Transcript Shelter Plus Care: Focus on the Basics Annual Technical Assistance Workshop

Shelter Plus Care:
Focus on the Basics
Annual Technical Assistance Workshop
for the SPC Project Sponsors of
Harris County
October 15, 2008
1
Terminology




24CFR582 – SPC Program regulation citation
Grantee - Harris County
Participant = Tenant = Client
Project Sponsors/Sponsor Agencies






AIDS Foundation Houston (AFH)
HOPWA Housing Corporation (HOPWA)
Mental Health Mental Retardation Authority of Harris County
(MHMRA)
Service of the Emergency Aid Resource Center for the
Homeless (SEARCH)
Veterans Affairs (VA)
Volunteers of America (VOA)
2
SPC Program Purpose
24CFR582.1
To provide permanent housing in connection
with supportive services to hard-to-serve
homeless persons with disabilities and their
families.
Primary target populations are serious mental
illness, chronic problems with alcohol and/or
drugs, HIV/AIDS.
Refer to HUD website at:
http://www.hud.gov/offices/cpd/homeless/programs/splusc/index.cfm
3
Program Components
24CFR582.100

Tenant-Based Rental Assistance (TRA)
 All

scattered site projects
Sponsor-Based Rental Assistance (SRA)
 AFH’s

My Home, both VOA projects
Project-Based Rental Assistance (with or
without rehab) (PRA)
 AFH’s
WAM
 HOPWA’s Northline SRO

SRO-Based Rental Assistance (none)
4
Eligible Participants 24CFR582.1
A person must be both homeless and
disabled
 In the case of a homeless household, at
least one adult member must meet the
program’s definition of disabled

5
HUD’s Definition of Homeless




On the street or in an emergency shelter
Transitional housing for homeless persons who
came from the street or emergency shelter
In one of the above places, but is spending up to
30 consecutive days in a hospital or other
institution
The CSD Homeless Checklist with supporting
documentation attached must be placed in each
participant file
6
Chronic Homeless





Unaccompanied homeless individual
Disabling condition
Continuously homeless for a year or more OR at
least four (4) episodes of homelessness in the
past three (3) years
Must have been sleeping in a place not meant for
human habitation (e.g., living on the streets)
and/or in an emergency homeless shelter during
that time
CSD’s Homeless Checklist with supporting
documentation attached must be placed in each
participant file
7
Examples of Inadequate
Homelessness Documentation



Letter from referral source states: “Client has
completed treatment and is ready for permanent
housing.”
Letter from shelter states: “This letter is not to
verify homelessness.”
Too much time between the date that the client
was documented as being homeless and the
lease start date.
 Stayed in shelter on 9/15/08
 Lease start date 10/1/08
8
What’s wrong with this scenario?

Supporting homelessness documentation letter
states: Ms. Smith was admitted to residential
treatment on 1/2/08. Client was homeless at the
time of admission to the residential treatment
and is homeless at the time of discharge with no
safe housing to return to that is healthy and
supportive of recovery efforts and family
reunification. She is financially indigent and will
be living on the street or in a shelter if not able to
obtain housing.
9
What’s wrong with this scenario?

The Homeless Status Checklist indicates Mr.
Vines was residing in a transitional housing
facility before entering the SPC program. The
supporting homeless documentation denotes
that the caseworker visually saw Mr. Vines
residing in his car. He completed his transitional
stay in 60 days.
10
What’s wrong with this scenario?

The Homeless Status Checklist indicates Mr.
Anderson was living on the streets. The
SEARCH mobile outreach team provided
documentation that Mr. Anderson was living
under the bridge at I45/Pierce. The physician’s
note states that Mr. Anderson is looking forward
to getting permanent housing so he can stop
staying at his parents’ house.
11
Disability

Persons with disabilities - those who have
a disability that
 Is
expected to be of long-continued and
indefinite duration;
 Substantially impedes his or her ability to live
independently; and
 Is of such a nature that the disability could be
improved by more suitable housing conditions
12
Documentation of Disability




That the impairment is of a long-continued and
indefinite duration AND it substantially impedes
the person’s ability to live independently.
Written documentation must come from a
credentialed professional trained to make such a
determination.
Self-certification is unacceptable.
“CSD’s Disability Verification” form must be
signed and placed in each participant file.
13
What’s wrong with this scenario?

Mr. Frazier entered the SPC program on
6/4/07. His disability verification came
from a third party licensed social worker
who provided source documentation
verifying that he was a resident in their
drug treatment program from 9/12/06
through 1/30/07.
14
What’s wrong with this scenario?

Mr. Garcia has been diagnosed with HIV.
His source documentation was submitted
by his physician indicating Mr. Garcia’s
condition is long term and could be
improved if he had a more suitable
housing condition.
15
What’s wrong with this scenario?

Ms. Beautiful was referred to the SPC
program by a local shelter. The shelter
provided a copy of Ms. Beautiful’s Social
Security Income Letter to prove she is
disabled. The shelter also provided a letter
signed by her physician that Ms. Beautiful
has a diagnosis of Major Depression.
16
Eligible Activities 24CFR582.105

There are two activities eligible under SPC
 Rental
assistance for program participants
 Eligible administrative costs associated with
administering the rental assistance (not the
costs of administering supportive services or
preparing the application, reports or audits)
Refer to HUD’s Homeless Resource Exchange website:
http://hudhre.info/index.cfm?do=viewSpcResourceManSec2-1
17
Rental Assistance 24CFR582.105



Includes rent and a utility allowance (if it is not
an “all bills paid” unit)
When necessary, includes a security deposit in
an amount up to one month’s rent (to be
discussed this afternoon)
Funds can be used for one month’s rent for
housing units vacated by a program participant
 “Vacated” excludes brief periods of inpatient
care (limited to 90 days)
18
Administrative Costs 582.105(e)(2)
Up to 8% of grant amount left over after Rental
Assistance has been covered can may be used
for:





Receiving participants into the program
Providing housing information and search assistance
Determining participant income and rent contributions
Processing rental payments to landlords and utility
companies
Inspecting units for compliance with HQS (Grantee)
19
Leasing Requirements









Fair Market Rents
Rent Reasonableness
Utility Allowances
Housing Quality Standards
Lead-Based Paint Requirements
Occupancy Agreements
Termination of Assistance
Fair Housing and Equal Opportunity
Resident Rent Calculations
20
Fair Market Rents


The gross rent (amount of contract rent on the lease plus
the amount of utility allowance) cannot exceed the Fair
Market Rent for the unit.
FY2009 FMR’s effective October 1, 2008 for Harris
County are:





SRO
1BR
2BR
3BR
4BR
$481
$642
$714
$1154
$1451
21
Rent Reasonableness 24 CFR
582.305
The amount of rent charged must be certified as
reasonable


in relation to rents being charged for comparable
unassisted units with similar features and amenities
and not more that rents currently being charged by
the same owner for comparable unassisted units
Submit a Rent Reasonableness Request form
for CSD approval before a new participant
moves into the unit or before renewal lease
begins.
If tenant pays utilities, also send the Utility
Allowance worksheet.
22
Utility Allowance Worksheet


When utilities are not included in the rent paid to
the landlord, the SPC participant is given a utility
allowance to be deducted from their resident
rent portion.
Complete the Utility Allowance Form issued by
either the Harris County Housing Authority (or
the City of Houston Housing Authority if the unit
is in the City of Houston.)


Remember there are different forms/amounts based on single
family, mobile home, up to 4 units, and 5 or more unit
complexes.
The worksheet must be submitted along with the Rent
Reasonableness Request form.
23
NEW



Once the unit contract rent amount has been certified as
reasonable, the Rent Reasonableness Request form is
effective for the participant’s stay in the unit. If the
participant moves or the rent amount increases, a new
Rent Reasonableness Request form is required.
If an “all bills paid unit” will change to requiring the tenant
to pay the utilities, a new Rent Reasonableness Request
form must be submitted before the change.
Tip: obtain a copy of the “Renewal Letter” which is
usually mailed out 35 days before the end of a lease.
24
What’s wrong with this scenario?

On 9/12/08, a Rent Reasonableness Request for
Mr. Smith was submitted indicating that the
contract rent would be $450.00. CSD certified
this amount as reasonable on 9/13/08. The
lease submitted with the October 2008 reports
had $460.00 as the contract rent amount for the
time period 10/1/08 through 9/30/09.
25
What’s wrong with this scenario?

Rent Reasonable Request
26
Housing Quality Standards
24CFR582.305
HQS sets acceptable conditions for interior
living space, building exterior, heating and
plumbing systems and general health and
safety
 Before any rental assistance may be
provided the grantee, or other qualified
entity, must physically inspect and pass
each SPC unit

27
Housing Quality Standards
24CFR582.305(a)
Problems must be corrected within 30
days from start of the lease
 Grantee must verify problems have been
corrected
 Grantee must conduct annual physical
inspections of all units

28
What’s wrong with this scenario?

An HQS was requested and passed on
6/16/07 for Ms. Hayes. In preparing the
reports for July 2008 rents, Sponsor
Agency staff notice that the annual
inspection is past due. Ms. Hayes
continues to live in the same apartment
complex, so a new HQS request is
submitted and the unit passed on 6/20/08.
29
Lead-Based Paint Requirements

Regulations at 24 CFR Part 35





Applicability
Required activities
Training requirements
Place a copy of the Disclosure Form signed by the
participant in the file.
For more information (regulations, disclosure forms,
training opportunities, guides):


HUD Office of Lead Hazard Control homepage:
www.hud.gov/offices/lead
EPA Clearinghouse: (800) 424-LEAD
30
Occupancy Agreements

Updated version now requires information
on the names of the other persons living in
the unit, their relationship to the
participant, date of birth and gender.

Remember, the information on the Occupancy
Agreement must match the information on the
Lease, Rent Calculation Worksheet, Persons
Served Worksheet and Household
Characteristics Reports
31
What’s wrong with this scenario?
Occupancy Agreement lists 2 persons
living with the participant: a 17 year old
spouse and a 1 year old son
 Rent Calculation Worksheet shows an
allowance for 2 dependents

32
What’s wrong with this scenario?

An occupancy agreement dated 5/1/08 for
Ms. Ritalin and two (2) dependents was
submitted. As of today, 10/15/08, the
participant has married and has one (1)
additional dependent. The annual
certification is not due until 5/1/09,
however the original occupancy
agreement is still on file.
33
Termination of Assistance




Rental assistance may be terminated if a
participant violates conditions of occupancy
Regulations recommend that participants be
terminated only for the most serious rule
violations
If termination is necessary, the Project Sponsor
must follow a formal process that recognizes the
participant’s rights to the due process of law
May resume assistance to persons whose
assistance was previously terminated
34
Fair Housing and Equal
Opportunity



Federally funded projects cannot discriminate in the
renting, selling, and advertising of dwelling units on the
basis of race, color, religion, sex, familial status, or
national origin, or on the basis of the renter or buyer
being disabled.
Even though the SPC regulations permit housing
providers to establish a target population, HUD’s position
is that no homeless person with a disability can be
denied admission to a SPC funded project just because
he/she does not have that targeted disability.
Refer to Corporation for Supportive Housing, “Between the Lines”, Chapter
Four: Serving Designated Populations, http://www.csh.org/html/btlnat1-6.pdf
35
Resident Rent Calculations
24 CFR 582.310
Each resident of SPC must pay the
highest of:
 30 percent of monthly adjusted income
 10 percent of monthly gross income
 portion of the family’s welfare assistance
designated for payment of rent
36
Calculating Tenant Rents

Requirements for calculating tenant rent payments are
detailed in CPD Notice 96-03


Shows how to calculate rental payments using a worksheet
Specifies items that must be included and excluded in
determining annual income
 Specifies allowable adjustments to income
 Discusses general rent topics
Note: If the utility allowance for tenant-paid utilities is more than the
resident rent payment, the Project Sponsor can pay the
difference to the utility company and request SPC
reimbursement.

Use the rent calculation worksheet on CD or online at
www.hud.gov/offices/cpd/homeless/programs/shp/rent.xl
s Use CSD’s form
37
Annual Income vs.
Adjusted Income
Annual Income - The gross amount of
income anticipated to be received by a
household during the coming year
 Adjusted Income – A household’s annual
income less specified deductions based
upon family circumstances

38
Income source documentation

Unacceptable calculations




Using only one paycheck stub
Using amount of food stamps in calculation
Not including income from assets (401k, life insurance policy,
etc.)
Not reporting total household income



People/dependents listed on the Occupancy Agreement, Persons
Served Worksheet, and HCR must match
Use the “Non-Income Affidavit” form when the participant
has no income nor assets.
Use the “Non-Income Affidavit Statement of Sole
Support” if other adults in the household have no
income.
39
What’s wrong with this scenario?

The participant receives a pension in the
amount of $900.00 and provides this
source documentation on 2/3/06. It is now
Feb. 2008 and it is the second annual
period of the recertification; the
participant’s income has not changed, and
the letter from 2/3/06 is used for
verification.
40
Small Group
Rent Calculation Scenarios
Pre-approval for new SPC
Participants - NEW

Effective immediately, Project Sponsors
must submit an Individual Eligibility Form
with supporting documentation for all
participants entering the SPC program.
42
Lunch Break
43
Annual Certification - NEW



Annual Certification is the day that a new lease, a new
Resident Rent Calculation Worksheet with supporting
income source documentation, and a new Occupancy
Agreement are completed.
“New lease” applies to a participant moving to a new
unit, renewing a lease, or when the lease changes due
to an increase in rent or change in the utilities paid by
the landlord/tenant.
In order for a participant to move, Sponsor Agency has
to approve the move, and the move must be justified
(unit burned in fire, HQS failed multiple times) – no
hopping around.
44
CSD Programmatic Reports

Monthly Reports:
 Project
Status Report
 SPC Household Characteristics Summary
 SPC Household Characteristics Report

Quarterly Persons Served Worksheet
45
CSD Financial Reports

Presented by CSD Finance Staff
46
Annual Progress Reports

Use the Persons Served Worksheet and the
APR from the previous reporting period

Use the CSD APR Checklist

Submit electronic copies of the CSD APR
Checklist and APR to Project Monitor; signatures
will be obtained after CSD’s review is completed

APR is due to CSD no later than 30 days after
the end of the operating year.
47
Mistakes when completing APR




Inconsistencies between related APR questions
Wording in the objectives differs from previous
year’s objectives
Project not at capacity on the last day of the
operating year, but no explanation is given on
the last page
Numbers of adults/children on the Person
Served Worksheet does not match the number
of persons reported in APR (such as in item 2.
first day, entered, left, last day)
48
Monitoring Areas

Participant Eligibility

Housing

Project Progress

Match Documentation

Overall Management
Systems
49
Purpose of Annual Monitoring

To determine compliance with HUD regulations,
circulars and statutes

To determine whether activities are implemented
as described in the application and APR

To verify that all required documentation is in the
file

To determine if all income was used to calculate
resident rent
50
Recordkeeping 24CFR 583.300(g)





When you receive the notice of an upcoming monitoring
visit, review the attached Monitoring Checklist for areas
which will be reviewed.
If your agency keeps electronic records, you need to
print out all forms for monitoring purposes.
Even if a participant has been in the SPC program for
years, CSD will check for eligibility (homeless and
disabled documentation, date of entry into program/first
lease, etc.) during annual monitoring visits.
Closed participant files are subject to review.
Be careful when “thinning out” large files that all
required documentation is available for review.
51
Participant File (should include)

Application into the program which includes how your agency
determined client met eligibility

Individual Eligibility Form with attached documentation of
homelessness and disability

Initial assessment, service plan, ongoing assessments, progress
notes

Rent calculations, income source documentation, occupancy
agreements, and leases

Discharge summaries with exit dates

And other items deemed necessary for SPC
52
Other Files

Approved application/amendments and
award documents

Program procedures (next slide)

Correspondence, regulations and program
guidance

Financial

Property information, if applicable
53
Policies and Procedures Manual for
your SPC program







Not for the agency overall
Should include CSD reporting forms for the SPC
program
Outreach plan/how applicants are received
Application process
Determining eligibility for SPC
Procedure for meeting SPC Participation of Homeless
requirement
A copy will be obtained at the annual monitoring visit
54
Capacity - NEW
When a SPC project has not been at
capacity for three (3) consecutive months,
Harris County will issue a Finding.
Sponsor Agencies will have 60 days to
correct the deficiency. Future renewal
requests may be jeopardized due to
projects not operating at 100% capacity.
55
Participation of Homeless
24CFR582.300(a)(1),(2)


Must provide for participation of at least one
homeless or formerly homeless individual on
the board of directors or other equivalent
policy-making entity, to the extent that the
entity makes policies and decisions regarding
the SPC project
If unable to do so, must otherwise consult
with homeless or formerly homeless persons
when considering and making policies and
decisions regarding the SPC project
56
Documenting Participation of
Homeless - NEW



Sponsor Agency should provide
documentation, such as Board approval, of
formal participation, listing the duties and
responsibilities of how the person assists the
Board with homelessness issues.
Sponsor Agency should obtain a written
statement from the respective person
detailing their current or formerly homeless
situation.
A copy will be obtained at the annual
monitoring visit.
57
Security Deposits - NEW
Project Sponsors will be able to use SPC
grant funds for security deposits, not to
exceed one month’s rent, paid directly to
the owner/landlord.
 Submit the “Security Deposit Request
Form” along with the monthly
programmatic and financial reports.

58
Another HUD resource available
HUD has updated the Supporting
Housing Program Desk Guide.
 Portions on documenting homelessness,
calculating resident rent, and lease
requirements can be helpful to SPC.


http://hudhre.info/documents/SHP_Deskguide.pdf
59
Questions/Answers
60