Title
Resolution to Amend the ACOP Regarding Chapter 13: Other Authorized Reasons for Termination: III.C. Over Income Families.
Memorandum
The Ann Arbor Housing Commission's Public Housing Admission and Continued Occupancy Policy (ACOP) details its policies and procedures for the management of its Public Housing Program. The AAHC periodically revises the Plan to reflect changes in HUD regulations and changes in AAHC policies.
Staff recommend updating the language to the ACOP Chapter 13: Other Authorized Reasons for Termination: Part III C. Over Income Families to the procedures the AAHC must take for public housing residents who are over income. The AAHC in accordance with HUD HOTMA 2016 Final Rule, may terminate tenancy for families who are determined over-income. Staff request Board approval of these recommended changes.
Current PHA Policy
Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786]
Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, the PHA may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self-Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives PHAs the discretion to do so thereby making units available for applicants who are income-eligible.
PHA Policy
The PHA will terminate the tenancies of families who are at 80% AMI or higher at an annual income certification.
Proposed PHA Policy
Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786]
Section 16(a)(5) of the United States Housing Act of 1937 (1937 Act), as amended by section 103 of HOTMA, requires PHAs to terminate or charge an alternative rent to families whose income exceeds the program maximum income limit for two cons...
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