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© Copyright 2009 Nan McKay & Associates

Earned Income Disallowance


Housing Help SessionsName of session – date of session

NMA Host:Trainer Enter your name here


Earned Income Disallowance


Housing Help SessionsPortabilty – May 8, 2009

NMA Host:Trainer Annie Stevenson



Housing Help Sessions

Portability – May 8, 2009

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Welcome to Your Housing Help Session!

Today’s Topics: Notice PIH 2008-43 Initial and receiving responsibilities Billing deadlines Portability denial




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Welcome to Housing Help!

Upcoming topics for the occupancy series: 5/15/09: Site-based waiting lists (PH) 6/5/09: Owners in HCV 6/12/09: PHAS for property staff




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Portability




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Overview

Portability definition: Process of leasing or purchasing a dwelling

unit with voucher tenant-based assistance outside of the jurisdiction of the PHA that initially issues the family its voucher




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Portability

The family may move to any jurisdiction of a PHA with a tenant-based assistance program




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Portability Terms

Initial PHA Receiving PHA Jurisdiction

Admission Administer Absorption




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Limitations

Doesn’t apply to project-based programs Family may not move under portability if they

moved out of the assisted unit in violation of lease VAWA creates an exception

In order to protect the victim of domestic violence




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Limitations

PHA may establish policy to prohibit moves during the initial lease term

PHA may prohibit more than one move (within and outside) of jurisdiction during any one year period




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Residency Restriction

Special requirements for families where neither head or spouse had a legal residence in jurisdiction of initial PHA at time of original application




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Residency Restriction

During the 12 month period from the time the family is admitted to the program . . . Family may lease unit anywhere in IHA

jurisdiction Family does not have a right to portability IHA may allow portability during this period but

RHA must agree




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Effect of Residency Restriction

Family lives in Charleston, applies for Jacksonville’s program, is placed on Jacksonville’s waiting list

While on list, family moves to Jacksonville and resides there when final eligibility is determined




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Where may family lease for the first year? Only in Jacksonville, unless

Both IHA and RHA agree to allow the port




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Lives inSan Diego& applies

Movesto LA

Moves to SFO

Top of SD WL

Where may the family lease-up during the first year of rental assistance?




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Where Family May Move

Receiving PHA must provide housing services for the family, if they have a tenant-based assistance program Families limited to areas with a PHA with a

tenant based program If more than one PHA in area, IHA may

designate the RHA




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Income Limit Restrictions (New Admission)

Family must be income eligible in area of initial lease-up




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Income Limit Restrictions (New Admission)

If PHA jurisdiction has more than one income limit area For voucher issuance

Use highest income limit area to determine eligibility For admission

Use actual income limit where family leases




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Denying Portability Due to Insufficient Funding

New! Notice PIH 2008-43 Published 12/3/08 Updates PIH 2004-12

Adds conditions for denials based on funding Sanctions for improper denials




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Port to higher cost area may only be denied if IHA would have to terminate HAP contract(s) of other families Must be able to document Spreadsheet available at

http://www.hud.gov/offices/pih/programs/hcv




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Before denying port, IHA must contact RHA to determine if RHA will absorb

If port denied, PHA may not admit any applicants until funding is sufficient for port When funds are available, must promptly process

port if family still wishes to move




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Sanctions for improper port denials Admin fee reduction up to 5% for 2 quarters Additional remedial actions or sanctions may be

imposed Improper denial is a violation of program

regulations




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Income Limit Restrictionsfor Participants

Participants who exercise portability are NOT subject to RHA’s income limits




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Responsibilities of the Family

Family must Notify IHA where they intend to move Promptly contact RHA and comply with

RHA’s procedures Submit RFTA during term of RHA’s voucher




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Responsibilities of IHA

Advise the family how to contact the RHA Name and phone # of the RHA person

responsible for incoming portables Don’t just refer the family to HUD’s website or

provide the address




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Advise the family how to request assistance from the RHA Information regarding voucher issuance

procedures of RHA HUD-52665 now has a line for name of the

RHA to which family is referred




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Promptly notify the RHA to expect family Phone, fax or e-mail RHA

Advise family to contact RHA promptly and comply with RHA procedures

If new admission, determine if income eligible at RHA If not, disapprove move to that area




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Review Portability Form

Portability billing form HUD-52665 Link in your HHS e-mail




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HUD-52665 Part 1

Initial PHA Information and Certification1. & 2. Head of Household name, SSN3. thru 6. Voucher #, BR size, Issue date,

Exp date7. Date of last income examination8. New admission annual income




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HUD-52665 Part 1

9. Date initial billing to be received (60 days following IHA voucher expiration date)

10. 80% of IHA ongoing administrative fee11. RHA to which the family has been referred




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Responsibilities of IHAHUD-52665 Part 1

Send documents to RHA (mail or fax): Portability Form (HUD-52665),Part 1 completed Copy of voucher Current 50058

For applicants, provide family and income information in format similar to HUD-50058

Income verification




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Reimburse RHA for HAP payment Pay RHA 80% of IHA’s ongoing admin fee

80% of the administrative fee per unit cost as determined by HUD or

Some other negotiated amount if both PHAs agree




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Pay/reimburse RHA for other amounts due

Make payments per portability billing form and within required timeframes




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IHA may not terminate or delay making payments under existing portability billing arrangements due to: Over-leasing or Funding shortfalls




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IHA may only terminate HAP contracts for insufficient funds, to which it is a party

IHA may request that HUD transfer units from their ACC to the RHA’s ACC to eliminate portability billing arrangements




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Responsibilities of RHA

RHA does not re-determine eligibility for a participant family Wait list & preferences do not apply

Determine family unit size per RHA subsidy standard




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Promptly issue a voucher to the family HUD expects issuance within 2 weeks of

receiving form HUD-52665 and supporting documentation If information is in order and family has

contacted RHA




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RHA must refer family back to IHA if Voucher has already expired when RHA

receives portability paperwork Family decides not to lease in RHA’s

jurisdiction




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IHA voucher becomes voucher of record and any extension under these circumstances is at IHA’s discretion




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RHA may Conduct new reexamination

Cannot delay issuing voucher/approving unit unless recert is determining income eligibility

Opt to screen applicants for suitability




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May delay approval of unit or issuance of voucher for non-compliance with RHA procedures (e.g. signing consent forms)




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Must offer informal review or hearing (CFR 982.554 and 982.555) if refusing to process or provide assistance under portability procedures

RHA voucher term cannot expire before IHA voucher




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Pop Quiz

When a family is issued a voucher by the RHA and requests additional search time, which PHA decides whether or not to extend the voucher?A. Initial PHAB. Receiving PHA




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RHA must determine whether to extend the term of the voucher May provide additional search time beyond the

expiration date of the IHA voucher Initially when RHA issues own voucher, or Subsequently extend RHA voucher term

Extension is only valid in RHA’s jurisdiction




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RHA must Notify IHA of any extension beyond IHA

voucher term, and Bill within the original deadline of the IHA

voucher if not absorbing




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If portable family decides not to lease or wants to move to another jurisdiction RHA does not issue voucher, but notifies

IHA IHA issues voucher and sends HUD-52665

and supporting documents to new RHA




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RHA must promptly notify IHA whether it will bill or absorb

If RHA decides to bill Send copy of form HUD-50058 with HUD-

52665 Part II completed




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Responsibilities of RHA52665 Part II

Part II-A: RHA Certification Family information Voucher size per RHA subsidy standard Certification that information is true and

correct




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Part II-B: Family Status, Initial HAPC Execution, Billing Changes after HAPC Execution Must complete and mail within 10 working days from

HAP contract execution, or Effective date of billing amount change

Submitted only when amounts change




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Part II-B: RHA may NOT agree to a different billing

schedule with IHAForm has not been correctedAll billing schedules must comply with

PIH 2008-43




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Part II-B: 1. Family failed to submit RFTA; voucher expired2. HAP contract executed, RHA absorbing

eff: (date)3. HAP contract executed eff: (date)

RHA administering Form HUD-50058 attached; part 9 of 52665

completed




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Part II-B: 4. HAP changed eff: (date)

Reason 50058 attached, part 9 of 52665 completed

5. HAP payments Abated eff: (date) Abatement released eff (date)




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Part II-B: 6. Family terminated effective (date)

Reason

7. RHA is absorbing family effective (date)




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Part II-B: 8. HAP contract terminated, (family moving)

Will not be remaining in RHA jurisdiction Will be remaining in RHA jurisdiction;

new voucher expires: (date)




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Part II-B: 8. HAP contract terminated, (family moving) If portable family is moving to another

jurisdiction RHA does not issue voucher, but notifies IHA IHA issues voucher and sends all supporting

documents to new RHA




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Part II-B: 9. Billing Information

a. Monthly HAPb. Ongoing admin fee c. Total regular monthly amount




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Part II-B: 9. Billing Information

Additional amounts dued. Prorated HAPe. Hard to house (do not use)f. Otherg. Totalh. Payment due this billing submission




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Send a copy of updated HUD-50058 at each annual reexamination during billing period Regardless of whether there is a change in

the billing amount




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Submission of Initial Billing Amount

RHA must submit initial billing notice no later than 10 working days following the date HAP contract is executed, and

In time that it will be received by IHA no later than 60 days following the expiration date of the family voucher issued by the IHA




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Submission of InitialBilling Amount

IHA, as a rule, is not obligated to honor initial billings If postmarked, emailed, or faxed more than 10

working days after the execution date of the HAP contract Date HAP contract is signed, not effective date (if

execution date and effective date not the same)




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Generally, an RHA that failed to submit bill within 10 working days of HAP contract execution date Will be required to absorb the family unless

IHA is willing to accept late billing




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If IHA Has not received RHA’s billing within 60 days of

IHA’s voucher expiration, and Does not intend to honor a late billing

Then IHA must contact RHA to determine status of the family




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Submission of Initial Billing Amount

If family is Under HAP contract and RHA cannot

absorb, IHA must accept the late billing NOT under HAP contract, IHA may inform

RHA they will not accept any subsequent billing




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IHA must immediately inform RHA in writing of decision not to accept the late billing

If RHA still sends late billing, IHA returns to RHA




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Payment of Initial Billing

IHA must pay within 30 days of receipt of Part II of HUD-52665 indicating billing amount

Payment must be provided in a form and manner that the RHA is able and willing to accept




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Payment of SubsequentBilling Amounts

IHA must ensure that subsequent billing payments are received no later than the fifth working day of each month New deadline is in effect for existing billing

arrangements




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If IHA fails to make monthly payment by the fifth working day of the month, RHA must notify IHA in writing of the deficiency RHA not required to submit a billing each

month




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RHA’s notice to IHA must include Family name (s) Amount of late payment Date payment received (if received)

A copy must be sent to the Director of the Office of Public Housing (OPH) in the RHA’s HUD area office




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If IHA fails to correct by the second month following notification, RHA may request HUD to transfer the unit(s) in question Procedures for requesting transfer of units is

described in Section 12 of Notice 2008-43




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Notification of Change in Billing Amount or Other Action

RHA must notify IHA no later than 10 working days following the effective date of change Send new 52665 & 50058 Changes include:

Billing amountTerminationAbsorption




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HUD Reviews

HUD will perform periodic reviews of PHA billing to determine if information between IHA and RHA is consistent PHAs will submit billing information to HUD




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HUD Reviews

PHAs should work with other PHAs before review Review portability records Address discrepancies prior to HUD review

PHAs not fulfilling requirements may be subject to penalties




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Penalties Related to Billing and Payment

RHA failure to bill timely may result in: Reduction in RHA’s administrative fee Transfer of units from RHA to IHA

IHA failure to pay timely may result in: Reduction in IHA’s administrative fees Transfer of units from IHA to RHA




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PIC Data Entry

Section 14 of Notice 2008-43 clarifies the correct action codes to be used when completing the HUD-50058 for portable families Lines 2a, 12d and 12f




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PIC Data Entry




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PIC Data Entry Portability Move-in or New Admission

HUD-50058 line number 2a Action code 4 or 1

Applicant RHA submits 1-New Admission

Participant RHA submits 4-Portability Move-in




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PIC Data Entry

Portability Move-out HUD-50058 line number 2a Action code 5

IHA submits 5-Portability Move-out whether RHA bills or absorbs If RHA bills submit after family has executed HAP

Contract




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PIC Data Entry




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PIC Data Entry

HUD-50058 Line Number 12d Enter Y in this field if portable family, whether

PHA is billing or absorbing HUD-50058 Line Number 12e

Amount billed (0 if absorbed) HUD-50058 Line Number 12f

PHA code of the billed PHA




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NMA Lunch ‘n’ Learn Seminar

NEXT TOPIC…




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NMA Lunch ‘n’ Learn Seminar




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Upcoming Housing Help Sessions 05/15/09: Site-Based Waiting Lists (PH) 05/22/09: Physical Needs Assessment and the

5-year Plan for Capital Improvements (PH) 05/29/09: Creating & Managing a Housing

Nonprofit (PH)

welcome to your housing help session!

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