HCV) program, the PHA must ensure that the family fully understands
the way the program operates and the family’s obligations under the
program. This is accomplished through both an oral briefing and
provision of a briefing packet containing the HUD-required documents
and other information the family needs to know in order to lease a
unit under the program. Once the family is fully informed of the
program’s requirements, the PHA issues the family a voucher. The
voucher includes the unit size for which the family qualifies based on
the PHA’s subsidy standards, as well as the issue and expiration date
of the voucher. The voucher is the document that authorizes the family
to begin its search for a unit, and limits the amount of time the
family has to successfully locate an acceptable unit.
This chapter describes HUD regulations and PHA policies related to
these topics in two parts:
Part I: Briefings and Family Obligations. This part details the
program’s requirements for briefing families orally, and for providing
written materials describing the program and its requirements. It
includes a particular focus on the family’s obligations under the
program.
Part II: Subsidy Standards and Voucher Issuance. This part discusses
the PHA’s standards for determining how many bedrooms a family of a
given composition qualifies for, which in turn affects the amount of
subsidy the family can receive. It also discusses the policies that
dictate how vouchers are issued, and how long families have to locate
a unit.
PART I: BRIEFINGS AND FAMILY OBLIGATIONS
5-I.A. OVERVIEW
HUD regulations require the PHA to conduct mandatory briefings for
applicant families who qualify for a voucher. The briefing provides a
broad description of owner and family responsibilities, explains the
PHA’s procedures, and includes instructions on how to lease a unit.
This part describes how oral briefings will be conducted, specifies
what written information will be provided to families, and lists the
family’s obligations under the program.
5-I.B. BRIEFING [24 CFR 982.301]
The PHA must give the family an oral briefing and provide the family
with a briefing packet containing written information about the
program. Families may be briefed individually or in groups. At the
briefing, the PHA must ensure effective communication in accordance
with Section 504 requirements (Section 504 of the Rehabilitation Act
of 1973) and ensure that the briefing site is accessible to
individuals with disabilities. For a more thorough discussion of
accessibility requirements, refer to Chapter 2.
PHA Policy
Briefings may be conducted in group meetings.
Generally, the head of household is required to attend the briefing.
If the head of household is unable to attend, the PHA may approve
another adult family member to attend the briefing.
Families that attend group briefings and still need individual
assistance will be referred to an appropriate PHA staff person.
Briefings will be conducted in English. For limited English proficient
(LEP) applicants, the PHA will provide translation services in
accordance with the PHA’s LEP plan (See Chapter 2).
Notification and Attendance
PHA Policy
Families will be notified of their eligibility for assistance at the
time they are invited to attend a briefing. The notice will identify
who is required to attend the briefing, as well as the date and time
of the scheduled briefing.
If the notice is returned by the post office with no forwarding
address, the applicant will be denied, and their name will not be
placed back on the waiting list. If the notice is returned by the post
office with a forwarding address, the notice will be re-sent to the
address indicated.
Applicants who fail to attend a scheduled briefing will be scheduled
for another briefing automatically. The PHA will notify the family of
the date and time of the second scheduled briefing. Applicants who
fail to attend two scheduled briefings, without prior PHA approval,
will be denied assistance (see Chapter 3).
Oral Briefing [24 CFR 982.301(a)]
Each briefing must provide information on the following subjects:
*
How the Housing Choice Voucher program works;
*
Family and owner responsibilities;
*
Where the family can lease a unit, including renting a unit inside
or outside the PHA’s jurisdiction;
*
An explanation of how portability works. The PHA may not
discourage the family from choosing to live anywhere in the PHA
jurisdiction or outside the PHA jurisdiction under portability,
unless otherwise expressly authorized by statute, regulation, PIH
Notice, or court order;
*
The PHA must inform the family of how portability may affect the
family’s assistance through screening, subsidy standards, payment
standards, and any other elements of the portability process which
may affect the family’s assistance;
*
The advantages of areas that do not have a high concentration of
low-income families; and
*
For families receiving welfare-to-work vouchers, a description of
any local obligations of a welfare-to-work family and an
explanation that failure to meet the obligations is grounds for
denial of admission or termination of assistance.
Briefing Packet [24 CFR 982.301(b)]
Documents and information provided in the briefing packet must include
the following:
*
The term of the voucher, voucher suspensions, and the PHA’s
policies on any extensions of the term. If the PHA allows
extensions, the packet must explain how the family can request an
extension.
*
A description of the method used to calculate the housing
assistance payment for a family, including how the PHA determines
the payment standard for a family, how the PHA determines total
tenant payment for a family, and information on the payment
standard and utility allowance schedule.
*
An explanation of how the PHA determines the maximum allowable
rent for an assisted unit.
*
Where the family may lease a unit and an explanation of how
portability works, including information on how portability may
affect the family’s assistance through screening, subsidy
standards, payment standards, and any other elements of the
portability process that may affect the family’s assistance.
*
The HUD-required tenancy addendum, which must be included in the
lease.
*
The form the family must use to request approval of tenancy, and a
description of the procedure for requesting approval for a
tenancy.
*
A statement of the PHA policy on providing information about
families to prospective owners.
*
The PHA subsidy standards including when and how exceptions are
made.
*
Materials (e.g., brochures) on how to select a unit and any
additional information on selecting a unit that HUD provides.
*
Information on federal, state and local equal opportunity laws and
a copy of the housing discrimination complaint form.
*
A list of landlords known to the PHA who may be willing to lease a
unit to the family or other resources (e.g., newspapers,
organizations, online search tools) known to the PHA that may
assist the family in locating a unit. PHAs must ensure that the
list of landlords or other resources covers areas outside of
poverty or minority concentration.
*
Notice that if the family includes a person with disabilities, the
family may request a list of available accessible units known to
the PHA.
*
The family obligations under the program, including any
obligations of a welfare-to-work family.
*
The grounds on which the PHA may terminate assistance for a
participant family because of family action or failure to act.
*
PHA informal hearing procedures including when the PHA is required
to offer a participant family the opportunity for an informal
hearing, and how to request the hearing.
*
An explanation of the advantages of moving to an area that does
not have a high concentration of low-income families.
If the PHA is located in a metropolitan area, the following additional
information must be included in the briefing packet in order to
receive full points under SEMAP Indicator 7, Expanding Housing
Opportunities [24 CFR 985.3(g)]:
*
Maps showing areas with housing opportunities outside areas of
poverty or minority concentration, both within its jurisdiction
and its neighboring jurisdiction
*
Information about the characteristics of these areas including job
opportunities, schools, transportation, and other services
*
An explanation of how portability works, including a list of
portability contact persons for neighboring PHAs with names,
addresses, and telephone numbers
Additional Items to Be Included in the Briefing Packet
In addition to items required by the regulations, PHAs may wish to
include supplemental materials to help explain the program to both
participants and owners [HCV GB p. 8-7, Notice PIH 2017-12].
PHA Policy
The PHA will provide the following additional materials in the
briefing packet:
The HUD pamphlet on lead-based paint entitled Protect Your Family from
Lead in Your Home
Information on how to fill out and file a housing discrimination
complaint form
The form HUD-5380 domestic violence certification form and the form
HUD‑5382 notice of occupancy rights, which contains information on
VAWA protections for victims of domestic violence, dating violence,
sexual assault, and stalking
“Is Fraud Worth It?” (form HUD-1141-OIG), which explains the types of
actions a family must avoid and the penalties for program abuse
“What You Should Know about EIV,” a guide to the Enterprise Income
Verification (EIV) system published by HUD as an attachment to Notice
PIH 2017-12
5-I.C. FAMILY OBLIGATIONS
Obligations of the family are described in the housing choice voucher
(HCV) regulations and on the voucher itself. These obligations include
responsibilities the family is required to fulfill, as well as
prohibited actions. The PHA must inform families of these obligations
during the oral briefing, and the same information must be included in
the briefing packet. When the family’s unit is approved and the HAP
contract is executed, the family must meet those obligations in order
to continue participating in the program. Violation of any family
obligation may result in termination of assistance, as described in
Chapter 12.
Time Frames for Reporting Changes Required By Family Obligations
PHA Policy
Unless otherwise noted below, when family obligations require the
family to respond to a request or notify the PHA of a change,
notifying the PHA of the request or change within 10 business days is
considered prompt notice.
When a family is required to provide notice to the PHA, the notice
must be in writing.
Family Obligations [24 CFR 982.551]
The family obligations of the voucher are listed as follows:
*
The family must supply any information that the PHA or HUD
determines to be necessary, including submission of required
evidence of citizenship or eligible immigration status.
*
The family must supply any information requested by the PHA or HUD
for use in a regularly scheduled reexamination or interim
reexamination of family income and composition.
*
The family must disclose and verify social security numbers and
sign and submit consent forms for obtaining information.
*
Any information supplied by the family must be true and complete.
*
The family is responsible for any Housing Quality Standards (HQS)
breach by the family caused by failure to pay tenant-provided
utilities or appliances, or damages to the dwelling unit or
premises beyond normal wear and tear caused by any member of the
household or guest.
PHA Policy
Damages beyond normal wear and tear will be considered to be damages
which could be assessed against the security deposit.
*
The family must allow the PHA to inspect the unit at reasonable
times and after reasonable notice, as described in Chapter 8 of
this plan.
*
The family must not commit any serious or repeated violation of
the lease.
PHA Policy
The PHA will determine if a family has committed serious or repeated
violations of the lease based on available evidence, including but not
limited to, a court-ordered eviction or an owner’s notice to evict,
police reports, and affidavits from the owner, neighbors, or other
credible parties with direct knowledge.
Serious and repeated lease violations will include, but not be limited
to, nonpayment of rent, disturbance of neighbors, destruction of
property, living or housekeeping habits that cause damage to the unit
or premises, and criminal activity. Generally, the criterion to be
used will be whether or not the reason for the eviction was the fault
of the tenant or guests. Any incidents of, or criminal activity
related to, domestic violence, dating violence, sexual assault, or
stalking will not be construed as serious or repeated lease violations
by the victim [24 CFR 5.2005(c)(1)].
*
The family must notify the PHA and the owner before moving out of
the unit or terminating the lease.
PHA Policy
The family must comply with lease requirements regarding written
notice to the owner. The family must provide written notice to the PHA
at the same time the owner is notified.
*
The family must promptly give the PHA a copy of any owner eviction
notice.
*
The family must use the assisted unit for residence by the family.
The unit must be the family’s only residence.
*
The composition of the assisted family residing in the unit must
be approved by the PHA. The family must promptly notify the PHA in
writing of the birth, adoption, or court-awarded custody of a
child. The family must request PHA approval to add any other
family member as an occupant of the unit.
PHA Policy
The request to add a family member must be submitted in writing and
approved prior to the person moving into the unit. The PHA will
determine eligibility of the new member in accordance with the
policies in Chapter 3.
*
The family must promptly notify the PHA in writing if any family
member no longer lives in the unit.
*
If the PHA has given approval, a foster child or a live-in aide
may reside in the unit. The PHA has the discretion to adopt
reasonable policies concerning residency by a foster child or a
live-in aide, and to define when PHA consent may be given or
denied. For policies related to the request and
approval/disapproval of foster children, foster adults, and
live-in aides, see Chapter 3 (sections I.K and I.M), and Chapter
11 (section II.B).The family must not sublease the unit, assign
the lease, or transfer the unit.
PHA Policy
Subleasing includes receiving payment to cover rent and utility costs
by a person living in the unit who is not listed as a family member.
*
The family must supply any information requested by the PHA to
verify that the family is living in the unit or information
related to family absence from the unit.
*
The family must promptly notify the PHA when the family is absent
from the unit.
PHA Policy
Notice is required under this provision only when all family members
will be absent from the unit for an extended period. An extended
period is defined as any period greater than 30 calendar days. Written
notice must be provided to the PHA at the start of the extended
absence.
*
The family must pay utility bills and provide and maintain any
appliances that the owner is not required to provide under the
lease [Form HUD-52646, Voucher].
*
The family must not own or have any interest in the unit, (other
than in a cooperative and owners of a manufactured home leasing a
manufactured home space).
*
Family members must not commit fraud, bribery, or any other
corrupt or criminal act in connection with the program. (See
Chapter 14, Program Integrity for additional information).
*
Family members must not engage in drug-related criminal activity
or violent criminal activity or other criminal activity that
threatens the health, safety or right to peaceful enjoyment of
other residents and persons residing in the immediate vicinity of
the premises. See Chapter 12 for HUD and PHA policies related to
drug-related and violent criminal activity.
*
Members of the household must not engage in abuse of alcohol in a
way that threatens the health, safety or right to peaceful
enjoyment of the other residents and persons residing in the
immediate vicinity of the premises. See Chapter 12 for a
discussion of HUD and PHA policies related to alcohol abuse.
*
An assisted family or member of the family must not receive HCV
program assistance while receiving another housing subsidy, for
the same unit or a different unit under any other federal, state
or local housing assistance program.
*
A family must not receive HCV program assistance while residing in
a unit owned by a parent, child, grandparent, grandchild, sister
or brother of any member of the family, unless the PHA has
determined (and has notified the owner and the family of such
determination) that approving rental of the unit, notwithstanding
such relationship, would provide reasonable accommodation for a
family member who is a person with disabilities. [Form HUD-52646,
Voucher]
PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE
5-II.A. OVERVIEW
The PHA must establish subsidy standards that determine the number of
bedrooms needed for families of different sizes and compositions. This
part presents the policies that will be used to determine the family
unit size (also known as the voucher size) a particular family should
receive, and the policies that govern making exceptions to those
standards. The PHA must also establish policies related to the
issuance of the voucher, to the voucher term, and to any extensions of
the voucher term.
5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402]
For each family, the PHA determines the appropriate number of bedrooms
under the PHA subsidy standards and enters the family unit size on the
voucher that is issued to the family. The family unit size does not
dictate the size of unit the family must actually lease, nor does it
determine who within a household will share a bedroom/sleeping room.
The following requirements apply when the PHA determines family unit
size:
*
The subsidy standards must provide for the smallest number of
bedrooms needed to house a family without overcrowding.
*
The subsidy standards must be consistent with space requirements
under the housing quality standards.
*
The subsidy standards must be applied consistently for all
families of like size and composition.
*
A child who is temporarily away from the home because of placement
in foster care is considered a member of the family in determining
the family unit size.
*
A family that consists of a pregnant woman (with no other persons)
must be treated as a two-person family.
*
Any live-in aide (approved by the PHA to reside in the unit to
care for a family member who is disabled or is at least 50 years
of age) must be counted in determining the family unit size;
*
Unless a live-in-aide resides with a family, the family unit size
for any family consisting of a single person must be either a
zero- or one-bedroom unit, as determined under the PHA subsidy
standards.
PHA Policy
The PHA will assign one bedroom for each two persons within the
household, except in the following circumstances:
Persons of the opposite sex (other than spouses, and children under
age 5) will be allocated separate bedrooms.
Live-in aides will be allocated a separate bedroom.
Single person families will be allocated one bedroom.
The PHA will reference the following chart in determining the
appropriate voucher size for a family:
Voucher Size Persons in Household
(Minimum – Maximum)
1 Bedroom 1-2
2 Bedrooms 2-4
3 Bedrooms 3-6
4 Bedrooms 4-8
5 Bedrooms 6-10
5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS
In determining family unit size for a particular family, the PHA may
grant an exception to its established subsidy standards if the PHA
determines that the exception is justified by the age, sex, health,
handicap, or relationship of family members or other personal
circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not
limited to: A need for an additional bedroom for medical equipment
*
A need for a separate bedroom for reasons related to a family
member’s disability, medical or health condition
For a single person who is not elderly, disabled, or a remaining
family member, an exception cannot override the regulatory limit of a
zero or one bedroom [24 CFR 982.402(b)(8)].
PHA Policy
The PHA will consider granting an exception for any of the reasons
specified in the regulation: the age, sex, health, handicap, or
relationship of family members or other personal circumstances.
The family must request any exception to the subsidy standards in
writing. The request must explain the need or justification for a
larger family unit size and must include appropriate documentation.
Requests based on health-related reasons must be verified by a
knowledgeable professional source (e.g., doctor or health
professional), unless the disability and the disability–related
request for accommodation is readily apparent or otherwise known. The
family’s continued need for an additional bedroom due to special
medical equipment must be re-verified at annual reexamination.
The PHA will notify the family of its determination within 10 business
days of receiving the family’s request. If a participant family’s
request is denied, the notice will inform the family of their right to
request an informal hearing.
5-II.D. VOUCHER ISSUANCE [24 CFR 982.302]
When a family is selected from the waiting list (or as a special
admission as described in Chapter 4), or when a participant family
wants to move to another unit, the PHA issues a Housing Choice
Voucher, form HUD-52646. This chapter deals only with voucher issuance
for applicants. For voucher issuance associated with moves of program
participants, please refer to Chapter 10.
The voucher is the family’s authorization to search for housing. It
specifies the unit size for which the family qualifies, and includes
both the date of voucher issuance and date of expiration. It contains
a brief description of how the program works and explains the family
obligations under the program. The voucher is evidence that the PHA
has determined the family to be eligible for the program, and that the
PHA expects to have money available to subsidize the family if the
family finds an approvable unit. However, the PHA does not have any
liability to any party by the issuance of the voucher, and the voucher
does not give the family any right to participate in the PHA’s housing
choice voucher program [Voucher, form HUD-52646]
A voucher can be issued to an applicant family only after the PHA has
determined that the family is eligible for the program based on
verification of information received within the 60 days prior to
issuance [24 CFR 982.201(e)] and after the family has attended an oral
briefing [HCV 8-1].
PHA Policy
Vouchers will be issued to eligible applicants immediately following
the mandatory briefing.
The PHA should have sufficient funds to house an applicant before
issuing a voucher. If funds are insufficient to house the family at
the top of the waiting list, the PHA must wait until it has adequate
funds before it calls another family from the list [HCV GB p. 8-10].
PHA Policy
Prior to issuing any vouchers, the PHA will determine whether it has
sufficient funding in accordance with the policies in Part VIII of
Chapter 16.
If the PHA determines that there is insufficient funding after a
voucher has been issued, the PHA may rescind the voucher and place the
affected family back on the waiting list.
5-II.E. VOUCHER TERM AND EXTENSIONS
Voucher Term [24 CFR 982.303]
The initial term of a voucher must be at least 60 calendar days. The
initial term must be stated on the voucher [24 CFR 982.303(a)].
PHA Policy
The initial voucher term will be 60 calendar days.
The family must submit a Request for Tenancy Approval and proposed
lease within the 60-day period unless the PHA grants an extension.
Extensions of Voucher Term [24 CFR 982.303(b)]
The PHA has the authority to grant extensions of search time, to
specify the length of an extension, and to determine the circumstances
under which extensions will be granted. There is no limit on the
number of extensions that the PHA can approve. Discretionary policies
related to extension and expiration of search time must be described
in the PHA’s administrative plan [24 CFR 982.54].
PHAs must approve additional search time if needed as a reasonable
accommodation to make the program accessible to and usable by a person
with disabilities. The extension period must be reasonable for the
purpose.
The family must be notified in writing of the PHA’s decision to
approve or deny an extension. The PHA’s decision to deny a request for
an extension of the voucher term is not subject to informal review [24
CFR 982.554(c)(4)].
PHA Policy
The PHA will automatically approve one 30-day extensions upon written
request from the family.
The PHA will approve additional extensions only in the following
circumstances:
It is necessary as a reasonable accommodation for a person with
disabilities.
It is necessary due to reasons beyond the family’s control, as
determined by the PHA. Following is a list of extenuating
circumstances that the PHA may consider in making its decision. The
presence of these circumstances does not guarantee that an extension
will be granted:
Serious illness or death in the family
Other family emergency
Obstacles due to employment
Whether the family has already submitted requests for tenancy approval
that were not approved by the PHA
Whether family size or other special circumstances make it difficult
to find a suitable unit
Any request for an additional extension must include the reason(s) an
additional extension is necessary. The PHA may require the family to
provide documentation to support the request or obtain verification
from a qualified third party.
All requests for extensions to the voucher term must be made in
writing and submitted to the PHA prior to the expiration date of the
voucher (or extended term of the voucher). Requests submitted in an
email, will be accepted.
The PHA will decide whether to approve or deny an extension request
within 10 business days of the date the request is received and will
immediately provide the family written notice of its decision.
Suspensions of Voucher Term [24 CFR 982.303(c)]
The PHA must provide for suspension of the initial or any extended
term of the voucher from the date the family submits a request for PHA
approval of the tenancy until the date the PHA notifies the family in
writing whether the request has been approved or denied.
Expiration of Voucher Term
Once a family’s housing choice voucher term (including any extensions)
expires, the family is no longer eligible to search for housing under
the program. If the family still wishes to receive assistance, the PHA
may require that the family reapply, or may place the family on the
waiting list with a new application date but without requiring
reapplication. Such a family does not become ineligible for the
program on the grounds that it was unable to locate a unit before the
voucher expired [HCV GB p. 8-13].
PHA Policy
If an applicant family’s voucher term or extension expires before the
PHA has approved a tenancy, the PHA will require the family to reapply
for assistance.
Within 10 business days after the expiration of the voucher term or
any extension, the PHA will notify the family in writing that the
voucher term has expired and that the family must reapply when the
waiting list is open in order to be placed on the waiting list.
Page 5-18
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