Welcome to Your Housing Help Session!

2. Welcome to Your Housing Help Session! • Today’s Topics: • Notice PIH 2008-43 • Initial and receiving responsibilities • Billing deadlines • Portability denial

3. Welcome to Housing Help! • Upcoming topics for the occupancy series: • 5/15/09: Site-based waiting lists (PH) • 6/5/09: Owners in HCV • 6/12/09: PHAS for property staff

4. Portability

5. Overview • Portability definition: • Process of leasing or purchasing a dwelling unit with voucher tenant-based assistance outside of the jurisdiction of the PHA that initially issues the family its voucher

6. Portability • The family may move to any jurisdiction of a PHA with a tenant-based assistance program

7. Admission Administer Absorption Portability Terms • Initial PHA • Receiving PHA • Jurisdiction

8. Limitations • Doesn’t apply to project-based programs • Family may not move under portability if they moved out of the assisted unit in violation of lease • VAWA creates an exception • In order to protect the victim of domestic violence

9. Limitations • PHA may establish policy to prohibit moves during the initial lease term • PHA may prohibit more than one move (within and outside) of jurisdiction during any one year period

10. Residency Restriction • Special requirements for families where neither head or spouse had a legal residence in jurisdiction of initial PHA at time of original application

11. Residency Restriction • During the 12 month period from the time the family is admitted to the program . . . • Family may lease unit anywhere in IHA jurisdiction • Family does not have a right to portability • IHA may allow portability during this period but RHA must agree

12. Effect of Residency Restriction • Family lives in Charleston, applies for Jacksonville’s program, is placed on Jacksonville’s waiting list • While on list, family moves to Jacksonville and resides there when final eligibility is determined

13. Effect of Residency Restriction • Where may family lease for the first year? • Only in Jacksonville, unless • Both IHA and RHA agree to allow the port

14. Effect of Residency Restriction Lives in San Diego & applies Moves to LA Moves to SFO Top of SD WL Where may the family lease-up during the first year of rental assistance?

15. Where Family May Move • Receiving PHA must provide housing services for the family, if they have a tenant-based assistance program • Families limited to areas with a PHA with a tenant based program • If more than one PHA in area, IHA may designate the RHA

16. Income Limit Restrictions (New Admission) • Family must be income eligible in area of initial lease-up

17. Income Limit Restrictions (New Admission) • If PHA jurisdiction has more than one income limit area • For voucher issuance • Use highest income limit area to determine eligibility • For admission • Use actual income limit where family leases

18. Denying Portability Due to Insufficient Funding • New! Notice PIH 2008-43 • Published 12/3/08 • Updates PIH 2004-12 • Adds conditions for denials based on funding • Sanctions for improper denials

19. Denying Portability Due to Insufficient Funding • Port to higher cost area may only be denied if IHA would have to terminate HAP contract(s) of other families • Must be able to document • Spreadsheet available at http://www.hud.gov/offices/pih/programs/hcv

20. Denying Portability Due to Insufficient Funding • Before denying port, IHA must contact RHA to determine if RHA will absorb • If port denied, PHA may not admit any applicants until funding is sufficient for port • When funds are available, must promptly process port if family still wishes to move

21. Denying Portability Due to Insufficient Funding • Sanctions for improper port denials • Admin fee reduction up to 5% for 2 quarters • Additional remedial actions or sanctions may be imposed • Improper denial is a violation of program regulations

22. Income Limit Restrictionsfor Participants • Participants who exercise portability are NOT subject to RHA’s income limits

23. Responsibilities of the Family • Family must • Notify IHA where they intend to move • Promptly contact RHA and comply with RHA’s procedures • Submit RFTA during term of RHA’s voucher

24. Responsibilities of IHA • Advise the family how to contact the RHA • Name and phone # of the RHA person responsible for incoming portables • Don’t just refer the family to HUD’s website or provide the address

25. Responsibilities of IHA • Advise the family how to request assistance from the RHA • Information regarding voucher issuance procedures of RHA • HUD-52665 now has a line for name of the RHA to which family is referred

26. Responsibilities of IHA • Promptly notify the RHA to expect family • Phone, fax or e-mail RHA • Advise family to contact RHA promptly and comply with RHA procedures • If new admission, determine if income eligible at RHA • If not, disapprove move to that area

27. Review Portability Form • Portability billing form HUD-52665 • Link in your HHS e-mail

28. HUD-52665 Part 1 • Initial PHA Information and Certification 1. & 2. Head of Household name, SSN 3. thru 6. Voucher #, BR size, Issue date, Exp date 7. Date of last income examination 8. New admission annual income

29. HUD-52665 Part 1 9. Date initial billing to be received (60 days following IHA voucher expiration date) 10. 80% of IHA ongoing administrative fee 11. RHA to which the family has been referred

30. Responsibilities of IHAHUD-52665 Part 1 • Send documents to RHA (mail or fax): • Portability Form (HUD-52665),Part 1 completed • Copy of voucher • Current 50058 • For applicants, provide family and income information in format similar to HUD-50058 • Income verification

31. Responsibilities of IHA • Reimburse RHA for HAP payment • Pay RHA 80% of IHA’s ongoing admin fee • 80% of the administrative fee per unit cost as determined by HUD or • Some other negotiated amount if both PHAs agree

32. Responsibilities of IHA • Pay/reimburse RHA for other amounts due • Make payments per portability billing form and within required timeframes

33. Responsibilities of IHA • IHA may not terminate or delay making payments under existing portability billing arrangements due to: • Over-leasing or • Funding shortfalls

34. Responsibilities of IHA • IHA may only terminate HAP contracts for insufficient funds, to which it is a party • IHA may request that HUD transfer units from their ACC to the RHA’s ACC to eliminate portability billing arrangements

35. Responsibilities of RHA • RHA does not re-determine eligibility for a participant family • Wait list & preferences do not apply • Determine family unit size per RHA subsidy standard

36. Responsibilities of RHA • Promptly issue a voucher to the family • HUD expects issuance within 2 weeks of receiving form HUD-52665 and supporting documentation • If information is in order and family has contacted RHA

37. Responsibilities of RHA • RHA must refer family back to IHA if • Voucher has already expired when RHA receives portability paperwork • Family decides not to lease in RHA’s jurisdiction

38. Responsibilities of RHA • IHA voucher becomes voucher of record and any extension under these circumstances is at IHA’s discretion

39. Responsibilities of RHA • RHA may • Conduct new reexamination • Cannot delay issuing voucher/approving unit unless recert is determining income eligibility • Opt to screen applicants for suitability

40. Responsibilities of RHA • May delay approval of unit or issuance of voucher for non-compliance with RHA procedures (e.g. signing consent forms)

41. Responsibilities of RHA • Must offer informal review or hearing (CFR 982.554 and 982.555) if refusing to process or provide assistance under portability procedures • RHA voucher term cannot expire before IHA voucher

42. Pop Quiz • When a family is issued a voucher by the RHA and requests additional search time, which PHA decides whether or not to extend the voucher? A. Initial PHA B. Receiving PHA

43. Responsibilities of RHA • RHA must determine whether to extend the term of the voucher • May provide additional search time beyond the expiration date of the IHA voucher • Initially when RHA issues own voucher, or • Subsequently extend RHA voucher term • Extension is only valid in RHA’s jurisdiction

44. Responsibilities of RHA • RHA must • Notify IHA of any extension beyond IHA voucher term, and • Bill within the original deadline of the IHA voucher if not absorbing

45. Responsibilities of RHA • If portable family decides not to lease or wants to move to another jurisdiction • RHA does not issue voucher, but notifies IHA • IHA issues voucher and sends HUD-52665 and supporting documents to new RHA

46. Responsibilities of RHA • RHA must promptly notify IHA whether it will bill or absorb • If RHA decides to bill • Send copy of form HUD-50058 with HUD-52665 Part II completed

47. Responsibilities of RHA52665 Part II • Part II-A: RHA Certification • Family information • Voucher size per RHA subsidy standard • Certification that information is true and correct

48. Responsibilities of RHA52665 Part II • Part II-B: Family Status, Initial HAPC Execution, Billing Changes after HAPC Execution • Must complete and mail within 10 working days from • HAP contract execution, or • Effective date of billing amount change • Submitted only when amounts change

49. Responsibilities of RHA52665 Part II • Part II-B: • RHA may NOT agree to a different billing schedule with IHA • Form has not been corrected • All billing schedules must comply with PIH 2008-43

50. Responsibilities of RHA52665 Part II • Part II-B: • Family failed to submit RFTA; voucher expired • HAP contract executed, RHA absorbing eff: (date) • HAP contract executed eff: (date) • RHA administering • Form HUD-50058 attached; part 9 of 52665 completed