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HCV Specialist Certification: A Guide to HUD Housing Choice Voucher Program Regulations, Exams of Commercial Law

College of St. Joseph Commercial Law

This document overviews the Nan McKay HCV specialist certification, focusing on HUD regulations and procedures. It covers lease agreements, HUD notices, administrative plans, voucher issuance, HAP contracts, and stakeholder roles (Congress, President, OMB, state/local governments, PHAs, tenants, owners). It addresses protected classes, discrimination, accommodations, VAWA protections, and eligibility. This guide details the HCV program's framework and compliance, valuable for specialists and administrators. It further details emergency transfers, preapplications, interviews, verification, portability, and definitions related to elderly families, household composition, SSN exemptions, mixed families, and income limits. Restrictions related to students, sex offenders, and drug activity are also touched upon.

Typology: Exams

2024/2025

Available from 05/19/2025

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Nan McKay HCV Specialist Certification

HUD

Allocates funds, develops regulations and procedures, contracts with PHAs to carry

them out, and monitors PHA performance & compliance.

Lease

The contract between a tenant and a landlord

Includes:

a. The names of the owner and tenant

b. The address of the unit rented

c. The term of the lease (initial and renewal terms)

d. A specification of what utilities and appliances are

to be supplied by the owner

e. A specification of what utilities and appliances are

to be supplied by the tenant

Renews according to its terms

Governs the frequency of rent increases

Individuals must have legal capacity in their state in order to sign it

Must have an initial term of at least a year unless the prevailing market practice differs

and the PHA approves a shorter term.

Lists utility responsibilities

An unexecuted copy is turned in with the RFTA when the family finds a unit.

7 Best UK

HUD Notices

Which of the following has a shelf life (usually one year unless extended)?

Administrative Plan

HUD-required written plan that establishes local PHA policies for administering the HCV

program, provides daily guidance to PHA staff, must be adopted and approved by the

board, and must be submitted to HUD.

· Waiting list selection and procedures

· Rules for specific funding

· Definition of family

· Definition of continuously assisted family

· Standards for termination and denial of assistance

· Outreach to landlords in non-low income and non-minority concentrated areas

· Subsidy standards

· Definition of absence from unit

Partial preview of the text

Download HCV Specialist Certification: A Guide to HUD Housing Choice Voucher Program Regulations and more Exams Commercial Law in PDF only on Docsity!

Nan McKay HCV Specialist Certification

HUD

Allocates funds, develops regulations and procedures, contracts with PHAs to carry them out, and monitors PHA performance & compliance. Lease The contract between a tenant and a landlord Includes: a. The names of the owner and tenant b. The address of the unit rented c. The term of the lease (initial and renewal terms) d. A specification of what utilities and appliances are to be supplied by the owner e. A specification of what utilities and appliances are to be supplied by the tenant Renews according to its terms Governs the frequency of rent increases Individuals must have legal capacity in their state in order to sign it Must have an initial term of at least a year unless the prevailing market practice differs and the PHA approves a shorter term. Lists utility responsibilities An unexecuted copy is turned in with the RFTA when the family finds a unit. 7 Best UK HUD Notices Which of the following has a shelf life (usually one year unless extended)? Administrative Plan HUD-required written plan that establishes local PHA policies for administering the HCV program, provides daily guidance to PHA staff, must be adopted and approved by the board, and must be submitted to HUD. · Waiting list selection and procedures · Rules for specific funding · Definition of family · Definition of continuously assisted family · Standards for termination and denial of assistance · Outreach to landlords in non-low income and non-minority concentrated areas · Subsidy standards · Definition of absence from unit

· Residency requirements · Move restrictions · Informal review and hearing processes · Overpayment and repayment policies and procedures · Guidelines for inspections, screening standards and requirements · Voucher term, voucher extensions · Family break up: protocol for who receives voucher Approved by board of commissioners, submitted to HUD Voucher/HUD- 52646 Contract between family and PHA. Initially issued for at least 60 calendar days. Describes family obligations Is issued at initial admission and for moves Authorizes the family to search for a unit Document that authorizes the family to search for an eligible unit which also specifies the size of that unit. Also lists the family obligations under the program. Issuance does not obligate PHA to provide assistance to family Tenant-based Subsidy Type of assistance where families choose their units. HAP Contract/HUD- 52641 Contract between the owner and the PHA. Begins on the first day of lease. Ends on the same day as the lease. PHA must approve a new tenancy and execute a new HAP contract is the family moved into a new unit in the same complex. PHA may pay the owner retroactively if the HAP contract is executed within 60 days of the beginning of the lease term. Terminates if the lease terminates. Part A includes: Initial lease term Initial rent to owner Initial HAP Utilities/appliances provided by tenant & owner Names of all persons who reside in unit May add verbiage the prohibits owners from charging excessive security deposits. Part B includes:

Disability
Family Status Discrimination Being treated differently when you didn't ask to be treated differently. Reasonable Accomodation If the request is reasonable, the PHA may be able to make the change. Accommodations or changes ensure that a person with disabilities has equal access to housing. In the HCV program, a person making changes to the unit may need to pay for the change. Violence Against Women Act (VAWA) Offers protections to victims (men, women, and children) of domestic violence, dating violence, sexual assault, and stalking. Prevents homelessness, protects those who reside in section 8 housing, ensures access to criminal justice system without jeopardizing housing. HUD Protected Classes Race Color Sex Age Disability Familial status religion national origin sexual orientation gender identity marital status Disability - HUD/SS Definition Eligibility, Allowances, and Deductions Disability - ADA More broadly defined than the definition used for eligibility and allowances of a disabled family. Reasonable Accommodation Request A PHA CANNOT require third-party verification to verify the nature and extent of the requester's disability or whether the requester can live independently. Not reasonable if they impose undue administrative and financial burdens of PHA Pertains to all areas of HCV program (not just admissions). If denied the PHA should offer an alternative accommodation that would effectively address the disability-related needs. client can rent from relative only if an exception is needed as RA Live-in Aid

Essential to the care and well-being of the person
Not obligated for support of the person
Would not be living in the unit except to provide necessary supportive services Relatives can be live-in aides as long as they don't overcrowd the unit or result in the need for additional subsidy. HUD- 5380 Official HUD Informing Notice of Occupancy Rights under VAWA Needs to be given at briefing and any termination notices, possible termination with hearing information. Must be provided at admission and along with any notice of denial of eviction. It must be made available in multiple languages per the LEP requirement. Emergency Transfer Plan (ETP) PHAs must establish this for victims of domestic violence, dating violence, sexual assault, or stalking as part of the administrative plan. Preapplication Used when the waitlist is long Ineligibility Notices PHA must notify applicant in writing of: Reasons for determination Family's right to informal review How to arrange for an informal review Working Preference If the PHA gives working preference, the PHA must also give this preference to families whose head and spouse (or sole member) is elderly or disabled. Preference PHA established Optional Only affects the order of applicants on the waiting list Applicant Interview & Scheduling Scheduled 90 days prior to expected voucher issuance. Providing an explanation of the program and family responsibilities Assisting the applicant in completing forms and collecting documentation Setting a deadline for remaining documents to be provided Informing the applicant that a final eligibility decision will be made after the information is verified Verification of Eligibility schedule PHA must obtain no more than 60 days before initial issuance of voucher. Portability Facts The receiving housing authority must add 30 days to the end of the initial's expiration date Billing is due not later than 90 days from the expiration date of the initial housing authority's voucher

Required if the PHA denies assistance. Subsidy Standards Established by the PHA in the administrative plan to determine "family unit size" (voucher size) for families of different sizes and compositions. Provide the smallest number of bedrooms needed without overcrowding Comply with HQS Be applied consistently Window A sleeping room must have. Briefing Voucher issuance is done simultaneously Must include how the program works, family and owner responsibilities, where the families may lease a unit, explanation of portability and a list of contacts at neighboring PHAs May not discourage the family from living anywhere inside or outside the PHA's jurisdiction under portability rules Must explain the benefits of moving to areas without high poverty to all families Must take steps to communicate with persons with disabilities as needed HUD-required voucher packet Must be given when the PHA issues a voucher for the first time. RFTA/HUD- 52517 Request for tenant assistance Must be submitted with a copy of the proposed lease and Tenancy Addendum within the term of the voucher to request approval of a unit before lease up. Tenancy Approval

Unit is eligible
Unit meets HQS standards
Lease includes the HUD tenancy addendum
Rent to owner is reasonable
Unit is affordable HOTMA Housing Opportunity Through Modernization Act of 2016 PHAs may approve tenancy, execute HAP, make payments for units that fail initial inspection if deficiencies are not "life-threatening" but the owner has 30 days after notification to correct the failed items. HQS Housing Quality Standards If a unit is too small the PHA must issue the family a voucher and assist the family in finding an acceptable unit Ineligible Housing College dorms Public Housing

Nursing Homes Owner-occupied units Tenancy Addendum Must be added word-for-word into the owner's lease used for unassisted tenancies (can be an attachment) Adds HUDs program requirements to the owner's lease Initial Lease Term Cannot increase rent Owner Violation If the PHA fails to pay HAP due to abatement for an owner violation, the tenant is not responsible for the amount covered by HAP and the owner may not terminate the tenancy for nonpayment of HAP. Rent Changes Owner must give PHA 60 days notice. Rent Reasonableness To assure that a fair market rent is paid and that the HCV program does not inflate rents in the community. If gross rent exceeds the payment standard, then family share may not exceed 40% of monthly adjusted income. Included in admin plan By accepting monthly HAP the owner certifies the rent to owner is not more than the rent the owner charged for comparable unassisted units. PHA required to determine:

If owner requests increase
If 10%+ decrease in current FMR
HUD may require PHA to conduct rent reasonableness at any time
PHA may elect to do rent reasonableness outside of required time frames Annual Tasks Head, spouse, and all adult family members sign consent forms. The family reporting current income, assets, expenses, and other factors that affect adjusted income. PHA obtaining and documenting verification of changes in income, assets, expenses, and other factors that affect adjusted income. Inspections Can be annual or biennial or both. For PHA-owned units an independent entity inspects HUD- 9886

The initial PHA may choose to allow portability during this Period if the receiving PHA agrees Improper denial may result in admin fee reductions HUD- 52665 Family Portability Information Form Send copy of voucher, income verification, and this Used for Porting the Voucher. Part I is to be completed by the IHA. Part II is completed by RHA. HUD- 50058 Family Report Purpose:

To collect and retrieve detailed information
To make computer matching with Social Security possible
To enable HUD to project program costs
To provide information to HUD and Congress and other interested parties
To enable HUD to monitor PHA performance Created every time the Family is certified. When porting you must send this for participants. Applicants you send it using this format. PHA is responsible for completing and transmitting, reviewing error analysis reports, and correcting errors.

New admissions
Annual reexamination
Interim reexamination
Portability move-in (Vouchers only)
Portability move-out (Vouchers only)
End participation
Other change of unit
FSS/WTW enrollment, progress update, exits for the Family Self-Sufficiency or Welfare to Work Voucher programs
Annual Reexamination searching (Vouchers only)
Issuance of Voucher (Vouchers only)
Expiration of Voucher (Vouchers only)
Flat Rent Annual update (Public Housing only)
Annual HQS Inspection only (HCV only)

Historical adjustment
Void RHA Receiving Housing Authority Decides whether or not to extend the voucher. If family decides to not lease in RHA jurisdiction the RHA refers the family back to the IHA. Does not determine eligibility for a participant family. Must suspend the voucher from the date the RFTA is received to the date the RHA decides whether to approve tenancy. Initial billing from the RHA is due to the IHA: 10 days from the execution of the HAP contract 90 days from the expiration of the IHA's voucher IHA Initial Housing Authority Initial billing submission must be received by the IHA no later than 90 days following the expiration date of the IHA's voucher. Must make payment for initial billing within 30 days of receipt of Part II of 52665. Must notify RHA in writing that late billing will not be accepted. Must ensure that subsequent payments are received by RHA no later than 5th working of each month. Signed Declaration 214 Documents the citizenship status of U.S. citizens and nationals. Student Rule Exemptions Enrolled in an institution of higher education Under 24 Doesn't live with his/her parents Not married Not a veteran No children HUD- 5382 Certification of VAWA alternative form Alternative form for VAWA Documentation HUD- 92006 Supplemental and Optional Contact Info Emergency Contact. Must be completed at briefing.

90 days from the expiration of the IHA's voucher RHA initial billing submission must be received by the IHA no later than 90 days following the expiration date of the IHA's voucher. SSN - Once a baby is born the family has 90 days to disclose the baby's SSN (can extend another 90 days then terminate) ACC Annual Contributions Contract The written contract between HUD and the PHA under which HUD agrees to provide funding for the program, and the PHA agrees to comply with HUD requirements. Disabled Family A family whose head, spouse, cohead or sole member is a person with disabilities. Eligibility Percentages Higher 30% of area median income or the federal poverty level is the extremely low income limit 50% of area median income is the very low income limit 80% of area median income is the low income limit If a family's income is above the applicable income limit, the PHA must deny admission. Criminal Denials

Must prohibit admission for three years from the date of eviction if a household member has been evicted for drug-related criminal activity
Any member of the household is subject to registration as a lifetime sex offender
Reasonable cause to believe that a household member's abuse or pattern of abuse of alcohol or use or pattern of use of illegal drugs rises to the level of a threat
Any household member is currently engaging in illegal use of a drug
Any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing Rent Affordability Affordability assures that assisted families are paying the appropriate portion of their income toward rent and utilities which is defined as not more than 40% of their adjusted monthly income. The affordability check only applies at initial occupancy of a unit when the gross rent exceeds the payment standard. HAP Payments Begin upon execution of the HAP contract Late Fee

PHA would not be required to pay an owner late fees if:

HUD determines the late payment was due to factors beyond the PHA's control
The PHA is delaying or denying HAP payments as a remedy for owner breach of the HAP contract Program Admission Upon execution of the HAP contract Restricted Relatives (Rule)
Parent
Grandparent
Child
Grandchild
Brother
Sister Restricted Owners
Any present or former member, or officer, of the PHA
Any employee of the PHA who formulates policy or who influences decisions
Any public official who exercises functions or responsibilities with respect to the program
Any member of the Congress of the United States Moving If a family moves to a new unit, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the old unit. If the family vacates the unit without notice to owner, the owner may keep HAP for the month in which the family moved Rent Increases The notice period for an owner rent increase to the PHA is 60 days. The notice period for an owner rent increase to the family is Governed by the owner's lease The notice period the PHA gives the family when an owner increases rent is Determined by PHA policy HQS Violations HQS violations caused by the family must be corrected by the family HQS violations caused by the owner must be corrected by the owner Life threatening HQS violations must be corrected within 24 hours Non-life threatening HQS violations must be corrected within 30 days or PHA approved extension Mandatory Interim Reexaminations

Earned Income Disallowance (EID) Under the earned income disallowance the qualifying family member receives the benefit of the disallowance for 24 consecutive months. Holocaust Reparation Payments Payments received from a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. Noncontending Non-contending Not providing eligible immigration status Income still included

HCV Specialist Certification: A Guide to HUD Housing Choice Voucher Program Regulations, Exams of Commercial Law

Related documents

Partial preview of the text

Download HCV Specialist Certification: A Guide to HUD Housing Choice Voucher Program Regulations and more Exams Commercial Law in PDF only on Docsity!

Nan McKay HCV Specialist Certification

HUD