U.S. Department of Housing and Urban Development OMB No. 2577-0226 Annual PHA Plan Office of Public and Indian Housing Expires: 02/29/2016 (Standard PHAs and Troubled PHAs)
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.
Applicability. Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: The Community Development Authority PHA Code: WI-003 PHA Type: X Standard PHA Troubled PHA PHA Plan for Fiscal Year Beginning: (MM/YYYY): 01/01/2018 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units: 774 Number of Housing Choice Vouchers (HCVs): 1891 Total Combined Units/Vouchers: 2665 PHA Plan Submission Type: Annual Submission X Revised Annual Submission
Availability of Information. PHAs must have the elements listed below in sections B and C readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.
PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below)
Program(s) not in the No. of Units in Each Program Participating PHAs PHA Code Program(s) in the Consortia Consortia PH HCV Lead PHA:
Page 1 of 18 form HUD-50075-ST (12/2014)
B. Annual Plan Elements
B.1 Revision of PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA?
Y N X Statement of Housing Needs and Strategy for Addressing Housing Needs (CDA Wait List data only) X Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. X Financial Resources. X Rent Determination. X Operation and Management. X Grievance Procedures. X Homeownership Programs. X Community Service and Self-Sufficiency Programs. X Safety and Crime Prevention. X Pet Policy. X Asset Management. X Substantial Deviation. X Significant Amendment/Modification
(b) If the PHA answered yes for any element, describe the revisions for each revised element(s):
Statement of Housing Needs and Strategy - See Housing Needs (Page 4 – 8) Financial Resources – See Financial Resources (Page 10) Operation and Management – See Significant Amendment / Modification (Page 11), and New Activities (Page 12-14) Homeownership Programs – See New Activities (Page 13) Community Service and Self-Sufficiency Programs – See Significant Amendment / Modification (Page 11), and New Activities (Page 13) Safety and Crime Prevention – See New Activities (Page 14) Significant Amendment / Modification – See Significant Amendment / Modification (Page 11)
(c) The PHA must submit its Deconcentration Policy for Field Office review.
See Deconcentration Policy (Page 9)
B.2 New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year?
Y N X Hope VI or Choice Neighborhoods. X Mixed Finance Modernization or Development. X Demolition and/or Disposition. X Designated Housing for Elderly and/or Disabled Families. X Conversion of Public Housing to Tenant-Based Assistance. X Conversion of Public Housing to Project-Based Assistance under RAD. X Occupancy by Over-Income Families. X Occupancy by Police Officers. X Non-Smoking Policies. X Project-Based Vouchers. X Units with Approved Vacancies for Modernization. X Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).
(b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan.
See New Activities (Page 13 – 15)
Page 2 of 18 form HUD-50075-ST (12/2014)
B.3 Civil Rights Certification.
Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan.
B.4 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N X
(b) If yes, please describe: See attached City of Madison Corrective Action Plan
B.5 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan.
See Progress Report (Page 15 – 18)
B.6 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) provide comments to the PHA Plan? Y N X
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
B.7 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
B.8 Troubled PHA. (a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place? Y N N/A X
(b) If yes, please describe:
C. Statement of Capital Improvements. Required for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP).
See attached HUD-50075.1, Annual Statement/Performance and Evaluation Reports
Capital Improvements. C.1 Include a reference here to the most recent HUD-approved 5-Year Action Plan (HUD-50075.2) and the date that it was approved by HUD.
See attached HUD 50075.2, Capital Fund Program Five Year Action Plan approved by HUD on 5/13/2014.
Page 3 of 18 form HUD-50075-ST (12/2014)
B.1 Revision of PHA Plan Elements Housing Needs The City of Madison’s housing needs are overwhelmingly driven by a mismatch between income and housing cost, resulting in high levels of housing cost burden. Housing cost burden is prevalent among non-family renter households with income below 30% of Area Median Income. The HUD Area Median Family Income (HAMFI) for the Madison, Wisconsin metro area is $85,200 for a family of 4.
Housing Needs Assessment - Household Type By Income
Percentage by HUD Area Median Family Income (HAMFI) 0-30% >30%-50% >50%-80% >80%-100% >100% Number of Households HAMFI HAMFI HAMFI HAMFI HAMFI Total Households * 17% 12% 17% 11% 44% Small Family Households (2-4 people)* 9% 9% 12% 10% 60% Large Family Households (5 or more people) * 13% 12% 17% 13% 44%
Household contains at least one person 62-74 years of age 9% 9% 17% 10% 55%
Household contains at least one person age 75 or older 11% 19% 18% 12% 40% Households with one or more children 6 years old or younger * 15% 14% 19% 14% 38%
* The highest income category for these family types is >80% HAMFI
Renter Housing Problems - Cost Burdened > 30% - By Income and Type (Paying more than 30% of income toward rent)
Cost Burden > 30% 0-30% AMFI >30%-50% AMFI >50%-80% AMFI
NUMBER OF HOUSEHOLDS Small Related 50% 36% 14% Large Related 67% 28% 5% Elderly 42% 40% 18% Other 59% 26% 15% Total need by income 56% 30% 14%
Renter Housing Problems - Severely Cost Burdened > 50% - By Income and Type (Paying more than 50% of income toward rent)
Cost Burden > 30% 0-30% AMFI >30%-50% AMFI >50%-80% AMFI NUMBER OF HOUSEHOLDS Small Related 79% 20% 1% Large Related 88% 12% 0% Elderly 66% 31% 3% Other 86% 12% 2% Total need by income 83% 15% 2%
Data Source: 2006-2010 CHAS
Page 4 of 18 form HUD-50075-ST (12/2014)
Renter Housing Problems – Crowding By Income and Type (More than one person per room) 0-30% >30%-50% >50%-80% >80%-100% Crowding AMFI AMFI AMFI AMFI
NUMBER OF HOUSEHOLDS Single family households 57% 13% 18% 12% Multiple, unrelated family households 15% 70% 15% 0% Other, non-family households 34% 22% 25% 19% Total need by income 47% 20% 20% 13%
Disproportionately Greater Need: Housing Cost Burdens
Housing Cost Burden <=30% 30%-50% >50%
Jurisdiction as a whole 60% 20% 20% White 63% 19% 18% Black / African American 43% 20% 37% Asian 51% 18% 31% American Indian, Alaska Native 68% 20% 12% Pacific Islander 0% 0% 0% Hispanic 57% 20% 23%
Needs of Elderly / Disabled Per the 2010 Census, 22,383 people (9.6% of the City of Madison population) were 65 years of age or older. According to the American Community Survey, the 2012 national average for adults, age 18 to 64 with at least one disability, was 10.1%. This compares to 6.7% for residents of the City of Madison.
Data Source: 2006-2010 CHAS
Page 5 of 18 form HUD-50075-ST (12/2014)
Disproportionately Greater Need: Housing Problems
Assessment of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. The four housing problems are: 1.) Lacks complete kitchen facilities; 2.) Lacks complete plumbing facilities; 3.) More than one person per room; 4.) Cost burden greater than 30%.
Has one or more of four Has none of the four Housing Problems housing problems % housing problems %
0% - 30% AMI
Jurisdiction as a whole 15,490 88% 2,155 12%
White 10,975 89% 1,315 11%
Black/African American 1,970 92% 175 8%
Asian 1,460 76% 455 24%
American Indian, Alaska Native 24 71% 10 29%
Pacific Islander - 0% - 0%
Hispanic 695 91% 70 9%
>30% - 50% AMI
Jurisdiction as a whole 9,425 79% 2,490 21%
White 7,775 79% 2,050 21%
Black/African American 640 75% 215 25%
Asian 375 80% 95 20%
American Indian, Alaska Native 20 45% 24 55%
Pacific Islander - 0% - 0%
Hispanic 450 80% 110 20%
>50% - 80% AMI
Jurisdiction as a whole 7,460 42% 10,190 58%
White 6,095 43% 8,195 57%
Black/African American 280 30% 655 70%
Asian 540 55% 435 45%
American Indian, Alaska Native 10 33% 20 67%
Pacific Islander - 0% - 0%
Hispanic 375 34% 725 66%
>80% - 100% AMI
Jurisdiction as a whole 2,975 26% 8,570 74%
White 2,635 26% 7,340 74%
Black/African American 40 10% 370 90%
Asian 105 24% 325 76%
American Indian, Alaska Native 4 14% 25 86%
Pacific Islander - 0% - 0%
Hispanic 160 26% 450 74%
For household with income under 50% of AMI, the vast majority of households have one or more housing problems, regardless of race or ethnicity. However, for households with income above 50% of AMI, African American households have significantly lower rates of housing problems than White, Asian, or Hispanic households. Data Source: 2006-2010 CHAS
Page 6 of 18 form HUD-50075-ST (12/2014)
Disproportionately Greater Need: Severe Housing Problems Assessment of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. The four housing problems are: 1.) Lacks complete kitchen facilities; 2.) Lacks complete plumbing facilities; 3.) More than one person per room; 4.) Cost burden greater than 50%.
Has one or more of four Has none of the four housing Housing Problems housing problems % problems %
0% - 30% AMI
Jurisdiction as a whole 14,010 79% 3,635 21%
White 9,980 81% 2,305 19%
Black/African American 1,690 79% 455 21%
Asian 1,310 68% 605 32%
American Indian, Alaska Native 24 71% 10 29%
Pacific Islander - 0% - 0%
Hispanic 630 82% 135 18%
>30% - 50% AMI
Jurisdiction as a whole 3,995 34% 7,920 66%
White 3,255 33% 6,575 67%
Black/African American 275 32% 575 68%
Asian 185 40% 280 60%
American Indian, Alaska Native - 0% 44 100%
Pacific Islander - 0% - 0%
Hispanic 260 46% 300 54%
>50% - 80% AMI
Jurisdiction as a whole 1,955 11% 15,695 89%
White 1,390 10% 12,900 90%
Black/African American 110 12% 825 88%
Asian 290 30% 685 70%
American Indian, Alaska Native - 0% 30 100%
Pacific Islander - 0% - 0%
Hispanic 155 14% 945 86%
>80% - 100% AMI
Jurisdiction as a whole 355 3% 11,190 97%
White 230 2% 9,745 98%
Black/African American 4 1% 405 99%
Asian 70 16% 360 84%
American Indian, Alaska Native - 0% 30 100%
Pacific Islander - 0% - 0%
Hispanic 50 8% 560 92%
For households with incomes under 30% of AMI, the vast majority of households have one or more severe housing problems, regardless of race or ethnicity. However, for households with income above 30% of AMI, Asian and Hispanic households have significantly higher rates of severe housing problems
Data Source: 2006-2010 CHAS
Page 7 of 18 form HUD-50075-ST (12/2014)
Housing Needs – CDA Wait Lists as of 8/01/2017
CDA Wait Lists Statistical Summary
Public Housing Multifamily Housing Section 8 # of % of total # of % of total # of % of total Families families Families families Families families WAIT LIST TOTAL 1564 1160 1518
INCOME QUALIFICATIONS Extremely low income (<=30% AMI) 1373 87.79% 1035 89.22% 1253 82.54% Very low income (>30% but <=50% AMI) 171 10.93% 109 9.40% 242 15.94% Low income (>50% but <80% AMI) 20 1.28% 16 1.38% 23 1.52%
FAMILY COMPOSITION Families with children 1220 78.01% 243 20.95% 1064 70.09% Elderly Families 97 6.20% 264 22.76% 37 2.44% Families with Disabilities 201 12.85% 623 53.71% 128 8.43% Single 46 2.94% 30 2.59% 289 19.04%
RACE African American 1029 65.79% 543 46.81% 1285 84.65% White 466 29.80% 567 48.88% 201 13.24% Asian 47 3.01% 26 2.24% 8 0.53% American Indian/Alaska Native 9 0.58% 7 0.60% 4 0.26% Native Hawaiian/Other Pacific Islander 6 0.38% 4 0.34% 4 0.26% Not Assigned 7 0.45% 13 1.12% 16 1.05%
ETHNICITY Hispanic or Latino 107 6.84% 46 3.97% 53 3.49% Not Assigned 0 0.00% 0 0.00% 0 0.00% Not Hispanic or Latino 1457 93.16% 1114 96.03% 1465 96.51%
CDA Wait Lists By Bedroom Size
Public % of total Multifamily % of total Bedroom Size Housing Wait List Housing Wait List One-Bedroom 311 19.88% 897 77.33% Two-Bedroom 762 48.72% 243 20.95% Three-Bedroom 319 20.40% 20 1.72% Four-Bedroom 148 9.46% 0 0.00% Five-Bedroom 24 1.53% 0 0.00%
Page 8 of 18 form HUD-50075-ST (12/2014)
Deconcentration Policy
The CDA will determine the average income of all families in all covered developments on an annual basis. The CDA will determine the average income of all families residing in each covered development (not adjusting for unit size) on an annual basis. For developments outside the Established Income Range (EIR) the CDA will take the following actions to provide for deconcentration of poverty and income mixing: Provide incentives to encourage families to accept units in developments where their income level is needed, including rent incentives or added amenities. The CDA may offer one or more incentives for a particular development. Various incentives may be used at different times, or under different conditions, but will always be provided in a consistent and nondiscriminatory manner Identify any impediments to fair housing within the program and use affirmative marketing plans to encourage families to accept units in developments where their income level is needed Target investment and capital improvements toward developments with an average income below the established income range (EIR) to encourage families with incomes above the EIR to accept units in those developments Skip a family on the waiting list to reach another family with income above the EIR. Skipping families for deconcentration purposes will be applied uniformly to all families. A family will have the sole discretion whether to accept an offer of a unit made under the CDA’s deconcentration policy. The CDA will not take any adverse action toward any eligible family for choosing not to accept an offer of a unit under the CDA’s deconcentration policy. However, the CDA will uniformly limit the number of offers received by applicants [and transfer families] as described in the CDA’s Admissions and Continued Occupancy, Tenant Selection, policy Assign transfers for a designated project that will contribute to the CDA’s deconcentration goals Provide other strategies permitted by statute and determined by the CDA in consultation with the community through the annual plan process to be responsive to local needs and CDA strategic objectives
Page 9 of 18 form HUD-50075-ST (12/2014)
Financial Resources
Statement of Financial Resources Sources Planned $ Planned Uses 1. Federal Grants (2017) a.) Public Housing Operating Fund $ 1,320,460 b.) Public Housing Capital Fund $ 1,116,675 c.) Section 8 Housing Assistance Payments $12,832,579 d.) Section 8 Administrative Fund $ 1,100,445 e.) Multifamily Housing Assistance Payments $ 842,118 f.) Section 8 Family Self-Sufficiency Grant $ -0- Section 8 FSS Program Services g.) Multifamily Housing Service Coordinator Grant $ 154,560 Multifamily Resident Services h.) Public Housing Resident Opportunities and Self- $ 72,088 Public Housing Resident Services Sufficiency Grant (3 Year Grant)
2. Prior Year Federal Grants (Unobligated Funds Only) $ 577,886 Public Housing Capital Improvements
3. Public and Multifamily Housing Dwelling Rental $ 3,128,783 Public and Multifamily Housing Operations Income
4. Other Non-Dwelling Income $ 339,209 Public and Multifamily Housing Operations
5. Non-Federal Sources a.) City of Madison General Fund $ 174,219 PHA Operations
Page 10 of 18 form HUD-50075-ST (12/2014)
Significant Amendment / Modification
CDA Substantial Deviation Criteria The Annual Plan, along with other documents required by HUD (e.g. Section 8 Administrative Plan, Public Housing Admissions and Continued Occupancy Policies, etc.) are valuable tools in explaining to the public, the CDA’s policies and procedures. These documents are organized, readily accessible, and easy to understand. Revisions are made to help clarify these policies and procedures. Situations can arise that were not anticipated and these revisions can help to clarify what was implied or understood by the Housing Authority. Also, some administrative procedures are outlined in the CDA’s policies and these can be modified to improve efficiencies. A significant amendment or substantial deviation does not include any changes in HUD rules and regulations, which require or prohibit changes to activities listed herein; and a significant amendment or substantial deviation would be a change which was completely contradictory to existing policies and had a potentially substantial impact on a significant number of program participants and or applicants.
The CDA plans to revise the following Section 8 Housing Choice Voucher Program Administrative Plan Policy:
Family Unification Program and Family Self-Sufficiency Demonstration
This policy change will extend the 36-month time limit on rental assistance for FUP youth to the length of the FSS contract.
Move Up Preference
The CDA may create a “Moving Up” preference for a limited number of families who reside in Permanent Supportive Housing and who were previously homeless prior to entering Permanent Supportive Housing but who no longer need that level of supportive services.
Violence Against Women Act (VAWA)
The CDA has updated its Section 8 policies in accordance with the provisions of VAWA 2013, including an emergency transfer plan. See attached list of revisions.
The CDA plans to revise the following Public Housing Admissions and Continued Occupancy Policy:
Violence Against Women Act (VAWA)
The CDA has updated its Public Housing policies in accordance with the provisions of VAWA 2013, including an emergency transfer plan. See attached list of revisions.
Page 11 of 18 form HUD-50075-ST (12/2014)
B.2 New Activities
The CDA will continue to set goals addressing objectives that increase and expand the CDA’s supply of assisted housing. The CDA’s Long Range Planning Committee has recommended redevelopment and/or replacement of existing CDA Public Housing, and the CDA will continue to follow those recommendations, as well as continue to identify sites for renovation or disposition. The CDA will focus on income generating opportunities and pursue renovation and rehabilitation of CDA Public Housing through available funding, including Capital Funds, Hope VI, Choice Neighborhoods, Tax Credit programs, and Rental Assistance Demonstration conversions. Such efforts may involve partnerships with private and non-profit developers to increase affordable housing for Mixed Finance Modernization or Development. Potential sites for renovation and rehabilitation include, but are not limited to Truax, Baird Fisher, Webb Rethke, The Triangle, Romnes Apartments, and Scattered Site East and West Housing.
The Triangle is one site currently being evaluated for its future needs. In 2015, The City of Madison Planning Division conducted visioning and sustainable design workshops with Triangle neighborhood residents and other stakeholders in the area through a City EPA grant. The Triangle neighborhood was examined for potential design improvements to make the neighborhood and park more accessible for people of all abilities, to provide more plants and trees to address environmental and water quality issue of Monona Bay, and to support community recreational activities. This project initiative resulted in a final report entitled Greening America’s Capitals: Brittingham – Triangle Green Project Report. In February of 2016, the CDA created a draft Triangle Strategic Plan, which included an assessment of the current and future needs of the site. Based on the CDA’s assessment and research, the CDA established a list of several broad goals for a Triangle Master Plan and multi-phase redevelopment, including building on the strengths of the site while improving the housing stock, building connections to the greater neighborhood, and broadening the range of housing options to ensure that the Triangle continues to service its residents in the future. In June of 2017, the City of Madison Planning Division initiated its neighborhood review process for the Triangle Monona Bay Neighborhood Plan. Under this City planning process, the entire neighborhood area will be analyzed, including CDA Triangle properties and the surrounding neighborhood. Existing conditions will be studied through data, trends, issues, and opportunities. The City will utilize a planning strategy to include public awareness, education, engagement, and input from key stakeholders on future land use concepts and identify concerns raised by residents of the Triangle site. An ad-hoc steering committee will also be formed, and will include three (3) CDA Triangle residents. As the City of Madison’s Triangle and Monona Bay Neighborhood plan is completed in 2018, the CDA will develop redevelopment strategies, structure financing, and apply for available funding, including federal Section 42 Low-Income Housing tax credits for the start of multi-phased redevelopment at the Triangle site.
The Truax Park Apartments site has undergone phased redevelopment pursuant to the 2009 Master Plan and Site Development Study, with Phase 1 completed in 2011 and Phase 2 redevelopment completed in 2015. There remains 28 units at the development, which are located on Wright Street and are known as “A-Site.” The CDA intends to develop a Phase 3 redevelopment strategy to include these 28 units, and the CDA will submit an application to HUD for the disposition and demolition of these Public Housing units. The CDA will also apply for available funding in 2017, including an application for federal Section 42 Low-Income Housing tax credits. “A-Site” will be redeveloped through a mixed finance development method, and this method will allow financing for the construction of new Public Housing, which is in the best interest of CDA residents.
The CDA has identified Four (4) functionally obsolete units at its West Scattered Site for redevelopment. These units are located on Theresa Terrace, in a neighborhood with concentrations of poverty. Two of the units are already off-line with HUD due to needed repairs. The CDA intends to tear down this low-income Public Housing and replace it with quality, low-income housing with a priority to move-in existing neighborhood residents. The CDA will develop a redevelopment strategy for the site, structure financing, and apply for available funding, including federal Section 42 Low-Income Housing tax credits in 2018.
Rental Assistance Demonstration (RAD) is also being review by the CDA as a possible option for the CDA’s Public Housing developments. RAD was designed by HUD to assist in addressing capital needs of Public Housing by providing the housing authority with access to private sources of capital to repair and preserve its affordable housing assets. A RAD conversion would allow the CDA to leverage existing funds to secure additional private and other funding. This new funding would be used to undertake long-deferred capital improvements and, in instances where transfer of assistance is involved, to construct new affordable housing units. Under a RAD conversion, Public Housing units would either convert into Project-Based Voucher (PBV) units or Project-Based Rental Assistance (PBRA) units.
In an effort to expand and improve the supply of affordable rental units, the CDA has demolished old Public Housing units to build new Public Housing units, specifically, at Truax Park Apartments. The CDA may demolish or disposition one or more Public Housing units or an entire development or portion of a project if the CDA finds the unit(s) to be functionally obsolete as to physical condition, location, or other factors that would cause the Public Housing to be unsuitable for housing purposes, and no reasonable program modifications would be cost-effective to return the particular Public Housing unit(s) to its useful life. The CDA may also pursue demolition or disposition if changes in neighborhood or location adversely affects the health or safety of the tenants or feasible operation by the CDA, and disposition will allow the acquisition, development, or rehabilitation of other properties that will be more efficiently or effectively operated as lower income housing and that will preserve the total amount of lower income housing stock available in the community. The CDA will collaborate with HUD to increase the number of occupied Public Housing units in the CDA’s portfolio, including re-occupying modernized and vacant units. Units undergoing modernization require the unit to become vacant to accomplish the capital improvements. Once the work (requiring the unit to be vacant) has been completed, the unit can be re-occupied by an eligible family.
Page 12 of 18 form HUD-50075-ST (12/2014)
The CDA plans to implement a Section 32 Homeownership Program in 2017, through an amendment to its 2017 Annual Plan and upon approval by HUD. The Quality Housing and Work Responsibility Act (QHWRA) permits Public Housing Authorities to make Public Housing units available for purchase by low-income families. The CDA’s Section 32 Homeownership Program intends to assist people who live in CDA Public Housing units, or people who would qualify for Public Housing based on their income. This homeownership program could benefit low-income people who are not currently in Public Housing, such as someone on the CDA’s Section 8 rental assistance program, but who qualify based on Public Housing income limits. Under this new initiative, the CDA would make up to 128 of its West scattered site units available for homeownership, as these units cost more to operate as Public Housing and represent an inefficient allocation of housing resources within the CDA. The CDA intends to make sure the sale of a Public Housing property leads to the creation of more units of Public Housing. Proceeds from a sale under the Section 32 Homeownership Program would be used for the redevelopment of other CDA Public Housing. The CDA currently has a Public Housing unit inventory over the HUD Faircloth limit. Faircloth is an amendment to the United States Housing Act of 1937 and limits the number of Public Housing units under a Public Housing Authority. The CDA is currently eight (8) units over the HUD Faircloth limit due to the creation of additional Public Housing units under Truax Phase 2 redevelopment. The sale of eight Public Housing scattered site units would reduce the CDA’s current inventory to meet HUD’s Faircloth limit on the number of units allowed under the Public Housing Program.
As a subcomponent of the CDA’s Section 8 tenant-based assistance program, the CDA has established a Section 8 Project-Based Voucher (PBV) program to further its overall housing strategy. The City of Madison has also committed to building permanent supportive housing for chronically homeless. Therefore, in 2016, the CDA assigned 27 vouchers to the Rethke Permanent Supportive Housing development, with 25 of those PBVs as VASH PBVs for chronically homeless veterans. In 2018, the CDA plans to issue 20 PBVs at the Tree Lane Permanent Supportive Housing Development; and the CDA has agreed to issue another 20 PBVs for the City of Madison’s third permanent supportive housing project for homeless, which is expected to be built in 2019. The CDA will continue to use PBVs and explore options where PBVs may be used in developing affordable housing and for special needs housing. The CDA will also exercise a moratorium on the right to move under the PBV program, should Section 8 utilization reflect such need.
The CDA provides support to its Triangle site residents through two Service Coordinators under HUD’s Multifamily Housing Service Coordinator program. The Service Coordinators provide a link to supportive services for disabled and elderly residents. The CDA will continue to look into ways to expand support where residents have chronic and complex conditions, have a range of needed services, and need improvements in the delivery of that care. The delivery of services might arrive through a contracted arrangement with managed care organizations (HMO’s) under Medicaid.
The CDA may pursue an application for other Capital Grant programs, including the Capital Fund Community Facilities Grants (CFCF) and the Capital Fund Emergency Safety and Security Program. If granted, CFCF would provide capital funds to the CDA for the construction, rehabilitation, or purchase of facilities to provide early childhood education, adult education, and/or job training programs for CDA Public Housing residents. The CDA may also use CFCF program funds to rehabilitate existing community facilities that will offer comprehensive integrated services to help CDA Public Housing residents achieve better educational and economic outcomes resulting in long-term economic self-sufficiency. If granted, the Capital Fund Emergency Safety and Security Program funds would provide the CDA with support in addressing safety and security threats posing a risk to the health and safety of Public Housing residents.
Under the Family Unification Program (FUP), 36 months of housing assistance is provided to youth who are aging out of foster care. The Family Self-Sufficiency Program (FSS) provides an opportunity for a Section 8 voucher participant to reduce their dependency on welfare assistance and rental subsidies through services and resources provided through the CDA. The CDA will be participating in HUDs Family Unification Program and Family Self-Sufficiency Demonstration, which combines FUP vouchers for youth with assistance under FSS. The program provides housing stability, by extending the 36-month time limit on rental assistance to the length of the FSS contract. The goal is to expand opportunities for FUP youth to become self-sufficient and transition into independent living and adulthood. Another expected benefit of participating in this HUD demonstration, is that it should reduce turnover rates. This is also an opportunity for the CDA to expand on their existing relationship to align and leverage resources. The CDA has updated its FSS Action Plan and will accept participants for the demonstration until notified by HUD.
The CDA will explore the implementation of a program to allow ex-offenders to join Section 8 households when there is an established re- entry program under agreement between the CDA and a nonprofit partner who provides essential supportive services (i.e. MUM.) As ex- offenders attempt to re-integrate into the community, they face many challenges including housing barriers, which increases the risk of homelessness and possible recidivism; and the families of ex-offenders face collateral consequences because of the individuals’ previous incarceration. This initiative will help to reunite families, and will contribute to HUD’s goal of helping ex-offenders gain access to a stable life, by combining an essential continuum of supportive services with an immediate need for housing.
The CDA is considering adopting a “moving up” option within its Section 8 Housing Choice Voucher (HCV) program, which would provide HCV assistance to a limited number of families who reside in Permanent Supportive Housing. As allowed by HUD, a Public Housing Authority (PHA) may have a preference for individuals and families transitioning, or “moving up,” from Permanent Supportive Housing (PSH) units, which HUD defines as persons that were previously homeless prior to entry into the PSH program, but who no longer need that level of supportive services. While these persons would not be considered homeless for reporting purposes to HUD, creating such a “move up” preference will contribute significantly to the community’s overall efforts to end homelessness by freeing up units for currently homeless families and individuals with disabilities who need housing combined with services.
Page 13 of 18 form HUD-50075-ST (12/2014)
In 2016, HUD approved the CDA’s modification plans to convert its centralized Public Housing wait list to site-based wait lists. The CDA will continue to work on the conversion through 2017 and into 2018. Site-based wait lists will provide a broad range of applicants with residential choice in building, development, or neighborhood. Site based wait lists will reduce the need for low-income families to have to take the least desirable location, will make the process more efficient for both the applicant and CDA staff, and should help to reduce unit turnover due to resident dissatisfaction with their assigned housing. This wait list initiative will involve communications to applicants regarding each development, such as location, size of accessible units, amenities, security, transportation, and training programs. The CDA will continue to use date-and-time of application and preferences for ranking applicants on a site-based wait list.
In 2014, the CDA implemented a web-based application tool which allows people to apply to any open CDA wait list 24/7 from any device with internet access. The CDA intends to expand its technology plans, and the CDA is currently reviewing additional modules to add to its current database software, including portals for access by applicants, program participants, and landlords. Such portals allow for speedy electronic communications, as well as another avenue for the delivery of required paperwork, which will reduce paper usage. The CDA is also reviewing a module which will allow some program participants to complete their annual recertification via a computer. This streamlined process would reduce the number of visits a program participant would have to make to a CDA office.
The CDA completed a data inventory in 2017, as part of the City of Madison’s data catalog and publishing initiative. Data management supports quality services and effective decision-making. Prioritized datasets established for public release include Section 8 Utility Allowance Schedules, Section 8 Payment Standards, and Section 8 Vacancy Listings. The CDA will continue to review any high demand, public datasets and work with the City of Madison for publishing, however, keeping in compliance with HUD rules and regulations regarding confidentiality.
The Violence Against Women Act (VAWA) was reauthorized and amended in 2013. The CDA intends to follow key provisions in VAWA 2013, including:
Maintaining current protections to ensure that victims of domestic violence, dating violence, sexual assault, and stalking are not discriminated against on the basis of any protected class, including their status as victims. Such status will continue to be excluded as a basis for denial of tenancy or of program assistance, as long as the family would otherwise qualify for assistance. Incidents of abuse shall not be good cause for terminating a lease held by the victim, and the abuser’s criminal activity directly related to abuse shall not be grounds for eviction or termination.
Protecting sexual assault victims in addition to domestic violence, dating violence, and stalking victims.
Continuing the option to bifurcate a lease to maintain the victim’s tenancy while evicting the perpetrator, and establishing a reasonable time period during which the tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking may remain in the unit while establishing eligibility under the current housing program or seeking alternative housing.
Providing notice of rights under VAWA to tenants and program participants, at the time an applicant is denied admission into a housing program; at the time that the family is admitted to a CDA housing program; and with any notification of eviction or termination of assistance. In providing notice, the CDA will use HUD’s Notice of Occupancy Rights Under the Violence Against Women Act (form HUD-5380.)
Revising the requirements for documenting the occurrence of domestic violence, dating violence, sexual assault, or stalking and provide a new Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation (form HUD-5382.)
implementing an emergency transfer policy and Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (form HUD-5383.)
Establishing new requirements under the CDA’s PBV programs for a family’s right to move as a result of the family, or a member of the family, being or having been the victim of domestic violence, dating violence, sexual assault, or stalking.
Continuing to implement a Victim of domestic abuse preference under the Section 8 program.
The CDA has implement required VAWA changes and has updated its Public Housing Admissions and Continued Occupancy Policy (ACOP) and Section 8 Administrative Plan. A list of specific chapter changes, as well as the polices covering VAWA emergency transfers may be found in Appendix A of this Annual Plan. The CDA also replaced its VAWA notices with new HUD VAWA Notices (form HUD-5380 and form HUD-5382), and the CDA implemented the use of the new HUD VAWA Emergency Transfer Request form (form HUD-5383). The CDA’s new VAWA forms may be found in Appendix B of this Annual Plan. For more information on the CDA’s progress related to VAWA 2013 and related VAWA changes, please see Annual Plan Progress Report (Page 17 - 18)
Page 14 of 18 form HUD-50075-ST (12/2014)
Finance Department David P. Schmiedicke, Finance Director City-County Building, Room 406 210 Martin Luther King, Jr. Boulevard Madison, Wisconsin 53703 Phone: (608) 266-4671 Fax: (608) 267-8671 [email protected] www.cityofmadison.com
August 10, 2017
CORRECTIVE ACTION PLAN
Finding Condition / Response 2016-001 SIGNIFICANT DEFICIENCY – INTERNAL CONTROL OVER FINANCIAL REPORTING
Repeat of a portion of Finding 2015-001
Condition: Auditing standards require that we perform procedures to obtain an understanding of your government and its internal control environment as part of the annual audit. This includes an analysis of the city’s year-end financial reporting process and preparation of your financial statements, including the schedule of expenditures of federal and state awards. A properly designed system of internal control allows for the presentation of year-end financial data and financial statements without material errors. At this time, the city does not have internal controls in place that allow for the preparation of complete and accurate financial statements, including an independent review by someone other than the preparer. As a result, we consider this to be a significant deficiency in internal control over the city’s financial reporting.
Management’s Response: Our external audit teams from Baker Tilly, do assist with the preparation of the entity-wide financial statements, combining statements for cash flows, and some of the required footnote disclosures. However, Finance Department staff prepares fund financial statements, conversion entries for the financial statement reconciliations, some footnote disclosures, MD & A, required supplementary information, and the statistical section of the Comprehensive Annual Financial Report (CAFR). We have reviewed, approved, and accepted responsibility for the audited financial statements, and related notes. Additionally, city management does formally review the fund financial statements prior to external audit teams’ arrival. We will continue to make progress towards completing the full CAFR annually, but still rely on our auditor’s expertise to more efficiently assist us given GFOA’s CAFR submission deadline of June 30.
Further, city management hired a professional grant manager during the last quarter of 2016. This position has further established and improved internal controls within the City’s ERP software including grant master workflow approvals for applications and project set-up, as well as recording and maintaining reporting effective dates. Written policies and procedures were also developed to better assist and train city agency staff whom are responsible for reporting and requesting both federal and state awards. City staff are currently implementing more formal reviews for grant applications, and management approvals of expenditures and revenues prior to their timely report submissions. It is planned that these reviews and approvals will be monitored semi-annually and/or more frequently during subsequent fiscal periods.
August 10, 2017 Page 2
Finding Condition / Response 2016-002 SIGNIFICANT DEFICIENCY – INFORMATION TECHNOLOGY CONTROL ENVIRONMENT
Condition: The City of Madison has internal controls in place to help safeguard the city’s assets. During our audit, we noted certain areas where internal controls over information technology should be strengthened, including the following:
Financial system data restoration is not tested.
Response: While we don’t have a formal backup testing procedure, we are restoring production data from backup to the test environment on an almost weekly basis. We will coordinate with the Finance Department and our software vendor to develop a formal backup testing procedure as soon as practical.
Some automated jobs send out notifications only if the job failed. However, certain system failures prevent the notification from being sent. As a result, some job failure went unnoticed.
Response: We agree and will explore ways to assess the status of automated jobs as soon as practical.
BT reviewed the user list for financial systems and noted usage of some generic accounts.
Response: IT will review the generic accounts list with Finance Department staff and our software vendor to determine which accounts can be removed and develop a plan to remove them. Another system is scheduled for obsolescence as a managed data source in late 2017.
Certain sensitive information is emailed to employees without proper security.
Response: We agree and will work with the Finance Department and our software vendor to implement this as soon as practical. In regards to password management, employees do have the ability today to change their own passwords for the portal, but not for viewing the PDF file. The latter becomes a moot point if the document is no longer attached to email.
Passwords of certain systems have weaker settings.
Response: This issue relates to 3rd party systems. IT will coordinate with the Finance Department and Water Utility to reach out to those vendors and pursue Active Directory integration. Another system is scheduled for obsolescence as a managed data source in late 2017.
Changes are approved and tested. However, the developer of the change also implements the change in the production environment.
Response: Complete segregation of duties is not possible due to a small staff size. However, internal code reviews do take place for substantive changes that can affect data integrity. We will work to formalize this. IT staff utilizes a change process that includes an electronic form as part of our call and change tracking system. Changes are detailed, reviewed by affected parties and approved by supervisory staff.
August 10, 2017 Page 3
Finding Condition / Response 2016-003 HOUSING COST REDUCTION INITIATIVE 505.703A
Condition/Context: During testing it was noted that the City did not have support showing that the quarterly reports were submitted within 30 calendar days following the end of each contract quarter. Our sample was not statistically valid.
Management’s Response: The City understands the importance of ensuring that reports are submitted to State of Wisconsin in a timely fashion. All quarterly reports for 2016 were provided to Baker Tilly to review and were submitted to the State of Wisconsin in a timely fashion. Linette Rhodes, Grants Administrator, had copies of all quarterly reports but did not save or print the sent emails to the contract folder to verify the date of submission.
City of Madison has updated the procedures for submitting quarterly reports to print and save emails to the contract folder for all reports submitted to the State of Wisconsin.
2016-004 IDLE INDUSTRIAL SITES REDEVELOPMENT GRANT
Condition/Context: During testing it was noted that the two Semi-Annual Performance Reports related to2016 expenditures were not reviewed by an independent person before submission to the WEDC. Our sample was not statistically valid.
Management’s Response: City Engineering has instituted new grant management procedures including a requirement that all narrative and financial reports be reviewed by the head of the section managing the grant. The section head will recommend revisions as appropriate and then sign off on the report prior to submittal to the grantor. These reports are then also forwarded to the Engineering Financial Manager.
B.5 Progress Report
Increase and Expand the Supply of Assisted Housing
The CDA relies on a number of resources to identify the greatest needs for assisted housing. These sources include the City of Madison’s consolidated plan, Impediments to Fair Housing report, and Madison’s Biennial Housing Report, as well as CDA vacancy and wait list data. The CDA works collaboratively with the CDA redevelopment team, other City Departments, Madison’s Housing Strategy Committee, and local agencies by linking CDA housing programs to increase and expand the supply of assisted housing.
To address the housing needs of low-income families in the City of Madison, the CDA continues to lease, manage, and maintain CDA Public Housing and Multifamily Housing units and continues to look for ways to preserve the existing assisted housing units by prolonging its useful life and affordability. The CDA also continues to investigate redevelopment strategies for each of its East, West, and Triangle Public Housing sites to increase the number of affordable housing units.
In 2017, the CDA continued to issue Housing Choice Voucher (HCV), Veterans Affairs Supportive Housing (VASH), Family Unification Program (FUP), and Project-Based Voucher (PBV) assistance payments on behalf of Section 8 program participants. Section 8 payment standards are reviewed by the CDA annually to determine the appropriate levels for dispersion and utilization, as well as the success rate for finding suitable housing by participating families. In 2017, the CDA reduced the payment standards to slightly below 100% of the HUD Fair Market Rents (FMR) to allow the maximum number of families to receive assistance. The CDA also continues to market the Section 8 program to owners as an effort to ensure a successful voucher lease-up rate. No new tenant-based Section 8 vouchers were distributed in 2017. However, the CDA continues to issue VASH and FUP vouchers to maximize utilization under those programs. Starting in August of 2017, PBV program participants will be able to exercise their right to move with a tenant-based Section 8 voucher upon completing 12 months of participation at their respective PBV property, as the CDA has lifted their moratorium on the right to move. The CDA continues to apply for additional Section 8 funding, if such HUD funding opportunities are available.
Improve Quality of Assisted Housing and Quality of Life
CDA Staff are committed to quality work practices, enhancing customer service, and strive to improve the quality of life for program participants. Through the HUD Service Coordinator grant, the CDA continues to maintain two Resident Service Coordinators at the CDA’s Triangle Site. Resident Service Coordinators assess the needs of elderly and disabled residents and coordinate available supportive services to improve living conditions, so that those residents can continue to live in place, independently.
Through a HUD mandate and effective January of 2018, the CDA implemented a “Smoke Free Housing” policy to improve indoor air quality in CDA housing. Smoke free housing will benefit the health of Public Housing residents and Public Housing staff, reduce the risk of catastrophic fires, and lower overall maintenance costs. Under the CDA’s new smoke-free housing policy, tobacco products will be prohibited in Public Housing. The CDA intends to have new Public Housing leases implemented by HUD’s deadline of January, 2018. The Madison and Dane County Public Health Department have provided educational presentations to CDA residents throughout 2017, including information on smoking cessation.
The CDA has taken adequate safety and security measures to minimize crime and to avoid costly emergency situations at its Public Housing developments. In addition, the CDA submitted a grant application to HUD in 2017 for $250,000 in Capital Fund Emergency Safety and Security Program grant funding. HUD has not yet released who will receive an award under this grant application. If granted, the CDA intends to use these capital funds to address safety and security needs with the implementation of security camera equipment at the CDA’s Truax, Webb/Rethke, and Romnes Public Housing developments.
In 2017, the CDA entered into a twelve-month agreement with several non-profits for the use of 28 units at Truax Park for Rapid Re-Housing. Under this program, the YWCA, The Road Home, and the United Way are providing rent assistance and intensive, broad-based case management services at this CDA site, with property management provided by Meridian. This agreement will end on December 31, 2017, so that the CDA may move toward Phase 3 redevelopment at Truax Park Apartments. Depending on the timeline, the CDA may re-rent these 28 units under the Public Housing program until the CDA receives approval from HUD for demolition/disposition.
Upon receiving HUD approval, the CDA completed the sale of one Public Housing unit on Marconi Avenue. Deemed a casualty loss, this single-family house had suffered extensive damage by a Public Housing resident. The home was purchased by Habitat for Humanity, who will repair and rehab the unit, and then sell the unit to a low-income family.
Page 15 of 18 form HUD-50075-ST (12/2014)
The CDA continues to operate a Section 8 Project-Based Voucher (PBV) program, with project-based vouchers at the following communities: Burr Oaks Senior Housing – 30 PBVs Prairie Crossing Apartments (Project Home) – 20 PBVs Housing Initiatives – 5 PBVs Rethke Terrace – 2 PBVs and 25 VASH PBVs Independent Living – 6 PBVs Revival Ridge Apartments (Allied Drive) – 36 PBVs Pinney Lane Apartments (Movin’ Out) – 8 PBVs Ridgecrest Apartments – 8 PBVs Porchlight Permanent Family Housing – 8 PBVs Truax Park Apartments (CDA) – 24 PBVs Porchlight at Truax – 8 PBVs YWCA Third Street Program – 8 PBVs
The CDA will continue to apply for additional program funding or other funding, as notifications of funding availability (NOFA) announcements are issued by HUD
Promote Self-Sufficiency of Families and Individuals
The CDA continues to promote and support homeownership for first-time homebuyers, through its Section 8 Homeownership Option program. The program allows eligible Section 8 participants to use their Section 8 voucher assistance on monthly homeownership mortgage payments and expenses, in place of rental payments. The CDA has completed 35 closings to date. Under this CDA Homeownership program, qualified low-income residents become true stakeholders by investing in themselves and their communities. The community benefits from the increased owner-occupied residence, by the enhanced property values, and by the increase in tax revenue.
The CDA’s Section 8 Family Self-Sufficiency (FSS) program currently has nine (9) Section 8 program participants enrolled, with three (3) Section 8 program participants graduating from the program. Under the FSS program, Section 8 participants strive to achieve economic independence through educational, career counseling, money management, job training, and placement services. The FSS family also receives a savings account that grows as the family’s earned employment income rises.
The CDA also promotes self-sufficiency for its Public Housing residents through HUD’s Resident Opportunity and Self-Sufficiency (ROSS) grant. Under this program, Public Housing families at the CDA’s East and West Site have an opportunity to increase their earned income, reduce or eliminate the need for public assistance, and make progress toward achieving economic independence and housing self- sufficiency. The CDA hired a ROSS Services Coordinator in 2017, who has been assessing the needs of unemployed or underemployed adults in CDA Public Housing and linking them to local support service providers to achieve economic self-sufficiency. Examples of support services include educational events, job training and job search, employer linkage and job placement assistance, life skills training, and digital literacy and computer skills training. This is a three (3) year grant. Year one completion efforts have resulted in 12 CDA residents referred to an employer, 11 CDA residents obtaining a part-time job, and two (2) residents obtaining full-time employment. A summary of CDA resident successes for 2017 include: Participation in the W2 program at the Dane County Job Center Resumes updated Obtaining part-time and full-time employment Driver’s license permit application completed Enrollment in health and fitness classes Registration and acceptance into the Human Services Program at Madison College Connections to childcare services and programs Enrollment in a computer program at Madison College Achieving a pay raise after one-month of employment Connections to mental health services Enrollment in free computer classes offered by the Public Library Obtaining an ID card to complete financial aid paperwork for attending college Participation in local community events for social engagement Business start-up (website created, business cards obtained, and business space located)
Page 16 of 18 form HUD-50075-ST (12/2014)
The CDA participates in the City of Madison and Dane County Section 3 program. Section 3 of the Housing and Urban Development Act of 1968 requires that economic opportunities, generated by certain HUD financial assistance for housing and community development programs, be given to low and very low-income individuals, particularly those who are recipients of government assistance for housing, and to businesses that provide economic opportunities for these individuals. A Section 3 resident is someone who lives in CDA Public Housing or who lives in the area where a HUD funded construction project is located. The CDA continues to direct efforts toward direct employment, training, and contracting opportunities to Section 3 residents and businesses through advertising and outreach, by participating in HUD or other Section 3 program trainings, and by promoting the award of contracts to Section 3 business efforts.
Ensure Equal Opportunity
The CDA follows its non-discrimination and fair housing policies, and the CDA complies fully with non-discrimination laws and the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The CDA does not deny any family or individual the equal opportunity to apply for or receive rental assistance on the basis of race, color, sex, religion, familial status, age, disability, national origin, marital status, gender identity, or sexual orientation. New Staff receive Fair Housing training within the first year of employment. CDA staff also attend other fair housing trainings available at annual housing industry conferences. The CDA posts Fair Housing posters at CDA office locations, and the CDA provides Fair Housing notices at all new participant briefings. The CDA provides access to discrimination complaint forms through the CDA Housing Operations website, so that those who believe that they have been subject to unlawful discrimination may submit a complaint to the HUD Office of Fair Housing and Equal Opportunity.
The CDA continues to ensure equal opportunity through outreach to local community organizations, who serve low-income families with diverse demographics, including those in demographic groups most least-likely to apply for CDA housing. The CDA continues to make its programs accessible to person with disabilities and the CDA works closely with local supportive service agencies that assist persons with disabilities. To address language for Limited English Proficiency (LEP) persons, the CDA continues to provide vital documents in Spanish and the CDA’s on-line application system is also available in Spanish. CDA staff continue to utilize interpretation services as needed for LEP customers; and the CDA also hired a bilingual Spanish Information Clerk in 2017, who works closely with Spanish speaking LEP customers who require interpretation.
The CDA is committed to the City of Madison’s Racial Equity and Social Justice Initiative (RESJI), which focuses on equity in policy and budget, equity in CDA operations, and equity in the communities supported by CDA housing programs. Many staff have attended City of Madison RESJI series training, and the CDA is looking into the formation of a staff equity team. Employee engagement initiatives have also been implemented, as engagement is a critical link to increasing equity and achieving a dedicated workforce. Under the RESJI initiative, the CDA has implemented the use of RESJI analysis, which serves the purpose of facilitating conscious consideration of equity by examining how communities of color and low-income populations will be affected by a proposed action or decision of the CDA. Several CDA staff participated in an RESJI analysis of the Triangle Neighborhood Plan, including an analysis of the steering committee who will guide the work of the neighborhood plan, and an analysis of the public participation strategy for the neighborhood plan. CDA staff have also applied a RESJ Equitable Hiring analysis on employee recruitment efforts to guide and ensure hiring decisions are as equitable as possible.
The Violence Against Women Act (VAWA)
The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) was implemented by HUD in late 2016. The Violence Against Women Act provides special protections for victims of domestic violence, dating violence, sexual assault, and stalking who apply for, or are receiving assistance under, the CDA’s housing programs. VAWA 2013 received several key changes including the addition of “sexual assault” as a crime covered by VAWA; the requirement to establish an emergency transfer plan for the CDA’s Public Housing, Multifamily Housing, and Section 8 Housing programs; and revisions to VAWA notices and forms. In May of 2017, HUD provided guidance to Public Housing Authorities on changes related to VAWA, and the CDA Board of Commissioners approved the implementation of VAWA emergency transfer plans in June of 2017. The CDA has also updated its policy documents, VAWA notices, and VAWA forms per HUD’s guidance (Appendix A and B). The CDA notified CDA program participants of VAWA 2013 through distribution of a Notice of Occupancy Rights Under the Violence Against Women Act (Form HUD-5380). CDA Public Housing tenants received the notice on October 22, 2017. The notice was also mailed to CDA Section 8 program participants on November 21, 2017 and to CDA Section 8 participating landlords on November 14, 2017 (Appendix C). The CDA also updated its lease documents to reflect changes under VAWA 2013. Public Housing tenants were notified of proposed lease changes on February 5, 2018 and were provided a 30-day comment period (Appendix D). The CDA met with the Resident Advisory Board on February 28, 2018 regarding lease changes (see B.6), and the CDA Board of Commissioners approved the proposed lease changes on April 12, 2018 (Appendix D). The CDA will continue to follow applicable VAWA provisions, and the following ongoing outreach will be provided to ensure that applicants and program participants are notified of their rights under VAWA: VAWA provisions are to be outlined in the CDA’s Section 8 Housing Assistance Payment (HAP) Contract VAWA provisions are to be outlined in CDA leases for Public Housing and Multifamily Housing The CDA’s website will feature VAWA information, including victim resources and CDA VAWA forms
Page 17 of 18 form HUD-50075-ST (12/2014)
Notice of Occupancy Rights Under the Violence Against Women Act (Form HUD-5380) is to be provided to applicants at the time the individual is provided assistance (Section 8 briefing) or admission (lease-signing), as well as to any applicant who is denied assistance or admission into a CDA housing program Notice of Occupancy Rights Under the Violence Against Women Act (Form HUD-5380) is to be provided to CDA tenants or program participants at annual re-certifications and with any CDA notification of eviction or termination of assistance
Page 18 of 18 form HUD-50075-ST (12/2014)
B.6 Resident Advisory Board (RAB) Comments
CDA Resident Advisory Board Meeting Wednesday, September 13, 2017 30 W Mifflin St, Suite 501 Conference Room
RAB Members Present: John Beeman, Guy Heine, Lenora Beem, Sariah Daine, Minnie Young, Janice England RAB Members Absent: Marian Hadden, Tiffany Brooks, Christine Jones CDA Staff Present: Lisa Daniels, Natalie Erdman, Deb Rakowski, Tom Conrad, Kelley Simonds,
Members of the Resident Advisory Board (RAB) had previously been provided a copy of the draft annual plan for the year 2018. The discussion was open to all portions of the 2018 plan.
The meeting started at 4:06 pm. Tom opened the meeting by describing the annual plan process, which include Capital Fund. Kelley discussed the Capital Fund plans. Tom invited the RAB members to attend the Public Hearing on September 28th to provide further input or to ask questions.
Lisa walked the RAB through the annual plan page by page. Some members had questions about the housing needs section regarding demographics of the waiting list.
RAB Comments and discussion included: Lenora asked what sorts of income are “non-dwelling income.” Lisa explained that non-dwelling rent includes coin laundry and income from the grocery store at the Triangle; and that vending machine income generally goes to the resident association.
Sariah said that the combined FUP and FSS program is a good idea.
Permanent Supportive Housing was discussed. Examples of Porchlight, The Road Home, and the YWCA were given. The Rethke Permanent Supportive Housing project was also discussed, as that project also has Section 8 Project-Based Vouchers attached to the project. Natalie described the difference between Permanent Supportive Housing and Transitional Housing.
Questions were presented about whether an increase in the pet fee from $10 to $25 would be sufficient to cover the damages and other costs associated with pets. Lisa stated that the fee has not been raised in years and does not cover all the expenses caused by pets. Lisa also clarified that the pet fee increase is a change to the Public Housing Admissions and Continued Occupancy Policy (ACOP) and excludes elderly and disabled tenants.
Questions about new initiatives; FUP/FSS Demonstration and Moving Up vouchers.
Lisa, Natalie and Tom described the RAD Rent Assistance Demonstration program.
John asked if there were specific plans for Romnes. Natalie explained that specific plans have not been formed yet. The property and the needs of the residents will need to be studied first.
The question was presented regarding why HUD would not want the CDA to increase the number of Public Housing units. Lisa explained that HUD has a limit on the number of units, per HUD’s Faircloth Limit.
Questions were presented regarding whether someone could afford to purchase a home under the Section 32 Homeownership plan. Tom explained that there can be other sources of funding to help with purchase and down payment, and that Section 8 participants can convert their rental voucher to a homeownership voucher which goes toward a mortgage payment.
Natalie explained how PBVs are being used in the development of “affordable housing;” and Tom explained that PBVs are being used to provide housing assistance for special needs, such as at the YWCA’s Third Street program.
John asked why Multifamily Service Coordinator grants were not available to Romnes. Tom explained that this grant is a Multifamily Housing grant only. The current grant supports Parkside and Karabis and the CDA is allowed to utilize the 2 Service Coordinators at Brittingham and Gay Braxton, as well, because those two Public Housing properties are next door to Parkside and Karabis (within the same development). There is a Service Coordinator that is available to Romnes apartments through the ROSS program.
Sariah and Lenora commented that they were happy to see the Ex-offender reentry initiative. They had both heard reports about the incarceration rates and the difficulties of ex-offenders.
Sariah said that she is grateful that the CDA has implemented a smoke-free housing policy.
Page 18 of 19 form HUD-50075-ST (12/2014)
Guy asked if Capital Funds could be used for computer support at Brittingham. There used to be volunteer support for the five (5) machines, but that no longer exists; and three (3) of the machines are still using Windows XP. Tom explained that Capital Funds could not be used for computer support, but such support could fall under the Service Coordinator grant or through donations, and that he will look into this.
John said that Romnes has no computer room.
Sariah asked about Internet Access, because it is not financially feasible for residents. Janice stated that Burr Oaks has free Wi-Fi, but the down side to free Wi-Fi is that it is not secure. Tom said that the previous Director investigated this years ago and determined that the City’s Wi-Fi runs up to the building, but we cannot re-wire all the buildings. However, he plans to keep looking into this and hopes that future technology changes will allow access. The meeting ended at 6:40 pm
Page 19 of 19 form HUD-50075-ST (12/2014) Community Development Authority Resident Advisory Board 30 W. Mifflin Street, Room 1000B Wednesday, February 28, 2018
Meeting Minutes
Present RAB Members: Lenora Beem, Sariah Daine, John Beeman, Guy Heine CDA Staff: Sally Jo Spaeni, Tom Conrad, Lisa Daniels, Paul Woo Public Observers: Nursing Student Beth, John Brown Absent Marian “Pat” Hadden, Janice England, Tiffany Brooks, Christine Jones, Minnie Young Comments on changes to CDA Public Housing lease and addendum Lisa Daniels stated that the CDA may need to update the lease and addendum at times, especially when HUD implements mandatory changes, such as the no-smoking policy and updates to the Violence Against Women Act (VAWA). Change #1: Utilities o Daniels stated that the CDA will be able to obtain information from the utility company, with a signed release; and the CDA needs the utility data for the required annual utility allowance study, which has to be based on actual consumption. o John Beeman asked if it is a permission to check on utility usage per unit if utilities are included. If the tenant is paying for utilities anyways, why ask? o Tom Conrad stated that the CDA is required by HUD to gather data on actual utility consumption each year. o Sally Spaeni stated that this is to the benefit of the tenants – to optimize the utility allowance in the rent credits. Change #2: CDA Responsibilities o Daniels stated that “sexual assault” has been added to the definition of VAWA. Change #3: Emergency Transfers under VAWA o Daniels explained that all housing authorities are now required to have an emergency transfer policy for victims of domestic violence, dating violence, sexual assault, and stalking. o Beeman inquired about gender discrimination. Daniels stated that the provisions of VAWA apply to all CDA residents, regardless of gender. o Sariah Daine asked if victims take priority in the transfers. Daniels stated that VAWA transfers are considered an emergency transfer with priority over other allowable transfers. o Beeman asked, what happens when an individual feels threatened or in imminent danger? Daniels stated that the CDA will work to keep both the resident and the property safe, and will take precautions in a case-by-case scenario. Page 1 of 4
Change #4: Legal Notices o Daniels stated eviction notices are to conform to Wisconsin statute 704.21(1). o Lenora Beem asked if eviction notices are kept on record. Spaeni stated that right-to-cure eviction notices remain on file with the CDA, and may only be released with a Release of Information. o Tom Conrad stated that evictions held in court are public record in the court system. Change #5: Modification of the Lease - No smoking addendum o Daniels stated a No-Smoking Lease Addendum is now required by HUD. Change #6: Repayment agreement o Daniels stated the refusal to enter into a repayment agreement is grounds for termination of the lease. Change #7: Carbon Monoxide Detectors o Daniels stated that this clarifies the CDA’s responsibility. Change #8: Smoke Alarms o Daniels stated that this explains how to notify the CDA of inoperable smoke alarms and the CDA’s timeline for repair Change #9: No-smoking policy o Daniels stated the prohibition of smoking on Public Housing property has been added. o Beeman stated that one tenant has reported the smell of smoke from apartment units; and that people are now smoking on the sidewalks and in the bus shelters, and they are leaving cigarette butts on the grass on CDA property. o Beem stated that she can smell smoke, but does not know where it comes from. Spaeni added that it is difficult for staff to determine which unit the smoke is coming from. o Conrad stated that he is impressed that there is some good rate of compliance and a lot of assistance from the Dane County Health Department. o Spaeni stated that there are bi-monthly resources available to residents to raise awareness of the dangers of smoking. o Beeman asked for confirmation on the deadline to implement the No-Smoking policy. Is it June 1st or January 1st? Conrad stated that HUD’s deadline is June 1st, but the CDA decided to get on top of it and start this on January 1st. Change #10: Notice of Domestic Abuse Protections o Daniels stated that HUD requires a lease addendum for VAWA, and the CDA updated its VAWA lease addendum per updates to the provisions of VAWA 2013. Change #11: Disposition of personal property o Daniels stated this clarifies the CDA’s right to dispose of remaining personal property. Spaeni added that this used to be separate from the lease and is now included in the lease. o Gut Heine asked if tenants could file a letter of intent to protect their personal property post-eviction, because a prior landlord auctioned off his personal property (~20 years ago). Spaeni stated that the law now says the CDA has no responsibility to hold on to the personal property, unless it is prescribed medication.
Page 2 of 4
o Conrad stated that State law changed, so that the landlords are not responsible to store property in safe dry storage for 30-days post-eviction anymore. Spaeni added that it used to be the resident’s expense to cover storage costs. o Beem asked what would happen to the property, if a tenant passes away. Spaeni stated that the CDA will contact the resident’s designated contact to take control of the contents of the apartment, including any pet. A pet designee will also be contacted if the resident does not pass away, but there is a medical emergency. Change #12: 2 New Lease Addendums (Updates on No Smoking & VAWA) o Daine stated that she appreciates the readability and comprehensibility of the lease addendums House Rules for East, West, and Triangle Sites o Spaeni provided the changes to the Triangle Site House Rules, including unauthorized guests/visitors, no smoking, addition of “profane” shall vs. will not, security keys, residents must be with their guests at all times for safety reasons. o Beeman requested clarification on what “profane” means. Spaeni stated that it means treating people with respect, especially with language. o Beem inquired about any consequences. Spaeni stated that House Rules are incorporated into the lease – synonymous to being lease compliant. Consequences include repeated interventions, and could even come to an eviction notice, but the CDA treads lightly to not lose the gravity of eviction notices. Staff will connect the residents to service agencies who can help. Daniels added that the lease helps set the standard of expectations of both the CDA and the residents. o Spaeni provided the changes to the West Site House Rules, including smoking & alcohol consumption, guest policies, and routine cleaning. o Beeman asked if routine cleaning throughout the leased premises is expanded to include beyond just the leased unit. Spaeni stated that there are unit inspections once a year. o Spaeni noted the East Site House Rules mirror the non-standard rental provisions under the lease. o Nursing Student Observer, Beth, suggested the CDA to make the East House Rules consistent, including “profanity” & changing wording “will not” & “shall not.” Conrad stated that the intention is to continue having RAB meetings quarterly. The RAB will meet again in the summer. The 2019 draft Annual Plan will come up in the fall, as well. Conrad encouraged the RAB to communicate with the CDA with any feedback, comments, or questions. Feedback on Smoke-Free Policy Conrad inquired as to how the no-smoking policy was being received by the residents. Heine stated that he is a smoker, and fully understands the process and consequence of addiction; but he can feel the hypocrisy of government legislation with the “smoke zones” at the VA, which has a smoking shack. Observer, John Brown, stated that there is precision of the wording and appreciation for what the staff are doing to uphold the standards that are set. Results Madison Services and Measurements Conrad stated that the CDA is making progress with the Results Madison initiative, to better the management and services provided; and to find measurements of proficiency and efficiency to the CDA’s success. What are some measurements of success that should be important to us as the CDA? Please let Page 3 of 4 us know. There are two Meta categories of services: Public Housing & Section 8. He will send the list of measurements to the RAB. Heine stated “how would you rate your community? With a customer satisfaction survey.” Daniels stated that for many years, HUD used to conduct an annual Resident Satisfaction Survey, but stopped due to very low resident response. Conrad stated a before- and after-survey could be implemented to see improvements. Community Gardens Feedback Conrad inquired if residents are interested in community gardens? Daine stated that some people do, and some do not, but it is wonderful to have the space to do so. Beeman stated that he is uninterested in turning over the beautiful green space at Romnes, to a community garden. Beem stated that they are very popular at the Triangle, but there is not enough space for them, and there is a lottery for the raised beds. There have been some problems with vandalism and stolen produce. Conrad stated that the plowing services are no longer provided – have to find organizations to help prep the plots of land and to help keep the gardens. Community gardens are usually unsustainable without maintenance help. Spaeni stated that University of Wisconsin students routinely volunteer and donate time and money to prep and clean the gardens at the Triangle. Internet Access Conrad inquired if residents have internet access, are residents paying for internet, and do any residents express interest in internet options? Beem stated that she has Charter internet, but there is internet access in the library at the Triangle, but no wifi in the library. Heine stated that he has AT&T through the phone-line. Spaeni stated that there are FCC requirements to provide low cost internet to low-income people. This is only for new customers. The Public Service Commission can help answer questions and advocate for low-income rates for internet. Beeman stated that there is no wifi in Romnes, and he recommends the addition of wifi hotspots in the common areas, such as the lobby. Conrad stated that the CDA is working on a communal computer space at Romnes. Daine stated that Burr Oaks has internet in the building, but it would crash because so many households stream cable channels. Daine advises to use service providers who are able to handle that bandwidth Are you all available to meet at 4:30 or 5 PM? Consensus of yes
Page 4 of 4
Annual Statement/Perfommnce and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program OMB No. 2577-0226
---,--- -~ ~~--~·-~~~ Part I: Summary PHANamc: Grant Typeand Number FFY of Grant: Community Development Authority of Capital FtD1dProgram Grant No: Wl39-P003-501-13 Replacement Housing Factor Grant No: 2013 the City of Madison DateofCFFP: D~6 FFY of Grant Approval: 2013
~eofGrant riginal Annual Statement h:JReser.ve for Disasters/Em ergcncies D Revised Annual Statement (revision no: ) erformancc and Evaluation Report for eriod Ending: Final Performance and Evaluation Reuort Line Summary by Development Account Total Thsm'nated Cost Total Actual Cost Original Revised 2 Obligated l!:xpended 1 Total non-CFP Funds 0.00 0.00 u.on 0()()
2 1406 Operations (may not exceed 20% ofline 21) 170,536.20 0.00 0.00 OJ.J(J
3 1408 Management Improvements 120,000.00 0.00 0.00 O.UU 4 1410 Administration (may not exceed 10% ofline 21) 85,268.10 0.00 0.00 0.00 5 1411 Audit 0.00 0.00 0.00 0.00 6 1415 Liquidated Dan1ages 0.00 o.oO 0.00 0.00 7 1430 Fees and Costs 44,500.00 o.uo 0.00 000 8 1440 Site Acquisition 0.00 0.00 0.00 0.00 9 1450 Site hnprovement 0.00 0.00 0.00 0.00 10 1460 Dwelling Stmctures 337,376.70 0.00 0.00 0.00
11 1465. l Dwelling Equipment-Nonexpendable 0.00 0.00 0.00 U.UU 12 1470 Non-dwelling Structures 0.00 0.00 0.00 O(J(J 13 1475 Non-dwelling Equipment 95,000.00 0.(l{l 0.00 (J.00 14 1485 Demolition 0.00 0.00 0.00 0.00
15 1492 Moving to Work Demonstration 0.(J(J 0.00 0.00 U.00
16 1495. l Relocation Costs 0.00 0.00 0.00 0.00
17 1499 Development Activities 4 0.00 0.00 0.00 0.00
18a 150 I Collateralization or Debt Service paid by the PHA 0.00 0.00 0.00 0.00 18ba 9000 Collateralization or Debt Service paid Via System ofDirect Payment 0.00 0.00 0.00 0.00 19 1502 Contingency (may not exceed 8% ofline 20) 0.00 0.00 0.00 0.00 20 Amount of Annual Grant: (sum oflines 2- 19) 852,681.00 0.00 0.1.lO 0.00 21 Amount ofline 20 Related lo LBP Activities 0.00 0.00 0.00 0.00 22 Amount ofline 20 Related to Section 504 Activities 0.00 0.00 0.00 0.(JU 23 Amount ofline 20 Related to Security - Soft Costs 0.00 UJ)O 0.00 0.00 24 Amount ofline 20 Related to Security - Hard Costs 100,000.00 0.00 0.00 0.00 25 Amount ofline 20 Related to Energy Conservation Measures 0.00 0.00 0.00 0.00
'To be completed for the Performance and Evaluation Report. ' To be completed for the Performance and Evaluation ReRort or a Revised Ammal Statement. 'PHAs with under 250 units in management may use lOOYoofCFP Grants for operations. 4 RHF funds shall be included here.
Page 1 of6 form HUD-50075.1 ( 4/2008) Annual Statemenl!Perfonnance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part I: Summary PHAName: Grant Typeand Number . FFY of Grant: 2013 Capital FundProgram Grant No: Wl39-P003-501-13 Replacement Housmg Factor Grant No: Community Development Authority of the City of Madison Dale ofCFFP: D h.IA FFYofGrantApproval: 2013
~peofGnrnt Q riginalAnnnal Statement eserve for Di~'llsters/Emcrgencics Revised Annual Statement (revision no: ) erformance and Evaluation Report for Period Ending: inal Performance and Evaluation Report Line I Summary by Development Account I Total Estimated Cost I Total Actual Cost 1 I I Original Revised I Obligated Expended
Sign~~of Exec!Jtive Di.rector...-' 1, Date Signature of Public Housing Director Date
fJ, i;:(.;;z_3. / t,i;;f-cJ!-e_. >:.'1r1/l"r'-Ch... __r<-:;;7
Page 2 of6 form HUD-50075.1 (4/2008) Annual Statement/Perfommnce and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part II: Supporting Pages PHAName: Grant Type and Number Federal FFY of Grant: 2013 Community Development Authority of the City of Madison Capital FlIDdProgram Grant No: Wl39-P003-501-13 CFFP (Yes/No): No Replacement Housing Factor Grant No: DNA Development General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Number Categories Account No. Name/PHA-Wide Activities Original Revised' Funds Funds Obligated 2 Expended 2 3-1 Flooring Replacement 1460 6 30,000.00 3-1 3-1 Replacement Vehicle 1475 1 40,000.00 3-4 Flooring Replacement 1460 4 16,000.00 3-4 3-5 Flooring Replacement 1460 5,000.00 ! 3-5 Heating Replacement 1460 1 76,376.70 3-6 Flooring Replacement 1460 3 15,000.00 3-6 Replacement Vehicle 1475 1 40,000.00 3-6 Brittingham Parking Lot Replacement 1460 1 100,000.00 3-7 Flooring Replacement 1460 3 18,000.00 3-8 Flooring Replacement 1460 3 12,000.00 3-8 3-8 3-9 Flooring Replacement 1460 3 18,000.00 3-13 Flooring Replacement 1460 3 12,000.00 Admin Administration 1410 1 85,268.10 A+E Architectural, Engineering, Consulting 1430 1 32,000.00
' To be completed for the Performance and Evaluation Report or a Revised Annual Statement. ' To be completed for the Performance and Evaluation Report.
Page 3 of6 form HUD-50075.l (4/2008) Annual Statement/Perfo1mance and Evaluation Report . ll.S. Department of Housing and llrban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing
Capital Fund Financing- Program- Expires 08/31/2011 Part II: Supporting Pages PHAName: Grant Type and Number Federal FFY of Grant: 2013 Community Development Authority of the City of Madison Capital Fund Pmgram Grant No: Wl39-P003-501-13 CFFP (Yes/No): No Replacement Housing Factor Grant No: DNA Development General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Number Categories Account No. Name/PHA-Wide l•.ctivities Original Revised' Funds qbligated Funds Expended 2 ALL-01 East Operations 1406 1 54,322.24 ALL-02 Triangle LRPH operations 1406 1 49,869.59 ALL-03 West Operations 1406 1 66,344.37 ALL-08 Sundry 1430 1 4,000.00 ALL-09 Fire Extinguisher Inspection 1430 1 8,500.00 ALL-10 Accessibility Improvements 1460 1 20,000.00 ALL-11 ALL-12 On-Demand 1460 1 35,000.00 ALL-13 Computer Hardware 1475 1 15,000.00
MGT-01 Maintenance Training 1408 1 10,000.00 MGT-02 Management Training 1408 1 10,000.00 MGT-10 Security 1408 1 100,000.00
' To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 'To be completed for the Performance and Evaluation Rep01i.
Page 4of6 form HUD-50075.1 (4/2008) Annual Statement/Perfonnance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part III: Implementation Schedule for Capital Fund Financing Program
PHAName: Federal FFY of Grant: 2013 Community Development Authority of the City of Madison Development Number All Fund Obligated All Funds Expended Reasons for Revised Target Dates 1 Name/Pl-IA-Wide (Quaiier Ending Date) (Quarter Ending Date) Activities Original Obligation Actual Obligation Original Expenditure Actual Expenditure End Date End Date End Date' End Date 3-1 09/2015 09/2017 3-4 09/2015 09/2017 3-5 09/2015 09/2017 3-6 09/2015 09/2017 3-7 09/2015 09/2017 3-8 09/2015 09/2017 3-9 09/2015 09/2017 3-13 09/2015 09/2017
'Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended.
Page 5 of6 form HUD-50075.1 (4/2008) Annual Statement/Perf01mance and Evaluation Report U.S. Depmiment of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part III: Implementation Schedule for Capital Fund Financing Program
f f FecleralFFYofGrant: 2013 PHA Name: Community Development Aut honty . o t h e c·1ty o M a d. 1son Development Number All Fund Obligated All Funds Expended Reasons for Revised Target Dates 1 Name/PHA-Wide (Quarter Ending Date) (Quarter Ending Date) Activities Original Obligation IActual Obligation Original Expenditure I Actual Expenditure End Date End Date End Date Encl Date
1 Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended.
Page 6 of6 form HUD-50075.1 (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program OMB No. 2577-0226 ([SLUHV081 3DUW, 6XPPDU\ 3+$1DPH *UDQW 7\SH DQG1XPEHU ))<RI*UDQW 2014 Community Development Authority of Capital Fund Program Grant No: WI39-P003-501-14 Replacement Housing Factor Grant No: the City of Madison Date of CFFP: DNA ))<RI*UDQW$SSURYDO 2014 7\SHRI*UDQW 2ULJLQDO$QQXDO6WDWHPHQW 5HVHUYHIRU'LVDVWHUV(PHUJHQFLHV ✔ 5HYLVHG$QQXDO6WDWHPHQW UHYLVLRQQR 1 ) 3HUIRUPDQFHDQG(YDOXDWLRQ5HSRUWIRU3HULRG(QGLQJ )LQDO3HUIRUPDQFHDQG(YDOXDWLRQ5HSRUW /LQH 6XPPDU\E\'HYHORSPHQW$FFRXQW 7RWDO(VWLPDWHG&RVW 7RWDO$FWXDO&RVW 2ULJLQDO 5HYLVHG 2EOLJDWHG ([SHQGHG 1 Total non-CFP Funds 0.00 0.00 0.00 0.00 2 1406 Operations (may not exceed 20% of line 21) 182,753.80 182,753.80 182,753.80 182,753.80 3 1408 Management Improvements 20,000.00 10,000.00 0.00 0.00 4 1410 Administration (may not exceed 10% of line 21) 91,376.90 91,376.90 91,376.90 91,376.90 5 1411 Audit 4,500.00 4,500.00 0.00 0.00 6 1415 Liquidated Damages 0.00 0.00 0.00 0.00 7 1430 Fees and Costs 38,500.00 40,000.00 0.00 0.00 8 1440 Site Acquisition 0.00 0.00 0.00 0.00 9 1450 Site Improvement 0.00 0.00 0.00 0.00 10 1460 Dwelling Structures 575,138.30 585,138.30 313,689.80 114,617.20 11 1465.1 Dwelling Equipment —Nonexpendable 0.00 0.00 0.00 0.00 12 1470 Non-dwelling Structures 0.00 0.00 0.00 0.00 13 1475 Non-dwelling Equipment 0.00 0.00 0.00 0.00 14 1485 Demolition 0.00 0.00 0.00 0.00 15 1492 Moving to Work Demonstration 0.00 0.00 0.00 0.00 16 1495.1 Relocation Costs 0.00 0.00 0.00 0.00 17 1499 Development Activities 4 0.00 0.00 0.00 0.00 18a 1501 Collateralization or Debt Service paid by the PHA 0.00 0.00 0.00 0.00 18ba 9000 Collateralization or Debt Service paid Via System of Direct Payment 0.00 0.00 0.00 0.00 19 1502 Contingency (may not exceed 8% of line 20) 0.00 0.00 0.00 0.00 20 Amount of Annual Grant: (sum of lines 2 – 19) 913,769.00 913,769.00 0.00 0.00 21 Amount of line 20 Related to LBP Activities 0.00 0.00 0.00 0.00 22 Amount of line 20 Related to Section 504 Activities 0.00 0.00 0.00 0.00 23 Amount of line 20 Related to Security – Soft Costs 0.00 0.00 0.00 0.00 24 Amount of line 20 Related to Security – Hard Costs 0.00 0.00 0.00 0.00 25 Amount of line 20 Related to Energy Conservation Measures 0.00 0.00 0.00 0.00
1 To be completed for the Performance and Evaluation Report. 2 To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 3 PHAs with under 250 units in management may use 100% of CFP Grants for operations. 4 RHF funds shall be included here.
Page 1 of 6 form +8' (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of llousing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part I: Summary
PHAName: Grant Typeand Number FFYof Grant: 2014 Capital FundProgram GrantN o: Wl39-P003-501-14 Replacement Housing Factor Grant No: Community Development Authority of the City of ThlteofCFFP FFYof Grant Approval: Madison Oh.IA 20 l 4 Type ofGrant D � B OriginalAnnual St-.itement Reserve for Disasters/Emergencies Revised Annual Statement (revision no: 1 ) Performance and Evaluation Report forPeriod Ending: Final Performance and Evaluation Report Line I Summary by Development Account I Total Estimated Cost I Total Actual Cost ' s�I. � <;:' I Orbi;inal Revised I Obligated Exvended u eD�wr Date Signature of Public Housing ,Director Date r J 1; AFf/n,l'l-i. �. I . J /(� O
Page 2 of6 form HUD-50075.1 (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program ([SLUHV081
3DUW,, 6XSSRUWLQJ3DJHV PHA Name: *UDQW7\SHDQG1XPEHU )HGHUDO))<RI*UDQW 2014 Community Development Authority of the City of Madison Capital Fund Program Grant No: WI39-P003-501-14 CFFP (Yes/ No): No Replacement Housing Factor Grant No: DNA Development General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Number Categories Account No. Name/PHA -Wide Activities Original Revised 1 Funds Funds Obligated 2 Expended 2 3-1 Flooring Replacement 1460 8 20,000.00 20,000.00 20,000.00 3-1 Heating Replacement 1460 6 57,138.80 20,000.00 3-1 Webb-Rthke Drain Tile 1460 2 30,000.00 30,000.00 3-4 Flooring Replacement 1460 5 20,000.00 20,000.00 20,000.00 3-4 Softener Replacement with DHW mods 1460 1 34,999.50 481.00 481.00 481.00 3-5 Flooring Replacement 1460 5 20,000.00 20,000.00 20,000.00 3-5 Common Area Carpet Replacement 1460 1 20,000.00 0.00 3-5 Heating Replacement 1460 4 35,000.00 53,000.00 3-6 Flooring Replacement 1460 5 20,000.00 20,000.00 20,000.00 3-7 Turbot Duplex Paint 1460 8,000.00 0.00 3-7 Flooring Replacement 1460 5 20,000.00 20,000.00 20,000.00 1,082.55 3-7 Heating Replacement 1460 6 60,000.00 20,952.10 3-7 Stein-Thompson Siding Replacement 1460 2 60,000.00 108,570.00 108,570.00 108,570.00 3-8 Flooring Replacement 1460 5 20,000.00 20,000.00 20,000.00 3-8 New East Maintenance Building 1460 1 0.00 134,136.00 3-9 Flooring Replacement 1460 3 20,000.00 20,000.00 20,000.00 3-9 Heating Replacement 1460 1 40,000.00 20,000.00 3-13 Flooring Replacement 1460 1 20,000.00 20,000.00 20,000.00 3-13 Marconi Refurb 1460 40,000.00 0.00 Cancelled
1 To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report.
Page 3 of 6 form +8' (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program ([SLUHV 08/31/2011 3DUW,, 6XSSRUWLQJ3DJHV PHA Name: *UDQW7\SHDQG1XPEHU )HGHUDO))<RI*UDQW 2014 Community Development Authority of the City of Madison Capital Fund Program Grant No: WI39-P003-501-14 CFFP (Yes/ No): No Replacement Housing Factor Grant No: DNA Development General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Number Categories Account No. Name/PHA -Wide Activities 1 Funds Obligated Original Revised 2 Funds Expended 2 ALL~01 Operations 1406 1 182,753.00 182,753.00 182,753.00 182,753.00 ALL~02 On-Demand 1460 1 30,000.00 38,000.00 24,588.80 24,588.80 ALL~03 Audit 1411 1 4,500.00 4,500.00
ADM-01 Administration 1410 1 91,376.90 91,376.90 91,376.90 91,376.90
A&E-01 Architectural & Engineering 1430 1 40,000.00 40,000.00
MGT~01 Maintenance Training 1408 1 10,000.00 5,000.00 MGT~02 Management Training 1408 1 10,000.00 5,000.00
1 To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report.
Page 4 of 6 form +8'(4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program ([SLUHV0811
3DUW,,, ,PSOHPHQWDWLRQ6FKHGXOHIRU&DSLWDO)XQG)LQDQFLQJ3U RJUDP
PHA Name: )HGHUDO))<RI*UDQW 2014 Community Development Authority of the City of Madison Development Number All Fund Obligated All Funds Expended Reasons for Revised Target Dates 1 Name/PHA- Wide (Quarter Ending Date) (Quarter Ending Date) Activities Original Obligation Actual Obligation Original Expenditure Actual Expenditure End Date End Date End Date End Date 3-1 05/2016 05/2018 3-4 05/2016 09/2018 3-5 05/2016 09/2018 3-6 05/2016 09/2018 3-7 05/2016 09/2018 3-8 05/2016 09/2018 3-9 05/2016 09/2018 3-13 05/2016 09/2018
1 Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1 937, as amended.
Page 5 of 6 form +8' (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program ([SLUHV 08/31/2011
3DUW,,, ,PSOHPHQWDWLRQ6FKHGXOHIRU&DSLWDO)XQG)LQDQFLQJ3U RJUDP
PHA Name: )HGHUDO))<RI*UDQW 2014 Community Development Authority of the City of Madison Development Number All Fund Obligated All Funds Expended Reasons for Revised Target Dates 1 Name/PHA- Wide (Quarter Ending Date) (Quarter Ending Date) Activities Original Obligation Actual Obligation Original Expenditure Actual Expenditure End Date End Date End Date End Date
1 Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1 937, as amended.
Page 6 of 6 form +8' (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing ·Capital Fund Financing Program OMB No. 2577-0226 Exuires 08/31/2011 Part I: Summary PHAName: Grant Type and Number FFY of Grant: 2015 Community Development Authority of Capital FundProgram Grant No: Wl39-P003-501-15 Replacement Housing Factor Grant No: the City of Madison llieofCFFP Q[ll8, FFVofGrantApproval: 2015 arpe of Grant Original Annual Statement D Reserve for Disasters/Emergencies 0 Revised Annual Statement (revision no: 1 ) 0 Performance and Evaluation Report for Period Ending: n Final Performance and .Evaluation Renort Une Summarv bv Develonment Account Total Estimated Cost Total Actual Cost 1 Ori2inal Revised 2 Oblmated Expended 1 Total non-CFP Funds 0.00 0.00 0.00 0.00 2 1406 Operations (may not exceed 20% of line 21) 3 186.848.00 326.984.00 0.00 0.00 3 1408 Management Improvements 20.000.00 ~ 14 000.00 0.00 0.00 4 1410 Administration (mav not exceed 10% ofline 21) 93.424.00 93.424.00 0.00 0.00 5 1411 Audit 2.500.00 2.500.00 0.00 0.00 6 l 415 Liauidated Damages 0.00 0.00 0.00 0.00 7 1430 Fees and Costs 38.500.00 38.500.00 0.00 0.00 8 I 440 Site Acquisition 0.00 0.00 0.00 0.00 9 1450 Site Improvement 0.00 0.00 0.00 0.00 10 1460 Dwelling Structures 577 o,;8 00 437.832.00 0.00 0.00 I I 1465. l Dwelling Equipment~Nonexnendable 0.00 0.00 0.00 0.00 12 1470 Non-dwellin" Structures (\ {\{\ 0.00 0.00 0.00 l3 1475 Non-dwelling Equipment I ._ Oflf\ f\fl 15.000.00 0.00 0.00 14 1485 Demolition fl {\fl 0.00 0.00 0.00 15 1492 Moving to Work Demonstration fl llfl 0.00 0.00 0.00 16 1495.1 Relocation Costs fl llll 0.00 0.00 0.00 17 1499 Development Activities• (\ (\(\ 0.00 0.00 0.00 18a 1501 Collateralization or Debt Service paid by the PHA fl on 0.00 0.00 0.00 18ba 9000 Collateralization or Debt Service paid Via System of Direct Payment 0.00 0.00 0.00 0.00 19 1502 Contin!!ency (may not exceed 8% of line 20) 0.00 0.00 0.00 0.00 20 Amount of Annual Grant: (~mmoflines 2- 19) 934.240.00 934.240.00 0.00 0.00 21 Amount ofline 20 Related to LBP Activities 0.00 0.00 0.00 0.00 22 Amount ofline 20 Related to Section 504 Activities 0.00 0.00 0.00 0.00 23 Amount ofline 20 Related to Security- Soft Costs 0.00 0.00 0.00 0.00 24 Amount ofline 20 Related to Securitv - Hard Costs 0.00 140.136.00 0.00 0.00 25 Amount ofline 20 Related to Energy Conservation Measures 0.00 0.00 0.00 0.00
' To be completed for the Performance and Evaluation Report 'To be completed for the Performance and Evaluation ReJ,>2rt or a Revised Annual Statement. 'PHAs with under 250 units in management may use lOOYoofCFP Grants for operations. 4 RHF fimds shall be included here.
Page I of6 fmm HUD-50075.1 (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program · Expires 08/31/2011
Part I: Summary PHAName: Grant Typeand Number FFY of Grant: 2015 Capilal FundProgramGrant No: Wl39-P003-501-15 Replacement Housing Factor Grant No: Community Development Authority of the City of UileofCFFP: ...O.... N,..A,,._ _ Metdison _____ FFY of Grant Approval: 2015 Type of Grant 0 Original Annual Statement Resen-e for Disasters/Emergencies 0 Revised Annual Statement (revision no: 1 .) Perfonnance and Evaluation Report for Period Ending: 0 Final Performance and Evaluation Report bv Develooment Account Total Estimated Cost Total Actual Cost Oril!inal Revised Oblie:ated Expended Date Signature of Public Housing Director Date I
, r\ -,_;,-\"'-·,--~ .; . J <'.I ~ Page 2of6 form HUD-50075.1 (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development
Capital Fund Program, Capital Fund Program Repl~cementHousing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part II: Supporting Pages PHAName: Grant Type and Number I<'ederal I<'I<'Yof Grant: 2015 Community Development Authority of the City of Madison C,apitalFlllld Program Gnmt No: Wl39-P003-501-15 CFFP (Yesi No): No Replacement Housing Factor Grant No: DNA Development General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Number Categories Account No. Name/PHA-Wide Activities Original Revised' Funds Funds Obligated 2 Expended 2 3-1 Flooring Replacement 1460 8 20,875.69 20,875.69 3-1 Heating Replacement 1460 6 15,000.00 15,000.00 3-4 Flooring Replacement 1460 7 33,268.74 33,268.74
3-5 Flooring Replacement 1460 2 7,393.05 7,393.05
3-6 Flooring Replacement 1460 8 8,268.74 8,268.74
3-7 Flooring Replacement 1460 2 7,393.05 7,393.05 3-7 Heating Replacement 1460 3 7,500.00 7,500.00 3-8 Flooring Replacement 1460 2 18,482.63 18,482.63 3-8 New East Maintenance Buildino 1460 1 400,000.00 265,864.00 3-9 Flooring Replacement 1460 2 7,393.05 7,393.05 3-9 Heatino Reolacement 1460 3 7,500.00 7,500.00 3-13 Floorino Reolacement 1460 3 7,393.05 7,393.05 3-13 Heatino Reolacement 1460 3 7,500.00 7,500.00 Admin Administration 1410 1 93,424.00 93,424.00 A+E Architectural, Engineering, Consulting 1430 1 30,000.00 30,000.00
' To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 'To be completed for the Performance and Evaluation Report.
Page 3 of6 form HUD-50075.1 (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Otl1ce of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011 Part II: Supporting Pages PHAName: Grant Type and Number Federal FFY of Grant: 2015 Communtty Development Authority of the City of Madison Capital Fmid Program Grant No: Wl39-P003-501-15 CFFP (Yes/No): No Replacement Housing Factor Grant No: DNA Development General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Number Categories Account No. Name/PHA-Wide Activities Original Revised 1 Funds qbligated Funds Expended 2 ALL-01 East Operations 1406 1 59,518.17 104,156.80 ALL-02 Triangle LRPH operations 1406 1 54,639.62 95,619.34 ALL-03 West Operations 1406 1 72,690.21 127,207.87
ALL-09 Fire Extinguisher Inspection 1430 1 8,500.00 8,500.00
ALL-11 Audit 1411 1 2,500.00 2,500.00 ALL-12 On-Demand 1460 1 30,000.00 30,000.0C ALL-13 Computer Hardware 1475 1 15,000.00 15,000.00
MGT-01 Maintenance Training 1408 1 10,000.00 10,000.00 MGT-02 Management Training 1408 1 10,000.00 4,000.00
' To be completed for the Perfomiance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report.
Page 4 of6 form HUD-50075.l (4/2008) Annual Statement/Performance and Evaluation Repo1t U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/31/2011
Part III: Implementation Schedule for Capital Fund Financing Program
PHAName: Federal FFY of Grant: 2015 Community Development Authority of the City of Madison Development Number All Fund Obligated All Funds Expended Reasons for Revised Target Dates 1 Name/PHA-Wide (Quarter Ending Date) (Quarter Ending Date) Activities Original Obligation Actual Obligation Original Expenditure Actual Expenditure End Date End Date End Date End Date 3-1 04/2017 04/2019 3-4 04/2017 04/2019 3-5 04/2017 04/2019 3-6 04/2017 04/2019 3-7 04/2017 04/2019 3-8 04/2017 04/2019 3-g 04/2017 04/2019 1-13 04/2017 04/2019
1 Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended.
Page 5 of6 form HUD-50075.1 (4/2008) Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program Expires 08/3l/201.1
Part III: Implementation Schedule for Capital Fund Financing Program
F'ederalFFY of Grant: 2015 PHA Name: C ommunity. D eve l opment A ut h only . of t h e c·1ty of M ad" 1son Development Nun1ber All Fund Obligated All Funds Expended Reasons for Revised Target Dates 1 Name/PHA-Wide (Quarter Ending Date) (Quarter Ending Date) Activities Original Obligation IActual Obligation Original Expenditure I Actual Expenditure End Date End Date End Date End Date
'Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended.
Page 6 of6 form HUD-50075.1 (4/2008)
Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program OMB No. 2577-0226 E1:xprres 06/30/2017 Part I: Summary PHA Name: Community Development FFY of Grant: 2017 Grant Type and Number Authority of the City of Madison FFY of Grant Approval: 2017 Capital Fund Program Grant No: Wl39P00350117 Replacement Housing Factor Grant No: Date ofCFFP: Type of Grant xOriginal Annual Statement D Reserve for Disasters/Emergencies D Revised Annnal Statement (revision no: ) D Performance and Evaluation Report for Period Ending: D Final Performance and Evaluation Report Line Summary by Development Account Total Estimated Cost Total Actual Cost 1 Ori2inal Revised2 Obligated Expended 1 Total _non-CFP Funds 0.00 2 1406 Operations (may not exceed 20% ofline 21) 3 $ ·223,335.00 3 1408 Management Improvements $ 20,000.00 4 1410 Administration (may not exceed 10% of line 21) $ 111,667.50 5 1411 Audit 0.00 6 1415 Liquidated Damages 0.00 7 1430 Fees and Costs $ 33,500.25 8 1440 Site Acquisition 0.00 9 1450 Site Improvement 0.00 10 1460 Dwelling Structures $ 703,172.25 11 1465.1 Dwelling Equipment-Nonexpendable 0.00 12 14 70 Non-dwelling Structures 0.00 13 1475 Non-dwelling Equipment $ 25,000.00 14 1485 Demolition 0.00 15 1492 Moving to Work Demonstration 0.00 16 1495.1 Relocation Costs 0.00 17 . 1499 Development Activities 4 0.00
1 To be completed for the Performance and Evaluation Report. 'To be completed for the Performance and Evaluation Report or a Revised Annual.Statement. 'PHAs with under 250 units in management may use 100% of CFP Grants for operations. 4 RHF funds shall be included here.
Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Progi:am Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program O:MB No. 2577-0226 Expires 06/30/2017
Part II: Sunnortin2 Pa2es PHAName: Community Development Authority of the City of Grant Type and Number_ Federal FFY of Grant: 2017 Madison Capital Fund Program Grant No: Wl39PDD35D117 CFFP (Yes/No): Replacement Housing Factor Grant No:
Development Number Name/PHA-Wide General Description Development Quantity Total Estimated Cost Total Actual Cost Status of Work Activities of Major Work Account No. Categories Original ·Revised' Funds Funds Obligated2 Exoended2 WI003000200 Scattered Site Operations 1406 $54,245.20 WI003000300 Bjarnes Romnes Apts. Operations 1406 $89,010.60 WI003000400 Brittingham Apts. Operations 1406 $59,524.20 WI003000500 Truax Park Apts. LLC Operations 1406 $14,414.00 WI003000600 Truax Phase II Operations 1406 $6,141.00
WI003000200 Scattered Site Mgt. Imps. 1408 $4,857.74 WI003000300 Bjarnes Romnes Apts. Mgt. Imps. 1408 $7,971.04 WI003000400 Brittingham Apts. Mgt. Imps. 1408 $5,330.49 WI003000500 Truax Park Apts. LLC Mgt. Imps. 1408 $1,290.80 WI003000600 Truax Phase II Mgt. Imps. 1408 $549.94
WI003000200 Scattered Site Administration 1410 $27,122.60 WI003000300 Bjarnes Romnes Apts. Administration 1410 $44,505.30 WI003000400 Brittingham Apts. Administration 1410 $29,762.10 WI003000500 Truax Park Apts. LLC Administration "1410 $7,207.00 WI003000600 Truax Phase II Administration 1410 $3,070.50
1 To be completed for the Perfonnance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Perfonnance and Evaluation Report. Annual Statement/Performance and Evaluation Report U.S. Department of Housing and Urban Development Capital Fund Progrilm, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program OMB No. 2577-0226 Expires 06/30/2017
I Part II: Supporting Pa2Cs PHAName: Community Development Authority of the City of Grant Type and Number . Federal FFY of Grant: 2017 Madison Capital Fund Program Grant No: Wl39P00350117 CFFP (Yes/No): Replacement Housing Factor Grant No:
Development Number Name/PHA-Wide General Description Development Quantity Total Estimated Cost Total Actual Cost Status of Work Activities ofMajorWork Account No. Categories Original · I ~evised Funds Funds I I I Obligated2 Expended2 I WI003000200 Scattered Site I Fees & Costs I 1430 $8,136.78 I I WI003000300 Bjarnes Romnes Apts. I Fees & Costs I 1430 $13,351.59 I I WI003000400 Brittingham Apts. I Fees & Costs I 1430 · $8,928.63 I I WI003000500Truax Park Apts. LLC I Fees & Costs I 1430 s2,162.10 I I WI003000600 Truax Phase II I Fees & Costs I 1430 $92i.15 I I I I I I WI003000200 Scattered Site I Flooring I 1460 $36,433.01 I I WI003000300 Bjarnes Romnes Apts. I Flooring I 1460 $59,182.19 I I WI003000400 Brittingham Apts. I Flooring I 1460 $39,978.64 I I WI003000500 Truax Park Apts. LLC I Flooring I 1460 $9,680.91 I I WI003000600 Truax Phase II I Flooring I 1460 $4,124.52 I I I I I WI003000200 Scattered Site Heating I 1460 I $36,433.01 I I WI003000300 Bjarnes Romnes Apts. Heating I 1460 I $59,182.19 I WI003000400 Brittingham Apts. Heating 1460 $39,978.64 I WI003000500 Truax Park Apts. LLC Heating I 1460 I I $9,680.91 I I j I WI003000600 Truax Phase II Heating 1460 $4,124.52
1 To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report. Annual Statement/Performance and Evaluation Report · U.S. Department of Housing and Urban Development Capital Fund Program, Capital Fund Program Replacement Housing Factor and Office of Public and Indian Housing Capital Fund Financing Program OMB No. 2577-0226 Expires 06/30/2017
Part Il: Supportine: Pae:es PHAName: Community Development Authority of the City of Grant Type and Number FederalFFYofGrant: 2017 Madison Capital Fund Program Grant No: Wl39P00350117 CFFP (Yes/No): Replacement Housing Factor Grant No:
Development Number Name!PHA-Wide General Description Development Quantity Total Estimated Cost Total Actual Cost Status of Work Activities of Major Work Account No. Categories Original Revised Funds Funds 1 Obligated2 Exoended2 WI003000200 Scattered Site On Demand 1460 $7,286.61 I WI003000300 Bjarnes Romnes Apts. I On Demand 1450 I I $11,956.56 I WI003000400 Brittingham Apts. On Demand 1460 $7,995.73 WI003000500 Truax Park Apts. LLC On Demand 1460 $1,936.19 · WI003000600 Truax Phase II On Demand 1460 $824.90 I I I WI003000200 Scattered Site I Parking Repave I 1460 I I $12,866.14 I I \o/1003000300 Bjarnes Romnes Apts. I Parking Repave I 1450 I I $119,565.59 I I WI003000400 Brittingham Apts. I Parking Repave I 1450 I I $19,951.28 I I WI003000500 Truax Park Apts. LLC I Parking Repave I · 1450 I I $19,361.95 I I WI003000600 Truax Phase II I Parking Repave I · · 1450 I I $8,249.04 I I I I I WI003000200 Scattered Site Exterior Lighting 1460 $17,772.60 WI003000300 Bjarnes Romnes Apts. Exterior Lighting 1460 $29,162.94 Wl003000400 Brittingham Apts. Exterior Lighting 1460 $19,502.18 WI003000500 Truax Park Apts. LLC Exterior Lighting 1460 $4,722.52 I WI003000600 Truax Phase II I· Exterior Lighting 1450 I s2,012.oo I
I To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report.
COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON, WISCONSIN ______Presented: June 8, 2017 Referred to: ______Resolution No. 4226 Reported Back: ______
Adopted: __June 8, 2017______Approving HUD required Violence Placed on File: ______Against Women Reauthorization Act of Moved By: _Daniel Guerra, Jr._____ 2013 (VAWA) changes Seconded by: _Sariah Daine______
Yeas: __4_ Nays: _0__ Absent: _2__ Rules Suspended: ______
RESOLUTION
Whereas, The Violence Against Women Reauthorization Act of 2013 (VAWA) reauthorizes and amends the Violence Against Women Act of 1994;
Whereas, Regulations pertaining to VAWA protections and rights and responsibilities are already in place, in 24 CFR part 5, subpart L for HUD’s Public Housing, Multifamily Housing, and Section 8 rental assistance programs;
Whereas, the CDA has been following VAWA regulations, including VAWA notification to persons admitted to a CDA housing program, when an applicant is denied admission into a CDA housing program, and when a program participant is threatened with eviction or termination of housing benefits;
Whereas, VAWA 2013 expands protections to include survivors of sexual assault and adds a new provision requiring the adoption of an emergency transfer plan for use by Public Housing Authorities (PHAs) participating in HUD covered programs; and
Whereas, the CDA must update its VAWA policies per HUD’s recently published guidelines for VAWA 2013, and the CDA will continue to provide required VAWA notification;
NOW, THEREFORE, BE IT RESOLVED that the CDA Board of Commissioners adopts revised VAWA policies per HUD requirements.
1 of 2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-3000
Key Housing Provisions in VAWA 2013
VAWA 2013 maintains protections for public housing, Section 8 vouchers, and project based Section 8, and also expands the housing protections from VAWA 2005 to include the following programs which includes HUD’s Homeless Assistance Programs:
o HOME Investment Partnerships program o § 202 supportive housing for the elderly o Section 236 Rental Program o § 811 supportive housing for people with disabilities o Section 221(d)(3) Below Market Interest Rate (BMIR) Program o HOPWA housing program o HUD’s McKinney-Vento homeless programs o Low-Income Housing Tax Credit properties o USDA Rural Housing properties
VAWA 2013 continues to bar eviction and termination due to a tenant’s status as a survivor, and requires landlords to maintain survivor-tenant confidentiality. It also continues to prohibit a tenant who is a survivor of domestic violence from being denied assistance, tenancy, or occupancy rights based solely on criminal activity related to an act of domestic violence committed against them.
VAWA 2013 now specifically extends housing protections to survivors of sexual assault, and adds “intimate partner” to the list of eligible relationships in the domestic violence definition. Protections also now cover an “affiliated individual,” which includes any person living with the survivor and related to him or her by blood or marriage including the survivor’s spouse, parent, brother, sister, child, or any person to whom the survivor stands in loco parentis.
It continues to allow a lease bifurcation so a tenant or lawful occupant who engages in criminal acts of physical violence against affiliated individuals or others may be evicted or removed without evicting or removing or otherwise penalizing a victim who is a tenant or lawful occupant. If victim cannot establish eligibility, the landlord must give a reasonable amount of time to find new housing or establish eligibility under another covered housing program.
New housing protections in VAWA 2013 includes the requirement that each appropriate agency develop a notice of rights under VAWA for tenants and provide such notice at the time a person applies for housing, when a person is admitted as a tenant of a housing unit, and when a tenant is threatened with eviction or termination of housing benefits.
VAWA 2013 requires each appropriate agency to adopt a model transfer plan for use by public housing agencies and owners or managers of housing. Tenants must request a transfer and reasonably believe that they are threatened with imminent harm from further violence if the tenant remains in the same unit. Public Housing ACOP - June 8, 2017 VAWA updates
Chapter Section Title Sub-Section / Description 2 2-I.A. OVERVIEW VAWA 2005 changed to VAWA 2013
3 3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY "sexual assault" added
3-III.A. OVERVIEW VAWA 2005 changed to VAWA 2013
PROHIBITION AGAINST DENIAL OF ASSITANCE TO VICTIMS OF DOMESTIC 3-III.F. New forms listed VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
VAWA Notice and Certification provided at admission 4 4-III.E. FINAL ELIGIBILITY DETERMINATION and with notice of ineligibility
5 5-II.D. REFUSAL OF UNIT OFFERS Good Cause for Unit Refusal
8 8-I.B. LEASE ORIENTATION Orientation Agenda
Language taken from Form HUD-5381 , Model 12 12-I.B. EMERGENCY TRANSFERS Emergency Transfer Plan
Language taken from Form HUD-5381 , Model 12-I.C. EMERGENCY TRANSFER PROCEDURES Emergency Transfer Plan
12-III.C. ELIGIBILITY FOR TRANSFER Exceptions for VAWA emergency tranfers
12-IV.B. TRANSFER LIST "VAWA" added
13 13-III.B. MANDATORY LEASE PROVISIONS Definitions updated
Other Serious or Repeated Violations of Material Terms of the Lease - Mandatory Lease Provisions
13-III.C. OTHER AUTHORIZED REASONA FOR TERMINATION Other Good Cause
13-III.D. ALTERNATIVE TO TERMINATION OF TENANCY Exclustion of Culpable Household Member
13-III.E. CRITERIA FOR DECIDING TO TERMINATE TENANCY Consideration of Circumstances
TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 13-III.F. Added "sexual assault" throughout ASSAULT, OR STALKING
13-IV.D. LEASE TERMINATION NOTICE Form, Delivery, and Content of Notice
14 14-I.B. INFORMAL HEARING PROCESS Notice of Denial
16 INTRODUCTION "sexual assault" added to Chapter summary
16-V.C. RECORDS MANAGEMENT "sexual assault" added
16-VII.A. OVERVIEW "sexual assault" added, Chapter reference updated
16-VII.B. DEFINITIONS Definitions updated
"sexual assault" added, Certification form updated, PIH 16-VII.C. NOTIFICATION Notice changed to PIH 2017-08
"sexual assault" added, Certification form updated, list 16-VII.D. DOCUMENTATION of forms of documentation updated, changed to 14 business days
16-VII.E. CONFIDENTIALITY "Sexual assault" added
Exhibit 16-1 NOTICE OF OCCUPANCY RIGHTS UNDER VAWA Form HUD-5380 implemented as the exhibit
Exhibit 16-2 VAWA CERTIFICATION AND ALTERNATIVE DOCUMENTATION Form HUD-5382 implemented as the exhibit
Exhibit 16-3 VAWA EMERGENCY TRANSFER REQUEST Form HUD-5383 implemented as the exhibit Chapter 12
TRANSFER POLICY
INTRODUCTION This chapter explains the PHA’s transfer policy, based on HUD regulations, HUD guidance, and PHA policy decisions. This chapter describes HUD regulations and PHA policies related to transfers in four parts: Part I: Emergency Transfers. This part describes emergency transfers, emergency transfer procedures, and payment of transfer costs. Part II: PHA Required Transfers. This part describes types of transfers that may be required by the PHA, notice requirements, and payment of transfer costs. Part III: Transfers Requested by Residents. This part describes types of transfers that may be requested by residents, eligibility requirements, security deposits, payment of transfer costs, and handling of transfer requests. Part IV: Transfer Processing. This part describes creating a waiting list, prioritizing transfer requests, the unit offer policy, examples of good cause, deconcentration, transferring to another development and reexamination. The PHA may require the tenant to move from the unit under some circumstances. There are also emergency circumstances under which alternate accommodations for the tenant must be provided, that may or may not require a transfer. The tenant may also request a transfer, such as a request for a new unit as a reasonable accommodation. The PHA must have specific policies in place to deal with acceptable transfer requests.
© Copyright 2011 by Nan McKay & Associates Page 12-1 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision © Copyright 2011 by Nan McKay & Associates Page 12-2 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision PART I: EMERGENCY TRANSFERS
12-I.A. OVERVIEW HUD categorizes certain actions as emergency transfers [PH Occ GB, p. 147]. The emergency transfer differs from a typical transfer in that it requires immediate action by the PHA. In the case of a genuine emergency, it may be unlikely that the PHA will have the time or resources to immediately transfer a tenant. Due to the immediate need to vacate the unit, placing the tenant on a transfer waiting list would not be appropriate. Under such circumstances, if an appropriate unit is not immediately available, the PHA should find alternate accommodations for the tenant until the emergency passes, or a permanent solution, i.e., return to the unit or transfer to another unit, is reached.
12-I.B. EMERGENCY TRANSFERS If the dwelling unit is damaged to the extent that conditions are created which are hazardous to life, health, or safety of the occupants, the PHA must offer standard alternative accommodations, if available, where necessary repairs cannot be made within a reasonable time [24 CFR 966.4(h)]. CDA Policy The following is considered an emergency circumstance warranting an immediate transfer of the tenant or family: Maintenance conditions in the resident’s unit, building or at the site that pose an immediate, verifiable threat to the life, health, or safety of the resident or family members that cannot be repaired or abated within 24 hours. Examples include that the resident’s unit has been damaged by fire, flood, or other causes of such a degree that the unit is not habitable, provided that, although the damage was a result of carelessness or negligence of the resident or a member of the resident’s household, the resident has, in writing, accepted the responsibility for such damage and has agreed to make restitution to the CDA for the expense of repairing such damage.
In accordance with the Violence Against Women Act (VAWA), the CDA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant’s current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation. The ability of the CDA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether the CDA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy.
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD’s regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer, if the tenant reasonably believes that there is a threat of imminent
© Copyright 2011 by Nan McKay & Associates Page 12-3 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar-day period preceding a request for an emergency transfer. Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements for a VAWA emergency transfer
12-I.C. EMERGENCY TRANSFER PROCEDURES CDA Policy If the transfer is necessary because of maintenance conditions, and an appropriate unit is not immediately available, the CDA will assist the family in finding a temporary location. Such an emergency transfer is mandatory for the tenant.
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, requesting an emergency transfer must expressly request the transfer by notifying the CDA’s property management office and submitting a written request for a VAWA transfer to an identified location. The CDA will provide reasonable accommodations to this policy for individuals with disabilities. The tenant’s written request for an emergency VAWA transfer should include either:
1. A statement expressing that the tenant reasonable believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under the CDA’s housing program; OR
2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant’s request for an emergency transfer.
The CDA will keep confidential any information that the tenant submits in requesting an emergency VAWA transfer, and information about the emergency transfer, unless the tenant gives the CDA written permission to release the information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the tenant.
The CDA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. The CDA will, however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. The CDA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit.
© Copyright 2011 by Nan McKay & Associates Page 12-4 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision
If the CDA has no safe and available units for which a tenant who needs an emergency is eligible, the CDA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant’s request, the CDA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking (e.g. D.A.I.S.)
Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe. See Chapter 16, Part VII Violence Against Women Act (VAWA), Exhibit 16-1, for additional resources.
12-I.D. COSTS OF TRANSFER CDA Policy The resident, except when the transfer is due to the need of the CDA, will pay all moving costs related to the transfer. The resident will be required to pay a new deposit and upon acceptance of a unit will be informed of the manner in which it is to be paid.
© Copyright 2011 by Nan McKay & Associates Page 12-5 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision © Copyright 2011 by Nan McKay & Associates Page 12-6 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision PART II: PHA REQUIRED TRANSFERS
12-II.A. OVERVIEW HUD regulations regarding transfers are minimal, leaving it up to the PHA to develop reasonable transfer policies. The PHA may require that a resident transfer to another unit under some circumstances. For example, the PHA may require a resident to transfer to make an accessible unit available to a disabled family. The PHA may also transfer a resident in order to maintain occupancy standards based on family composition. Finally, a PHA may transfer residents in order to demolish or renovate the unit. A transfer that is required by the PHA is an adverse action, and is subject to the notice requirements for adverse actions [24 CFR 966.4(e)(8)(i)].
12-II.B. TYPES OF PHA REQUIRED TRANSFERS CDA Policy The types of transfers that may be required by the CDA, include, but are not limited to, transfers to make an accessible unit available for a disabled family, transfers to comply with occupancy standards, transfers for demolition, disposition, revitalization, or rehabilitation, and emergency transfers as discussed in Part I of this chapter. Transfers required by the CDA are mandatory for the resident and non-compliance by the resident may result in lease termination. Transfers to Make an Accessible Unit Available When a family is initially given an accessible unit, but does not require the accessible features, the PHA may require the family to agree to move to a non-accessible unit when it becomes available [24 CFR 8.27(b)]. CDA Policy When a non-accessible unit becomes available, the CDA will transfer a family living in an accessible unit that does not require the accessible features, to an available unit that is not accessible. The CDA may wait until a disabled resident requires the accessible unit before transferring the family that does not require the accessible features out of the accessible unit. The resident, transferring out of the accessible unit, will pay all moving costs related to the transfer.
© Copyright 2011 by Nan McKay & Associates Page 12-7 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision Occupancy Standards Transfers The PHA may require a resident to move when a reexamination indicates that there has been a change in family composition, and the family is either overcrowded or over-housed according to PHA policy [24 CFR 960.257(a)(4)]. On some occasions, the PHA may initially place a resident in an inappropriately sized unit at lease-up, where the family is over-housed, to prevent vacancies. The public housing lease must include the tenant’s agreement to transfer to an appropriately sized unit based on family composition [24 CFR 966.4(c)(3)]. CDA Policy The CDA will transfer a family when the family size has changed and the family is now too large (overcrowded) or too small (over-housed) for the unit occupied. For purposes of the transfer policy, overcrowded and over-housed are defined as follows: Overcrowded: the number of household members exceeds the maximum number of persons allowed for the unit size in which the family resides, according to the chart in Section 5-I.B. Over-housed: the family no longer qualifies for the bedroom size in which they are living based on the CDA’s occupancy standards as described in Section 5-I.B. The CDA may also transfer a family who was initially placed in a unit in which the family was over-housed to a unit of an appropriate size based on the CDA’s occupancy standards, when the CDA determines there is a need for the transfer. The CDA may elect not to transfer an over-housed family in order to prevent vacancies. A family that is required to move because of family size will be advised by the CDA that a transfer is necessary and that the family has been placed on the transfer list. Families that request and are granted an exception to the occupancy standards (for either a larger or smaller size unit) in accordance with the policies in Section 5-I.C. will only be required to transfer if it is necessary to comply with the approved exception. If a family that is required to move refuses the offered unit, the CDA will evaluate the reason for the refusal and determine if it is one of good cause. If the CDA determines that there is no good cause, the CDA will begin lease termination proceedings. Demolition, Disposition, Revitalizations, or Rehabilitation Transfers These transfers permit the PHA to demolish, sell or do major capital or rehabilitation work at a building site [PH Occ GB, page 148]. CDA Policy The CDA will relocate a family when the unit or site in which the family lives is undergoing major rehabilitation that requires the unit to be vacant, or the unit is being disposed of or demolished. The CDA’s relocation plan may or may not require transferring affected families to other available public housing units. If the relocation plan calls for transferring public housing families to other public housing units, affected families will be placed on the transfer list. In cases of revitalization or rehabilitation, the family may be offered a temporary
© Copyright 2011 by Nan McKay & Associates Page 12-8 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision relocation if allowed under Relocation Act provisions, and may be allowed to return to their unit, depending on contractual and legal obligations, once revitalization or rehabilitation is complete.
12-II.C. ADVERSE ACTION [24 CFR 966.4(e)(8)(i)] A PHA required transfer is an adverse action. As an adverse action, the transfer is subject to the requirements regarding notices of adverse actions. If the family requests a grievance hearing within the required timeframe, the PHA may not take action on the transfer until the conclusion of the grievance process.
12-II.D. COST OF TRANSFER CDA Policy The CDA will only bear the costs of transfers in association with demolition, disposition, revitalization, or rehabilitation.
© Copyright 2011 by Nan McKay & Associates Page 12-9 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision © Copyright 2011 by Nan McKay & Associates Page 12-10 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision
PART III: TRANSFERS REQUESTED BY TENANTS
12-III.A. OVERVIEW HUD provides the PHA with discretion to consider transfer requests from tenants. The only requests that the PHA is required to consider are requests for reasonable accommodation. All other transfer requests are at the discretion of the PHA. To avoid administrative costs and burdens, this policy limits the types of requests that will be considered by the PHA. Some transfers that are requested by tenants should be treated as higher priorities than others due to the more urgent need for the transfer.
12-III.B. TYPES OF RESIDENT REQUESTED TRANSFERS CDA Policy The types of requests for transfers that the CDA will consider are limited to requests for transfers to alleviate a serious or life threatening medical condition, transfers due to a reasonable accommodation, transfers to a different unit size as long as the family qualifies for the unit according to the CDA’s occupancy standards, and transfers to a location closer to employment, education, or daycare. No other transfer requests will be considered by the CDA. The CDA will consider the following as high priority transfer requests: Emergency When a family requests a transfer as a reasonable accommodation. Examples of a reasonable accommodation transfer include, but are not limited to, a transfer to a first floor unit for a person with mobility impairment, or a transfer to a unit with accessible features Underhoused or overcrowded Family above the Established Income Range (EIR) moving into a development below the EIR, or vice versa. An EIR transfer will be executed when the first family on the transfer list above the EIR is needed to move into a development below the EIR, or vice versa The CDA will consider the following as regular priority transfer requests: To live in housing designated for the elderly under the CDA’s allocation plan To live closer to a required medical treatment center When the head of household or spouse is employed 25 miles or more from the public housing unit, has no reliable transportation and public transportation is not adequate When it is to the CDA’s advantage (e.g. redevelopment activity, caretaking or other programmatic efforts)
© Copyright 2011 by Nan McKay & Associates Page 12-11 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision
12-III.C. ELIGIBILITY FOR TRANSFER Transferring residents do not have to meet the admission eligibility requirements pertaining to income or preference. However, the PHA may establish other standards for considering a transfer request [PH Occ GB, p. 150]. CDA Policy Except where reasonable accommodation is being requested, the CDA will only consider transfer requests from residents that are in good standing, including, but not limited to meeting the following requirements: Have no negative rental history, including delinquency in rent or other charges, currently owe back rent, other charges, or a debt to the CDA, have a pattern of late payment, or have housekeeping lease violations Have no history of disturbances or of damaging property Have not engaged in criminal activity that threatens the health and safety or residents and staff Have not had utilities turned off (applicable only to properties with tenant-paid utilities) A resident with housekeeping standards violations will not be transferred until the resident passes a follow-up housekeeping inspection, as well as annual CDA and mandatory HUD Physical Inspection specifications. Exceptions to the good record requirement may be made when it is to the CDA’s advantage to make the transfer. Exceptions will also be made when the CDA determines that a transfer is necessary to protect the health or safety of a resident who is a victim of domestic violence, dating violence, sexual assault, or stalking and who provides a written request (see section 12-I.-C. EMERGENCY TRANSFER PROCEDURES.) If a family requested to be placed on the transfer waiting list for a unit size smaller than designated by the occupancy guidelines, the family will not be eligible to transfer to a larger size unit for a period of two years from the date of admission, unless they have a change in family size or composition, or the transfer is needed as a reasonable accommodation. The CDA will not grant a transfer request solely to accommodate neighbors who “cannot get along.”
12-III.D. SECURITY DEPOSITS CDA Policy When a family transfers from one unit to another, the CDA will transfer the family’s security deposit to the new unit. The resident will be billed for any maintenance or others charges due for the “old” unit. The resident must pay the difference of the security deposit if transferring to a unit with a higher security deposit.
© Copyright 2011 by Nan McKay & Associates Page 12-12 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision
12-III.E. COST OF TRANSFER The PHA must pay moving expenses to transfer a resident with a disability to an accessible unit as an accommodation for the resident’s disability [Notice PIH 2006-13]. CDA Policy The resident will bear all of the costs of transfer s/he requests.
12-III.F. HANDLING OF REQUESTS CDA Policy Residents requesting a transfer to another unit or development will be required to submit a written request for transfer. In case of a reasonable accommodation transfer, the CDA will encourage the resident to make the request in writing using a reasonable accommodation request form. However, the CDA will consider the transfer request any time the resident indicates that an accommodation is needed whether or not a formal written request is submitted. The CDA will respond by approving the transfer and putting the family on the transfer list, by denying the transfer, or by requiring more information or documentation from the family. If the family does not meet the “good standing” requirements under Section 12-III.C., the manager will address the problem and, until resolved, the request for transfer will be denied. The CDA will respond within ten (10) business days of the submission of the family’s request. If the CDA denies the request for transfer, the family will be informed of its grievance rights.
© Copyright 2011 by Nan McKay & Associates Page 12-13 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision © Copyright 2011 by Nan McKay & Associates Page 12-14 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision PART IV: TRANSFER PROCESSING
12-IV.A. OVERVIEW Generally, transfers should be placed on a transfer list and handled in the appropriate order. The transfer process must be clearly auditable to ensure that residents do not experience disparate treatment.
12-IV.B. TRANSFER LIST CDA Policy The CDA will maintain a transfer list to ensure that transfers are processed in the correct order and that procedures are uniform across all properties. Emergency transfers will not automatically go on the transfer list. Instead emergency transfers will be handled immediately, on a case-by-case basis. If the emergency will not be finally resolved by a temporary accommodation, and the resident requires a permanent transfer, that transfer will be placed at the top of the transfer list. Transfers will be processed in the following order: 1. Emergency transfers (hazardous maintenance conditions, VAWA) 2. High-priority transfers (verified medical condition, threat of harm or criminal activity, and reasonable accommodation) 3. Transfers to make accessible units available 4. Demolition, renovation, etc. 5. Occupancy standards 6. Other PHA-required transfers 7. Other tenant-requested transfers Within each category, transfers will be processed in order of the date a family was placed on the transfer list, starting with the earliest date. With the approval of the executive director, the CDA may, on a case-by-case basis, transfer a family without regard to its placement on the transfer list in order to address the immediate need of a family in crisis. Demolition and renovation transfers will gain the highest priority as necessary to allow the CDA to meet the demolition or renovation schedule. Transfers will take precedence over waiting list admissions.
© Copyright 2011 by Nan McKay & Associates Page 12-15 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision 12-IV.C. TRANSFER OFFER POLICY CDA Policy Residents will receive one offer of a transfer. When the transfer is required by the CDA, refusal of that offer without good cause will result in lease termination. When the transfer has been requested by the resident, refusal of that offer without good cause will result in the removal of the household from the transfer list and the family must wait six months to reapply for another transfer.
12-IV.D. GOOD CAUSE FOR UNIT REFUSAL CDA Policy The CDA will require documentation of good cause for unit refusals. 12-IV.E. DECONCENTRATION CDA Policy If subject to deconcentration requirements, the CDA will consider its deconcentration goals when transfer units are offered. When feasible, families above the Established Income Range will be offered a unit in a development that is below the Established Income Range, and vice versa, to achieve the CDA’s deconcentration goals. A deconcentration offer will be considered a “bonus” offer; that is, if a resident refuses a deconcentration offer, the resident will receive one additional transfer offer.
12-IV.F. REEXAMINATION POLICIES FOR TRANSFERS CDA Policy The reexamination date will be changed to coincide with the developments annual reexamination schedule.
© Copyright 2011 by Nan McKay & Associates Page 12-16 CDA ACOP Unlimited copies may be made for internal use. 6/08/17 Revision Section 8 Administrative Plan - June 8, 2017 VAWA updates
Chapter Section Title Sub-Section / Description
2 2-I.A. OVERVIEW VAWA 2005 changed to VAWA 2013
FAMILY BREAKUP AND REMAINING MEMBER OF TENANT 3 3-I.C. Victims and perpetrators of HUD VASH vouchers procedures added FAMILY VAWA 2013 factors included in absence of judicial decision
3-III.A. OVERVIEW "Sexual Assault" added
3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE "Sexual Assault" added
3-III.F. NOTICE OF ELIGIBILITY OR DENIAL "Sexual Assault" added
PROHIBITION AGAINST DENIAL OF ASSITANCE TO VICTIMS 3-III.G. OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL "Sexual Assault" added, Definitions updated ASSAULT, AND STALKING Notification and Documentation of VAWA updated
Briefing packet to include VAWA Notice (HUD-5380) and Certification (HUD- 5 5-I.B. BRIEFING 5382)
9 9-I.G. HAP CONTRACT EXECUTION CDA to provide VAWA Notice (HUD-5390) and Certification (HUD-5382)
10 10-I.A. ALLOWABLE MOVES Request of emergency transfer using form HUD-5383 and refer to 16-IX.D.
10-I.B. RESTRICTIONS ON MOVES Prohibitions to move do not apply to VAWA
Applicant Families - Prohibitions to move under Portability do not apply to 10-II.B. INITIAL PHA ROLE VAWA Participant Families - Prohibitions to move under Portability do not apply to VAWA
For evicitons, Incidents related to VAWA are not considered serious or 12 12-I.D. MANDATORY TERMINATION OF ASSISTANCE repeated lease violations
CDA will not terminate if VAWA applies. Exception for an actual or 12-I.E. POLICIES AND AUTHORIZED TERMINATIONS imminent threat
12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE "sexual assault" added to VAWA circumstances for consideration
Updated for VAWA 2013 ("Sexual Assault" added), PIH 2017-08, and refers 12-II.E. TERMINATIONS RELATED TO VAWA to Chapter 16
CDA wil included VAWA Notice (HUD-5380) and Certification (HUD-5382) 12-II.F. TERMINATION NOTICE with termination notices
Serious or Repeated Lease Violations directly related to VAWA are excluded 12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY as grounds for termination Criminal Activity or Alcohol Abuse directly related to VAWA are excluded as grounds for termination
12-III.D. DECIDING WHETHER TO TERMINATE TENANCY An owners decision to terminate for incidents directly related to domestic violence, dating violence, sexual assault, or stalking is limited by VAWA
Any incidents of, or criminal activity related to, domestic violence, dating EXHIBIT 12-I STATEMENT OF FAMILY OBLIGATIONS violence, sexual assault or stalking will not be construed as serious or repeated lease violations by the victim 13-I.C. OWNERS RESPONSIBILITIES 13 VAWA 2005 Changed to VAWA 2013, including citation of regulations
Part IX: Violence Against Women Act (VAWA): Notificaton, Documentation, 16 INTRODUCTION Confidentiality Added
Decisions Subject to Informal Review - Remove: "Denial of assistance based 16-III.B. INFORMAL REVIEWS on an unfavorable history that may be the result of domestic violence, dating violence or stalking. (See Section 3-III.G.)"
Decisions Subject to Informal Hearing - Remove: "A determination to deny 16-III.C. INFORMAL HEARING FOR PARTICIPANTS admission based on an unfavorable history that may be the result of domestic violence, dating violence, or stalking."
Confidential VAWA transfer requests and outcome records must be kept for 16-VI.B. RECORDS RETENTION 3 years
16-VI.C. RECORDS MANAGEMENT For VAWA refers to 16-IX.E.
VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, PART IX 16-IX.A. Overview and 16-IX.B. Definitions added DOCUMENTATION, CONFIDENTIALITY
16-IX.C. Notification to Public added. Notification to Applicants, 16-IX.C. NOTIFICATION Participants, and Owners updated per VAWA 2013 requirements
Added VAWA policy on: Documentation, Conflicting Documentation, 16-IX.D. DOCUMENTATION Discrection to Require No Formal Documentation, Failure to Provide Documentation
16-IX.E. CONFIDENTIALITY Added VAWA Confidentiality policy, including notice of disclosure to victim
Exhibit 16-1 NOTICE OF OCCUPANCY RIGHTS UNDER VAWA Form HUD-5380 implemented as the exhibit
Exhibit 16-2 CERTIFICATION OF VAWA Form HUD-5382 implemented as the exhibit
Exhibit 16-3 S8 VAWA EMERGENCY TRANSFER PLAN Form HUD-5383 implemented as the exhibit Chapter 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
INTRODUCTION Freedom of choice is a hallmark of the housing choice voucher (HCV) program. In general, therefore, HUD regulations impose few restrictions on where families may live or move with HCV assistance. This chapter sets forth HUD regulations and PHA policies governing moves within or outside the PHA’s jurisdiction in two parts: Part I: Moving with Continued Assistance. This part covers the general rules that apply to all moves by a family assisted under the PHA’s HCV program, whether the family moves to another unit within the PHA’s jurisdiction or to a unit outside the PHA’s jurisdiction under portability. Part II: Portability. This part covers the special rules that apply to moves by a family under portability, whether the family moves out of or into the PHA’s jurisdiction. This part also covers the special responsibilities that the PHA has under portability regulations and procedures.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-1 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-2 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. PART I: MOVING WITH CONTINUED ASSISTANCE
10-I.A. ALLOWABLE MOVES HUD lists five regulatory conditions and the statutory condition under VAWA in which an assisted family is allowed to move to a new unit with continued assistance. Permission to move is subject to the restrictions set forth in section 10-I.B. The family has a right to terminate the lease on notice to the owner (for the owner’s breach or otherwise) and has given a notice of termination to the owner in accordance with the lease [24 CFR 982.314(b)(3)]. If the family terminates the lease on notice to the owner, the family must give the PHA a copy of the notice at the same time [24 CFR 982.314(d)(1)]. The lease for the family’s unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.314(b)(1)(ii)]. CDA Policy If the family and the owner mutually agree to terminate the lease for the family’s unit, the family must give the CDA a copy of the termination agreement. The owner has given the family a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other process allowing the owner to evict the family [24 CFR 982.314(b)(2)]. The family must give the PHA a copy of any owner eviction notice [24 CFR 982.551(g)]. The family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the family or family member [24 CFR 982.354(b)(4)]. This condition applies even when the family has moved out of its unit in violation of the lease, with or without prior notification to the PHA, if the family or family member who is the victim reasonably believed that he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.354(b)(4), 24 CFR 982.353(b)]. The PHA must adopt an emergency transfer plan as required by regulations at 24 CFR 5.2007(e). CDA Policy If a family requests permission to move with continued assistance or for an external transfer to another covered housing program operated by the CDA based on a claim that the move is necessary to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, the CDA will request that the resident request the emergency transfer using form HUD-5383, and the CDA will request documentation in accordance with section 16-IX.D of this plan. The CDA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the family or family member will suffice. In such cases the CDA will document the waiver in the family’s file. The CDA may choose to provide a voucher to facilitate an emergency transfer of the victim without first terminating the assistance of the perpetrator. Before granting an emergency transfer, the CDA will ensure the victim is eligible to receive continued assistance based on the citizenship or immigration status of the victim.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-3 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. The CDA has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan and discuses external transfers to other covered housing programs. The PHA has terminated the assisted lease for the family’s unit for the owner’s breach [24 CFR 982.314(b)(1)(i)]. The PHA determines that the family’s current unit does not meet the HQS space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for the family, the PHA must terminate the HAP contract for the family’s old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)]
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-4 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. 10-I.B. RESTRICTIONS ON MOVES A family’s right to move is generally contingent upon the family’s compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may restrict moves by a family. Denial of Moves HUD regulations permit the PHA to deny a family permission to move under the following conditions: Insufficient Funding The PHA may deny a family permission to move if the PHA does not have sufficient funding for continued assistance [24 CFR 982.314(e)(1)]. However, Notice PIH 2008-43 significantly restricts the ability of PHAs to deny permission to move under portability due to insufficient funding. The requirements found in this notice are mandatory. For moves outside the CDA’s jurisdiction under portability, no policy decisions are required. CDA Policy The CDA will deny a family permission to move on grounds that the CDA does not have sufficient funding for continued assistance if (a) the move is initiated by the family, not the owner or the CDA; (b) the CDA can demonstrate that the move will, in fact, result in higher subsidy costs; and (c) the CDA can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs. Grounds for Denial or Termination of Assistance The PHA may deny a family permission to move if it has grounds for denying or terminating the family’s assistance [24 CFR 982.354(e)(2)]. PHA Policy If the CDA has grounds for denying or terminating a family’s assistance, the CDA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12, respectively. In general, it will not deny a family permission to move for this reason; however, it retains the discretion to do so under special circumstances.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-5 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Restrictions on Elective Moves [24 CFR 982.314(c)] HUD regulations permit the PHA to prohibit any elective move by a participant family during the family’s initial lease term. They also permit the PHA to prohibit more than one elective move by a participant family during any 12-month period. However, such prohibitions, if adopted, do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the family or family member. (For the policy on documentation of abuse, see section 10-I.A.) In addition, the PHA may not establish a policy permitting moves only at reexamination [Notice PIH 2016-09]. CDA Policy The CDA will deny a family permission to make an elective move during the family’s initial lease term. This policy applies to moves within the CDA’s jurisdiction or outside it under portability. The CDA will also deny a family permission to make more than one elective move during any 12-month period. This policy applies to all assisted families residing in the CDA’s jurisdiction. The CDA will consider exceptions to these policies for the following reasons: to protect the health or safety of a family member (e.g., lead-based paint hazards, domestic violence, witness-protection programs), to accommodate a change in family circumstances (e.g., new employment, school attendance in a distant area), or to address an emergency situation over which a family has no control. In addition, the CDA will allow exceptions to these policies for purposes of reasonable accommodation of a family member who is a person with disabilities (see Chapter 2).
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-6 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. 10-I.C. MOVING PROCESS Notification If a family wishes to move to a new unit, the family must notify the CDA and the owner before moving out of the old unit or terminating the lease on notice to the owner [24 CFR 982.314(d)(2)]. If the family wishes to move to a unit outside the CDA’s jurisdiction under portability, the notice to the CDA must specify the area where the family wishes to move [24 CFR 982.314(d)(2), Notice PIH 2008-43]. The notices must be in writing [24 CFR 982.5]. Approval CDA Policy Upon receipt of a family’s notification that it wishes to move, the CDA will determine whether the move is approvable in accordance with the regulations and policies set forth in sections 10-I.A and 10-I.B. The CDA will notify the family in writing of its determination within 10 business days following receipt of the family’s notification. Reexamination of Family Income and Composition CDA Policy For families approved to move to a new unit within the CDA’s jurisdiction, the CDA will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan. For families moving into or families approved to move out of the CDA’s jurisdiction under portability, the CDA will follow the policies set forth in Part II of this chapter. Voucher Issuance and Briefing CDA Policy For families approved to move to a new unit within the CDA’s jurisdiction, the CDA will issue a new voucher within 10 business days of the CDA’s written approval to move. No briefing is required for these families. The CDA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration. If a family does not locate a new unit within the term of the voucher and any extensions, the family may remain in its current unit with continued voucher assistance if the owner agrees and the CDA approves. Otherwise, the family will lose its assistance. For families moving into or families approved to move out of the CDA’s jurisdiction under portability, the CDA will follow the policies set forth in Part II of this chapter.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-7 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Housing Assistance Payments [24 CFR 982.311(d)] When a family moves out of an assisted unit, the PHA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit. If a participant family moves from an assisted unit with continued tenant-based assistance, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a duplicative housing subsidy.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-8 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. PART II: PORTABILITY
10-II.A. OVERVIEW Within the limitations of the regulations and this plan, a participant family or an applicant family that has been issued a voucher has the right to use tenant-based voucher assistance to lease a unit anywhere in the United States providing that the unit is located within the jurisdiction of a PHA administering a tenant-based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The first PHA is called the initial PHA. The second is called the receiving PHA. The receiving PHA has the option of administering the family’s voucher for the initial PHA or absorbing the family into its own program. Under the first option, the receiving PHA bills the initial PHA for the family’s housing assistance payments and the fees for administering the family’s voucher. Under the second option, the receiving PHA pays for the family’s assistance out of its own program funds, and the initial PHA has no further relationship with the family. The same PHA commonly acts as the initial PHA for some families and as the receiving PHA for others. Each role involves different responsibilities. The PHA will follow the rules and policies in section 10-II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in section 10-II.C when it is acting as the receiving PHA for a family.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-9 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. 10-II.B. INITIAL PHA ROLE Allowable Moves under Portability A family may move with voucher assistance only to an area where there is at least one PHA administering a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA may choose the receiving PHA [24 CFR 982.355(b)]. Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside the PHA’s jurisdiction under portability. The initial PHA, in accordance with HUD regulations and PHA policy, determines whether a family qualifies. Applicant Families Under HUD regulations, most applicant families qualify to lease a unit outside the PHA’s jurisdiction under portability. However, HUD gives the PHA discretion to deny a portability move by an applicant family for the same two reasons that it may deny any move by a participant family: insufficient funding and grounds for denial or termination of assistance. CDA Policy In determining whether or not to deny an applicant family permission to move under portability because the lacks sufficient funding or has grounds for denying assistance to the family, the initial PHA will follow the policies established in section 10-I.B of this chapter. In addition, a PHA may establish a policy denying the right to portability to nonresident applicants during the first 12 months after they are admitted to the program [24 CFR 982.353(c)]. CDA Policy If neither the head of household nor the spouse/co-head of an applicant family had a domicile (legal residence) in the CDA’s jurisdiction at the time the family’s application for assistance was submitted, the family must live in the CDA’s jurisdiction with voucher assistance for at least 12 months before requesting portability. The CDA will consider exceptions to this policy for purposes of reasonable accommodation (see Chapter 2) or reasons related to domestic violence, dating violence, sexual assault, or stalking. However, any exception to this policy is subject to the approval of the receiving PHA [24 CFR 982.353(c)(3)].
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-10 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Participant Families The initial PHA must not provide portable assistance for a participant if a family has moved out of its assisted unit in violation of the lease [24 CFR 982.353(b)]. The Violence against Women Act of 2013 (VAWA) creates an exception to this prohibition for families who are otherwise in compliance with program obligations but have moved to protect the health or safety of a family member who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.353(b)]. CDA Policy The CDA will determine whether a participant family may move out of the CDA’s jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in sections 10-I.A and 10-I.B of this chapter. The CDA will notify the family of its determination in accordance with the approval policy set forth in section 10- I.C of this chapter. Determining Income Eligibility Applicant Families An applicant family may lease a unit in a particular area under portability only if the family is income eligible for admission to the voucher program in that area [24 CFR 982.353(d)(3)]. The family must specify the area to which the family wishes to move [Notice 2008-43]. The initial PHA is responsible for determining whether the family is income eligible in the area to which the family wishes to move [24 CFR 982.355(c)(1)]. If the applicant family is not income eligible in that area, the PHA must inform the family that it may not move there and receive voucher assistance [Notice PIH 2008-43]. Participant Families The income eligibility of a participant family is not redetermined if the family moves to a new jurisdiction under portability [24 CFR 982.353(d)(2), 24 CFR 982.355(c)(1)]. Reexamination of Family Income and Composition No new reexamination of family income and composition is required for an applicant family. CDA Policy For a participant family approved to move out of its jurisdiction under portability, the CDA generally will conduct a reexamination of family income and composition only if the family’s annual reexamination must be completed on or before the initial billing deadline specified on form HUD-52665, Family Portability Information. The CDA will make any exceptions to this policy necessary to remain in compliance with HUD regulations.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-11 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Briefing The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide information on portability to all applicant families that qualify to lease a unit outside the PHA’s jurisdiction under the portability procedures. Therefore, no special briefing is required for these families. CDA Policy No formal briefing will be required for a participant family wishing to move outside the PHA’s jurisdiction under portability. However, the CDA will provide the family with the same oral and written explanation of portability that it provides to applicant families selected for admission to the program (see Chapter 5). The CDA will provide the name, address, and phone of the contact for the PHA in the jurisdiction to which they wish to move. The CDA will advise the family that they will be under the CDA’s policies and procedures, including subsidy standards and voucher extension policies. Voucher Issuance and Term An applicant family has no right to portability until after the family has been issued a voucher [24 CFR 982.353(b)]. In issuing vouchers to applicant families, the PHA will follow the regulations and procedures set forth in Chapter 5. A new voucher is not required for portability purposes. CDA Policy For families approved to move under portability, the CDA will issue a new voucher within 10 business days of the CDA’s written approval to move. The initial term of the voucher will be 60 days. Voucher Extensions and Expiration CDA Policy The CDA will approve no extensions to a voucher issued to an applicant or participant family porting out of the CDA’s jurisdiction except under the following circumstances: (a) the initial term of the voucher will expire before the portable family will be issued a voucher by the receiving PHA, (b) the family decides to return to the initial PHA’s jurisdiction and search for a unit there, or (c) the family decides to search for a unit in a third PHA’s jurisdiction. In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E, of this plan will apply, including the requirement that the family apply for an extension in writing prior to the expiration of the initial voucher term. To receive or continue receiving assistance under the initial PHA’s voucher program, a family that moves to another PHA’s jurisdiction under portability must be under HAP contract in the receiving PHA’s jurisdiction within 60 days following the expiration date of the initial PHA’s voucher term (including any extensions). (See below under “Initial Billing Deadline” for one exception to this policy.)
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-12 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Initial Contact with the Receiving PHA After approving a family’s request to move under portability, the initial PHA must promptly notify the receiving PHA to expect the family [24 CFR 982.355(c)(2)]. This means that the initial PHA must contact the receiving PHA directly on the family’s behalf [Notice PIH 2008- 43]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(2)]. CDA Policy Because the portability process is time-sensitive, the CDA will notify the receiving PHA by phone, fax, or e-mail to expect the family. The initial PHA will also ask the receiving PHA to provide any information the family may need upon arrival, including the name, fax, e-mail and telephone number of the staff person responsible for business with incoming portable families and procedures related to appointments for voucher issuance. The PHA will pass this information along to the family. The CDA will also ask for the name, address, telephone number, fax and e-mail of the person responsible for processing the billing information. Sending Documentation to the Receiving PHA The initial PHA is required to send the receiving PHA the following documents: Form HUD-52665, Family Portability Information, with Part I filled out [Notice PIH 2008-43] A copy of the family’s voucher [Notice PIH 2008-43] A copy of the family’s most recent form HUD-50058, Family Report, or, if necessary in the case of an applicant family, family and income information in a format similar to that of form HUD-50058 [24 CFR 982.355(c)(4), Notice PIH 2008-43] Copies of the income verifications backing up the form HUD-50058, including a copy of the family’s current EIV data [24 CFR 982.355(c)(4), Notice PIH 2008-43] CDA Policy In addition to these documents, the CDA will provide the following information, if available, to the receiving PHA: Social security numbers (SSNs) Documentation of SSNs for all nonexempt household members whose SSNs have not been verified through the EIV system Documentation of legal identity Documentation of citizenship or eligible immigration status Documentation of participation in the earned income disallowance (EID) benefit Documentation of participation in a family self-sufficiency (FSS) program
The CDA will notify the family in writing regarding any information provided to the receiving PHA [HCV GB, p. 13-3].
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-13 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Initial Billing Deadline [Notice PIH 2008-43] When the initial PHA sends form HUD-52665 to the receiving PHA, it specifies in Part I the deadline by which it must receive the initial billing notice from the receiving PHA. This deadline is 60 days following the expiration date of the voucher issued to the family by the initial PHA. If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late billing submission, it must contact the receiving PHA to determine the status of the family. If the receiving PHA reports that the family is not yet under HAP contract, the initial PHA may refuse to accept a late billing submission. If the receiving PHA reports that the family is under HAP contract and the receiving PHA cannot absorb the family, the initial PHA must accept a late billing submission; however, it may report to HUD the receiving PHA’s failure to comply with the deadline. CDA Policy If the CDA has not received an initial billing notice from the receiving PHA by the deadline specified on form HUD-52665, it will contact the receiving PHA by phone, fax, or e-mail on the next business day. If the PHA reports that the family is not yet under HAP contract, the CDA will inform the receiving PHA that it will not honor a late billing submission and will return any subsequent billings that it receives on behalf of the family. The CDA will send the receiving PHA a written confirmation of its decision by mail. The CDA will allow an exception to this policy if the family includes a person with disabilities and the late billing is a result of a reasonable accommodation granted to the family by the receiving PHA. Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 2008-43] If the receiving PHA is administering the family’s voucher, the initial PHA is responsible for making billing payments in a timely manner. The first billing amount is due within 30 calendar days after the initial PHA receives Part II of form HUD-52665 from the receiving PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day of each month. The payments must be provided in a form and manner that the receiving PHA is able and willing to accept. The initial PHA may not terminate or delay making payments under existing portability billing arrangements as a result of over-leasing or funding shortfalls. The PHA must manage its tenant- based program in a manner that ensures that it has the financial ability to provide assistance for families that move out of its jurisdiction under portability and are not absorbed by receiving PHAs as well as for families that remain within its jurisdiction. CDA Policy The initial PHA will utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-14 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Annual Updates of Form HUD-50058 If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD-50058 each year from the receiving PHA. If the initial PHA fails to receive an updated 50058 by the family’s annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family. Denial or Termination of Assistance [24 CFR 982.355(c)(9)] If the initial PHA has grounds for denying or terminating assistance for a portable family that has not been absorbed by the receiving PHA, the initial PHA may act on those grounds at any time. (For PHA policies on denial and termination, see Chapters 3 and 12, respectively.)
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-15 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. 10-II.C. RECEIVING PHA ROLE If a family has a right to lease a unit in the receiving PHA’s jurisdiction under portability, the receiving PHA must provide assistance for the family [24 CFR 982.355(10)]. The receiving PHA’s procedures and preferences for selection among eligible applicants do not apply, and the receiving PHA’s waiting list is not used [24 CFR 982.355(10)]. However, the family’s unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(7)], and the amount of the family’s housing assistance payment is determined in the same manner as for other families in the receiving PHA’s voucher program [24 CFR 982.355(e)(2)]. Initial Contact with Family When a family moves into the PHA’s jurisdiction under portability, the family is responsible for promptly contacting the PHA and complying with the PHA’s procedures for incoming portable families [24 CFR 982.355(c)(3)]. If the voucher issued to the family by the initial PHA has expired, the receiving PHA does not process the family’s paperwork but instead refers the family back to the initial PHA [Notice PIH 2008-43]. When a portable family requests assistance from the receiving PHA, the receiving PHA must promptly inform the initial PHA whether the receiving PHA will bill the initial PHA for assistance on behalf of the portable family or will absorb the family into its own program [24 CFR 982.355(c)(5)]. If the PHA initially bills the initial PHA for the family’s assistance, it may later decide to absorb the family into its own program [Notice PIH 2008-43]. (See later under “Absorbing a Portable Family” for more on this topic.) CDA Policy Within 10 business days after a portable family requests assistance, the receiving PHA will notify the initial PHA whether it intends to bill the receiving PHA on behalf of the portable family or absorb the family into its own program. If for any reason the receiving PHA refuses to process or provide assistance to a family under the portability procedures, the family must be given the opportunity for an informal review or hearing [Notice PIH 2008-43]. (For more on this topic, see later under “Denial or Termination of Assistance.”)
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-16 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Briefing HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family’s search [Notice PIH 2008-43]. CDA Policy The CDA will not require the family to attend a briefing. The CDA will provide the family with a briefing packet (as described in Chapter 5) and, in an individual briefing, will orally inform the family about the CDA’s payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, and the leasing process. The CDA will suggest that the family attend a full briefing at a later date. Income Eligibility and Reexamination HUD allows the receiving PHA to conduct its own income reexamination of a portable family [24 CFR 982.355(c)(4)]. However, the receiving PHA may not delay voucher issuance or unit approval until the reexamination process is complete unless the reexamination is necessary to determine that an applicant family is income eligible for admission to the program in the area where the family wishes to lease a unit [Notice PIH 2008-43, 24 CFR 982.201(b)(4)]. The receiving PHA does not redetermine income eligibility for a portable family that was already receiving assistance in the initial PHA’s voucher program [24 CFR 982.355(c)(1)]. CDA Policy For any family moving into its jurisdiction under portability, the CDA will conduct a new reexamination of family income and composition. However, the CDA will not delay issuing the family a voucher for this reason. Nor will the CDA delay approving a unit for the family until the reexamination process is complete unless the family is an applicant and the CDA cannot otherwise confirm that the family is income eligible for admission to the program in the area where the unit is located. In conducting its own reexamination, the CDA will rely upon any verifications provided by the initial PHA to the extent that they (a) accurately reflect the family’s current circumstances and (b) were obtained within the last 120 days. Any new information may be verified by documents provided by the family and adjusted, if necessary, when third party verification is received.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-17 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Voucher Issuance When a family moves into its jurisdiction under portability, the receiving PHA is required to issue the family a voucher [24 CFR 982.355(b)(6)]. The family must submit a request for tenancy approval to the receiving PHA during the term of the receiving PHA’s voucher [24 CFR 982.355(c)(6)]. Timing of Voucher Issuance HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family’s paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA’s procedures [Notice PIH 2008-43]. CDA Policy When a family ports into its jurisdiction, the CDA will issue the family a voucher based on the paperwork provided by the initial PHA unless the family’s paperwork from the initial PHA is incomplete, the family’s voucher from the initial PHA has expired or the family does not comply with the CDA’s procedures. The CDA will update the family’s information when verification has been completed. Voucher Term The term of the receiving PHA’s voucher may not expire before the term of the initial PHA’s voucher [24 CFR 982.355(c)(6)]. CDA Policy The receiving PHA’s voucher will expire on the same date as the initial PHA’s voucher. Voucher Extensions [24 CFR 982.355(c)(6), Notice 2008-43] The receiving PHA may provide additional search time to the family beyond the expiration date of the initial PHA’s voucher; however, if it does so, it must inform the initial PHA of the extension. It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA. CDA Policy The CDA generally will not extend the term of the voucher that it issues to an incoming portable family unless the CDA plans to absorb the family into its own program, in which case it will follow the policies on voucher extension set forth in section 5-II.E. The CDA will consider an exception to this policy as a reasonable accommodation to a person with disabilities (see Chapter 2).
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-18 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Notifying the Initial PHA The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA’s voucher [24 CFR 982.355(c)(8)]. The receiving PHA is required to use Part II of form HUD-52665, Family Portability Information, for this purpose [24 CFR 982.355(e)(5), Notice PIH 2008-43]. (For more on this topic and the deadline for notification, see below under “Administering a Portable Family’s Voucher.”) If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but instead wishes to return to the initial PHA’s jurisdiction or to search in another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is once again the voucher originally issued by the initial PHA. Any extension of search time provided by the receiving PHA’s voucher is only valid for the family’s search in the receiving PHA’s jurisdiction [Notice PIH 2008-43]. Administering a Portable Family’s Voucher Initial Billing Deadline If a portable family’s search for a unit is successful and the receiving PHA intends to administer the family’s voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD-52665) (a) no later than 10 business days following the date the receiving PHA executes a HAP contract on behalf of the family and (b) in time that the notice will be received no later than 60 days following the expiration date of the family’s voucher issued by the initial PHA [Notice PIH 2008-43]. A copy of the family’s form HUD-50058, Family Report, completed by the receiving PHA must be attached to the initial billing notice. The receiving PHA may send these documents by mail, fax, or e-mail. CDA Policy The CDA will send its initial billing notice by fax or e-mail, if necessary, to meet the billing deadline but will also send the notice by regular mail. If the receiving PHA fails to send the initial billing within 10 business days following the date the HAP contract is executed, it is required to absorb the family into its own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the initial PHA to honor the late submission (e.g., because the receiving PHA is over-leased) [Notice PIH 2008- 43].
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-19 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Ongoing Notification Responsibilities [Notice PIH 2008-43, HUD-52665] Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family’s updated form HUD-50058 after each annual reexamination for the duration of time the receiving PHA is billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing amount. CDA Policy The CDA will send a copy of the updated HUD-50058 by regular mail at the same time the CDA and owner are notified of the reexamination results. Change in Billing Amount. The receiving PHA is required to notify the initial PHA, using form HUD-52665, of any change in the billing amount for the family as a result of: A change in the HAP amount (because of a reexamination, a change in the applicable payment standard, a move to another unit, etc.) An abatement or subsequent resumption of the HAP payments Termination of the HAP contract Payment of a damage/vacancy loss claim for the family Termination of the family from the program The timing of the notice of the change in the billing amount should correspond with the notification to the owner and the family in order to provide the initial PHA with advance notice of the change. Under no circumstances should the notification be later than 10 business days following the effective date of the change in the billing amount. If the receiving PHA fails to send Form HUD-52665 within 10 days of effective date of billing changes, the initial PHA is not responsible for any increase prior to notification. Late Payments [Notice PIH 2008-43] If the initial PHA fails to make a monthly payment for a portable family by the fifth business day of the month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must identify the family, the amount of the billing payment, the date the billing payment was due, and the date the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If the initial PHA fails to correct the problem by the second month following the notification, the receiving PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence between the PHAs on the matter must be attached. The receiving PHA must send a copy of the memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on behalf of the family ceases with the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-20 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Overpayments [Notice PIH 2008-43] In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effect, the receiving PHA is responsible for returning the full amount of the overpayment (including the portion provided for administrative fees) to the initial PHA. In the event that HUD determines billing payments have continued for at least three months because the receiving PHA failed to notify the initial PHA that the billing arrangement was terminated, the receiving PHA must take the following steps: Return the full amount of the overpayment, including the portion provided for administrative fees, to the initial PHA. Once full payment has been returned, notify the Office of Public Housing in the HUD area office with jurisdiction over the receiving PHA of the date and the amount of reimbursement to the initial PHA. At HUD’s discretion, the receiving PHA will be subject to the sanctions spelled out in Notice PIH 2008-43. Denial or Termination of Assistance At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable family for family action or inaction [24 CFR 982.355(c)(9), 24 CFR 982.355(c)(10)]. In the case of a termination, the PHA should provide adequate notice of the effective date to the initial PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial PHA later than 10 business days following the effective date of the termination of the billing arrangement [Notice PIH 2008-43]. CDA Policy If the CDA elects to deny or terminate assistance for a portable family, the CDA will notify the initial PHA within 10 business days after the informal review or hearing if the denial or termination is upheld. The CDA will base its denial or termination decision on the policies set forth in Chapter 3 or Chapter 12, respectively. The informal review or hearing will be held in accordance with the policies in Chapter 16. The receiving PHA will furnish the initial PHA with a copy of the review or hearing decision.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-21 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. Absorbing a Portable Family The receiving PHA may absorb an incoming portable family into its own program when the PHA executes a HAP contract on behalf of the family or at any time thereafter providing that (a) the PHA has funding available under its annual contributions contract (ACC) and (b) absorbing the family will not result in over-leasing [24 CFR 982.355(d)(1), Notice PIH 2008-43]. If the receiving PHA absorbs a family from the point of admission, the admission will be counted against the income targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)]. If the receiving PHA absorbs a family after providing assistance for the family under a billing arrangement with the initial PHA, HUD encourages the receiving PHA to provide adequate advance notice to the initial PHA to avoid having to return an overpayment. The receiving PHA must specify the effective date of the absorption of the family [Notice PIH 2008-43]. CDA Policy If the CDA decides to absorb a portable family upon the execution of a HAP contract on behalf of the family, the CDA will notify the initial PHA by the initial billing deadline specified on form HUD-52665. The effective date of the HAP contract will be the effective date of the absorption. If the CDA decides to absorb a family after that, it will provide the initial PHA with 30 days’ advance notice. Following the absorption of an incoming portable family, the family is assisted with funds available under the consolidated ACC for the receiving PHA’s voucher program [24 CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent moves by the family under portability.
© Copyright 2010 Nan McKay & Associates, Inc. Page 10-22 CDA Administrative Plan 6/08/2017 Unlimited copies may be made for internal use. NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development THE VIOLENCE AGAINST WOMEN ACT OMB Approval No. 2577-0286 Expires 06/30/2017
The Community Development Authority (CDA) of the City of Madison1
Notice of Occupancy Rights under the Violence Against Women Act2
To all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.3 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that Public Housing, Multifamily Housing, and Section 8 assistance is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA.”
Protections for Applicants If you otherwise qualify for assistance under Public Housing, Multifamily Housing, or Section 8 assistance, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.
Protections for Tenants If you are receiving assistance under Public Housing, Multifamily Housing, or Section 8 assistance, you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under Public Housing, Multifamily Housing, or Section 8 assistance solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking.
1 The notice uses HP for housing provider but the housing provider should insert its name where HP is used. HUD’s program-specific regulations identify the individual or entity responsible for providing the notice of occupancy rights. 2 Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation. 3 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. Form HUD-5380 (06/2017) 2
Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household The CDA may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. If the CDA chooses to remove the abuser or perpetrator, the CDA may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, The CDA must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. In removing the abuser or perpetrator from the household, the CDA must follow Federal, State, and local eviction procedures. In order to divide a lease, the CDA may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking.
Moving to Another Unit Upon your request, the CDA may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, the CDA may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a
Form HUD-5380 (06/2017) 3
reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you expressly request the transfer. The CDA will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. The CDA’s emergency transfer plan provides further information on emergency transfers, and the CDA must make a copy of its emergency transfer plan available to you if you ask to see it.
Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking The CDA can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from the CDA must be in writing, and the CDA must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. The CDA may, but does not have to, extend the deadline for the submission of documentation upon your request. You can provide one of the following to the CDA as documentation. It is your choice which of the following to submit if the CDA asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. A complete HUD-approved certification form given to you by the CDA with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. Form HUD-5380 (06/2017) 4
A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, “professional”) from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. Any other statement or evidence that the CDA has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, the CDA does not have to provide you with the protections contained in this notice. If the CDA receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), the CDA has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, the CDA does not have to provide you with the protections contained in this notice.
Confidentiality The CDA must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. The CDA must not allow any individual administering assistance or other services on behalf of the CDA (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. The CDA must not enter your information into any shared database or disclose your information to any other entity or individual. The CDA, however, may disclose the information provided if: You give written permission to the CDA to release the information on a time limited basis. The CDA needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. A law requires the CDA or your landlord to release the information. VAWA does not limit the CDA’s duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up.
Form HUD-5380 (06/2017) 5
Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, the CDA cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if the CDA can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If the CDA can demonstrate the above, the CDA should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat.
Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws.
Non-Compliance with The Requirements of This Notice You may report a covered housing provider’s violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with:
Department of Housing and Urban Development Milwaukee Field Office 310 West Wisconsin Avenue, Suite 950 Milwaukee, WI 53203-2289
Form HUD-5380 (06/2017) 6
For Additional Information You may view a copy of HUD’s final VAWA rule at www.gpo.gov . See Violence Against Women Act (VAWA) final rule. Additionally, the CDA must make a copy of HUD’s VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact Lisa Daniels, CDA Programs Analyst, at (608) 267-8709. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact Domestic Abuse Intervention Services of Dane County at 1-800-747-4045. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. For help regarding sexual assault, you may contact the Madison Rape Crisis Center at (608) 251-7273 Victims of stalking seeking help may contact the Dane County District Attorney’s Office (608) 266-4211. To report a crime of domestic violence, dating violence, sexual assault, or stalking, contact the Madison Police Department by dialing 911
Attachment: Certification form HUD-5382
Form HUD-5380 (06/2017) CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, “professional”) from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.
Form HUD-5382 (06/2017) 2
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
1. Date the written request is received by victim: ______
2. Name of victim: ______
3. Your name (if different from victim’s):______
4. Name(s) of other family member(s) listed on the lease:______
______
5. Residence of victim: ______
6. Name of the accused perpetrator (if known and can be safely disclosed):______
______
7. Relationship of the accused perpetrator to the victim:______
8. Date(s) and times(s) of incident(s) (if known):______
10. Location of incident(s):______
In your own words, briefly describe the incident(s): ______
______
______This______is to certify that the information provided on______this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating______violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize______program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. ______Signature______Signed on (Date) ______
Public______Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number.
Form HUD-5382 (06/2017) EMERGENCY TRANSFER U.S. Department of Housing OMB Approval No. 2577-0286 REQUEST FOR CERTAIN and Urban Development Exp. 06/30/2017 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider’s emergency transfer plan for more information about the availability of emergency transfers. The requirements you must meet are:
(1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or any one of the other types of documentation listed on that Form.
(2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form, or may accept another written or oral request. Please see your housing provider’s emergency transfer plan for more details.
(3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future.
OR
You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you submit this form or otherwise expressly request the transfer.
Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts.
Form HUD-5383 (06/2017)
2
Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER
1. Name of victim requesting an emergency transfer: ______
2. Your name (if different from victim’s)______
3. Name(s) of other family member(s) listed on the lease:______
______
4. Name(s) of other family member(s) who would transfer with the victim:______
______
5. Address of location from which the victim seeks to transfer: ______
6. Address or phone number for contacting the victim:______
7. Name of the accused perpetrator (if known and can be safely disclosed):______
8. Relationship of the accused perpetrator to the victim:______
9. Date(s), Time(s) and location(s) of incident(s):______
______
10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes, skip question 11. If no, fill out question 11. ______
11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit. ______
______
12. If voluntarily provided, list any third-party documentation you are providing along with this notice: ______This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item 1 meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.
Signature ______Signed on (Date) ______Form HUD-5383 (06/2017) CommunityDevelopmentAuthority
30 W. Mifflin Street, Suite 501 Madison, Wisconsin 53703 ph (608)266.4675 fx (608)264.9291 email [email protected] mail P.O. Box 1785, Madison, WI 53701-1785
October 22, 2017
To CDA Residents:
A federal law was reauthorized on March 7, 2013 and provided new housing protections for individuals who are victims of domestic violence, dating violence, sexual assault, or stalking. The name of the law is the Violence Against Women Act, or “VAWA.”
Among other things, VAWA provides protections to victims of violence who receive publicly assisted housing benefits. Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation.
Public Housing Authorities are required to provide notice of VAWA rights to its housing program participants. The attached HUD notice is being provided to you because you are a resident of a CDA housing program covered under VAWA. This notice further explains your rights under VAWA.
Sincerely,
Lisa Daniels CDA Housing Analyst
Encl.
CommunityDevelopmentAuthority
30 W. Mifflin Street Suite 501 Madison, Wisconsin 53703 ph (608)266.4675 tdd (608)264.9290 fx (608)264.9291 email [email protected] mail P.O. Box 1785, Madison, WI 53701-1785
NOVEMBER 2017
To CDA Section Housing Providers:
A federal law was reauthorized on March 7, 2013 and provided new housing protections for individuals who are victims of domestic violence, dating violence, sexual assault, or stalking. The name of the law is the Violence Against Women Act, or “VAWA.”
Among other things, VAWA provides protections to victims of violence who receive publicly assisted housing benefits. Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation.
Public Housing Authorities are required to provide notice of VAWA rights to its housing program participants. The attached HUD notice is being provided to you because you are a resident of a CDA housing program covered under VAWA. This notice further explains your rights under VAWA.
Sincerely,
Suzanne Stapleton Marketing Outreach Coordinator City of Madison, Section 8 Program 30 W. Mifflin Street, Suite 501 Madison, WI 53703 Phone: (608) 267-8701 Fax: (608) 264-9291 E-mail: [email protected]
Encl. COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON, WISCONSIN ______Presented: April 12, 2018 Referred to Resolution No. 4262 Reported Back Adopted: April 12, 2018 Approving revisions to the CDA Public Placed on File Housing Lease, Lease Addendum, and Moved By: Daniel G. Guerra House Rules Seconded by: Sariah Daine Yeas: 5 Nays: 0 Absent: 1 Rules Legistar File No. 51063 ______
RESOLUTION
Whereas, the Community Development Authority (CDA) must ensure that its Public Housing lease is compliant with the latest rules and regulations issued by the Department of Housing and Urban Development (HUD), as well as state and local law;
Whereas, the CDA engaged in a process to seek resident comments on the proposed changes to the Lease, Lease Addendum, and House Rules; and
Whereas, the CDA also collected comments from the Resident Advisory Board (RAB) on the proposed changes to the Lease, Lease Addendum, and House Rules, and the CDA implemented suggested changes from the RAB;
NOW, THEREFORE, BE IT RESOLVED that the CDA Board of Commissioners approves the proposed CDA Public Housing Lease, Lease Addendum, and House Rules.
Page 1 of 1 CommunityDevelopmentAuthority 30 W. Mifflin Street, Suite 501 Madison, Wisconsin 53703 ph (608)266.4675 fx (608)264.9291 email [email protected] mail P.O. Box 1785, Madison, WI 53701-1785
City of Madison Inter-Departmental Correspondence
DATE: April 12, 2018
TO: CDA Board of Commissioners
FROM: Lisa Daniels, Housing Operations Analyst
SUBJECT: Approval of Public Housing Lease Documents
Attached are the proposed changes to the Public Housing Lease, Lease Addendum, and House Rules. The revisions were developed by the Assistant City Attorney with input by the CDA Site Managers. A summary of the changes are as follows: Tenant must sign a release of information (24 CFR 5.230 and 960.259) Specifies “sexual assualt” as a crime covered by VAWA (24 CFR 5.2003) Emergency transfer under VAWA, including eligibility, documentation, confidentiality (24 CFR 5.2005) Notices of eviction will be given to the tenant pursuant to the methods described in Wis.Stat.704.21(1) Non-Standard Rental Provisions for CDA Residents (Repayment Agreement, Carbon Monoxide Detectors, Smoke Alarms, No-Smoking Policy, Notice of Domestic Abuse Protections, and Disposition of Personal Property)
Notice was mailed to all CDA Public Housing residents regarding the proposed changes. The lease documents, with revisions, were made available for review on the CDA’s website at: www.cityofmadison.com.housing, and for review at each CDA Office. Residents were provided 30 days to submit written comments. One resident comment was received as follows: “I have read the latest Rules and Regulations. And I do agree with all of them!”
The lease documents were also reviewed by the CDA Resident Advisory Board (RAB). Attached are the minutes of the February 28, 2018 RAB meeting. The CDA implemented RAB comments regarding consistency in language between each CDA Site’s House Rules. The most recent draft of the House Rules is also attached. Client # Unit # Unit Size:
COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON, WISCONSIN
LOW RENT PUBLIC HOUSING DWELLING LEASE
1. IDENTIFICATION OF THE PARTIES AND PREMISES
A. The Community Development Authority (CDA), leases to Tenant) the premises located at: Madison, Wisconsin 537 .
B. The premises are for the exclusive use and occupancy of Tenant, must be Tenant's principal residence, and are to be occupied only by Tenant and the following named household members:
(and no others)
C. Tenant agrees that no other person has permission to live in the premises without written approval from CDA, and that stays by overnight guests are limited by Section 7.C. of this lease. Additions to the family through birth, adoption, or court-awarded custody of a child do not require CDA approval; however, Tenant is required to notify CDA within ten (10) business days of the birth, adoption, or custody award.
D. All adult household members shall sign the lease agreement. This includes adult children. Within thirty (30) calendar days of a household member’s eighteenth birthday, he or she shall sign on to the existing lease. Failure to sign within thirty (30) days, unless a written extension is granted by CDA, shall constitute violation of the lease and is grounds for CDA to terminate the lease.
2. TERM AND RENEWAL
The initial term of this lease shall be one (1) year beginning on and ending on . After the initial term ends, this lease shall be automatically renewed for a one (1) year period, subject to Section 13., Termination of Lease.
3. RENT PAYMENTS
A. Amount and Due Date of Partial Rental Payment at Initial Occupancy:
If the first day of occupancy is other than the first day of the month, Tenant shall pay rent of $ in advance of the first day of occupancy.
B. Amount and Due Date of Rental Payments:
Tenant shall pay $ rent on or before the first day of each month beginning . This rent shall remain the same unless adjusted in accordance with the provisions of Section 9.
C. Tenant shall mail rent to Community Development Authority, P.O. Box 2093, Madison, Wisconsin 53701-2093, pay in person at the City Treasurer’s office, or pay online at www.madisonpay.com. Any payments by cash must be made to the City Treasurer's Office, Room 107, City-County Building, Madison, Wisconsin.
D. A $25 late payment charge to cover administrative expenses shall be due for rent payments not received by CDA by the fifth (5th) day of the month. Such late payment charges are due and payable fourteen (14) calendar days after the billing date. CDA shall inform Tenant of the charge and billing date in writing.
4. SECURITY DEPOSIT
1
A. Tenant shall pay a security deposit of $ by money order or certified check on or before taking possession of the premises. If Tenant cannot pay the full amount before taking possession of the premises, Tenant and CDA may enter into a payment arrangement for the remaining amount. Failure to comply with the terms of the payment arrangement is a serious violation of this lease and is grounds for CDA to terminate the lease.
B. Tenant shall leave the premises in as clean of a condition as when tenancy commenced, excepting ordinary wear and tear, and shall return all keys and access cards to the appropriate Management Office upon vacating. CDA shall refund the security deposit to Tenant after Tenant vacates, less any unpaid rent, and less the cost of repairing any damage, waste or neglect of the premises for which Tenant is legally responsible. In addition to the standard security deposit deductions allowable under Wis. Stats. Sec. 704.28, CDA may deduct from the security deposit as provided in the attached Nonstandard Rental Provisions which are incorporated into this lease.
C. Within twenty one (21) calendar days after the termination of the tenancy or restoration of premises to CDA, whichever is later, CDA shall return either:
(1) The full security deposit; or
(2) A written itemized statement showing the specific reason or reasons for the withholding of the deposit or any portion of the deposit, applicable receipts and estimates including the necessary hours and the wage rates for the work done or to be done.
D. Return of the security deposit or portion thereof will be made in person or by mail. If a forwarding address is not provided to CDA, mail will be sent to Tenant's last known address. CDA shall not be held responsible for the inability of the Post Office to complete delivery of a first class letter.
E. The security deposit shall not be used to pay rent or other charges while Tenant is in occupancy.
5. UTILITIES
A. The parties to this lease agree to furnish utilities as follows:
CDA WILL FURNISH TENANT WILL FURNISH
Water & Sewer ____ Heat & Hot Water ____ Electricity ______Air Conditioning ______
B. Tenant agrees to pay utility deposits as may be required by the utility company to retain or maintain service. If Tenant is responsible for paying utilities, Tenant shall have the utility account and billing records in his or her name, unless a different arrangement has been agreed to with CDA in writing.
C. If Tenant is responsible for paying utilities, Tenant's rent in Section 3. reflects a reduction according to the current Schedule of Utility Allowances posted in the Management Office.
D. If CDA furnishes utilities, Tenant will be charged a fee for increased utility consumption due to additional Tenant-owned appliances such as freezers, refrigerators or air conditioners. Tenant- owned property including, but not limited to, refrigerators, air conditioners, chest freezers, fire extinguishers, and fans are not the property of CDA and will not be maintained or serviced by CDA.
E. Tenant agrees not to waste or use an excessive amount of CDA-provided utilities.
F. CDA is not responsible for failure to furnish utilities by reason or cause beyond its control.
G. Tenant must furnish sufficient heat to the dwelling unit to prevent freezing of pipe water. If for any reason Tenant is unable to maintain sufficient heat, Tenant shall immediately notify CDA. Tenant agrees to pay for any damages caused by Tenant’s failure to maintain sufficient heat.
H. Termination of utility service due to nonpayment by Tenant is a serious violation of this lease and is grounds for CDA to terminate the lease. 2
I. Tenant agrees to sign a release of information so that CDA may obtain information from the utility company including, but not limited to information relating to utility usage or consumption, and account billing or payment information.
6. CDA RESPONSIBILITIES. CDA agrees:
A. To maintain in good and safe working order and condition: all electrical, plumbing, heating, ventilating, sanitary, and other facilities and appliances, including elevators, supplied or required to be supplied by CDA to Tenant.
B. To maintain Tenant’s dwelling unit and building facilities and common areas (not otherwise assigned to Tenant for maintenance and upkeep,) in a decent, safe, and sanitary condition.
C. To comply with requirements of applicable building, health, fire and housing codes, and HUD regulations materially affecting health, safety and property.
D. To provide maintenance, replacement, and repair for normal wear and tear to Tenant’s premises free of charge. To post in the Management Office a current list of average charges for typical services, repairs and replacements where damage is more than normal wear and tear. Labor charges are higher for work performed on evenings, holidays and weekends.
E.. To post in the Management Office copies of all rules, regulations, schedules and other documents referenced in this lease, and to make these available to Tenant.
F. In the event that the dwelling unit is damaged to the extent that conditions are created that are hazardous to the life, health, or safety of the occupants: (1) Tenant shall immediately notify CDA management of the damage; (2) CDA shall be responsible for repair of the unit within a reasonable time: provided, that if the damage was caused by Tenant, Tenant's household, guests, or other persons under Tenant’s control, the reasonable cost of the repairs will be charged to Tenant; (3) If repair cannot be completed in a reasonable time, CDA will offer temporary alternative accommodations; (4) If CDA does not repair or offer alternative accommodations as required above, and it was within CDA's ability to correct the defect or obtain the correction thereof, then Tenant's rent will abate during the entire period of the existence of such defect while residing in the unrepaired dwelling; however, (5) Rent will not abate if Tenant failed to promptly report the defect to CDA, if Tenant rejects reasonable alternative temporary accommodations, or if the damage was caused by Tenant, Tenant’s household, Tenant's guests, or other persons under Tenant’s control.
G. To provide and maintain adequate containers and facilities for ashes, garbage, trash, recyclables and other waste removed from the premises by Tenant, except containers for the exclusive use of an individual Tenant family.
H. When provided or controlled by CDA, to supply running water and reasonable amounts of hot water and heat at appropriate times of the year.
I. To inspect the premises with Tenant or Tenant's representative within seven (7) calendar days of move-in and to give Tenant a copy of a written statement signed by both CDA and Tenant describing the condition of the premises, its equipment and appliances.
J. To inspect the premises when Tenant moves out, and to give Tenant a written statement of charges, if any, for repairs. Tenant may be present during this inspection.
K. To allow Tenant to inspect Tenant's file with reasonable advance notice.
L. To notify Tenant of the specific grounds for CDA adverse actions including, but not limited to: a proposed lease termination, transfer to another unit, and imposition of charges for increased consumption of utilities or maintenance and repair beyond normal wear and tear.
M. To consider lease bifurcation, as provided in 24 CFR 5.2009, in circumstances involving domestic violence, dating violence, sexual assault, or stalking addressed in 24 CFR part 5, subpart L.
3
7. TENANT RESPONSIBILITIES. Tenant agrees:
A. Not to assign or sublease the dwelling unit. Not to take in boarders or lodgers. To use the premises solely as a private dwelling for Tenant and Tenant's household members as identified in Section 1.B. and not to use or permit its use for any other purpose.
B The entire household is not allowed to be absent from the unit for more than ninety (90) consecutive days. If the entire household will be absent from the unit for more than thirty (30) consecutive days, Tenant shall notify CDA in writing.
C. Tenant's guests are not allowed to reside in the premises for more than seven (7) consecutive days or a total of fourteen (14) cumulative calendar days during any 12 month period unless Tenant has received prior written permission from CDA. "Guest" means a person temporarily staying in the leased unit with consent of a household member. No one other than Tenant and Tenant’s household members as identified in Section 1.B. can use the Tenant’s mailing address. With prior written consent of CDA, foster children or a live-in aide for a member of the household may reside in the premises.
D. To abide by necessary and reasonable regulations promulgated by CDA for the benefit and well- being of the housing project and the tenants which shall be posted in the project office and are hereby incorporated by reference in the lease, such as the House Rules.
E. To act and cause household members or guests to act in a manner which will not disturb other residents' peaceful enjoyment of their accommodations and will be conducive to maintaining CDA-owned property in a safe and sanitary condition.
F. To refrain from using the premises or any other CDA-owned property for unlawful or other activity which impairs the physical or social environment of the neighborhood.
G. To assure that Tenant, any member of Tenant's household, and guests, do not engage in:
(1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of CDA's public housing property by CDA residents, guests, visitors, employees, or contractors.
(2) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the residences of persons in the immediate vicinity of the premises.
(3) Any drug-related criminal activity on or off the premises.
(4) Any drug-related civil-offense activity on or off the premises.
H. To assure that other persons under Tenant’s control do not engage in:
(1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of CDA's public housing property by CDA residents, guests, visitors, employees, or contractors.
(2) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the residences of persons in the immediate vicinity of the premises.
(3) Any drug-related criminal activity on the premises.
(4) Any drug-related civil-offense activity on the premises.
I. To assure that no member of the household:
(1) Engages in an abuse or pattern of abuse of alcohol that affects the health, safety, or right to peaceful enjoyment of the premises by CDA residents, guests, visitors, employees, or contractors.
(2) Engages in the illegal use of a drug or a pattern of illegal use of a drug that interferes with the health, safety or right to peaceful enjoyment of the premises by other residents, guests, visitors, employees, or contractors.
(3) Furnishes to CDA false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. 4
(4). Engages in or threatens violent or abusive behavior toward CDA residents, guests, visitors, personnel or contractors.
Abusive or violent behavior towards CDA residents, guests, visitors, personnel or contractors includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.
Threatening refers to oral or written threats, physical gestures, or other conduct that communicates intent to abuse or commit violence, or which causes a reasonable person under the same circumstances to suffer emotional distress, or to fear bodily harm to himself or herself or a member of his or her family or household.
J. To comply with requirements of applicable building codes, zoning codes, housing codes, health codes, fire codes, and HUD regulations affecting health, safety and property, and to comply with federal, state, and local laws that impose obligations in connection with the occupancy or use of premises.
K. To comply with 24 CFR 960, subpart F, which requires that unless otherwise exempt, all residents 18 years of age or older shall contribute eight (8) hours per month of community service within the community in which that adult resides, or participate in an economic self-sufficiency program for eight (8) hours per month. Those exempt include anyone 62 years of age or older; employed; blind or disabled; and those enrolled in a qualified state welfare program or exempt from having to engage in a work activity under the state program.
L. To comply with the non-standard lease provisions which are attached hereto and incorporated into this lease.
M. Maintenance, Housekeeping and Damage. Tenant Agrees:
(1) To maintain in safe and sanitary condition the dwelling unit and any other areas assigned to Tenant for Tenant’s exclusive use; to dispose of all ashes, garbage, rubbish, recyclables and other waste from the premises in a sanitary and safe manner.
(2) To refrain from, and cause household members, guests and visitors to refrain from destroying, defacing, damaging or removing any part of the premises, or any other CDA- owned property and facilities.
(3) Not to alter or redecorate the premises, or any building or grounds without prior written consent of CDA, including painting or attaching floor or wall coverings with adhesive or other permanent means. Tenant is prohibited from adding or changing locks; replacing or removing CDA appliances; installing wallpaper, adhesive stickers, or contact paper; attaching awnings, antennas, satellite dishes, or aerials; and attaching or placing any signs or placards on the buildings, project areas or project grounds.
(4) To notify CDA as soon as is practical of any needed maintenance or repairs or need for extermination of insects, rodents or other pests within the leased premises or any unsafe conditions on the premises or grounds. Tenant shall notify CDA immediately if damage creates conditions that are hazardous to life, health or safety. Tenant failure to promptly report needed maintenance, repairs, or need for extermination, when such failure causes damage to CDA property, will be considered a serious violation of the lease. Such damage is beyond normal wear and tear and may result in charges to Tenant.
(5) To allow entry to exterminators and to properly prepare the premises for extermination treatment as required by CDA.
(6) To use in a reasonable manner all electrical, plumbing, heating, sanitary, ventilating, air conditioning, elevators and other facilities and equipment; to refrain from excessive use of utilities. Tenant is prohibited from allowing nonresidents to use CDA-provided laundry or storage facilities.
N. Charges and Fees. The charges listed below are due and payable fourteen (14) calendar days after the billing date. Tenant agrees to pay reasonable charges assessed against Tenant for:
(1) Increased consumption of utilities due to Tenant-owned appliances.
5
(2) The cost of repair of damages (other than normal wear and tear) to the leased premises or any other CDA-owned property, (which may include dwelling unit, project buildings, facilities, or common areas) caused by Tenant, Tenant's household members, guests or other persons under the Tenant’s control.
(3) Maintenance fees and re-inspection fees, including the cost of any maintenance tasks performed by CDA which Tenant agreed to provide but failed to perform.
(4) The cost of pest extermination where infestation is caused by the action or inaction of Tenant or household members, and any costs due to improper preparation of the unit for extermination treatment or improper refusal of entry to exterminator.
8. ENTRY INTO DWELLING UNIT
A. Tenant agrees that an authorized representative of CDA will be permitted to enter Tenant's premises to examine its condition, to make improvements or repairs, or to show the premises for re-leasing.
B. The CDA representative may enter only during reasonable hours either with Tenant's permission, or after at least forty-eight (48) hours notice in writing of the date and purpose; provided, however, that CDA shall have the right to enter the premises without prior notice if CDA reasonably believes entry is necessary to preserve or protect the premises from damage or if CDA reasonably believes an emergency exists involving threats to health or safety of persons or property. Tenant’s requests for maintenance shall be considered permission for a CDA representative to enter without further notice and perform such maintenance.
C. In the event that Tenant and all adult household members are absent from the premises at the time of entry, CDA will, prior to leaving the premises, leave a written statement on the premises specifying the date, time and purpose of such entry.
9. RE-DETERMINATION OF ELIGIBILITY, RENT, AND DWELLING SIZE
A. Annual Reexaminations
Annually as required by CDA, Tenant agrees to furnish accurate information to CDA as to family composition, employment, and income from all sources, for use by CDA to determine eligibility for continued occupancy, re-determination of rent, and appropriateness of dwelling size. These determinations will be made in accordance with the approved Admissions and Continued Occupancy Policy (“ACOP”) available in the Management Office.
All adult members of the household must accompany the head of household to the annual reexamination interview. Failure by any adult household member to appear at such interview or failure to provide information or documents as required by CDA for reexamination is a serious violation of this lease and is grounds for CDA to terminate the lease.
B. Interim Reexaminations
Rent, as stated in Section 3. or as adjusted by written amendment to this lease, will remain in effect for the period between annual reexaminations unless a change in household income, household composition, or exceptional medical or unusual expenses occurs which would reduce the rent in accordance with the approved Admissions and Continued Occupancy Policy. All changes, whether resulting in an increase or decrease in income or family composition, must be reported in writing to CDA within ten (10) business days of when Tenant becomes aware that such change will occur. The failure of any adult household member to report any change in income or family composition to CDA is a serious violation of this lease and is grounds for CDA to terminate the lease.
C. Fraud and Misrepresentation
If it is found that Tenant has failed to report changes in circumstances, or has misrepresented to CDA the facts upon which rent is based, so that the rent being paid is less than Tenant should have been paying, then the increase in rent shall be made retroactive in accordance with Section 9.D.(3). Tenant’s misrepresentation or failure to report changes to CDA is grounds for CDA to terminate the lease, and may subject Tenant to penalties available under state or federal law, which may include imprisonment and/or fines.
D. Rent Changes 6
(1) In the event that a rent adjustment is required, CDA will mail or deliver a "Notice of Rent Adjustment" to Tenant in accordance with Section 12.
(2) In the case of a rent decrease, the rent adjustment will become effective as of the first (1st) day of the month following receipt by CDA of Tenant's written notice of any change in household income or composition.
(3) In the case of a rent increase, the rent adjustment will take effect the first (1st) day of the second (2nd) month following the completion of the reexamination. However, if the rent increase results from a finding of misrepresentation or failure to report by Tenant, CDA will apply any increase in rent retroactive to the first (1st) day of the month following the month in which the change in circumstances creating the rent increase occurred.
10. TRANSFERS
A. Tenant agrees that if CDA determines that the size of the dwelling unit is no longer appropriate to Tenant’s needs based upon approved occupancy standards, CDA may assign the Tenant to another unit in accordance with CDA’s Admission and Continued Occupancy Policy. Tenant shall move, at Tenant’s own expense, into the unit assigned to them within thirty (30) calendar days after being notified of the assignment.
B. When offering an accessible unit to a non-disabled tenant, CDA will require the tenant to agree to move to an available non-accessible unit within thirty (30) calendar days when either a current tenant or an applicant needs the features of the unit and there is another unit available for the non-disabled family. The tenant transferring out of the accessible unit shall pay all moving costs related to the transfer.
C. If CDA determines that the dwelling unit will undergo rehabilitation, demolition, disposition, or revitalization CDA may require the Tenant to relocate. The relocation plan may or may not require transferring affected families to other available public housing units.
D. Emergency transfers – VAWA
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, requesting an emergency transfer must expressly request the transfer by notifying the CDA’s property management office and submitting a written request for a VAWA transfer to an identified location. The tenant’s written request for an emergency VAWA transfer should include either:
1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under the CDA’s housing program; OR 2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90 calendar-day period preceding the tenant’s request for an emergency transfer.
The CDA will keep confidential any information that the tenant submits in requesting an emergency VAWA transfer, and information about the emergency transfer, unless the tenant gives the CDA written permission to release the information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person(s) that committed an act(s) of domestic violence, dating violence, sexual assault, or stalking against the tenant. The CDA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. The CDA will, however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. The CDA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. If the CDA has no safe and available units for which a tenant who needs an emergency is eligible, the CDA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant’s request, the CDA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking (e.g. D.A.I.S.) Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe.
7
11. PHYSICAL INSPECTIONS
CDA will inspect each public housing unit at least annually to ensure that that Tenant is maintaining the unit in a safe and sanitary condition that meets CDA and HUD’s housekeeping, housing and health and safety standards. Work orders will be submitted and completed to correct any deficiencies noted during an inspection. Residents are required to report needed repairs in a timely manner and may be subject to a $50.00 maintenance fee if deficiencies are noted during an inspection. For units requiring re- inspection, residents will be responsible for paying a $50 re-inspection fee.
Generally, housekeeping will be evaluated during the annual physical inspection. Special follow-up inspections may be scheduled by CDA to address deficiencies in housekeeping. CDA reserves the right to document any and all inspections by taking pictures of observed deficiencies. Failure to pass any inspection is a serious lease violation and is grounds for CDA to terminate the lease.
12. LEGAL NOTICES
Notices of eviction will be given to the tenant pursuant to the methods described in Wis.Stat. 704.21(1). Any other notice required to be given to Tenant under this lease shall be sufficient if delivered in writing to Tenant personally or to a household member of age fourteen (14) or over residing in the premises, or if sent by prepaid first class mail properly addressed to Tenant. Any notice required to be given to CDA under this lease shall be sufficient if delivered in writing to a CDA employee at Tenant's Management Office or if sent by prepaid first class mail, properly addressed to the Housing Manager. The address of Tenant’s Management Office is:
13. TERMINATION OF LEASE
A. This lease may be terminated by Tenant at any time by giving sixty (60) calendar days written notice in the manner provided in Section 12. above. The termination will be effective on the last day of the second (2nd) full month following notice.
B. CDA may terminate this lease for serious or repeated violations of terms of this lease, including but not limited to: failure to make payment due under this lease or to fulfill material tenant obligations outlined in Sections 7. through 11.; or for other good cause. Other good cause includes, but is not limited to, criminal activity or alcohol abuse in violation of Section 7., discovery after admission of facts that make Tenant ineligible, and discovery of material false statements or fraud by Tenant in connection with an application for assistance or with reexamination of income. CDA may terminate this lease at any time in accordance with 24 CFR 966.4(l) and state law.
C. CDA may refuse to renew this lease if the household fails to comply with the community service requirements under 24 CFR 960, discussed in Section 7.K. of this lease.
D. Pursuant to federal regulations governing Public Housing Authorities, 24 CFR 966.4(l)(5)(iii), CDA may evict Tenant by judicial action for criminal activity if CDA determines that the Tenant, household member, guest, or other person under Tenant’s control, has engaged in criminal activity, regardless of whether such person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction.
E. CDA shall immediately terminate tenancy if a Tenant is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees.
F. CDA shall immediately terminate tenancy if it determines that any member of the household has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing.
G. CDA may terminate tenancy if the Tenant fails to accept CDA’s offer of a revision of the existing lease assuming a minimum of a sixty (60) day notice of the revision.
8
H. If the dwelling unit is damaged by fire or other casualty so as to be uninhabitable for any period, the lease shall automatically terminate and Tenant must either accept alternative accommodations and enter into a new lease or vacate the premise.
I. CDA shall give not less than fourteen (14) calendar days written notice of termination of this lease.
J. Notification of termination of Tenant's occupancy by CDA shall state the reasons for the termination, inform Tenant of Tenant's right to make such reply as Tenant may wish and the right to inspect any CDA documents directly relevant to the termination or eviction. The notice shall also inform the Tenant whether or not Tenant has the right to request a grievance hearing in accordance with CDA's current approved Tenant Grievance Procedure.
14. GRIEVANCE PROCEDURE
The Tenant Grievance Procedure is hereby incorporated by reference and made part of this lease. A copy is available in the Management Office.
15. WAIVERS
This lease includes a statement of rights and remedies held by CDA. However, additional rights and remedies exist by law. This lease does not limit CDA’s recourse to those rights and remedies.
CDA does not give up its right to enforce this lease even if CDA does not take action to enforce the lease at every possible opportunity. If Tenant violates a condition of this lease at any time, CDA may take action as provided in this lease and under law.
16. RECEIPT OF DOCUMENTS
In signing this lease, Tenant acknowledges that Tenant has received copies of this lease, the House Rules, the Tenant Grievance Procedure, and the Non-Standard Rental Provisions attached hereto.
17. MODIFICATION OF THE LEASE
This lease, together with the Admissions and Continued Occupancy Policy, Tenant Grievance Procedure, House Rules, the No-smoking addendum, the Non-Standard Lease Provisions attached hereto, and any future adjustments of rent or dwelling unit, evidences the entire agreement between CDA and Tenant. The lease may be modified at any time by written agreement of the Tenant and CDA. CDA may modify the lease unilaterally at any time during the lease term as long as the Tenant has an opportunity to comment as provided by federal regulations.
COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON, WISCONSIN
By: By: Resident: Date Name: Date Title: CDA Housing Manager
By: Resident: Date
By: Resident: Date
9
COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON, WISCONSIN
NON-STANDARD RENTAL PROVISIONS FOR CDA RESIDENTS:
______1. Security Deposits. In addition to the standard security deposit deductions allowable under Wis. Stats § 704.28, CDA may deduct the following items if not paid at the end of your lease term: late fees, unpaid bounced-check/non-sufficient fund (NSF) fees, increased utility consumption fees, unpaid maintenance fees, balance of repayment agreements, and the full cost of replacing keys, locks and access cards if keys and access cards are not returned to CDA.
______2. Repayment Agreement. If CDA’s enters into a rent repayment agreement with tenant, tenant is required to comply with the terms of that agreement. Tenant’s refusal to enter a repayment agreement or the failure to comply with such an agreement is grounds for CDA to terminate the lease.
______3. Parking. Tenant is required to comply with CDA's parking policy. I have received a copy of CDA’s parking policy.
______4. Pets. Tenant is required to comply with the relevant CDA pet policy.
______5. Carbon Monoxide Detectors. CDA is responsible for the installation and maintenance of carbon monoxide detectors as required by Wis. Stat. §. 101. 149. CDA has installed carbon monoxide detectors in locations mandated by law. a. Tenant understands and agrees that Tenant may give CDA written notice that a carbon monoxide detector is not functional, or that it has been removed. Upon notification, CDA shall repair or replace the nonfunctional detector within 5 days after receipt of the notice. b. CDA is not responsible for any damages resulting from: 1) a false alarm from the carbon monoxide detector, if it was reasonably maintained by CDA; or 2) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty detector that was reasonably maintained by the CDA. c. No person may remove batteries from, tamper with, remove, destroy, or disconnect an installed carbon monoxide detector.
______6. Smoke Alarms. CDA has installed smoke alarms in Tenant’s unit. Tenant understands and agrees that: a. The smoke alarm is not fire detecting equipment, but a warning system of potential danger activated by an atmosphere having smoke-like qualities. The Tenant shall not attempt readjustment of smoke detector; shall not in any way physically modify any part of the said system and shall not create a condition or situation which will prevent said system from properly functioning. b. Tenant is responsible for notifying CDA immediately if a smoke alarm becomes inoperable or is removed. Notice shall be given in writing. Upon notification, CDA shall repair or replace a nonfunctional alarm within 5 days after receipt of the notice. c. No person may remove batteries from, tamper with, remove, destroy, or disconnect an installed smoke alarm.
______7. Outdoor Furniture and Storage. In outdoor areas that are part of or adjacent to Tenant’s premises, Tenant shall only place furniture designed for exterior use, one (1) grill, and up to one (1) bicycle for each resident. Gas and charcoal grills are prohibited on balconies. No furniture intended or designed for interior use or garbage or trash of any kind is allowed outside, unless contained in proper disposal receptacles. However, garbage or trash of any kind is prohibited on balconies, even if contained in a receptacle.
______8. Alcohol. Alcohol consumption in common areas of the building and exterior grounds of CDA property is strictly prohibited. Tenant, household members, guests and visitors may not consume alcoholic beverages in the common areas and exterior grounds of CDA property.
______9. No-Smoking policy. Smoking on or within any part of CDA property is strictly prohibited. Tenant, household members, guests and visitors shall not smoke on or within any portion of CDA property.
______10. Visitors and Guests. Tenant shall not give or lend any keys or access card assigned to the Tenant for Tenant’s exclusive use to any other person without prior written consent of CDA. Tenant shall not permit unauthorized person(s) to enter into the building.
______11. Waterbeds. Tenant shall not set up any waterbed, except with written approval of CDA.
______12. Maintenance request. Tenant agrees that a request for maintenance gives permission for a CDA representative to enter tenant’s unit to perform such maintenance during reasonable hours, without further notice. 10
______13. NOTICE OF DOMESTIC ABUSE PROTECTIONS (1) As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following: (a) A person who was not the tenant's invited guest. (b) A person who was the tenant's invited guest, but the tenant has done either of the following: 1. Sought an injunction barring the person from the premises. 2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest. (2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency. (3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.
(4) A separate VAWA (Violence Against Women Act) lease addendum detailing tenant’s rights and remedies pursuant to 24CFR part 5, subpart L is incorporated into this lease. Tenant acknowledges receipt of Notice of Occupancy rights under the Violence Against Women Act and Certification Forms.
______14. Disposition of personal property. If a tenant vacates or is evicted from the premises and leaves behind personal property the CDA has the right to dispose of the remaining personal property without any further notice to the tenant. CDA is not required to hold or store personal property that has been left behind by the tenant, but may dispose of the property immediately once CDA is in possession of the apartment. CDA will hold prescription medical equipment or prescription medication for 7 days prior to disposal. By initialing this you agree that the CDA has the authority to dispose of any personal property left behind by you.
FAMILY UNITS ONLY:
Tenant Agrees: ______15. To replace furnace filters once each month during the heating season (filters provided by CDA) where applicable.
______16. To check water softener monthly and fill with softener salt as needed (salt provided by CDA) where applicable. (Does NOT apply to leases at the Triangle)
______17. To remove all snow from such areas of the sidewalk and/or driveway (if applies) assigned to the Tenant. The Tenant will remove snow within twenty-four (24) hours after snowfall.
______18. To maintain, trim, and water grass plots assigned to the Tenant to the satisfaction of CDA (Where applicable.)
I (we) have read and understand the above Nonstandard Rental Provisions of my (our) lease. By my (our) initials above, I (we) acknowledge that the Landlord has identified each of the above provisions with me (us).
COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON, WISCONSIN
By: By: Resident: Date Name: Date Title: CDA Housing Manager
By: Resident: Date
By: Resident: Date
11
Community Development Authority for the City of Madison No-Smoking Policy Lease Addendum
Tenant and all members of Tenant's family or household are parties to a written lease with Landlord. This lease addendum states the following terms, conditions and rules which are hereby incorporated into the lease. A breach of this lease addendum shall give each party all the rights contained herein, as well as the rights in the Lease.
1. Purpose of No-Smoking Policy. The parties desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking; and (iii) the increased risk of fire from smoking.
2. Effective date of the Policy. The No-Smoking Policy is effective January 1, 2018.
3. Definitions:
Smoking. The term “smoking” means the use of any prohibited tobacco products or possession of any lit prohibited tobacco products. "Prohibited tobacco products" are defined as: Items that involve the ignition and burning of tobacco leaves, including but not limited to, cigarettes, cigars, pipes. "Smoking" also includes use of an electronic cigarette, water pipes, and hookahs.
Electronic Cigarette. The term “electronic cigarette” means any electronic device that provides a vapor of liquid nicotine and/or other substances to the user as she or he simulates smoking. The term shall include such devices whether they are manufactured or referred to as e-cigarettes, e-cigars, e-pipes or under any product name.
4. No-Smoking Complex. Tenant agrees and acknowledges that the entire CDA property is a no-smoking area. The premises to be occupied by Tenant and members of Tenant's household have been designated as a no-smoking living environment. Tenant, members of Tenant's household, and tenant's guests and visitors shall not smoke anywhere in the unit rented by Tenant, or the building where the Tenant's dwelling is located, or in any of the common areas or grounds of such building or other parts of the rental community or CDA grounds or premises. 5. Determining tenant violation of no smoking policy. Examples of violations include, but are not limited to:
Staff witnesses a tenant, tenant’s guest, family member, or service provider smoking in non-smoking areas under tenant’s control. Staff witnesses a lighted smoking product in an ashtray or other receptacle in non-smoking areas under tenant’s control. Damages to the interior of the property (i.e. carpets, countertops) that are the result of burns caused by smoking products. Evidence of smoking in a unit includes, but is not limited to, cigarette or other smoking product smells, smoke clogged filters, ashes, smoke film including smoke damage to walls. Repeated reports to staff of violations of this policy by third parties.
6. Tenant to Promote No-Smoking Policy and to Alert Landlord of Violations. Tenant shall inform Tenant's guests of the no-smoking policy. Further, Tenant shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Tenant's unit from sources outside the Tenant's apartment unit.
7. Landlord to Promote No-Smoking Policy. Landlord shall post no-smoking signs at entrances and exits, common areas, hallways, and in conspicuous places on the grounds of the apartment complex.
8. Effect of Breach and Right to Terminate Lease. A breach of this lease addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this lease addendum shall be considered a material breach of the lease and grounds for enforcement actions, including eviction, by the Landlord. A waiver of the lease requirement of no-smoking can only be made in writing.
The enforcement steps are as follows: 1. First violation: Tenant shall receive a verbal warning 2. Second violation: Tenant shall receive a written warning 3. Third violation: Tenant shall receive a written warning 4. Fourth Violation: Tenant shall be considered in default under the terms of the residential lease agreement
9. Disclaimer by Landlord. Tenant acknowledges that Landlord's adoption of a no- smoking policy and the efforts to designate the rental complex as no-smoking do not in any way change the standard of care that the Landlord or managing agent would have to a Tenant household to render buildings and premises designated as no-smoking any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that
Adapted from Live Smoke Free, www.mnsmokefreehousing.org www.wismokefreehousing.com the building, common areas, or Tenant's premises will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Tenant acknowledges that Landlord's ability to police, monitor, or enforce the agreements of this lease addendum is dependent in significant part on voluntary compliance by Tenant and Tenant’s guests. Landlord shall take reasonable steps to enforce the no-smoking policy. Landlord is not required to take steps in response to smoking unless Landlord knows of said smoking or has been given written notice of said smoking from identified individual(s). Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this lease addendum than any other landlord obligation under the Lease.
LANDLORD TENANT
______
______
______
Adapted from Live Smoke Free, www.mnsmokefreehousing.org www.wismokefreehousing.com
COMMUNITY DEVELOPMENT AUTHORITY OF THE CITY OF MADISON Dwelling Lease Addendum- VAWA
This Lease Addendum dated is made between Community Development Authority of the City of Madison (the “Landlord”) and ______(the “Tenant”), represented by the family‘s Head of Household, and is being incorporated in and made a part of the dwelling lease (the “Lease”), and it shall be renewed and shall expire under the terms and conditions of the Lease.
A. Purpose of the Addendum
This addendum is designed to include the requirements of U.S. Department of Housing and Urban Development’s final rules implementing the 2013 reauthorization of the Violence Against Women Act (VAWA).
B. Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.
C. Definitions 1. Actual and Imminent Threat (24 CFR §5.2003): A physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: The duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.
2. Affiliated individual (24 CFR §5.2003): The term affiliated individual means, with respect to a person: A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or any individual, tenant or lawful occupant living in the household of that individual.
3. Bifurcate (24 CFR §5.2003): To divide a lease as a matter of law, subject to permissibility of such process under the requirements of the applicable HUD-covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants.
4. Covered Housing Provider (24 CFR §5.2003): The individual or entity under a covered housing program that has responsibility for the administration and/or oversight of VAWA protections and includes public housing agencies, sponsors, owners, mortgagors, managers, State and local governments or agencies thereof, nonprofit or for-profit organizations or entities.
5. Dating Violence (24 CFR §5.2003): The federal regulations defines “dating violence” as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: - the length of the relationship; - the type of relationship; and - the frequency of interaction between persons involved in the relationship.
6. Domestic Violence (24 CFR §5.2003): The federal regulations defines “domestic violence” to include felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim share a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. The term “spouse or intimate partner of the victim” includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
7. Sexual Assault (24 CFR §5.2003): Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
8. Stalking (24 CFR §5.2003): The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: Fear for the person’s individual safety or the safety of others; or Suffer substantial emotional distress.
D. VAWA Protections (24 CFR §5.2005):
The Violence Against Women Act (VAWA) provides specific protections against termination of the Lease for victims of domestic violence, dating violence, sexual assault or stalking. The VAWA:
1. Provides that the Landlord must provide the tenant with a “Notice of Occupancy Rights” (form HUD-5380) and a Domestic Violence, Dating Violence, Sexual assault or Stalking Certification form (HUD-5382) when the tenant is admitted to the housing program, annually recertified, and with any notification of eviction or termination of assistance. These forms are incorporated by reference into the Lease, and Tenant acknowledges that they received a copy of those forms.
2. Provides that a tenant may not be evicted or have their program participation terminated on the basis or as a direct result of the fact that the tenant has been a victim of domestic violence, dating violence, sexual assault or stalking if the tenant otherwise qualifies for assistance, participation, or occupancy. Furthermore, an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking may not be construed either as a serious or repeated lease violation by the victim or as good cause to terminate the Lease of the victim.
3. Provides that criminal activity directly related to domestic violence, dating violence, sexual assault or stalking may not be construed as cause for terminating the Lease of a tenant if a member of the tenant’s household, a guest, or another person under the tenant’s control is the one engaging in the criminal activity and the tenant or affiliated individual is the actual or threatened victim of the domestic violence, dating violence, sexual assault or stalking.
4. Provides the Landlord with the authority to terminate the Lease to any resident or lawful occupant who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence.
E. Certification and Documentation of Domestic Violence, Sexual Assault, Dating Violence, or Stalking The Landlord may require the tenant to document their claim of domestic violence, dating violence, sexual assault, or stalking. The Landlord will make such request in writing and provide 14 business days for the tenant to comply. The tenant may complete the Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation (form HUD-5382), that serves as a means of documenting the incident or incidents of domestic violence, dating violence, sexual assault, or stalking or provide alternate documentation.
F. Remedies for Victims of Domestic Violence, Dating Violence, Sexual Assault or Stalking 1. The Landlord allows victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the resident’s current unit to another unit.
2. The Landlord may bifurcate a lease, or remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to such member who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual. The lease bifurcation shall be carried out in accordance with any requirements or procedures as may be prescribed by Federal, State, or local law for termination of assistance or leases and in accordance with any requirements under the relevant covered housing program.
3. If the lease is bifurcated, and the evicted tenant was the eligible tenant under the covered housing program, the Landlord will provide the remaining tenant(s) reasonable time to establish eligibility for housing assistance or to find alternative housing. A period of 90 calendar days will be granted from the date of bifurcation of the lease to establish:
-eligibility under the same covered housing program, or -establish eligibility under another covered housing program, or -find alternative housing.
The 90-calendar-day period will not be available to a remaining household member if the statutory requirements for the same program prohibit it. The 90-day calendar period also will not apply beyond the expiration of a lease, unless this is permitted by program regulations.
4. The Landlord will undertake permissible and feasible actions in an effort to promote housing stability for victims of domestic violence, dating violence, sexual assault, or stalking.
IN WITNESS THEREOF, the parties have executed this Lease Addendum this ______day of ______, ______.
______CDA/Landlord Authorized representative
______Resident (head of household) Landlord/Authorized
______Spouse (if applicable)
______Family/Household Member (18 or older)
______Family/Household Member (18 or older)
CommunityDevelopmentAuthority
EAST MANAGEMENT OFFICE 3538 Straubel St. Suite 101 Madison, WI 53704 Phone: (608)246.4558 Fax: (608)246.5812
CDA EAST HOUSE RULES
The purpose of house rules is to ensure that all residents can enjoy a clean, safe and quiet environment. Let’s work together to make the East site a pleasant place to live.
GENERAL
The common area hallways, breezeways, corridors, sidewalks, and stairways of the buildings may not be obstructed or used for any other purpose than entry and exit from apartments. Do not leave personal belongings such as, but not limited to, bicycles, toys, rugs, shoes, garbage bags or any other sort of debris in these areas at any time or they will be disposed of by CDA staff. Garbage: Garbage should be tied up securely in bags and carried out to the dumpsters. Do not place garbage in hallways, stairwells, or laundry rooms. Do not leave bags of garbage on the ground, place them inside the dumpster. Pet Waste: Pet waste such as dirty kitty litter must be securely bagged and disposed of. Do not empty litter boxes into the dumpsters without bagging it securely. Do not flush down toilet. Recycling: Place recyclables in dumpster marked for Recyclables. You do not have to separate items (such as glass, paper, and plastic). Place the bag of recyclables inside the dumpster; do not leave bags on the ground. Balconies/Patios: Do not store garbage, trash or furniture designed for indoor use on patios/balconies. Only grills, bicycles and outdoor patio furniture are allowed. Noise Levels: Noise, music, loud voices and/or other loud noises are not permitted. Your activities should not be disturbing the right to peaceful enjoyment of accommodations for other residents, staff, or contractors. No-Smoking: Smoking is not allowed anywhere on CDA property. Alcohol: Consuming alcohol or having open containers of alcohol on the grounds, in the common areas (including sidewalks, parking lots, driveways, patios), is prohibited by CDA and per City Ordinance MGO 23.07(5) (“No person shall possess or consume any amount of an alcoholic beverage, whether in an open or closed container, on the property of another without the permission of a person lawfully upon the premises.”) CDA does not authorize consumption of alcohol in the common areas listed above.
Page 1 of 3
Courtesy and Respect: Obscene or profane language/conduct is forbidden. Tenants shall not annoy, harass, intimidate, gossip, bully, or inconvenience any other tenant(s) or neighbor(s) with inappropriate, lewd, or inflammatory behaviors. This includes public indecency/exposure, and the excretion of bodily waste in a common or public area. Laundry: Non-residents may not use the CDA laundry machines or rooms for any purpose. Landscaping: Tenant’s shall not alter, disturb, or interfere in any way with the grounds or landscaping. Tenants are not allowed to plant gardens, trees, or any plantings on CDA property without prior written consent. Wall Hangings: Tenants are not permitted to paint the walls. Picture hangers using a small nail or pin are permitted. However, Tenant is responsible for the cost of repairs or painting required as a result of unpermitted painting, hanging of pictures or other objects. Grocery Carts: Grocery carts may not be stored in your apartment or on your balcony and should be returned to where they came from. Toys: All toys must be kept inside your rental unit.
GUESTS/VISITORS
Behavior: Tenants are responsible for the behavior of their guests. A violation of the house rules by a guest will be treated as a violation by the resident. Security Passes/Keys: Residents may not give their security keys to other people to use to gain access to the building or your apartment. Security passes and keys are strictly for the authorized resident’s use. Mailing Address: No one other than the Head of Household and other persons listed on the CDA lease may use the tenant’s mailing address. Visiting CDA Property: Resident’s must be with their guests at all times. Guests/visitors should carry an ID with them at all times and be prepared to show it if asked by CDA, security guards, police officers, or HUD Service Coordinators. Your guests are required to provide their full name and address if they are asked to provide this information by any of the above named City staff and/or contractors. Guests/Visitors Inside Units: Guests and visitors shall be with CDA resident at all times. Guests and visitors shall not be in resident’s apartment while the resident is not at home. All guests/visitors are required to leave CDA premises when a CDA resident leaves. Guests/visitors may not wait in common areas or on the CDA grounds. Trespassing/Banned Individuals: People that are banned from CDA property are not allowed to be on the grounds, in the buildings, or in an apartment/townhome. If a CDA resident allows a banned individual onto the property or into their unit that CDA resident is in violation of their lease and subject to eviction action.
Page 2 of 3
HEALTH & SAFETY
Residents shall maintain their apartments in a condition that does not create a fire and/or health hazard, including repulsive odors.
Cleanliness: Tenant shall maintain all interior and exterior areas of the leased premises in a clean and sanitary condition free from debris, garbage, and physical hazards. Tenant agrees to maintain the assigned unit by ensuring routine cleaning is done throughout the leased premise on a regular basis. Routine cleaning includes but is not limited to vacuuming, sweeping and washing floors, scrubbing the tub/shower, scrubbing the toilet and sinks and countertops, dusting, washing dishes and countertops, cleaning appliances inside and out, discarding and removing trash and recyclables. Grills and Lighter Fluid: Gas and charcoal grills and lighter fluid are prohibited from being stored and/or used on patios, balconies, and inside apartments. Security System/Intercom: Tenant agrees to keep the lease premises’ door locked at all times except when entering and exiting. Tenant agrees not to allow anyone into the building or leased unit who is not authorized to be there. Tenant shall not buzz anyone into the building until they know who is requesting entry and that they are either a household member or authorized guest. Maintenance Requests: Tenants must call 608/245-5797 for all maintenance requests. Tenant agrees that a request for maintenance gives permission for a CDA representative to enter tenant’s unit to perform such maintenance during reasonable hours, without further notice. Renter’s Insurance: CDA strongly recommends that all tenants purchase renter’s insurance from an insurance company. If tenant’s belongings get damaged for any reason CDA will not reimburse tenant for loss or damage to their personal property, whether the damage was caused by tenant or not. Parking on CDA Property: CDA residents are allowed to park one vehicle per apartment on CDA property after obtaining a permit from the security office by calling 608/852-0941. You must not park on the property until you have been issued a parking permit or you could receive a parking citation. In order to be eligible for a parking permit your vehicle must be properly registered to you in your name and must be properly registered with DMV. You will have two weeks from the date of your lease to update your current address with DMV. Residents are not allowed to park in visitor stalls. Visitors may only park in visitor parking stalls on CDA property.
______CDA Resident Date
______CDA Resident
______Address
Page 3 of 3
CommunityDevelopmentAuthority West Office 540 W. Olin Ave, #200 Madison, Wisconsin 53715 ph (608)267.9524 tdd (608)267.4935 fx (608)261.9166 email [email protected]
CDA West Site - House Rules The purpose of house rules is to ensure that all residents can enjoy a clean, safe, and quite environment. They are established to be beneficial in keeping the property safe and clean and making it more appealing and livable for you, the resident.
General The common area hallways, corridors, sidewalks, and stairways of the buildings may not be obstructed or used for any other purpose than entry and exit from apartments. Do not leave personal belongings such as, but not limited to, bicycles, toys, rugs, shoes, garbage bags or any other sort of debris in these areas at any time. Garbage: Garbage should be tied up securely in bags and carried out to the dumpsters or placed in the trash chute if appropriately sized. Do not place garbage in hallways, stairwells, or laundry rooms. Do not stuff large items into the trash chutes. Do not leave bags of garbage on the ground, place them inside the dumpster. Pet Waste: Pet waste such as dirty kitty litter must be securely bagged and disposed of. Do not empty litter boxes into the dumpsters or trash chute without bagging it securely. Recycling: Place recyclables in dumpster marked for Recyclables. You do not have to separate items (such as glass, paper, and plastic). Place the bag of recyclables inside the dumpster; do not leave bags on the ground. Balconies/Patios: Do not store garbage, trash or furniture designed for indoor use on patios/balconies. Noise Levels: Noise, music, barking dogs, and/or other loud noises are not permitted. Your activities should not be disturbing the right to peaceful enjoyment of accommodations for other residents, staff, or contractors. No-Smoking: Smoking is prohibited in or on all portions of CDA property. Alcohol: Residents and their visitors do NOT have the property owner’s permission to consume alcohol or have open containers of alcohol on the grounds (including balconies, patios, sidewalks, parking lots and drives) or in building common areas per city Ordinance. MGO 23.07 (5) No person shall possess or consume any amount of an alcoholic beverage, whether in an open or closed container, on the property of another without the permission of a person lawfully upon the premises. Courtesy and Respect: Obscene or profane language/conduct is prohibited. Tenants shall not annoy, harass, intimidate, gossip, bully, or inconvenience any other tenant(s) or neighbor(s) with inappropriate, lewd, or inflammatory behaviors. This includes public indecency/exposure, and the excretion of bodily waste in a common or public area.
1 Updated: 3/30/2018
Laundry: Non-residents may not use the CDA laundry machines or rooms for any purpose.
Landscaping: Tenant’s shall not alter, disturb, or interfere in any way with the grounds or landscaping. Tenants are not allowed to plant gardens, trees, or any plantings on CDA property without prior written consent. Wall Hangings: Tenants are not permitted to paint the walls. Picture hangers using a small nail or pin are permitted. However, Tenant is responsible for the cost of repairs or painting required as a result of unpermitted painting, hanging of pictures or other objects. Grocery Carts: Leaving commercial grocery carts on or about the premise is prohibited. Any costs incurred in returning carts will be charged to the tenants. Toys: All toys (including, but not limited to, bicycles, wagons, etc.) must be kept in your rental unit, storage unit or garage (if applicable).
Guests/Visitors Behavior: Tenants are responsible for the behavior of their guests. A violation of the house rules by a guest will be treated as a violation by the resident. Security Passes/Keys: Residents may not give their security passes or keys to other people to use to gain access to the building or your apartment. Security passes and keys are strictly for the authorized resident’s use. Mailing Address: No one other than the Head of Household and other persons listed on the CDA lease may use the tenant’s mailing address. Visiting CDA Property: Resident’s must be with their guests at all times. Guests/visitors should carry an ID with them at all times and be prepared to show it if asked by CDA, security guards, police officers, or HUD Service Coordinators. Your guests are required to provide their full name and address if they are asked to provide this information by any of the above named City staff and/or contractors. Guests/Visitors Inside Units: Guests and visitors shall be with CDA resident at all times. Guests and visitors shall not be in resident’s apartment while the resident is not at home. All guests/visitors are required to leave CDA premises when a CDA resident leaves. Guests/visitors may not wait in common areas or on the CDA grounds. Trespassing/Banned Individuals: People that are banned from CDA property are not allowed to be on the grounds, in the buildings, or in an apartment/townhome. If a CDA resident allows a banned individual onto the property or into their unit that CDA resident is in violation of their lease and subject to eviction action.
2 Updated: 3/30/2018
Health and Safety Residents shall maintain their apartments in a condition that does not create a fire and/or health hazard, including repulsive odors. Cleanliness: Tenant shall maintain all interior and exterior areas of the leased premises in a clean and sanitary condition free from debris, garbage, and physical hazards. Tenant agrees to maintain the assigned unit by ensuring routine cleaning is done throughout the leased premise on a regular basis. Routine cleaning includes but is not limited to vacuuming, sweeping and washing floors, scrubbing the tub/shower, scrubbing the toilet and sinks and countertops, dusting, washing dishes and countertops, cleaning appliances inside and out, discarding and removing trash and recyclables. Grills and Lighter Fluid: Gas and charcoal grills and lighter fluid are prohibited from being stored and/or used on patios, balconies, and inside apartments. Security System/Intercom: Tenant agrees to keep the lease premises’ door locked at all times except when entering and exiting. Tenant agrees not to allow anyone into the building or leased unit who is not authorized to be there. Tenant shall not buzz anyone into the building until they know who is requesting entry and that they are either a household member or authorized guest.
3 Updated: 3/30/2018
Appliances, Electronic Items, and Mattress/Box Springs Disposal (This does not apply at Romnes). 1. Electronic Items like: TV, Computers, Microwaves, etc.: The City of Madison charges a fee to recycle many appliances, televisions, computer monitors, laptop and desk top computers. This fee applies to appliances left at the curb for collection or brought to the two City drop off sites as well as to TV's and computer components which are not picked up at the curb and must be brought to our drop off sites. If CDA is charged for removal and disposal of below items, the charges will be passed on to resident.
Disposal Fees and Items $35 Disposal Fee Items $15 Disposal Fee Items $10 Disposal Fee Items *** Air Compressors Fluorescent light fixtures Computer Monitors Air Conditioners Gas Grills Desk Top Computers Copiers Lawn Mowers Lap Top Computers Dehumidifiers Microwave ovens Televisions Small "dorm" Refrigerators Dryers weighing less than 50 pounds *** THESE ITEMS ARE NOT Freezers Snow Throwers COLLECTED CURBSIDE AND MUST BE BROUGHT TO OUR Large Medical Device DROP OFF SITES Ovens Ranges Refrigerators Stoves Trash Compactors Washers
Residents must purchase a sticker to attach to appropriate appliances left at the curb or brought to a drop off site. Note: Televisions, computers (including laptops and CPUs), and monitors are no longer collected at the curb. These items must be brought to a drop-off site for recycling. APPLIANCE FEE STICKERS ARE AVAILABLE AT THE FOLLOWING OUTLETS: Order online By Mail: Street Division, 1501 W. Badger Rd., Madison, WI 53713 In person: During regular business hours Monday - Friday 8am - 4pm City Treasurer: 210 Martin Luther King Jr. Blvd. Street Division: 1501 W. Badger Rd., or 4602 Sycamore Ave. All Madison Public Library branches during their regular business hours 2. Mattress/Box Springs Mattresses and box springs are now recycled and will continue to be collected as part of the City of Madison Streets Division's regular large item program. Large items are collected every other week, on the same day as your regular trash. Your large item collection occurs on the week we do NOT collect your recycling. A THERE IS NO LONGER A FEE FOR MATTRESS AND BOX SPRING COLLECTION AND RECYCLING. Residents must place the mattress and box spring at the curb separate from regular trash. Do not pile trash on bedding. If CDA is charged for removal and disposal of Mattress/Box Springs, the charges will be passed on to resident.
4 Updated: 3/30/2018
TRIANGLE HOUSE RULES
The purpose of house rules is to ensure that all residents can enjoy a clean, safe and quiet environment. Let’s work together to make the Triangle a pleasant place to live.
702 Braxton Place Madison WI 53715 608-266-4381
GENERAL The common area hallways, breezeways, corridors, sidewalks, and stairways of the buildings may not be obstructed or used for any other purpose than entry and exit from apartments. Do not leave personal belongings such as, but not limited to, bicycles, toys, rugs, shoes, garbage bags or any other sort of debris in these areas at any time. Garbage: Garbage should be tied up securely in bags and carried out to the dumpsters or placed in the trash chute if appropriately sized. Do not place garbage in hallways, stairwells, or laundry rooms. Do not stuff large items into the trash chutes. Do not leave bags of garbage on the ground, place them inside the dumpster. Pet Waste: Pet waste such as dirty kitty litter must be securely bagged and disposed of. Do not empty litter boxes into the dumpsters or trash chute without bagging it securely. Recycling: Place recyclables in dumpster marked for Recyclables. You do not have to separate items (such as glass, paper, and plastic). Place the bag of recyclables inside the dumpster; do not leave bags on the ground. Balconies/Patios: Do not store garbage, trash or furniture designed for indoor use on patios/balconies. Noise Levels: Noise, music, barking dogs, and/or other loud noises are not permitted. Your activities should not be disturbing the right to peaceful enjoyment of accommodations for other residents, staff, or contractors. No-Smoking: Smoking is not allowed anywhere on CDA property. Alcohol: Consuming alcohol or having open containers of alcohol on the grounds, in the common areas (including sidewalks, parking lots, driveways, patios), is prohibited by CDA and per City Ordinance MGO 23.07(5) (“No person shall possess or consume any amount of an alcoholic beverage, whether in an open or closed container, on the property of another without the permission of a person lawfully upon the premises.”) CDA does not authorize consumption of alcohol in the common areas listed above. Courtesy and Respect: Obscene or profane language/conduct is forbidden. Tenants shall not annoy, harass, intimidate, gossip, bully, or inconvenience any other tenant(s) or neighbor(s) with inappropriate, lewd, or inflammatory behaviors. This includes public indecency/exposure, and the excretion of bodily waste in a common or public area. Laundry: Non residents may not use the CDA laundry machines or rooms for any purpose. Landscaping: Tenant’s shall not alter, disturb, or interfere in any way with the grounds or landscaping. Tenants are not allowed to plant gardens, trees, or any plantings on CDA property without prior written consent. Wall Hangings: Tenants are not permitted to paint the walls. Picture hangers using a small nail or pin are permitted. However, Tenant is responsible for the cost of repairs or painting required as a result of unpermitted painting, hanging of pictures or other objects. Grocery Carts: Grocery carts may not be stored in your apartment and should be returned to the community room once you unload. Toys: All toys must be kept in your rental unit.
GUESTS/VISITORS:
Behavior: Tenants are responsible for the behavior of their guests. A violation of the house rules by a guest will be treated as a violation by the resident. Security Passes/Keys: Residents may not give their security passes or keys to other people to use to gain access to the building or your apartment. Security passes and keys are strictly for the authorized resident’s use. Mailing Address: No one other than the Head of Household and other persons listed on the CDA lease may use the tenant’s mailing address. Visiting CDA Property: Resident’s must be with their guests at all times. Guests/visitors should carry an ID with them at all times and be prepared to show it if asked by CDA, security guards, police officers, or HUD Service Coordinators. Your guests are required to provide their full name and address if they are asked to provide this information by any of the above named City staff and/or contractors. Guests/Visitors Inside Units: Guests and visitors shall be with CDA resident at all times. Guests and visitors shall not be in resident’s apartment while the resident is not at home. All guests/visitors are required to leave CDA premises when a CDA resident leaves. Guests/visitors may not wait in common areas or on the CDA grounds. Trespassing/Banned Individuals: People that are banned from CDA property are not allowed to be on the grounds, in the buildings, or in an apartment/townhome. If a CDA resident allows a banned individual onto the property or into their unit that CDA resident is in violation of their lease and subject to eviction action.
HEALTH & SAFETY
Residents shall maintain their apartments in a condition that does not create a fire and/or health hazard, including repulsive odors.
Cleanliness: Tenant shall maintain all interior and exterior areas of the leased premises in a clean and sanitary condition free from debris, garbage, and physical hazards. Tenant agrees to maintain the assigned unit by ensuring routine cleaning is done throughout the leased premise on a regular basis. Routine cleaning includes but is not limited to vacuuming, sweeping and washing floors, scrubbing the tub/shower, scrubbing the toilet and sinks and countertops, dusting, washing dishes and countertops, cleaning appliances inside and out, discarding and removing trash and recyclables. Grills and Lighter Fluid: Gas and charcoal grills and lighter fluid are prohibited from being stored and/or used on patios, balconies, and inside apartments. Security System/Intercom: Tenant agrees to keep the lease premises’ door locked at all times except when entering and exiting. Tenant agrees not to allow anyone into the building or leased unit who is not authorized to be there. Tenant shall not buzz anyone into the building until they know who is requesting entry and that they are either a household member or authorized guest.
______CDA Resident Date
______Address
F:/Hocommon/Triangle/TriangleHouseRules CommunityDevelopmentAuthority
30 W. Mifflin Street, Suite 501 Madison, Wisconsin 53703 ph (608)266.4675 fx (608)264.9291 email [email protected] mail P.O. Box 1785, Madison, WI 53701-1785
February 5, 2018
[First Name] [Last Name] [Address 1] [Address 2] [City] [State] [Zip Code]
Dear CDA Resident:
The Community Development Authority (CDA) must ensure that its lease is compliant with the latest rules and regulations issued by the Department of Housing and Urban Development (HUD). This is to inform you that the CDA will be revising its Public Housing Lease. A summary of the changes are as follows: Tenant must sign a release of information (24 CFR 5.230 and 960.259) Specifies “sexual assualt” as a crime covered by VAWA (24 CFR 5.2003) Emergency transfer under VAWA, including eligibility, documentation, confidentiality (24 CFR 5.2005) Notices of eviction will be given to the tenant pursuant to the methods described in Wis.Stat.704.21(1) Non-Standard Rental Provisions for CDA Residents (Repayment Agreement, Carbon Monoxide Detectors, Smoke Alarms, No-Smoking Policy, Notice of Domestic Abuse Protections, and Disposition of Personal Property) Please note that you have 30-days from the date of this notice, to comment on the lease changes. The proposed lease changes will be available on-line at: www.cityofmadison.com/housing. A copy of the new lease will also be available for review at your site office or the downtown office, during regular business hours. In addition, the CDA will collect comments from the Resident Advisory Board, and the lease changes will be reviewed by the CDA Board of Commissioners.
Please feel free to submit your written comments by March 6, 2018 to: CDA – Housing Operations ATTN: Lisa Daniels P.O. Box 1785 Madison, WI 53701-1785
Thank you! Community Development Authority
If you or any member of your family need an interpreter, materials in alternate formats, or if you require a reasonable accommodation due to a disability to apply for, receive, or continue to receive this service, activity, or program, please contact Housing Operations at (608) 266-4675 or [email protected].