Title
Resolution to Amend the Administrative Plan Regarding Voucher Extensions
Memorandum
The Ann Arbor Housing Commission's Housing Choice Voucher Administrative Plan details its policies and procedures for the management of its Housing Choice Voucher (HCV) Program. The AAHC periodically revises the Plan to reflect changes in HUD policies and changes in AAHC policies.
HUD requires the AAHC to allow 60 days for the initial term of the voucher and the AAHC may extend the voucher at its discretion. If a new applicant does not lease up within the voucher period, the applicant is denied assistance. If an existing tenant does not lease-up during the voucher period, the voucher expires but the tenant can continue to lease-up the apartment they are living in as long as the landlord is in agreement.
Under the AAHC’s Administrative Plan both applicants and tenants can provide a written request for a 30-day extension to the voucher for a total of 90 days, which is automatically approved. In addition, the Administrative Plan spells out extenuating circumstances for which a voucher can be extended for an additional 30 days for a total of 120 days.
Staff recommend that Section 5-II of the Administrative Plan be clarified so that the voucher will not be extended for more than 120 days unless the applicant/tenant requests in writing and is approved for a reasonable accommodation to extend the voucher for 180 days.
HUD regulations state that when a PHA denies a request for an extension of the voucher, that decision is not subject to an informal review by applicants and it is not subject to an informal hearing by tenants. Staff recommend that the language should clearly state that applicants/tenants will not be entitled to a review or hearing to extend the voucher, if they fail to lease up during the voucher term.
Staff
Prepared and Approved by Jennifer Hall, Executive Director
Body
WHEREAS, The Ann Arbor Housing Commission's Housing Choice Voucher Administrative Plan details its policies and procedures for the management of its Housing Choice Voucher (HCV) Program; and
WHEREAS, HUD requires the AAHC to issue a voucher for a minimum of 60 days but the AAHC may extend a voucher at its discretion; and
WHEREAS, The Administrative Plan currently allows a voucher to extended automatically for 30 days if the applicant or tenant requests an extension in writing; and
WHEREAS, The Section 5 II of the Administrative Plan currently allows a voucher to be extended an additional 30 days for a total of 120 days, at the discretion of the AAHC for extenuating circumstances or for a reasonable accommodation; and
WHEREAS, It is recommended that the Administrative Plan be amended to clarify that the voucher will be issued for a maximum of 120 days for extenuating circumstances and be increased to a maximum of 180 days for a reasonable accommodation and if the voucher is not leased up, the voucher automatically expires and the applicant is not entitled to a review if the voucher has expired and the participant is not entitled to a hearing if the voucher has expired;
RESOLVED, that the Board of the Ann Arbor Housing Commission approve the following revisions to the Administrative Plan to take effect on October 1, 2016.
5-II.E. VOUCHER TERM, EXTENSIONS, AND SUSPENSIONS
Voucher Term [24 CFR 982.303]
The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on the voucher [24 CFR 982.303(a)].
PHA Policy
The initial voucher term will be 60 calendar days.
The family must submit a Request for Tenancy Approval and proposed lease within the 60-day period unless the PHA grants an extension.
The family must move-in a new unit within the term of the voucher and any applicable extensions, otherwise, the family will lose its assistance.
Extensions of Voucher Term [24 CFR 982.303(b)]
The PHA has the authority to grant extensions of search time, to specify the length of an extension, and to determine the circumstances under which extensions will be granted. There is no limit on the number of extensions that the PHA can approve. Discretionary policies related to extension and expiration of search time must be described in the PHA’s administrative plan [24 CFR 982.54].
PHAs must approve additional search time if needed as a reasonable accommodation to make the program accessible to and usable by a person with disabilities. The extension period must be reasonable for the purpose.
PHA Policy
The PHA will automatically allow up to a 30 calendar day extension upon the written request of the household. The PHA may extend the extension for up to an additional 30 calendar days for extenuating circumstances for a total of 120 calendar days, or an additional 90 calendar days for disabled families with a written request for a reasonable accommodation for a total of 180 calendar days. Extensions are granted at the discretion of the PHA.
The family must be notified in writing of the PHA’s decision to approve or deny an extension. The PHA’s decision to deny a request for an extension of the voucher term is not subject to informal review [24 CFR 982.554(c)(4)] nor is the PHA decision subject to an informal hearing for participants [24 CFR 982.555(b)(4)].
PHA Policy
The PHA will automatically approve one 30-day extension upon written request from the family.
The PHA will approve an additional extensions only in the following circumstances:
It is necessary as a reasonable accommodation for a person with a disabilityies.
It is necessary due to reasons beyond the family’s control, as determined by the PHA. Following is a list of extenuating circumstances that the PHA may consider in making its decision. The presence of these circumstances does not guarantee that an extension will be granted:
Serious illness or death in the family
Other family emergency
Obstacles due to employment
Whether the family has already submitted requests for tenancy approval that were not approved by the PHA
Whether family size or other special circumstances make it difficult to fina a suitable unit
Any request for an additional extension must include the reason(s) an additional extension is necessary. The PHA may require the family to provide documentation to support the request or obtain verification from a qualified third party.
All requests for extensions to the voucher term must be made in writing and submitted to the PHA prior to the expiration date of the voucher (or extended term of the voucher).
The PHA will decide whether to approve or deny an extension request within 10 business days of the date the request is received, and will immediately provide the family written notice of its decision.
The voucher may be extended for no more than a total of 120 days from the date of original issuance with the exception that a voucher may be extended for no more than a total of 180 days from the date of original issuance for a reasonable accommodation.
If the voucher expires before the voucher is leased up or the AAHC denies a request for an extension, the applicant is not entitled to an informal review and a participant is not entitled to an informal hearing.