Emergency Housing Vouchers Office Hours - July 13, 2021
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Emergency Housing Vouchers
Office Hours
This resource is prepared by technical assistance providers and intended only
to provide guidance. The contents of this presentation, except when based on
statutory or regulatory authority or law, do not have the force and effect of law
and are not meant to bind the public in any way. This presentation is intended
only to provide clarity to the public regarding existing requirements under the
law or agency policies.
July 13, 2021
Logistics • This is session is being recorded. Recording will be shared at https://www.hud.gov/ehv • All participants are muted. If you are having trouble connecting your computer audio, you can call in using the following information: • +1 646 558 8656 • Webinar ID: 998 7192 2141 • Passcode: 110590 • Please submit your questions in the Q&A box • If you are having technical issues, please use the Q&A box
EHV Office Hours
July 13, 2021
Audience: Continuums of Care, Public Housing Agencies, Victim Service
Providers, and other partners.
Purpose: Share information and provide an opportunity to ask EHV-
related questions to HUD
Today’s Focus: Screening Criteria in EHV
If you’re experiencing homelessness and in need of assistance:
https://www.hudexchange.info/housing-and-homeless-
assistance/homeless-help/
Today’s Agenda • Welcome & Introductions • Summary of EHV waivers including mandatory and permissive prohibitions • Community Presentations highlighting implementation of reduced screening criteria and documentation in admissions policies • Q+A with HUD
Speakers & Resource Advisors
Department of Housing and Urban Development
• Office of Public and Indian Housing
• Jerrianne Anthony • Danielle Garcia • Chad Ruppel
• Emily Warren • Caleb Kopczyk • Mike LaRiccia
• Katherine Yang
• Office of Special Needs Assistance Programs
• Caroline Crouse
TAC
• Liz Stewart
• Emila Sutton
• Laura Harris
Speakers & Resource Advisors Speakers: • April Kennedy, Director of Housing Choice Voucher Program, Housing Authority of New Orleans • Dylan Shubitz, Director of Intake and Special Programs, CSO- HCV, Housing Authority of the City of Austin • Tracie Mann, Director, Housing Assistance Division, Los Angeles County Development Authority • Marie Claire Tran-Leung, Director, Legal Impact Network (LIN), Shriver Center on Poverty Law
Summary EHV Waivers & Alternative
Requirements
• Covid-19 Waivers (Pg. 20-21) • Inapplicability
• Separate waiting list for EHVs of Income Targeting Requirements (Pg. 31)
referrals/applicants (Pg. 25) • Use of recently conducted initial
• Local Preferences established by the income determinations and verification at
PHA for HCV admissions do not apply admissions (Pg. 31)
to EHVs (Pg. 25) • Pre-inspection of HQS units (Pg. 32)
• Restrictions on PHA denial of assistance • Initial Search Term (Pg. 32)
to an EHV applicant (Pgs. 25-28)
• Initial Lease Term (Pg. 32)
• Income Verifications at admission (Pg. 29)
• Eligibility Determination: Social Security
• Portability (Pg. 32, 34-35)
Number and Citizenship Verification (Pg. 30) • Payment Standard Amount (Pg. 35)
7
Restrictions on PHA denial of assistance
• Overview of waiver to § 982.552 and § 982.553 – when a PHA
may deny an applicant admission to the program and when the
PHA is required to do so
• Waiver requirements/follow up
• Mandatory prohibitions
• Permissive prohibitions
• Unallowable prohibitions
8
Mandatory Prohibitions
• Any household member convicted of drug-related criminal
activity for manufacture or production of methamphetamine on
the premises of federally assisted housing
• Any household member subject to a lifetime registration
requirement under a State sex offender registration program
9
Permissive Prohibitions
Any household member that is currently engaged in, or has engaged
in within the previous 12 months:
• Violent criminal activity
• Other criminal activity which may threaten the health, safety,
or right to peaceful enjoyment of the premises by other
residents or persons residing in the immediate vicinity
• If any member of the family has committed fraud, bribery, or
any other corrupt or criminal act in connection with any
Federal housing program within the previous 12 months.
• If the family engaged in or threatened abusive or violent
behavior toward PHA personnel within the previous 12 months.
10Unallowable Prohibitions
PHAs may not deny an EHV applicant admission for any of the
following reasons:
• Any member of the family has been evicted from federally
assisted housing in the last five years
• A PHA has ever terminated assistance under the program for any
member of the family
• The family currently owes rent or other amounts to the PHA or
to another PHA in connection with Section 8 or public housing
assistance under the 1937 Act
• The family has not reimbursed any PHA for amounts paid to an
owner under a HAP contract for rent, damages to the unit, or
other amounts owed by the family under the lease
11Unallowable Prohibitions (cont’d)
PHAs may not deny an EHV applicant admission for any of the
following reasons:
• The family breached an agreement with the PHA to pay amounts
owed to a PHA, or amounts paid to an owner by a PHA
• The family would otherwise be prohibited admission under
alcohol abuse standards established by the PHA in accordance
with § 982.553(a)(3)
• The PHA determines that any household member is currently
engaged in or has engaged in during a reasonable time before
admission, drug-related criminal activity
12Poll: Will your PHA be implementing additional
admissions prohibitions beyond what is required?
• No, we will only be establishing the two minimum mandatory
prohibitions required.
• Yes, we will be establishing some but not all of the permissive
prohibitions in addition to the 2 mandatory prohibitions
• Yes, we will be establishing all of the permissive prohibitions in
addition to the 2 mandatory prohibitions
• Unsure/Still Deciding
13• April Kennedy, Director of Housing Choice Voucher
Program, Housing Authority of New Orleans
14Housing Authority of the City of Austin
Bringing Opportunity HomeEHV Program Screening Waivers and Alternative Requirements Dylan Shubitz Director of Intake and Special Programs Housing Authority of the City of Austin DylanS@hacanet.org July 13, 2021
HCV Administrative Plan HCV Criminal History Screening at HACA • Always evolving • Screen out only for felony convictions • Study with CoC lead agency • Reviewed approximately 250 background checks • 40% denial rate to 20% denial rate
Special Purpose Vouchers and CPD Programs HACA Programs with Alternate Criteria • HUD-VASH • Continuum of Care • HOME TBRA • Mainstream [COVID Waiver]
EHV Local Policy Development Stakeholder Engagement • Internal • Department staff • DEI Task Force • External • CoC lead agency • Equity-focused partners • Lived experience/expertise • City Homeless Strategy Office
EHV Local Policy Development Results • Lowest barriers possible • No permissive prohibitions beyond HUD mandates • Accept old 3rd party income verification • Accept self-certification of SSN and citizenship • Accept self-certification of age and disability
Expected Outcomes
Why Did We Make These Choices?
• Center the client
• Advance racial equity
• Align with community strategy to end homelessness
• Create new PSH
• Reduce administrative burden
• Clear the path to placement feesEmergency Housing Voucher Program Tracie Mann, Director of Housing Assistance
1 EHV PROGRAM OVERVIEW
INTERAGENCY AGREEMENT
2
PROGRAM ALIGNMENT WITH PARTNERING PHA
3
CRIMINAL BACKGROUND SCREENING
4
AGENDA 5 EHV WAIVERS IMPLEMENTED
6 OBTAINING DOCUMENTATION VERIFICATIONEHV PROGRAM OVERVIEW
The LACDA and EHV • As the second largest Public Housing Agencies (PHA) in Southern California, the Los Angeles County Development Authority (LACDA) serves the unincorporated areas of Los Angeles County and 62 incorporated cities. • On May 10, 2021, the LACDA accepted 1,964 Emergency Housing Vouchers (EHVs) to assist our hard-hit vulnerable population. • Our geographical area is under the Los Angeles Homeless Services Authority (LAHSA) who is the lead agency in the Los Angeles Continuum of Care. LAHSA works with several PHAs, coordinating housing and services for homeless families in the Los Angeles County region.
INTERAGENCY AGREEMENT
LACDA and Housing Authority of the City of
Los Angeles (HACLA)
o LACDA
• Unincorporated areas of Los Angeles County
• 62 incorporated cities
• 1,964 EHVs received
o HACLA
• City of Los Angeles
➢ 82 neighborhoods within the City Los Angeles
• 3,365 EHVs received
PHA Interagency Agreement
o Due to limited rental unit availability and to expedite
lease-up of EHVs, both PHAs agreed to allow EHV
participants to search for units in each other’s
jurisdictions. As such, an Interagency Agreement
was signed to allow for the removal of jurisdictional
boundaries for EHV participants.PROGRAM ALIGNMENT WITH PARTNERING PHA
LACDA and HACLA Program Alignment
The LACDA and HACLA agreed to align EHV Programs with one another, due to shared
jurisdictional search areas:
o Equal opportunity between both PHAs
o Avoid Property Owners seeking the most beneficial EHV incentives and payment
standards offered by PHAs
o Shared Continuum of Care, LAHSA
PHA Alignments Implemented to-Date
o Property Owner Incentives
o EHV Universal Application Form
o EHV Application and Lease-up Process Timeline
o EHV Criminal Background Screening Process
o EHV Waivers adopted: PIH 2021-15 (EHV) and PIH 2021-14 (CARES Act)CRIMINAL BACKGROUND SCREENING
Criminal Backgrounds
HCV Process VS EHV Process
The regular Housing Choice Voucher (HCV) Program The alternate requirement only prohibits admission to the program
requires that the LACDA request a full criminal if any household applicant has been criminally convicted for
background check for ALL applicant household manufacturing or producing methamphetamine on the premises of
members (including live-in aides) 18 years of age and federally assisted housing and/or is subject to a lifetime
older to check for any U.S. Department of Housing and registration requirement under a State sex offender registration
Urban Development (HUD) required admission program.
prohibitions for applicant eligibility criteria required under
CFR 24 §982.552 and § 982.553. o The LACDA created a Criminal Background Screening form for
the head of the household to certify that no member of the
o The full criminal background check is used as a factor family has been convicted of the production or manufacturing of
in screening applicants for criminal activities that methamphetamine and no one is a lifetime register sex
would prohibit admission to the LACDA’s Section 8 offender.
rental assistance programs. o If the LACDA’s Criminal Background Screening form shows that
o All adult members of an applicant household must no member falls into the two EHV Program criminal categories,
submit a signed Criminal Background Consent Form then the applicant’s assigned PHA case manager will verify the
[24 CFR §5.903(b)], authorizing the release of information via the National Sex Offender Public Website
criminal conviction records from law enforcement (https://www.nsopw.gov/) and the Adverse Terminations
agencies. Failure to sign the consent form will result in module in EIV.
the denial of assistance. o An assigned LACDA employee will ONLY conduct a full criminal
o The LACDA is additionally authorized by HUD to background check on applicants where:
obtain access to sex offender registration information, • an eviction for drug-related criminal activity appears on
in order to prevent program admission to any EIV;
household member (including live-in aides and • an applicant responds “yes” to the questions on the
minors) subject to a lifetime sex offender registration Criminal Background Screening form; and
under a State sex offender registration program. • the applicant is found on the national database.EHV WAIVERS IMPLEMENTED
EHV Waivers – PIH Notice 2021-15
• Self-Certification
• Third-party income verification documents may represent an applicant’s income within the
Income Verification 60-day period prior to admission but is not dated within 60 days of the PHA’s request
• Inapplicability of Income Targeting Requirements
• Use of Recently Conducted Initial Income Determination and Verification at Admission
• Self-Certification of Social Security Number (SSN) may be used if unable to acquire SSN
SSN Verification
documents, but must provide required documents within 180 days of admission
• Self-Certification of Citizenship may be used if unable to acquire Citizenship documents,
Citizenship Verification
but must provide required documents within 180 days of admission
• Self-Certification of DOB may only be used if higher verification level is not immediately
DOB Verification
available. This must be verified within 90 days of admission.
• Self-Certification of Disability may only be used if a higher verification level is not
Disability Verification
immediately available and must be verified within 90 days of admission.
• Property owners may self-certify they have no reasonable knowledge that life-threatening
conditions exist within the unit. Waiver expires on 12/31/21 and a physical inspection must
HQS Initial Inspection occur before 06/30/22.
• PHAs can Pre-Inspect available units that an EHV applicant may be interested in leasing to
maintain a pool of eligible units.EHV Waivers – PIH Notice 2021-15 (cont.)
• The EHV Program has alternate requirements that prohibits admission to the program if
any household applicant has been criminally convicted for manufacturing or producing
Criminal Background
methamphetamine on the premises of federally assisted housing and/or is subject to a
lifetime registration requirement under a State sex offender registration program.
• Allows for the EHV Program Payment Standards amounts to be set as high as 120% of the
Payment Standards
HUD established Fair Market Rent.
Initial Search Term • EHV applicants will receive a minimum of 120 days with the initial voucher issuance.
• To allow maximum flexibility, the LACDA will ensure both parties have the option to execute
Initial Lease Term
an initial lease term of less than 12 months.
• The LACDA will honor the EHV waiver giving all applicants requesting to move with
Portability the chance to do so without a 12-month time restriction or a household
Portability
citizenship status barrier. Additionally, the LACDA will absorb or bill any incoming EHV
participants, contingent upon whether the LACDA has vacant EHVs.
Payment Standard • Although the LACDA’s current policy does not allow for payment standard increases mid-
Increase year, we plan to adopt this waiver to allow more optionsEHV Waiver – PIH Notice 2021-14
PIH Notice 2021-14
CARES ACT WAIVER – HQS
The LACDA will give property owners the option to self-certify that they have no reasonable
basis to have knowledge that life-threatening conditions exist in the unit in question. If this
self-certification is used, the LACDA will conduct a regular HQS inspection no later than
06/30/2022. This waiver is set to expire on 12/31/2021.
Please note: Many of the allowable waivers outlined in PIH Notice 2021-14 for the CARES
Act are already included in the PIH Notice 2021-15 for EHV. As such, all CARES Act waivers
that were duplicated in PIH Notice 2021-15 have been implemented.Contact Information Los Angeles County Development Authority Housing Assistance Division Tracie Mann, Director 700 West Main Street, Alhambra, CA 91801 (626) 586-1670 Tracie.Mann@lacda.org www.lacda.org
Reducing Criminal Records Barriers to Emergency Housing Vouchers July 13, 2021
ABOUT US The Shriver Center on Poverty Law fights for economic and racial justice. Over our 50-year history, we have secured hundreds of victories with and for people living in poverty in Illinois and across the country. Today, we litigate, shape policy, and train and convene multi-state networks of lawyers, community leaders, and activists nationwide. Together, we are building a future where all people have equal dignity, respect, and power under the law. Join the fight at povertylaw.org.
40
41
42
“Given the significant overlap between recent incarceration history and homelessness, HUD strongly encourages PHAs to work with their Continuum of Care (CoC) partners to ensure that individuals who are at-risk of homelessness after leaving prisons or jails are considered for these vouchers.” HUD Secretary Marcia Fudge, 06/23/21 Letter to PHAs & CoCs
44
This is an urgent issue of race equity. Why? • Black, Indigenous, and Latino/a/x communities • People with disabilities • Survivors of domestic violence and sexual assault • LGBTQ communities
Frequent User Service Enhancement (FUSE) in NYC
• Supportive housing to people who are high users of both the shelter
and criminal justice systems
• Better outcomes for participants:
• After 24 months: 85% of participants in permanent supportive housing
remained housed, versus 42% of comparison group
• Participants spent 146.7 fewer days in shelter than comparision group
members.
• Participants spent 19.2 fewer days incarcerated, a 40% reduction over the
comparison group, and there were fewer jail admissions overall.When Discretion Means Denial
1. Use of unreasonable lookback periods
2. Use of arrests to prove criminal activity
3. Use of overbroad categories of criminal activity
4. Underuse of mitigating circumstancesGet in touch! Marie Claire Tran-Leung Director Legal Impact Network marieclairetran@povertylaw.org
Q+A with HUD
49Reporting Reminders
• Notice PIH 2021-20 outlines the updated EHV reporting requirements for
PHAs using IMS-PIC. This notice can be found on HUD’s website at:
https://www.hud.gov/sites/dfiles/PIH/documents/PIH2021-20.pdf
• Critical for PHAs to submit a HUD 50058 into IMS/PIC within 14 days of the
voucher issuance if they want to be eligible for the $100 voucher issuance
fee.
• Special program code for line 2n = EHV
• After a voucher is reported leased in IMS/PIC, HUD will look to see if there
was a separate 50058 submission showing the issuance.
• 7/27 Office Hours will focus on Reporting Requirements.
50Future Office Hour Topics
Which topics are you most interested in? Pick all that apply.
• Administrative plan amendments and process
• Tracking Goals & MOU Course Adjustments
• Use of Service Fees
• Working with survivors of DV & HT
• EHV & Reentry Housing Needs
• Prioritization
• Cost Allocation
• Reporting Compliance
51Reminders
• Next week’s Office Hours: Portability in EHV
• MOU deadline is July 31, 2021
• Submit your questions to ehv@hud.gov
• This office hour recording will be posted to hud.gov/ehv
52You can also read
