slide #1 © 2007 nan mckay & associates terry provance public housing community service / pets...

Slide #1©2007 Nan McKay & Associates

Terry Provance

Public Housing

Community Service / Pets

©2007 Nan McKay & Associates


Welcome to Lunch N Learn!

Today’s Topics:• Community Service

RequirementsExemptionsNoncompliance

• Pets and Service Animals


Welcome to Lunch N Learn!

Upcoming topics for the occupancy series:• 10/5/07: Common Rent Calculation Errors &

How to Reduce Them• 11/2/07: FSS Case Management• 12/6/07: HCV Leasing Activities• 12/7/07: Effective Property Management


Community Service


Background Information

The Quality Housing and Work Responsibility Act of 1998 (Public Housing Reform Act) amended Section 12 of the United States Housing Act of 1937 to establish community service and self-sufficiency requirements for certain residents of public housing• Does not apply to Section 8 programs



Originally, community service had to be implemented beginning with PHA fiscal years that commenced on or after 10/01/2000



FY 2002 Appropriations Act temporarily suspended community service, except for residents of HOPE VI developments

PHAs were not to implement or enforce community service (except under HOPE VI) using FY 2002 funds



Notice PIH 2003-17 (HA) was issued on June 20, 2003 to reinstate community service

By July 31, 2003 PHAs had to provide all residents with written notice about the reinstatement of the requirement, their exempt/nonexempt status, and what to do in order to comply



By October 31, 2003 PHAs had to assure that all affected residents were performing their community service requirements


Purpose

Community service and self-sufficiency requirement is intended to:• Assist adult public housing residents in

improving their economic and social well-being• Give them a greater stake in their communities

by allowing them to “give something back”• Facilitate their upward mobility


Community Service Definition

Community service is:• Voluntary work or duties

That are a public benefit, and Improve the quality of life, enhance resident

self-sufficiency, or increase resident self-responsibility in the community

• Not employment• May not include political activities


Self-sufficiency Definition

Economic self-sufficiency is:• Any program designed to encourage, assist,

train, or facilitate the economic independence of HUD-assisted families or to provide work for such families…


Self-sufficiency Definition

Economic self-sufficiency programs include:• Job training• Employment counseling• Work placement• Basic skills training• Education• English proficiency• Workfare

• Financial or household mgt

• Apprenticeship

• Any pgm necessary to ready for work (e.g. substance abuse or mental health treatment pgm)

• Other work activities


PHA Plan Requirements

PHAs must describe their community service programs in their PHA annual plans, except agencies that are:• High performing PHAs• Small PHAs non-troubled & w/PHAS score > 69• But they are not exempt from administering

community service!


Program Regulatory Information

24 CFR 960 Subpart F was created to address the community service requirements

Also discussed under lease requirements in 24 CFR 966.4(a)(2)(ii) & 966.4(l)(2)(iii)(D)

PHA Plan requirements are found in 24 CFR 903.7(l) and exemptions in 903.11(c) & 903.12


Resident Requirements

Except for family members who are exempt, each adult family member must contribute 8 hours per month of:• Community service activities, or• Economic self-sufficiency program activities,

or• Combination of the two


8 Hours Per Month

Individuals cannot skip a month and double-up on their hours the following month

PHAs can make exception to this on a case-by-case basis due to extenuating circumstances• Make up hours prior to lease renewal or within

a reasonable period (PHA policy)


Exempt Individuals

Age 62 or older Blind or disabled as defined in the Social

Security Act [42 U.S.C. 416(i)(1); 1382c] and who certifies because of this disability are unable to comply• Primary caretaker of such individual is also

exempt


Exempt Individuals

Is engaged in work activities as defined in the Social Security Act [42 U.S.C. 607(d)]• PHAs are encouraged to consider 30 hours per

week as minimum for work activities• PHAs can use reasonable guidelines to clarify

list of work activities in coordination w/TANF agency (list of 12 activities in PIH 2003-17)


Exempt Individuals

Meets requirements for being exempt from work activities under State welfare program

Is receiving TANF and has not been found to be in non-compliance with the program


HUD FAQs

HUD’s Admission and Occupancy FAQs provides additional guidance for community service implementation and enforcement

Located at: http://www.hud.gov/offices/pih/phr/about/ao_faq4.cfm

The following policy issues come from the FAQs


Policy Issues from FAQs

Pregnant females are not automatically exempt• PHA could determine pregnant individual is

temporarily unable to comply & require written verification from physician of such inability

• Or PHA could require individual to make up hours after pregnancy but prior to lease renewal or within a reasonable period



Home schooling of children may be an eligible community service activity if the PHA determines it as such

Stay-at-home parents are not exempt• But could meet their 8 hours through

babysitting for someone performing their community service



For persons receiving unemployment who are required to look for work:• Job search is one of the items listed as an

exempt work activity• PHA must determine if person is “engaged” in a

“work activity” Must have reasonable policies and a means to

verify


PHA Lease Requirements

PHA lease must specify that it will be renewed automatically unless the family fails to comply with the requirements

Violation is grounds for nonrenewal of the lease at the end of the 12-month lease term• Cannot terminate lease for violation of this

requirement during lease term


PHA Policy Requirements

PHA must develop policies for administration of community service• May administer qualifying activities directly, or• Make available through contractor or

partnerships with other community organizations, agencies, or institutionsCould include resident organizations


Eligible Activities

Public Housing Occupancy Guidebook, Chapter 15, gives examples of eligible community service activities• Recommends that PHAs notify their insurance

companies if residents will be doing their service activities at the PHA

Also provides examples of eligible self-sufficiency activities


PHA Requirements

PHA must describe how it determines who is and is not exempt• Including process for determining changes in

exempt status PHA must give all resident families written

description of the requirements, process for claiming and verifying exempt status


PH Occupancy Guidebook

The Public Housing Occupancy Guidebook (Chapter 15) discusses the development of exemption verification forms, and recording/certification documentation forms

Also discusses providing family with a copy of the PHA’s community service policies at initial application and lease execution



NOTE: PH Occupancy Guidebook states forms and policies must be provided at initial application and lease execution, however, there is no regulatory or other mandatory basis for this• Should only be considered recommendations• Sample forms are provided in Appendix VI



PH Occupancy Guidebook says “Activities must be performed within the community and not outside the jurisdictional area of the PHA.” • There is no regulatory or other mandatory

basis for this • Only a recommendation



PH Occupancy Guidebook also says family must sign certification that they have received and read the PHA’s community service policies• There is no regulatory or other mandatory

basis for this • Only a recommendation


PHA Requirements

PHA must notify family of its determination of family members subject to the requirements• And those who are exempt

PHA must review family compliance and verify compliance annually at least 30 days prior to lease end

Verification for activities not administered by the PHA must be by third party


PHA Requirements

PHA must retain documentation of service requirement performance or exemption in the resident files

PHA must comply with non-discrimination and equal opportunity requirements


PHA Requirements

PHA may not substitute community service or self-sufficiency activities for work ordinarily performed by PHA employees, or • Replace a job at any location where residents

perform activities to satisfy the requirements


PHA Requirement for Noncompliance

If tenant or other family member is in noncompliance, the PHA may not renew the lease at the end of the lease term unless:• Tenant/noncompliant member enters into written

agreement to cure by completing additional hours needed by end of next 12-month lease term, or

• Noncompliant member no longer resides in unit


Noncompliance Process

Prior to end of lease term, PHA will make a determination whether all nonexempt family members have complied with the requirement

If PHA determines a family member is noncompliant the PHA must notify the family of the noncompliance


Noncompliance Notice

PHA notice of noncompliance must:• Briefly describe the noncompliance• State PHA will not renew lease unless:

Tenant and any other noncompliant resident enter into written agreement to cure, and cure

Or that noncompliant member no longer resides in unit


Noncompliance Notice

PHA notice of noncompliance must also state that tenant may request a grievance hearing and may exercise any available judicial remedy to PHA’s nonrenewal of the lease


Noncompliance Agreement

The agreement to cure should include:• The additional number of hours needed to

make up the required hours under current lease

• Assurance that all nonexempt members are in compliance

• Assurance that any noncompliant resident no longer resides in unit


Reporting on 50058

Notice PIH 2004-20 (HA), issued October 2, 2004, provided instructions for completing line 3q of the form HUD-50058 for community service

Also, the latest version of the Form HUD-50058 Instruction Booklet, dated June 28, 2004 has this same instruction


Reporting on 50058

As of September 27, 2004, PHAs are not to use option 5, “n/a”, when completing 3q on the 50058 form• Selecting option 5 will result in a fatal error• Option 5 was only to be used for PHAs where

the community service requirement had not yet gone into effect


Reporting on 50058

For Section 8 participant reporting, leave 3q blank

Instructions for completing 3q are found in the 50058 Instruction Booklet, pages 15 & 16

Note that on page 16 it mentions “an average of 8 hours per month” – this was clarified in HUD’s FAQs that it is not an average


NMA Lunch ‘n’ Learn Seminar

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Pets in Public Housing


Pets in Public Housing

Pet rules for mixed population (elderly/disabled) developments effective March 2, 1987• Regulations are found at 24 CFR 5, Subpart C

Pet rules for general occupancy (family) developments effective August 9, 2000• Regulations found at 24 CFR 960, Subpart G


Development Types

Most of the rules are the same for all PHA developments• We’ll point out where the rules differ between

development types• Note when we discuss mixed population, we

are also including designated-elderly and designated-disabled developments


Pet Policies & PHA Plan In mixed population (elderly/disabled)

developments, PHA must notify all residents in writing when developing their pet policies• Residents have opportunity to comment and their

comments must be considered General occupancy development pet policies

must be contained in PHA’s annual plan• Reviewed by Resident Advisory Board


Pet Policies

Pet policies for all a PHA’s developments may be the same if in compliance with regulations for both general occupancy and elderly/disabled developments


Service Animals

PHA’s pet policies do not apply to service animals that assist persons with disabilities or that visit public housing developments

However, a person with disabilities is not automatically entitled to a service animal


Service Animals

Service (or assistance) animals are animals that work, provide assistance, or perform tasks for the benefit of a person with disabilities• Or provide emotional support that alleviates

one or more identified symptoms or effects of a person’s disability


Pets vs. Service Animals

To document a service animal the PHA will document the disability and the connection between the disability and the requested animal• If animal does not remove a barrier to equal

enjoyment of housing related to the person’s disability, the animal is a pet


Pets vs. Service Animals

To avoid confusing the issue, avoid using terms such as “emotional support animal”, “companion animal” or “therapy animal”

All animals could be presented as “support animals”• Animals can provide many benefits to their

owners, but most are pets


Rejecting Service Animals

A service animal can be rejected if there is reliable objective evidence that:• It poses a threat to health & safety

Unless threat can be reduced by reas. accom.• It would cause physical damage to property of

others PHA may not require that service animals have

formal training


No Pet Zones & Service Animals

Refusal to modify a “no pet zone” rule for service animals as a reasonable accommodation would violate civil rights laws unless:• Direct threat to health or safety• Substantial physical damage to property• Undue financial or administrative burden to PHA• Fundamentally alters the nature of services


Service Animals & The Lease

Families with service animals must still abide by lease provisions concerning health, safety and peaceful enjoyment• The lease can be enforced even if the lease

violation is related to the presence of a service animal


Pet Ownership Conditions

May own 1 or more common household pets if resident maintains each pet:• Responsibly• In compliance with applicable state and local

public health, animal control, and animal anti-cruelty laws and regulations, and

• In accordance with PHA policies


Common Household Pets

HUD did not define “common household pet” for public housing• Due to variations among local communities

PHA should define



PHAs may adopt the definition of common household pet for HUD multifamily programs found in CFR 5.306(1)• Need to check with state and local law



May also wish to consider restrictions recommended by People for the Ethical Treatment of Animals (PETA)• Animals held to produce offspring for sale• Wild or feral animals• Animals whose climate needs cannot be met• Pot-bellied pigs


Reasonable Requirements

PHA may prohibit types of animals classified as dangerous (check state & local law)• This provision of the regulations is statutory

May have prohibitions on individual animals based on certain factors, including size and weight of animals



May limit number of animals in a unit, based on unit size

May place restrictions or prohibitions based on size and type of building or project or other relevant conditions



May require registration of pets with the PHA Such registration might include:

• Certification from veterinarian, or state or local authority, that pet has had all shots

• Enough information to identify pet• Name, address and phone of responsible

party if owner unable to care for pet


Requirements & Restrictions

May require that pets are spayed or neutered PHA may not require pet owners to have any

pet’s vocal cords removed


Fees and Deposits

In general occupancy developments may require non-refundable nominal fee to cover reasonable operating costs related to presence of pets• Not applicable to elderly/disabled developments


Fees and Deposits

In all PHA developments, may require payment of a refundable pet deposit to cover additional costs not otherwise covered

In general occupancy developments, could have both a non-refundable fee and a refundable deposit, or one or the other


Pet Deposits Not required In mixed-population (elderly/disabled)

developments amount must not be larger than the TTP or a reasonable standard amount• Can use in general occupancy developments

If PHA requires deposit, must place in:• Account required by state or local law; or• If no state or local requirements, use laws for unit

security deposit


Pet Deposits

PHA must comply with law as to:• Retention• Interest• Return• Other


Additional Information

PHA could set pet-free areas• But PHAs must generally

allow pets PHA may not require liability

insurance • (FR Vol. 65, No. 132,

7/10/2000, p. 42521)


Additional Information

Admission and Occupancy FAQs provide further guidance – located at: http://www.hud.gov/offices/pih/phr/about/ao_faq5.cfm

PH Occupancy Guidebook, Chapter 16 • Contains table contrasting regulations for mixed

population & general occupancy developments



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