Chapter 1 - San Diego Housing Commission

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Chapter 11 – Program Terminations and Program Integrity Unit [24 CFR Part 982, Subpart B, G, I & K] - The owner has violated any obligation under the HAP contract for the dwelling unit, including the owner’s obligations to maintain the unit to HQS, including any standards SDHC has adopted in this policy. - The owner has committed fraud, bribery or any other corrupt act in connection with any federal housing program. - The owner has engaged in drug trafficking. - 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 Section 8 assistance or leased under any other federal housing program. - 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. M. 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, SDHC will restrict the owner from future participation in the program. SDHC may also terminate some or all contracts with the owner. Before imposing any penalty against an owner SDHC 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. N. CHANGE IN OWNERSHIP A change in ownership or transfer of the HAP contract does not require execution of a new HAP contract. As a party to the HAP contract, SDHC may approve the reassignment of the HAP contract at the owner’s request. SDHC may deny assignment of the contract for any of the reasons listed in this chapter. SDHC may approve a change of property ownership upon the written request of the new owner accompanied by a copy of the closing escrow statement or other document(s) showing title to subject property. SDHC may not approve an assignment of the contract without the new payee’s completion of form “Assumption of Lease and Housing Assistance Payments Contract,” as well as the Internal Revenue Service Tax Form W-9. SDHC will provide the same name/tax identification number combination provided on Tax Form W-9 for income tax reporting purposes to the Internal Revenue Service. SDHC must receive in writing all requests to change the payee and/or the address to which HAP payment will be sent. In the event there is a disagreement between the owner and assignee (e.g. property manager, bank or other interested party) as to who should receive the HAP payment, SDHC shall withhold future payments until there is a court decision or mutual agreement between the owner and the assignee as to who shall receive the HAP payment. 11-11
Chapter 11 – Program Terminations and Program Integrity Unit [24 CFR Part 982, Subpart B, G, I & K] O. PAYMENT PLAN AGREEMENT FOR FAMILIES [24 CFR 982.552 (C)(1)(V-VII, 24 CFR 982.163] Active Participants A Payment Plan Agreement is a document entered into between SDHC and a person who owes a debt to SDHC. It details the nature of the debt, the terms of payment, any special provisions of the agreement and the remedies available to SDHC upon default of the agreement. SDHC will determine whether to enter into a Payment Plan Agreement with a family based on the circumstances surrounding the debt. SDHC will prescribe the terms of the Payment Plan Agreement. The monthly amount due for Payment Plan Agreements will be ten percent (10%) of the family’s gross monthly income. If ten percent (10%) of the family’s gross monthly income is less than $25, then the monthly amount due will be $25. A signed Payment Plan Agreement does not waive SDHC’s right to terminate housing assistance. Families who owe money to the SDHC will be required to repay in accordance with the Payment Plan Agreement. The family’s payment plan agreement may: - Require the family to pay the balance in full; and/or - Pursue civil collection of the balance due; and/or - Pursue tax set-off programs; and/or - Terminate the housing assistance. If the family requests to move, or is required to move by the owner, the family will be required to pay the balance in full or be in good standing with their Payment Plan Agreement prior to the issuance of a voucher unless they qualify for a hardship exemption and are not in violation of the lease. Families who owe SDHC money will not be allowed the ability to exercise Portability and move to jurisdictions outside of the City of San Diego. If the family is required to move due to an action by SDHC (mandatory move), the family will not be required to pay the balance in full prior to the issuance of a voucher. Prior Participants When it is determined that prior participants failed to comply with program regulations or reporting requirements causing payments on their behalf to which they were not entitled, they will be sent a notification of debts owed. The notification will provide the total amount owed to SDHC and the ability to dispute the amount within 30 days of the notice. In addition, the notification will offer a repayment agreement. No further action to collect on the debt will be taken when a repayment agreement is executed and payments are current. P. DEBTS DUE TO NON-REPORTING OR SUBSTANTIAL UNDER-REPORTING OF INFORMATION [24 CFR 982.163] When an income source is not reported by the participant or there is a substantial difference in the reported income information, the SDHC will take the following actions: - Request the tenant to provide any documentation to confirm or dispute the unreported or underreported income and/or income sources, and/or 11-12
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CHAPTER 1 - STATEMENT OF POLICIES A
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3. Veteran ________________________
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CHAPTER 5 - SUBSITY STANDARDS, VOUC
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CHAPTER 8 - ANNUAL REEXAMINATIONS A
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C. MOVING FORWARD: INSPECTIONS AND
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X. INFORMAL HEARING POLICY ________
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11. Utility Allowance _____________
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CHAPTER 15 - MOVING FORWARD: HOUSIN
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Chapter 1 - Statement of Policies a
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Chapter 2 - Waiting List, Admission
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Chapter 4 - Tenant Rent Calculation
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GR Glossary Gross Rent HAP Housing
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Glossary B. GLOSSARY OF TERMS IN SU
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Glossary CONGREGATE HOUSING Housing
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Glossary - A remaining member of a
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Glossary INITIAL RENT TO OWNER The
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Glossary OWNER Any persons or entit
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Glossary SUBSIDIZED PROJECT A multi
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Glossary meeting housing expenses,
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Chapter 1 - San Diego Housing Commission

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