2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

More documents

Recommendations

Info

XVI. CHAPTER 16-OWNER DISAPPROVAL AND RESTRICTION A. INTRODUCTION It is the policy of the PHA to recruit owners to participate in the voucher program. The PHA will provide owners with prompt and professional service in order to maintain an adequate supply of available housing throughout the jurisdiction of the PHA. The regulations define when the PHA must disallow an owner’s participation in the program, and they provide the PHA discretion to disapprove or otherwise restrict the participation of owners in certain categories. This chapter describes the criteria for owner disapproval, and the various penalties for owner violations. B. DISAPPROVAL OF OWNER [24 CFR 982.306, 982.54(d)(8)] The owner does not have a right to participate in the program. For purposes of this section, "owner" includes a principal or other interested party. The PHA may disapprove the owner for the following reasons: HUD or other agency directly related has informed the PHA that the owner has been debarred, suspended, or subject to a limited denial of participation under 24 CFR part 24. HUD has informed the PHA that the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other Federal Equal Opportunity requirements and such action is pending. HUD has informed the PHA that a court or administrative agency has determined that the owner has violated the Fair Housing Act or other Federal Equal Opportunity requirements. Unless their lease was effective prior to June 17, 1998, the owner may not be a parent, child, grandparent, grandchild, sister or brother of any family member. The PHA will waive this restriction as a reasonable accommodation for a family member who is a person with a disability. The PHA may, at its discretion, require the family and or owner to certify whether they are related to each other in any way. The owner has violated obligations under a Housing Assistance Payments contract under HCVP of the 1937 Act (42 U.S.C. 1437f). The owner has committed fraud, bribery or any other corrupt act in connection with any Federal housing program. The owner has engaged in drug-related criminal activity or any violent criminal activity. The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs or with applicable housing standards for units leased with project-based Copyright 2000 by Nan McKay & Associates To be printed only with permission of Nan McKay & Associates Unlimited copies may be made for internal use Approved by CMHA Board of Commissioners October 3, 2012 137 | P a g e
HCVP assistance or leased under any other Federal housing program. The owner has a history or practice of renting units that fail to meet HQS, State or local housing codes. The owner has a history or practice of failing to terminate tenancy of tenants who reside in units assisted under HCVP or any other Federally assisted housing program for activity by the tenant, any member of the household, a guest or another person under the control of any member of the household that: Threatens the right to peaceful enjoyment of the premises by other residents; Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in management of the housing; Threatens the health or safety of, or the right to peaceful enjoyment of their residences, by persons residing in the immediate vicinity of the premises; or Is drug-related criminal activity or violent criminal activity. The owner has not paid State or local real estate taxes, fines or assessments. The owner has failed to comply with regulations, the mortgage or note, or the regulatory agreement for projects with mortgages insured by HUD or loans made by HUD. The owner has engaged in or threatened abusive or violent behavior toward PHA personnel. Owners will be permanently terminated from participation in the Housing Choice Voucher Program (HCVP) as owner or agent of an owner if indicted for mortgage fraud as follows: 24CFR 982.306(2) The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program, specifically mortgage fraud. C. OWNER RESTRICTIONS AND PENALTIES [24 CFR 982.453] If an owner has committed fraud or abuse or is guilty of frequent or serious contract violations, the PHA may restrict the owner from future participation in the program for a period of time commensurate with the seriousness of the offense. The PHA may also terminate some or all contracts with the owner. Before imposing any penalty against an owner the PHA will review all relevant factors pertaining to the case, and will consider such factors as the owner's record of compliance and the number of violations. See Program Integrity (Chapter 22) for guidance as to how owner fraud will be handled. D. CHANGE IN OWNERSHIP A change in ownership requires assumption of the existing contract. The PHA will process a change of ownership only upon the written request of the new owner and only if accompanied by a W-9, CMHA Landlord Certification form, and CMHA Transfer of Copyright 2000 by Nan McKay & Associates To be printed only with permission of Nan McKay & Associates Unlimited copies may be made for internal use Approved by CMHA Board of Commissioners October 3, 2012 138 | P a g e
Page 1 and 2:
CUYAHOGA METROPOLITAN HOUSING AUTHO
Page 3 and 4:
J. INELIGIBLE FAMILIES.............
Page 5 and 6:
E. ASSISTANCE TO FAMILIES WHO CLAIM
Page 7 and 8:
I. MISREPRESENTATION IN COLLUSION W
Page 9 and 10:
Copyright 2000 by Nan McKay & Assoc
Page 11 and 12:
24 CFR Part 5: General Program Requ
Page 13 and 14:
1. Objective I: Outreach to Low-Inc
Page 15 and 16:
Once the person's status as a quali
Page 17 and 18:
4. Utility Allowance Schedule 5. HQ
Page 19 and 20:
and by other suitable means. Notice
Page 21 and 22:
Page 23 and 24:
placement in foster care shall not
Page 25 and 26:
Which of the two new family units h
Page 27 and 28:
considered individually before the
Page 29 and 30:
If the family has engaged in or thr
Page 31 and 32:
evidence that the members of the ho
Page 33 and 34:
Page 35 and 36:
3) The public notice must state any
Page 37 and 38:
information is complete. The interv
Page 39 and 40:
The following are examples of types
Page 41 and 42:
The residency preference is require
Page 43 and 44:
A point system will be used to prio
Page 45 and 46:
Owners of Mod Rehab properties can
Page 47 and 48:
Space may be provided for a child w
Page 49 and 50:
HQS GUIDELINES FOR UNIT SIZE SELECT
Page 51 and 52:
4) Child Care Expenses: Deducted fo
Page 53 and 54:
income. Therefore, for disabled fam
Page 55 and 56:
A student (other than the head of h
Page 57 and 58:
If the absence which resulted in te
Page 59 and 60:
K. REMOVAL OF SPOUSE FROM FAMILY UN
Page 61 and 62:
Nonprescription medicines will be c
Page 63 and 64:
Verification Before Denying a Reque
Page 65 and 66:
Written Third Party Verification (T
Page 67 and 68:
The PHA will obtain written verific
Page 69 and 70:
3) Documents such as manifests, app
Page 71 and 72:
Acceptable verification may include
Page 73 and 74:
Attendant Care: 1) Attendant's writ
Page 75 and 76:
Verification of Citizenship/Eligibl
Page 77 and 78:
J. CERTIFICATION OF DOMESTIC VIOLEN
Page 79 and 80:
2. Mover Briefings Briefings are co
Page 81 and 82:
20) Agent form. 21) W-9 form for la
Page 83 and 84:
new families cannot agree as to whi
Page 85 and 86:
In addition to the above, at the ti
Page 87 and 88: domestic violence, dating violence,
Page 89 and 90: name and address of the landlord at
Page 91 and 92: Copyright 2000 by Nan McKay & Assoc
Page 93 and 94: after the family and owner submit a
Page 95 and 96: . Must have a toilet and a fixed wa
Page 97 and 98: Exceptions may be made for multi-fa
Page 99 and 100: K. DETERMINATION OF RESPONSIBILITY
Page 101 and 102: The PHA will not approve a lease un
Page 103 and 104: Housing Assistance Payments, termin
Page 105 and 106: easonable accommodation for a perso
Page 107 and 108: If the review indicates there is an
Page 109 and 110: G. NOTIFICATION OF RESULTS OF RECER
Page 113 and 114: D. PROCEDURE FOR MOVES [24 CFR 982.
Page 115 and 116: If the family leases up successfull
Page 119 and 120: During the term of the lease the ow
Page 121 and 122: actual or threatened domestic viole
Page 123 and 124: Requirement to Deny Admission or Te
Page 125 and 126: control, shall not be cause for ter
Page 127 and 128: The PHA prohibits admission if any
Page 129 and 130: PHA must provide the subject of the
Page 131 and 132: accomplished. D. FAMILY OBLIGATIONS
Page 133 and 134: Lease Violations The following crit
Page 135 and 136: G. ZERO ($0) ASSISTANCE TENANCIES T
Page 137: Copyright 2000 by Nan McKay & Assoc
Page 143 and 144: the HAP contract. Separate agreemen
Page 147 and 148: If the family requests a move to an
Page 149 and 150: The family is given the opportunity
Page 151 and 152: Determination that a unit is not in
Page 153 and 154: When the PHA receives a request for
Page 155 and 156: Within 15 days, the PHA shall send
Page 159 and 160: C. CONGREGATE/SHARED HOUSING Descri
Page 161 and 162: “Qualifying families” means eld
Page 163 and 164: ecomes aware the unit is vacant) S
Page 165 and 166: Administrative Plan. Families must
Page 167 and 168: o The unit meets HUD Housing Qualit
Page 169 and 170: The family must comply with the fol
Page 171 and 172: the PHA determines that it does not
Page 173 and 174: 3) CMHA will retain all records lon
Page 175 and 176: ecords, the intended date of the di
Page 177 and 178: 08-25 Rent Increase Determination 0
Page 179 and 180: 08-60 Damage Claim 08-61 Quarterly
Page 181 and 182: 08-103 Applicant Files- Denied Reta
Page 183 and 184: XXII. PROGRAM INTEGRITY A. INTRODUC
Page 185 and 186: E. THE PHA'S HANDLING OF ALLEGATION
Page 187 and 188: J. EVALUATION OF THE FINDINGS If it
Page 189 and 190:
A secondary purpose of the Case Con
Page 191 and 192:
XXIII. GLOSSARY A. ACRONYMS USED IN
Page 193 and 194:
TR TTP UA UIV URP Tenant Rent Total
Page 195 and 196:
COMMON SPACE. In shared housing: Sp
Page 197 and 198:
ELDERLY HOUSEHOLD. A family whose h
Page 199 and 200:
FMR/EXCEPTION RENT. The fair market
Page 201 and 202:
IMPUTED WELFARE INCOME. An amount o
Page 203 and 204:
MINOR. A member of the family house
Page 205 and 206:
PUBLIC HOUSING AGENCY (PHA). PHA in
Page 207 and 208:
another person; and in the course o
Page 209 and 210:
soon as s/he learns of the vacancy,
Page 211:
SECTION 214. Section 214 restricts
show all

2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

Create successful ePaper yourself

Delete template?

Save as template?