Set Public Hearing for Public Housing Authority (PHA) Administrative Copyrighted
J uly 20, 2020
City of Dubuque Items to be set for Public Hearing # 1.
City Council Meeting
ITEM TITLE: Set Public Hearing for Public Housing Authority(PHA)Administrative
Plan
SUM MARY: City Manager recommending the City Council set a public hearing for
August 17, 2020 on the Revised Administrative Plan for the Housing
Choice Voucher Program.
RESOLUTION Intent to approve Revision of the Administrative Plan for
the Housing Choice Voucher Program
SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing forAugust
DISPOSITION: 17, 2020Suggested Disposition:
ATTACHMENTS:
Description Type
Housing Choice Voucher Administrative Plan Changes- City Manager Memo
MVM Memo
Memo to Set Public Hearing Staff Memo
Resolution Setting Hearing Resolutions
E�ibit A-Admin Plan Revision Summary Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Set Public Hearing for Approval of the Revised Administrative Plan for the
Housing Choice Voucher Program
DATE: July 15, 2020
Housing and Community Development Director Alexis Steger requests the City Council
set a public hearing for August 17, 2020 on the Revised Administrative Plan for the
Housing Choice Voucher Program.
The Housing and Community Development Department has conducted a full review of
the entire Housing Choice Voucher Administrative Plan and has revised all chapters
(1-17) in order to adapt to modern practices, HUD guidance and create program
efficiency. The addition of Chapter 18 is also part of the revision which would be
adopted from the Nan McKay Administrative Plan model as it refers to the Project
Based Vouchers under the Rental Assistance Demonstration Program. HUD has
requested that the City move remaining Moderate Rehabilitation Vouchers into the
Rental Assistance Demonstration Program in the coming years.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
DATE: July 14, 2020
RE: Set Public Hearing for Approval of the Revised Administrative Plan for the
Housing Choice Voucher Program
INTRODUCTION
The purpose of the memorandum is to request the City Council's to hold a Public
Hearing for the purpose of accepting the revision to the City of Dubuque's Housing
Choice Voucher Administrative Plan.
BACKGROUND
Federal regulations require Housing Authorities to prepare and maintain an
Administrative Plan. The authority for Public Housing Authority policies is derived from
federal statutes, federal regulations, guidance issued by HUD, state law, and local
policy.
Changes to the administrative plan require review by the Resident Advisory Board, the
Housing Commission, the City Council and HUD. The Voluntary Compliance Agreement
requires changes to the administrative plan be reviewed by HUD for approval, submitted
to the Resident Advisory Board, followed by the City's Housing Commission for public
comment and approval, and to the City Council for final approval. After City Council
approval, the City will fully adopt and implement the amended Administrative Plan.
DISCUSSION
The Housing & Community Development Department has conducted a full review of the
entire Housing Choice Voucher Administrative Plan. The Housing & Community
Development Department has revised all chapters (1-17) in order to adapt to modern
practices, HUD guidance and create program efficiency. The addition of Chapter 18 is
also part of the revision which would be adopted from the Nan McKay Administrative
Plan model as it refers to the Project Based Vouchers (PBV) under the Rental
Assistance Demonstration (RAD) Program. HUD has requested that the City move
remaining Moderate Rehabilitation Vouchers into the RAD program in the coming years.
A summary of changes from the current Admin Plan are detailed on the attached
summary, Exhibit A.
RECOMMENDATION
I respectfully request that City Council set a public hearing for August 17, 2020 for the
revised Administrative Plan for the Housing Choice Voucher Program.
Prepared by Gina Hodgson, Assisted Housing Supervisor
2
Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100
RESOLUTION NO. 225-20
INTENT TO APPROVE REVISION OF THE ADMINISTRATIVE PLAN FOR THE
HOUSING CHOICE VOUCHER PROGRAM
Whereas, the City of Dubuque is designated as a Public Housing Authority; and
Whereas, the City of Dubuque maintains a comprehensive Public Housing Authority
Administrative Plan; and
Whereas, the City of Dubuque desires to revise said Public Housing Authority
Administrative Plan; and
Whereas, the Housing & Community Development Department will adopt the revisions
to the Public Housing Authority Administrative Plan, subject to City Council approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council intends to approve the revision to the Public Housing
Authority Administrative Plan for the Housing Choice Voucher Program.
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to adopt a revision to the Public Housing Authority Administrative Plan for the
Housing Choice Voucher Program on the 17th day of August 2020, at 6:30 p.m.
Section 3. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually
through GoToMeeting. The official agenda will be posted on Friday, August 14, 2020 and
will contain listening, viewing, and public input options. The City Council agenda can be
accessed at https://cityofdubuque.novusagenda.corn/AgendaPublic/ or by contacting the
City Clerk's Office at 563-589-4100, ctyclerk(ccityofdubuque.orq.
Passed, approved and adopted this 20th day of July 2020.
Roy DFrol, Mayor
Attest:
[Win S. Firrisahl, 'City Clerk
Dubuque
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Housing & Community Development Department
Public Housing Authority
Administrative Plan Review
Spring 2020
Proposed Changes — Chapter 1 Overview
• Mission statement more concise
The PHA's mission is to provide decent, safe, and affordable rental housing and
to provide opportunities that promote self-sufficiency, economic independence,
and homeownership opportunities for eligible participants.
• Removal of VCA requirements no longer in effect, such as noting that we will not
decrease the size of the program without HUDs approval.
• Removal of Ordinance Language for the Commission and the Federal
Regulations from Chapter 403A, to reduce the size and frequency of which the
admin plan will need to be updated. All are still referenced and apply.
• Removal of all the history of switching from Housing Commission governing the
program to City Council. Old information and cumbersome.
Proposed Changes- Chapter 2 Fair Housing and Equal Opportunity
• Intro
o Removing information specific to Alvin Nash within the VCA
explanation
o Updating Outreach Method and Rationale with current
demographics
• 2-11.A. Overview
City of Dubuque, Housing& Community Development Dept. 2
Public Housing Authority,Administrative Plan Review, Spring 2020
o Requests for reasonable accommodations will be reviewed by
housing staff, instead of one designated staff person.
• 2-11.C. Request for An Accommodation
o Change timeframe for decisions to be made on accommodation
requests from 20 days to 10 days.
■ Suggested wording: Whenever possible, reasonable
accommodation decisions will be made within 10 business
days of the receipt or request or necessary verifications.
• 2-IV.D PHA Staff Training
o Remove the VCA required trainings when the obligation has ended.
• Exhibit 2-2: Marketing Outreach Resources
o Update resources listing with current organizations and contact
information to include Resources Unite, Fountain of Youth, Dream
Center, etc.
• Remove programs no longer serving our community.
Proposed Changes — Chapter 3 Eligibility
• Adopt all 6-19 Model Admin Plan language.
• Removal of Displaced Family full definition, by recommendation of Nan McKay
Admin Plan Guide — remove change — mistake not in this section.
3-I.J GUESTS [24 CFR 5.100] Original PHA policy stated: "A guest can remain in
the assisted unit no longer than 15 consecutive days or a total of 30 cumulative
calendar days during any 12-month period. With landlord permission and
notification to the PHA, guests may be allowed to stay up to 90 cumulative days
in a 12-month period. Requests should be made in writing when possible and
approved by the PHA prior to the individual moving into the unit." — Revised to
read as follows: "A guest can remain in the assisted unit no longer than 15
consecutive days or a total of 30 cumulative calendar days during any 12-month
period." Removed the above in yellow.
• Include remaining family member, otherwise eligible to take over as head of
household, must be 18 yrs. or older.
• Removal of duplicate language on recertification of live-in aids.
• Added definition of vulnerable youth: an individual who meets the U.S.
Department of Education's definition of independent student in paragraphs (b),
(c), or (h), as adopted in Section II of FR Notice 9/21/16:
• Definition of Vulnerable Youth expanded based on Nan McKay direction to
include the following statement: The individual is an orphan, in foster care, or a
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Public Housing Authority,Administrative Plan Review, Spring 2020
ward of the court, or was an orphan, in foster care, or ward of the court at any
time when the individual was 13 years of age or older.
• Removal of requirement to have Circles/FSS staff review files before denial of
assistance.
• Add ineligibility timeframes for participants with serious program violations
o Any family member has committed any serious program violations such as
having an unauthorized person residing in the household or failed to report
income within the last three years.
• Remove denial period for those who have committed fraud/bribery.
• Remove PIH Notice for Screening Eligibility per model.
• Remove Sex Offender website.
• Remove restrictive timeframes for notifications of decisions (10 days) to allow for
circumstances out of PHA control — replaced with "PHA will promptly notify".
• Remove biennial reporting due to VCA, as lifted by HUD.
Proposed Changes — Chapter 4 Applications, Waiting List and Tenant Selection
• Remove requirement to notify applicants if they do not win the lottery for the HCV
waitlist.
• Remove outdated wording on methods of receiving applications.
• Add methods of contact when an incomplete application is received (phone or e-
mail)
• Remove requirement to update all waitlist annually:
o Add "update all waitlists as needed".
• Include Random Selection Process to Selection Methods.
• Remove date and time selection criteria in Selection Methods.
• 4-III.C. Local Preferences — added below bullets to our PHA policy:
o The PHA will offer a preference to any family that has been terminated
from its HCV program due to insufficient program funding.
o When an emergency is declared that restricts movement of residents, the
PHA may provide preference to applicants living within the City of
Dubuque or other local area defined by the emergency restriction areas to
ensure residents' ability to avoid homelessness. As soon as the
emergency declaration has expired this local preference will no longer be
applicable.
o Households referred through the Family Unification Program for voucher
will be placed at the end of the current wait list the date that the referral is
received.
• Add notification of selection by phone, email, first-class mail, or additional contact
person
o If unable to reach family using all methods listed above, family will be
removed from waitlist.
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Public Housing Authority,Administrative Plan Review, Spring 2020
• Removal of duplicate definitions in Application Interviews.
Proposed Changes — Chapter 5 Briefings
• Adopt all 6-19 Model Admin Plan language.
• Add option for verbal agreements between PHA and landlord when approving the
addition of an adult member to assisted household.
• Remove 10-day requirement for determinations to allow additional time as
needed.
• Remove additional PHA Policy in Terminations and Extensions, as new adopted
model covers this in detail.
• Change initial voucher issuance time from 60 days to 90 days.
• Remove restrictive response and determination timeframes:
o Add "will promptly advise of decision/determination".
• Change maximum voucher issuance days to 180 days.
• Add to PHA Policy the following statement:
All briefings will be scheduled for 60 minutes regardless of the
time the applicant arrives. If an applicant arrives late to the
briefing, the time will not be extended.
Proposed Changes — Chapter 6 Plan Income
• Adopt all 6-19 Model Admin Plan language.
• Remove additional PHA Policy in Calculation of Disallowance. Clarification and
definitions provided in adopted model.
• Add 50% income exclusion for the second 12-month period of Earned Income
Disallowance (24-month term).
• Add required income changes processed following the first 12 months of Earned
Income Disallowance period.
• Add PHA Policy to all sections regarding minimum rents and financial hardships
that we do not have a minimum rent option.
• Add Determination of Hardship definitions.
• 6-III.C. Changes in Payment Standards — Decreases — added below paragraph
to our PHA policy:
o Should the Payment Standards decrease by 10% or more during the term
of a HAP contract the PHA will provide a 12-month notice of decrease at
the next annual re-exam.
Proposed Changes — Chapter 7 Verification
• Adopt all 6-19 Model Admin Plan language
• Introduction PHA Policy (pg. 7-1):
o Remove: Assistance shall be provided to a family that is limited by
disability or the family does not possess the ability (LEP, illiterate) — No
City of Dubuque, Housing& Community Development Dept. 5
Public Housing Authority,Administrative Plan Review, Spring 2020
PHA Policy needed in introduction because it is covered in the model
statement already.
• 7-I.B. Overview of Verification Requirements (pg. 7-3).
o Remove: PHA Policv— Forms of verification listed are now part of
Model language, no policy needed because it would be duplicative.
• 7-I-C. Up-Front Income Verification (UIV).
o EIV Income Reports (pg. 7-5 & 7-6).
■ Adding to current PHA Policy model language to include Income
Verification Tool (IVT) used for verification of income
discrepancies.
o Upfront Income Verification Using Non-HUD Systems (pg. 7-7)
■ Add: Verify Advantage & Verify Fast as additional UIV resources
currently used by PHA.
• 7-I.D. Third-Party Written and Oral Verification.
o Imputed Assets (pg. 7-10):
■ Add: Value ofAssets and Asset Income �24 CFR 982.5161—
adopting model language with PHA Policy to include
explanation of how to handle family net assets of$5,000 or less.
This detail explains that a self-certification is acceptable, but a
third-party verification will be completed.
• 7-I.E. Self-Certification.
o Family Declaration of Assets under $5,000 (pg. 7-12):
■ Remove section as it is repetitive; The old admin plan language
goes into a lot of detail about how to third-party verify assets.
Model language is adopted that covers this more succinctly.
• 7-II.B. Social Security Numbers.
o PHA Policy (pg. 7-14):
■ Remove - Note to PHA staff with guidance regarding how to
determine amount of time PHA will allow applicant or participant
to provide SSN documentation. This note is only guidance to
assist PHA staff in defining their own policy and does not belong
in an admin plan.
■ Remove: Explanations of 24CFR 5.216(h)(2) & Notice PIH
2012-10 — any reference to a specific CFR or PIH Notices are
still used, but language from the legislation is not copied into the
admin plan, since it can be changed.
o PHA Policy (pg. 7-16):
■ Replace current PHA Policy with the following language to align
with current PHA procedures, including being a resource for
families to easily obtain copies of SSN documentation for other
benefits:
City of Dubuque, Housing& Community Development Dept. 6
Public Housing Authority,Administrative Plan Review, Spring 2020
Once an individual's status is classified as "verified"in HUD's
EIV system, the PHA will retain copies of documentation in
tenant file. Notice: PIH 2O18-24
Old admin plan states PHA would remove and destroy
documents with Social Security Numbers on them.
• 7-II.C. Documentation of Age (pg. 7-17).
o Explanation of 24 CFR 982.516(a)(2)(iv)- reference to specific CFR is
still used, but language from the legislation is not copied into the admin
plan, since it can be changed.
o PHA Policy — Remove self-certification requirement if other
documentation of age is used (not birth certificate); documentation
alone is sufficient.
• 7-II.D. Family Relationships.
o PHA Policy (pg. 7-18):
■ PHA may not require written documentation by physician or
other recognized agency for verification of pregnancy. Only self-
certification is needed. Old Admin plan requires it so that
language must be removed. Replace current wording with the
following:
Written or verbal self-certification by Head of Household is
sufficient verification of pregnancy.
o Marriage PHA Policy (pg. 7-17):
■ Remove additional wording to simplify requirements for
certification. Examples removed due to inability to list all
possible situations.
o Separation or Divorce PHA Policy (pg. 7-18):
■ Remove additional wording that does not provide any guidance,
it just makes the admin plan longer.
o Absence of Adult Member PHA Policy (pg. 7-18):
■ Remove additional wording that does not provide any guidance,
it just makes the admin plan longer.
o Foster Children and Foster Adults PHA Policy (pg. 7-18):
■ Remove additional wording that does not provide any guidance,
it just makes the admin plan longer.
• 7-II.H. Verification of Preference Status
o PHA Policy (pg. 7-24)
■ Replace Policy with the following, as updated in 4-II.C. Local
Preferences (provide COVID and other type emergency ability
to have a local preference temporarily):
City of Dubuque, Housing& Community Development Dept. 7
Public Housing Authority,Administrative Plan Review, Spring 2020
The PHA will offer a preference to any family that has been
terminated from its HCV program due to insufficient program
funding. The PHA will verify this preference using the PHA's
termination records.
When an emergency is declared that restricts movement of
residents, the PHA may provide preference to applicants living
within the City of Dubuque or other local area defined by the
emergency restriction areas to ensure residents'ability to avoid
homelessness. As soon as the emergency declaration has
expired this local preference will no longer be applicable.
Proposed Changes — Chapter 8 Housing Quality Standards and Reasonableness
Determinations
• Adopt all 6-19 Model Admin Plan language.
• 8-I.A. General HUD Requirements.
o Modifications to Provide Accessibility PHA Policy (pg. 8-4):
■ Remove "note" type wording that does not change policy.
• 8-I.B. Additional Local Requirements.
o PHA Policy (pg. 8-5):
■ Replace Residential Housing Code and City of Dubuque
Housing code with:
Property Maintenance Code of the City of Dubuque.
■ Remove explanation of specific forms used for inspections,
because these can always change, not policy related.
■ Replace wording for failed and inconclusive items to be more
understandable and will now read as follows (no policy
changes):
In the case of any failed inspection, inspection results will be
sent to both the owner and the tenant and will list any
deficiencies. Units with failed inspections will have a re-
inspection completed prior to approval of any payments or
within the PHA specified timeframe.
■ Replace "licensed under the Dubuque Housing Code" with the
following:
Only units with current rental licenses issued in accordance with
the Property Maintenance Code of the City of Dubuque will be
acceptable.
City of Dubuque, Housing& Community Development Dept. 8
Public Housing Authority,Administrative Plan Review, Spring 2020
■ Grammar updated and specific references to the Board updated
to reflect actual board name.
■ Replace all "Housing Code" and all irrelevant code references
with the following guidance so admin plan is always consistent
with new code adopted by the City of Dubuque:
International Property Maintenance Code, herein referred to as
the Property Maintenance Code of the City of Dubuque.
• 8-I.C. Life-Threatening Conditions.
o PHA Policy (pg. 8-7):
■ Replace current PHA Policy referring to life threatening
conditions, to reflect the adopted property maintenance code for
the City of Dubuque.
• 8-I.D. Owner and Family Responsibilities.
o PHA Policy (pg.8-8):
■ Updated with new IPMC code.
o Family Responsibilities PHA Policy (pg. 8-8):
■ Replace all instances of the word Shall with May because it is
not a requirement but an option for enforcement.
o Owner Responsibilities PHA Policy (pg. 8-9):
■ Remove entire PHA Policy, as information is addressed with
newly adopted Model language.
• 8-II.A. Overview.
o Types of Inspections PHA Policy (pg. 8-10):
■ Remove PHA Policy, as all information is addressed in other
subsections.
■ Remove Inspection of PHA-Owned Units, we do not own units
(pg. 8-12)
o Inspection Costs PHA Policy (pg.8-12):
■ Replace current policy to the following to reduce repetition:
The PHA will not charge a fee for failed re-inspections.
o Notice and Scheduling PHA Policy (pg. 8-13):
■ Replace Owner/Family with Landlord/Tenant
o Owner and Family Inspection Attendance PHA Policy (pg. 8-13:
■ Replace current policy with the following, as all other information
is addressed is 8-II.D.:
An adult must be present for all inspections.
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Public Housing Authority,Administrative Plan Review, Spring 2020
• 8-II.B. Initial HQS Inspection.
o PHA Policy (pg. 8-14):
■ Replace current policy with the following, to be consistent with
current procedures.
o Initial Inspection Results and Reinspection's PHA Policy (pg.8-14):
■ Replace current policy with the following to be consistent with
current procedures and include weather related extensions:
Initial Inspections must be completed, passed, and have no
outstanding licensing fees due before granting final approval
of the selected dwelling unit and prior to approval of any
payments.
A request for Appeal or Modification to the Code shall be allowed as
follows:
For exterior repairs, if the owner has proof of materials on order or
repairs to be completed under contract and the interior of the unit is
code-compliant, the unit will not be delayed from going on the
program, pending appeal for a time extension. Proof of orders and
contracts should be included with the appeal request. Weather-
related extensions will a/so be considered.
Units pending requests for modifications under Section 404
(Occupancy Limitations) of the Property Maintenance Code such as
ceiling heights, light and ventilation, room sizes and widths, etc.
shall not enter into a HAP Contract until the modification has been
approved by the Code Official.
If any HQS violations are identified, the owner and family will be
notified of the deficiencies and the owner will be given a time frame
(normally 30 days) to correct them.
If the time period for correcting the deficiencies (or any PHA-
approved extension) has elapsed, or the unit fails at the time of the
reinspection, the PHA will notify the owner and the family that the
unit has been rejected and that the family must search for another
unit. The PHA may agree to conduct subsequent reinspection's, for
good cause, at the request of the family and owner.
Following a failed reinspection, the family may submit a new
Request for Tenancy Approval after the owner has made repairs, if
they are unable to locate another suitable unit.
• 8-II.D. Special Inspections.
o PHA Policy (pg. 8-16):
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Public Housing Authority,Administrative Plan Review, Spring 2020
■ Remove entire policy, as special inspections are addressed in
previous sections with almost exact verbiage as current plan.
• 8-II.F. Inspection Results and Reinspection's for Units Under HAP Contract.
o PHA Policy (pg.8-18):
■ Remove Facsimile from forms of notification, only phone, email
or letter are used.
■ Remove 30-day timeframe for written notice.
o Extensions PHA Policy (pg.8-19):
■ Replace Appeals Board with:
Housing Board of Appeals
• 8-II.G. Enforcing Owner Compliance.
o HAP Contract Termination PHA Policy (pg.8-21):
■ Remove all information regarding life-Threatening Conditions,
as these are address in 8.I.C.
Proposed Changes — Chapter 9 General Leasing Policies
• Adopt all 6-19 Model Admin Plan language.
• 9-I.B. Requesting Tenancy Approval.
o PHA Policy (Pg. 9-3 & 9-4):
■ Add: Include e-mail as an acceptable means for updating
missing information/documents and corrections terms of RTA or
lease.
• 9-I.E. Lease and Tenancy Addendum.
o PHA Review of Lease PHA Policy (pg. 9-11):
■ Replace: The regulations do not require the PHA to review the
lease to determine if the lease complies with State and local
law. Due to staffing and potential liability, replace policy with the
following:
The PHA will not review the owner's /ease for compliance with
state/local law.
• 9-I.F. Tenancy Approval.
o PHA Policy (pg. 9-12):
■ Replace restrictive 10 business day timeframe for determination
with the following:
PHA will promptly notify landlord and tenant if RTA has been
denied.
City of Dubuque, Housing& Community Development Dept. 11
Public Housing Authority,Administrative Plan Review, Spring 2020
■ Update methods in which to accept corrections to RTA to
include e-mail.
• 9-I.H. Changes in Lease or Rent.
o PHA Policy (pg. 9-14):
■ Replace 1 st paragraph of policy with the following to remove
restrictive timeframes for determination of rent increases:
Where the owner is requesting a rent increase, the PHA will
promptly determine whether the requested increase is
reasonable. The owner will be notified of the determination in
writing if the request is denied, the amount of increase is /ess
than requested, or effective date is not correct.
Proposed Changes — Chapter 10 Moving with Continued Assistance and Portability
• Adopt all 6-19 Model Admin Plan language.
• 10-I.A. Allowable Moves:
o PHA Policy (pg. 10-1):
■ Remove entire PHA Policy, as additional guidance is not
needed in this section.
• 10-I.C. Moving Process.
o Approval PHA Policy (pg. 10-5):
■ Replace restrictive 10 business day timeframe for notification of
approval with the following:
Upon receipt of a family's notification that it wishes to move, the
PHA will determine whether the move is approvable in
accordance with the regulations and policies set forth in
sections 10-I.A and 10-1.8. The PHA will promptly notify the
family in writing of its determination.
o Voucher Issuance and Briefing PHA Policy (pg. 10-5):
■ Replace restrictive 10 business day timeframe for issuance of a
voucher with the following:
For families approved to move to a new unit within the PHA's
jurisdiction, the PHA will promptly issue a new voucher.
o Zero HAP Families Who Wish to Move PHA Policy (Pg. 10-6):
■ Add the following PHA Policy, adopted with new model
language:
If a zero HAP family requests to move to a new unit, the family
may request a voucher to move. However, if no subsidy will be
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Public Housing Authority,Administrative Plan Review, Spring 2020
paid at the unit to which the family requests to move, the PHA
will not enter into a HAP contract on behalf of the family for the
new unit.
• 10-II.B. Initial PHA Role.
o Voucher Issuance and Term PHA Policy (pg. 10-12):
■ Change initial voucher term from 60 days to 90 days
o Voucher Extensions and Expiration PHA Policy (pg. 10-13):
■ Add the following language to place a cap on the maximum
number of days for an extension:
However, 180 days will be the maximum amount of time granted
on a voucher.
o Sending Documentation to the Receiving PHA Policy (pg. 10-15):
■ Remove part of policy advising PHA will notify family in writing
of any information provided to receiving PHA. Current procedure
is written notification to family that file has been sent to receiving
PHA and direction for tenant to contact receiving PHA to follow-
up.
Proposed Changes — Chapter 11 Reexaminations
• Adopt all 6-19 Model Admin Plan language.
• 11-I.B. Scheduling Annual Reexaminations.
o PHA Policy (pg.11-2):
■ Replace The first annual recertification and any recertification
for families reporting zero income must be a face-to-face
interview with the following. We do not currently conduct face-
to-face interviews for zero income families nor would current
workload allow time to do so; also allow for video interviews:
The first annual recertification must be an interview either in
person or via technology.
o PHA Policy (pg. 11-3):
■ Remove requirement to have Zero Income families meet with
FSS Coordinators during annual reexaminations. Workload and
scheduling does not allow for the coordination of this with every
zero-income family, families are referred to FSS Coordinators
by Housing Specialists at any time.
o Notification of and Participation in the Annual Reexamination Process
PHA Policy (pg.11-3):
City of Dubuque, Housing& Community Development Dept. 13
Public Housing Authority,Administrative Plan Review, Spring 2020
■ Add in-person or via technology for annual reexamination
Interviews to allow alternative communication.
■ Remove requirement for families to meet with FSS Coordinators
at annual reexamination. Families are referred to FSS
Coordinators by Housing Specialists at any time.
■ Remove requirement for families with documented history of not
reporting correctly, prior family obligation violations or with zero
income to have in-person interview. Specialist do not currently
require in-person interviews for these reasons.
■ Add e-mail as means for accepting documents.
• 11-I.D. Determining Ongoing Eligibility of Certain Students.
o PHA Policy (pg.11-6):
■ Add Vulnerable Youth to students whose parents' income
will not be reviewed. Addition was also made to previous
chapters to include this population of youth.
• 11-II.B. Changes in Family and Household Composition.
o New Family and Household Members Requiring Approval PHA
Policy (pg.11-9):
■ Add Promptly as expectation for providing written approval to
family.
■ Replace restrictive 10 business day timeframe for
determination to the following:
The PHA will promptly make its determination after receiving
all information required to verify the individual's eligibility.
Proposed Changes — Chapter 12 Termination of Assistance and Tenancy
• 12-I.C. Family Chooses to Terminate Assistance.
o PHA Policy (pg. 12-2):
■ Remove Note and update policy to the following:
The request to terminate assistance should be made in
writing and signed by the head of household, and spouse or
co-head if applicable. However, often the requests are made
by voice mail or by telephone. Staff will request confirmation
in writing or by e-mail but will follow the notice requirements
in Section 12-11-F based upon verbal communications. In all
cases and before terminating the family's assistance, the
PHA will follow the notice requirements in Section 12-II.F.
Informal hearings are not obligated and shall not be
provided.
• 12-I.E. Mandatory Policies and Other Authorized Terminations
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Public Housing Authority,Administrative Plan Review, Spring 2020
o Drug-Related and Violent Criminal Activity PHA Policy (pg.12-7)
■ Add the following to criminal activities that may be cause for
termination on a case-by-case basis:
2) Change Domestic Abuse to Domestic Assault
17) Federal Weapons Offenses
18) Human Trafficking
19) Gun Trafficking
o Drug-Related and Violent Criminal Activity [24 CFR 5.100] (pg. 12-6):
■ Remove the following reason for termination from the PHA
Policy—cannot terminate based on arrest alone:
Any arrests for forcible felony as defined by the lowa
Code 701.11.
• 12-II.D. Criteria for Deciding to Terminate Assistance.
o Consideration of Circumstances PHA Policy (pg.12-12):
■ Update staff present for review to the following, as we no
longer have Circle Initiative Program:
When considering the circumstances and reviewing alternative choices to
termination of assistance, the Assisted Housing Coordinator, Assisted
Housing Specialists and Gaining Opportunities staff will meet to make the
decision prior to proposal of termination to consider whether there are
other alternatives that can be presented.
■ Add in factors being considered when making a decision to
terminate the following:
The length of time since the violation occurred, including the
age of the individual at the time of the conduct, the family's
recent history and the likelihood of favorable conduct in the
future.
• 12-II.F. Termination Notice PHA Policy (pg.12-16 & 12-17):
■ Combine PHA Policies with no change and place after
model language.
Proposed Changes — Chapter 13 Owners
• Adopt all 6-19 Model Admin Plan language.
• 13-I.D. Owner Qualifications (pg. 13-6):
o Remove entire PHA Policy in all subsections to match model.
Policy language has been incorporated into new model wording.
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Public Housing Authority,Administrative Plan Review, Spring 2020
• 13-I I.B. HAP Contract Contents (pg. 13-11):
o Replace current PHA Policy with the following for simplification as
HAP Contract Payments are addressed in detail in 13-II.0 and the
current PHA policy is repetitious:
■ The PHA has not adopted a policy that defines when the
housing assistance payment by the PHA is deemed
received by the owner. Therefore, no modifications to the
HAP contract will be necessary.
• 13-II.C. HAP Contract Payments.
o Late HAP Payments (pg. 13-14):
■ Remove PHA Policy as new model language addresses late
payment details.
• 13-II.E. HAP Contract Term and Terminations (pg. 13-17):
o Portion of PHA Policy updated to reflect the City of Dubuque
Property Maintenance Code.
Proposed Changes — Chapter 14 Program Integrity
• Adopt all 6-19 Model Admin Plan language.
• 14-I.C. Investigating Errors and Program Abuse.
o Notice and Appeals (pg. 14-5):
• Replace restrictive 10 business day timeframe for appeal
decision notification with the following:
The PHA will promptly notify the relevant party in
writing of its findings and remedies.
• 14-II.C. Owner-Caused Error or Program Abuse.
o Prohibited Owner Action (pg. 14-9):
■ Add the following to evidence of owner program abuse:
Committing sexual or other harassment, either quid
pro quo or hostile environment, based on the
protected classes defined in Chapter 2.
Retaliating against any applicant or participant
reporting/alleging sexual or other harassment, either
quid pro quo or hostile environment, based on the
protected classes defined in Chapter 2.
Proposed Changes — Chapter 15 Special Housing Types
• Adopt all 6-19 Model Admin Plan language.
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Public Housing Authority,Administrative Plan Review, Spring 2020
• 15-VII.E. Additional PHA Requirements for Search and Purchase (pg.
15-17):
o Replace restrictive 10 business day timeframe for extension
request decisions with the following:
The PHA will promptly notify the family in writing of its
decision to approve or disapprove the extension request.
• 15-VII.G. Home Inspection, Contract of Sale, and PHA Disapproval of
Seller (pg. 15-19):
o Replace City of Dubuque Housing Code with the City of
Dubuque Property Maintenance Code throughout PHA Policy to
match updates throughout Administrative Plan.
• 15-VII.I. Continued Assistance Requirements; Family Obligations (pg.
15-22):
o Update PHA Policy for biennial inspection cycles to read as
follows to align with current Home Inspection practices:
The home will be inspected for 1 biennial inspection cycle in
accordance with the City of Dubuque Property Maintenance
Code and must address any life safety issues to continue
receiving home ownership assistance. If the PHA
determines there are problems with maintaining the home in
a safe and decent manner, the Housing and Community
Development Director may require 2 on-going biennial
inspections.
Proposed Changes — Chapter 16 Program Administration
• Adopt all 6-19 Model Admin Plan language.
• Part I: Administrative Fee Reserve (pg. 16-2):
o Replace UNA with newly titled UNP to match model being
adopted in Part I.
• 16-II.B. Payment Standards.
o Updating Payment Standards (pg. 16-4):
■ Replace PHA Policy with that of the Model to provide 6
clearly defined areas of consideration and reduce the
percentage thresholds that may need to change with
HUD direction.
• 16-II.C. Utility Allowances.
o Air Conditioning (pg. 16-6):
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Public Housing Authority,Administrative Plan Review, Spring 2020
■ Replace PHA Policy with that of the Model to provide an
allowance for air-conditioning. PHA Policy will read as
follows:
The PHA has included an allowance for air-
conditioning in its schedule. Central air-conditioning or
a portable air conditioner must be present in a unit
before the PHA will apply this allowance to a family's
rent and subsidy calculations.
• 16-III.B. Informal Reviews.
o Notice to Applicant (pg. 16-9):
■ Remove PHA Policy, as policy on notice of denial is
clearly explained in adopted model language.
o Scheduling an Informal Review (pg. 16-9):
■ Add email or fax as options to submit requests for
informal reviews.
■ Replace restrictive 10 business day timeframe for
scheduling and sending written notice of informal review
with the following:
The PHA must promptly schedule and send
written notice of the informal review of the family's
request.
o Informal Review Decision (pg. 16-10):
■ Replace restrictive 10 business day timeframe for
providing notice of review decision to the following:
The PHA will promptly notify the applicant and his or
her representative of the final decision, including a
statement explaining the reason(s) for the decision,
along with proof of mailing.
• 16-III.C. Informal Hearings for Participants.
o Scheduling and Informal Hearing (pg. 16-13):
■ Update PHA policy to include email and fax to methods
of receipt for informal hearing requests and to remove
10-day timeframe with the following:
A request for an informal hearing must be made in
writing and delivered to the PHA either in person, by
first class mail, email or fax, by the close of the
business day, no later than 10 business days from the
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Public Housing Authority,Administrative Plan Review, Spring 2020
date of the PHA's decision or notice to terminate
assistance.
The PHA must promptly schedule and send written
notice of the informal hearing to the family.
■ Add language regarding hearing late arrivals from
chapter 5-2, as follows:
All hearings will be scheduled for 60 minutes
regardless of the time the applicant arrives. If an
applicant arrives late to the hearing, the time will not
be extended.
Housing Commission requested to review entire PHA Policy; it is listed below:
A request for an informal hearing must be made in writing and
delivered to the PHA either in person, by first class mail, email or
fax, by the close of the business day, no later than 10 business
days from the date of the PHA's decision or notice to terminate
assistance.
The PHA must promptly schedule and send written notice of the
informal hearing to the family.
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 PHA may request
documentation of the "good cause"prior to rescheduling the
hearing.
Upon notification in advance with at least 24 hours'notice on any
party's unavailability to attend a scheduled hearing, the hearing will
be rescheduled one time only without justification of the need to
reschedule. After the hearing has been rescheduled a request to
reschedule a second time by the same party will only be considered
for extreme situations. Extreme situations may include but are not
limited to hospitalization of self or household member, death in the
family, weather related restriction. Any notice of the inability of the
participant to attend the hearing must be provided within 24 hours
of the hearing along with third party verification of the situation.
The hearing officer will have the sole discretion to decide if the
request is legitimate and with good cause.
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Public Housing Authority,Administrative Plan Review, Spring 2020
If the family does not appear at the scheduled time and was unable
to reschedule the hearing in advance due to the nature of the
conflict, the family must contact the PHA within 24 hours of the
scheduled hearing date, excluding weekends and holidays. The
PHA 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.
All hearings will be scheduled for 60 minutes regardless of the time
the applicant arrives. If an applicant arrives late to the hearing, the
time will not be extended.
o Hearing Officer's Decision (pg. 16-17):
■ Replace restrictive 10 business day timeframe for
providing notice of hearing decision as follows:
The hearing officer will promptly issue a written
decision to the family and the PHA after the hearing.
o Procedures for Rehearing or Further Hearing & PHA Notice of
Final Decision (pg. 16-18):
■ Replace entire subsections with Issuance of Decision &
Effect of Final Decision from Nan McKay Model.
o USCIS Appeal Process (pg. 16-19):
■ Replace restrictive 10 business day timeframe for
notification of USCIS results to the following:
The PHA will promptly notify the family in writing of
the results of the USCIS secondary verification.
■ Replace restrictive 10 business day timeframe for written
notice provided to family regarding right to informal
hearing to the following:
The PHA will promptly send written notice to the
family of its right to request an informal hearing after
receiving notice of the USCIS decision regarding the
family's immigration status.
• 16-IV.B. Repayment Policy (pg. 16-25).
o General Repayment Agreement Guidelines for Families:
■ Add requirement of notarization to Execution of the
Agreement.
City of Dubuque, Housing& Community Development Dept. 20
Public Housing Authority,Administrative Plan Review, Spring 2020
• 16-VI.C. Records Management (pg. 16-33):
o Remove A, B & C under the VCA requirements as no longer
needed.
o Update F to read the following:
The City shall maintain files containing
documentation of its efforts to meet the obligations
of the Voluntary Compliance Agreement until its
expiration date.
• 16-IX.C. Notification (pg. 16-39).
o Notification to Program Applicants and Participants:
o Replace current with Model language regarding Violence
Against Women Act (VAWA).
Proposed Changes — Chapter 17 Project-Based Vouchers
• Adopt all 6-19 Model Admin Plan language.
• 17-I.A. OVERVIEW [24 CFR 983.5] (pg. 17-3):
o Add Additional Project-Based Units language from model
including PHA policy that we did not have before. PHA policy
will read as follows:
The PHA will not set aside units above the 20 percent
program limit.
o Add Unit Not Subject to the PBV Program Limitation language
from model including PHA policy that was not previously
included. PHA policy will read as follows:
The PHA will not project-base any units not subject to the 20
percent cap.
• 17-II.B. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR
983.51(b)] (pg. 17-9):
o Replace current language for Solicitation and Selection of PBV
Proposals [24 CFR 983.51(c)] with model language and
updated the Telegraph Herald as our PHA's advertising avenue.
• Replace restrictive 10 business day timeframe for providing notice of
selection for the PBV program to the following (pg. 17-11):
The PHA will promptly notify the selected owner in writing of the
owner's selection for the PBV program.
• 17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT (pg.
17-14):
City of Dubuque, Housing& Community Development Dept. 21
Public Housing Authority,Administrative Plan Review, Spring 2020
o Add Supportive Services language from model including PHA
policy that we did not have before. PHA policy will read as
follows:
Excepted units will be limited to units for elderly families.
• Add Projects not Subject to a Project Cap [FR Notice 1/18/17; Notice
PIH 2O17-21] (pg. 17-15).
• 17-III.D. INSPECTING UNITS (pg. 17-19):
o Add Turnover Inspections [24 CFR 983.103(c), FR Notice 1/18/17,
and Notice PIH 2O17-20] language from model as it has been
updated and a PHA Policy has been added. Adopt PHA policy in
the model to read as follows:
The PHA will not provide assistance in turnover units
until the unit fully complies with the City of Dubuque
Property Maintenance Code.
o Annual/Biennial Inspections [24 CFR 983.103(d); FR Notice
6/25/14] (pg. 17-19):
■ Replace current PHA Policy with the following:
The PHA will inspect all units on a biennial basis to
determine if the contract units and the premises are
maintained in accordance with the City of Dubuque
Property Maintenance Code.
• 17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT
o Execution of the Agreement [24 CFR 983.153, FR Notice
11/24/08] (pg. 17-23):
■ Replace restrictive 10 business day timeframe regarding
entering into a HAP contract to the following:
The PHA will promptly enter into the Agreement after
receiving both environmental approval and notice that
subsidy layering requirements have been met, and
before construction or rehabilitation work is started.
• 17-V.B. HAP CONTRACT REQUIREMENTS
o Execution of the HAP Contract [24 CFR 983.204] (pg. 17-26):
■ Replace restrictive 10 business day timeframe execution
of the HAP contract to the following:
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Public Housing Authority,Administrative Plan Review, Spring 2020
Prior to entering into the HAP contract, the owner
must certify agreement to comply with Fair Housing
Laws. The owner and the City of Dubuque will
execute a Housing Assistance Payments (HAP)
contract for up to a ten-year term that is dependent on
availability of funding under the ACC with HUD. The
HAP contract establishes the initial rents and
describes the responsibility of the PHA and the
owner. Rents will be based upon market comparable
units and may not exceed 110% of the published
existing housing fair market rents. The units must
meet and maintain standards set by the City of
Dubuque Property Maintenance Code.
For existing housing, the HAP contract will promptly
be executed— after the PHA determines that all units
pass the City of Dubuque Property Maintenance
Code.
For rehabilitated or newly constructed housing, the
HAP contract will promptly be executed after the PHA
determines that the units have been completed in
accordance with the agreement to enter into HAP, all
units meet the City of Dubuque Property Maintenance
Code, and the owner has submitted all required
evidence of completion.
o Term of HAP Contract [FR Notice 11/24/08] (pg. 17-26):
■ Remove PBV HAP Contract for the Rose of Dubuque
specific language under the PHA Policy. No need to
name current contracts in Administrative Plan.
o Statutory Notice Requirements: Contract Termination or
Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice PIH
2017-211 (pg. 17-28):
■ Add language from model that was not in previous
administrative plan.
• 17-VII.B. LEASE [24 CFR 983.256]
o Owner Termination of Tenancy [24 CFR 983.257]:
■ Remove non-compliance with supportive services
requirement as it has been removed from model.
o Tenant Absence from the Unit [24 CFR 983.256(g) and
982.312(a)l (pg. 17-42):
City of Dubuque, Housing& Community Development Dept. 23
Public Housing Authority,Administrative Plan Review, Spring 2020
■ Add Continuation of Housing Assistance Payments
section from model, including new PHA Policy to read as
follows:
If a participating family receiving zero assistance
experiences a change in circumstances that would
result in a HAP payment to the owner, the family must
notify the PHA of the change and request an interim
reexamination before the expiration of the 180-day
period.
• 17-VII.C. MOVES
o Emergency Transfers under VAWA [Notice PIH 2O17-08] (pg.
17-46):
■ Add new section from model that includes new PHA
Policy to read as follows:
When the victim of domestic violence, dating violence,
sexual assault, or stalking has lived in the unit for/ess
than one year, the PHA will provide several options
for continued assistance.
The PHA will first try to transfer the participant to
another PBV unit in the same development or transfer
to a different development where the PHA has PBV
units. The PHA will expedite the administrative
processes in this case in an effort to conduct the
transfer as quickly as possible.
If no units are available for an internal transfer, or if
there is reasonable cause to believe that such a
transfer would put the victim in jeopardy, the
participant may receive continued assistance through
an external transfer to either tenant-based rental
assistance (HCV) or assistance in the PHA's public
housing program.
If a victim wishes to move after a year of occupancy in
the unit, but no tenant-based vouchers are available,
the PHA will offer the participant an internal transfer to
another PBV unit in the same development or a
transfer to a different development where the PHA
has PBV units. The PHA will expedite the
administrative processes in this case in an effort to
conduct the transfer as quickly as possible.
• Definitions:
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Public Housing Authority,Administrative Plan Review, Spring 2020
o Add Reasonable Rent [24 CFR 983.301(e) and
983.302(c)(2)] (pg. 17-49) from model and include PHA
Policy to read as follows:
If the PHA has not elected within the HAP contract to
establish the initial rent to owner as the rent floor, the rent
to owner shall not at any time exceed the reasonable
rent.
• 17-IX.B. VACANCY PAYMENTS [24 CFR 983.352] (pg. 17-53)
o Revise our PHA Policy from saying "The PHA will not pay
vacancy payments", to adopt PHA Policy from model to read as
follows:
If the PHA determines that the owner is responsible for a
vacancy and, as a result, is not entitled to the keep the
housing assistance payment, the PHA will notify the
landlord of the amount of housing assistance payment
that the owner must repay. The PHA will require the
owner to repay the amount owed in accordance with the
policies in Section 16-IV.B.
o Add PHA Policy where there was not one before to read as
follows:
If an owner's HAP contract calls for vacancy payments to
be made, and the owner wishes to receive vacancy
payments, the owner must have properly notified the
PHA of the vacancy in accordance with the policy in
Section 17-VI.F. regarding filling vacancies.
In order for a vacancy payment request to be considered,
it must be made within 10 business days of the end of the
period for which the owner is requesting the vacancy
payment. The request must include the required owner
certifications and the PHA may require the owner to
provide documentation to support the request. If the
owner does not provide the information requested by the
PHA within 10 business days of the PHA's request, no
vacancy payments will be made.
• EXHIBIT 17-1: PBV DEVELOPMENT INFORMATION
o Add Exhibit 17-1 — modified from model to direct viewers to see
the specific PBV contract.
City of Dubuque, Housing& Community Development Dept. 25
Public Housing Authority,Administrative Plan Review, Spring 2020
Proposed Changes — Chapter 18 Project Based Vouchers (PBV) under the Rental
Assistance Demonstration (RAD) Program
• Adopt all 6-19 Model Admin Plan language due to potential RAD
program in the future.