Housing Manual Updated 2014 03 19
Housing Manual Updated 2014 03 19 Community Partnership of Southern Arizona 4575 E. Broadway Blvd. Tucson, AZ 85711 (520) 325-4268 http://www.cpsaArizona.org/ Housing Manual Table of Contents Chapter 1 - Overview ...................................................................................................... 2 Chapter 2 - Determining Participant Eligibility ................................................................. 4 Chapter 3 -The Application Process .............................................................................. 10 Chapter 4 – Getting a Participant into Housing ............................................................. 13 Chapter 5 – Project Bienestar is a Leasing Program..................................................... 18 Chapter 6 - Exiting a Housing Program ......................................................................... 20 Chapter 7 – Housing Liaison Responsibilities ............................................................... 22 Chapter 8 – Requests for Payment (Billing) .................................................................. 26 Chapter 9 – Helpful Information .................................................................................... 28 1 Housing Manual OVERVIEW Chapter 1 - Overview The purpose of this manual is to educate Housing Liaisons regarding delivery of housing services in compliance with regulations established by: • the Office of Housing and Urban Development (HUD), including • the Stewart B. McKinney-Vento Act, as amended by the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act, • CoC Program interim rule (24CFR part 578), and • Fair Housing Acts (42 U.S.C. 3601-19). Community Partnership of Southern Arizona (CPSA) is responsible for ensuring that provider agencies delivering subcontracted services operate in full compliance with these regulations. Programs Covered by This Manual The requirements described in this manual apply to the HUD funded programs listed below, which are administered by CPSA. For guidance with other CPSA administered programs contact a CPSA Housing Representative. In Pima County • • • • • • Frontiers Project Pathways SHP Shelter Plus Care TRA Pima Shelter Plus Care 2 Shelter Plus Care 3 Project Bienestar In Southeastern Arizona • • • Casas Primeras Hogar Shelter Plus Care Rural Program grant funds are to be used for rental assistance (and supportive services for Frontiers) for permanent housing for homeless persons with disabilities. Match is required and should be provided through appropriate support services. The primary purpose of permanent housing administered by CPSA is to serve disabled persons experiencing homelessness who: • are seriously mentally ill, • have chronic problems with alcohol and/or drugs, or • have acquired immunodeficiency syndrome and related diseases (HIV/AIDS). 2 Housing Manual OVERVIEW Assistance in these permanent supportive housing programs is provided to help persons experiencing homelessness meet three overall goals: • achieve residential stability, • increase their skill levels and/or incomes, and • obtain greater self-determination (i.e., more influence over decisions that affect their lives). 3 Housing Manual ELIGIBILITY Chapter 2 - Determining Participant Eligibility When an applicant is seeking housing, verify immediately that the person meets the basic eligibility requirements as indicated in the descriptions that follow. Note: All housing participants must be able to live independently with supportive services, and sign a lease in their own name. HUD Homeless Definitions CPSA administered permanent housing programs are for participants who meet HUD’s Literally Homeless or Chronically Homeless definition. Applicants who meet the definition of Chronically Homeless have priority over other applicants. All qualifying participants must also have a disability. Definitions of the terms Literally Homeless, Chronically Homeless and Disability follow. Category 1 (Literally Homeless) An individual or family in which one adult has a disabling condition and lacks a fixed, regular, and adequate nighttime residence, meaning: i. Has a primary nighttime residence that is a public or private place not means for human habitation (including car, park, abandoned building, bus or train station, airport, or camping ground); ii. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or iii. Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. NOTE: Individuals or families coming from transitional housing must have proof of originally coming from the streets or emergency shelter. Chronically Homeless (1) A “chronically homeless” person is an unaccompanied homeless individual with a disabling condition who: i. Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and ii. Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last 3 years. 4 Housing Manual ELIGIBILITY (2) An individual with a disabling condition who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or (3) A family with a family member who meets all of the criteria in paragraph (1) of this definition, including a family whose composition has fluctuated while the head of household has been homeless. Disability A person shall be considered to have a disability if such person has a physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration; substantially impedes his or her ability to live independently; and is of such nature that such ability could be improved by more suitable housing conditions. Written documentation that a person’s disability meets the program definition must come from a credentialed psychiatric or medical professional trained to make such a determination. The possession of a title such as case manager or substance abuse counselor does not qualify a person to make that determination. Eligibility: Medical Vulnerability and Chronic Homelessness It is important to note that if there is more than one person waiting to apply for a housing vacancy, those with the highest medical vulnerability acuity take precedence over other potential applicants. Chronic homelessness is to be part of the vulnerability assessment, thus those experiencing chronic homelessness should be housed before those without it. Eligibility and Housing FIRST The premise of Housing FIRST is that housing will improve tenant health, social standing, and the use of primary care and outpatient services and reduce utilization of hospitals, jails, and emergency services. At its heart, Housing FIRST claims that Housing is health care. Housing FIRST Programs Have 6 Critical Elements • Move people into housing directly from streets and shelters without preconditions of treatment acceptance or compliance. • The provider is obligated to bring robust support services to the housing. These services are predicated on assertive engagement, not coercion. • Continued tenancy is not dependent on participation in services. • Units targeted to most disabled and vulnerable homeless members of the community. 5 Housing Manual ELIGIBILITY • Embrace a harm reduction approach to addictions rather than mandating abstinence. At the same time, the provider must be prepared to support resident commitments to recovery. • Residents must have leases and tenant protections under the law. Eligibility: CPSA HUD CoC Housing in Pima County Frontiers Project Started in June 2011, this housing project receives its funding through HUD Continuum of Care (CoC). There are approximately 22 units of housing in this project. Tenant supportive services are provided by Open Inn in coordination with the participant’s Comprehensive Service Provider (CSP). Eligibility information: The qualifying participant must be a young adult CPSA member (between the ages 18-24) with a serious mental illness (SMI) or disabling substance use disorder (SUD). Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. The participant must allow Open Inn to participate on their ART. Individuals only. There is only 1 unit available for a family. Pathways Supported Housing Program (Pathways SHP) Started in 2001, this housing project receives its funding through a HUD Continuum of Care (CoC) City of Tucson grant. There are approximately 6 units of housing in this project. Tenant supportive services are provided by La Frontera Center. Eligibility information: The head of household must have a serious mental illness (SMI) and be a La Frontera member. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Individuals only. Shelter Plus Care Tenant Based Rental Assistance (SPC TRA Pima) Started in 1995, this housing project receives its funding through a HUD Continuum of Care (CoC) Arizona Department of Housing grant. There are approximately 112 units of housing in this project. Tenant supportive services are provided by COPE, CODAC, and La Frontera Center. 6 Housing Manual ELIGIBILITY Eligibility information: The qualifying participant must have a serious mental illness (SMI) and be a COPE, CODAC, or La Frontera member. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Individual or family. Shelter Plus Care II (SPC 2) Started in 1998, this housing project receives its funding through HUD Continuum of Care (CoC) via the City of Tucson. There are approximately 65 units of housing in this project. Tenant supportive services are provided by COPE and CODAC. Eligibility information: The qualifying participant must have a serious mental illness (SMI) and be a COPE or CODAC member. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Individual or family. Shelter Plus Care III (SPC 3) Started in 2004, this housing project receives its funding through HUD Continuum of Care (CoC) via the City of Tucson. There are approximately 35 units of housing in this project. Tenant supportive services are provided by La Frontera Center. Eligibility information: The qualifying participant must have a serious mental illness (SMI) or a disabling substance use disorder, and be a La Frontera member. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Individual or family. Project Bienestar Started in 2013, this housing project receives its funding through HUD. There are approximately 45 units for individuals and families in this project. Tenant supportive services to be provided by CODAC, Compass-SAMHC and Southern Arizona AIDS Foundation (SAAF). 7 Housing Manual ELIGIBILITY Eligibility information: The qualifying participant must be an adult who has been determined to be disabled by HIV/AIDS, serious mental illness (SMI), substance use disorder (SUD) or a combination of these and other disabilities. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Individual or family. Eligibility: CPSA HUD CoC Housing in Southeastern Arizona Casas Primeras (Cochise Co.) Started in 2007, this housing project receives its funding through HUD Continuum of Care (CoC). There are approximately 22 units in this project. Tenant supportive services are provided by a GSA 3 supportive service provider and Compass-SAMHC. Eligibility information: The individual must have a serious mental illness (SMI) or a substance use disorder (SUD), and be a Cenpatico member. Participants must be chronically homeless as determined by HUD Guidelines. Unaccompanied individuals only. Hogar (Cochise and Santa Cruz Cos.) Started in 2004, this housing project receives its funding through HUD Continuum of Care (CoC). There are approximately 16 units in this project. Tenant supportive services are provided by a GSA 3 supportive service provider and Compass-SAMHC. Eligibility information: The qualifying participant must have a serious mental illness (SMI) and be a Cenpatico member. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Unaccompanied individuals preferred. Shelter Plus Care Rural (SPCR) (Cochise, Santa Cruz, Graham, and Greenlee Cos.) Started in 2004, this housing project receives its funding through HUD Continuum of Care (CoC). There are approximately 34 units in this project. Tenant supportive services are provided by a GSA 3 supportive service provider and Compass-SAMHC. 8 Housing Manual ELIGIBILITY Eligibility information: The qualifying participant must have a serious mental illness (SMI) or a substance use disorder (SUD), and be a Cenpatico member. Participants must be Literally Homeless (Category 1) as determined by HUD Guidelines. Priority is given to individuals who are chronically homeless and at the top of the agency’s Medical Vulnerability list. Individual or family. Documents Needed for Basic Eligibility If the applicant seeking housing meets homeless eligibility requirements, obtain third party verification documents described in the table below. Once basic eligibility has been verified the Housing Liaison may proceed with the rest of the application process, which is described in the next chapter of this manual. Condition Document(s) Needed Serious Mental Illness (SMI) diagnosis Provider Manual Form 3.10.1 SMI Determination SUD disability letter from a state licensed qualified health care professional or certified substance abuse counselor that identifies the impairment, why it is expected to be of long-continued or indefinite duration, how it impedes the individual’s ability to live independently, and how the individual’s ability to live independently could be improved by more suitable housing conditions. Substance Use Disorder (SUD) diagnosis HIV/AIDS diagnosis For Further Information Refer To Medical disability letter from a state licensed qualified health care professional that identifies AIDS or related conditions. 9 Provider Manual, section 3.10 How to Demonstrate Eligibility for the Permanent Housing Component on the HUD One CPD Resource. Also go to the Housing Forms section of the CPSAArizona website and refer to the SUD Disability Letter (example) linked there. How to Demonstrate Eligibility for the Permanent Housing Component on the HUD One CPD Resource. Housing Manual APPLICATIONS Chapter 3 -The Application Process This chapter explains application procedures, including intake/screening, proper calculation of household income and authorization by CPSA Housing. Intake/Screening Once a participant has met eligibility requirements, an application packet is completed with the individual. Application packets must be completed and dated within 30 days prior to submittal to CPSA Housing for approval. For guidance regarding which forms to complete and what documentation to submit, see Checklist - Initial Application. Other necessary forms utilized in the application process are listed in the Housing Forms section of the CPSAArizona website, under Intake/Screening. Housing Liaisons must include a copy of a signed Program Agreement with the application packet. Program Agreements are unique to each agency and describe some of the requirements for participation in the housing program. Requirements for participation may not contradict the premises of Housing First. If there are other family members in the household, enrollment forms must also be completed for each member: • Additional Adult in Household, or • Additional Child in Household Calculating Income Proper calculation of applicant household income is needed in order to determine the correct amount of rental assistance. The Tenant Income Certification must be completed when calculating income. In order for the Housing Liaison to accurately calculate household income, verification of income, assets, and allowances must be obtained. All income and expense verification must be current within 90 days of any Tenant Income Certification date. Acceptable forms of verification include: • Six (6) weeks’ worth of employment pay stubs (for example, six stubs if individual is paid weekly; three stubs if individual is paid every two weeks); • Employment Verification completed by the employer including hours per pay period, pay rate and pay check frequency; • SSI/SSDI award letter (all pages of the letter are required); • Bank statements; • Medical expenses/bills (See Medical Expense Allowances & Worksheet); • Public assistance verification document(s); and 10 Housing Manual • APPLICATIONS Letter(s) from a family member indicating the amount of monthly financial support given to the participant. Child Care Expenses When calculating participant income, child care expenses can be deducted in full given the following conditions: • The child or children are under 12 years old; • The participant is employed or enrolled in school while the dependent is receiving care; • The amount deducted as a child care expense is necessary for the participant to work or attend school and does not exceed the amount earned; and • The participant is not already reimbursed for this expense. If the applicant pays for child care for an eligible dependent through a program fee, the amount of the fee paid should be deducted. Proof of the expense and the child’s age is necessary to receive the deduction. Proof must be in the form of a letter on childcare facility letterhead or notarized statement from a private provider. A birth certificate is necessary for proof of a child’s age. Medical Expenses Medical expense allowance is given for all unreimbursed family medical expenses in excess of 3% of the annual income. To be eligible, medical expenses must be 3rd party verified. An allowance is given for: • Expenses that are not covered by insurance or other sources and are anticipated to be incurred during the 12 months following the household’s certification or recertification; and • Medical insurance premiums such as Medicare deductions (Medicare deductions are shown on Social Security award letter) are included. Medical expenses may be calculated using the following steps. 1. First calculate 3% of annual income. If 3% of annual income is less than the medical expense, an allowance can be given. If not, the family does not qualify for an allowance. If the family does not qualify, do not proceed to step 2. 2. Next, subtract the 3% from the annual medical expense total. The resulting difference is the deduction to be given on the certification or recertification of annual income. For detailed instructions including a list of eligible and ineligible medical expenses, preferred 3rd party verification and a worksheet for calculating the allowable medical deduction, see Medical Expense Allowances & Worksheet and Medical Expenses Certification. 11 Housing Manual APPLICATIONS Authorization by CPSA Upon completion of the application packet, submit a copy of all application materials to CPSA Housing. The application documentation must be complete and signed by the Housing Liaison as well as the applicant. The Housing Liaison will receive either an approval or denial letter within 2 working days of CPSA’s receipt of the packet. Once the Housing Liaison receives an approval notice from CPSA, the Housing Liaison will provide the applicant with a Notice of Acceptance. After the participant identifies a unit, a two-page Rent Reasonable Certification form must be completed by the landlord and submitted to CPSA Housing. CPSA will verify the unit is rent reasonable and a Housing Quality Standards (HQS) inspection will be scheduled. Housing participants may not move in to a unit before the unit passes an HQS inspection and the lease is signed. Provider agencies will not be reimbursed for rental assistance prior to: • The CPSA application approval date; • A Rent Reasonable Certification; • A passing HQS inspection; • The date of the signed lease; and • CPSA receipt of completed paperwork including a copy of the signed lease. 12 Housing Manual OBTAINING HOUSING Chapter 4 – Getting a Participant into Housing Housing Liaisons must understand several things in order to administer rental assistance. All leases for new units must be one year and renewable at least month-to-month. Selecting a Tenant-based Unit Tenant-based units are scattered sites in the community, chosen by the tenant (participant). The tenant must hold the lease for the unit in his/her name. Housing Liaisons are expected to assist the participant in locating and securing a housing unit of his/her choice that: • Accepts rental assistance, • Is rent reasonable, • Does not exceed Fair Market Rent (FMR) for the area, and • Meets Housing Quality Standards. Selecting a Sponsor-based Unit Sponsor-based units are units located in one or more apartment complexes. The leases for these units are held by the provider. Sometimes the property management may accept the individual(s) assigned to a unit without completing a background check. Participants in sponsor-based units enter into a participation agreement with the provider. Determining Tenant Payment The amount of rent a participant pays is determined by the U.S. Housing Act of 1937. Each participant must pay rent in accordance with Section 3 (a) (1) of the U.S. Housing Act of 1937, which is the highest of: • Thirty percent of the family’s gross monthly income minus adjustments (adjustment factors include the number of people in the family, age of family members, medical expenses, and child care expenses); or • Ten percent of the family’s gross monthly income; or • If the family is receiving payments for TANF assistance from a public agency and a part of the payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by the agency to meet the family’s housing costs. • Rent concessions given by landlords are to be split 50-50 between the program grant assistance and the tenant rent, unless the tenant rent is zero. When the tenant rent is zero, the entire concession is applied to the grant assistance. 13 Housing Manual OBTAINING HOUSING Fair Market Rent (FMR) Fair Market Rent refers to the market value of a unit as determined by HUD. HUD publishes its Fair Market Rent information annually on October 1st. For a copy of the local FMRs refer to the Fair Market Rents document in Housing Forms section of CPSAArizona website. All housing program unit expenses (rent and utilities) must fall within the FMR for the local area. If the FMR for the local area drops below what it was the previous year, it may be necessary for the Housing Liaison and/or CPSA HQS inspector to negotiate with the landlord to lower a unit’s rent. What if Unit Rent is Going Up, but is Still within the FMR Rental assistance may not be increased without completion of a Rent Reasonable Certification and authorization prior to signing of a new lease. Authorization must be obtained from CPSA Housing. Housing Liaisons must forward copies of completed Rent Reasonable Certification paperwork to CPSA along with monthly billing. Rent increases will not be paid by the grant prior to the date that the increase approval was requested from CPSA. Housing Liaisons must send a Rent Reasonable Certification (RRC) to the landlord to complete. The landlord submits the completed RRC to the Housing Liaison who checks it for completeness before forwarding to CPSA Housing to initiate the inspection. Rent Reasonable Certifications for renewal of leases and rent increases are submitted PRIOR to the renewal date of the lease. Determination of Rent and Utilities A unit’s rent plus utilities must not exceed the Fair Market Rent (FMR) without prior approval from CPSA *. If the landlord does not include the cost of some or all utilities in the monthly rent, the participant receives a utility allowance †. The utility allowance schedule is determined by the local Public Housing Authority (PHA). See the Housing Forms section of the CPSAArizona website for the utility allowance schedules. Call CPSA Housing if you need technical assistance with determining rent payment. The provider agencies are responsible for reimbursing the tenant or paying the utility company the allocated utility allowance amount on a monthly basis‡. If a tenant’s date of move-in is mid-month, the rent and utilities are pro-rated. See Pro-rated Rents. If the tenant vacates during the month, he/she must pay his/her entire portion of rent and should receive the entire utility allowance unless other arrangements are approved in advance. * Bienestar rents may never exceed Fair Market Rent (FMR). Bienestar is an exception. Bienestar is a leasing program and its funds cannot pay for utilities, except those included in the rent. There are no utility allowances in Bienestar. ‡ Same as above. † 14 Housing Manual OBTAINING HOUSING Rent Reasonableness Once a unit is identified, a Rent Reasonable Certification form is completed and submitted to CPSA Housing. See the Housing Forms section of the CPSAArizona website for a copy of the Rent Reasonable Certification form. HUD will only provide rental assistance for a unit that is deemed rent reasonable. Factors that determine rent reasonableness include the location, size, type, quality, amenities, facilities and management/maintenance of the unit. The assigned HQS Inspector will determine rent reasonableness: • on initial and yearly inspection, • at renewal of a lease, • when a rent increase is requested, • when there is a 5% decrease in the published Fair Market Rent (FMR), or • when directed to do so by HUD or CPSA. The unit rent, including utilities, must not be in excess of rent for comparable unassisted units in the area. Housing Quality Standards (HQS) The following policy and procedure applies to CPSA and Compass-SAMHC inspections. A1. HQS Initial Inspections a. Housing selected for rental assistance must meet the applicable Housing Quality Standards (also see HUD Guidelines 24 CFR 882.803(b) before any rental assistance is provided or the participant can sign the lease and move in. The inspector will give the Housing Liaison and landlord notice of the date and time of the initial inspection. The inspector will inspect the vacant unit in the presence of the landlord. The presence of the Housing Liaison and family is permitted but is not required. b. The inspector will complete the initial inspection, determine whether the unit satisfies HQS and notify the owner and Housing Liaison of the determination within 15 days of submission of the Rent Reasonable Certification form, or 15 days from the date the unit is ready for inspection. A2. Inspection Results a. The inspector will notify the Housing Liaison in writing of the results of all initial inspections within 5 business days of the inspection. When a unit fails the HQS inspection both the landlord and Housing liaison will be notified of the deficiencies and a time frame in which to correct them. No more than 30 days will be allowed for corrections. b. Once the deficiencies have been corrected, the landlord may contact the inspector and schedule a re-inspection. c. If the deficiencies are not corrected within 30 days or the unit fails HQS at the time of the re-inspection, the inspector will notify the Housing Liaison that the unit has been rejected and that the family must search for another unit. 15 Housing Manual OBTAINING HOUSING B1. HQS Annual Inspections a. HQS inspections are conducted annually within a minimum of 30 days of the inspection date from the previous year. The Housing Liaison is responsible for notifying the tenant in writing at least 48 hours in advance of the date and time for an Annual Inspection. The tenant and Housing Liaison are both required to be present at the inspection. The presence of the landlord is encouraged but not required. b. If the tenant is not able to be present on the scheduled date the tenant may provide written permission to the Housing Liaison and/or Landlord allowing entry to the unit or the Housing Liaison may request that the inspector reschedule the inspection. The inspector and the Housing Liaison will agree on a new inspection date that generally will take place within 5 business days of the originally-scheduled date. c. If a tenant misses the first scheduled inspection without requesting a new inspection date, the inspector will automatically schedule a second inspection. If the unit is unavailable on 2 consecutive scheduled inspections, the inspector will consider the tenant and Service Provider to have violated its obligation to make the unit available. This will result in the termination of rental assistance as of the end of the following month. The Service Provider is responsible for assisting the family to remain in safe, decent, affordable housing. B2. Inspection Results a. The inspector will notify the Housing Liaison in writing of the results of all annual inspections within 5 business days of the inspection. b. When life threatening conditions are identified, the inspector will immediately notify the Housing Liaison, the tenant and landlord. The notice will specify who is responsible for correcting the violations. The corrective action must be taken within 24 hours of the inspector’s notice. The Housing Liaison or landlord should call the inspector and set a time to re-inspect the unit within the 24 hours period. c. When failures that are not life threatening are identified, the written notice will specify who is responsible for correcting the violations, and the time frame within which the failure must be corrected. Not more than 30 days will be allowed for corrections. The Housing Liaison is responsible for notifying the tenant and landlord of the deficiencies and for following up to ensure the corrections are completed prior to re-inspecting the unit. The inspector will conduct the re-inspections immediately following the end of the corrective period or at the earliest time after the deficiencies have been reported as corrected. d. If the violations are not corrected within the specified time frame or the unit fails HQS re-inspection, the inspector will notify the Housing Liaison in writing that the unit has been rejected. This will result in the termination of rental assistance for that unit as of the end of the following month. The Service Provider is responsible for assisting the family to remain in safe, decent, affordable housing. 16 Housing Manual OBTAINING HOUSING C1. HQS Special Inspection a. The inspector will conduct a special inspection if the owner, family, or other source reports HQS violations in the unit. During the special inspection the inspector generally will inspect only those deficiencies that were reported. However, the inspector will record any additional HQS deficiencies that are observed and will require the responsible party to make necessary repairs. Note: See section B2 b - c for inspection result procedures. C2. Pass with Comment a. The inspector may pass a unit where it is determined that the deficiencies are minor. In such cases the deficiencies are to be corrected within 30 days. The Housing Liaison is responsible for ensuring the deficiency is corrected and submit proof of completion to CPSA. A copy of the written work order and statement from the landlord or Housing Liaison stating the deficiencies have been completed is sufficient proof of the completed repair. C3. Extensions a. For conditions that are life threatening inspectors cannot grant an extension to the 24 hour corrective action period. For conditions that are not life threatening inspectors can grant an extension to the required time frames for correcting the violation if inspectors determine that an extension is appropriate. b. The Housing Liaison is to request the extension in writing stating the reason an extension is needed. Extensions will be granted in cases where inspectors have determined that the owner or tenant has made a good faith effort to correct the deficiencies within the timeframe and for reasons beyond their control that require an extension. Reasons may include but are not limited to: • Repairs cannot be done because required parts or services are not available. • Repairs cannot be completed because of weather conditions. • A reasonable accommodation is needed. c. The length of the extension will be determined on a case by case basis, but will not exceed 60 days, except in the case of delays caused by weather conditions. In the case of weather conditions extensions may be continued until the weather has improved sufficiently to make repairs possible. The necessary repairs must be made within 15 calendar days, once the weather conditions have subsided. 17 Housing Manual BIENESTAR IS LEASING Chapter 5 – Project Bienestar is a Leasing Program Project Bienestar is a leasing program. Leasing is NOT the same as rental assistance in HUD’s eyes so it’s important to know the difference. The goal of this chapter is to explain this essential information. Leasing is focused on property. Leasing refers to the leasing of property, or portions of property, not owned by the provider or CPSA, for use in providing permanent housing. In projects like Bienestar that receive HUD leasing funds the provider contracts for space from a landowner, and therefore is responsible for the housing. Occupancy Agreements The provider maintains an occupancy agreement with each participant to formalize the participant’s rights in the housing and to specify program expectations regarding continued occupancy. For permanent housing such as Bienestar, the agreement must be for at least one year and be automatically renewable upon expiration. Eligible Leasing Costs Leasing funds may be used to pay up to 100% of the FMR for rent on: • Structures for Bienestar housing, or • Individual units to be used for Bienestar participants. Leasing Rent Limits for Units Rents paid with CoC Program funds for individual units may not EVER exceed the FMR; however, providers are not prohibited from using other funds to pay rent amounts in excess of FMRs, though hopefully that will not be necessary. It’s important to note that use of CoC Program leasing funds is capped at the lower of rent reasonableness or FMR amounts. Example: Rent reasonable for a unit is $600 and the FMR is $633. The allowable rent payment is $600. Leasing Rent Limits for Structures There is no FMR for structures, so the allowable rent payment is the rent reasonableness. Other Eligible Leasing Costs In addition to covering direct rent costs, leasing funds can be used to pay: (1) security deposits equal to up to two months’ rent; and (2) First and/or last month’s rent of an individual unit. Leasing funds may NOT be used to pay for property damage. Leasing funds may also be used to pay rent on vacant units until a new program participant moves in. The provider must abide by the terms of the lease. Therefore, if 18 Housing Manual BIENESTAR IS LEASING the lease is for a year, then they must pay for a year regardless of whether the unit is occupied. If the lease is written in such a way that it ends when a participant leaves, then the provider may not pay rent when a participant is not living in the unit. In general, the provider can use leasing funds to pay vacancy payments, but must be in compliance with the lease agreement. Leasing funds can also be used to continue making leasing payments on behalf of participants that are institutionalized for a brief period, not to exceed 90 days for each occurrence. Limitations on Ownership of Units Leasing funds CANNOT be used to lease units or structures owned by the provider, funding recipient, or their parent, subsidiary or affiliated organization. Occupancy Charges (Also Known as Tenant Payment) In the Bienestar program the occupancy charge (tenant payment) is to equal no more than the highest of: • 30% of the family’s monthly adjusted income; • 10% of the family’s monthly gross income; or • The portion of the family’s welfare assistance (AHCCCS), if any, that is designated for the payment of rent. Ineligible Leasing Costs Program Fees Program fees are not permitted in Bienestar. No other charges can be imposed other than rent or occupancy charges. Utilities It is the expectation that owners charging a unit rent equal to the FMR would include utilities in the rent. If the rent does NOT include utilities, leasing funds may NOT be used to pay for them however participants can be required to pay for the utilities and a utility allowance may be provided when calculating occupancy charges. 19 Housing Manual EXITS Chapter 6 - Exiting a Housing Program Here are some common situations regarding housing program exits. The procedures to follow are described for each situation. When the Participant Stops Meeting Eligibility When one of the following occurs, the participant has stopped meeting eligibility and must be exited. The participant: • no longer meets SMI Determination criteria, • is disenrolled from the provider agency, • refuses to participate in recertification or HQS inspections, or • has a total tenant payment amount that exceeds his/her rent and utilities. When a Minor Child Reaches Age 18 Housing funding is intended to assist homeless individuals and their families with minor children. Once a minor child reaches the age of 18 they are no longer considered an eligible household member and will need to exit the assisted unit prior to their 19th birthday. Exceptions can be made for children with a verified disability. Exceptions can also be made for full time students with documentation of student status from the educational institution. Children working at least 20 hours per week can also be exempted with documentation from their current employer. The documentation is submitted to CPSA with an interim recertification for the household. The adult child’s income will increase the tenant payment for the household. When there is a Voluntary or Involuntary Exit A qualifying program participant or family member may exit the program voluntarily or involuntarily. When any family member leaves the program, not just the qualifying participant, an exit form is to be completed by the Housing Liaison. Please be certain that the date on the exit form matches the date of exit on the billing form. Prior to making the final determination to terminate (involuntarily exit) a qualifying participant from a HUD funded program, the Housing Liaison must contact CPSA Housing to discuss the possible termination. A participant terminated may reapply for housing at a future date. When the Qualifying Participant Exits Because of Incarceration, Death or Treatment Participants that enter a treatment facility (hospital, jail, etc.) can remain in the program for up to 90 days before they are exited. The program is able to continue with rental assistance until the participant returns to his or her unit. The tenant payment must 20 Housing Manual EXITS continue to be paid. If treatment lasts longer than 90 days or the qualifying participant dies, the family and/or caretaker may remain in the unit until the end of the lease as long as tenant payment is made. If it is a month-to-month agreement, the family and/or caretaker may remain in the unit for 30 days from the first of the following month. When there is a Decision to Terminate Participation The Housing Liaison must submit a written explanation with backup documentation to CPSA describing the following: The circumstances leading up to possible termination The attempts made to provide assistance to the tenant (and family) The links below are exit forms. Participant Exit Additional Child Exiting the Household Additional Adult Exiting Household Exit Letters Explained An exit letter is to be sent to exiting participants. The purpose of an exit letter is to clarify why the participant is leaving and the date of exit. If a tenant is terminated, the exit letter indicates that the individual has the right to a review of the decision made to terminate participation in the program. The letter includes the name, title and phone number of the person who is the reviewer. The reviewer may not participate in the original termination decision. Include a time frame for filing the request for a review, as well as the time frames for the review and final decision. The links below are exit letter examples. Exit Letter - Involuntary (example) Exit Letter - Voluntary (example) The exit letter: • Is sent to the participant’s last known address; • A copy is placed in the individual’s housing chart; and • A copy is sent to CPSA Housing. 21 Housing Manual RESPONSIBILITIES Chapter 7 – Housing Liaison Responsibilities Provider agencies have important responsibilities beyond arranging for participant housing. Ongoing Assessment of Housing and Supportive Services An ongoing assessment of the housing assistance and supportive services must be conducted yearly. Adjustments to services are made as appropriate. If a participant no longer meets the eligibility for the program, the individual must be given a 30-day notification of the termination of his or her housing assistance. It is expected that the Housing Liaisons will assist participants in securing other housing resources. The Housing Liaison must maintain a copy of the participant’s yearly Service Plan in the housing file, as well as a signed program agreement or occupancy agreement. It is expected that each service provider agency will provide assistance when needed with: • symptom and medication education, • social skills, • vocational skills/rehabilitation, and • community and daily living skills (including such things as cooking, home maintenance, money management, transportation, and socialization/recreational activities). Providing Match Match is an important service provider responsibility. Match means providing supportive services to participants that equal twenty-five percent (25%) or more of costs other than leasing funds. CPSA Housing maintains a database which shows encounter information for CPSA Comprehensive Service Providers. Other provider agencies will be asked to provide information twice yearly. Involving Individuals and Families Experiencing Homelessness Besides assuring that adequate steps are taken to meet program goals and objectives, the Housing Liaison must also assure that homeless individuals and families, through employment and volunteer services, are involved in providing supportive services for participants and in developing program policies and procedures. Assisting Participants in Securing Income The Housing Liaison is to assist participants to secure a regular income through entitlements, employment, etc. Each participant is encouraged to secure a regular monthly income within 90 days of entry into the program. The need for participants to secure an income should be included in the program or occupancy agreement. 22 Housing Manual RESPONSIBILITIES Housing Liaisons are to complete and submit Zero Income Reports to CPSA Housing on a quarterly basis, indicating what steps the provider agency has taken to assist the participant in securing an income. See Zero Income Report. Housing Liaisons are reminded that HUD requires all housing grants show a 20% employment level. Participants who are CPSA members are strongly encouraged to get involved with CPSA’s vocational services, Project STEP. Its purpose is to support and encourage the recovery of members residing in supported housing monitored by CPSA in Pima County. The expectations of Project STEP are that CPSA members will participate in engagement, assessment and their choice of pre-vocational or vocational services from a menu of choices. Participants will complete targeted skills training provided by the provider agency or an outside agency. Participants are assisted to enroll in job development and placement activities in order to achieve some level of competitive, integrated community employment. Project STEP is open to CPSA members residing in CPSA independent housing in Pima County who: • are not active substance users, • have zero income, or • are receiving benefits. Maintaining Educational Continuity All provider agencies serving families must have a designated staff person responsible for ensuring that children are enrolled in school and connected to the appropriate services within the community, including early childhood education programs such as Head Start, Part C of the Individuals with Disabilities Education Act, and McKinneyVento education services. The name of the service provider’s designated staff person must be reported to CPSA Housing. Entering Data in HMIS The completeness and quality of HMIS data are critical to maintaining grant funding and eliminating homelessness. The Housing Liaisons are to complete all entry information into Homeless Management Information Systems (HMIS) by the end of the first month of enrollment. An HMIS exit must be completed by the end of the month of the participant’s exit. Maintaining Records Housing Liaisons are to maintain a separate housing file for each tenant, both active and non-active. The application packet, all required documentation, correspondence, and approvals are to be placed in these files and kept for a period of five (5) years following contract expiration and termination. 23 Housing Manual RESPONSIBILITIES Monitoring Files Housing Liaisons are to assist CPSA in complying with Federal (24 CFR part 84) and State requirements (A.R.S. 35-181.03). Provider agency participant files are periodically (at least yearly) monitored. Completing Annual or Interim Recertification The Housing Liaison completes a recertification package with the tenant annually. Most annual recertifications will take place in January or February of each year. Please Note: If the participant enrolled in the housing program or has had an interim recertification less than three (3) months before annual recertification time, an annual recertification is not necessary. Interim recertification is required when: • The tenant has a change in household composition; • The tenant has a name change; • The household income increases or decreases; or • The tenant has a change of address. When completing any recertification, verify that household members listed on the previous certification are still residing in the unit and note the ages of children. When determining the effective date of increases or decreases in the tenant’s portion of the rent use the 1st of the month following annual or interim recertification. However, if a rent increase is $100 or greater, the increase is effective 30 days from the 1st of the following month. See Tenant Income Certification and Checklist - Interim. Special Instructions for Change in Address (Moving to a Different Unit) Under most circumstances, if the participant decides to move from his/her housing location (including a different unit at the same complex) he/she is responsible for any deposits and/or moving fees. Housing Liaisons are to ensure that the new unit has a completed RRC and a passing HQS inspection prior to the participant taking occupancy or signing a lease. When changing locations, the Housing Provider cannot bill for a participant occupying two units at the same time. When there is a rent concession the concession amount is split equally between the participant and the grant. However, if the participant has no income, the grant receives the entire concession. Maintaining Wait Lists Housing Liaisons may wish to maintain Wait Lists (based on medical vulnerability) of individuals eligible for housing program participation when there are more applicants than available housing. Maintaining a Wait List, though, is optional. In either case, a statement or policy regarding the organization’s Wait List practices must be provided to CPSA. 24 Housing Manual RESPONSIBILITIES It is necessary that each provider agency provide CPSA Housing with a Statement declaring there is no Wait List, or A Wait List Policy. A Wait List Policy needs to describe the following: When and under what circumstances the Wait List is open, How applicants get onto the list, How the list will be ordered, and How it is maintained. Housing Liaisons that maintain housing program Wait Lists provide copies of Wait Lists to CPSA Housing on a quarterly basis. See below for examples of a provider agency Wait List Policy, as well as a declaration there is no Wait List. Statement Regarding No Wait List Wait List Policy Housing staff screen applications to make a preliminary determination of eligibility. On a quarterly basis staff attempt to contact applicants to determine their continued interest in and eligibility for housing. Referrals can be submitted by referring agency case managers only. There are no “self” referrals for housing programs. Referrals can be submitted by faxing, emailing or hand delivering the required documents to the housing office. Applicants will be removed from the list if, after 3 attempts, we have failed to contact the applicant, if the applicant indicates he or she is no longer interested in the program, or if the applicant indicates he or she now has permanent housing or is otherwise ineligible for program participation. There is no wait list for housing programs. Referrals are available only when there are housing program spaces available. Housing staff notify case managers by mail or email when referrals are being accepted. Referrals can be submitted by referring agency case managers only. There are no “self” referrals to the program. Referrals can be submitted by faxing, emailing or hand delivering the required documents to the housing office. 25 Housing Manual BILLING Chapter 8 – Requests for Payment (Billing) This chapter describes the steps necessary for provider agencies to receive reimbursement for rental or leasing assistance. Billing Procedures Billing for each program is submitted by the Housing Liaison to CPSA Housing by the 5th working day of each month. Please use Request for Payment to submit a monthly billing. This is a contract requirement. Besides the Request for Payment form, the billing includes: a cover letter summarizing any changes from the previous month, as well as a Checklist - Interim for each participant that had a change. Include the documentation supporting the changes. For Rental Assistance Housing Liaisons are permitted to bill for: • Rent: However, rent cannot be paid for units that fail HQS inspections. • Rental Deposit: Rental deposit of up to one month’s rent. CPSA will pay a deposit one time per tenant. Exceptions can be made for participants forced to move because of a rent increase exceeding the FMR or when a unit fails HQS and the landlord does not correct the deficiency. There is no reimbursement for pet deposits or rental fees associated with pets. • Application Fee: provided the participant’s residency is accepted by the landlord and the application fee plus deposit does not exceed one month’s contract rent. Please provide documentation with the lease. • Required Renters Insurance: provided the rent plus the utilities plus the renters insurance does not exceed the FMR. • Vacancy Loss: Up to one month’s contract rent for vacancy loss. If the utility allowance is separate from the rent, vacancy loss reimbursement will not include the utility allowance amount. Vacancy loss will only be paid if the participant exits the housing program prior to the end of the lease. • Damages: Reimbursement for damages will be assessed on an individual basis. Damages must be seen and verified by the Housing Liaison. Reimbursement cannot exceed one month’s contract rent and is payable only one time per participant only at move-out. There is no reimbursement for animal damages. For Leasing Assistance (Bienestar) Housing Liaisons are permitted to bill for: • Rent: However, rent cannot be paid for units that fail HQS inspections. • Rental Deposit: Rental deposit of up to two month’s rent. CPSA will pay a deposit one time per tenant. Exceptions can be made for participants forced to 26 Housing Manual • • BILLING move because of a rent increase exceeding the FMR or when a unit fails HQS and the landlord does not correct the deficiency. There is no reimbursement for pet deposits or rental fees associated with pets. First and/or Last Month’s Rent: for an individual unit. Vacancy Loss: Depending on the lease, leasing funds may be used to pay rent on vacant units until a new program participant moves in. Note: Program fees, utilities and damages are not permitted in Bienestar. See the chapter on Bienestar for further clarification on eligible and ineligible leasing costs. 27 Housing Manual HELPFUL INFO Chapter 9 – Helpful Information The information presented here is meant to help Housing Liaisons better understand the CPSA housing process. Flow Chart of a Typical Application Process (For Rental Assistance) The chart below describes CPSA Housing’s initial application process. 28 Housing Manual HELPFUL INFO Task Checklist Housing Liaisons are encouraged to refer to the checklist below to ensure completion of required activities, as well as timely submission of paperwork to CPSA Housing. Due To Do To Submit to CPSA Housing As Needed Monthly Bi-Monthly Quarterly Annually (in Winter or early Spring) Ensure participant children are enrolled in school and connected to appropriate services within the community. Collaborate with CPSA Housing to reconcile HMIS record differences. Update Wait Lists. Complete interim recertifications when appropriate. Contact a CPSA Housing when questions arise. Initial Application Packets for new applicants. Rent Reasonable Certifications for initial inspections, annual inspections or lease renewals. Wait List policy or No Wait List statement. Each provider agency should have its policy on file with CPSA Housing. Don’t forget to submit a new copy if the policy is updated/revised. A blank copy of the provider agency’s current Program Agreement. Enter all new participant information into HMIS by the end of a participant’s first month of enrollment. Complete an HMIS exit by the end of the month of a participant’s exit. Interim Recertification for tenants when there is a change in household composition, address or income. Monthly housing program billings. (Refer to the Interim – Checklist for required paperwork). Attend the CPSA Housing Liaison meeting to learn the latest updates regarding housing services. Check Match Encounter data. Request updates from case managers regarding provider agency efforts to seek income for zero income participants. Complete annual recertifications for all participants, as applicable. Invite Participants to complete a Participant Satisfaction Survey. 29 Zero Income reports (per program) for each participant without income. Wait Lists for each program if the provider agency maintains a Wait List. Annual Recertification Packets for all participants, as applicable. Annual Participant Satisfaction Surveys. Housing Manual HELPFUL INFO Information in the CPSA Provider Manual Sections of the Provider Manual which relate to Housing Services for CPSA members include the following: • • Supported Housing Services PM Section 10.3 Supported Housing Services Covered Services PM Section 3.13 Covered Services Information on the HUD Website The following hyperlinks may be utilized for further research and insight into HUD laws and regulations regarding homeless assistance. • HUD Laws and Regulations http://www.hud.gov/offices/cpd/homeless/lawsandregs/ • HEARTH Act http://www.hudhre.info/hearth/ • HUD Interim Rule https://www.onecpd.info/resource/2033/hearth-coc-program-interim-rule/ Where to Find Forms CPSA housing related forms and the current version of this manual are on the CPSAArizona website. Forms are listed in functional order. Some forms are utilized in more than one situation and are therefore listed more than once. 30
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