Title
Resolution to Approve Amendment to the Administrative Plan regarding Notifications
Memorandum
HUD provides the primary source of Housing Authority policy through federal regulations, HUD Notices and Handbooks. Compliance with federal regulations, current HUD Notices and HUD Handbooks is mandatory and HUD also allows local programs the flexibility to adopt policies in specified areas. HUD requires all Housing Authorities to adopt an Administrative Plan for the Voucher Program which includes all of the required and optional program policies.
HUD requires a minimum of 30-days notice to tenants if the tenant's portion of the rent is increasing. HUD does not require prior notice if the tenant's portion of rent is decreasing. In 2016, the board increased the required notice to families to 35 days at the request of staff. However, staff have requested that the policy be changed back to 30-days because it has been difficult to remember that our policy is different than the standard 30-day notification policy that they have all been trained on at national training sessions. This has caused tenant notifications to be sent out with more than 30-days notice but less than 35-days notice. When that happens, it causes problems with rent subsidy payments to landlords and incorrect paperwork sent to HUD. Changing the policy back to 30-days notice will reduce the number of errors and corrections that will need to be made.
The following sections of the Administrative Plan would be affected:
Chapter 11-I.F. EFFECTIVE DATES
The PHA must establish policies concerning the effective date of changes that result from an annual reexamination [24 CFR 982.516].
PHA Policy
In general, an increase in the family share of the rent that results from an annual reexamination will take effect on the family's anniversary date, and the family will be notified at least 30-days in advance.
If less than 30 days remain before the scheduled effective date, the increase will take effect on...
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