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Policies > Section 8 Admin Plan Ch 14: Programs & Special Housing Types

Section 8 Admin Plan

Chapter 14:Programs & Special Housing Types

14.1 Family Unification Program

14.1.1 General Description

The Family Unification Program (FUP) is a program for Families referred to the BHA by the Department of Social Services (DSS). Once the Family is determined to qualify by DSS, the referral form for the Applicant is forwarded to the BHA. DSS provides the BHA with a completed Family certification form which will certify whether the lack of adequate housing is a primary factor in the imminent placement of a Family's child or children in out-of-home care or in the delay of reuniting a child or children who are in out of home care with the Family. The BHA will notify DSS when the waiting lists opens and DSS may refer Applicants to the waiting list at that time.  See also section14.1.5.           

14.1.2  Goals of the FUP 

The goal of the FUP is to help Families within the child welfare system to find affordable and decent housing in a safe and supportive environment. 

14.1.3  DSS Role in the FUP 

The mission of the DSS is to protect children and provide preventative services which aid and support a Family environment.  DSS experience indicates that housing is unequivocally a critical element to the stability of any Family.  As part of the DSS role in protecting children who have been abused, DSS provides services which enable children to occupy a safe, caring home.  Therefore, the DSS is pleased to commit the necessary resources to the FUP.   

14.1.4  Placement Definitions that Qualify Families for FUP           

The following definitions have been established to identify the Applicants who may be eligible to participate in the Family Unification Program. 
(a)        For families with children in placement: 

(1)        Children are in placement as documented by an “Authorization for Placement Services” provided by the Department of Social Services, or a private agency acting on behalf of the Department; and
(2)        Children are remaining in placement due to lack of adequate housing as documented by the child's Family Assessment, the Service Plan, the Progress Supervisory Review Form, or other written documentation authorized by the area director; or
(3)        Children are to be returned to the Family as documented by the Service Plan, where the return date is past or pending within 90 days, and lack of adequate housing is a documented barrier to the plan with respect to the reunification of Family in a residence/home. 

(b)        For families with children not in placement:  

(1)        Lack of adequate housing has been identified; and the Family is unable to find safe, decent and affordable permanent housing; the Family is at risk of out-of-home care for their children due to homelessness.
(2)        Lack of adequate housing exists if the Family lives in substandard housing, the Family is homeless, the Family is displaced by Domestic Violence, or the Family is living in an Overcrowded Unit.
(3)        A person who is imprisoned or otherwise detained pursuant to an Act of the United States Congress or a Federal or State Law will not be eligible to become a member of the Family Composition under the Family Unification Program. 

 14.1.5  Identifying Eligible Family Unification Program Families 

DSS will identify Families who appear to meet the eligibility for the FUP.  DSS will certify whether the lack of adequate housing is a primary factor in the imminent placement of a Family's child or children in out-of-home care or in the delay of reuniting children who are in out-of-home care with the Family.  This certification form is completed by DSS.  The certification is approved by a DSS supervisor and then forwarded to the Regional Office FUP Coordinator who will make the final determination of eligibility for the FUP. Once the Family is determined to qualify by DSS, the referral form for the Applicant is forwarded to the BHA. The BHA shall maintain a FUP waiting list.  If all slots in the FUP are full, the Applicant/Participant is placed on the FUP waiting list according to the date and time of application.  Such waiting list shall be closed if the BHA receives a sufficient number of Applicants to maintain an adequate waiting list and the BHA notifies Applicants that the waiting period has become excessive.  The BHA will notify DSS when the waiting lists opens and DSS may continue to refer Applicants to the waiting list at that time.  The BHA will make a determination of final eligibility for the Housing Choice Voucher Program for a FUP Applicant.  

14.2     Non-Elderly Disabled Housing Program (Mainstream Program) 

The Non-Elderly Disabled Housing Program (Mainstream Program) is designed to provide housing assistance in the form of a one-bedroom voucher to a Disabled Person who is under the age of sixty-two (62). In addition to Section 8 assistance, the BHA has created a network of services to aid Mainstream Program Applicants and Participants in their search for housing.  These services include referrals to agencies within the Boston area who offer support such as housing search assistance, information on disability issues, and advocacy services for a Disabled Person. 
A Mainstream Program Applicant will be required to verify their disability by presenting the Disabled Certification Form signed by a medical or rehabilitation professional or qualified non-medical service agency whose function is to provide services to the Disabled. The Applicant will also have to meet income guidelines set by the Section 8 program and must also be eligible for a one-bedroom Apartment under BHA Subsidy Standards.  After all eligibility requirements for the Section 8 program and the Mainstream Program have been determined, an eligible individual is offered a Voucher to begin searching for housing.  As a Reasonable Accommodation, Mainstream program Participants shall be offered a two-bedroom Voucher if the BHA approves the Participant’s request for a Personal Care Attendant as an exception to the BHA’s Subsidy Standards.
An Applicant who meets the definition of a Disabled Person and qualifies for a one-bedroom Voucher will be taken in the order of the BHA waiting list (based on date and time of application).  An Applicant will be required to complete the requisite certification form regarding the existence of a Disability.  An Applicant on the waiting list will also be required to provide documented proof of their Priority status.  Respondents to this notification will be placed onto a separate, Non-Elderly Disabled Housing Program waiting list.  Such waiting list shall be closed if the BHA receives a sufficient number of Applicants to maintain an adequate waiting list.  The BHA will give public notice in a local newspaper of general circulation, neighborhood newspapers, and also by Minority media whenever the BHA is opening the waiting list to Applicants and will state where and when to apply. 

14.3     Family Self-Sufficiency (FSS) Program  

14.3.1  Introduction 

The BHA developed its FSS Program for current HCVP Participants.  The FSS Program is voluntary and offers Families an opportunity to receive supportive services as they work towards economic self-sufficiency by building savings through an escrow account.  The BHA surveys all HCVP Participants to determine interest in participating in the FSS program.  An interested Participant will be given an opportunity to apply for the FSS Program. 

14.3.2  Eligibility and Recruitment 

The FSS Program is open to current HCVP Participants.  The BHA periodically surveys all HCVP Participants to determine their interest in the program. To facilitate this effort, a brochure has been developed to promote the program.  Leasing Officers discuss the availability of the FSS Program to Applicants/Participants when they attend their annual Recertification appointment. Applicants/Participants who indicate an interest in the program are placed on a waiting list and invited to a group or individual information/intake appointment and provided with the opportunity to apply for the FSS Program.  People will be invited in order, i.e. "first come, first served".   

14.3.3  Individual Training & Service Plan (IT&SP) and FSS Contract 

The BHA employs coordinators whose primary duties are to work with FSS Families. The FSS Coordinator performs a "needs assessment" of each Applicant in order to determine what services are necessary for the Family to achieve the goal of self-sufficiency.  The Coordinator uses the "needs assessment" to develop an Individual Training and Service Plan (IT&SP) for the Family.  This plan breaks the large goal of self-sufficiency into smaller interim goals and outlines the activities and services necessary, along with an estimated time frame to achieve these goals.  Interim goals help the FSS Coordinator and the Family to measure success and are required by HUD regulations.
Upon completion of the IT&SP, the FSS Coordinator will prepare the Family's FSS Contract of Participation.  The FSS Contract includes the effective date, term, responsibilities of the Family and BHA and provisions for establishing an escrow account.  Both the Contract and the IT&SP are explained by the FSS Coordinator who also obtains any release of Information forms necessary to monitor the plan and contract. The IT&SP and FSS Contract are signed by both the Head of Household and the FSS Coordinator.  The term of the FSS Contract is for five years and may be extended for up to two years. 

14.3.4  Monitoring/Case Management 

The FSS Coordinator monitors the IT&SP during the term of the FSS Contract and provides case management services.  The FSS Coordinator links the Family with services and provides support to help the Family achieve its goals. Individual appointments are scheduled as necessary and the FSS Coordinator is also available by telephone for crisis intervention to help the Family achieve the goals set forth in the FSS Contract.  FSS Participants are required to keep at least 2 appointments per year, although many Participants will meet with their FSS Coordinator on a much more frequent basis.  Workshops are held for FSS Participants throughout the year and include topics such as budgeting, credit repair, homeownership and stress management.  

14.3.5  Escrow Account 

The FSS program requires establishment of an escrow account.  The FSS Coordinator explains the process for creation and maintenance of the FSS escrow account during the initial intake/information session and at the time of FSS Contract execution. The BHA uses Housing Assistance funds paid by HUD for the FSS Escrow deposits.  The figures of Annual Income, Earned Income and Total Tenant Payment (TTP) on the FSS Contract of Participation become the baseline for future escrow calculations.  If the Family's TTP increases due to an increase in earned income beyond the baseline figures, the difference is escrowed.  When the BHA calculates that the FSS Participant is entitled to its first FSS credit (generally at the annual or interim re-certification), an escrow account will be established.  The BHA will utilize an escrow account credit worksheet to calculate the amount to be deposited into the escrow account. The BHA is required to deposit all escrowed funds into a single depository account for the entire FSS Program so that the IRS will not count the funds or interest for purposes of income tax.  Funds held by the BHA will be invested in HUD-approved investments specified in HUD Handbook 7475. FSS Participants will receive an annual report on the status of their escrow funds at the end of each fiscal year.
The amount in the FSS account, in excess of any money owed to the BHA, is paid to the Head of Household upon successful completion of the FSS Contract.  The BHA may disburse a portion of the FSS account before the end of the Contract if the Participant has fulfilled certain interim goal(s) and the money is necessary for completion of the FSS Contract goals.  
Escrow deposits are made by the BHA on the assumption of rent paid by the tenant. If a Family does not pay their rent to the their landlord the escrow funds may be forfeited because failure to comply with the lease is a Family obligation under the FSS program. Nonpayment of rent is grounds for terminating a Family's FSS participation and subsidy and forfeiture of the escrow.   See section 13.2.1. 
If a program Participant is terminated from the HCVP at any point during the term of the FSS contract, or if the Family is still receiving Temporary Aid for Needy Families (TANF) benefits at the end of the term of the Contract of Participation, the Family's accumulated escrow account will be returned to the BHA. The BHA will use such funds for HUD approved expenses and will be treated as additional program receipts. 

14.3.6  Portability 

Participating FSS Families are required to Lease an Apartment within the Commonwealth of Massachusetts for the first twelve months of the contract. After this period, a Family may utilize Portability. An FSS Family that chooses to move outside Boston must meet with the Coordinator to determine the best course for their FSS participation. The following options may be available:
The Family continues in the BHA's FSS Program if they are able to maintain services and activities outlined in the IT&SP.
The Family may enter the FSS Program of the Receiving Housing Authority if this option is available.  The Family must demonstrate that they will be able to complete the FSS Plan in the new area. The Family would enter an FSS Contract with the Receiving Housing Authority for the term remaining on the Family's contract with the BHA. The BHA will then terminate its contract with the Family.
If the Receiving Housing Authority does not have a FSS Program, or has no opening within its FSS Program, or the Family decides not tot continue in the FSS Program, the BHA will terminate its FSS Contract with the Family and any escrow funds will revert back to the BHA.  To ensure continuity of service, the BHA will provide opportunities for FSS Program participation for a Family coming into Boston. 

14.3.7  FSS Contract Compliance 

The IT&SP will be monitored by the FSS Coordinator.  A FSS Participant is required to meet with the FSS Coordinator at least twice a year to determine if the Family is complying with their plan. A FSS Participant who has not kept an appointment with the FSS Coordinator for one (1) year will be placed on probation.  A FSS Participant who does not keep appointments for two (2) years will be sent proposed termination notices from the program. An FSS Participant must comply with the terms of the Lease, including payment of their rent share to the landlord.
If the FSS Coordinator determines that the Family is not keeping appointments with the FSS Coordinator, is failing to actively participate in activities according to the time frames specified in their contract or if they are in violation of any provision of their contract of participation, a conference will be scheduled to discuss the violation(s).  At the conference, the Coordinator, will attempt to resolve the matter by obtaining an understanding of why the Family is not in compliance and determine if adjustments to goals, services, and/or the timetables are necessary and/or appropriate in an effort to help the Family complete their FSS Contract. The Family will be advised that the FSS Contract can be terminated and any escrow funds will be forfeited upon further violations of the FSS Contract.  In most cases, problems are resolved at this step.  However, if the FSS Coordinator is unable to reach a satisfactory resolution with the Family, additional administrative action may be necessary.
If additional violations of the FSS Contract occur, or the conference does not successfully resolve the matter, the Coordinator will propose termination of the FSS Contract.  A letter proposing termination will be sent to the tenant via Certified Mail.  The letter will state the reason(s) for the proposed termination and inform the Participant that (s)he has the right to request a conference if there is disagreement regarding the termination.  The Participant will be advised to put the request for a conference into writing within ten (10) days to the FSS Coordinator. 
At the conference, the Family may state its objection to termination of its FSS Contract.  The Coordinator will bring this information and recommendations to hi(s)her supervisor.  After a review of this information by the supervisor, the Family will be notified in writing within ten (10) business days of the decision to terminate the FSS Contract or to further modify the plan.  If the decision is to terminate, the Family will receive a 30-day notice of this action and will forfeit all funds in its escrow account.
The BHA will not terminate HCVP assistance because of the Family's failure to meet FSS responsibilities (see PIH notice 95-5).  Section 8 assistance will be terminated only as provided by HUD and the BHA in the manner applied to all Section 8 subsidy holders. 

14.3.8  FSS Contract Completion 

Completion of the FSS Contract occurs when:
(a)        The Family has fulfilled all of its responsibilities under the contract; or
(b)        30% of the Family's monthly-adjusted income is equal to or greater than the Payment Standard amount for the Unit size for which the Family is eligible, or the Gross rent for the Unit rented.
(c)        At any time during the term of the contract of Participation, the BHA may determine that the Family has met its obligations under the FSS Contract.  At that time, the amount in the Family's escrow account, less any amount owed to the BHA, will be paid to the Head of the Household.
(d)        The BHA reserves the right to terminate the FSS Contract of Participation before its expiration date under the following circumstances: 

(1)        On determination that the Head of Household or participating Family member failed to fulfill the terms of the contract or any extensions thereof;
(2)        The Family withdraws from the FSS Program;
(3)        By mutual consent of both parties;
(4)        For an act(s) that is/are deemed inconsistent with the purposes of the FSS Program;
(5)        By operation of law; or
(6)        When the participating Family is no longer receiving Section 8 assistance.
(7)        The BHA may declare the Contract null and void if resources and services necessary to complete the contract are not available.  If resources and services aren’t available, can BHA may release the escrow to the tenant that has been accrued to date.            

14.3.9  FSS Program Coordinating Committee 

The BHA has brought together a variety of community agencies and private businesses to serve on the FSS Program Coordinating Committee.  The Coordinating Committee works with the Service Coordinators to help identify and obtain services necessary to implement the program.  The Coordinating Committee meets on a regular basis and the coordinators may consult with individual committee members between meetings.  New committee members may be solicited from the community.  The committee provides support and information to help the FSS Program serve as many families as possible. 

14.4     Designated Housing Vouchers 

Designated Housing Vouchers enable a non-Elderly Family with a Disabled Person, who would be eligible for public housing if occupancy were not restricted to Elderly families to lease safe, decent and affordable housing. These Vouchers also assist a Family affected by a BHA decision to designate their buildings as "mixed Elderly and disabled buildings" but demonstrate a need for alternative resources for a Family with a Disabled Person. 

14.4.1  Families Eligible for Designated Housing 

A Non-Elderly Family with a member who is Disabled Person that is income eligible and lives in public housing that has been designated for occupancy or is on the public housing waiting list, does not need to be listed on the BHA’s HCVP waiting list receive HCVP assistance. Instead, these types of Families may be admitted to the HCVP as a Special Admission. 

14.5     Skinner Program 

In 1989 US District Court Judge Walter Skinner ruled against HUD and ordered the agency to design a program to “facilitate access to suburban housing opportunities for low-income minority households.”  As a result the federal government made a special award of Section 8 Vouchers to the BHA. The Vouchers, called Skinner Vouchers, are to be used specifically to help minority Families explore housing opportunities in non-minority areas.  The Boston Fair Housing Commission (BFHC) is responsible for providing counseling services to Families in the Skinner program.
Admission under the Skinner Program is considered a Special Admission by HUD.  The BHA will issue Skinner Vouchers, when available, to Families who meet the following criteria:
·         Minority Head of Household
·         At least one child under the age of 18
·         Willing to move to a predominantly non-minority area in metropolitan Boston. 

14.6     Special Housing Types 

BHA will not permit the use of any special housing types other than those listed here. 

14.6.1  Shared Housing 

HUD defines Shared Housing as an Apartment occupied by two or more Families. The Unit consists of both common space for shared use by the occupants of the Unit and separate private space for each Family.  A Voucher may be used in Shared Housing in accordance with 24 C.F.R. §§ 982.615-618.
Shared Housing permits the assisted Family to share a Unit with one or more assisted, or unassisted families. Zero and one-bedroom units are not eligible for Shared Housing assistance.
The Owner of a Shared Housing Unit may live in the Unit with the assisted Family and enter into a HAP Contract with the BHA provided that there is no blood, marital, or domestic partnership ties between the Owner and the assisted Family. Under no circumstances may housing assistance payments be made on behalf of an Owner. The BHA may approve a Personal Care Attendant in Shared Housing and must approve one if a Disabled Person needs a Reasonable Accommodation to readily access and use the program.
(a)        Unit Requirements. There must be a separate HAP Contract and Lease for each assisted family residing in a Shared Housing Apartment. The entire Apartment must pass HQS and additional BHA inspection standards and provide adequate space and security, for all its residents, not just for the assisted Family. There must be at least one private bedroom for each two members of the assisted Family and the number of bedrooms may not be less than the Family Unit Size. In addition to the private space for the assisted Family, the Apartment must have a living room, sanitary facilities in accordance with 24 C.F.R. § 982.401(b) and food preparation and refuse disposal facilities in accordance with 25 C.F.R. § 982.401(c). The Rent to Owner may not exceed the pro-rata portion of the Reasonable Rent for the Shared Housing dwelling Unit. 
(b)        Payment Standard and Rent. The Payment Standard for a family residing in a Shared Housing Unit is the lower of: 

(1)        The Payment Standard amount for the Voucher Size; or
(2)        The pro-rata share of the Payment Standard amount for the size of the Apartment.
(3)        Pro-rata share means the number of bedrooms for the private use of the assisted Family divided by the total number of bedrooms in the Unit. For instance, if the family required and had private use of three bedrooms in a five-bedroom Unit, then its Payment Standard would be the lower of: 

(i)         The 3 bedroom Payment Standard; or
(ii)        Three- fifths of the 5 bedroom Payment Standard, or
(iii)       Three-fifths of the Gross Rent. 

The utility allowance is the pro-rata portion of the Utility Allowance for the Shared Housing Unit. Only the assisted Family gross income is used to determine the TTP. The TTP is subtracted from the Payment Standard, as determined above, to determine the maximum HAP. If the maximum HAP exceeds the pro-rata share of Rent to Owner, the Family may receive up to the difference as a pro-rata tenant-paid Utility Allowance. 

(c)        Who may reside in Shared Housing? Two or more Families assisted by the BHA may enter into a Shared Housing arrangement provided that each family has private use of its Family Unit Size number of bedrooms. 

14.6.2  Cooperative Housing 

HUD defines a Cooperative as Housing owned by a corporation or association, and where a member of the corporation or association has the right to reside in a particular Apartment, and to participate in the management of the housing.
A Voucher may be used in Cooperative Housing in accordance with 24 C.F.R. § 982.619. The initial contract rent will be the monthly carrying charges under the Lease/Occupancy Agreement between the cooperative members and is subject to the BHA’s Payment Standard limitations. The carrying charges consist of the member’s proportionate share of the debt service, operating expenses and necessary payments to the reserve funds of the cooperative. Monthly carrying charges cannot include down payment or loan repayments to purchase membership shares. 

14.6.3  Manufactured Home                    

HUD defines Manufactured Home as a manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence, and meets HQS as well as the following additional requirements. The Manufactured Home must be placed on the site in a stable manner, and must be free from hazards such as sliding or wind damage. A tie-down device that distributes and transfers the loads imposed by the Unit to appropriate ground anchors to resist wind overturning and sliding must securely anchor the manufactured home.
A voucher may be used in a manufactured home in accordance with 24 C.F.R. §§ 982.620-624.
(a)        Payment Standard. The Payment Standard for the space only is the lower of the space rent or 40% of the 2 bedroom FMR. 

Space rent is the sum of the following as determined by the BHA:
(1)        Rent to Owner for the manufactured home space;
(2)        Owner maintenance and management charges for the space;
(3)        The utility allowance for tenant paid utilities. 

(b)        Required Forms. The BHA shall use form HUD-52642, the Housing Assistance Payments Contract and form HUD-52642-A``, and the Tenancy Addendum for Manufactured Home Space Rentals. 

14.6.4  Single Room Occupancy Housing 

HUD defines Single Room Occupancy housing as a Unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. A Voucher may be used in SRO housing in accordance with 24 C.F.R. §§ 982.602-605.
A separate Lease and HAP Contract must be used for each assisted person residing in a SRO.
The Payment Standard is the lower of the Rent to Owner or 75% of the BHA zero bedroom Payment Standard.
The utility allowance is 75% of the zero-bedroom utility allowance. 

14.6.5  Group Homes 

HUD defines a Group Home as a dwelling Unit that is licensed by a State as a Group Home for the exclusive residential use of two to twelve persons who are Elderly or Disabled Persons (including any Personal Care Attendant).  A Voucher may be used in a Group Home in accordance with 24 C.F.R. §§ 982.610-614 provided its use will make a difference to the individual; e.g., enable the Applicant to change and improve their housing situation.
An Applicant residing in a Group Home may not use a Voucher to Lease in-place if the primary change for the Applicant would be in the state or federal agency that is paying for his housing assistance.
A separate Lease and HAP Contract must be used for each assisted Family.
(a)        Rent.  The Rent to Owner may not exceed the pro-rata portion of the reasonable rent for the Group Home, i.e., dividing the number of persons in the assisted household by the total number of residents residing in the Group Home.  If the Applicant will have private facilities, such as a private bedroom and sanitary facilities, the Family Unit size is one; otherwise the family Unit size is zero.
(b)        Payment Standard. The Payment Standard is the lower of: 

(1)               The Payment Standard amount or
(2)               The pro-rata portion of the Payment Standard amount on the BHA Payment Standard for the Group Home size. 

(c)        Utility Allowance. The utility allowance for each assisted person residing in a Group Home is the pro-rata portion of the Utility Allowance for the Group Home Unit size. 

14.6.6  Congregate Housing 

HUD defines Congregate Housing as housing for Elderly or Disabled Persons that meets the HQS for congregate housing. 
A voucher may be used in Congregate Housing in accordance with 24 C.F.R. §§ 982.606-609 provided its use will make a difference to the individual; e.g., enable the Applicant to change and improve their housing situation.
A separate Lease and HAP Contract must be used for each assisted Family.  The Payment Standard is the zero-bedroom Payment Standard amount or zero-bedroom exception Payment Standard amount, if any.
If there are two or more rooms in the Unit, not including kitchen or sanitary facilities, the Payment Standard is the one bedroom Payment Standard amount. 

14.7     HUD-VASH Program 

The BHA will administer the HUD Veterans Affairs Supportive Housing Vouchers (“HUD-VASH”) in accordance with this Administrative Plan, 24 CFR part 982, and Docket No. FR-5213-N-01 and any subsequent notice, guidance, or regulation that amends or supersedes Docket No. FR-5213-N-01 

14.7.1  Background 

The HUD-VASH program combines the HCVP for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (“VA”) at its medical centers and in the community.  Ongoing VA case management, health, and other supportive services will be made available to homeless Veterans through the Boston Veterans Affairs Medical Center (“VAMC”).   

14.7.2  Identification of HUD-VASH Vouchers 

To ensure availability of a HUD-VASH voucher upon turnover, the BHA will maintain records that allow for the easy identification of all HUD-VASH vouchers.  The BHA will also identify these families in the Public and Indian Housing Information Center (“PIC”). 

14.7.3  Family Eligibility and Selection                       

The VAMC will screen all Families in accordance with its screening criteria. 
The VAMC will refer HUD-VASH eligible families to the BHA for the issuance of vouchers.  The BHA will not maintain a waiting list for the HUD-VASH program and will not apply eligibility priorities or preferences to HUD-VASH Applicants.
The BHA shall not deny HUD-VASH applicants for any of the grounds listed in 24 C.F.R. 982.552 or 24 C.F.R. § 982.553 with the exception of 24 C.F.R. 982.553(a)(2)(i), which requires the denial of sex-offenders who have a life-time registration requirement.

 14.7.4  Civil Rights and Reasonable Accommodation 

Fair Housing requirements prohibit the discrimination on the basis of race, color, religion, sex, familial status, national origin, or disability.  When Disabled Veterans are HUD-VASH recipients, reasonable accommodation standards apply.  See also Section 1.2.4.  

14.7.5  Income Eligibility 

The BHA must determine the Income Eligibility for HUD-VASH Applicants in accordance with 24 C.F.R. § 982.201 and Section 5.5.1 of this Administrative Plan.  The BHA is not required to include HUD-VASH vouchers in the income targeting requirements set forth at 24 C.F.R. § 982.201(b)(2) and Section 5.5.2 of this Administrative Plan. 

14.7.6  Initial Term of the Voucher 

The HUD-VASH voucher must have an initial search term of 120 days, which is the same as the initial search term required by this Administrative Plan.  See Section 7.2 for the policies regarding initial voucher term length and term extensions and suspensions. 

14.7.7  Initial Lease Term 

Initial lease terms may be less than one-year for HUD-VASH Participants.  

14.7.8  Ineligible Housing

HUD-VASH Families will be permitted to live on the grounds of a VAMC.  This effectively waives the regulation set forth at 24 C.F.R. §982.352(a)(5) which prohibits HCVP unit on the grounds of a medical, mental, or similar public or private institution. 

14.7.9  Portability of HUD-VASH Vouchers 

If the Family initially leases up, or moves under portability provisions, but the initial PHA’s partnering VAMC will still be able to provide the necessary case management services due to the proximity to the partnering VAMC, the receiving PHA must process the move in accordance with the Portability procedures of 24 C.F.R. § 982.355 and those in Chapter 12 of this Administrative Plan.  However, the receiving PHA must bill the initial PHA to comply with the record keeping requirements established above.  The receiving PHA does not have the option to absorb the HUD-VASH Family.
When the receiving PHA completes the HUD-50058 under the scenarios above, the action type that must be recorded on line 2a is “1” for a new admission (a Family that is new to the HCVP) or “4” for a portability move-in (a Family that was previously leased up in the jurisdiction of the initial PHA).  Whether the Family is a new admission or a portability move-in, in section 12 of the HUD-50058, line 12d is marked “Y,” 12e must have an amount recorded, and 12f must include the initial PHA’s code. 
If a Family moves where it will not be possible for the initial PHA’s partnering VAMC to provide case management services, the VAMC must first determine whether the HUD-VASH Family could be served by another VAMC that is participating in the program, and the receiving PHA must have a HUD-VASH voucher available for this Family.  If the above conditions are met, the Families must be absorbed by the receiving PHA either as a new admission (upon initial participation in the HUD-VASH program) or as a portability move-in (after an initial leasing in the initial PHA’s jurisdiction). Upon absorption, the initial PHA’s HUD-VASH voucher will be available to lease to a new HUD-VASH eligible Family as determined by the partnering VAMC and the absorbed Family will count towards the number of HUD-VASH slots awarded to the receiving PHA.
When the receiving PHA completes the HUD 50058 under the scenarios above, the action type that must be recorded on line 2a is “1” for a new admission (a Family that is new to the HCVP) or “4” for a portability move-in (a Family that was previously leased up in the jurisdiction of the initial PHA).  Whether the Family is a new admission or a portability move-in, in section 12 of the HUD-50058, line 12d is marked “Y,” 12e must be 0 since the Family must be absorbed, and 12f must be left blank. 

14.7.10  Case Management Requirements 

(a)        The VAMC responsibilities include: 

(i)           Screening of homeless Veterans to determine eligibility for the HUD-VASH program as established by Veteran’s Affairs national office; 
(ii)         Providing appropriate treatment and supportive services to potential HUD-VASH program Participants, if needed, prior to PHA issuance of rental vouchers;
(iii)       Providing housing search assistance to HUD-VASH voucher holders;
(iv)        Identifying the social service and medical needs of HUD-VASH Participants and providing, or ensuring the provision of regular ongoing case management, outpatient health services, hospitalization, and other supportive services as needed throughout this initiative; AND
(v)          Maintaining records and providing information for evaluation purposes, as required by HUD and Veterans Affairs.  

(b)        Participation Contingent on Case Management
As a condition of assistance, a HUD-VASH Participant must receive case management services as described above and the failure to participate in case services without good cause, is grounds for termination.  HUD-VASH Participants will be required to acknowledge on an annual basis that housing assistance is conditioned on participation in case services.  The case management requirement will be an addition to the Family Obligations described in section 13.5.
It is not grounds for termination if the VAMC determines that the Family no longer requires case management.  

14.7.11  Transfer from HUD-VASH to Tenant-Based Assistance 

If the VAMC determines that the Family no longer requires case management or the Veteran will no longer reside with the Family, the BHA may offer the Family a regular tenant-based voucher in the tenant-based program to free up the HUD-VASH voucher for another Family. The offer of tenant-based assistance is pending funding availability.  Receipt of a regular tenant-based voucher is subject to the eligibility requirements set forth in Chapter 5 of this Administrative Plan.  

14.7.12  Project Based-Assistance of HUD-VASH Vouchers 

Upon request from the BHA, HUD (with the support of the VAMC) will consider on a case-by-case basis to project base a HUD-VASH voucher in accordance with 24 C.F.R Part 983.  

14.7.13  Section Eight Management Assessment Program 

Unit months and budget authority associated with HUD-VASH vouchers will not be included in the SEMAP leasing indicator denominator because they are dependent on referrals from VAMC.  Utilization of these vouchers will be monitored separately.   

14.7.14  Reporting Requirements 

The code “VASH” must be used in section 2n of the HUD-50058 form to indicate that the Family is a HUD-VASH Participant.  The “VASH” code must remain on the HUD-50058 for the duration of the Family’s participation in the HUD-VASH program.