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Housing 101 for New Managers and Directors. Betty Turner. Today’s Topics. How a housing authority operates Role of Congress, HUD, and local government The role of the board and working well with the board Strategic management of housing authority programs - HCV and PH…. Today’s Topics.
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Housing 101 for New Managers and Directors Betty Turner
Today’s Topics • How a housing authority operates • Role of Congress, HUD, and local government • The role of the board and working well with the board • Strategic management of housing authority programs - HCV and PH…
Today’s Topics • HCV – Lease-up and utilization • PH – asset-based management and AMP performance • Performance assessment - SEMAP and PHAS / Quality control • Leadership and supervision • The housing authority’s role in the community
Performance Service Accountability Integrity Responsibility How a Housing Authority Operates
Public Housing Authorities • PHAs have a contractual relationship with HUD to deliver housing programs • PHAs implement programs established by Congress and regulated by HUD • Must operate in accordance with HUD regulations and funding
Creation of a Housing Authority • PHAs are created under state enabling legislation stipulating: • Number of commissioners and procedures for appointment or election • By-laws establish term of office, how PHA is set up (independent, branch of city govt, etc) • Jurisdiction of PHA may be city, county, state
Creation of a Housing Authority • A PHA is a public non-profit corporation
ACC • Annual Contributions Contract is the primary contract between the PHA and HUD • HUD provides money if PHA complies with laws and regulations • HUD can monitor • PHA has fundamental obligations in the ACC
History of Public Housing • Housing Act of 1937 established the first permanent public housing program • Original purpose of 1937 legislation was to stimulate the economy and create construction jobs
Public Housing • Public housing is project-based subsidy • Families have to live in the unit which has subsidy attached to it
Public Housing • Public housing is owned and managed by the PHA • PHA is both administrator and landlord • Since PHA owns and manages rental real estate, there are many state and local building and safety codes, landlord/tenant laws, and liability issues
When PH is Developed • When a PHA develops public housing in a city, the PHA and city execute a Cooperation Agreement • Under this agreement, the PHA pays the locality a Payment in Lieu of Taxes (PILOT) • PHA is not subject to real or personal property taxes
Lease Congress & HUD Annual Contributions Contract PHA Family
History of HCV • 1970’s • All Section 8 programs were established except Vouchers • 1980’s • Housing Vouchers
Section 8 • Voucher program is tenant-based • Families may seek suitable housing where they choose
Lease Congress & HUD Annual Contributions Contract PHA Voucher HAP Contract Family Owner
Historical Perspective of PHAs • Brooke Amendment set rent as a percentage of income for both public housing and Section 8 • Established need for subsidy for the public housing program
Economic Changes in the 80’s • Housing stock deteriorated • Modernization funding needed for public housing • Section 8 certificate program greatly expanded
Nat’l Affordable Housing Act of 1990 • Federal preferences • One Strike • Voucher expansion • Portability • Family Self-Sufficiency • PHMAP
QHWRA (The Reform Act) • Intent was to restore trust in housing programs; innovations in PH; promote self-sufficiency • Significantly amended the Housing Act of 1937
Reform Act Provisions • Both programs • New income limits for admission • Mandated minimum rent and hardship exemptions • Disallowance of earned income
Reform Act Provisions • Housing Choice Voucher • Merged Section 8 certificate and Housing Choice Voucher programs • Portability issues increased
Reform Act Provisions • Public housing • Flat rent and family choice in rent • Community service • New criteria under PHAS • Expanded screening and eviction for drug and other criminal activity • Mandated operating subsidy formula be changed
Congress • Created and continues to shape subsidized housing through laws and statutes • HUD implements legislation • PHAs use these laws, statutes and regulations to define local policies • Congress establishes HUD’s budget
HUD Administration • HUD is charged by Congress as the department to administer subsidized housing • HUD contracts with PHAs who actually build, manage, and maintain public housing and administer rent subsidy programs
HUD Headquarters • HUD headquarters makes decisions and disseminates information • Writes and publishes: • Regulations to implement laws • Proposed, interim or final rules • Handbooks and guidebooks • HUD notices and memos
HUD State and Field Offices • HUD state and field offices monitor PHAs for compliance and provide technical assistance • Field offices will be monitoring project-based PHAS closely
REAC (PIH-REAC) • Assesses PHAs under PHAS and determines level of scrutiny PHA receives • Troubled PHAs are referred for intensive technical assistance and monitoring
References and Resources • HUD regulations: 24 CFR • Public housing: 960’s • Certificates and vouchers: 982 • Combined rules: Part 5 • Nondiscrimination: Part 8
How HUD Communicates • The internet • HUD’s site home page: • www.hud.gov • HUD notices: • www.hud.gov/pih/publications/notices
Local Laws • Public housing • PHAs must also comply with all local codes which pertain to property owners • Most states and localities have landlord-tenant laws • Should seek legal counsel where HUD requirements conflict with local or state law
Court Decisions • Court cases sometimes set legal precedent in housing issues • PHA can minimize legal challenges by assuring PHA policies and practices are current and are applied uniformly, doing good business, and practicing nondiscrimination
General Structure of a PHA • PHAs design their own organizational structure • May change with management or political changes or to accomplish new objectives • The PH asset management model is driving changes to the PHA’s organizational structure • Every PHA must have an executive director
Board of Commissioners Policy Executive Director Administration Staff General Structure of a PHA
Board • Board is at top of organization • Operates on behalf of local government • Board’s role is determined by: • Legal jurisdiction of PHA • Legal structure of PHA • Political environment
Board • Local governing body may be City Council, County Commissioners, State legislature or combination
Nature of the Board • Oversees policy and hires the executive director • Executive director implements policy and hires staff • Establishes budgets • Builds and maintains the PHA’s image
Nature of the Board • Board must: • Provide direction in achieving common purpose • Govern the PHA’s resources • Maintain, preserve, develop and expand programs and services • Ensure viability of agency
Board Responsibilities • Board sets policy • Board policy is the direction or course of action the PHA will take with the mission • Boards do not have time to manage – this is not their role • Board should monitor bottom-line results
Board Responsibilities • Fiduciary responsibility to: • Act in good faith and uphold integrity • See that PHA is well managed • Not to make decisions based on personal or special interests • Committed to values of organization • Make hard choices about which program or service to fund
Board Hires ED • Executive director manages the organization • Board members should support the executive director • Board must evaluate executive director each year
Participant on Board • Board must include one resident directly assisted by PHA • Exceptions: • Board members are full-time and salaried as required by state law; or • PHA is not governed by a governing board
Resident on Board • Doesn’t apply to PHA that: • Has less than 300 public housing units • Has provided reasonable notice to RAB for residents to serve • No resident is interested • PHA outreaches to residents at least once a year
ED and the Board • ED is more than just an employee of the board • Should sit at the board table at all meetings • Should make well-supported recommendations 1-15
ED and the Board • Board delegates to ED the day-to-day responsibility to: • Implement board policies • Represent PHA in negotiations, public relations, HUD business, public events • Hire, direct, supervise, train, evaluate and discipline staff
Board’s Relation to Staff • Board’s only employee is the ED • Employees need to understand that the ED gives orders and that they are accountable to the ED • Board hires ED to be expert in managing personnel and the agency • ED is accountable to the board for staff performance
Board’s Relation to Staff • Chain of command has rules… • Board members have no authority to issue orders to staff except through ED • Board has no directly responsibility for assessing staff performance • Board doesn’t usually act on complaints from staff • Board shouldn’t let staff “short circuit” chain of command
Working Well with the Board • The relationship between board members and the executive director define the organizational “culture” of the PHA and defines the relationship with the entire staff of the PHA and the organization as a whole