1. TDHCA TBRA Implementation Clinic
Sponsored by the Texas Department of Housing and Community Affairs and Department of Housing and Urban Development
Under Contract with ICF Consulting

2. TRAINERS Phil Jones and Frank Bangor ICF Consulting

3. CHDO Input
TDHCA is in the process of evaluating how the Department is working with CHDOs.
We want your input--On your evaluation please let us know what you think
What type of Technical Assistance needs do you have?
Do you have an active Board or do they need help with direction? Business Planning?
What type of capacity building issues can you project for the future?

4. WHO ARE YOU? Experience in Housing and CD Experience in HOME
6 Mo. 2 Years 5 Years 10+ Years
Experience in HOME
6 Mo. 2 Years 5 Years 10+ Years
HOME Knowledge and Expertise
Awesome Pretty Good Not Bad Don't Ask!

5. Who are you? Are you a unit of local government ?
Are you a non-profit agency?
Are you a PHA?
Were you awarded Olmstead Set-aside Funds to administer TBRA?
How many have Section 8 experience?
How many are learning this materials for the first time?

6. WHY ARE WE ALL HERE? Information Advice Share Techniques
Learn Together

7. WHAT YOU CAN EXPECT Too much information Some surprises
® Brain overload!
Some surprises
Some "I don't knows" and "IOUs" from us
Some questions to you

8. Agenda HOME Materials/Handouts HOME TBRA Requirements
Eligible use of TBRA funds
Eligible forms of assistance
Eligible costs
Property standards
Eligible applicant
TBRA Program Monitoring
Checklists for Program and Project

9. Agenda (continued) Income Eligibility Calculation TDHCA paperwork
Part 5 Definition
Day 2
Other Federal Requirements
Affirmative Action,
Fair Housing
Lead Based Paint
TDHCA paperwork
Access to Computer
Set-ups and draws
close outs

10. HOME TBRA Requirements Chapter 1

11. What is TBRA
TBRA is a rental subsidy that is administered for TDHCA and can be used to help individual households afford housing costs
Rent
Utility costs
Security deposits
Utility deposits

12. TBRA differs from Rental
There are several key differences between traditional rental housing and TBRA
Helps individual household (not unit)
TBRA assistance moves with family
Level of subsidy based on income of household and/or rent of the unit the household selects

13. Eligible Recipients ·Units of General Local Government (UGLG)
Non-profits
Public Housing Authorities (PHA)

14. Eligible Participants
Property must meet Section 8 HQS
PJ must develop occupancy standards
Section 8 HQS OR
Higher local standards
Assure compliance with Lead-Based Paint Title X Regulations (Chapter 12)
At Occupancy and Annually.

15. Eligibility Continued
Tenants must be low-income
Prior to signing contract
Annually, tenant income must be re-examined
Review source docs

16. Olmstead Rental Assistance
Supreme Court interpreted Title II of ADA
States to provide services
Texas response
providing services to qualified disable individuals
residing in institutions or at risk of institutionalized
Desire to transition into community living (with supportive services)

17. Olmstead Eligible Participants
Qualified Disabled Individuals residing in institutions, which are
Nursing facilities
State mental retardation facilities
Texas Dept. of Protective and Regulatory Services institutions (for mental retardation)
Community Intermediate Care Facilities (ICF/MR)
State mental health facilities
Hospitalized 3+ over 180 days
Hospitalized 12 or more months

18. TBRA Chapter 3

19. Steps Key steps: Authorization in TDHCA Computer System Marketing
Application intake
Waiting lists
Eligibility determinations
Coupon issuance
Request for unit approval
Coupon Contract
Lease execution and project set-up

20. 3 Eligibility Criteria
Contract Administrators pre-application criteria
CA’s prescribed selection criteria
Meet Income Limit
Citizen or eligible status

21. Eligible Citizen Status
Affordability Requirements
Title IV -the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 limits federal assistance to “qualified aliens”
Interim guidance published in the Federal Register by the Department of Justice
HUD will develop guidance

22. Application and Selection
Need a process for identifying and selection eligible applicants
Scoring Committee
Clear intake and application process
Screening plan
Scoring
Waiting List
yours
PHA

23. Application Intake Identified in the Program Design
Announcement-public marketing process
Location-where and how apps are taken
Timing
Continuing basis
One time
Method of application
pre-application
interviewed
Method of Award
first come-first served
priorities

24. Application intake Preferences
CA’s may not discriminate
CA’s may establish priorities
Samples
target population
special needs
living in substandard housing
paying more than 50% income for rent and utilities
involuntary displaced
persons with disabilities

25. Application intake Participation in a Self-Sufficiency Plan
Application Selection-income eligibility
Part 5 definition for income eligibility
Includes income and income from assets
Chapter 14 and Income Guide

26. Program Briefing CA to explain guidelines and rules
Rules for rent, security deposit,or utility deposit calculation
Rules for continuation or termination of assistance
Rules for portability
Rules on unit condition
HQS
Lead Hazards

27. Title X Part 35 Title X (Chapter 12)
Units built before 1978 with at least one child less than 6 years old
Notification
Pamphlet
Lead Release
Reduction
Clearance
Environmental Intervention Blood Lead Level
Check with Health Department

28. Documents Issued at Briefing
TBRA HOME Rental Assistance Coupon (Form 1.04)
TBRA Request for Unit Approval (Form 1.02)
TBRA Lease Addendum (Form 1.03)
TBRA HOME Rental Coupon Contract (Form 14.07)
Lead-Based Paint Information Booklet (Appendix A-16)

29. Notify applicants within 60 days
The amount of funds awarded to a selected applicant-a go
An applicant deemed ineligible must receive an explanation for the denial of funds-a no go
Can be denied due to lack of available funds remaining in TBRA contract-a no go
Conditional commitments – the notification must include an explanation- a maybe

30. Subsidy model Assumes fixed Payment:
$XXX (approved rent for unit)
-$XXX (maximum PJ subsidy)
$XXX (tenant portion)
TDHCA generally pays difference between its payment standard and 30% of tenant’s adjusted income (TTP)Chapter 14

31. Occupancy Standards
Permitting persons of the opposite sex (other than spouses) to have separate bedrooms
Permitting/requiring young children of the opposite sex (typically under the age of six) to share a bedroom
Not requiring different generations of the same sex to share a bedroom; or
Providing for less than two persons per living/sleeping area in the case of medical necessity.

32. Subsidy and unit size Factors affecting assistance payment:
Family’s income
Payment standard for each bedroom size AND
Cost of housing and utilities
CA must set utility allowance schedule
Estimate the average cost of utilities for typical types of housing and various utilities and fuel sources
Include water/sewer, electric, gas and trash
Telephone and cable T.V. NOT included

33. Example
Payment Standard $600
TTP
minus $200
Subsidy amount $400

34. Example Total Tenant Payment $200 Utility Allowance $75
minus
Tenant Contribution $125
Payment Standards $600
Subsidy $475

35. Example TTP $50 Utility allowance $75 Rent to owner $600
plus utility difference $25 paid to tenant
Total subsidy $625

36. Property Requirements
Location: The rental unit must be located in the service area
Housing Quality Standards (HQS): The property must meet minimum HQS as established by HUD and include Part 35 of the Title X requirements.
Other Rental Subsidies: The rental unit must not receive project-based rental subsidies. For example, the HOME rental coupon cannot be used in public housing or in units receiving Section 8 project-based subsidies

37. Rent Standards
HUD Established Payment Standard (FMR) or HUD approved area-wide exception rent
Unit Specific Exception rents as approved by TDHCA
limit to 10% of the payment standard for not more than 20% of the TBRA units

38. Rent Standard
The payment standard for a 2 bedroom unit in Frankville,TX is $650--
If the CA needs to request an exception rent to TDHCA,for 2 bedrooms--the maximum rent for a 2 bedroom is $715
The CA must assure that of the 100 TBRA Coupon Contracts issued, not more than 20 can have an exception rent (20%)

39. Affirmative Action CA must publish
A description of the TBRA program
The location at which applications will be accepted
Time period for which applications will be distributed and accepted
Deadline for receipt of applications

40. Rental Unit Unit Selection Process Unit Selection Time limits
commitment letter and HOME Rental Assistance Coupon
Time limits
60Days and exceptions
Unit approval
Request for Unit Approval
Contractual terms
Lease Addendum
Rental Coupon Contract
12 month cap (can renew)

41. Lease Terms Lease is between tenant and landlord
one year term
Owners’ lease must not contain prohibited lease provisions
CA must establish termination/non-renewal standards

42. Ongoing Responsibilities
Participating households meet eligibility requirements,
Participating households are re-certified annually,
Rents and utility allowances are updated and calculated correctly,
Rent Reasonableness is established,
Rental units meet HQS and applicable building codes and standards
Budgets, reports, and recordkeeping are kept current and accurate

43. PMC will review Compliance with rent restrictions
Compliance with income restrictions
Compliance with property standards
Compliance with other program requirements

44. Chapter 15
Match Requirement

45. MONITORING
Chapter 4

46. Monitoring Objectives
Track Program/Project Performance–
Ensure Timely Expenditure of HOME Funds
Document Compliance
Prevention of Fraud and Abuse
Ensure Ongoing Administrative Capacity
Identify Technical Assistance needs

47. Monitoring TBRA Program Files
Executed Contract and all correspondence with TDHCA
Program Design - letter of approval and documentation of performance on special preferences or Olmstead
Management Plan
Affirmative Marketing – Procedures, documentation of performance, and copies of materials used

48. Program Files Tenant Selection Procedures
Utility Allowance Documentation
Payment Standards and Income Limits
Financial records – ledgers, bank statements, budget reconciliations
Match log and documentation
Lead paint related correspondence with local health department

49. Project Files Rental Application
Verification of tenant priority status (special needs)
Income Verification Documentation
Asset Verification
Tenant Income Release Consent Form
Rent reasonableness documentation
Household Income Certification (HIC)

50. Project Files continued
Request for Unit Approval
Rent reasonableness documentation
HQS Inspection Booklet (passing)
Lead Hazard Notifications and Receipts and all relevant repair and clearance records

51. Project File Continued
Coupon
Coupon Contract
Lease and lease addendum
Re-certification documentation
Notes to the File
Tenant self-sufficiency plan and participation in the plan documentation

52. Single Audit
Submit Audit Certification within sixty (60) days after fiscal year end
Every year whether audit required or not
Every year whether contract activity or not
If Audit is required, submit the Single Audit report within nine (9) months of fiscal year end or thirty (30) days after receipt of the report which ever is earlier.

53. Monitoring Objectives
Track Program/Project Performance–
Ensure Timely Expenditure of HOME Funds
Document Compliance
Prevention of Fraud and Abuse
Ensure Ongoing Administrative Capacity
Identify Technical Assistance needs

54. Desk Review First step Examine reports and financial information
Draw downs and match submission
Gather additional information as needed

55. Site Visit Collect info to: Assess performance Assess compliance
Determine adequacy of records

56. HOW MUCH and How Long! Types: Keep 5 years Program Project Financial
Program admin
Other federal
Keep 5 years

57. Completion of the following forms
Form Project File Monitoring Checklist
Form 4.11 – Financial Questionnaire Monitoring Checklist
Form Financial Compliance Monitoring Checklist
Form Federal Compliance Monitoring Checklist
Form Program Overview Monitoring Checklist

58. Other Federal Requirements
Chapter 8 Affirmative marketing
Chapter 9 Fair Housing
Chapter 10 Accessibility
Chapter 12 Lead-Based Paint

59. AFFIRMATIVE MARKETING
Programs must adopt affirmative marketing procedures
Informing the public, owners and tenants about Fair Housing and housing opportunities
Assessing efforts and taking corrective action when necessary
Keep records of marketing efforts and materials
Affirmative Marketing report available to public
Record complaints
page 12-2

60. FAIR HOUSING AND EQUAL OPPORTUNITY
Applicable laws:
Title VI of Civil Rights Act of 1964
The Fair Housing Act
E.O Equal Opportunity in Housing
Age Discrimination Act of 1975
Cannot discriminate on the basis of race, color, religion, sex, national origin, handicap, familial status or age
page 12-1 to 12-2

61. Accessibility Handicapped accessibility
Americans with Disabilities Act
Fair Housing Act
Section 504 requirements
Requirements apply to programs and projects

62. SECTION 504 Prohibits discrimination on the basis of handicap
Four components:
(1) program accessibility
(2) employment accessibility
(3) administrative requirements
(4) removal of physical barriers
page 12-4

63. Match Basics
Based on Performance Statement, the CA may be required to match 25% of HOME funds drawn down for project costs
Match must be a permanent contribution to the HOME Program
Match liability must be satisfied and contributed at draw requests

64. Match Supportive Services
Services must be provided to residents of HOME-assisted units
Services must be:
Paid for with non-federal funds
Provided during affordability period
Necessary for independent living OR required in self-sufficiency program
Match credited when services are provided
STANDARDS

65. Match-Supportive Services
Supportive Services examples:
Case Management
Mental Health Services
Assistance with Tasks of Daily Living
Substance Abuse Treatment and Counseling
Day Care
Job Training
STANDARDS

66. Qualifications of Match
Cannot be paid with Federal funds
Direct costs limited to salary costs and costs of materials directly related to services
NEVER overhead costs
STANDARDS

67. TBRA Lead Requirements Notification Evaluation Reduction Disclosure
Pamphlet
Notice of evaluation
Evaluation
Visual assessment as part of HQS
Reduction
Paint stabilization
Safe Work Practice
Clearance

68. TBRA Lead On-going Maintenance
annual visual inspection as part of HQS
Environmental Intervention Blood Lead Levels
Notify Public Health agencies when they are notified of an EIBLL child
Risk assessment must be performed
Work completed Interim Controls
Clearance

69. Common Challenges Communicating with owners
Monitoring owner compliance
Retaining owners in the program
Meeting notification/recordkeeping requirements
Meeting ongoing maintenance requirements
Relocating residents when necessary
Trainer Notes:
This slide is optional. Use it or change it as necessary to summarize the concerns raised by the group.

70. Lead Based Paint

71. TBRA Requirements Approach Notification Evaluation Reduction
Ongoing Maintenance
EIBLL Requirements
Identify and Address Deteriorated Paint
Yes
Visual Assessment
Paint Stabilization
Safe Work Practices and Clearance
Trainer Notes:
1. Note that approach and requirements are same as for homebuyer, but ongoing maintenance and EIBLL also apply. See next two slides.
2. Note that no notice of evaluation is required since a “visual assessment” is not a lead hazard evaluation method.
3. Emphasize qualifications for paint stabilization:
Workers must be trained in Lead Safe Work Practices or work under supervision of Abatement Supervisor

72. Lead Based Paint Safe Work Practice Clearance On-going maintenance
Followed at all times and trained
Occupant Protections
Safe Work Practice Exceptions
Clearance
visual and dust testing
On-going maintenance
Texas Environmental Lead Reduction Rules in addition to Title X

73. Ongoing Maintenance Applies when relationship is ongoing
Requires annual visual assessment
Identified hazards must be fixed safely
Clearance is required
Note: Reevaluation is required for interim controls
Trainer Notes:
The fourth activity in the summary chart (Attachment 3-A) is ongoing maintenance.

74. Ongoing Maintenance Establish procedures to track and document:
New children under age 6
Ongoing maintenance to control hazards
Periodic inspections (including visual assessment)
Inspection findings corrected
Maintain required records
Trainer Notes:
1. Cover key elements of ongoing maintenance.

75. Reference Manual Chapter 5
EIBLL Requirements
Share and compare data quarterly
When report of EIBLL child is received:
Verify and report to health department
Conduct risk assessment and notify occupants
Perform interim controls or abatement
Conduct clearance
Trainer Notes:
1. Cover EIBLL requirements and refer to Reference Manual for more detail.
Reference Manual Chapter 5

76. Key Program Activities: TBRA
Application
Unit inspection
Inspection findings corrected
Execution of agreement and rental documents
Ongoing responsibilities
Trainer Notes:
1. This slide lists the 5 steps in a standard TBRA program process, as listed in Exhibit 5-2 in the Reference Manual. Program may differ slightly but this is a reasonable framework.
2. The exercise that follows is based on this framework.
Reference Manual Chapter 5 Exhibit 5-2