TOP 10 · Best Practices – Some PHAs have adopted admission policies…, including: 1) Whether...

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TOP 10 + REPAIR ITEMS TO HELP YOU PASS YOUR HQS INSPECTION

Transcript of TOP 10 · Best Practices – Some PHAs have adopted admission policies…, including: 1) Whether...

Page 1: TOP 10 · Best Practices – Some PHAs have adopted admission policies…, including: 1) Whether the applicant’s offense bears a relationship to the safety and security of other

TOP 10 + REPAIR ITEMS TO

HELP YOU PASS YOUR HQS INSPECTION

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10. WEATHERSTRIPPING AROUND DOORS. All exterior doors must have adequate weather-stripping along all sides, top and bottom of the door, to eliminate all daylight and draft.

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9. BROKEN GROUND ON RECEPTICAL

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a 8. WINDOWS THAT DO NOT OPEN, CLOSE OR STAY OPEN WITHOUT

A PROP

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7.BROKEN/CRACKED/MISSING

OUTLET/SWITCH PLATE COVERS

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6. MISSING/NOT APPROVED OR SHORT HOT WATER HEATER

DISCHARGE LINE

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5. CHIRPING OR NO BATTERY IN

SMOKE DETECTOR

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4. MISSING INTERIOR AND

EXTERIOR LIGHT BULBS

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a

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3. MISSING

EXTERIOR GLOBES

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a

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2. MOLD LIKE SUBSTANCE

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BEFORE AFTER

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1. FRAYED, UNSECURED

CARPET

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Additional fail items that made the list were:

• Leaks under the sink • Utilities off • Roaches • Loose toilet • Gap/openings around pipes under sink/wall • Open ground/hot neutral outlets • Hanging/loose/holes in soffits • Chipping peeling paint • Missing window locks

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• Dirty or missing drip pans • Broken or cracked window panes • Toilet does not flush properly (hold handle) • Torn screens • Roof leaks in garage • Cable running across floor • Broken door frame • Loose door hinge • Cracks in exterior bricks

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LIFE THREATENING LIST

1. Any condition that jeopardizes the security of the unit

2. Major plumbing leaks or flooding, waterlogged ceiling or floor in imminent danger of falling

3. Natural or LP gas or fuel oil leaks 4. Any electrical problem or condition that could result

in shock or fire 5. Absence of a working heating system when outside

temperature is below 60 degrees Fahrenheit

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6. Utilities not in service, including no running hot water 7. Conditions that present the imminent possibility of

injury 8. Obstacles that prevent safe entrance or exit from the

unit 9. Absence of a functioning toilet in the unit 10.Inoperable smoke detectors 11.Stove/oven gas burners that do not ignite properly 12.Gas hot water heaters must be vented properly at all

sections of vent pipe above hot water heater, to prevent carbon monoxide released into the unit

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For additional information please refer to our website

at: WWW.OHFA.ORG

Thank you for your participation

http://www.ohfa.org/
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CONTRACT/LEASE OHFA, Owner, Tenant

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CFR 982.308 Lease and tenancy

■ The tenant must have legal capacity to enter a lease under State and local law. Legal capacity means that the tenant is bound by the terms of the lease and may enforce the lease against the owner.

■ The tenant and owner must enter a written lease for the unit. The lease must be executed by the owner and tenant.

■ If the owner uses a standard lease form for rental to unassisted tenants in the locality or the premises, the lease must be in such standard form (plus the HUD-prescribed tenancy addendum).

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CFR 982.308 Required information

■ The lease must specify all of the following:

– Names of the owner and tenant. – Unit rented (Address, apartment number and other information to identify

the unit). – Term of the lease (initial term and provisions for renewal). – Amount of monthly rent to owner. – Specification of what utilities and appliances are to be supplied by the

owner and what utilities and appliances are to be supplied by the family

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Contract versus Lease?

■ HAP Contract is between – A. OHFA and Tenant – B. OHFA and Owner – C. Tenant and Owner

■ Lease – A. OHFA and Tenant – B. OHFA and Owner – C. Tenant and Owner

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Part C of HAP Contract: Tenancy Addendum

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OHFA is not a party to the lease

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OHFA is not a party to the lease

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OHFA is not a party to the lease

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Part C – 2. Lease

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Part C – 4. Rent to Owner

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Part C – 5. Family Payment to Owner

Month to month fees after the initial term are considered rent increases above the rent approved in the HAP contract

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Part C – 9 Lease Relation to HAP Contract 10. PHA Termination of Assistance

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Scheduling Appointment Request Form

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Scheduling Appointment Request Form

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Scheduling Appointment Request Form

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Scheduling Appointment Request Form

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Questions

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Oklahoma Housing Finance Agency

HUD Notice PIH 2015-19

Guidance for excluding the use of arrest records in housing decisions

9/21/2016 1

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Oklahoma Housing Finance Agency

• Discussion concerning HUD’s Notice PIH 2015-19 and related issues

• Review of HUD’s Frequently Asked Questions (FAQs)

• Best Practices and Examples • Review

9/21/2016 2

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Oklahoma Housing Finance Agency

• HUD indicates that arrest records may not be the only basis for denying admission, terminations, or evictions

• An arrest record can trigger an inquiry to determine if there is sufficient evidence other than an arrest that the individual engaged in disqualifying criminal activity

• The conduct, not the arrest, is what is relevant for admissions and tenancy decisions

9/21/2016 3

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Oklahoma Housing Finance Agency

• Families must be afforded the basic elements of due process

• HUD does not require adoption or enforcement of so-called “one-strike” rules

• In many cases, we have discretion to decide whether or not to deny admission, terminate, or evict

9/21/2016 4

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Oklahoma Housing Finance Agency

• HUD has reviewed relevant case law and determined that the fact that an individual was arrested is not evidence that he or she has engaged in criminal activity

• HUD indicates an initial arrest shows nothing more than someone is suspected of an offense

• Our policies must ensure that adverse housing decisions are supported by sufficient evidence

9/21/2016 5

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Oklahoma Housing Finance Agency

• HUD recommends other evidence: – Police reports detailing the circumstances of the

arrest – Witness statements – Other relevant documentation – A conviction is reliable evidence

• HUD recommends that when seeking an eviction the evidence used should persuade a court

9/21/2016 6

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Oklahoma Housing Finance Agency

• You may help OHFA to make determinations by providing your lease/program violation write-ups

• OHFA sends the family a letter requesting a brief explanation

• If they wish to dispute the information, they must provide reliable documentation: – Items HUD has recommended – Defense attorney’s statements – Court documentation – Other relevant information

• VAWA

9/21/2016 7

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Oklahoma Housing Finance Agency

• HUD’s FAQs • Q2: Why is the fact of an arrest not itself a

permissible basis for making a housing decision? • A2: The fact that someone was arrested means

only that the person was suspected of having committed an offense. Further investigation may have shown that no criminal activity actually occurred, or that the arrested individual did not in fact commit an offense.

9/21/2016 8

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Oklahoma Housing Finance Agency • HUD’s FAQs • Q4: If an individual has an arrest history, what kind of

evidence of criminal activity is needed before disqualifying that person from housing assistance?

• A4: In determining whether a person who was arrested

for disqualifying criminal activity actually engaged in such activity, PHAs and owners may consider, among other things: police reports that detail the circumstances of the arrest; statements made by witnesses or by the applicant or tenant that are not part of the police report;

9/21/2016 9

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Oklahoma Housing Finance Agency

• HUD’s FAQs • A4: Continued… • whether formal criminal charges were filed;

whether any charges were ultimately withdrawn, abandoned, dismissed, or resulted in an acquittal; and any other evidence relevant to whether the applicant or tenant engaged in the disqualifying criminal activity. The best evidence of a person’s involvement in criminal activity is an official record of the person’s conviction in a court of law for disqualifying criminal activity.

9/21/2016 10

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Oklahoma Housing Finance Agency • HUD’s FAQs • Q5: In considering evidence of a person’s criminal activity, what is

the threshold that must be met before a PHA or owner may disqualify that person from housing assistance?

• A5: …applicants may not be denied admission or assistance based

on the mere suspicion that they or a household member engaged in disqualifying criminal activity. There must be enough evidence to be able to reasonably conclude that the applicant engaged in criminal activity. Thus, the fact that an individual was arrested is not an adequate basis for disqualifying an applicant for admission or assistance.

9/21/2016 11

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Oklahoma Housing Finance Agency • HUD’s FAQs • A5: Continued… • When terminating assistance for participants ...HUD regulations

specifically provide that disqualifying criminal activity by a tenant, other household member, or guest must be demonstrated by a “preponderance of the evidence.” In other words, when taking all the evidence together and considering its reliability or unreliability, it must be more likely than not that the person in question engaged in the disqualifying criminal activity.

• As a reminder, ...denial of admission or termination of assistance

(…in only two cases— where someone has been convicted of producing methamphetamine in federally-assisted housing or must register as a lifetime sex offender—is someone permanently barred).

9/21/2016 12

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Oklahoma Housing Finance Agency

• HUD’s FAQs • Q9: Must a PHA or owner provide an applicant

with notice and the opportunity to dispute the accuracy or relevance of a criminal record before denying admission on the basis of that record?

• A9: Yes…and provide the applicant and the

subject of the record with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record.

9/21/2016 13

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Oklahoma Housing Finance Agency

• HUD’s FAQs • Q10: May PHAs or owners contact HUD if they

have questions about Notice PIH 2015-19 / H 2015-10?

• A10: Yes. If assistance is needed, PHAs and

owners can contact their local field office, which can put them in touch with HUD regional counsel to answer any questions about the Notice.

9/21/2016 14

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Oklahoma Housing Finance Agency

• Best Practices – Some PHAs have adopted admission policies…, including: 1) Whether the applicant’s offense bears a

relationship to the safety and security of other residents;

2) The level of violence, if any, of the offense for which the applicant was convicted;

3) Length of time since the conviction;

9/21/2016 15

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Oklahoma Housing Finance Agency

• Best Practices – Continued 4) The number of convictions that appear on the

applicant’s criminal history; 5) If the applicant is now in recovery for an addiction,

whether the applicant was under the influence of alcohol or illegal drugs at the time of the offense; and

6) Any rehabilitation efforts that the applicant has undertaken since the time of conviction.

• OHFA reviews criminal activity records for the previous 3 years but for methamphetamine-related it is 10 years.

9/21/2016 16

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Oklahoma Housing Finance Agency • Best Practices – Circumstances considered prior to a

termination of the lease…, including: 1) The seriousness of the offending action, especially with

respect to how it would affect other residents; 2) The extent of participation or culpability of the

leaseholder, or other household members, in the offending action, including whether the culpable member is a minor, a person with disabilities, or a victim of domestic violence, dating violence, sexual assault, or stalking;

3) The effects that the eviction will have on other family members who were not involved in the action or failure to act;

9/21/2016 17

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Oklahoma Housing Finance Agency

• Best Practices – continued 4) The effect on the community of the termination,

or of the PHA’s failure to terminate the tenancy; 5) The effect of the PHA’s decision on the integrity

of the public housing program; 6) The demand for housing by eligible families who

will adhere to lease responsibilities;

9/21/2016 18

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Oklahoma Housing Finance Agency

• Best Practices – continued 7) The extent to which the leaseholder has shown

personal responsibility and whether they have taken all reasonable steps to prevent or mitigate the offending action; and

8) The length of time since the violation occurred, the family’s recent history, and the likelihood of favorable conduct in the future.

9/21/2016 19

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Oklahoma Housing Finance Agency

• Resources - websites – HUD's Client Information Policy Systems

(HUDCLIPS) – Fair Housing And Equal Opportunity (FHEO) – HUD in Oklahoma – Oklahoma Housing Finance Agency (OHFA)

9/21/2016 20

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Oklahoma Housing Finance Agency

9/21/2016 21

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Oklahoma Housing Finance Agency

• Review – More evidence than an arrest – Need to read HUD’s Notice PIH 2015-19 and

HUD’s Frequently Asked Questions (FAQs) – Review and revise our admission and termination

policies – Contact the local HUD field office, which can put

us in touch with HUD regional counsel – Contact our legal counsel – Work with police/security guards

9/21/2016 22

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Oklahoma Housing Finance Agency

• Questions/Comments

9/21/2016 23

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OHFA Oklahoma Housing Finance Agency

2016 Landlord Meeting

Uniform Physical Condition Standard- Voucher (UPCS-V) The New HUD Subsidized Housing Inspection Protocol

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OHFA Oklahoma Housing Finance Agency

Background: Since 2007 there have been several audit reports issued by the Office of the Inspector General (OIG), that indicated what the OIG identified as weakness in the Housing Choice Voucher (HCV) inspection program.

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OHFA Oklahoma Housing Finance Agency

Based on those reports Congress issued a statement with the bill appropriating HUD funds for 2016 that directed HUD to; 1. “Implement a single inspection protocol for

public housing and voucher units.” 2. “Move to a consistent inspection standard

across housing assistance programs, as well as for oversight of Section 8 units.”

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OHFA Oklahoma Housing Finance Agency

HUD’s Response to the directive was to conduct a quality assurance review of Housing Choice Voucher Units nationwide using the current Housing Quality Standards (HQS) protocol.

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OHFA Oklahoma Housing Finance Agency

HUD’S Findings From the Review

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OHFA Oklahoma Housing Finance Agency

HUD’s findings concluded that the current HQS inspection protocol; lacks objective well defined deficiency descriptions, is unable to capture detailed unit conditions, does not consider modern health standards, i.e. carbon

monoxide detectors and sprinkler systems, does not have a universal list of life threatening or emergency

deficiencies, in many instances PHA’s (Public Housing Authorities) relied on

paper inspection forms, no oversight by HUD of the condition of HCV units exists.

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OHFA Oklahoma Housing Finance Agency

• Based on these findings, HUD moved expeditiously to search for a replacement for Housing Quality Standards, leading to the development of UPCS-V.

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OHFA Oklahoma Housing Finance Agency

HUD has decided to solicit 250 PHAs to volunteer to participate in a Demonstration which will be administered nationwide by varying size PHAs.

The demonstration will last at least 3 years. I am happy to announce at this meeting that OHFA

has been selected as one of the 250 demonstration agencies nationwide.

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OHFA Oklahoma Housing Finance Agency

Field Testing Should begin sometime in the next 90 days or so. All demonstration Agencies; will move to one inspection protocol, conduct field testing, participate in oversight and monitoring activities by

HUD relating to the new inspection standard.

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OHFA Oklahoma Housing Finance Agency

Major Goals

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OHFA Oklahoma Housing Finance Agency

Major goals of the new inspection protocol is that it will; align program standards nationwide, improve service delivery to landlords and clients, limit the health and safety risks of the families

housed in program units, provide HUD with valuable feedback about the

quality of subsidized housing, enable inspectors to make more accurate and

objective decisions.

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OHFA Oklahoma Housing Finance Agency

The new inspection and oversight protocol/mechanism is called UPCS-V.

UPCS-V brings together housing health and safety, using concepts from the Uniform Physical Inspection Standard (UPCS) and Housing Quality Standards (HQS).

The UPCS protocol currently being used to inspect public housing and other HUD program properties is recognized as a benchmark for government-assisted and affordable housing inspections.

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OHFA Oklahoma Housing Finance Agency

Okay, So What’s New??

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OHFA Oklahoma Housing Finance Agency

UPCS-V will; provide a standardized list of deficiencies and

measurable criteria, provide a standardized list of Life Threatening and

emergency items, have up to date health and safety standards, align the inspection standard with other federally

assisted programs,

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OHFA Oklahoma Housing Finance Agency

provide uniform inspector training and registration, capture level of severity for line item deficiencies, provide customized unit condition index to make all

stake holders aware of the property condition, allows the PHA to use photo and document evidence

to ensure all fail deficiencies have been mitigated.

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OHFA Oklahoma Housing Finance Agency

Question: What is the major difference between UPCS-V and HQS? Answer: The new model (UPCS-V) incorporates standards that collects more detailed data which will result in a better representation of the condition of the unit than HQS.

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OHFA Oklahoma Housing Finance Agency

The new inspection protocol like will capture levels of severity for deficiencies on an escalating scale of severity, L1 (minor), L2 (major), L3 (significant).

Each of the classifications is going to be used in

conjunction with the Pass/Fail rating to determine the level of severity for each failed item and will result in a unit condition index.

The unit condition index will give residents, owners and HUD better insight into the condition of the assisted unit.

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OHFA Oklahoma Housing Finance Agency

Under the new inspection model when a Life Threatening or 24 hour Emergency (LTE) is found the inspector must provide a list of those emergency deficiencies to the responsible party, either the resident or owner, for repair within 24 hours.

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OHFA Oklahoma Housing Finance Agency

So What Is HUD’s Equation for the Success of UPCS-V?

A standardized list of deficiencies + Level of Severity Classification + Standardized List of LTE items = More

detailed description of the unit

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OHFA Oklahoma Housing Finance Agency

Other Changes Nationwide are; UPCS-V is designed to be an electronic inspection

model. Inspections will be performed using HUD provided

software. PHAs will be required to document and submit all

UPCS-V inspections to HUD electronically. Inspections will include photos of the most severe

deficiencies. (OHFA is currently photographing all deficiencies)

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OHFA Oklahoma Housing Finance Agency

Implementation: The demonstration will begin with OHFA inspecting a

portion of up to 100% of the agency’s units under contract with the UPCS-V protocol.

The portion will expand as the demonstration continues. OHFA is not in charge of when or how the expansion to different areas under its jurisdiction will happen.

When the original portion of up to 100% of the units begins, the units inspected under the protocol will be restricted to within 30 miles of the agency main office. That distance will be expanded as the demonstration continues.

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OHFA Oklahoma Housing Finance Agency

THANK YOU FOR COMING AND BEING A GREAT AUDIENCE!!


APPLICANT’S INFORMATION PACKAGE

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Http://chemwiki.ucdavis.edu/Physical_Che mistry/Physical_Properties_of_Matter/Phas e_Transitions/Phase_Diagrams_1 .

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0 MANAGEMENT OPERATIONS OVERVIEW (MASS). 1 Indicator 3: Management Operations PHAS BACKGROUND Public Housing Agencies (PHAs) are not owned by the Federal.

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