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 DevelopmentUnder Contract with ICF Consulting
2 TRAINERS Phil Jones and Frank Bangor ICF Consulting
3 CHDO InputTDHCA 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 thinkWhat 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+ YearsExperience in HOME6 Mo. 2 Years 5 Years 10+ YearsHOME Knowledge and ExpertiseAwesome 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 surprisesSome "I don't knows" and "IOUs" from usSome questions to you
8 Agenda HOME Materials/Handouts HOME TBRA Requirements Eligible use of TBRA fundsEligible forms of assistanceEligible costsProperty standardsEligible applicantTBRA Program MonitoringChecklists for Program and Project
9 Agenda (continued) Income Eligibility Calculation TDHCA paperwork Part 5 DefinitionDay 2Other Federal RequirementsAffirmative Action,Fair HousingLead Based PaintTDHCA paperworkAccess to ComputerSet-ups and drawsclose outs
11 What is TBRATBRA is a rental subsidy that is administered for TDHCA and can be used to help individual households afford housing costsRentUtility costsSecurity depositsUtility deposits
12 TBRA differs from Rental There are several key differences between traditional rental housing and TBRAHelps individual household (not unit)TBRA assistance moves with familyLevel 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-profitsPublic Housing Authorities (PHA)
14 Eligible Participants Property must meet Section 8 HQSPJ must develop occupancy standardsSection 8 HQS ORHigher local standardsAssure compliance with Lead-Based Paint Title X Regulations (Chapter 12)At Occupancy and Annually.
15 Eligibility Continued Tenants must be low-incomePrior to signing contractAnnually, tenant income must be re-examinedReview source docs
16 Olmstead Rental Assistance Supreme Court interpreted Title II of ADAStates to provide servicesTexas responseproviding services to qualified disable individualsresiding in institutions or at risk of institutionalizedDesire to transition into community living (with supportive services)
17 Olmstead Eligible Participants Qualified Disabled Individuals residing in institutions, which areNursing facilitiesState mental retardation facilitiesTexas Dept. of Protective and Regulatory Services institutions (for mental retardation)Community Intermediate Care Facilities (ICF/MR)State mental health facilitiesHospitalized 3+ over 180 daysHospitalized 12 or more months
19 Steps Key steps: Authorization in TDHCA Computer System Marketing Application intakeWaiting listsEligibility determinationsCoupon issuanceRequest for unit approvalCoupon ContractLease execution and project set-up
20 3 Eligibility CriteriaContract Administrators pre-application criteriaCA’s prescribed selection criteriaMeet Income LimitCitizen or eligible status
21 Eligible Citizen Status Affordability RequirementsTitle 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 JusticeHUD will develop guidance
22 Application and Selection Need a process for identifying and selection eligible applicantsScoring CommitteeClear intake and application processScreening planScoringWaiting ListyoursPHA
23 Application Intake Identified in the Program Design Announcement-public marketing processLocation-where and how apps are takenTimingContinuing basisOne timeMethod of applicationpre-applicationinterviewedMethod of Awardfirst come-first servedpriorities
24 Application intake Preferences CA’s may not discriminateCA’s may establish prioritiesSamplestarget populationspecial needsliving in substandard housingpaying more than 50% income for rent and utilitiesinvoluntary displacedpersons with disabilities
25 Application intake Participation in a Self-Sufficiency Plan Application Selection-income eligibilityPart 5 definition for income eligibilityIncludes income and income from assetsChapter 14 and Income Guide
26 Program Briefing CA to explain guidelines and rules Rules for rent, security deposit,or utility deposit calculationRules for continuation or termination of assistanceRules for portabilityRules on unit conditionHQSLead Hazards
27 Title X Part 35 Title X (Chapter 12) Units built before 1978 with at least one child less than 6 years oldNotificationPamphletLead ReleaseReductionClearanceEnvironmental Intervention Blood Lead LevelCheck 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 goAn applicant deemed ineligible must receive an explanation for the denial of funds-a no goCan be denied due to lack of available funds remaining in TBRA contract-a no goConditional 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 StandardsPermitting persons of the opposite sex (other than spouses) to have separate bedroomsPermitting/requiring young children of the opposite sex (typically under the age of six) to share a bedroomNot requiring different generations of the same sex to share a bedroom; orProviding 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 incomePayment standard for each bedroom size ANDCost of housing and utilitiesCA must set utility allowance scheduleEstimate the average cost of utilities for typical types of housing and various utilities and fuel sourcesInclude water/sewer, electric, gas and trashTelephone and cable T.V. NOT included
33 ExamplePayment Standard $600TTPminus $200Subsidy amount $400
34 Example Total Tenant Payment $200 Utility Allowance $75 minusTenant Contribution $125Payment Standards $600Subsidy $475
35 Example TTP $50 Utility allowance $75 Rent to owner $600 plus utility difference $25 paid to tenantTotal subsidy $625
36 Property Requirements Location: The rental unit must be located in the service areaHousing 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 StandardsHUD Established Payment Standard (FMR) or HUD approved area-wide exception rentUnit Specific Exception rents as approved by TDHCAlimit to 10% of the payment standard for not more than 20% of the TBRA units
38 Rent StandardThe 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 $715The 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 programThe location at which applications will be acceptedTime period for which applications will be distributed and acceptedDeadline for receipt of applications
40 Rental Unit Unit Selection Process Unit Selection Time limits commitment letter and HOME Rental Assistance CouponTime limits60Days and exceptionsUnit approvalRequest for Unit ApprovalContractual termsLease AddendumRental Coupon Contract12 month cap (can renew)
41 Lease Terms Lease is between tenant and landlord one year termOwners’ lease must not contain prohibited lease provisionsCA 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 standardsBudgets, reports, and recordkeeping are kept current and accurate
43 PMC will review Compliance with rent restrictions Compliance with income restrictionsCompliance with property standardsCompliance with other program requirements
46 Monitoring Objectives Track Program/Project Performance–Ensure Timely Expenditure of HOME FundsDocument CompliancePrevention of Fraud and AbuseEnsure Ongoing Administrative CapacityIdentify Technical Assistance needs
47 Monitoring TBRA Program Files Executed Contract and all correspondence with TDHCAProgram Design - letter of approval and documentation of performance on special preferences or OlmsteadManagement PlanAffirmative Marketing – Procedures, documentation of performance, and copies of materials used
48 Program Files Tenant Selection Procedures Utility Allowance DocumentationPayment Standards and Income LimitsFinancial records – ledgers, bank statements, budget reconciliationsMatch log and documentationLead paint related correspondence with local health department
49 Project Files Rental Application Verification of tenant priority status (special needs)Income Verification DocumentationAsset VerificationTenant Income Release Consent FormRent reasonableness documentationHousehold Income Certification (HIC)
50 Project Files continued Request for Unit ApprovalRent reasonableness documentationHQS Inspection Booklet (passing)Lead Hazard Notifications and Receipts and all relevant repair and clearance records
51 Project File Continued CouponCoupon ContractLease and lease addendumRe-certification documentationNotes to the FileTenant self-sufficiency plan and participation in the plan documentation
52 Single AuditSubmit Audit Certification within sixty (60) days after fiscal year endEvery year whether audit required or notEvery year whether contract activity or notIf 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 FundsDocument CompliancePrevention of Fraud and AbuseEnsure Ongoing Administrative CapacityIdentify Technical Assistance needs
54 Desk Review First step Examine reports and financial information Draw downs and match submissionGather 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 adminOther federalKeep 5 years
57 Completion of the following forms Form Project File Monitoring ChecklistForm 4.11 – Financial Questionnaire Monitoring ChecklistForm Financial Compliance Monitoring ChecklistForm Federal Compliance Monitoring ChecklistForm Program Overview Monitoring Checklist
58 Other Federal Requirements Chapter 8 Affirmative marketingChapter 9 Fair HousingChapter 10 AccessibilityChapter 12 Lead-Based Paint
59 AFFIRMATIVE MARKETING Programs must adopt affirmative marketing proceduresInforming the public, owners and tenants about Fair Housing and housing opportunitiesAssessing efforts and taking corrective action when necessaryKeep records of marketing efforts and materialsAffirmative Marketing report available to publicRecord complaintspage 12-2
60 FAIR HOUSING AND EQUAL OPPORTUNITY Applicable laws:Title VI of Civil Rights Act of 1964The Fair Housing ActE.O Equal Opportunity in HousingAge Discrimination Act of 1975Cannot discriminate on the basis of race, color, religion, sex, national origin, handicap, familial status or agepage 12-1 to 12-2
61 Accessibility Handicapped accessibility Americans with Disabilities ActFair Housing ActSection 504 requirementsRequirements 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 barrierspage 12-4
63 Match BasicsBased on Performance Statement, the CA may be required to match 25% of HOME funds drawn down for project costsMatch must be a permanent contribution to the HOME ProgramMatch liability must be satisfied and contributed at draw requests
64 Match Supportive Services Services must be provided to residents of HOME-assisted unitsServices must be:Paid for with non-federal fundsProvided during affordability periodNecessary for independent living OR required in self-sufficiency programMatch credited when services are providedSTANDARDS
65 Match-Supportive Services Supportive Services examples:Case ManagementMental Health ServicesAssistance with Tasks of Daily LivingSubstance Abuse Treatment and CounselingDay CareJob TrainingSTANDARDS
66 Qualifications of Match Cannot be paid with Federal fundsDirect costs limited to salary costs and costs of materials directly related to servicesNEVER overhead costsSTANDARDS
67 TBRA Lead Requirements Notification Evaluation Reduction Disclosure PamphletNotice of evaluationEvaluationVisual assessment as part of HQSReductionPaint stabilizationSafe Work PracticeClearance
68 TBRA Lead On-going Maintenance annual visual inspection as part of HQSEnvironmental Intervention Blood Lead LevelsNotify Public Health agencies when they are notified of an EIBLL childRisk assessment must be performedWork completed Interim ControlsClearance
69 Common Challenges Communicating with owners Monitoring owner complianceRetaining owners in the programMeeting notification/recordkeeping requirementsMeeting ongoing maintenance requirementsRelocating residents when necessaryTrainer Notes:This slide is optional. Use it or change it as necessary to summarize the concerns raised by the group.
71 TBRA Requirements Approach Notification Evaluation Reduction Ongoing MaintenanceEIBLL RequirementsIdentify and Address Deteriorated PaintYesVisual AssessmentPaint StabilizationSafe Work Practices and ClearanceTrainer 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 trainedOccupant ProtectionsSafe Work Practice ExceptionsClearancevisual and dust testingOn-going maintenanceTexas Environmental Lead Reduction Rules in addition to Title X
73 Ongoing Maintenance Applies when relationship is ongoing Requires annual visual assessmentIdentified hazards must be fixed safelyClearance is requiredNote: Reevaluation is required for interim controlsTrainer 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 6Ongoing maintenance to control hazardsPeriodic inspections (including visual assessment)Inspection findings correctedMaintain required recordsTrainer Notes:1. Cover key elements of ongoing maintenance.
75 Reference Manual Chapter 5 EIBLL RequirementsShare and compare data quarterlyWhen report of EIBLL child is received:Verify and report to health departmentConduct risk assessment and notify occupantsPerform interim controls or abatementConduct clearanceTrainer Notes:1. Cover EIBLL requirements and refer to Reference Manual for more detail.Reference Manual Chapter 5
76 Key Program Activities: TBRA ApplicationUnit inspectionInspection findings correctedExecution of agreement and rental documentsOngoing responsibilitiesTrainer 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