U.S. Department of Housing and Urban Development

Office of Public and Indian Housing

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Special Attention: Notice PIH 95-63 (HA)

Public Housing Division Directors,

Native Americans Programs Office Issued: October 11, 1995

Directors, Public Housing Agencies Expires: October 31, 1996

and Indian Housing Authorities

Administering Section 8 Programs Cross References:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Subject: Final Conforming Rule for the Section 8 Certificate and Voucher

Programs

1\. Purpose. This notice transmits a copy of the revised regulations for
the

Section 8 tenant-based certificate and voucher programs and the project-

based certificate program which were published in the Federal Register
on

July 3, 1995. Revised admission regulations were published in the
Federal

Register on July 18, 1994, and were transmitted to Housing Agencies by
HUD

Notice PIH 94-50 (HA) on August 1, 1994. A final rule for the few
remaining

regulatory policies (rents, housing assistance payments, utility
allowances

and special housing types) is anticipated in late 1995.

2\. Effective Dates. The admission regulations were effective on October

18, 1994 and January 18, 1995. The effective date for the July 3, 1995

publication was October 2, 1995.

3\. Summary of Significant Regulatory Changes. A chart summarizing the

significant July 1994 and July 1995 tenant-based certificate and voucher

program regulatory rule changes is attached. This chart also provides

implementation guidance. For example, many of the regulatory changes

affecting owners will not be implemented until a new Housing Assistance

Payments (HAP) contract is executed.

4\. HA Actions. HAs should carefully review the regulations and the

implementation chart. HAs will need to determine whether current
policies

are inconsistent with the conforming rule, and whether the HA wants to
adopt

new discretionary policies. Examples of HA actions follow.

a\. The contents of the briefing information packet and the oral

briefing have been changed, necessitating revised HA documents and

actions.

b\. New admission requirements (income limits, cross listing, local

preference hearings, citizen verification, etc.) should have already

PH: Distribution: W-3-1, W-2(H), R-6, R-7, R-9, 138-3, 138-7

been implemented. Other regulatory requirements (policies not left to HA

discretion) such as the HQS, maximum absence from unit, informal

hearing, providing prospective owners information about the family,

national portability for certificate holders, and portability billing

changes need to be implemented.

c\. It is recommended that current participants be advised of new

family obligations.

d\. A new administrative plan covering specified HA discretionary

policies will need to be developed and formally adopted by HA Board of

Commissioners or other authorized HA officials. A copy of the HA-

approved administrative plan must be sent to the Office of Public

Housing in the HUD field office for information only.

e\. An Equal Opportunity Housing Plan (EOHP) is no longer required.

Some of the EOHP policies may need to be transferred to the

administrative plan.

f\. HAs must transfer any FSS policies contained in the administrative

plan that are not also contained in the FSS action plan to the FSS

action plan. If the HA is just moving previously approved FSS policies

in the administrative plan to the FSS action plan, HUD reapproval is not

necessary.

5\. Future Guidance. Most of the tenant-based program forms and
contracts

have been revised and distributed. Other form revisions (e.g.,
application

and project-based certificate contracts and forms) are under development
and

will be issued as changes to the forms handbook (HB 7420.8 ) when
completed.

Future guidance will include a chart summarizing the changes to the
project-

based certificate program.

Kevin Emanuel Marchman, Deputy

Assistant Secretary for Distressed

and Troubled Housing Recovery

Attachments

2

ATTACHMENT 1

ATTACHMENT 1 CONTAINS FR-2294-F-02 - SECTION 8 CERTIFICATE AND VOUCHER

PROGRAMS CONFORMING RULE.

SIGNIFICANT CERTIFICATE/VOUCHER (C/V)

CONFORMING RULE POLICY CHANGES

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

HA juris- Area in which HA Area in which the HA 10/2/95

diction determines it is has authority under

definition not legally State & local law to

barred from administer C/V

executing HAP \[982.4\]

contracts

Equal Separate EOHP & EOHP & admin plan ASAP post

opportunity admin plan merged into single 10/2/95,

housing required. EOHP document called HA should

plan (EOHP) included a cer- admin plan. Admin adopt new

& admin tification & ad- plan only includes admin

plan dressed 5 policy HA policies for plan &

areas. Admin areas where there is send copy

plan included local admin discre- to HUD.

admin approach, tion. Items ad- Policies

HQS & employee dressed in admin in old

info, & local plan limited to 16 admin

policies for at specified areas. plan &

least 11 areas (Much of the old EOHP in

of local admin info is deleted and violation

discretion. some new items are of new

Some items were added.) EO certi- reg are

addressed in fication is still invalid

both the EOHP & required. as of

admin plan. \[982.53(c) & 982.54\] 10/2/95.

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

Approval of HUD approval of HUD approval of the 10/2/95

admin plan the admin plan admin plan no longer

and copy of (& EOEP) required. Copy of

admin plan required admin plan and any

for HUD revisions sent to

HUD for info pur-

poses only. Admin

plan & any revisions

must be adopted by

the HA Board or

other authorized HA

officials. Residen-

cy pref for select-

ing applicants must

still be approved by

HUD. \[982.54 &

982.208(b)\]

2

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

Location of Admin plan FSS policies Next time

FSS included FSS currently in the admin

policies policies where admin plan must be plan or

there is local transferred to the action

admin discretion HA\'s HUD-approved plan

(e.g., selection FSS action plan amended,

of FSS partici- post

pants) 10/2/95

Hard-to- \$45 hard-to- Hard-to-house fee 10/2/95

house Fee house fee paid renamed fee for

when a family \"cost to help

with 3+ minors families who experi-

moves ence difficulty

renting appropriate

housing\". HUD may

expand the reasons

(e.g., special coun-

seling) for paying

this fee in the

future. Unless

notified otherwise,

\$45 will continue to

be paid for moves by

families with 3+

minors and extra

counseling \$ may be

authorized by HUD

HQ. \[982.152(a) (1)\]

3

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

Preliminary Preliminary fee Up-front & annual Forms

fee cost justifi- cost justification HUD-52672

(formerly cation required no longer required. & 52673

called on form HUD- (Although no info submitted

\"special 52672 sent to HUD, HA post

preliminary needs to continue to 10/2/95

fee\") document it incurred

the costs & retain

records for 3 yrs.)

52672 modified

instructions:

Ignore lines 20-36.

Enter total estima-

ted prelim fee on

line 37.

52673 modified

instructions: Enter

amount from line 37

of HUD-52672 on line

20\. Enter total

unused prelim fee

carry over on line

21\. Ignore lines 22

& 23. \[982.152(c)\]

Portability Under certain Portability fee 10/1/95

fee circumstances, eliminated beginning

both initial & 10/1/95

receiving HA got

preliminary fee

for a portable

family

Citizenship Pre 6/95 policy Post 6/95 policy Appli-

verifica- No requirement HA must obtain and cants

tion to verify verify evidence of admitted

citizenship & citizenship & after

immigration eligible immigration 6/19/95;

status status next

\[982.153(b) (9)\] regular

reexam

after

6/19/95

for

partici-

pants

4

WHEN

SUBJECT OLD POLICE NEW POLICY IMPLEMENTED

ACC reserve Unrequisitioned Name for 10/2/95

account ACC \$ called unrequisitioned ACC

(formerly \"project reserve \$ changed to

called account\" \"ACC reserve

\"project account\" (982.154\]

reserve

account\" &

\"project

account\")

Admin fee Excess admin fee Name for excess 10/2/95

reserve reserve called admin fee reserve

(formerly \"operating changed to \"adminis-

called reserve\". \$ trative fee

\"operating threshold for reserve\". \$ thres-

reserve\") board approval hold for board

of use of \$ for approval of use of \$

other housing for other housing

purposes stated purposes still

in admin plan. required, but not

stated in admin

plan. \[982.155\]

Depositary ACC not require HUD must send HA a 10/2/95

freeze HUD to give HA a copy of any

notice copy of any depositary freeze

depositary notice (982.156\]

freeze notice

prohibiting

withdrawal of \$

by HA without

written HUD

authorization

Electronic Pre 4/95 policy Post 4/95 policy Automated

records Electronic Telephonic electron- HAs: 6/30

submission submission of ic submission of /95, ex-

records not forms HUD-50058 & tended to

required HUD-50058-FSS 8/15/95

required by Notice

\[982.158(a) & (b)\] PIH 95-38

Nonauto-

mated

HAs:

3/2/96

5

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

Records Policy unclear\* Lease, HAP contract 10/2/95

retention & tenant application

must be kept during

term of assisted

lease & 3 yrs

thereafter. Most

other records must

be kept for 3 yrs.

\[982.158(e) \]

Eligibility Families eligi- Families eligible Admis-

of very ble for C: Low- for C & V: Very sions

low-income income families low-income families post

(50% approved by HUD & following low- 10/18/94

median) & & all very low- income families:

low-income income families - families contin-

(80% uously assisted in

median) public/Indian, §23,

families Families eligi- or §8 housing

ble for V: Very - physically dis-

low-income placed rental rehab

families, con- tenants

tinuously - nonpurchasing

assisted fami- tenants of certain

lies, & homeownership

physically programs

displaced rental - tenants displaced

rehab low-income from certain §221 &

tenants 236 projects

Families eligible

for C only:

\- low-income ten-

ants of certain HUD-

owned projects

\[982.201(b) \]

\* Unclear policy often denotes that the policy was communicated to a

limited audience and was not known by all HAs. In such cases,
implementation

of the previously communicated policy before 10/2/95 is acceptable.

6

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

\# low- Low-income (but HUD approval not Admis-

income not very low- necessary to admit sions

admissions income) admis- categories of low- post

sions only income families 10/18/94

allowed with HUD authorized in regu-

approval & when lations. \[982.201 &

approval was Part 813\]

specifically

delegated to HAs

Portability Initial HA - Income limit for Portabili-

income income limit C/V issuance: ty admis-

limit applied to initial HA income sions

portable appli- limit post

cants (nonpar- - Admission income 10/18/94

ticipant C/V limit for applicants

holders) (nonparticipant C/V

holders): receiving

HA income limit for

area where family

will be initially

assisted

\- Admission income

limits for C/V par-

ticipants switching

between programs:

receiving HA income

limit for area where

family will be

initially assisted

under the new

program

\- Income limits for

C/V participants not

switching between

programs: MA

\[982.201 &

982.353(d)\]

7

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENTED

Multijuris- Policy unclear\* - Income limit for 10/18/94

dictional C/V issuance:

HA income highest income limit

limit in HA jurisdiction

\- Admission income

limit: income limit

for area where

family will be

initially assisted

\[982.201(b)\]

Singles Pre 8/25/93: Post 8/25/93: 8/25/93

eligibility Admissions of Restrictions on

singles was admission of singles

restricted & removed, but HA must

there was a 15% still house displac-

cap on \# admis- ed single individ-

sions of singles uals, elderly

not elderly, families, & disabled

disabled, or families ahead of

displaced other singles \[Part

812 & 982.207(d)\]\]

Absent HA discretion on HA must count C/V

children in whether to count temporarily absent issued

foster care temporarily children in foster post

absent children care as an assisted 10/18/94

in foster care family member for for ap-

as an assisted purposes of any plicants

family member admission criteria &

unit size. (This Apply new

applies to both subsidy

subsidy standard & standard

HQS overcrowding at next

determinations.) reexam

\[982.201(c) & 982. post

402(b)\] 10/18/94

for par-

ticipants

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

8

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Currency of Income & family Income & family C/V

income & composition composition verif issued

family com- verif info must info must be current post

position be current within 60 days 10/18/94

verif within 120 days before C/V issuance

admission before family \[982.201(e)\]

info selection

Factors Prohibited ad- Prohibited ad- Waiting

that may mission factors: mission factors: list se-

not be con- - where family - where family cur- lections

sidered in currently lives rently lives (except & admis

deciding or will live residency pref & sions

when or after get C/V pref for tenants of post

whether to (except resi- public housing & 10/18/94

select a dency pref) other federally asst

family from - family suita- housing projects)\...

the waiting bility (except HA can\'t otherwise

list or drugs, violent (except for 2

admit a crime, owes HA permitted types of

family \$, fraud & other targetting described

regulatory rea- above) target C/V to

sons for denying applicants living in

admission) certain units or

\- discrimina- neighborhoods

tion based on - where family will

age, race, sex, live after get C/V

color, religion, \... HA still can\'t

handicap, target C/V to fami

national origin, lies who will move

presence of into certain units

children, unwed or neighborhoods

parents, welfare - prior family

recipients, & suitability policy

illegitimate - prior discrim-

children ination policy

\- higher income

ahead of lower

income applicants

\- family agreement

to join FSS

\[982.202\]

9

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Special Non-waiting list When HUD gives HA \$ Special

(non- admissions for specific fami- admis-

waiting generally not lies living in iden- sions

list) permitted tified units (e.g., post

admissions tenants living in a 10/18/94

§23 project being

converted to §8,

tenants of public

housing units being

demolished, tenants

of HUD-owned pro-

jects, tenants of

mod rehab projects

with expiring HAP

contracts), HA may

admit eligible (low

income or very low-

income, as applica-

ble) family without

putting family\'s

name on waiting list

or without regard to

waiting list

position. (Special

admission is not

permitted when HUD

gives HA \$ for

general categories

of families such as

the homeless or

families displaced

because of a natural

disaster.) \[982.203\]

C/V waiting Waiting list Waiting list must 10/18/94

list must contain contain race or

content household type ethnic designation

(elderly, dis- of head of house-

abled, family, & hold info

large family) \[982.204(b)\]

info

10

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

C/V waiting Waiting list All unit sizes Waiting

list organized by merged on 1 waiting list

selections unit size and HA list, & no HA wait- selection

by unit selections based ing list selections post

size on unit size. based on unit size. 10/18/94

Usually HA must HUD approval not

obtain HUD ap- necessary to deviate

proval to devi- from unit size mix

ate from C ACC approved in applica-

unit size mix. tion. (# units &

unit sizes deleted

from the C ACC.)

\[982.204(d)\]

\# HA C/V HA must maintain HA must maintain 1 10/18/94

waiting 1 C/V waiting tenant-based C/V

lists list (including waiting list. HA

PBC). Policy may have a separate

unclear re \# C/V PBC waiting list.

waiting lists HA may have separate

for multi- waiting lists for

jurisdictional areas within HA jur-

HA. isdiction not small-

er than a county or

municipality.

\[982.205(a)\]

11

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Merged Merged waiting HA option to main- 10/18/94

waiting list permitted tain 1 waiting list

list but administra- for several housing

tion of waiting programs. HA se-

(Merged list policy lects families for

waiting unclear\* each program based

list means on program require-

a single ments (e.g., public

waiting housing income

list for ranges and differing

more than local pref %) & may

one federal use different selec-

or local tion pref for each

housing program.

program) \[982.205(b)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

12

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Crosslist- HA offer to HA must offer to Post

ing appli- crosslist not crosslist C/V 10/18/94

cants for required applicants on any tenant

C/V, PBC, open, separate applica-

public waiting lists C/V HA tions

housing & has for public/

mod rehab Indian housing, PBC

& mod rehab. Cross-

(Crosslist listing not required

ing means when (1) applicant

placing does not want to be

applicant\'s crosslisted, (2) HA

name on only has a C or V

more than I program, or (3)

waiting separate waiting

list) list is for public

housing, PBC or mod

rehab program that

does not have suita-

ble units for appli-

cant (e.g., HA has

no 0-BR or 1-BR

units for single

person applicants).

HA must also offer

to crosslist appli-

cants for its pub-

lic/Indian housing,

PBC, & mod rehab

programs (if

applicable) on any

open, separate C/V

waiting list.

\[982.205(b)\]

13

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Content of Public notice Public notice must When HA

HA public must state where state where & when opens

notice re to apply, that to apply for C/V, & tenant-

waiting applicants for C any limitations on based

list or V are auto- who may apply waiting

matically on \[982.206(a)\] list post

waiting list for 10/18/94

other tenant-

based program, &

public housing

applicants don\'t

lose place on

public housing

waiting list if

apply for C/V

Placing Ineligible - HA has option to Applica-

applicant applicant name put ineligible ap- tions

name on an not put on plicant name on post

open C/V waiting list waiting list & defer 10/18/94

waiting applicant eligibil-

list ity determination

until name comes to

top of waiting list

\- HA cannot refuse

to place family\'s

name on open C/V

waiting list because

family has applied

for, refused, or

rented a subsidized

unit

\- HA may refuse

applic from families

for reasons listed

in reg (e.g., fraud,

owe HA \$, prior

termination from C/V

program, & drug

activity)

\[982.201, 982.206

(b), 982.552, &

982.553\]

14

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Deleting Policy unclear\* - HA cannot remove 10/18/94

applicant family\'s name from

names from C/V waiting list be

C/V waiting cause family has ap-

list plied for, refused,

or rented a subsi-

dized unit. For ex-

ample, without fami-

ly\'s consent, HA

cannot take family\'s

name off C/V waiting

list when family

leases a mod rehab,

PBC, or public hous-

ing unit. Also, HA

can\'t remove fami-

ly\'s name from C/V

waiting list because

family declines a

vacant public hous-

ing, PBC or mod

rehab unit.

\- HA may remove

name from C/V wait-

ing list if family

refuses both a C &

V, HA could refuse

an applic from fami-

ly (e.g., fraud, or

drugs), & for rea-

sons stated in admin

plan (e.g., not

responding to HA re-

quest for info or

periodic updates to

show continued inte-

rest in remaining on

waiting list).

\[982.204(c), 982.205

\(c\) 982.552, &

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

15

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Opening C/V HA could open HA may open waiting When HA

waiting waiting list for list to all appli- opens

list to certain br sizes cants or only accept tenant-

some or all or accept applic applic from speci- based

families only from a fied \# of families waiting

specified \# meeting specified list post

families in criteria. Examples 10/18/94

specific cate- follow.

gories such as - Acceptable to only

disabled & home- accept applic from

less all or a specified \#

of fed pref holders,

certain fed pref

holders such as the

homeless, & certain

local pref holders

such as disabled (if

have adequate pool

of fed pref holders)

\- Acceptable to

accept applic only

from families deter-

mined income

eligible

\- Acceptable to

refuse applic from

singles not elderly,

displaced or disa-

bled since long or

infinite wait due to

\# of elderly, disa-

bled & displaced on

waiting list

16

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Continua- NA - Unacceptable to When HA

tion of accept applic only opens

Opening C/V from families with- tenant-

waiting out children (fami- based

list to lial discrim), fami- waiting

some or all lies with children, list post

families elderly families, 10/18/94

non-elderly

families, certain br

size families, or

certain disability

groups (disability

discrim)

\[982.206(b) & (c)\]

Closing C/V - C: Mandatory No requirement for 10/18/94

waiting HA public notice HA public notice

list before closing before closing

waiting list waiting list. HA

\- V: No re- may close waiting

quirement for HA list entirely or

public notice only accept applic

before closing from specified \# of

waiting list families meeting

\- C/V: HA specified criteria

could close (see prior \"Opening

waiting list for C/V waiting list\"

certain br sizes item.) Even if

& accept applic waiting list is

only from spec- closed, HA must

ified \# families accept applic from

in specific cat- fed pref holders

egories such as unless have adequate

disabled & home- pool of fed pref

less applicants.

\[982.206(b)&(c)\]

\"Ranking Term \"ranking \"Ranking pref\" is a 10/18/94

pref\" & pref\" not used. regulatory term for

\"local Term \"local pref among fed pref

pref\" terms pref\" included holders. \[982.207\]

pref among fed

pref holders.

17

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

\# families Policy unclear\* HA selection policy 10/18/94

qualifying may limit the \# of

for ranking families qualifying

or local for any ranking or

pref local pref. For ex-

ample, HA may pro-

vide local pref for

30 disabled appli-

cants instead of all

disabled applicants

\[982.207(a) &

982.210(b)\]

10% local Separate 10% Combined C/V 10% 10/18/94

pref limit local pref local pref limit.

limits for C & V Local pref base

programs applies to waiting

list admissions.

(Special admissions

are not included in

local pref base.)

\[982.207(b)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

18

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Admissions Unclear\* Admissions not 10/18/94

counted whether counted toward 10%

toward 10% admissions of local pref limit:

local pref portable - special (non

limit families & non- waiting list) admis-

fed pref singles sion

counted towards - non-fed pref

10% local pref admission if no fed

limit pref holders on

waiting list

\- displaced single

individual without a

fed pref or family

without a fed pref

whose head, spouse

or sole member is

elderly or disabled

before a single

person with a fed

pref who is not

elderly, disabled,

or displaced

Fed pref holders

admitted based on a

local pref count

against 10% local

pref limit.

Portable families

admitted based on a

local pref count

against initial HA

10% local pref

limit. \[982.207(b),

\(c\) & (d)\]

\* Unclear policy often denotes that the policy was communicated to a

limited audience and was not known by all HAs. In such cases,
implementation

of the previously communicated policy before 10/2/95 is acceptable.

19

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Single Policy re HA must select a Waiting

person selecting non- single person who is list

waiting fed pref elder- displaced, elderly selection

list ly, disabled & or disabled (with or post

selections displaced before without a fed pref) 10/18/94

single fed pref plus elderly or

holders disabled head/spouse

unclear\* families (with or

without fed pref)

before a single

person who is not

elderly, disabled,

or displaced (with

or without fed pref)

\[812.3 & 982.207(d)\]

Prohibition Requirement NA Except in limited Waiting

of pref for situations, HA must list

families not provide a local, selection

evicted ranking or fed pref post

from asst to an applicant if 10/18/94

housing for any family member

drug- was evicted in past

related 3 yrs from public/

criminal Indian, § 23, or § 8

activity housing for drug use

or distribution

\[982.207(f)\]

Residency Residency pref With HUD approval, Waiting

pref policy when HA residency pref may list

has more than 1 be established for selection

waiting list residents living or post

unclear\* working in part of 10/18/94

HA jurisdiction, but

not smaller than

county or municipal-

ity. Residency pref

may be used as a

ranking or local

pref. \[982.208\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

20

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Local pref Public hearing Public hearing 1/18/95

public not required to (meeting, notice for

hearing implement or written comments,

revise local etc.) required to

pref implement or revise

local pref. Public

hearing not neces-

sary to adopt fed-

eral or ranking

pref. \[982.209\]

Pref for Policy unclear\* HA option to provide Waiting

working but not explic- ranking or local list

families itly prohibited pref for working selection

families. Any post

working family pref 10/18/94

must not be based on

amt of income, and

the same pref must

be given to families

whose head, spouse

or sole member is

elderly or receiving

specific disability

payments. HA option

to define preference

category; e.g.,

working family pref

may be limited to

employed head or

spouse with employ-

ment income count-

able as \"annual

income\". \[982.210

(b)(3)(iv)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

21

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Pref for Policy unclear\* HA option to provide Waiting

partici- but not explic- pref for partici- list

pants in or itly prohibited pants in or gradu- selection

graduates ates of work-related post

of work- educational & train- 10/18/94

related ing programs

educational \[982.210(b) (4)\]

& training

programs

Fed pref Regulations Sample fed pref 10/18/94

verifica- included verification

tion optional HA procedures removed

procedures verification from regulations.

procedures (Prior regulatory

verification

guidance will be

transferred to a

handbook, & HA may

continue to use)

Keeping fed NA Certain families Waiting

pref after keep pre-assisted list

move into housing fed pref for selection

public/ C/V waiting list: post

Indian - public/Indian 1/18/95

housing or housing residents

receive admitted to public

HOME /Indian housing on

tenant or after 4/26/93 who

based were on C/V waiting

subsidy list when admitted

to public/Indian

housing

\- current tenant

based HOME recipi-

ents \[982.210(c)(4)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

22

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Domestic No certification Family receiving 10/18/94

violence or HUD require- domestic violence

involuntary ments re return involuntary dis-

displace- of abuser to placement fed pref

ment fed assisted unit must certify that

pref person inflicting

violence will not

rejoin family with

out advance written

HA approval. Viola-

tion of this certif

is grounds for ter-

mination from pro-

gram. \[982.211(b)\]

23

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Definition Definition of Definition of invol- 10/18/94

of invol- involuntary untary displacement

untary displacement expanded to also

displace- included 4 dis- include displace

ment fed placement situa- ment:

pref tions - to avoid

reprisals (witness

relocation when

family provides

crime info to police

or other law en-

forcement agency &

that agency recom-

mends moving the

family)

\- by hate crimes

(actual or threat-

ened physical vio-

lence or intimida-

tion based on race,

color, religion,

sex, national

origin, disability,

or familial status)

\- by inaccessibil-

ity of unit (dis-

abled family member

unable to use

critical elements of

unit & owner not

required to make

changes as a reason-

able accomodation)

\- because of HUD

disposition of

certain types of mf

project \[982.211(b)\]

Rent burden No rent burden Applicants must be 10/18/94

fed pref minimum time paying more than 50%

frame specified income for rent for

at least 90 days

\[982.213(c)\]

24

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Appeals of Applicants Applicants denied a 10/18/94

a pref denied a fed fed, ranking or

denial pref must local pref must

receive written receive written

notice & oppor- notice & opportu-

tunity for a nity for a meeting

meeting to to review denial

review denial \[982.210(d)\]

Oral C oral briefing C/V oral briefing Post

Briefing included discus- includes discussion 10/2/95

sion of 11 of 5 areas. Several briefings

areas. V oral areas formerly

briefing includ- addressed in the

ed discussion of oral briefing are

7 areas. now covered in the

briefing info pack-

et. \[982.301(a)\]

25

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Briefing C info packet C/V info packet Post

info packet included info on includes info on 17 10/2/95

11 subjects. V subjects. New items briefings

info packet include info on fac- (\"A Good

included info on tors family should Place to

8 subjects. consider when se- Live\"

lecting unit; expla- brochure

nation of portabil- being

ity; C/V extension revised

policy; list of 1 or to in-

more interested clude

owners known to HA required

(the HA may or may info on

not include a list- factors

ing of specific family

units); upon re- should

quest, list of consider

accessible units when se-

known to HA; policy lecting

on giving owners unit.

info about family; New lead-

family obligations; based

& reasons for pro- paint

gram termination. brochure

Also, reg clarifies will be

that info packet distribut-

includes lead-based ed soon.

paint brochure (GPO: C/V

1993-351-568 or includes

replacement EPA list of

brochure) & HUD family

brochure on how to obliga-

select a unit (\"A tions &

Good Place to Live\" reasons

(HUD-H-593)). for pro-

\[982.301(b) & p. gram ter-

34668 of 7/3/95 reg mination)

preamble\]

26

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

C/V term Suspension of Suspensions of C/V Admin

suspension C/V term not term an HA option. plan

authorized Admin plan must revision

(Suspension (except for a state HA\'s policy on post

means few litigation suspensions. 10/2/95

stopping cases) \[982.303(c)\]

the clock

during HA

processing

of request

for lease

approval)

Actions Assisted lease Assisted lease may Leases

before term could not begin before HAP executed

lease term start before contract execution post

execution of the if, before lease 10/2/95

HAP contract starts:

\- HA has inspected

the unit and unit

meets HQS

\- HA has approved

lease

\- HA has determined

unit eligible

\- HA has determined

rent reasonable &

approvable

\- owner & tenant

have executed the

lease

\[982.305(a) & (b)\]

HAP HAP contract HAP contract must be HAP

contract must be executed executed no later contracts

execution before beginning than 60 calendar executed

of lease term days from beginning post

of lease term 10/2/95

\[982.305(c)\]

27

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Discretion- HA could only HA option to deny 10/2/95

ary HA deny participa- participation by an

denial of tion of an owner owner if owner has:

owner upon HUD direc- - violated obli-

tion (e.g., gations under any §

because debarred 8 HAP contract

or have EO - committed fraud,

violations) bribery or any other

corrupt or criminal

act in connection

with any federal

housing program

\- manufactured,

sold or distributed

illegal drugs

\- a history of non-

compliance with HQS

or similar standard

in any federal hous-

ing program

\- a history of

leasing units that

fail State or local

housing codes

\- not paid State or

local real estate

taxes, fines or

assessments

\[982.306(c)\]

28

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Tenant Tenant screening HA must tell owner 10/2/95

screening & an owner (not that tenant screen-

giving HA) responsi- ing is an owner

prospective bility. Policy responsibility &

owner info on HA giving that HA has not

about info about screened the family.

family family behavior HA must give pro-

to a prospective spective owner the

owner unclear\* family\'s current

address &, if known,

the name & address

of owner at family\'s

current and prior

address. HA may

provide owner other

info (e.g., drug

trafficking history,

tenancy history,

rent & tenant damage

history). \[982.307\]

Tenant Policy unclear\* In order to receive 10/2/95

capacity to assistance, at least

sign lease 1 family member must

have legal capacity

to enter into a

lease under State or

local law. In most

areas, minors (other

than emancipated mi-

nors) are not allow-

ed to sign leases.

(982.308(a)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

29

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Model lease HA could develop HA may develop a 10/2/95

and require the model lease for use

use of a model with the HUD lease

lease addendum but cannot

require owners &

families to use the

model lease

\[982.308(c)(2)\]

Lease HA reviewed HA may disapprove 10/2/95

compliance lease for com- lease if HA deter-

with State pliance with § 8 mines lease does not

or local requirements comply with State &

law local law require-

ments \[982.308(f)\]

Lease term Lease was Lease must have 10/2/95

\"endless\" and automatic renewal

could only be (e.g., mo to mo or

terminated for yr to yr) after

cause initial term. This

is a clarification

of the pre 10/95

\"endless\" lease

requirement & does

not negate the

\"endless\" lease

policy or affect

rent increases.

\[982.309(b)\]

30

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

New & New HAP contract New HAP contract Post

revised not always required for new & 10/2/95

leases required for revised leases. new &

revised leases Changing the con- revised

tract rent or tenant leases

contribution to rent

is not a lease revi-

sion for this pur-

pose. Changing the

security deposit,

family members,

utilities furnished

by owner, and accep-

tability of pets are

examples of lease

revisions.

(982.309(e)\]

Evictions Criminal act- Owner may terminate 10/95

for ivity by family tenancy for criminal lease

criminal members involv- activity by a family addendum

activity ing crimes of member, a guest or includes

physical vio- another person under this pro-

lence to per- tenant\'s control vision.

sons or property that threatens Implemen-

was an example health, safety or tation

of \"other good right to peaceful for pre

cause\" for enjoyment of prem- 10/95

terminations ises by other leases

tenants or persons depends

residing in imme- on lease

diate vicinity of content

premises. Owner may or evic-

also terminate tion

tenancy for any drug court

crime on or near finding

premises by a family whether

member, a guest or \"other

another person under good

tenant\'s control. cause\"

(982.310(c)\]

31

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Housing Policy unclear\* If owner initiates Eviction

assistance eviction action in actions

payments accordance with post

after owner lease, & family 10/2/95

begins continues to live in

eviction unit, HA must con-

(but before tinue to make pay-

family ments until family

moves) moves or is evicted

\[982.311(b)\]

Vacancy Under the C No vacancy loss HAP

loss claims program, owners payments. Owner contracts

could claim up keeps full HAP for executed

to 2 month\'s mo in which family post

contract rent moves out of unit if 10/2/95

minus the maxi- family \"skips\". If

mum security does not \"skip\" &

deposit lease is scheduled

to terminate during

the mo, owner keeps

prorated HAP for

last mo.

\[982.311(d)(1)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

32

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Housing Policy unclear\* If a C or V family 10/2/95

assistance moves with continued

payments C/V assistance, term

for 2 units of assisted lease

when a for new assisted

family unit may begin dur-

moves ing month family

moves out of old

assisted unit.

Overlap of HAP for

old unit for mo when

family moves & 1st

HAP for new unit is

not considered a

duplicative housing

subsidy.

\[982.311(d) (2)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

33

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Absence The C/V unit had Policy continues 180 day

from unit to be family\'s that C/V unit must maximum

(no family principal place be only place of absence

member in of residence residence. Family applies

unit) may be absent from to ab-

unit for brief sences

periods; HA estab- post

lishes policy in 10/2/95.

admin plan on longer

absences. Maximum Other

absence period is local

180 consecutive admin

calendar days. HA plan

may establish policy policies

on readmitting or are ap-

resuming assistance plicable

after absence (e.g., after

issue C or V when adoption.

family returns with

out selecting from

waiting list). HA

may adopt techniques

to verify family oc-

cupancy or absence.

Family must supply

info or certifica-

tion requested by HA

to verify residency

in unit.

\[982.54(d)(10), 982.

312, & 982.551(i)\]

34

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Security C maximum No maximum security HAP con-

deposits security deposit deposit limit. Lease tracts

was greater of determines security executed

\$50 or family\'s deposit amount. HA post

total tenant may opt to prohibit 10/2/95

payment. security deposits in

excess of private

In V program, HA market practice, or

had discretion in excess of amounts

to determine charged by the owner

maximum security to unassisted ten-

deposit so long ants. Owner of cur-

as the security rently assisted unit

deposit did not must execute a new

exceed one mo HAP contract (& new

rent to owner & or revised lease) to

was not so high increase security

as to prevent deposit for a C/V

program partici- unit. (Note: cur-

pation. rent FMRS are appli-

cable to new HAP

contracts.)

\[982.313(a) & (b)\]

35

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Tenant If security de- If security deposit HAP con-

damages/un- posit is insuf- is insufficient to tracts

paid rent ficient to cover cover unpaid rent, executed

claims unpaid rent, damages or other post

damages or other amounts family owes 10/2/95

amounts family under lease, owner

owes under may collect balance

lease: from family. Owner

\- C owners may may not claim reim-

claim reimburse- bursement from HA

ment from HA for for unpaid rent,

an amount not to damages or other

exceed the les- amounts owed by

ser of amount tenant under lease.

owed owner, or 2 HA no longer has to

mo contract rent determine whether

minus maximum damages are tenant-

security caused. (Old policy

deposit. stays in effect for

\- V owners may old HAP contracts.)

claim up to 1 mo (982.313(e)\]

contract rent

minus maximum

security

deposit.

36

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

When family HA could prohi- Family may move only 10/2/95;

can move, bit certain if lease is termi- local

moves moves (e.g., nated, owner is admin

during the non-statutory evicting or has plan

first yr, & portability given notice to policies

number of moves exceeding vacate, or tenant are ap-

moves in 15% of V units, has right to termi- plicable

any 1 yr no receiving HA nate lease & has after

period with a V pro- provided notice of adoption

gram, more than lease termination.

1 move per yr). HA may establish

Otherwise, policy in admin plan

family was prohibiting any move

generally free (both within & out-

to move anytime. side HA jurisdic-

tion) by a family

during the initial

yr of assisted occu-

pancy. HA may also

establish policy in

admin plan prohibit-

ing more than 1 move

(both within & out-

side the HA juris-

diction) during any

1 yr period.

\[982.314 (b) & (c)\]

37

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Who keep Policy unclear\* Admin plan must 10/2/95

C/V if describe HA policies for cer-

family on who keeps C/V tain ju-

break-up when family breaks dicial

up. If break-up is divorce &

result of a divorce separa-

or separation under tion

a settlement or break-

judicial decree, HA ups.

must follow any Other

court determination local

of which family admin

members keep the C/V plan

assistance. policies

\[982.54(d) (11) & are ap-

982.315\] plicable

after

adoption.

Ineligible HUD-owned hous- Families may lease Leases &

housing ing was ineligi- units in HUD-owned HAP

ble housing. housing. No limita- contracts

HUD FO had to tion on \# C units in executed

authorize use of HUD & FMHA subsidiz- post

C in certain HUD ed projects. (To be 10/2/95

& FMHA projects implemented by tech-

if \# of subsi- nical amendment to

dized units reg.) \[982.352(a)\]

exceeded 40%.

Prohibition Policy unclear\* Leasing a rent- 10/2/95

against C/V whether C/V restricted unit in a

family family could low-income housing

receiving lease a rent- tax credit project

another restricted unit is not a prohibited

housing in a low-income duplicative subsidy

subsidy housing tax \[982.352(c)\]

credit project

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

38

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

National C program: National portabil- C/V

portability National porta- ity is mandated for issued

(moves to bility NA. both C & V program. post

another There is no 15% cap, 10/2/95

State when V program: but national porta-

move is National porta- bility is limited to

also out bility limited moves to area with

side same to moves to an an HA administering

or a con- area with an HA C or V program.

tiguous MSA administering V \[982.353(b)\]

as MSA program. HA

within could prohibit

which national porta-

initial HA bility after V

is located) portability

moves equaled

15% of \# of

leased units.

Portability Policy unclear\* Clarifies that 10/2/95

definition \"Living within \"living within the

of nonres the HA jurisdic- HA jurisdiction at

ident ap- tion at the time the time the family

plicants the family applied for assis-

(domicile) applied for tance\" is defined as

assistance\" not having a domicile

further defined. (legal residence of

household head or

spouse in accordance

with State & local

law) in HA jurisdic-

tion. Generally,

transient residence

(e.g., short term

motel stays) does

not meet domicile

test. \[982.353(c)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

prevlously communicated policy before 10/2/95 is acceptable.

39

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Selection Policy unclear\* If there is more 10/2/95

of receiv- than 1 HA with

ing HA when jurisdiction in area

there is where portable

more than 1 family wants to

option move, initial HA may

choose receiving HA

\[982.355(b)(1)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

40

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Receiving - If billing, Receiving HA may 10/2/95

HA choice receiving HA only bill for form

whether to with V program of subsidy issued by

issue C or must issue V to initial HA. If re-

V incoming porta- ceiving HA absorbs

ble family with family, receiving HA

a V. If receiv- chooses whether to

ing HA absorbed issue C or V to port

family, receiv- family unless

ing HA could switching subsidy

switch subsidy will make family

to C program. ineligible because

\- If billing, income exceeds

receiving HA income limits. If

with C program switching subsidy

must issue C to makes the family

incoming port ineligible, the HA

family with a C. can\'t switch and

If receiving HA must continue to

absorbed family, assist family in

receiving HA same program.

could switch \[982.355(b)(2)\]

subsidy to V

program.

\- Receiving HA

with C program

but no V program

did not have to

assist incoming

V family moving

under national

portability. HA

could opt to ab-

sorb the family

into C program

or administer V

& bill initial

HA.

41

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Portability - Income eligi- - Initial HA 10/2/95

procedures bility was not determines income

redetermined eligibility for the

even if family area to which appli-

switched between cant is moving (see

C & V programs p. 7 of this chart).

\- Generally, Receiving HA may opt

receiving HA to do new

determined what cert/reexam, but

info had to be generally can\'t

sent from delay unit approval

initial HA because of

\- No require- cert/reexam process.

ment to promptly - Initial HA must

tell initial HA give receiving HA

that unit was most recent 50058

leased and related verifi-

cation info

\- Receiving HA must

promptly notify

initial HA if family

has leased a unit

\[982.355(c))

Portability Policy unclear\* HUD may reduce 10/2/95

sanctions initial or receiving

HA\'s admin fee for

noncompliance with

portability require-

ments (982.355(e)

\(4\) & (5))

Portability Optional use of Mandatory use of HUD Upon re-

billing HUD billing form billing form ceipt of

form (982.355(e) (5)) HUD no-

tice

trans-

mitting

portabil-

ity bill-

ing form

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

42

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Portability Up to 50% of FY The final rule lists Whenever

Funding 95 fair share several options for HUD im-

allocation for portability reim- plements

each allocation bursements. HUD HQ any of

area was to be may decide to use the

used for porta- any of these options

bility reim- options.

bursement. Be- \[982.355(f)\]

cause of the

recission, FY 95

funds not avail-

able for this

purpose.

HQS Policy unclear\* Microwave oven may Initial

microwave be substituted for or annual

oven- tenant-supplied oven HQS

accepta- & stove or range. inspec-

bility Microwave oven may tion post

criteria be substituted for 10/2/95

owner-supplied oven

& stove or range

only if tenant

agrees & microwave

ovens are furnished

instead of an oven &

stove or range to

both subsidized &

unsubsidized

tenants.

\[982.401(c)(2)\]

HQS space & Windows that are Windows that are Initial

security nailed shut are nailed shut are or annual

standard acceptable only acceptable only if HQS

if not needed not needed for inspec-

for an alternate ventilation or an tion post

fire exit alternate fire exit 10/2/95

\[982.401(d)\]

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

43

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

HQS lead- LBP requirements LBP requirements NA Initial

based paint NA to 0-BR to 0-BR & elderly or annual

(LBP) ap- units, units units, units built HQS

plicability built after after 1978, units inspec-

1978, & units not occupied by tion post

not occupied by children under 6, & 10/2/95

children under 7 units certified to

be free of LBP

\[982.401(j)\]

Definition A paint surface A paint surface with Initial

of lead- with lead lead content greater or annual

based paint content greater than or equal to 1 HQS

(LBP) than or equal to mg/cm2, 0.5% by inspec-

1 mg/cm2 weight, or 5000 tion post

parts per million 10/2/95

\[982.4Ol(j)(2)\]

Definition EBL of 25 ug/dl EBL of 20 ug/dl or Initial

of elevated or greater. greater in 1 test, or annual

blood level or 15-19 ug/dl in 2 HQS

(EBL) consecutive tests 3- inspec-

4 mos apart tion post

\[982.401(j)(2)\] 10/2/95

LBP HA had to in- HA must inspect all Initial

inspection spect all inte- surfaces within or annual

require- rior & exterior unit, entrance & HQS

ments for surfaces for hallway providing inspec-

applicable defective paint. access to unit, & tion post

units exterior building 10/2/95

surfaces up to 5 ft

from ground (&

accessible to child-

ren) for defective

paint

\[982.401(j)(3)\]

44

WHEN

SUBJECT OLD POLICE NEW POLICE IMPLEMENT

Treatment Defective paint Defective paint on Initial

of on inspected inspected surfaces or annual

defective surfaces had to must be treated if: HQS

paint in be treated. - more than 10 sq inspec-

applicable (Scraping & ft on an exterior tion post

units & on repainting de- wall 10/2/95

applicable fective paint - more than 2 sq ft

surfaces spots was ade- of large surface

quate treat- areas such as ceil

ment.) Treat- ings, floors, doors,

ment of defec- interior (but not

tive paint was exterior) walls,

required in 30 decks, & stairs

days. Exterior - more than 10% of

repainting could small surface areas

be delayed for such as window

adverse weather, sills, baseboards,

but covering or trim, stairs &

removal of railings.

defective exte-

rior paint had Exterior repainting

to be completed & covering or remov-

within 30 days. al of exterior paint

may be delayed for

adverse weather.

\[982.401(j)(3) &

(6)(i)\]

45

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Additional Lead content of Same as prior policy Initial

LBP paint on inte- except lead content or annual

require- rior & exterior of chewable surfaces HQS

ments for chewable sur- may also be tested inspec-

chewable faces within 5 by lab analysis of tion post

surfaces ft from floor or paint samples, & 10/2/95

for pre- ground (& acces- chewable surfaces on

1978 units sible to child- entrance & hallway

with EBL ren) had to be providing access to

child under tested by using unit must also be

6 an XRF or other tested.

HUD approved \[982.401(j) (4) &

method. In lieu (5)\]

of testing, ow-

ner could assume

these chewable

surfaces had

defective paint

& treat painted

surfaces.

LBP Scraping, wash- Wet scraping; dry Initial

acceptable ing, sanding, scraping around or annual

paint wire-brushing, electrical outlets & HQS

removal heat treatment spots up to 2 sq ft inspec-

methods (infra-red or in any 1 interior tion post

coil type heat room or space or up 10/2/95

guns) or to 20 sq ft on exte-

chemicals rior surfaces; wet

sanding; chemical

stripping; scraping

with infra-red or

coil type heat gun

with temp below 1100

degrees; HEPA vacuum

sanding; HEPA vacuum

needle gun; contain-

ed hydroblasting or

high pressure wash

with HEPA vacuum; &

abrasive sand-blast-

ing with HEPA vacuum

\[982.401(j)(6)(ii)\]

46

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

LBP Machine sanding Open flame burning Initial

prohibited & propane or or torching; machine or annual

paint gasoline torches sanding or grinding HQS

removal (open-flame without a HEPA ex- inspec-

methods methods) haust; uncontained tion post

hydro-blasting or 10/2/95

high pressure wash;

& dry scraping

except as indicated

above under

\"acceptable paint

removal methods\"

\[982.401(j)(6)(iii)\]

LBP Owner must take - Exterior soil & Initial

tenant appropriate playground equipment or annual

protection action to pro- must be protected HQS

during tect tenants from contamination inspec-

treatment from hazards - Interior: family tion post

associated with must not enter 10/2/95

abatement proce- spaces undergoing

dures treatment until

cleanup is complete-

ed. Personal be-

longings in work

areas must be moved

or protected from

contamination

\[982.401(j)(6)(iV) &

(7)\]

LBP dust NA After treatment, Initial

cleanup of mandatory cleanup of or annual

work area all surfaces in HQS

room or area of inspect-

treatment by wet tion post

washing surfaces 10/2/95

with a lead solubi-

lizing detergent

such as trisodium

phosphate (TSP)

\[982.401(j)(6)(v)\]

47

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Owner NA Before HAP contract, HAP

notice of owner must inform HA contracts

any known & family of any executed

LBP knowledge of LBP on post

the unit surfaces. 10/2/95

Request for Lease

Approval dated 9/95

advises owner of

this requirement.

\[982.401(j) (8)\]

Obtaining & NA HA must attempt to Annually

matching annually match names beginning

EBL data & addresses of pro- sometime

gram participants between

with names & addres- 10/2/95 -

ses of EBL children 9/30/96

identified by local

health agencies. If

a match occurs &

local health

officials have

tested & found LBP,

owner must treat

lead paint.

\[982.401(j)(9)\]

Determining NA \"Occupancy stan- 10/2/95

family unit dards\" renamed

size under \"subsidy standards\"

HA subsidy \[982.402\]

standards

(Subsidy

standards

were

formerly

called

occupancy

standards)

48

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Unit size HA occupancy The family unit size C/V

for a standards must for single persons issued

single provide for the (without a live-in post

person smallest \# aide) must be an 10/2/95

necessary BR efficiency or 1 BR for ap-

unit plicants

\[982.402(b) (7)\]

Apply new

subsidy

standard

at next

reexam

post

10/2/95

for par-

ticipants

V subsidy V subsidy was V subsidy is based Families

amount based on unit on lower of PS for admitted

size for which family unit size, or post

the family qual- PS for unit size 10/2/95 &

ified based on rented by the family partici-

HA occupancy \[982.402(c)(2)\] pants who

standards, not move post

on unit size 10/2/95

leased by family

49

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Tenant- Owner respon- Family responsible HA may

caused HQS sible for all for HQS violations terminate

violations HQS violations. caused by : asst for

HA had to either - family failure to grounds

abate housing pay for tenant- in con-

assistance pay- supplied utilities forming

ments or termi- - family failure to rule any

nate HAP con- provide and maintain time be-

tract for uncor- tenant-supplied ginning

rected HQS vio- appliances 10/2/95

lations. - damage caused by

the family or guest (Although

to unit or premises advance

notice of

HA may terminate new

assistance to family policy

for these HQS viola- not re-

tions. (Families quired

must be given oppor- before

tunity for informal initiat-

hearing re any ter- ing ter-

mination.) Until mination

assistance is ter- of asst,

minated, HA must not it is

stop HAP to owner or recom-

terminate HAP con- mended

tract because of that HAs

family-caused HQS provide a

violations. \"heads

\[982.404(a) (4) & up\" no-

982.404(b) (1)\] tice to

partici-

pants

before

imple-

menting

new ter-

mination

policy.)

50

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Deadline NA If an HQS breach 10/2/95

for correc- caused by the family

tion of HQS is life threatening,

breach by the family must cor-

family rect defect within

no more than 24 hrs.

For other family

caused defects,

family must correct

defect within no

more than 30 cal-

endar days (or any

HA extension).

(982.404(b)(2)\]

HA payment Policy unclear\* If housing assis- 10/2/95

of late fee tance payments are

to owner late, HA may be

obligated to pay the

owner a late payment

fee in accordance

with State or local

law. (Federal

regulations do not

override State or

local law in this

area.) HA must pay

this fee from its

earned admin fee or

admin fee reserve

unless another

source is authorized

by HUD.

\[982.451(c) (5)\]

Owner NA Drug-trafficking is HAP

breach of a breach of the HAP contracts

HAP con- contract executed

tract for \[982.453(a)(5)\] post

drug 10/2/95

trafficking

\* Unclear policy often denotes that the policy was communicated to a
limited

audience and was not known by all HAs. In such cases, implementation of
the

previously communicated policy before 10/2/95 is acceptable.

51

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Automatic Automatic HAP Automatic HAP HAP

HAP contract ter- contract termina- contracts

contract mination 1 yr tion 180 calendar executed

termination after date of days after last post

because no last housing housing assistance 10/2/95

subsidy is assistance payment to owner

paid payment to owner \[982.455(a)\]

90 day Owner required Same policy except: Post

owner to send termina- - 90 day owner 10/2/95

termination tion notice to termination notice owner

notice tenant, HA & HUD is triggered when termina-

FO 90 days be- HAP contract auto- tion

fore terminating matically expires notices

HAP contract because no subsidy

because of an is paid for past 180

opt-out (termi- days (not 1 yr)

nation for - offer to owner to

\"other good execute new HAP

cause\" that is a contract limited to

business or opt-outs

economic reason) \[982.455(b)\]

or expiration

(no subsidy paid

for past yr or

insufficient ACC

\$). HUD reviews

notice for

legality of the

termination &

correctness of

rent. Owner may

be offered a new

HAP contract for

execution.

52

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

New family NA New family obliga- HA may

obligations tions: terminate

which, if - providing evi- asst for

not met, dence of citizenship grounds

are grounds or eligible immigra- in con-

for HA sub- tion status forming

sidy ter- - not cause HQS rule any

mination violations relating time be-

to tenant/guest ginning

damages or tenant- 10/2/95

supplied utilities & (Families

appliances must be

\- not commit any given op-

serious or repeated portunity

lease violation for in-

\- notify owner formal

before vacate unit & hearing

give HA copy of the re any

lease termination termina-

notice when notice tion.

is given to owner Although

\- promptly give HA advance

copy of any owner notice of

eviction notice new poli-

\- use assisted unit cy not

for family\'s only required

residence. (Family before

members may engage initiat-

in legal profit- ing ter-

making activities in mination

unit if such activ- of asst,

ities are incidental it is

to primary use of recom-

unit for a resi- mended

dence. Lease may that HAs

require owner provide a

approval for any \"heads

business use of unit up\" no-

or otherwise regu- tice to

late business use.) partici-

\- promptly notify HA pants

if any family member before

no longer resides in imple-

unit menting

53

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Continua- NA New family obliga- new ter-

tion of new tions, continued: mination

family - promptly inform policy.)

obligations HA of birth, adop- Citizen-

which, if tion or custody of a ship info

not met, child & request HA required

are grounds approval to add any at next

for HA sub- other family member regular

sidy ter- - comply with HA reexam

mination requirements for after

residence by a 6/19/95

foster child or for

live-in-aide partici-

\- promptly notify pants.

HA of absence from Special

unit, supply info or proce-

certif requested by dures

HA to verify that must be

family is living in followed

unit, or relating to to delay,

family absence from deny or

unit ter-

\- not commit bri- minate

bery or any other assis-

corrupt or criminal tance

act in connection because

with the C/V pro- of the

grams immigra-

\[Part 812, 982.551, tion

& 982.552 (e)\] status of

a family

member.

54

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

When Distinction was Grounds for denying HA may

assistance made between assistance to an terminate

may be grounds for applicant & termi- asst for

terminated denying assis- nating assistance to grounds

for par- tance to an ap- a participant are in con-

ticipants plicant & ter- identical. \"ABC\" forming

based on minating assis- problem eliminated. rule any

new policy tance to a par- Termination of time be-

ticipant. Even assistance can occur ginning

when there were any time there are 10/2/95

grounds for ter- grounds for termi-

minating assis- nation. \[982.552\]

tance, an HA

generally had to

delay the ter-

mination until a

new C/V, lease

or HAP contract

was requested

(referred to as

\"A to B to C\"

\[ABC\] problem)

New grounds NA New grounds for 10/2/95

for denial denying or termi-

or termina- nating assistance:

tion of - eviction from

assistance public housing by

any family member

\- termination from

C/V program by any

family member

\- actual or threat-

ened abusive or

violent behavior

toward HA personnel

\[982.552(b)\]

55

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Denial of HA may not deny HA may not deny or 10/2/95

assistance or terminate terminate assistance

because of assistance for for drug-related

illegal drug-related criminal activity

drug use or criminal activ- for use or posses

possession ity for use or sion by a family

for possession by a member, if family

personal family member, member can demon-

use in the if family member strate that he or

last year can demonstrate she is recovering,

that he or she or has recovered

has recovered from such addiction

from such addic- & does not currently

tion & does not use or possess con-

currently use or trolled substances

possess control- \[982.553(b)(2)\]

led substances

Criminal HA may deny or HA may deny or ter- 10/2/95

activity terminate minate assistance if

\"felony\" assistance for any family member

distinction felonious drug- commits \"illegal\"

eliminated related criminal drug-related or

activity or violent criminal

violent criminal activity without

activity by any regard to whether

family member the crime is tech-

nically classed a

felony \[982.553\]

New in- Informal hearing In cases of assis- 10/2/95

stances required when- tance termination,

when ever HA informal hearing

informal terminates only required in

hearing or assistance specified cases.

review not Also, informal

required hearing or review

not required for HA

decision not to

suspend C/V term.

\[982.555(a)\]

56

WHEN

SUBJECT OLD POLICY NEW POLICY IMPLEMENT

Pre-hearing NA Family must be given Post

discovery the opportunity to 10/2/95

examine & copy (at hearings

family\'s expense)

relevant HA docu-

ments before HA

hearing. HA may

adopt in admin plan

similar policy for

HA examination of

relevant family

documents.

\[982.555(e)(2)\]

57