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TDHCA TBRA Implementation Clinic

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Presentation on theme: "TDHCA TBRA Implementation Clinic"— Presentation transcript:

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

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

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

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