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HomeMy WebLinkAbout2021/06/09 - ADMIN - Agenda Packets - Housing Authority - RegularMISSION STATEMENT The Housing Authority develops, integrates and operates housing and housing assistance policies and programs to ensure the availability of safe, affordable and desirable housing options that meet the diverse, lifecycle housing needs of all the residents of St. Louis Park. AGENDA Housing Authority, St. Louis Park, Minnesota Wednesday, June 9, 2021 5:00 PM All meetings of the St. Louis Park Housing Authority Board will be conducted by telephone or other electronic means until further notice. This is in accordance with a local emergency declaration issued by the city council, in response to the coronavirus (COVID-19) pandemic. All members of the St. Louis Park Housing Authority Board will participate in the June 9, 2021 meeting by electronic device or telephone rather than by being personally present at the Housing Authority’s regular meeting place at 5005 Minnetonka Blvd. Members of the public can monitor this meeting by calling +1-312-535-8110 meeting number (access code): 372 106 61 for audio only. Cisco WebEx will be used to conduct videoconference meetings of the housing authority board and staff participating from multiple locations. 1. Roll Call 2. Approval of Minutes for March 2021 3. Hearings: a. None 4. Presentation a. None 5. Unfinished Business a. None 6. New Business a. Approval of amended ACOP Utility Allowance Payments Res. No. 713 b. Approval of amended Admin Plan Res. No. 714 c. Approval of amended bylaws Res. No. 715 d. Approval to extend Landlord Incentive Program Res. No. 716 e. Request for additional Project Based Assistance: Wayside f. Wealth Building Homeownership Program g. Housing Dashboard presentation h. Board and Commission Updates i. Election of Officers 7. Communications: a. Claims Lists: April and May b. Financials: April c. July meeting 8. Future meeting/event dates: August 11, 2021 (tentative) 9. Adjournment Auxiliary Aides for those with disabilities are available upon request. To make arrangements please call the Housing Authority office at 952-924-2579 (TDD 952-924-2668) at least 96 hours in advance of meeting. MINUTES St. Louis Park Housing Authority St Louis Park, MN Wednesday, March 10, 2021 5:00 P.M. MEMBERS PRESENT: Commissioner Catherine Courtney, Commissioner Catherine Johnson Commissioner William Price, Commissioner Richard Webb, Commissioner Paul Beck MEMBERS ABSENT: STAFF PRESENT: Oi Mattison, Marney Olson, Michele Schnitker, Amy Morris 1. Call to Order – The meeting was called to order at 5:04 p.m. 2. Approval of Minutes – Minutes for the January 13, 2021 board meeting were approved. Motion to approve made by Commissioner Webb and seconded by Commissioner Beck. Motion passed 5-0. 3. Hearings – None 4. Presentation - None 5. Unfinished Business – None 6. New Business a. Approval of boilers and water heaters replacement at Hamilton House: Ms. Mattison asked the board to approve entering into a contract with Northland Mechanical Contractors to replace the boilers and water heaters at 2400 Nevada Ave S., Hamilton House. The project will include removing existing boilers and water heaters and replacing them with high efficiency boilers and water heaters. Staff recommended the Housing Authority award the contract to Northland Mechanical Contractors for $167,060. The funding source for the project includes the use of 2019 and 2020 HUD Capital Fund Program (CFP) grant funding. A motion to approve was made by Commissioner Webb and seconded by Commissioner Beck. Motion passed 5-0 b. Council Report: 2021 housing program and budget summary: Ms. Schnitker reviewed the 2021 housing program and budget summary with the board and asked if they had any questions or comments regarding the report. No action required. 2 c. Board and commission annual report and meeting with council: Ms. Schnitker discussed the board and commission annual report and meeting with council. They discussed timing as well as an option to do a written report. No action required. 7. Adjournment Commissioner Webb moved to adjourn the meeting, and Commissioner Johnson seconded; the motion passed 5-0. The meeting was adjourned at 6:05 p.m. Respectfully submitted, ____________________ Catherine Johnson, Secretary HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item #6a St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Amendments to the Housing Authority Admissions and Continued Occupancy Policy (ACOP) for the Public Housing Program Resolution No. 713 RECOMMENDED ACTION: Staff recommends that the Housing Authority Board approve Resolution No. 713 amending the ACOP. POLICY CONSIDERATIONS: Does the Housing Authority Board agree with the proposed amendments to the ACOP? SUMMARY: The Housing Authority is required to have an Admissions and Continued Occupancy Policy (ACOP) outlining policies and processes related to the administration of the Public Housing program. The policy allows for transparency, equity and objectivity. The ACOP allows others to understand the HA process, standardizes processes and decisions across HA staff, and ensures just treatment across cases. The ACOP must be in accordance with HUD regulations and requirements, be available for public review, and must be adopted by the HA Board. The ACOP is currently in place and policy updates have been previously approved by the HA Board. The following policy change is recommended and must be approved by the board: 6-III.A. Overview of Income-based Rent Calculations Utility Reimbursement [24 CFR 960.253(c)(4)] Utility reimbursement occurs when any applicable utility allowance for tenant-paid utilities exceeds the TTP. HUD permits the HA to pay the reimbursement to the family or directly to the utility provider. HA Policy The HA will make utility reimbursements to the family directly to the utility provider. Staff will review the policy changes with the Board at the HA Board meeting. New language being added to the policy is double underlined. A strikethrough delineates language proposed to be eliminated from the policy. Final formatting and distribution of the amended policy will occur following Board approval. Attachments: Resolution No. 713 Amendment to ACOP Prepared by: Marney Olson, Assistant Housing Supervisor HOUSING AUTHORITY OF ST. LOUIS PARK Resolution No. 713 Amendment to the Admissions and Continued Occupancy Policy (ACOP) WHEREAS, HUD requires housing authorities administering the Public Housing Program to have an Admissions and Continued Occupancy Policy (ACOP) for the effective administration and operation of its Public Housing program, and WHEREAS, HUD policy allows the Housing Authority to make utility reimbursements to the family or directly to the utility provider, and WHEREAS, the Housing Authority has updated the ACOP to reflect changes to HA policy in Chapter 6.III.A. Utility Reimbursements to make utility payments directly to the utility provider, THEREFORE, BE IT RESOLVED, by the Housing Authority of St. Louis Park, that the updated ACOP is hereby adopted. Adopted by the Authority June 9, 2021 _____________________________ Catherine Courtney, Chair ______________________________ Catherine Johnson, Secretary Attest: _______________________________ Karen Barton, Executive Director HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item #6b St. Louis Park, Minnesota Meeting Date: June 9, 2019 TITLE: Amendments to the Housing Authority Administrative Plan (Admin Plan) for the Housing Choice Voucher Program Resolution No. 714 RECOMMENDED ACTION: Staff recommends that the Housing Authority Board approve Resolution No. 714 amending the Housing Choice Voucher Administrative Plan. POLICY CONSIDERATIONS: Does the Housing Authority Board agree with the proposed amendments to the Admin Plan? SUMMARY: The Housing Authority is required to have an Administrative Plan for the Housing Choice Voucher Program. The policy allows for transparency, equity and objectivity. The Admin Plan allows others to understand the HA process, standardizes processes and decisions across HA staff, and ensures just treatment across cases. The Admin Plan must be in accordance with HUD regulations and requirements, be available for public review, and must be adopted by the HA Board. The Admin Plan is currently in place and policy updates have been previously approved by the HA Board. HA Staff reviewed the Admin Plan Revisions provided by Nan McKay. Staff updated the Admin Plan to reflect changes to HUD regulations and requirements and HA processes and policies. The following policy changes are recommended and must be approved by the HA Board: 2-II.E. Approval/Denial of a Requested Accommodation, add language on informing the family of the right to appeal 2-III.B. Oral Interpretation – update policy on interpretation services 3 – II.F. EIV System Searches – new policies on Existing Tenant Search, Debts Owed to HAs and Terminations, and Income and IVT Reports 6-I.B. Briefing – Update Notification of Briefing, In-Person Briefings, Attendance, and Conducting Remote Briefings 6-III.A. Overview of Rent and Subsidy Calculations, Utility Reimbursements made directly to utility provider instead of the family 8-II.C. Annual/Biennial HQS Inspections, updated HA policy to reserve the right to require annual inspections 16-III.B. Informal Reviews, update policies on Scheduling an Informal Review and Conducting Remote Informal Reviews 16-III.C. Informal Hearings for Participants, update policies on Conducting Informal Hearings Remotely, Scheduling an Informal Hearing, Pre-Hearing Right to Discovery and Evidence 17-I.A. Overview, Update policy on Additional Project-Based Units and Units Not Subject to the PBV Program Limitation 17-V.C. Amendments to the HAP Contract, update policy on Addition of Contract Units Chapter 19, new chapter on Special Purpose Vouchers. The Housing Authority administered the Family Unification Program (FUP) and Mainstream vouchers. In addition to the above change, other language clarifications, formatting changes, and regulatory updates required by HUD were updated throughout the Admin Plan. Staff will review the policy changes with the Board at the HA Board meeting. The above changes are included as Exhibit A attached to Resolution No.714. New language being added to the policy is double underlined. A strikethrough delineates language proposed to be eliminated from the policy. Final formatting and distribution of the amended policy will occur following Board approval. Attachments: Resolution No. 714 Amendment to Housing Choice Voucher Administrative Plan Prepared by: Marney Olson, Assistant Housing Supervisor HOUSING AUTHORITY OF ST. LOUIS PARK Resolution No. 714 Amendment to the Housing Choice Voucher Administrative Plan (Admin Plan) WHEREAS, HUD requires housing authorities administering the Housing Choice Voucher Program to have an Administrative Plan for the effective administration and operation of its Housing Choice Voucher program, and WHEREAS, the St. Louis Park Housing Authority has updated the Admin Plan to reflect changes to HUD Regulations and Requirements, and WHEREAS, the Housing Authority has updated the Admin Plan to reflect changes to HA Policy as deemed appropriate, and WHEREAS, the Housing Authority has updated the following sections of the Admin Plan as shown in Exhibit A: 2-II.E. Approval/Denial of a Requested Accommodation; 2-III.B. Oral Interpretation; 3 – II.F. EIV System Searches - Existing Tenant Search, Debts Owed to HAs and Terminations, and Income and IVT Reports; 6-I.B. Briefing – Notification of Briefing, In-Person Briefings, Attendance, and Conducting Remote Briefings; 6-III.A. Overview of Rent and Subsidy Calculations - Utility Reimbursements; 8-II.C. Annual/Biennial HQS Inspections; 16-III.B. Informal Reviews- Scheduling an Informal Review and Conducting Remote Informal Reviews; 16-III.C. Informal Hearings for Participants - Conducting Informal Hearings Remotely, Scheduling an Informal Hearing, Pre-Hearing Right to Discovery and Evidence; 17-I.A. Overview - Additional Project-Based Units and Units Not Subject to the PBV Program Limitation; 17-V.C. Amendments to the HAP Contract - Addition of Contract Units; and Chapter 19 Special Purpose Vouchers. THEREFORE, BE IT RESOLVED, by the Housing Authority of St. Louis Park, that the updated Administrative Plan is hereby adopted. Adopted by the Authority June 9, 2021 _____________________________ Catherine Courtney, Chair ______________________________ Catherine Johnson, Secretary Attest: _______________________________ Karen Barton, Executive Director Exhibit A, Resolution No. 714 2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION HA Policy After a request for an accommodation is presented, the HA will respond in writing within 10 business days. If the HA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal the HA’s decision through an informal review (if applicable) or informal hearing (see Chapter 16). If the HA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the HA’s operations), the HA will discuss with the family whether an alternative accommodation could effectively address the family’s disability-related needs without a fundamental alteration to the HCV program and without imposing an undue financial and administrative burden. If the HA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the HA will notify the family, in writing, of its determination within 10 business days from the date of the most recent discussion or communication with the family. 2-III.B. ORAL INTERPRETATION The PHA will offer competent interpretation services free of charge, upon request, to the LEP person as per the LEP plan. HA Policy The HA will utilize a language line for telephone interpreter services. When exercising the option to conduct remote briefings, informal reviews, or hearings, however, the HA will coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice-only interpretation. Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the PHA. The HA, at its discretion, may choose to use the language services even when LEP persons desire to use an interpreter of their choosing. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, the HA will not rely on the minor to serve as the interpreter. The PHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits. 3-II.F. EIV SYSTEM SEARCHES [Notice PIH 2018-18; EIV FAQs; EIV System Training 9/30/20] Existing Tenant Search Prior to admission to the program, the HA must search for all household members using the EIV Existing Tenant Search module. The HA must review the reports for any SSA matches involving another HA or a multifamily entity and follow up on any issues identified. The HA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance. If the tenant is a new admission to the HA, and a match is identified at a multifamily property, the HA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable. HA Policy The HA will contact the PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD-50058 or 50059, as applicable, showing an end of participation. The HA will only approve assistance contingent upon the move-out from the currently occupied assisted unit. Debts Owed to HAs and Terminations All adult household members must sign the form HUD-52675 Debts Owed to Public Housing and Terminations. Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to HAs and Terminations module. If a current or former tenant disputes the information in the module, the tenant should contact the HA directly in writing to dispute the information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the HA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the program. HA Policy The HA will require each adult household member to sign the form HUD-52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD-52675 prior to being added to the household. The HA will search the Debts Owed to HAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the HA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter. Income and IVT Reports For each new admission, the HA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within 120 days of the IMS/PIC submission date of the new admission. The HA must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report dates. 5-I.B. BRIEFING [24 CFR 982.301] Notification of Briefing Prior to issuance of a voucher, the HA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program. Families may be briefed in individual face-to-face meetings, through individually or in groups briefing sessions, or via remote briefing sessions. HA Policy Families will be notified of their eligibility for assistance at the time they are invited to a briefing. The notice will be sent by first class mail and will also be sent by email if the family has provided a valid email address to the HA. The notice will advise the family of the type of briefing, who is required to be present at the briefing, and the date and time of the briefing. The notice will also inform the family of any additional requirements for in-person or remote briefings as addressed in relevant policy elsewhere in this section. If the notice is returned by the post office with no forwarding address, the applicant will be denied and their name will not be placed back on the waiting list. If the notice is returned by the post office with a forwarding address, the notice will be resent to the address indicated. In-Person Briefings At the briefing, the HA must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1973) and ensure that the briefing site is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2. HA Policy In-person briefings will generally be conducted in group meetings. At the family’s written request, the HA may provide an individual briefing. Generally, the head of household is required to attend the briefing. If the head of household is unable to attend, the HA may approve another adult family member to attend the briefing. Families that attend group briefings and still need individual assistance will be accommodated as needed throughout the search process. Briefings will be conducted in English. For limited English proficient (LEP) applicants, the HA will provide translation interpretation services in accordance with the HA’s LEP plan (See Chapter 2). Notification and Attendance HA Policy Families will be notified of their probable eligibility for assistance at the time they are invited to attend a briefing. The notice will identify who is required to attend the briefing, as well as the date and time of the scheduled briefing. If the notice is returned by the post office with no forwarding address, the applicant will be denied and their name will not be placed back on the waiting list. If the notice is returned by the post office with a forwarding address, the notice will be re-sent to the address indicated. If the family is removed from the waiting list and calls within the next 6 months they will be put back on the list. Applicants who fail to attend a scheduled in-person briefing will be scheduled for another briefing if they call to request a reschedule with 3 business days of the briefing. The HA will notify the family of the date and time of the second scheduled briefing. Applicants who fail to attend two scheduled briefings, without prior HA approval, will be denied assistance (see Chapter 3). Remote Briefings [Notice PIH 2020-32] Remote briefings may be conducted over the phone, via video conferencing, or through other virtual platforms. HA Policy The HA has the sole discretion to require that briefings be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. If the HA schedules a remote briefing, the HA will conduct a face-to-face briefing upon request of the applicant as a reasonable accommodation for a person with a disability if safety and health concerns can be reasonably addressed. In addition, the HA will conduct a briefing remotely upon request of the applicant as a reasonable accommodation for a person with a disability, if an applicant does not have child care or transportation that would enable them to attend the briefing, or if the applicant believes an in-person briefing would create an undue health risk. The HA will consider other reasonable requests for a remote briefing on a case-by-case basis. Conducting Remote Briefings The HA must ensure that the lack of technology or inability to use technology for remote briefings does not pose a disadvantage to families that may not be apparent to the HA. The PHA must ensure that the family has appropriate technological access in order to fully participate in the remote briefing. HA Policy At least 10 business days prior to scheduling the remote briefing, the HA will provide written notification via first class mail and/or email to families participating in the briefing to advise of technological requirements and to request the family notify the HA of any known barriers. If any family does not respond within five business days, or if the written notification is returned by the post office or the email is rejected, the HA will contact the family by telephone to identify potential technological barriers and to determine which technology resources are accessible to the family. The HA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020- 32, including offering the family the opportunity to attend an in-person briefing or have a one- on-one briefing over the phone, as appropriate. The HA will conduct remote briefings via a video conferencing platform when available. If applicants are unable to adequately access the video conferencing platform, the briefing will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in, the remote briefing will be postponed, and an in-person alternative or one-on-one briefing over the phone will be provided. The HA will provide login information and/or conferencing call-in information and an electronic copy of the briefing packet via email at least five business days before the briefing. The HA will provide a paper copy of the briefing packet upon family request, and may reschedule the briefing to allow adequate time for the family to receive the physical briefing packet. The HA will ensure that all electronic information stored or transmitted as part of the briefing meets the requirements for accessibility for persons with disabilities and persons with LEP, and is secure, including ensuring personally identifiable information (PII) is protected. The HA will ensure that families who participate in remote briefings have the opportunity to ask questions as part of the briefing. If families lose connectivity during any remote briefing or otherwise feel they were unable to access information presented during the briefing, the family may request a one-on-one briefing over the phone or in person with the HA. 6-III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] When the HA subsidy for a family exceeds the rent to owner, the family is due a utility reimbursement. HUD permits the HA to pay the reimbursement to the family or directly to the utility provider. HA Policy The HA will make utility reimbursements to the family directly to the utility provider. 8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405 and 982.406; Notice PIH 2016-05] HA Policy Each unit under HAP contract must be inspected biennially within 24 months of the last full HQS inspection. The HA reserves the right to require annual inspections of any unit or owner at any time. The HA will not rely on alternative inspection standards. 16-III.B. INFORMAL REVIEWS Scheduling an Informal Review HA Policy A request for an informal review must be made in writing and delivered to the HA either in person or by first class mail, by the close of the business day, no later than 10 business days from the date of the HA’s notice of denial of assistance. The HA must schedule and send written notice of the informal review within 10 business days of the family’s request. If the informal review will be conducted remotely, at the time the HA notified the family of the informal review, the family will be informed: Regarding the process to conduct a remote informal review; That, if needed, the HA will provide technical assistance prior to and during the informal review; and That if the family or any individual witness has any technological, resource, or accessibility barriers preventing them from fully accessing the remote informal review, the family may inform the HA and the HA will assist the family in either resolving the issues or allow the family to participate in an in-person informal review, as appropriate. Conducting Remote Informal Reviews HA Policy The HA will conduct remote informal reviews via a video conferencing platform, when available. If, after attempting to resolve any barriers, applicants are unable to adequately access the video conferencing platform at any point, or upon applicant request, the informal review will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in at any point, the remote informal review will be postponed, and an in-person alternative will be provided promptly within a reasonable time. At least five business days prior to scheduling the remote review, the HA will provide the family with login information and/or conferencing call-in information and an electronic and/or physical copy of all materials being presented via first class mail and/or email. The notice will advise the family of technological requirements for the hearing and request the family notify the HA of any known barriers. The HA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person hearing. If the informal review is to be conducted remotely, the HA will require the family to provide any documents directly relevant to the informal review at least 24 hours before the scheduled review through the mail, via email, or text. The HA will scan and email copies of these documents to the HA representative the same day. Documents will be shared electronically whenever possible. The HA will follow up the email with a phone call and/or email to the applicant at least one business day prior to the remote informal review to ensure that the applicant received all information and is comfortable accessing the video conferencing or call-in platform. The HA will ensure that all electronic information stored or transmitted with respect to the informal review is secure, including protecting personally identifiable information (PII), and meets the requirements for accessibility for persons with disabilities and persons with LEP. The HA will conduct remote informal reviews via telephone conferencing call-in or via videoconferencing. If the informal review will be conducted via videoconferencing, the PHA will ensure that all applicants, applicant representatives, HA representatives and the person conducting the informal review can adequately access the platform (i.e., hear, be heard, see, and be seen). If any applicant, applicant representative, HA representative, or person conducting the informal review is unable to effectively utilize the videoconferencing platform, the informal review will be conducted by telephone conferencing call-in. Whether the informal review is to be conducted via videoconferencing or telephone call-in, the HA will provide all parties login information and/or conferencing call-in information before the review. 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555] Conducting Informal Hearings Remotely HA Policy The HA will conduct remote informal hearings via a video conferencing platform, when available. If, after attempting to resolve any barriers, participants are unable to adequately access the video conferencing platform at any point, or upon request, the informal hearing will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in at any point, the remote informal hearing will be postponed, and an in-person alternative will be provided promptly within a reasonable time. At least five business days prior to scheduling the remote hearing, the HA will provide the family with login information and/or conferencing call-in information and an electronic copy of all materials being presented via first class mail and/or email. The notice will advise the family of technological requirements for the hearing and request the family notify the HA of any known barriers. The HA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person hearing. The HA will follow up with a phone call and/or email to the family at least one business day prior to the remote informal hearing to ensure that the family received all information and is comfortable accessing the video conferencing or call-in platform. The HA will ensure that all electronic information stored or transmitted with respect to the informal hearing is secure, including protecting personally identifiable information (PII), and meets the requirements for accessibility for persons with disabilities and persons with LEP. The HA will conduct remote informal hearings via telephone conferencing call-in or via videoconferencing. If the informal hearing will be conducted via videoconferencing, the HA will ensure that all participants, participant representatives, advocates, witnesses, HA representatives, and the hearing officer can adequately access the platform (i.e., hear, be heard, see, and be seen). If any participant, representative, advocate, witness, HA representative, or hearing officer is unable to effectively utilize the videoconferencing platform, the informal hearing will be conducted by telephone conferencing call-in. Whether the informal hearing is to be conducted via videoconferencing or telephone call-in, the HA will provide all parties login information and/or telephone call-in information before the hearing. Scheduling an Informal Hearing [24 CFR 982.555(d)] HA Policy A request for an informal hearing must be made in writing and delivered to the HA either in person or by first class mail, by the close of the business day, no later than 10 business days from the date of the HA’s decision or notice to terminate assistance. The HA must schedule and send written notice of the informal hearing to the family within 10 business days of the family’s request. If the HA hearing will be conducted remotely, at the time the notice is sent to the family, the family will be notified: Regarding the process involved in a remote informal hearing; That the HA will provide technical assistance prior to and during the informal hearing; if needed; and That if the family or any individual witness has any technological, resource, or accessibility barriers, the family may inform the HA and the HA will assist the family in either resolving the issue or allowing the family to participate in an in-person hearing, as appropriate. The family may request to reschedule a hearing for good cause, or if it is needed as a reasonable accommodation for a person with disabilities. Good cause is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family. Requests to reschedule a hearing must be made orally or in writing prior to the hearing date. At its discretion, the HA may request documentation of the “good cause” prior to rescheduling the hearing. If the family does not appear within 20 minutes of the scheduled time, and was unable to reschedule the hearing in advance due to the nature of the conflict, the family must contact the HA within 24 hours of the scheduled hearing date, excluding weekends and holidays. The HA will reschedule the hearing only if the family can show good cause for the failure to appear, or if it is needed as a reasonable accommodation for a person with disabilities. If the family cannot show good cause for the failure to appear, or a rescheduling is not needed as a reasonable accommodation, the HA’s decision will stand. Pre-Hearing Right to Discovery [24 CFR 982.555(e)] HA Policy The family will be allowed to copy any documents related to the hearing at a no cost to the family of $.25 per page. The family must request discovery of HA documents no later than 12:00 p.m. on the business day prior to the scheduled hearing date. If the hearing will be conducted remotely, the HA will compile a hearing packet, consisting of all documents the HA intends to produce at the informal hearing. The PHA will mail copies of the hearing packet to the family, the family’s representatives, if any, and the hearing officer at least three days before the scheduled remote informal hearing. The original hearing packet will be in the possession of the HA representative and retained by the HA. Documents will be shared electronically whenever possible. Evidence [24 CFR 982.555(e)(5)] HA Policy Any evidence to be considered by the hearing officer must be presented at the time of the hearing. There are four categories of evidence. Oral evidence: the testimony of witnesses Documentary evidence: a writing which is relevant to the case, for example, a letter written to the HA. Writings include all forms of recorded communication or representation, including letters, words, pictures, sounds, videotapes or symbols or combinations thereof. Demonstrative evidence: Evidence created specifically for the hearing and presented as an illustrative aid to assist the hearing officer, such as a model, a chart or other diagram. Real evidence: A tangible item relating directly to the case. Hearsay Evidence is evidence based not on a witness’ personal knowledge. In and of itself, hearsay evidence carries no weight when making a finding of fact. The hearing officer may include hearsay evidence when considering their decision if it is corroborated by other evidence. Even though hearsay evidence is generally admissible in a hearing, the hearing officer will not base a hearing decision on hearsay alone unless there is clear probative value and credibility of the evidence, and the party seeking the change has met the burden of proof. Hearsay Evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter. Even though evidence, including hearsay, is generally admissible, hearsay evidence alone cannot be used as the sole basis for the hearing officer’s decision. If either the HA or the family fail to comply with the discovery requirements described above, the hearing officer will refuse to admit such evidence. Other than the failure of a party to comply with discovery, the hearing officer has the authority to overrule any objections to evidence. 17-I.A. OVERVIEW [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21] Additional Project-Based Units [FR Notice 1/18/17; Notice PIH 2017-21] HA Policy The HA may project-base up to an additional 10 percent of its authorized units, up to 30 percent, in accordance with HUD regulations and requirements. The HA will not set aside units above the 20 percent program limit. Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17] HA Policy The HA will not may project-base any units not subject to the 20 percent cap in accordance with HUD regulations and requirements. 17-V.C. AMENDMENTS TO THE HAP CONTRACT Addition of Contract Units [FR Notice 1/18/17 and Notice PIH 2017-21] HA Policy The HA will add units to the contract on a case-by-case basis to ensure the availability of affordable housing as long as the addition of units does not exceed allowable project caps. may consider adding contract units to the HAP contract when the HA determines that additional housing is needed to serve eligible low-income families. Circumstances may include, but are not limited to: The local housing inventory is reduced due to a disaster (either due to loss of housing units, or an influx of displaced families); and Voucher holders are having difficulty finding units that meet program requirements. Chapter 19 SPECIAL PURPOSE VOUCHERS INTRODUCTION Special purpose vouchers are specifically funded by Congress in separate appropriations from regular HCV program funding in order to target specific populations. Special purpose vouchers include vouchers for the following programs: • Family Unification Program (FUP) • Foster Youth to Independence (FYI) program • Veterans Affairs Supportive Housing (VASH) • Mainstream • Non-Elderly Disabled (NED) HA Policy The HA will administer the following types of special purpose vouchers: Family Unification Program (FUP) and Mainstream. This chapter describes HUD regulations and HA policies for administering special purpose vouchers. The policies outlined in this chapter are organized into five sections, as follows: Part I: Family Unification Program (FUP) Part II: Foster Youth to Independence (FYI) program intentionally left blank Part III: Veterans Affairs Supportive Housing (VASH) intentionally left blank Part IV: Mainstream voucher program Part V: Non-Elderly Disabled (NED) vouchers intentionally left blank Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to special purpose vouchers. PART I: FAMILY UNIFICATION PROGRAM (FUP) 19-I.A. PROGRAM OVERVIEW [Fact Sheet, Housing Choice Voucher Program Family Unification Program (FUP)] Overview The Family Unification Program (FUP) was authorized by Congress in 1990 to help preserve and reunify families. PHAs that administer the program provide vouchers to two different populations—FUP families and FUP youth. Families eligible for FUP are families for whom the lack of adequate housing is a primary factor in: • The imminent placement of the family’s child or children in out-of-home care; or • The delay in the discharge of the child or children to the family from out-of-home care. There is no time limitation on FUP family vouchers, and the family retains their voucher as long as they are HCV-eligible. There is no requirement for the provision of supportive services for FUP family vouchers. Youth eligible for FUP are those who: • Are at least 18 years old and not more than 24 years of age; • Have left foster care or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act at age 16 and older; and • Are homeless or at risk of becoming homeless. FUP youth vouchers are limited by statute to 36 months of housing assistance. Supportive services must also be provided to FUP-eligible youth by the Public Child Welfare Agency (PCWA) or by another agency or organization under contract with the PCWA for at least 18 but up to 36 months. HAs that wish to administer FUP vouchers must apply to HUD by submitting an application under an active Notice of Funding Availability (NOFA). While the FUP program is administered in accordance with HCV regulations, the FUP NOFAs issued by HUD provide specific program information and requirements. In order to administer the program, the HA must also form a partnership with a local PCWA who is responsible for determining the family or youth meets FUP eligibility requirements and referring them to the HA. Once the referral is received, the HA is responsible for placing the FUP family or youth on the HA’s waiting list and determining whether they are eligible to receive assistance under the HA’s HCV program. Assigning Vouchers [FUP FAQs] The HA may, but is not required to, assign a specific number or percentage of FUP vouchers for FUP youths and FUP families. Unless the HA assigns a specific number or percentage of FUP vouchers to a designated FUP population, the HA must serve any referrals (youths or families) that meet all program eligibility requirements up to the HA’s designated FUP program size. HA Policy The HA has not designated any specific number or percentage of FUP vouchers for youths or families. The HA will serve all referrals that meet program eligibility requirements, up to the HA’s FUP voucher allocation. 19-I.B. PUBLIC CHILD WELFARE AGENCY (PCWA) Families and youth do not apply directly to the HA for FUP vouchers. They are instead referred by a PCWA with whom the HA has entered into a Memorandum of Understanding (MOU). The partnering PCWA initially determines whether the family or youth meets the FUP program eligibility requirements listed in 19-I.C. and 19-I.D. and then refers those families or youths to the HA. HUD strongly encourages HAs and PCWAs to make decisions collaboratively on the administration of the program and to maintain open and continuous communication. The PCWA must have a system for identifying FUP-eligible youth within the agency’s caseload and for reviewing referrals from a Continuum of Care (COC) if applicable. PHA Policy The PHA has entered into an MOU with the following partnering organizations Hennepin County Child Welfare. 19-I.C. FUP FAMILY VOUCHER ELIGIBILITY CRITERIA FUP family assistance is reserved for eligible families that the PCWA has certified are a family for whom a lack of adequate housing is a primary factor in: • The imminent placement of the family’s child or children in out-of-home care, or • The delay in the discharge of the child or children to the family from out-of-home care. Lack of adequate housing means the family meets any one of the following conditions: • Living in substandard housing, which refers to a unit that meets any one of the following conditions: - Does not have operable indoor plumbing - Does not have a usable flush toilet inside the unit for the exclusive use of a family or youth - Does not have a usable bathtub or shower inside the unit for the exclusive use of a family or youth - Does not have electricity, or has inadequate or unsafe electrical service - Does not have a safe or adequate source of heat - Should, but does not, have a kitchen - Has been declared unfit for habitation by an agency or unit of government, or in its present condition otherwise endangers the health, safety, or well-being of the family or youth - Has one or more critical defects, or a combination of intermediate defects in sufficient number or to the extent that it requires considerable repair or rebuilding. The defects may result from original construction, from continued neglect or lack of repair, or from serious damage to the structure • Being homeless as defined in 24 CFR 578.3 • Living in a unit where the presence of a household member with certain characteristics (i.e., conviction for certain criminal activities) would result in the imminent placement of the family’s child or children in out-of-home care, or the delay in the discharge of the child or children to the family from out-of-home care • Living in housing not accessible to the family’s disabled child or children due to the nature of the disability • Living in an overcrowded unit, which is defined as living in a unit where one of the following conditions has been met: - The family is separated from its child or children and the parents are living in an otherwise standard housing unit, but, after the family is reunited, the parents’ housing unit would be overcrowded for the entire family and would be considered substandard; or - The family is living with its child or children in a unit that is overcrowded for the entire family and this overcrowded condition may result, in addition to other factors, in the imminent placement of its child or children in out-of-home care. - For purposes of this definition, the determination as to whether the unit is overcrowded is made in accordance with the HA subsidy standards in Chapter 5, Part III of this policy. Since HUD does not define imminent placement, the partnering PCWA may use its discretion to determine whether the potential out of home placement of the family’s child or children is imminent [FUP FAQs]. 19-I.D. FUP YOUTH VOUCHER ELIGIBILITY CRITERIA While FUP family vouchers operate as regular HCVs after the family is referred from the PCWA, there are several aspects of the FUP youth vouchers that make them distinct from the FUP family vouchers and from regular HCVs. Eligibility Criteria An FUP-eligible youth is a youth the PCWA has certified: • Is at least 18 years old and not more than 24 years of age (has not yet reached their 25th birthday); - The FUP youth must be no more than 24 years old at the time the PCWA certifies them as eligible and at the time of HAP contract execution. • Has left foster care or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act; - Foster care placement can include, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes in accordance with 24 CFR 5.576. • Is homeless or at risk of becoming homeless at age 16 or older; - At risk of being homeless is fully defined at 24 CFR 576.2. o This includes a person that is exiting a publicly funded institution, or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or correction program or institution). o Therefore, youth being discharged from an institution may be eligible for a FUP voucher [FUP FAQs]. • Has an annual income at or below 30 percent of area median income; and • Does not have sufficient resources or support networks (e.g., family, friends, faith-based or other social networks) immediately available to prevent them from moving to a supervised publicly or privately operated shelter designed to provide temporary living arrangements. Maximum Assistance Period Although there is no time limit on FUP family vouchers, FUP youth vouchers are limited by statute to 36 months of housing assistance. At the end of the statutory time period, assistance under the FUP youth voucher must be terminated. However, any period of time for which no subsidy (HAP) is being paid on behalf of the youth does not count toward the 36-month limitation. For HAs participating in the FUP Family Self Sufficiency (FSS) Demonstration, an exception to the 36- month limitation was granted. Participating PHAs must adopt a policy enabling an FUP youth voucher holder that agreed to sign an FSS Contract of Participation to remain on the program for the life of their contract [Notice PIH 2016-01]. HA Policy The HA is not participating in the FUP FSS Demonstration. An eligible youth will be assisted for a period not to exceed 36 months. Supportive Services The PCWA must provide supportive services for at least 18 months to all FUP-eligible youth regardless of their age. The MOU between the HA and the PCWA should identify the period of time in which supportive services will be provided—from a minimum of 18 months up to the full 36-month program maximum. HA Policy The PCWA will provide supportive services for all FUP youth for a period of 36 months. Supportive services may be provided to FUP-eligible youth by the PCWA or by another agency or organization under agreement or contract with the PCWA, including the HA. The organization providing the services and resources must be identified in the MOU. The following services must be offered: • Basic life skills information/counseling on money management, use of credit, housekeeping, proper nutrition/meal preparation; and access to health care (e.g., doctors, medication, and mental and behavioral health services); • Counseling on compliance with rental lease requirements and with HCV program participant requirements, including assistance or referrals for assistance on security deposits, utility hook- up fees, and utility deposits; • Providing such assurances to owners of rental property as are reasonable and necessary to assist an FUP-eligible youth to rent a unit with an FUP voucher; • Job preparation and attainment counseling (where to look/how to apply, dress, grooming, relationships with supervisory personnel, etc.); and • Educational and career advancement counseling regarding attainment of general equivalency diploma (GED); or attendance or financing of education at a technical school, trade school, or college, including successful work ethic and attitude models. HA Policy Additional supportive services will not be offered. An FUP-eligible youth cannot be required to participate in these services as condition of receipt of the FUP voucher. 19-I.E. REFERRALS AND WAITING LIST MANAGEMENT Referrals The PCWA must establish and implement a system to identify FUP-eligible families and youths within the agency’s caseload and make referrals to the HA. The PCWA must certify that the FUP applicants they refer to the HA meet FUP eligibility requirements. The HA is not required to maintain full documentation that demonstrates the family’s or youth’s FUP eligibility as determined by the PCWA but should keep the referral or certification from the PCWA. HA Policy As part of the MOU, the HA and PCWA have identified staff positions to serve as lead FUP liaisons. These positions will be responsible for transmission and acceptance of FUP referrals. The PCWA must commit sufficient staff and resources to ensure eligible families and youths are identified and determined eligible in a timely manner. When FUP vouchers are available, the HA liaison responsible for acceptance of referrals will contact the PCWA FUP liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than 10 business days from the date the PCWA receives this notification, the PCWA liaison will provide the HA with a list of eligible referrals include the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating the youth or family is FUP-eligible. The HA will maintain a copy of the referral or certification from the PCWA in the participant’s file along with other eligibility paperwork. A HA must serve any referrals (youths or families) that meet all program eligibility requirements. If a HA determines that it has received a sufficient number of referrals from the PCWA so that the HA will be able to lease all FUP vouchers awarded, the HA may request that the PCWA suspend transmission of referrals. If the HA determines that additional referrals will be needed after it has made such a request, the HA may request that the PCWA resume transmission of referrals [Notice PIH 2011-52]. Waiting List Placement A family that is already participating in the regular HCV program cannot be transferred to an FUP voucher. Once a referral is made, the HA must compare the list of PCWA referrals to its HCV waiting list to determine if any applicants on the PCWA’s referral list are already on the PHA’s HCV waiting list. Applicants already on the HA’s HCV waiting list retain the order of their position on the list. Applicants not already on the HA’s HCV waiting list must be placed on the HCV waiting list. If the HA’s HCV waiting list is closed, the HA must open its HCV waiting list in order to accept new FUP applicants. If necessary, the HA may open its waiting list solely for FUP applicants, but this information must be included in the HA’s notice of opening its waiting list (see section 4-II.C., Opening and Closing the Waiting List of this administrative plan). HA Policy Within 10 business days of receiving the referral from the PCWA, the HA will review the HCV waiting list and will send the PCWA a list confirming whether or not referrals are on the waiting list. Referrals who are already on the list will retain their position and the list will be notated to indicate the family or youth is FUP-eligible. For those referrals not already on the waiting list, the HA will work with the PCWA to ensure they receive and successfully complete a pre-application or application, as applicable. Once the pre-application or application has been completed, the HA will place the referral on the HCV waiting list with the date and time of the original referral and an indication that the referral is FUP-eligible. Waiting List Selection The PHA selects FUP-eligible families or youths based on the HA’s regular HCV waiting list selection policies in Chapter 4, including any preferences that may apply. 19-I.F. HA HCV ELIGIBILITY DETERMINATION Once an FUP-eligible family or youth is selected from the HCV waiting list, the HA must determine whether the family or youth meets HCV program eligibility requirements. Applicants must be eligible under both FUP family or youth eligibility requirements, as applicable, and HCV eligibility requirements as outlined in Chapter 3 of this policy. The PCWA may, but is not obligated to, provide information to the PHA on the family’s criminal history. HA Policy Subject to privacy laws, the PCWA will provide any available information regarding the applicant’s criminal history to the HA. The HA will consider the information in making its eligibility determination in accordance with the HA’s policies in Chapter 3, Part III. Additional FUP Eligibility Factors [FUP FAQs] For FUP family vouchers, the family must remain FUP-eligible thorough lease-up. • If, after a family is referred by the PCWA but prior to issuing a family FUP voucher, the HA discovers that the lack of adequate housing is no longer a primary factor for the family not reunifying, the FUP voucher may not be issued to the family. • Similarly, if the FUP voucher has already been issued before the HA discovers that the reunification will not happen, but the family has not yet leased up under the voucher, the HA must not execute the HAP contract, as the family is no longer FUP-eligible. FUP-eligible youth must be no more than 24 years old both at the time of PCWA certification and at the time of the HAP execution. If a FUP youth is 24 at the time of PCWA certification but will turn 25 before the HAP contract is executed, the youth is no longer eligible for a FUP youth voucher. HA Policy Any applicant that does not meet the eligibility criteria for the HCV program listed in Chapter 3 or any eligibility criteria listed in this section will be notified by the HA in writing following policies in Section 3-III.F., including stating the reasons the applicant was found ineligible and providing an opportunity for an informal review. 19.I.G. LEASE UP Once the PHA determines that the family or youth meets HCV eligibility requirements, the family or youth will be issued an FUP voucher in accordance with HA policies. HA Policy Eligible applicants will be notified by the HA in writing following policies in Section 3-III.F. of this administrative plan. FUP families will attend a standard HCV briefing in accordance with HA policies in Part I of Chapter 5 of this administrative plan. FUP youth will be briefed individually. The PHA will provide all aspects of the written and oral briefing as outlined in Part I of Chapter 5 but will also provide an explanation of the time limit on FUP youth vouchers, as well as discussing supportive services offered by the PCWA. For both FUP youth and FUP families, vouchers will be issued in accordance with PHA policies in Chapter 5 Part II, except that the HA will consider one additional 30-day extension beyond the first automatic extension for any reason, not just those listed in the policy in Section 5-II.E. Once the family or youth locate a unit, the HA conducts all other processes relating to voucher issuance and administration per HCV program regulations and the HA’s policies (including, but not limited to: HQS inspection, determination of rent reasonableness, etc.). 19-I.H. TERMINATION OF ASSISTANCE General Requirements With the exception of terminations of assistance for FUP youth after 36 months of housing assistance, terminations of FUP assistance are handled in the same way as the regular HCV program. Termination of an FUP voucher must be consistent with regulations for termination in 24 CFR Part 982, Subpart L and be in compliance with HA policies (Chapter 12). If the person who qualifies for the FUP voucher passes away, the family retains the FUP voucher. In the case of an FUP-youth voucher, assistance will terminate after 36 months, even if the FUP-eligible youth is no longer included in the household. If the person who qualifies for the FUP voucher moves, the remaining family members may keep the FUP voucher based on HA policy (see administrative plan, Section 3-I.C., Family Breakup and Remaining Member of Tenant Family). FUP Family Vouchers If parents lose their parental rights or are separated from their children after voucher lease-up (or their children reach adulthood), the family is still eligible to keep their FUP assistance, as the regulations do not permit HCV termination for a family losing parental rights or the children reaching adulthood. However, the HA may transfer the assistance of a FUP family voucher holder to regular HCV assistance if there are no longer children in the household. HA Policy The HA will transfer the assistance of a FUP family voucher holder to regular HCV assistance if there are no longer children in the household and there is no prospect of any minor child being returned to the household. If the HA has no regular HCV vouchers available at the time this determination is made, including if no vouchers are available due to lack of funding, the HA will issue the family the next available regular HCV voucher after those being issued to families residing in PBV units claiming Choice Mobility. FUP Youth Vouchers A HA cannot terminate a FUP youth’s assistance for noncompliance with PCWA case management, nor may the HA terminate assistance for an FUP youth for not accepting services from the PCWA. The HA may not transfer the assistance of an FUP youth voucher holder to regular HCV assistance upon the expiration of the 36-month limit on assistance. However, the HA may issue a regular HCV to FUP youth if they were selected from the waiting list in accordance with HA policies and may also adopt a preference for FUP youth voucher holders who are being terminated for this reason. HA Policy The HA will not provide a selection preference on the HA’s HCV waiting list for FUP youth who are terminated due to the 36-month limit on assistance. Upon the expiration of the 36-month limit on assistance, an FUP youth voucher holder who has children and who lacks adequate housing may qualify for an FUP family voucher provided they are referred by the PCWA as an eligible family and meet the eligibility requirements for the HA’s HCV program. 9-I.I. FUP PORTABILITY Portability for a FUP family or youth is handled in the same way as for a regular HCV family. A PHA may not restrict or deny portability for an FUP family or youth for reasons other than those specified in the HCV program regulations, as reflected in Chapter 10 of the administrative plan. An FUP family or youth does not have to port to a jurisdiction that administers FUP. If the receiving HA administers the FUP voucher on behalf of the initial HA, the voucher is still considered an FUP voucher regardless of whether the receiving HA has a FUP program. If the receiving HA absorbs the voucher, the receiving HA may absorb the incoming port into its FUP program (if it has one) or into its regular HCV program (if the receiving HA has vouchers available to do so) and the family or youth become regular HCV participants. In either case, when the receiving HA absorbs the voucher, an FUP voucher becomes available to the initial HA. Considerations for FUP Youth Vouchers If the voucher is an FUP youth voucher and remains such upon lease-up in the receiving HA’s jurisdiction, termination of assistance must still take place once the youth has received 36 months of assistance. Any time period during which no subsidy was paid on behalf of the youth does not count under the 36-month limitation. If the receiving HA is administering the FUP youth voucher on behalf of the initial HA, the two HAs must work together to initiate termination upon expiration of the 36-month limit. 19-I.J. PROJECT-BASING FUP VOUCHERS [Notice PIH 2017-21] The HA may project-base FUP vouchers without HUD approval in accordance with Notice PIH 2017-21 and all statutory and regulatory requirements for the PBV program. Project-based FUP vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A. The HA may limit PBVs to one category of FUP-eligible participants (families or youth) or a combination of the two. HA Policy The HA will not project-base FUP vouchers. All FUP vouchers will be used to provide tenant- based assistance. PART II: FOSTER YOUTH TO INDEPENDENCE INITIATIVE Intentionally left blank. The Housing Authority does administer the Foster Youth to Independence Initiative program. PART III: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM Intentionally left blank. The Housing Authority does not administer the Veterans Affairs Supportive Housing (VASH) Program. PART IV: MAINSTREAM VOUCHER PROGRAM 19-IV.A. PROGRAM OVERVIEW [Notice PIH 2020-01] Mainstream vouchers assist non-elderly persons with disabilities and their families in the form of either project-based or tenant-based voucher assistance. • Aside from separate funding appropriations and serving a specific population, Mainstream vouchers follow the same program requirements as standard vouchers. The HA does not have special authority to treat families that receive a Mainstream voucher differently from other applicants and participants. For example, the HA cannot apply different payment standards, establish conditions for allowing portability, or apply different screening criteria to Mainstream families. The Mainstream voucher program, (previously referred to as the Mainstream 5-Year program or the Section 811 voucher program) was originally authorized under the National Affordable Housing Act of 1990. Mainstream vouchers operated separately from the regular HCV program until the passage of the Frank Melville Supportive Housing Investment Act of 2010. Funding for Mainstream voucher renewals and administrative fees was first made available in 2012. In 2017 and 2019, incremental vouchers were made available for the first time since the Melville Act (in addition to renewals and administrative fees), and HAs were invited to apply for a competitive award of Mainstream vouchers under the FY17 and FY19 NOFAs. In 2020, Notice PIH 2020-22 provided an opportunity for any HA administering an HCV program to apply for Mainstream vouchers noncompetitively, while Notice PIH 2020-09 authorized an increase in Mainstream voucher units and budget authority for those HAs already awarded Mainstream vouchers under the FY17 and FY19 NOFAs. • Funds for Mainstream vouchers may be recaptured and reallocated if the HA does not comply with all program requirements or fails to maintain a utilization rate of 80 percent for the HA’s Mainstream vouchers. 19-IV.B. ELIGIBLE POPULATION [Notice PIH 2020-01 and Notice PIH 2020-22] All Mainstream vouchers must be used to serve non-elderly persons with disabilities and their families, defined as any family that includes a person with disabilities who is at least 18 years old and not yet 62 years old as of the effective date of the initial HAP contract. The eligible disabled household member does not need to be the head of household. The definition of person with disabilities for purposes of Mainstream vouchers is the statutory definition under section 3(b)(3)(E) of the 1937 Act, which is the same as is used for allowances and deductions in the HCV program and is provided in Exhibit 3-1 of this policy. Existing families receiving Mainstream vouchers, where the eligible family member is now age 62 or older, will not “age out” of the program as long as the family was eligible on the day it was first assisted under a HAP contract. • The PHA may not implement eligibility screening criteria for Mainstream vouchers that is different from that of the regular HCV program. 19-IV.C. PARTNERSHIP AND SUPPORTIVE SERVICES [Notice PIH 2020-01] HAs are encouraged but not required to establish formal and informal partnerships with a variety of organizations that assist persons with disabilities to help ensure eligible participants find and maintain stable housing. HA Policy The HA will implement a Mainstream program, in partnership with Hennepin County. 19-IV.D. WAITING LIST ADMINISTRATION • General Waiting List Requirements [Notice PIH 2020-01 and Mainstream Voucher Basics Webinar, 10/15/20] HAs must not have a separate waiting list for Mainstream voucher assistance since the HA is required by the regulations to maintain one waiting list for tenant-based assistance [24 CFR 982.204(f)]. All HA policies on opening, closing, and updating the waiting list, as well as waiting list preferences in Chapter 4, apply to the Mainstream program. When the HA is awarded Mainstream vouchers, these vouchers must be used for new admissions to the HA’s program from the waiting list. The HA must lease these vouchers by pulling the first Mainstream- eligible family from its tenant-based waiting list. HAs are not permitted to reassign existing participants to the program in order to make regular tenant-based vouchers available. Further, the HA may not skip over Mainstream-eligible families on the waiting list because the HA is serving the required number of Mainstream families. Upon turnover, vouchers must be provided to Mainstream-eligible families. If a Mainstream turnover voucher becomes available, the HA must determine if the families at the top of the waiting list qualify under program requirements. • Admission Preferences [Notice PIH 2020-01; FY17 Mainstream NOFA; FY19 Mainstream NOFA] If the HA claimed points for a preference in a NOFA application for Mainstream vouchers, the PHA must adopt a preference for at least one of the targeted groups identified in the NOFA. HA Policy The HA did not claim a preference for a targeted group as part of an application for Mainstream vouchers under a NOFA. 19-IV.E. PORTABILITY [Notice PIH 2020-01 and Mainstream Voucher Basics Webinar, 10/15/20] Mainstream voucher participants are eligible for portability under standard portability rules and all PHA policies regarding portability in Chapter 10, Part II apply to Mainstream families. The following special considerations for Mainstream vouchers apply under portability: • If the receiving HA has a Mainstream voucher available, the participant may remain a Mainstream participant. - If the receiving HA chooses to bill the initial HA, then the voucher will remain a Mainstream voucher. - If the receiving HA chooses to absorb the voucher, the voucher will be considered a regular voucher, or a Mainstream voucher if the receiving HA has a Mainstream voucher available, and the Mainstream voucher at the initial HA will be freed up to lease to another Mainstream- eligible family. • If the receiving HA does not have a Mainstream voucher available, the participant may receive a regular voucher. 19-IV.F. PROJECT-BASING MAINSTREAM VOUCHERS [FY19 Mainstream Voucher NOFA Q&A] The HA may project-base Mainstream vouchers in accordance with all applicable PBV regulations and HA policies in Chapter 17. HAs are responsible for ensuring that, in addition to complying with project-based voucher program requirements, the project complies with all applicable federal nondiscrimination and civil rights statutes and requirements. This includes, but is not limited to, Section 504 of the Rehabilitation Act (Section 504), Titles II or III of the Americans with Disabilities (ADA), and the Fair Housing Act and their implementing regulations at 24 CFR Part 8; 28 CFR Parts 35 and 36; and 24 CFR Part 100. Mainstream vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A. PART IV: NON-ELDERLY DISABLED (NED) VOUCHERS Intentionally left blank. The Housing Authority does not administer Non-Elderly Disabled (NED) Vouchers HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item #6c St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Amendment to the Housing Authority Bylaws Resolution No. 715 RECOMMENDED ACTION: Staff recommends approval of the amended Housing Authority (HA) bylaws. POLICY CONSIDERATION: Does the HA board agree with the recommended amendments to the bylaws? SUMMARY: The bylaws were last updated in May 2010. The City of St. Louis Park personnel manual was updated in May 2021 adding a three hour minimum (at OT rate) for emergency call backs for non- exempt non-union employees. The reason for this change was to be more in line with union contracts and the market. The HA bylaws include a two hour minimum and since HA employees are city employees section 6.3 of the bylaws are being amended to be consistent with city policy. In reviewing the bylaws for the personnel manual update several additional updates are being proposed. 4.1 Elections, Term of Office and Qualifications, amend elections to be held the first regular meeting following the month of May instead of July because the HA board often does not meet in July. 5.2 Annual Meeting, update for consistencey with 4.1. 5.3 Regular Meetings, amend location and add virtual meetings. 5.8 Record of Proceedings, remove “and shall be copied in the journal of the proceedings of the Authority”. 6.3 Personnel Regulations, update to exclude exceptions to following city personnel policies. 7.2 Contracts, Checks and Drafts, update for consistency with the HA Procurement Policy. 7.3 Manner of Presentation of Claims, add “or designee” regarding bills, invoices, statements and claims being filed with the Executive Director or designee. Staff will review the recommended changes at the June meeting. The amended bylaws are attached to the resolution. A strikethrough delineates language proposed to be eliminated from the policy. New language being added is double underlined. Prepared by: Marney Olson, Assistant Housing Supervisor Attachment: Resolution No. 715 HOUSING AUTHORITY OF ST. LOUIS PARK Resolution No. 715 Amendment to the Bylaws WHEREAS, the Housing and Redevelopment Authority of St. Louis Park approved its original bylaws on October 27, 1970, and WHEREAS, on November 8, 1988 the Housing Authority adopted amended bylaws when the reorganization of the Housing Authority occurred, and WHEREAS, the Housing Authority has amended its bylaws as needed to reflect current rules governing the conduct of the Housing Authority, and WHEREAS, proposed amendments to the bylaws reflect changes that ensure consistency with the rules and procedures of the City Council and Housing Authority policies, THEREFORE, BE IT RESOLVED, by the Housing Authority of St. Louis Park, that the bylaws of the housing authority be amended to and incorporate revisions as noted in Exhibit A. Adopted by the Authority June 9, 2021 _____________________________ Catherine Courtney, Chair ______________________________ Catherine Johnson, Secretary Attest: _______________________________ Karen Barton, Executive Director Exhibit A, Resolution No. 715 Adopted October 27, 1970 (Res. 2) Amended January 8, 1974 (Res. 29) Amended May 28, 1974 (Res. 35) Amended November 26, 1974 (Res. 47) Amended March 13, 1984 (Res. 167) Amended November 13, 1984 Amended November 8, 1988 (Res. 273) Amended June 12, 1990 (Res. 305) Amended Aug. 13, 1991 (Res. 323) Amended Oct. 13, 1992 (Res. 348) Amended Jan. 11, 1994 (Res. 380) Amended Nov. 8, 1994 (Res. 396) Amended Aug. 12, 1997 (Res. 434) Amended July 2002 (Res. 507) Amended August 2006 (Res. 552) Amended December 2006 (Res. 553) Amended May 2010 (Res. 595) Amended June 2021 (Res. 715) BYLAWS HOUSING AUTHORITY St. Louis Park, Minnesota ARTICLE I‒THE AUTHORITY 1.1 Name of Authority. The name of the Authority shall be the "Housing Authority of St. Louis Park, Minnesota" which is referred to herein from time to time as “The Authority”. 1.2 Powers. Pursuant to Minnesota Statutes Section 469.001 to 469.047 and established by Resolution No. 1763-88, the City Council has vested powers, duties and obligations to the Authority for the purpose of managing, planning and implementing the City’s low and moderate income housing programs. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. 1.3 Responsibilities. The responsibilities of the Authority include, but shall not be limited to managing existing and future low and moderate income housing programs owned or operated by it within the City of St. Louis Park; planning and implementing housing programs primarily involving low and moderate income persons within the City; having the power to accept control and authority over any housing project or program for low and moderate income persons which the Economic Development Authority delegates to the Authority; and levying special benefit taxes as authorized by law in furtherance of housing projects and programs for low and moderate income persons and those housing projects transferred to the Authority from the Economic Development Authority, subject to prior approval of the City Council. 1.4 Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. ARTICLE II‒BOARD MEMBERSHIP 2.1 Appointment. All Board members are appointed by the City Council. Each vacancy in an unexpired term shall be filled for the remainder of the term for which the original appointment was made. One Board member appointment is reserved for a Housing Authority program participant. 2.2 Qualifications. Members must be St. Louis Park residents. The City Council will not consider applications for appointment to the Authority Board from regular full-time or part-time St. Louis Park employees as defined in the city’s personnel manual. 2.3 Reappointments. Reappointments are made as needed by the City Council. Performance and attendance by Board members requesting reappointment will be considered by the Council. Council may choose to re-interview any commission member to determine whether the commission member should continue to serve. A member may continue to serve beyond their expiration date until a reappointment is made. 2.4 Attendance. Regular attendance at meetings is a requirement for continued membership on the Board. Continued absenteeism is considered grounds for dismissal. 2.5 Performance of Duties. Commissioners are expected to adequately prepare for meetings. For inefficiency or neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the municipality. ARTICLE III‒OFFICERS 3.1 Officers. The officers of the Authority shall be Chair, Vice-Chair, Executive Director and Secretary. 3.2 Chair. The Chair shall preside at all meetings of the Authority. At each meeting the Chair shall submit such recommendations and information, as the Chair considers proper concerning the business, affairs and policies of the Authority. 3.3 Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice-Chair shall perform such duties as are imposed on the Chair until such time as the Authority shall select a new Chair. 3.4 Secretary. The Secretary shall give proper notice of all meetings. The Secretary shall keep the seal, and shall affix the same to any instrument requiring it and shall attest the seal by the Secretary’s signature. The Secretary shall also be responsible for the minutes of all meetings and shall perform such other duties as the Authority shall prescribe. 3.5 Executive Director. The Executive Director shall be the City Manager of the City of St. Louis Park or a designee who shall have general supervision over the administration of its business and affairs, subject to the direction of the Authority. The Executive Director shall also be responsible for the finances of the Housing Authority and shall keep accurate accounts of all monies, drafts, and checks in the name of and to the credit of the Authority in such banks and depositories as a majority of the commissioners shall designate from time to time. The Executive Director shall have power to endorse for deposit all notes, checks, and drafts received by the Authority and to execute financial and budgetary reports for and on behalf of the Authority. 3.6 Additional Duties. The officers of the Authority shall perform such duties and functions as may from time to time be required by the Authority or the Bylaws or rules and regulations of the Authority. 3.7 Delegation of Duties. Officers may delegate duties and authority of their position to other personnel as deemed appropriate by the Officers of the Authority. ARTICLE IV‒ELECTION OR APPOINTMENT OF OFFICERS 4.1 Elections, Term of Office, and Qualifications. The Chair, Vice Chair, and Secretary shall be elected annually at the first regular meeting in July of each year following the month of May. Such officers shall hold office for one year or until their successors are elected and qualified. 4.2 Vacancies. Should the office of Chair, Vice-Chair or Secretary become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. ARTICLE V‒MEETINGS 5.1 Meetings. All meetings of the Authority will be conducted in accordance with the Minnesota Open Meeting Law. The proceedings of the Authority will be conducted as outlined in the third edition of The Standard Code of Parliamentary Procedure, written by Alice Sturgis and revised by the American Institute of Parliamentarians. 5.2 Annual Meeting. The annual meeting of the Authority shall be the first meeting in July following the month of May. 5.3 Regular Meetings. Monthly meetings shall be held at the regular meeting place of the Authority on the second Wednesday of each month at 5:00 p.m. at City Hall unless an alternative site, including a virtual meeting, has been posted. If, however, the day fixed for any regular meeting falls on a holiday recognized by the St. Louis Park City Council, the meeting shall be held at the same hour on the next succeeding Wednesday, not a holiday, or such other day as designated by the Authority by majority vote. The Authority may, by majority vote, change the regular monthly meeting time as deemed appropriate, provided proper public notice of the changed meeting time is given. The Housing Authority recognizes that not all religious holidays are included in those recognized by the Council and that reasonable accommodation will be provided for religious reasons when notified by an applicant or a member of the public. The Authority may, by majority vote, change the regular monthly meeting time as deemed appropriate, provided proper public notice of the changed meeting time is given. 5.4 Special Meetings. Special meetings of the Authority may be called by the Chair or two commissioners of the Authority for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The Secretary must deliver to the Commissioners at least three days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all Commissioners attend and participate in the meeting, these notice requirements are not necessary. The presence of any Commissioner at a special meeting shall constitute a waiver of any formal notice unless the Commissioner appears for the special purpose of objecting to the holding of such meeting. Notice of the date, time, place and purpose of a special meeting must also be posted by the Secretary on the principal bulletin board of the city at least three days prior to the date of the meeting. 5.5 Quorum. Three (3) Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. A smaller number may adjourn from time to time until a quorum is obtained. 5.6 Voting. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present, except that any item not included on the original agenda or meeting notice for any regular or special meeting requires an affirmative vote of three (3) members of the commission for passage. 5.7 Order of Business. At the regular meetings of the Authority, the following shall be the order of business: 1. Roll call 2. Approval of the minutes of the previous meeting 3. Hearings 4. Reports of Committees 5. Unfinished Business 6. New Business 7. Communications and Bills 8. Adjournment 5.8 Record of Proceedings. All minutes and resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Records shall be kept in accordance with MN Statute and rules regarding preservation of public records and the MN Data Privacy Act. ARTICLE VI ‒ EMPLOYEES 6.1 Additional Personnel. The Authority may from time to time employ or use such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by law. The selection and compensation of such personnel shall be determined by the Authority in accordance with laws and policies of the City of St. Louis Park. 6.2 Compensation and Regulations. Employees administering Housing Authority operations are employees of the City of St. Louis Park and receive benefits and compensation in accordance with policies of the City of St. Louis Park 6.3 Personnel Regulations. Employees administering Housing Authority operations are subject to Personnel Regulations of the City Council and Administrative Policies of the City except as noted below. a. Exception - Call-Back Pay for Housing Authority Maintenance Personnel. This provision applies only to Housing Authority Maintenance Personnel called back to work at a time other than a normally scheduled shift for reasons other than training. In accordance with requirements of the 1937 Housing Act, the Contract Work Hours and Safety Standard Act, and the Fair Labor Standards Act, the following call-back pay calculations apply: In response to emergency calls, maintenance personnel will be paid: • One and one-half (1-1/2) times base hourly rate for time worked over forty (40) hours in one (1) week • Double time (2 x base hourly rate) for any work on any holiday. In response to after hours calls, maintenance personnel will be paid the greater amount of: • Actual time worked OR • Two (2) hours pay at one and one half (1-1/2) times the base hourly rate After hours call pay does not apply to hours worked as an extension of an employee’s regular work shift. ARTICLE VII—ADMINISTRATION OF FINANCES 7.1 In General. Administration and conduct of all financial practices of the Authority shall be made in accordance with applicable laws, statutory authorities and administrative rules and policies of the Housing Authority. 7.2 Contracts, Checks and Drafts. The Executive Director or a designee is the chief purchasing agent of the Authority. All purchases on behalf of the Authority shall be made, and all contracts shall be let, by the Executive Director, provided that the approval of the Authority must be given whenever the amount of such purchase or contract exceeds $50,000 the small purchase threshold as defined in the Housing Authority Procurement Policy. All contracts, bonds, and instruments of every kind, to which the Authority is a party, shall be executed in the name of the Authority and signed by the Executive Director or their designee , attested to by the Secretary and endorsed with the seal of the Authority. Those contracts, bonds, and instruments which exceed $50,000 the small purchase price shall also be signed by the Chair of the Authority approved by the Housing Authority Board. 7.3 Manner of Presentation of Claims. All bills, invoices, statements and claims for payment of money in discharge of any obligation of the Authority shall be filed with the Executive Director, or designee, who shall cause the same to be examined and entered into the record. Each claim against the Authority shall be accompanied by either an itemized bill or payroll, or time sheet, each of which shall be approved and signed by the responsible officer who vouches for the correctness and reasonableness thereof and, except in the case of salaries and wages of employees, shall be accompanied by the claimant’s verified statement of claim as required by law. 7.4 Payment of Claims. The Executive Director is authorized to pay all claims determined to be proper obligations of the Authority and consistent with the budget approved by the Authority. The Executive Director shall cause a list of newly paid claims to be prepared for Authority review at each regular meeting of the Authority. 7.5 Facsimile Signatures on Authority Checks. Orders and checks may be combined into a single instrument and may be issued on behalf of the Authority upon affixing facsimile signatures of the Chair and Executive Director. 7.6 Disposition of Unclaimed Property. Unclaimed personal property shall be disposed of in accordance with the Housing Authority’s Disposition Policy. Such property shall not be destroyed, abandoned, sold or donated without prior approval of the Authority. ARTICLE VIII‒INDEMNIFICATION 8.1 Indemnification. The Authority shall be authorized to the fullest extent permitted by law to indemnify any person against expenses and liabilities arising by reason of the fact that the person is or was a Commissioner, officer, employee, or agent of the Authority. 8.2 Insurance. The Authority may purchase and maintain insurance on behalf of any indemnified person in that person’s official capacity against any liability asserted against that person and incurred by that person in such capacity whether or not the Authority would have been required to indemnify the person against the liability under Section 6.1 hereof. ARTICLE IX ‒ AMENDMENTS TO BYLAWS 9.1 Amendments to Bylaws. These bylaws shall be amended only with the approval of at least three (3) of the Commissioners of the Authority at a regular or a special meeting. ARTICLE X‒AUTHORITY ACTIVITES 10.1 Annual Report to the Council. The Authority will submit an annual report to the City Council summarizing the past year’s activities and highlighting issues of concern and other information the Authority feels appropriate to convey to the city council. The Authority chair or designee will prepare the report for approval by the Authority. Authority members may submit signed addenda presenting alternative conclusions or perspectives. The report and addenda are submitted with the current year work plan by April 1 or as soon thereafter as possible. HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item #6d St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Housing Choice Voucher Landlord Incentive Program RECOMMENDED ACTION: Staff requests Board approve Resolution No. 716 authorizing an extension of an amended landlord incentive program funded from the Housing Choice Voucher (HCV) supplemental administrative fees the Housing Authority(HA) received from HUD under the CARES Act (Coronavirus Aid, Relief, and Economic Security Act). POLICY CONSIDERATIONS: Does the HA Board support extending an amended landlord incentive program through December 31, 2021. SUMMARY: At the September 9, 2020 HA Board meeting, the Board approved implementation of the Landlord Incentive Program. The program provided a temporary landlord/owner incentive in the form of “signing bonuses” designed to incentivize landlord participation in the PHA’s HCV Program. Based on the language in HUD’s notice on eligible uses of the Cares Act funding received by the HA, a landlord incentive fund would be an eligible use. The language from HUD’s notice reads as follows: Costs to retain or increase owner participation in the HCV Program, such as incentive costs (e.g., the PHA offers owner an incentive payment to participate in recognition of added difficulties of making units available for HCV families to rent while stay-at-home orders or social distancing practices are in effect.) The use for the supplemental Cares Act fees for a landlord incentive program fit well into the HA’s efforts to assist families and individuals who are experiencing homelessness and who are affected by COVID. With many voucher holders now shopping to find rental units, and more to come as the HA and other HA’s continue to issue emergency and other vouchers, the extra financial incentive being offered could be a key factor in helping clients use their vouchers. The recommended signing bonus gives participants and our third-party partners another tool in their search for new landlords and may encourage hesitant or reluctant landlords to give the HCV program an opportunity. Landlord/Owner Incentive: Lease-Signing Bonus The initial program created two landlord incentives in the form of a “signing bonus”: 1. Single signing bonus: The 1st signing bonus is a one-time $1000 payment to a St. Louis Park multi-family or single family residential rental landlord that has not previously participated in the voucher program or has not previously rented to a voucher participant (new owner/W-9 to our software system) for at least the last three years. The bonus is provided upon the approval of a new assisted lease with an eligible HA client for an eligible rental unit in St. Louis Park. 2. Approved Lease: The 2nd signing bonus is a one-time $500 payment to a St. Louis Park multi- family or single family residential rental owner/landlord upon the approval of a new assisted lease with an eligible PHA client for an eligible rental unit in St. Louis Park, regardless whether they have accepted voucher holders at this time or within the past three years. The bonuses were offered for leases signed from October 2020 through May 2021. The initial estimated budget for the program was $26,000; $6,000 for the single one time “signing bonus” is $6,000, $20,000 for the approved lease “signing bonus”. The number of signing bonuses provided through May 2021 is noted in the table below. Type of bonus Number issued Total expended Single signing bonus 4 $4,000 Lease approval bonus 25 $12,500 Total expended $16,500 Although, it is hard to determine definitively whether the additional signing bonus was enough to entice owners to participate in the program or sign up more program participants, owners did express their appreciation for the additional funds especially since some owners were experiencing greater rent delinquencies. Enticing four new owners to participate in the program is also significant and an effort we want to continue to promote. Program extension: Staff is proposing that the availability of the landlord incentive program be extended to December 31, 2021 but that the program be amended to offer only the single signing bonus for new owners/landlords/developments that have not previously participated in in the Housing Choice Voucher program for the past 3 years. It is also proposed that the single signing bonus be increased to $2,500. The program would continue to be funded with Cares Act funding which must be fully expended by December 31, 2021. Attachments: Resolution No. 716, Housing Choice Voucher Program: Landlord Incentive Program Prepared by: Michele Schnitker, CD Deputy Director/Housing Supervisor HOUSING AUTHORITY OF ST. LOUIS PARK Resolution No. 716 Housing Choice Voucher Landlord Incentive Program WHEREAS, the federal CARES Act which was enacted into law on March 27, 2020 which provided additional appropriations for HCV administrative fees, and WHEREAS, the St. Louis Park Housing Authority received a distribution of approximately $104,000 in Cares Act funding, and WHEREAS, individuals are experiencing homelessness and who are affected by COVID and many voucher holders are now shopping to find a rental unit, WHEREAS, the St. Louis Park Housing Authority will provide a one-time single signing bonus of $2,500 to a St. Louis Park multi-family or single family residential rental landlord that has not previously participated in the voucher program or has not previously rented to a voucher participant (new owner/W- 9 to our software system) for at least the last three years. WHEREAS, the extra financial incentive being offered to landlords could be a key factor in helping clients use their vouchers, and THEREFORE, BE IT RESOLVED, by the Housing Authority of St. Louis Park, that the Board approve Resolution No. 716 authorizing an expenditure from the Housing Choice Voucher (HCV) supplemental administrative fees the Housing Authority (HA)received from HUD under the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) to fund a Landlord Incentive Program as amended through December 31, 2021. Adopted by the Authority June 9, 2021 _____________________________ Catherine Courtney, Chair ______________________________ Catherine Johnson, Secretary Attest: _______________________________ Karen Barton, Executive Director HOUSING AUTHORITY OF ST LOUIS PARK Agenda Item #6e St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Project Based Housing Choice Voucher request - Wayside House Inc. RECOMMENDED ACTION: Staff is recommending that the Board consider denying the Wayside House Inc.’s request for additional Project based Housing Choice Voucher rental assistance (PBA) units for their supportive housing properties located at 1341 and 1349 Jersey Avenue South. Wayside currently has 16 units of PBA at these properties and is requesting an additional four units. POLICY CONSIDERATION: Does the Housing Authority Board want to increase the number of PBA rental assistance units at the Wayside House Inc. properties? SUMMARY: The HA currently provides 16 units of PBA to Wayside House Inc. properties located at 1341 and 1349 Jersey Avenue South. Wayside has been under contract for PBA from the HA since since 2003. Wayside provides supportive housing and programming for women in recovery. In 2003 the HA Board approved an allocation of twenty PBA units for Wayside. In the initial years of contract operational concerns emerged due to HUD PBA regulations that allow a PBA resident to request a transition to tenant-based assistance (TBA), if a voucher is available, following one year of occupancy in the PBA development. In addition, HUD regulations also state that if the HA has a voucher available, “the HA must give the (PBA) family priority to receive the next available opportunity for continued TBA”. In the early years of the PBV contract with Wayside, frequent turnover of the units created an adverse impact on the HA’s ability to serve applicants on the voucher general waiting list. Voucher turnovers in TBA were few and the majority of the available vouchers were being issued to Wayside residents transitioning out of the support housing development following a year of occupancy. In 2014, staff from both the HA and Wayside worked together to seek a way to reduce Wayside’s reliance on PBA vouchers as their sole source of rental subsidy. The HA and Wayside staff were able to identify rental assistance resources to replace a portion of the Wayside PBA units and the number of PBA vouchers was reduced from twenty to fifteen. Two of the sponsors for the HA’s Shelter Plus Care (S+C) programs, Perspectives and Community Involvement Program (CIP), committed to utilizing a portion of their unused S+C grant funds to provide S+C rental assistance to Wayside participants. CIP agreed to provide three S+C rental subsidies and Perspectives agreed to provide two rental subsidies to Wayside. For the most part, the arrangement worked out well and both S+C grants had adequate funds to support the additional rent assistance provided at the Wayside properties. In 2016, CIP’s S + C rental assistance grant was not renewed which resulted in the loss of subsidy for three of Wayside’s rental units. In 2020, Perspective’s S + C grant was not renewed, and as result, the rental assistance for remaining two units ended on September 30, 2020. At this time, Wayside requested that the HA increase the number of PBA units allocated to them from fifteen to sixteen units. The HA approved the increase and Wayside continued to self-subsidized the rents on four of their units. Request for additional PBA units: Wayside has submitted a request to the HA to increase their allocation of PBA units from 16 to 20 units. Considerations: Although the decrease in the number of rent subsidies at Wayside from twenty units to fifteen units (now 16 units) along with new operational practices has resulted in less turnover, there are few concerns that should be considered in approving or denying this request. • The maximum number of units that a HA may project base is 20 percent of its total tenant based HCV allocation. The HA’s current allocation HCV units is 342 which would allow the HA to PBA up to 68 units. The HA currently has 53 PBA units under contract leaving a capacity to allocate 15 more units. In the past year alone, the HA has received requests for 47 PBA units from 3 new affordable housing developments. The HA has a limited number of units that can be project based and although a PBA allocation may be returned to the HA at the end of the contract period, historically, affordable and supportive housing developments request to keep the PBA as long as they continue to administer housing programs. This means that once a PBA award is made, the HAs ability to fulfill future requests will be decreased. • Being able to serve the applicants on the general HCV waiting list is a high priority. Allocating too many PBA vouchers to developments that may experience higher turnover following the one-year residency requirement will reduce the number of applicants the HA will serve off the general waiting list. • The HA has been providing PBA rental assistance to Wayside for 18 years and we will most likely continue to do so indefinitely. Currently 75 percent of the units are subsidized at 30% area medium income. Only Excelsior and Grand has more PBA units (18) than Wayside. • The Excelsior and Grand development entered into a 20-year commitment to designate 18 of its units as PBA units. That commitment expires in March 2023 and it is likely that the 18 PBA vouchers will be returned to the HA and the PBA units will transition to market rate units and the tenants will be provided with TBA vouchers. The HA will be able to reallocate those units to fulfill future PBA requests. The HA may want to reconsider the request from Wayside at that time. The HA has a long history of project basing units at Wayside and supports the work that they do and the community they serve. The improved operation of the program has decreased turnover and lessened the impact on the HCV waiting list applicants. An award to Wayside of four additional units would provide rent subsidy to all 100 percent of the property’s units. Future allocation funding Funding levels for HAP assistance in 2021 continued at levels similar to levels received the past several years. The HA has received new allocations of vouchers for Mainstream, FUP and the enhanced voucher programs increasing the number of units the HA can designate as PBA. There is the potential for receiving additional voucher allocations from HUD in the future but it our overall allocation will not change significantly. If the contract for the 18 PBA units at Excelsior & Grand is not renewed, the HA will have greater capacity to project-base units in 2023. The request from Wayside could be revisited at that time. Staff will review Wayside’s request and discuss the HA’s options and concerns noted above at the Board meeting. Supporting Documents: Email Request from Wayside Prepared by: Michele Schnitker, CD Deputy Director/Housing Supervisor From: Cathleen Williams Bell <cathleen.bell@waysiderc.org> Sent: Wednesday, May 5, 2021 2:43 PM To: Nicole Randall <nrandall@stlouispark.org> Subject: additional vouchers CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Nicole, We want to ask the HAP board for the additional four vouchers that make up the twenty units at Wayside Supportive Housing. Currently, two single women are to share each of the four units. We have not been successful finding newly sober, single women who can pay the unsubsidized rent; consequently, these units have often been vacant. This is disturbing as we have a substantial waiting list for families, many of whom are homeless, and we can't offer them homes. Should we write another letter to be read at the next board meeting or do you have any other suggestions? Cathleen Bell Program Manager-Supportive Housing W: 952-224-8296 F: 952-542-0031 www.waysiderecovery.org Empowered women. Empowered families PRIVATE and CONFIDENTIAL: This electronic mail message and any attached files contain information intended for the exclusive use of the specific individual(s) or entity to whom I have addressed it. They may contain information that is proprietary, privileged, confidential, and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure, or distribution of this information is prohibited and may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message as well as any attachments without making copies. Thank you. HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item# 6f St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Affordable housing dashboard RECOMMENDED ACTION: None. This report is informational only. POLICY CONSIDERATION: None. SUMMARY: Staff have been working with Dan Castenada, the city’s GIS coordinator, to create an affordable housing dashboard. The first phase of the dashboard includes all multifamily properties completed, under construction or approved since the inception of the city’s inclusionary housing policy. The housing dashboard is the first of potentially many dashboards that the city will be creating as part of the smart cities initiative. The Community Technology Advisory Commission has provided input on the dashboard and will be presenting the dashboard to the city council June 14. Staff will give a demonstration of the dashboard at the meeting. Staff will also give a demo of the affordable housing storyboard map which is currently available on the city’s website. Prepared by: Marney Olson, assistant housing supervisor HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item# 6g St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Wealth building homeownership program RECOMMENDED ACTION: None. This report is informational only. POLICY CONSIDERATION: None. SUMMARY: Increasing homeownership among households is an important policy objective for a number of reasons, primarily because of the financial, social, and psychological benefits that homeownership may convey, which include: 1) Higher wealth accumulation (e.g. increase in home equity can be leveraged to pay for children’s college education; 2) Greater positive outcomes for children (e.g. children remain in school longer); 3) Increased social/local neighborhood capital (e.g. homeowners are incentivized to maintain or improve local communities) and 4) Improved psychological and physical health (e.g. homeowners gain a sense of accomplishment via greater control over living environment). It is recognized that historical and institutional racism has disproportionately created housing challenges and disparities for Black, Indigenous, and People of Color (BIPOC) communities and other underserved low-income communities. Black persons/households have historically been prohibited from purchasing and owning a home due to redlining, block busting and decimation of Black neighborhoods for “public purposes” (i.e., freeways). Additionally, the income and education gap between households of color and white households has resulted in difficulty for black households and households of color to obtain a mortgage which produces on-going housing stability issues. Due to this income gap and other social injustices, many households of color have poor credit or no credit, making it even harder to get a mortgage or to get a mortgage with a favorable interest rate. In Minnesota, 76% of all white households own their home while only 26% of black households are homeowners. The homeownership program being proposed is designed to address these historic injustices and inequities, to facilitate affordable homeownership to Black persons/and other people of color households and to provide a means for wealth-building. At the June 28th council meeting, staff will be presenting a proposed homeownership program to the council that will seek to address the disparity between homeownership rates for white households versus households of color. The program will provide financial assistance to low-income first-generation buyers. First generation buyers are defined as byuers who have never owned a home and whose parents have never owned a home. The goal of the program is to build wealth in communities most impacted by housing challenges and disparities and pilot an innovative program to address housing challenge for Black, Indigenous, and People of Color (BIPOC) communities and other low-income communities and support inclusive and equitable communities. PROPOSED PROGRAM SUMMARY (draft): Eligible Borrower: • 1st generation buyer • Must intend to occupy the property as their primary residence. • The borrower’s maximum household income cannot exceed 80% of the area median income (AMI) based on a family size of four. Income limits will be increased based on family size for families with more than four members. The current 80% AMI income for a family of four is $79,900. Eligible Properties: • A single family (including a townhome or condominium) or duplex property located within the city limits of St Louis Park. • Purchase may not exceed the MN Housing 11 county home value limit for the state’s Start Up home buyer assistance program single-family home ($352,300). No limit on purchase price for a duplex. • Owner occupied dwellings only. The homebuyer must homestead and occupy the home within 60 days following the home purchase closing. Loan Terms: • The loan has zero percent interest. • There are no monthly payments. • The loan is forgiven at a prorated rate (5% per year) over a twenty-year owner occupancy period. If the homeowner ceases to occupy the home as a primary residence during the twenty-year owner occupancy period, the remaining balance of the loan must be repaid. • Borrower must contribute at least $1,000 to down payment or closing costs to purchase home. Loan Amount: • The maximum homebuyer deferred loan amount will be based on the household’s income and the purchase price of the home. Households with lower incomes will be eligible for loans based on a higher percentage of purchase price. A maximum deferred loan provided will be as follows: o Households with incomes at or below 50% AMI: 25% of the purchase price not to exceed $75,000. o Households with incomes between 51% and 60% AMI: 20% of the purchase price o Households with incomes between 61% and 80% AMI: 15% of the purchase price. • This program may not be layered with Down Payment Assistance Program for 1st Time Homebuyers from the City of St. Louis Park. Use of Funds: • Down payment costs and closing costs as needed per the restrictions listed above. Required Homebuyer Financial and Homeownership Counseling and Education: • Homebuyers must complete homeownership and financial wellness counseling and education. The city will reimburse buyers for any approved educational program costs at the time of closing. The funding source for the program will be Housing TIF from districts that have expired. The city has budgeted $300,000 for this program. Center for Energy and Environment (CEE) will administer the application and loan process. Provided the council supports moving forward with the program following the presentation on the 28th, the staff will finalize the program criteria and application process. Staff will also begin working with metro area agencies administering homeownership programs and realtors to marketing the program. Prepared by: Michele Schnitker, cd deputy director/housing supervisor HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item# 6h St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Boards and commission updates POLICY CONSIDERATION: None. SUMMARY: With the recent roll back of MDH and CDC regulations related to COVID-19 and the anticipated end of the state’s peacetime emergency declaration, it is time for boards and commissions to prepare for a return to in person meetings for the remainder of the year. The city has prepared some guidelines and resources to assist commissions in this process. The guidelines are listed below. In Person Meetings Boards and commissions should plan to begin meeting in person starting July 1st. Staff liaisons are expected to attend all meetings in person. Here are guidelines to help commissions transition to in person meetings. - Why commissions need to return to in person meetings. o The board/commission is a public body and is subject to open meeting laws. o The temporary measures that were put in place at the state level to allow public bodies to meet remotely do not apply outside of an emergency declaration. o The city’s expectation is that members of public bodies will be physically present at meetings. o CDC and MDH guidance now suggest that it is safe to return to in-person meetings. Currently there are no masking or distancing requirements. Commissioners should feel free to practice those behaviors if needed based on your own personal comfort level. o See the League of MN Cities guidance on open meeting laws and returning to in person meetings. - If a commissioner wants to participate remotely because of medical reasons, please let me know as soon as possible. The state has provided guidance for members of public bodies who may need to participate remotely due to a medical exception. - Official agendas and meeting notices will clearly reflect that the board/commission will be meeting in person. o Meeting notices should include the date, time, location of meeting and agenda. o If there are members with a medical exception who will participate in a meeting remotely, that information must be included on the meeting notices and agendas. o There are no distancing or masking requirements. We will work with Board members to accommodate any special request you may have. o As a public body, the meetings must be open to the public. We will plan to accommodate attendance from community members in the meeting space. o Consider technology needs and connect with IT staff at least 1 week prior to the meeting.  Are any members participating remotely? • Liaisons must set up WebEx meeting and use the camera on laptop so remote members can see the in-person members  Public listen only line will stop effective July 1 New commission appointments The council appointed members to the HA, Planning Commission and CTAC on Monday, May 17. The council will appoint members for the HRC, ESC and PAC on June 7. Reminders to Board members: o Boards and commissions are advisory groups to the city council. The expectation is that the board/commission will follow their approved work plan unless otherwise directed by the city council. o The appropriate communication chain to members of your board/commission. Board/commission members - staff liaison - department director/city manager - city council Staff will review the information provided above at the meeting and discuss any concerns and answer any questions that the Board members may have. Prepared by: Michele Schnitker, CD deputy director/housing supervisor HOUSING AUTHORITY OF ST. LOUIS PARK Agenda Item 6i St. Louis Park, Minnesota Meeting Date: June 9, 2021 TITLE: Election of Officers RECOMMENDED ACTION: Staff recommend the Board of Commissioners hold the annual election for the Chair, Vice-chair and Secretary to serve as officers for the Housing Authority (HA) Board for the next year from among the Commissioners of the Authority following approval of agenda item 6c Amendment to the bylaws. POLICY CONSIDERATION: An amendment to the bylaws is proposed in agenda item 6c at the meeting tonight, June 9, 2021. The amendment includes a change to the election of officers and annual meeting from July to the first regular meeting following the month of May. The Vice-Chair position was vacated by William Price upon his resignation, so the board is required to elect a Vice-Chair to fill this vacancy. SUMMARY: According to the bylaws of the HA, the HA Annual Meeting is to be held at the first meeting in July. Agenda item 6c, amendments to the bylaws, proposes a change to the bylaws to hold the elections and annual meeting at the first regular meeting following the month of May. The Chair, Vice-Chair and Secretary shall be elected at the annual meeting of the HA from among the current Commissioners of the Authority and shall hold office for one year or until their successors are elected and qualified. If a position is vacated prior to the annual election, the board must elect a board member to serve in the vacated officer position until the next annual election. The Vice-Chair position was vacated by William Price when he resigned from the board. This is the first meeting with the Vice-Chair vacancy. The current slate of officers is as follows: • Chair: Catherine Courtney • Vice-Chair: Vacant • Secretary: Catherine Johnson NEXT STEPS: None Prepared By: Marney Olson, Assistant Housing Supervisor PTD YTD PTD YTD PTD YTD PTD YTD PTD YTD PTD YTD Balance Balance Balance Balance Balance Balance Balance Balance Balance Balanc Balance Balance Rental Income 64,916.00 260,217.00 Subsidy - HUD 50,243.00 158,288.00 299,975.00 1,057,534.00 Other income - Tenants 44.00 215.00 Interest Income - Operating Transfers In FSS Forfeiture 12,083.00 Other income - - 23,092.00 278,282.00 8,633.00 88,438.00 (3,749.00) (853.00) Grants/Admin Fees 31,976.00 111,635.00 3,413.00 31,878.00 1,540.00 16,650.00 - - 115,203.00 430,803.00 331,951.00 1,169,169.00 26,506.00 310,160.00 10,163.00 105,088.00 (3,749.00) (853.00) Salaries & Benefits 21,533.00 86,111.00 9,720.00 39,244.00 3,028.00 32,118.00 9,304.00 102,438.00 - Training - - 1,395.00 Other Admin 12,034.00 37,294.00 5,285.00 18,579.00 245.00 - 33,567.00 123,405.00 15,005.00 59,218.00 3,028.00 32,363.00 9,304.00 102,438.00 - Water 656.00 8,155.00 Electricity 4,553.00 19,766.00 Gas 3,071.00 19,120.00 Sewer/ Garbage 11,505.00 72,399.00 19,785.00 119,440.00 - - - - Salaries and Benefits 10,095.00 55,865.00 Contract Costs 15,569.00 47,674.00 5,511.00 22,734.00 - 25,664.00 103,539.00 5,511.00 22,734.00 - - Insurance 3,884.00 15,534.00 Pmts In Lieu Of Tax 2,728.00 9,688.00 Misc Expenses 2,089.00 7,297.00 Collection Losses - Extraordinary Expenses - - FSS Expense - - Operating transfer - HAP Expense - - 267,214.00 1,004,205.00 23,092.00 278,282.00 8,633.00 88,438.00 Gain/loss on FA - - - - - Depreciation 24,896.00 99,586.00 - - - - 103,196.00 425,564.00 309,899.00 1,182,206.00 26,119.00 310,645.00 9,304.00 102,438.00 (3,749.00) (853.00) 1.00 9.00 (276.00) 644,161.00 12,015.00 5,266.00 22,052.00 (13,028.00) 385.00 (485.00) 859.00 2,650.00 (276.00) 644,161.00 - (853.00) St Louis Park Housing Authority Income Statement For the Period Ended 4/01/2021 BUDGET PROGRESS REPORT TOTAL RECEIPTS EXPENSES Administrative Total Admin Expenses ROSS (FSS) REVENUES Public Housing Voucher Stable Home KIP General Fund General Expenses Total General Exp. TOTAL EXPENSES NET INCOME/LOSS Utilities Total Utilities Exp. Maintenance Expenses Total Maintenance Exp Non Operating Revenue