Welcome to Your Housing Help Session!

2. Welcome to Your Housing Help Session! • Today’s Topics: • Owner recruitment & retention • Outreach strategies • PHA disapproval of owners • Owner responsibilities

3. Welcome to Housing Help! • Upcoming topic for the occupancy series: • 6/12/09: PHAS for property staff

4. Owner Outreach

5. Owner Outreach • Purpose: • Promote housing choice in a variety of neighborhoods • Deconcentration of poverty • Expand housing opportunities

6. Owner Outreach • Expanding housing opportunities • SEMAP indicator 7 for PHAs in metropolitan statistical areas • Helpful in non-metro areas • Requires written policies to encourage owner participation outside areas of poverty or minority concentration

7. Owner Outreach • Expanding housing opportunities: SEMAP • PHA must analyze difficulties in leasing units outside high poverty areas • Analyze whether to seek exception payment standards

8. Owner Outreach • HCV briefing requirement: PHA must explain benefits of moving to families currently living in high poverty census tracts • Schools • Lower crime rates • Access to employment, transportation, etc. • Housing quality

9. Outreach/Retention Strategies • Owner briefings • Benefits of HCV program • HAP paid consistently/timely • Criminal background checks • Ability to evict

10. Outreach/Retention Strategies • Information on program changes • Expanded family obligations not to commit serious or repeated violations of the lease • HQS breaches caused by the family • Removal of security deposit limitations • Emphasis on owner screening

11. Outreach/Retention Strategies • Owner newsletter • Outreach to landlord/real estate associations • Owner pamphlets/videos • Listing of available units

12. Outreach/Retention Strategies • Customer service • Prompt follow-up • Owner liaison • Enforcement of family obligations

13. Outreach/Retention Strategies • Barriers to recruitment/retention • Poor public relations in the past • Inconsistency in HQS enforcement • Inadequate payment standards • Incorrect application of affordability rule • Lack of customer service

14. Owner Disapproval

15. PHA Disapproval Of Owner • Owner includes principal or other interested party • Must not approve unit if owner is parent, child, grandparent, grandchild, sister or brother of any family member (6/17/98) • Exception if needed as reasonable accommodation

16. Required Owner Disapproval • Must not approve owner who is debarred, suspended or subject to limited denial of participation

17. Required Owner Disapproval • PHA must not approve a tenancy if directed by HUD if: 1. Federal administrative or judicial action is pending (Fair Housing Act or other federal equal opportunity requirement), or 2. A court or admin agency determined owner violation of fair housing or equal opportunity

18. Required Owner Disapproval • Contact Regional Inspector General of Investigations (RIGI) • HUD HQS Legal • Field Office Legal

19. Excluded Parties Listing System • You can check if an owner has been debarred by accessing the Excluded Parties Listing System at: • https://www.epls.gov

20. Optional Owner Disapproval • Violated owner obligation under a HAP contract under Section 8 • Committed fraud, bribery, corrupt criminal act in connection with any federal housing program

21. Optional Owner Disapproval • Engaged in any drug-related criminal activity or any violent criminal activity • History or practice of non-compliance with HQS for units leased under: • Tenant-based program • Project-based Section 8 assistance • Any other federal housing program

22. Optional Owner Disapproval • Has history or practice of failing to terminate tenancy under Section 8 or any other federally assisted housing program for activity by: • Tenant or member of household • Guest or another person under control of any member of household ...

23. Failure to Terminate Tenancy • …That threatens the health, safety or right to peaceful enjoyment of neighbors, managers or staff

24. Failure to Terminate Tenancy • For activity that is . . . • Drug-related criminal activity or • Violent criminal activity

25. Optional Owner Disapproval • History of renting units that fail state or local housing codes • Not paid state or local real estate taxes, fines, assessments Regulations do not give any owner any right to participate in the program

26. Owner Obligations

27. Duties of a Landlord • Comply with landlord-tenant law • State and/or local • Varies from place to place • Requirements for nonpayment, eviction • Notice requirements • Other tenant noncompliance issues

28. Screening: Owner Responsibility • Must be based on family’s tenancy history • Screening factors include: • Payment of rent, utility bills • Caring for units, premises • Respecting rights of others • Drug-related/criminal activity • Compliance with essential terms of tenancy

29. Owner Information • The PHA must give the owner: • Family’s current and prior address • As shown in PHA records • Name and address (if known) of landlord at family’s current and prior address

30. Non-Discrimination • PHA has a duty to affirmatively further fair housing • Vigilant and proactive • Assist families in completing Form HUD-903 • Who enforces fair housing laws?

31. Non-Discrimination • Federal statutes prohibit discrimination based on: • Race • Color • Sex • Religion • Disability • Handicap • Age • National origin • Familial status • Families with children

32. Non-Discrimination • Familial status discrimination • Owners may not impose occupancy standards based on ages of family members (under 18) • One-bedroom unit: married couple vs. parent with one child • Reasonable occupancy limits based on number of persons are permitted

33. Other State and Local Fair Housing Laws • Additional protections may be provided by state or local laws • Many states or localities forbid discrimination on basis of • Sexual orientation • Marital status • Legal source of income

34. Reasonable Accommodation • Applies to families that include a member with disabilities • Broader definition than HCV program rules for preferences, allowances & deductions • Impaired in one or more major life activities • Accommodation issues may arise between owners and applicants/participants

35. Unit Modifications • Owners must permit families to make unit modifications at family’s expense • Example: ramp • Family must return unit to original condition at move-out • Owner may require escrow

36. Unit Modifications • Local nonprofit groups often assist with disability-related issues • Making modifications to unit • Building/installing ramp to provide access to unit • Returning unit to original condition

37. Assistance Animals • Landlords must permit assistance animals if necessary as reasonable accommodation • Fair Housing Act definition is not the same as ADA • Animals that assist, support, or provide service to persons with disabilities

38. Assistance Animals • Owner may not limit assistance animals to those with special training or certifications • Assistance animals include “support animals” • FHEO website shows civil charges against private landlords • http://www.hud.gov/offices/fheo/

39. HAP ContractObligations

40. HAP Contract • Owner certifies that same lease is used for assisted and unassisted tenants • Lease complies with state & local law • Owner is responsible for screening • PHA has no liability for family’s behavior or conduct in tenancy

41. HAP Contract • Owner must maintain unit in compliance with housing quality standards (HQS) • Must provide owner-supplied utilities and appliances • Appliances in working order • Not responsible for family-caused HQS breaches

42. HAP Contract: HQS Breach • Life-threatening • Must correct within 24 hours • Defined by PHA • Smoke detector • Only toilet in unit • Security issues

43. HAP Contract: HQS Breach • Other defects (not life-threatening) • Time period as determined by PHA • 30 calendar days • Extensions at PHA discretion • Contractors not available • Weather issues

44. HAP Contract: HQS Breach • Remedies available to PHA • Recovery of overpayments • HAP suspension • HAP abatement • HAP termination • Termination of HAP contract

45. HAP Contract • PHA may inspect unit to ensure HQS compliance at times PHA determines necessary • Annually • Complaint inspections • QC inspections

46. HAP Contract Termination • Termination of lease by owner or tenant • Termination of program assistance • Family move-out • 180 days after last HAP

47. HAP Contract Termination • Insufficient funding • Overcrowded • Family break-up • May terminate or continue assistance

48. HAP Contract • Rent must be reasonable • May not exceed rent for comparable unassisted units • Including unassisted units in premises • Owner must provide information on rents charged in premises and elsewhere

49. PHA Late Fees • Owner may charge late fees after first two calendar months • In accordance with law and general local practice • No late fee if HUD determines circumstances beyond PHA control

50. PHA Late Fees • Owner must have practice of charging late fees to assisted and unassisted tenants • And charges for late payment of family portion • Not applicable if HAP is held due to owner breach of contract