MSHDA - Office of Housing Voucher Programs Policy and Procedures Manual
Chapter III: Selecting Names / Voucher Issuance
Effective: December 2003
Introduction
This chapter contains information on the following topics related to voucher issuance: selecting names from the waiting list, required documents, (proof of birth and social security cards), criminal screening, required certifications and authorizations, briefing sessions, expanding housing opportunities, Elite procedures, and issuance of the voucher.
Section A: Selecting Names
1. Selecting a Name/Over-issuance
To maintain lease-up, determine how many names must be selected and pulled from a waiting list to fill vacant voucher numbers. Base your decision on past experience. For example, if it usually takes five pulled names to complete a contract, pull five names for each vacancy you want to fill. However, “over-issuance” voucher numbers are not available if you have more eligible applicants than vacant vouchers. If the applicant is determined to be income eligible and you do not have an available voucher, return the applicant to the waiting list.
At the time names are selected, make a determination if the voucher is for the Housing Choice Voucher (HCV) program or a special program such as:
- F - Family Unification Program
- M - Mainstream (CMH) Disability
- H - Homeless preference
- A - Project Access
- D - Assisted Affordable Housing Project (AAHP)
If the voucher is for a special program with a separate code, pull names from those special program waiting lists for the county.
2. Income Targeting Requirements
- At least 75% of the families admitted to MSHDA’s HCV Program during each fiscal year, July 1 through June 30, must be extremely low income (ELI - at or below 30% of the area median income). Gross annual income is used both for determination of income eligibility at admission and for the income targeting requirement. MSHDA monitors the percentage rate of new admissions to ensure the required ELI rate is attained.
- If too many over-ELI families are admitted, HS/A’s will be notified to SKIP higher income applicant families on the waiting list for a period of time until MSHDA again meets the 75% of families at ELI.
Note: Do not skip names when filling special program vouchers, (i.e. Welfare to Work, Family Unification, etc).
- The Waiting List Report (EHR 119) indicates OVER 30% for non-ELI applicants. Do not select an over-30% applicant during the SKIP period. Select applicants from the waiting list according to the applicant’s date/time/preference.
- If an applicant initially appears to be UNDER 30%, but upon verification is determined to be OVER 30%, the applicant’s name must be returned to the waiting list with updated income information entered in EHS. The applicant’s name will remain on the list until the SKIP period ends. Send an Application Status letter (MSHDA 1634a) to the applicant explaining they are being returned to the waiting list due to lack of funding.
3. Waiting List in EHS
4. Initial Contacts with the Applicant
- When making initial contact with the applicant, request the following verifications using the MSHDA 1791:
- Authorizations to Release Information [Applicant/Tenant Authorization, Certification, and Consent (MSHDA 158) and Authorization for the Release of Information/Privacy Act Notice (HUD 9886). - These forms must be completed and signed by every household member who is 18 years of age or older.
- Family Composition (MSHDA 51a) - This form must be completed by the head of the household.
- Citizenship (MSHDA 213/214) - The Declaration of 214 Status (MSHDA 214) must be completed and returned with the verification documents for EVERY household member. Refer to Section C of this Chapter, Citizenship Requirements.
- Checklist (MSHDA 1792) – This form must be completed and signed by every household member who is 18 years of age or older.
- Use ‘other - box 4’ on the MSHDA 1791 to make the request for any additional verifications.
- Request income and expense verifications based on the information provided on the MSHDA 1792 via the Original Request for Documents (MSHDA 53).
- Disability Allowance - The household may have indicated a disability on the application, but the head of household/spouse/co-head was not 62 or older or receiving SSI. In order to qualify for the $400 disabled household allowance, the head of household/spouse/ co-head must verify their disability via a Verification of Disability (MSHDA 16).
- Pregnancy Verification - only applicable if the applicant is a pregnant woman living alone as she is entitled to a two-bedroom voucher.
- The applicant must submit a certificate/statement from a Health Care Professional to verify the pregnancy. Other acceptable verifications include a Verification of Medical Expenses (MSHDA 100) or a Supplemental Information (MSHDA 77) verifying pregnancy observed by the HS/A.
- The documentation must be returned within 14 days.
- If documentation is missing or incomplete, the applicant must be notified of the deficiencies via a MSHDA 1634a.
- If no response is received from the applicant, send a Application Denial/Program Termination (MSHDA 1634b), hold for 14 days (until the informal review deadline has passed), and withdraw the applicant’s name from the waiting list.
5. Income Limit Eligibility
- Based on previous response to MSHDA 1634c, MSHDA 1791, and MSHDA 53, determine if the household gross income is at or below the lower income limit for the county in which the assistance is provided.
- If the household gross income is above the county income limit, an Eligible County Listing (MSHDA 1634c) must be forwarded to the applicant.
- The applicant has 60 days to locate a unit in an eligible county.
- If the applicant selects a designated county, identify the PS amount(s) and provide an applicable utility chart.
- The file must be transferred to the selected county.
- If the applicant selects multiple counties, the file must be retained in the county of application until the applicant either locates a unit or narrows their selection to one county.
- The initial HS/A is responsible for answering all inquires until the file is physically transferred.
- If a vacant voucher is not available in the receiving county, the originally issued voucher number must be transferred.
6. Applicable Forms List
Form Number |
Name of Form |
| EHR 119 |
Waiting List Report |
| HUD 9886 |
Authorization for the Release of Information/Privacy Act Notice |
| MSHDA 16 |
Verification of Disability and/or Special Medical Needs |
| MSHDA 51a |
Family Composition |
| MSHDA 53 |
Original Request for Documents |
| MSHDA 77 |
Supplemental Information |
| MSHDA 100 |
Verification of Medical Expenses |
| MSHDA 158 |
Applicant/Tenant Authorization, Certification, and Consent |
| MSHDA 213 |
Citizenship Information Packet |
| MSHDA 214 |
Declaration of 214 Status |
| MSHDA 1634a |
Application Status |
| MSHDA 1634b |
Application Denial/Program Termination |
| MSHDA 1634c |
Eligible County Listing |
| MSHDA 1791 |
Initial Request Verification |
| MSHDA 1792 |
Checklist |
Section B: Definition of Family and Family Composition/Codes
Effective: February 2007
1. Definition of Family
A person living alone or a multiple person household whose combined income does not exceed the income limits prescribed by HUD.
2. Family Composition/Codes
HUD’s Multi-Tenant Characteristic System (MTCS) reporting requires MSHDA to enter/update relationship codes for every household member with each MTCS transaction. Fatal errors and discrepancy reports from HUD occur when inaccurate relationship codes are entered and transmitted via MTCS. Refer to the Elite User Guide, Tab Section, Overview of Family Members, for appropriate coding in Waiting List and Resident Processing, otherwise the entire record is rejected and/or an income discrepancy is created.
3. Head of Household
The head of the household is the adult member of the household who the family designates as head on the Household, Income, Asset, and Expense Declaration (MSHDA 1890) who wholly or partly has responsibility for paying the rent, and has the legal capacity to enter into a lease under State and/or local law. Note: Emancipated minors who qualify under State law can be recognized as head of household.
4. Spouse
- The spouse is the legal husband or wife of the head of household. The spouse is the marriage partner whom, in order to dissolve the relationship, would have to be divorced. The term spouse does not apply to boyfriends, girlfriends, significant others, or co-heads.
- If a spouse is under 18, code as a dependent (i.e. $480 dependent allowance). Verify the family status (via check-back) when the spouse turns 18 and change the relationship code in Elite at that time.
- At check-back time refer to Chapter IX, Interim Re-examinations for processing instructions.
5. Co-Head
- A co-head is the boyfriend, girlfriend, or significant other of the head of the household. This person has equal responsibility for the lease. A family may have a spouse or co-head, but not both.
- If the co-head is under 18, enter in Elite as a dependent (i.e. $480 dependent allowance). Verify family status (via check-back) when the co-head turns 18 and change the member data in Elite at that time. At check-back time, refer to Chapter IX, Interim Re-examinations for processing instructions.
6. Dependent
- A family member (except foster children and foster adults) qualifies as a dependent if they are:
- Under 18 years of age; or
- Another adult with a verified disability; or
- A verified full-time dependent student; or
- A spouse or co-head under 18 years of age
- A head of household cannot be a dependent.
7. Disabled Person
The definition of a disabled person is a person who:
- Has a disability, as defined in (A) 42 U.S.C. 423 and is determined to have a physical, mental, or emotional impairment that is expected to (1) be of long-continued and indefinite duration, (2) substantially impede his or her ability to live independently, and (3) be of such a nature that the ability to live independently could be improved by more suitable housing conditions, or (B) has a developmental disability as defined in 42 U.S.C. 6001. This definition includes persons who have the disease of acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. For purposes of qualifying for low-income housing, it does not include a person whose disability is based solely on any drug or alcohol dependence; and means “individual with handicaps,” for purposes of reasonable accommodation and program accessibility for persons with disabilities.
- Is receiving Supplemental Security Income (SSI) if under the age of 65, or who meets the definition of disabled as described on the Verification of Disability and/or Special Medical Needs (MSHDA 16), or who identifies themselves as disabled on the application.
Note: The disabled person definition is included on the MSHDA 16.
8. Elderly Person
- An individual whose age is at least 62.
- When the head/co-head/spouse turns 62, they qualify for the $400 elderly/disabled household allowance with the effective date of the interim re-examination.
9. Emancipated Minor
10. Foster Care/Children
For purposes of determining the appropriate household size:
- A child who is away from home due to placement in foster care and is expected to return prior to the next re-examination is a member of the family.
- Foster children are part of the household. However, if during the term of the contract the foster child moves from the residence, the tenant must notify the HA (Housing Agent) of the decrease in family size. If the change in family composition requires that a voucher be downgraded, the tenant must be immediately notified in writing (via a Subsidy Size Decrease form (MSHDA 147) that their voucher will be decreased at re-examination or move, whichever occurs first.
- Foster children residing in the unit along with families who are certified for foster care and are awaiting placement of children, is an eligible member(s). Verify foster care participation in writing or by phone with the child placement agency via a Supplemental Information form (MSHDA 77). If children are anticipated to occupy the unit within a reasonable period of time, they must be considered when determining the issuance size.
- Foster children are NOT considered ‘dependents’ and income received specifically for foster care is excluded. Foster care payments are not counted as household income.
11. Full-time Student 18+
Verify dependent student status via the School Verification form (MSHDA 55) for all household members 18 years and older. The verification must confirm full-time (not part-time) dependent student status to qualify for the $480 dependent allowance. Dependent student status means the student lives with his/her parent/guardian(s) and is claimed as a dependent by the parent/guardian(s) and eligibility for the HCV Program is based on the income of the parent/guardian(s) and all other members of the family. Housing Agents must review dependent student status at least annually and any time MSHDA is notified of a student status change. Changes in full-time student status may affect TTP calculations (i.e. loss of $480 dependent allowance, loss of excluded wages). See Chapter IV, Income Verification for additional information.
12. Full Time Live-In Aide
- A person approved by MSHDA who resides with one or more elderly persons or disabled persons and who is:
- Determined by a licensed health care professional to be essential to the care and well being of an elderly or disabled person. Verify using Verification of Medical Expense/Special Needs, MSHDA 16 or MSHDA100 (version 7/00 or older), and
- Not obligated for the support of the person(s) and who would not normally/otherwise be a member of the household, and
- Living in the unit only to provide necessary supportive services. NOTE: A relative or other individual may be classified as a full-time live-in aide if they would not reside in the unit except as a full-time live-in aide.
- A live-in aide would live in the unit and sleep there; i.e., one aide, 24-hour around the clock care. It would not be considered a live-in aide situation when there is an agency hired to come in to provide home health care and different individuals assist for three 8-hour shifts to provide the 24-hour care.
- Live-in Aide Documentation Requirements:
- MSHDA 15 – Verifies name, social security number, date of birth, citizenship, and ethnicity of the Live-In Aide and certifies Live-In Aide understands reason for being in the unit and obligations to the participant. Information from the MSHDA 15 must be entered into Elite. Refer to Elite User Guide, Tab Section, Overview of Family Members.
- MSHDA 16 – Verifies need for a Full Time Live-In Aide (Also, refer to Issuance Size Exceptions).
- Lease – Members of household section must include the words “Full Time Live-in Aide.”
- HAP Contract – Members of household section must include the words “Full Time Live-in Aide.”
- A bedroom for the full-time live-in aide is included in the voucher eligibility size. A live in aide qualifies for occupancy as long as the person receiving supportive services resides in the unit and has a documented need for services.
- If a household member changes their status from a family member to a live-in aide, the member loses their right to become a future household member. Explain this policy to the household; the decision is non-revocable.
- Live-in aides or live-in aide family members do not:
- Qualify for continued occupancy with rental assistance as a Remaining Tenant of the tenant family.
- Need to comply with citizenship requirements.
- Need to provide additional income verification paperwork.
- For live-in aides or live-in aide family members, Housing Agents do not:
- Provide or verify income for purposes of determining eligibility or level of benefits.
- Count live-in aides and/or their minor children as dependents.
- Live-In aides or live-in aide family members must successfully pass a criminal screening before becoming a part of the household.
- Annually, the HA must verify that a full time live-in aide still qualifies and resides in the unit.
- Documentation in the file must include a MSHDA 16 that is obtained each year OR a permanent MSHDA 16 or MSHDA 100 (dated 7/00 or earlier and designated by the appropriate check box).
- Live-In Aide must complete and submit a Live-In Aide Certification (MSHDA -15)
- During the annual inspection, determine if the full-time live-in aide is residing in the unit. If investigation proves the Live-In Aide is not residing in unit, notify the family via the Family Size Subsidy Decrease Form (MSHDA 47). Refer to Chapter IX, Section E-2 for removing household members.
- Whenever a file is touched, the HA must verify the name of the live-in aide. If live-in aide has changed, HA must obtain a new MSHDA-15 from the new live-in aide, perform a criminal screening on the new live-in aide, and change live-in aide personal information data on Elite as appropriate.
13. Adding New Members
- The family must obtain written approval from both the landlord and MSHDA to add new member(s), except for adding a child by birth, adoption, or court-awarded custody (new spouse, children, other relatives, friends, significant others, etc. require approval). Acceptable written approval would be a letter from the tenant which includes a statement from the landlord approving the addition to the household and that is signed and dated by both parties.
- When the HA receives a written approval from the tenant and landlord agreeing to the additional household member, the HA must:
- Perform Criminal and Sex Offender Screening - for all adult members added to the family. MSHDA cannot approve adult members who do not pass the screening.
- Issue a New Voucher (HUD 52646) - If approved additional members increase the voucher eligibility size, execute a new voucher of the appropriate size effective at the current annual re-examination or move, whichever occurs first.
- Prepare an Adjustment Notification (MSHDA 34) -Identify the new household members in the Additional Provisions section of the form. (Note: Completion of a MSHDA 34 signifies MSHDA approval.
- New members who don’t meet the above requirements cannot be added to the household. Notify ineligible member(s) via a Program Termination (MSHDA 1634b) form. If the ineligible family member remains in the unit, the family’s HCV will be terminated.
14. Applicable Forms List
Form Number |
Name of Form |
| HUD 9886 |
Authorization for the Release of Information/Privacy Act Notice |
| HUD 52646 |
Voucher |
| MSHDA 15 |
Certification of Live-In Aide |
| MSHDA 16 |
Verification of Disability and/or Special Medical Needs |
| MSHDA 34 |
Adjustment Notification |
| MSHDA 55 |
School Verification |
| MSHDA 77 |
Supplemental Information |
| MSHDA 100 |
Verification of Medical Expenses |
| MSHDA 147 |
Subsidy Size Decrease |
| MSHDA 1634b |
Application Denial/Program Termination |
| MSHDA 1890 |
Household, Income, Asset, and Expense Declaration |
Section C: Citizenship Requirements
Effective: December 1, 2003
Introduction
Every household member must certify his/her citizenship status to receive Housing Choice Voucher (HCV) rental assistance. Non-citizens must certify eligible immigration status as determined by the Immigration and Naturalization Service (INS). The citizenship certification/verification is a one-time requirement. Once certified/verified, the citizenship material is retained in the permanent non-purge section of the official tenant file.
This rule ensures only citizens, nationals, and eligible legal immigrants are assigned HCVs. Effective June 19, 1995, HUD regulations restrict assistance to non-citizens with ineligible immigration status.
An applicant family without any citizen members or eligible immigration status members is not eligible for assistance. [MRP24CFR Part 812 Section 214 of the HCD Act of 198D and final rule dated 3/20/95 at 60FR14816 et. seq.]
1. Eligibility for Assistance
- The Head of Household or spouse must verify eligible citizenship or immigrant status before a household can be admitted to the program.
- Each individual will be designated as belonging to one of the following categories:
- Citizens or Nationals
- Eligible immigrants age 62 or older
- Other eligible immigrants
- Ineligibles
- Non-citizen students on student VISA
- A mixed family (containing both eligibles and ineligibles) is eligible for prorated assistance. Prorated assistance is a calculation of subsidy based on the number of family members who are citizens or have eligible immigration status as related to the total number of household members.
- Per the HUD and Public Law 106-504, citizens of the Republic of Marshall Islands, the Federated States of Micronesia, or the Republic of Palau are eligible for full assistance (effective 11/13/2000). For affected families, the Housing Agent (HA) must conduct an interim re-examination and make any rent adjustments immediately.
- Depending upon the verification status of the household members, households are categorized and receive assistance as follows:
- Eligible households receive full continued assistance; or
- Mixed families receive prorated assistance; or
- Ineligible households must have their assistance deferred, denied, or terminated.
2. Certification of Citizenship
- All families must be notified of the requirement to provide certification of their citizenship status.
- New applicants must be notified when their name is pulled from the waiting list.
- New additions to a family must be notified and certified at the time the family member is added.
- All family members must certify their status regardless of previous documentation received regarding each person’s identity (such as birth certificates and other forms of identification).
- No family member may receive assistance until at least one family member has submitted the required documentation.
- If an applicant/participant is not proficient in English, MSHDA must arrange for the notice and comments to be provided in a language understood by the individual. If translation is necessary, contact the following in this order:
- Local Continuum of Care
- MSU Cooperative Extension
- Assigned Resource Specialist.
3. Documentation Requirements
- Submission Requirements: The head of household and/or spouse must complete a Declaration of Section 214 Status (MSHDA 214) AND have eligible citizen or immigrant status.
- EACH household member must complete:
- Applicant/Tenant Authorization, Certification, and Consent form (MSHDA 158) and either:
- MSHDA 214; or
- Citizen Information Packet (MSHDA 213) including Listing of Non-Contending Family Members.
Note: The MSHDA 213 is not required for a citizen and should not be kept in the file.
- Non-citizens who are 62 years of age or older and were receiving Section 8 assistance on or before September 30, 1996, must submit:
- A signed MSHDA 214; and
- Proof of age document (birth certificate, driver’s license, state ID, other proof of age document).
- All other non-citizens claiming eligible immigration status must submit all of the following:
- A signed MSHDA 214; and
- An INS card or other INS document (see exhibit A); and
- A signed verification consent form (revised MSHDA 158) describing transmission and use of the information obtained (if sent with another transaction, an additional MSHDA 158 is not required).
Note: Proof of birth is not required of non-citizens who have eligible immigration status and all other eligibility documentation is provided for verification.
- A time extension (not to exceed 30 days) from the normal Initial Request Verification/Request for Verification (MSHDA 1791) deadline may be granted in writing by the HA if needed for the individual to obtain the required documentation.
- The HA must inform the family, in writing that its request for an extension has been:
- Granted, the notice must state the extension period of 30 days (use Application Status MSHDA 1634a) or
- Denied, the notice must explain the reasons for the denial (use Non-Citizenship Notice Termination – MSHDA 1630).
Note: Family members are required to submit the original document(s) providing acceptable evidence of eligible immigration status. MSHDA may not retain the original document(s). MSHDA must immediately make copies and return the original document(s) to the family member.
- The MSHDA 214 must be reviewed to determine the eligibility based on the information provided by the family. If a HA suspects that an applicant or participant has misreported their immigration status, (or altered or forged documents), the case must be referred to HUD’s Inspector General Office for investigation.
4. Prohibition of Assistance to Non-Citizen Students
- Assistance is prohibited to non-citizen students and their families. A non-citizen student is defined as:
- A bona fide student pursuing a course of study in this country; and
- An individual who has a residence in a country outside of the U.S. who has no intention of abandoning the residence; and
- An individual admitted to this country temporarily, solely for the purpose of pursuing a course of study.
- The prohibition extends to non-citizen spouses of the students and their minor children. This prohibition does not include citizen spouses and their children. (Children born to a U.S. citizen spouse are U.S. citizens by birth. Children may have dual citizenship based on the other parent’s non-U.S. citizenship.)
5. Deferral, Denial, or Termination of Assistance
Denials and Terminations
- Assistance to an applicant must be denied or a currently assisted household’s assistance must be terminated when:
- Declaration of citizenship or eligible immigration status is not submitted by the specified deadline or extension date; or
- Required evidence is submitted, but INS primary and secondary verification does not verify immigration status, and
- The family does not pursue INS or MSHDA appeal; or
- INS or MSHDA appeal is pursued, but the decision(s) are rendered against family.
- MSHDA must terminate assistance for at least 24 months if the family is determined to have knowingly permitted an ineligible individual to live in the assisted unit without informing MSHDA.
- Assistance to an applicant or currently assisted household must not be delayed, denied or terminated because of ineligible immigration status if:
- The family member in question leaves the household (i.e. moves out of the assisted unit).
- The INS verification process has not been completed.
- The INS appeals process has not been completed.
- Assistance is prorated.
- Deferral of termination of assistance is granted; or
- For a program participant, the informal hearing process has not been completed.
- A family who intentionally misrepresents its citizen or eligible immigrant status will be responsible for reimbursing MSHDA for overpaid assistance. This repayment can be prorated for up to 24 months using a MSHDA Repayment Agreement (MSHDA 103).
- If MSHDA decides to deny or terminate assistance for a household, MSHDA must send a MSHDA 1630 stating one of the following:
- Financial assistance will be denied or terminated with an explanation.
- The family may be eligible for prorated assistance if it is a mixed family.
- In the case of a currently assisted household, procedures for obtaining relief under the preservation of families provision is available (e.g. temporary deferral or prorating of assistance).
- The family has the right to appeal the results of the secondary verifications to the INS; or
- The family has the right to request an informal hearing from MSHDA in lieu of an INS appeal or after an appeal; or
- A request for citizenship verification extension has been denied with an explanation.
- Other reason for denial or termination with an explanation; and/or
- For applicants, that assistance may not be delayed until the conclusion of the INS appeal process, but may be delayed during the informal hearing process.
Deferral
- Families may have termination of assistance deferred to allow time for transition to affordable housing if they were receiving MSHDA assistance on or before June 19, 1995, and are ineligible citizens.
- A deferral can be offered if the family does not accept prorated assistance, or does not have any eligible members (A household can elect to accept the prorated assistance at any time during the deferral period. The household must show evidence that they have actively been searching for units).
- The initial period granted which may be granted with prior written approval from the Resource Specialist, must not exceed six months. Additional extensions may be given in increments up to 18 months with prior written approval from the Resource Specialist.
- Before the end of each deferral period it must be confirmed that affordable housing continues to be unavailable.
- MSHDA determines if affordable housing is available and may require evidence of the family’s good faith efforts to locate housing.
- Other affordable housing is defined as housing which is the appropriate size for family, is not substandard, and not greater than 125% of what the family currently pays toward rent and utilities.
- MSHDA must notify the family in writing at least 60 days in advance of the expiration of the deferral period before granting another deferral or termination of assistance.
- Assistance continues (either full or prorated, whichever is applicable) until the informal hearing has been completed and a decision is rendered.
6. EHS Entries for Calculation of Prorated Assistance
- [Refer to Sections 2.8, Screen S2 (page 3) and 3.3, Screens 7 (page 13) of the EHS Manual]
- Assistance for mixed families is calculated based on the percentage of eligible individuals in the household. (The calculation is the same for project-based certificates and the Moderate Rehabilitation Program, but varies slightly for HCV.)
- EHS will automatically calculate pro-rations based on citizenship codes entered on Screen S7, Field 9. (See examples, pages 12 and 13 of the EHS manual.)
- The Citizenship Code field must be correctly completed for EACH household member on EHS to avoid fatal errors in MSHDA’s transmission of data to HUD.
- Enter the citizenship code (Section 3.1.3), on Screen S7, Field 9 using the codes listed below: NOTE: Each family member’s code will factor into the rent calculations for rental assistance eligibility.
- EC = Eligible Citizen (eligible U.S. citizen or national)
- EN = Eligible Non-citizen (alien registration number verified by the INS)
- IN = Ineligible Non-citizen (unable to verify registration at INS or the person has not yet provided documentation of eligible status, or the person elected not to contest eligibility status) NOTE: This code will prorate rent share.
- PV = Pending Verification (alien registration is pending verification by the INS
- XX = DO NOT USE
Note: Leave blank for household members who are live-in aides or foster children/adults.
Alien Registration Number (ARN)
- Enter on EHS, Screen S7, Field 10 (if applicable).
- The A – number or ARN contains seven, eight or nine numerical digits preceded by the letter A, e.g., A72 735 827. Do not enter the letter A. If the alien registration number has seven digits, enter two zeros before the alien registration number. If the alien registration number has eight digits, enter one zero before the alien registration number. If the alien registration number has nine digits, enter the number without a leading zero. Enter the digits from left to right.
- Examples:
- A1234567 enter as 001234567
- A12345678 enter as 012345678
- A123456789 enter as 123456789
- Each alien registration number is unique in that it pertains to one person or one document only. In many instances, the INS provides minors and infants in the U.S. with individual alien numbers.
Family Subsidy Status Codes under Non-citizen Rule
- [See EHS Manual – Section 3.3, Screen S8, page 15.]
- The Non-Citizen rule allows MSHDA to provide financial assistance to U.S. citizens, nationals, and non-U.S. citizens with eligible immigration status.
- If only some of the family members are eligible for assistance based on the rule, MSHDA must prorate the amount of assistance available to the household. Enter on EHS, Screen S8, Field 3, using the following status codes:
- C = Qualified for continuation of full assistance
- E = Eligible for full assistance
- F = Eligible for full assistance pending verification of status
- N = Not subject to Non-citizen rule (DO NOT USE)
- P = Prorated assistance
- T = Temporary deferral of termination.
Explanation of status codes:
7. MSHDA/File Responsibilities for New Applicants
Immigration and Naturalization Service Response
Positive Response - Confirmation of eligibility provided
- The HA perform the following:
- Attach the INS response to the MSHDA 214: and
- Forward the documentation to the DT,
- The DT notes on the permanent, non-purge checklist that the MSHDA 214 is in the file.
Negative response - Non-eligible based on INS response
- The HA staff informs the applicant via a MSHDA 1630 of the INS response and their right to appeal the decision with the INS. MSHDA will also offer the applicant an informal hearing. However, the applicant will be advised that MSHDA will base the hearing decision on the appeal with the INS. If the INS confirms eligibility, MSHDA will accept the applicant. If the INS denies eligibility, MSHDA must deny assistance to the applicant. Appeal procedures are included in the “Notice of Applicants Applying for and Participants currently receiving Section 214 Notice Housing Assistance” (MSHDA 213).
8. Portability
Portability Out Records
- Enclose a copy of any citizenship documentation with the Family Portability Information (HUD 52665) and all other required documents.
Portability In Records
- Request a copy of any citizenship documentation from the Initial PHA. NOTE: The Initial PHA is not required to provide the information.
- If not provided, the HA must request the citizenship documentation from the incoming applicant/participant.
9. Definitions
- Child: A family member other than the head/spouse/co-head who is under 18 years of age.
- Citizen: A citizen (by birth or naturalization) or national of the U.S.
- Eligible Household: All family members are citizen(s), national(s), or non-citizen(s) with eligible immigrant status.
- Evidence of Citizenship or Eligible Immigration Status: The documents which must be submitted to establish citizenship or eligible immigration status.
- Head of Household: The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.
- Ineligible Household: No member is a citizen, national or eligible immigrant.
- INS: The United States Immigration and Naturalization Service.
- Mixed Family: A household which includes both members who are citizens, or have eligible immigration status, and members who do not have eligible immigration status (or elect not to state that they have eligibility status).
- Non-Citizen: A person who is neither a citizen nor a national of the United States.
- PHA: Public Housing Authority (e.g. MSHDA).
- S.A.V.E.: Systematic Alien Verification Entitlement – Computer verification system with INS.
- Spouse: A marriage partner, either a husband or wife; someone who would need to be divorced in order to dissolve the relationship. It includes the partner in a common law marriage. Spouse does not include boyfriends, girlfriends, significant other, or “co-heads.”
10. Applicable Forms List
Form Number |
Name of Form |
| MSHDA 19 |
Permanent Documents Checklist |
| MSHDA 53 |
Original Request for Documents |
| MSHDA 103 |
Repayment Agreement |
| MSHDA 158 |
Verification Consent Form |
| MSHDA 213 |
Notice of Section 214 Requirements |
| MSHDA 214 |
Declaration of Section 214 Status |
| MSHDA 1630 |
Non-Citizenship Notice Termination |
| MSHDA 1634a |
Application Status |
| MSHDA 1791 |
Initial Request Verification |
| MSHDA/MRP 1634 |
MRP Application Status (MRP only) |
| G 845S |
S.A.V.E. Document Verification Request |
Section D: Proof of Birth and Social Security Number
Effective: April 2007
MSHDA is requiring that a proof of birth and proof of a Social Security Number (SSN) is on file for every household member regardless of age. This requirement applies to all new admissions and also applies to persons joining a family after a family’s admission to the program.
The proof of birth and SSN documents are requested by the HA at the time of waiting list pull or upon annual or interim re-examination (if a new household member is being added) using the following forms:
- Household, Income, Asset, and Expense Declaration (MSHDA 1890)
- Request for Required Documents (MSHDA 53)
For new admissions, a voucher may not be issued to the applicant until a proof of birth and proof of SSN has been received for every member of the household. Assistance will be terminated to participant families adding a new household member if the proof of birth and proof of SSN are not provided within 60 days for a non-elderly person, 120 days for an elderly person (age 62 or older), or within six months for a newborn child.
Note: MSHDA copies of these documents will be retained in the permanent section of the MSHDA file between the Citizenship Verification (MSHDA 214) and the Criminal and Sex Offender Screening (either MSHDA 51a or MSHDA 77).
1. Proof of Birth
Acceptable proof of birth must: a) include the individual’s name; and, b) identify the individual’s date of birth. Acceptable proof of birth verification includes:
- Birth Certificate
- Hospital Record
- Affidavit of Parentage
- Form DD-214 (Veterans Only)
- Passport
- Cradle Roll
- Baptism Record
- Naturalization Certificate
- Letter from local government (of birth location) identifying why a certificate is not available
- Third-Party Verification of birth (i.e. letter from Social Security Administration [SSA])
- Green Card
- United States passport
- Resident alien card
- Social Security card (if it contains the individual’s name and identifies the date of birth)
- If a family member is initially unable to provide a copy of proof of birth, the head of household must execute a Certification of Missing Proof of Birth/Social Security Number (MSHDA 110). The MSHDA 110 allows the family member 60 days to acquire the documents. Note: Elderly (age 62 and older) individuals may be granted an additional 60-day extension to provide proof of birth (total 120 days). The HA must note the extension date on the MSHDA 110 in the case of elderly persons or newborn child. The family member must attach copies of the correspondence showing the attempts to obtain the proof of birth to the MSHDA 110. When the applicant/participant who has executed a MSHDA 110 receives the information requested within the 60 days (120 days if elderly) and provides it to the HA, the actual proof of birth would be placed in the permanent document section of the file.
- If the individual has legally changed their name, the legal documents showing the name change must be submitted with the proof of birth.
- Proof of birth is not required of non-citizens who have eligible immigration status and all other eligibility documentation is provided for verification.
- Should the applicant/participant receives a statement that the proof of birth is not available, i.e., elderly applicant with statement that a proof of birth is non-existent; this statement will be placed in the permanent document section of the tenant file and would satisfy the proof of birth requirement.
2. Social Security Number
- All applicants and participants who have a Social Security Number (SSN) must disclose the number and submit verifying documentation.
- If a family member is unable to provide a copy of a Social Security Card, the following verification may be accepted as proof of SSN if the document contains the tenant's name and specifically identifies the nine-digit SSN (i.e. SSN: 999-99-9999):
- Letter from SSA
- DD-214 (Veterans Only)
- Medical insurance card (including Medicare and Medicaid)
- Driver’s license
- Identification card issued by a federal, state, or local agency
- Identification card issued by an employer or trade union
- Earnings statements on payroll stubs
- Bank statements
- IRS Form 1099
- Benefit award letters from government agencies
- Life insurance policies
- Court records (real estate, tax notices, marriage and divorce, judgment, or bankruptcy records)
- If a family member is initially unable to provide a copy of proof of SSN, the head of household must execute a MSHDA 110. The MSHDA 110 allows the family member 60 days to acquire the documents. NOTE: Elderly (age 62 and older) individuals may be granted an additional 60-day extension to provide proof of SSN (total 120 days). Families requesting a SSN for a newborn child may have up to a six-month extension to the original 60 days if proof of birth is provided on the newborn child. The HA must note the extension date on the MSHDA 110 in the case of elderly persons or newborn child. The family member must attach copies of the correspondence showing the attempts to obtain the proof of SSN to the MSHDA 110. When the applicant/participant who has executed a MSHDA 110 receives the information requested within the 60 days (120 days if elderly) and provides it to the HA, the actual proof of SSN would be placed in the permanent document section of the file.
- For individuals who applied for legalization under the Immigration Reform and Control Act of 1986 (IRCA) the letter issued by the Immigration and Naturalization Service (INS) is acceptable verification.
- When entering the SSN information into the Elite database, the applicant or participant, and all household member names must be entered in Elite exactly as the name appears on the proof of SSN for the first name, middle initial, and last name.
Note: All that is required for the transmission of the HUD 50058 to PIC is the first name, middle initial, and last name. For example, if the name on the proof of SSN shows a complete first name, complete middle name, and last name, only the first name, middle initial, and last name must be entered on Elite. The HA may enter the complete middle name if they wish. When notified of a name change, the new name cannot be entered into the Elite system until the HA receives proof verifying the change in name with the Social Security Administration. Name changes or SSN changes in Elite for the head of household must be made by the MSHDA staff person responsible for PIC/MTCS entries. Name changes or SSN changes in Elite for other members of the household must be made by the HA. Refer to your Elite Guide for instructions.
3. Alternate Identification Number (AID)
4. Denial/Termination of Assistance
The household has 60 days from the certification date (date MSHDA 110 is signed) to produce the proof of SSN verification and proof of birth; whichever document is missing or both documents if both are missing. Families who fail to provide the required documentation must be denied (applicants) or terminated (participants). The HA/MRP staff must issue an Application Denial/Program Termination Notice (MSHDA 1634b) if denial/termination is necessary. The MSHDA 1634b contains the required informal review/language.
5. Applicable Forms List
Form Number |
Name of Form |
| MSHDA 53 |
Request for Required Documents |
| MSHDA 110 |
Certification of Missing Proof of Birth/Social Security Number |
| MSHDA 214 |
Declaration of 214 Status |
| MSHDA 1634b |
Application Denial/Program Termination |
| MSHDA 1890 |
Household, Income, Asset, and Expense Declaration |
Section E: Required Screenings
Issued April 2009 and is effective immediately for all cases with an approval
date of June 1, 2009 and after.
Introduction
This section discusses the required screenings that must be performed during
the initial eligibility review for all applicants (including portability cases),
and for current participants at:
- Annual re-examination; and
- Interim re-examination for additions to the household of persons 18 years
of age and older or when a current household member turns 18.
All federally-assisted housing is intended to provide a place to live and
raise families, not a place to commit crimes, use or sell drugs, or terrorize
neighbors. In an effort to prevent future drug-related and other criminal
activity, as well as other patterns of behavior that pose a threat to the
health, safety or right to peaceful enjoyment of the premises by other
residents, (and as required by 24 CFR 982, Subpart L and CFR Part 5, Subpart J,)
MSHDA endeavors to screen applicants as thoroughly and fairly as possible. The
existence of such behaviors will be grounds for denial or termination of program
assistance, regardless of the applicant or participant's knowledge of the
behavior as it relates to other members of the household.
1. Definitions
Adult:A person who is 18 years of age or older.
Applicant:A potential recipient of HCV assistance who is already
placed on the appropriate county waiting list and whose name has been pulled
from the waiting list to receive services.
Currently Engaging In: With respect to behavior such as illegal use of
a drug or other criminal activity, currently engaging in is defined by
MSHDA as having occurred within the past twelve months.
Drug-Related Criminal Activity:The manufacture, sale,
distribution, or use of an illegal drug, or the possession of an illegal drug
with intent to manufacture, sell, distribute, or use the drug.
Engaged In Or Engaging In Violent Criminal Activity: Any act within
the past two years by an applicant, or participant household member which
involved criminal activity that has as one of its elements the use, attempted
use, or threatened use of physical force substantial enough to cause, or be
reasonably likely to cause, serious bodily injury or property damage.
Federally Assisted Housing: Housing assisted under any of the
following programs:
- Public Housing;
- Project-based or tenant-based assistance under Section 8 of the U.S
Housing Act of 1937 [42 U.S.C. 1437f].
- Housing insured, assisted, or held by HUD or by a State or local agency
under Section 236 of the National Housing Act [12 U.S.C. 1715z-1].
Household: The family and PHA approved live-in aide [24 CFR Part
982].
ICHAT: Michigan State Police Internet Criminal History Access Tool
Law Enforcement Agency: The National Crime Information Center, police
departments, and other law enforcement agencies that hold criminal conviction
records.
OTIS: Michigan Department of Corrections Offender Tracking Information
System
Pattern of Abuse: MSHDA defines a pattern of abuse as two or more
occurrences of alcohol or drug-related offenses during the past twelve
months.
SOR: Michigan State Police Sex Offender Registry
Violent Criminal Activity: Any criminal activity that has as one of
its elements the use, attempted use, or threatened use of physical force
substantial enough to cause, or be reasonably likely to cause, serious bodily
injury or property damage; including but not limited to rape, murder, robbery,
arson, or assault.
See PPM
Glossary for additional definitions.
2. Debt Review (Owing monies to MSHDA or other PHA)
If an applicant’s name appears in Elite as delinquent or the applicant has a
known debt with another PHA but they are current on a scheduled Repayment
Agreement, the application (MSHDA 322) is accepted. If any applicant
deliberately misrepresents the information on which eligibility or tenant rent
is established, MSHDA may deny assistance and refer the family file/record to
the proper authorities for appropriate disposition.
If the applicant has a debt with MSHDA or any other federally-assisted
housing program, or has refused to sign a Repayment Agreement, the application
must be denied unless the applicant pays the total debt, or signs the Repayment
Agreement, whichever is applicable, within 14 days of being offered
assistance. Once denied, the applicant may reapply to an open waiting list
provided the negative delinquency status has been resolved. Denial
notification is sent via an Application Denial/Program Termination form (MSHDA
1634b).
3. Criminal Screening
MSHDA conducts a background check of criminal records for all applicants and
participants of its HCV program. The admission of an adult applicant (or
new adult household member) is contingent upon their passing of the criminal
screening as identified in the PPM, Chapter
V. Denials.
MSHDA is authorized to obtain criminal records from law enforcement agencies
for the purpose of screening applicants for admission to the HCV program
including project-based Vouchers, and the Moderate Rehabilitation(MRP)/SRO
Program [24 CFR, Part 5, Subpart J].
MSHDA has entered into an agreement with the Michigan Department of State
Police (MSP) allowing either designated MSHDA personnel and/or contracted
Housing Agents (HA) to compare eligible MSHDA applicants for, or participants
with, a HCV against the database system known as the Internet Criminal History
Access Tool (ICHAT), maintained by the MSP Criminal Justice Information
Center.
In conjuction with ICHAT, MSHDA will also utilize the MI Sex Offender
Registry (SOR), and the Michigan Department of Corrections (MDOC) Offender
Tracking Information System (OTIS) as criminal screening tools.
a. Application Notification of Screening
Appropriate language is included in the Application informing applicants
that a check or "screening" for criminal activities, alcohol abuse, and sex
offenses will be performed and their participation may be denied if it is
discovered that they or members of their household have engaged in such
activity.
b. Consent Forms
Every applicant household is required to submit a signed Household, Income,
Asset, and Expense Declaration (MSHDA 1890), signed by all adult household
members, which authorizes any law enforcement agency to release their agency's
criminal records. By executing the consent form, the adult household
member(s) consent to the law enforcement agency releasing the information and
for MSHDA to use the records to determine if denial of or admission to the
program is warranted.
c. Confidentiality
MSHDA is permitted to use criminal records only to determine if an
applicant or participant is eligible for the program.
The MSHDA contracted HA or staff may disclose the criminal records to
officers or employees of MSHDA, or authorized representatives of MSHDA with a
job-related need to access the information (such as a hearing officer
conducting an Informal Review). MSHDA is not responsible for
controlling access to or knowledge of such records after such disclosure.
Due to confidentiality, MSHDA staff and/or HAs cannot disclose specific
detailed criminal record information to the owner/landlord. However, if
the owner/landlord seeks a copy of the information from MSHDA, they may obtain
a consent form signed by the household member; provide a copy of the
owner/landlord's standards and criteria for prohibiting admission for
eviction, for lease enforcement, and/or for terminations, whichever apply;
and, the owner must certify that the record will be used in a judicial
proceeding.
The penalty for requesting or obtaining information under false pretenses,
improper use of, or for knowingly and willfully disclosing information to any
individual not entitled under law to receive the information, is a misdemeanor
crime and punishable by a fine up to $5,000.
Employee/Agent Confidentiality Requirements:All MSHDA
contracted HA's have signed confidentiality agreements.Contracted HA's
who abuse the screening system for personal benefit will have their contracts
terminated. State employees who abuse the screening system and use the
MSP data base for personal benefit will be appropriately disciplined per
Michigan Department of Civil Service guidelines.
d. Standard for Denial of Admission
MSHDA denies admission to the program to applicants (and terminates
assistance to participants) when MSHDA determines there is reasonable cause to
believe that a household member is illegally using a drug, or the person
abuses alcohol in a way that may interfere with the health, safety or right to
peaceful enjoyment of a premises by other residents. Denial also
includes, but is not limited to, instances where MSHDA determines there is a
pattern of illegal use of a drug or a pattern of alcohol abuse; or that the
applicant/participant or household member has been "engaged in or engaging in"
violent criminal activity(See Definitions.)
The existence of the above-referenced behavior by any household member,
regardless of the applicant's knowledge of the behavior, is grounds for denial
of assistance. In evaluating evidence of past negative behavior, MSHDA
gives fair consideration to the seriousness of the activity with respect to
how it affects other residents, and/or likelihood of favorable conduct in the
future, which is supported by evidence of rehabilitation. See Chapter
V. Denials for information regarding mandatory and discretionary denial of
applicants, and Chapter
XIV. Terminations for information regarding
mandatory and discretionary terminations of participants.
When a family is denied admittance to the program due to a criminal record,
the family may reapply to the program after the time stated for the offense in
the criminal record has expired and the appropriate county waiting list is
open.
e. Screening Process
Initial Admissions:After a name is selected from a
county waiting list, initial paperwork is requested. Once received at
the MSHDA/HA office (i.e. ready to brief), designated MSHDA staff or assigned
HA reviews the paperwork. If the applicant satisfies income eligibility
requirements, the designated HA performs the criminal activity and lifetime
sex offender registration screening for every adult member of the
household using the following tools: ICHAT, SOR and OTIS. A completed
Household Income, Asset, and Expense Declaration (MSHDA 1890) should be
completed and signed by each adult member of the household prior to the ICHAT
data base search.
To perform the screening, the designated HA compares the name, date of
birth, sex, and race of the adult applicant and any adult (age 18 and older)
members listed MSHDA 1890 against the ICHAT, SOR, and OTIS data bases. (HA or
staff may request the Compliance Enforcement Coordinator to assist in
verifying match information if there is a question or discrepancy as to MSHDA
information and the data that appears with the screening tool.) If the
criminal offense is for an item listed as one of the denials (see Chapter
V. Denials), the MSHDA employee or contracted HA sends the applicant a
MSHDA 1634b denying assistance and offering the applicant an opportunity to
review and dispute incorrect information.
Annual Re-examination: At annual re-examinations, a current
criminal activity screening must be conducted using the MDOC OTIS tool and MSP
SOR tool for each adult member of the household. If a screening reveals
criminal activity, follow the PPM,
Chapter XV. Terminations to determine if the
offense requires termination.
Interim Re-examination: Criminal activity and lifetime
sex offender registration screenings using ICHAT, OTIS, and SOR are required
for all new adult members of a household, including those who have
reached adulthood since the last re-exam was conducted.If a screening
reveals criminal activity, follow the PPM,
Chapter V. Denials to determine if the offense requires denial.
Searches for criminal records in another state require direct contact with
that state's criminal records repository. Contact the MSHDA Office of Housing
Voucher Program Policy Specialist for assistance.
Designated MSHDA employees will perform the criminal screening for
portability, fraud, and exception cases.
If the HA or staff person has reason to believe any assisted household
member has engaged in criminal activity outside of a standard screening
period, they may conduct an ICHAT, OTIS, or SOR Screening, or contact the
MSHDA's Compliance Enforcement Coordinator for assistance.
No Screening Match:If there is no criminal screening match, the screener writes
"screened, OK," and the current date on the first page of the MSHDA 1890 and
continues with the applicant/participant briefing. The MSHDA 1890 with
the screened notification is retained in the permanent non-purge section of
the MSHDA file.
Screening Match/Notification of Denial: If a match occurs which
indicates a criminal offense requiring a denial (mandatory or discretionary)
from the Voucher program, or indicates the person is a registered lifetime sex
offender, print the record and note the date and time. The HA
reviews the information and mails a MSHDA 1634b denying the applicant or new
family member participation in the program. A copy of the criminal
record must be enclosed with the MSHDA 1634b. An additional copy of the
criminal history and denial form must be mailed separately to the household
member named in the criminal history if said household member is not the head
of household. The applicant/family member has 10 days to provide additional
information to dispute the information if they believe an inaccurate record
exists or request an Informal Review. Upon receipt and review of that
information, the HA forwards the Informal Review request to their assigned
Resource Specialist. If the dispute does not resolve the reason for the
program denial, the HA should proceed with the informal review process.
If no paperwork is received from the tenant or household member to dispute
the match, the household's file is closed. Individuals may reapply for the HCV
program once the required amount of time has passed for the criminal offense
that resulted in the program denial (assuming the appropriate county waiting
list is open), unless the offense requires registration as a lifetime sex offender.
If any household member is subject to a lifetime sex offender
registration, they are NOT eligible for HCV rental assistance. If
the household member subject to lifetime registration is not the head of
household, and that denied household member permanently leaves the
household, the rest of the household may be eligible for assistance. The
family and landlord must sign the Disapproved Household Member(s) Addendum
(MSHDA 1636) certifying that the denied member cannot reside in the assisted
unit. If the denied member returns to the household, the household’s
assistance is denied/terminated. If the denied member is the sole
household member, their name must be removed from the waiting list.
f. Record Maintenance
Copies of initial screening reports (including initial screenings conducted for additions of adult household members to the household at a later time) and any other pertinent information regarding the screening reports will be destroyed once the purpose for which the record was requested has been accomplished including expiration of the period for filing a challenge to the PHA action. A copy of the first and last page of the MSHDA 1890 that has been used for recording criminal screening information prior to this policy change will be kept in the permanent section of the file. If necessary, criminal record information needed for appeals or special litigation should be kept until the purpose for which the record was requested has been accomplished, and then destroyed.
4. Appeals (Informal Reviews)
Applicants have the opportunity to dispute the accuracy and relevance of the
screening information by using the appeal (Informal Review) process. If an
appeal request is received prior to the appeal deadline, refer to Chapter
XXVI. Informal Reviews, Mediations, Informal Hearings for information
regarding the Informal Review process and for instructions.
5. Exchange of Information for Fugitive Felons or Parole/Probation Violators
MSHDA is required to comply with information requests from federal, state or
local law enforcement officers regarding possible fugitive felons and/or a
parole or probation violators. (PRWORA Act of 1996, Section 903 and
Section 27.) Such requests must be made to the MSHDA Compliance Enforcement
Coordinator. Upon completion of investigation into the requested matter, the
Compliance Enforcement Coordinator will supply to the requesting federal, state
or local enforcement officer the requested information which may include (1) the
current address, (2) Social Security number, and (3) photograph (if applicable)
of any recipient of assistance.
6. Suspected Criminal Activity Relative to HCV Program
Any suspected criminal activity relative to the HCV program whether it
involves clients, owners, or other individuals and any suspected criminal
activity (even if it does not involve the HCV program but is criminal activity
involving other federal or state assisted programs) you become aware of in the
performance of your job duties, is to be reported immediately to the Compliance
Enforcement Coordinator (if a HA) or to your immediate supervisor (if a MSHDA
employee).
7. Applicable Forms List
Form # |
Form Name |
| MSHDA 77 |
Supplemental Information |
| MSHDA 322 |
Section 8 Housing Choice Voucher Program Application |
| MSHDA 1634b |
Application Denial/Program Terminatio |
| MSHDA 1636 |
Disapproved Household Member Addendum |
| MSHDA 1890 |
Household, Income, Asset, and Expense Declaration |
Section F: Release of Information Forms
Effective: April 1, 2004
The information obtained after receiving signed Authorization to Release Information forms is confidential and extremely sensitive (i.e. wages, unemployment compensation, interest and dividends). Both HUD and MSHDA employees and/or contractual agents may be subject to penalties for unauthorized disclosure or improper use of the income information that is obtained from using these forms.
The release of information forms or certification must be signed by the head of household, spouse, and by each additional adult (age 18 and older) household member at the time of the initial eligibility determination and at least annually thereafter as a part of each interim and annual re-examination process. If a current household member turns 18 years of age prior to the next scheduled annual re-examination, execution of the certification forms can be postponed until the next interim or annual re-examination, whichever occurs first.
Failure of the applicant or participant to sign the consent forms constitutes grounds for denial of eligibility.
1. Authorization for Release of Information/Privacy Act Notice (HUD 9886)
- The HUD 9886 form is used to obtain the following information only:
- Wage and unemployment compensation from state wage information collection agencies (SWICAs).
- Salary and wage information from current and former employers.
- Unearned income from financial institutions.
- It also notifies the applicant/participant that Social Security Numbers (SSN's) are required and must be provided for all household members.
- This consent will expire 15 months from the date signed.
- Box 1 must be completed (stamped) with the Housing Specialist/Agent name, address, and date. Box 2 must be crossed out.
2. Applicant/Tenant Authorization, Certification, and Consent (MSHDA 158)
The MSHDA 158 form is used to meet HUD requirements and authorize release of Social Security Administration (SSA), Immigration and Naturalization Service (INS), FIA, and law enforcement agency information. This consent will expire 15 months from the date signed.
3. Income/Asset/Expense Documentation)
Note: Income/Expense verification requests may be combined with the Initial Request Verification if desired.
Review the Checklist (MSHDA 1792) and request income and expense verifications, based on the information provided, via the Original Request for Documents (MSHDA 53).
- Verifications cannot be dated more than 60 days prior to the voucher issuance date.
- Verifications cannot be dated more than 120 days prior to the effective date of the new contract.
4. Applicable Forms List
Form Number |
Name of Form |
| HUD 9886 |
Authorization for Release of Information/Privacy Act Notice |
| MSHDA 53 |
Original Request for Documents |
| MSHDA 158 |
Applicant/Tenant Authorization, Certification, and Consent |
| MSHDA 1792 |
Checklist |
Section G: Briefings
Effective: December 1, 2003
1. Preparation for the Briefing Session
- After an eligibility determination has been made, the Housing Agents (HAs) must conduct a briefing session with the applicant to issue the Housing Choice Voucher (HCV) and explain MSHDA and tenant responsibilities.
- The HA conducting the briefing session can choose to conduct the face-to-face briefing session to an individual or a group. A meeting place should be arranged taking into consideration the recipients of the HCVs and whether those persons will need reasonable accommodations.
- An invitation to the briefing session can be by telephone or mail. Sufficient notice should be given to the applicant in advance of the meeting to allow their attendance and participation. The notifying letter must include the following information:
- An explanation of topics to be discussed.
- The location and time of the session.
- The procedures individuals must follow to notify the HA that they are unable to attend.
- How to request reasonable accommodation.
- The consequences of non-attendance at the meeting.
- Reasonable Accommodations will be made for persons with a disability who require an advocate or accessible offices. A designee will be allowed to participate in the interview process, but only with permission of the person with the disability.
- The briefing session provides an opportunity to discuss the applicant's circumstances in greater detail, to clarify information which has been provided by the applicant, and to ensure that the information is complete. The session is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process, as well as to advise the family of other services or programs that may be available.
- The head of household is required to attend the briefing session.
- Missed Meetings: If an applicant fails to appear for their briefing session without prior approval of the HA, their application will be denied unless they request to be rescheduled prior to the end of the 14-day Informal Review period. Acceptable reasons for missing appointments are verified medical or family emergencies. If a meeting is missed, a denial letter is sent and an Informal Review offered.
2. Voucher Briefing Packet (MSHDA 145) Explained
All briefing sessions for new applicants must take place in person and issuance of the MSHDA 145 to each voucher recipient is mandatory. The voucher must be physically issued to the applicant as part of the briefing session. The HA must complete, sign, and date the briefing packet cover sheet. The applicant must also sign, acknowledging receipt of the packet. Retain the original for the applicant file.
Reminder: The voucher issuance, applicant signature, and HA signature dates must match the briefing packet dates.
The packet must contain the following items as listed on the front of the packet.
Note: Items 1-8 are already included; items 9-18 must be added.
- Reasonable Rent Test (MSHDA 37). For applicant to use to assist the HA in gathering rent comparables.
- Housing Discrimination Complaint (HUD 903). Discuss the availability of the complaint form in the event the applicant encounters discriminatory practices while searching for housing.
- Informal Review Flow Chart (MSHDA 43). Information provided per HUD.
- Informal Hearing Flow Chart (MSHDA 44). Information provided per HUD.
- Prohibited Lease Provisions (MSHDA 45). Information provided per HUD.
- Family Self-Sufficiency Application Cover Letter (FSS 322a). Information provided regarding the FSS Program.
- FSS Application (FSS 322). Discuss in detail.
- Voucher Information (MSHDA 146). Complete boxes A-G prior to the briefing session. Discuss all items on the information sheet in detail during this session, paying particular attention to assistance and rent portion information.
- Guidelines for Tenants (MSHDA 8). Discuss in detail.
- Owner/Landlord Information Packet (MSHDA 57). Discuss in its entirety. During the briefing session the applicant must complete parts G and H of the Rental Unit Information (MSHDA 51b). The HA must retain a copy (with parts G and H completed). Advise the applicant to return the MSHDA 51b when an eligible unit has been located so an inspection can be scheduled. Be sure to include/stamp the “return to” information at the bottom of the form prior to issuing the document at the briefing session. The applicant must be instructed to give the MSHDA 57 packet to potential landlords. The packet includes the Tenancy Addendum (HUD 52641-A). The applicant must advise the landlord that this addendum must be attached to their lease.
- Guidelines for Landlords (MSHDA 9). Discuss and advise applicant to share the brochure with prospective landlords.
- A Good Place to Live (HUD 593). Discuss in detail. Advise applicant of the smoke detector requirements (one detector on each level) for all units and emphasize defective paint requirements.
- Protect Your Family From Lead in Your Home (EPA 747-K-99-001). Refer to the HQS Manual (Section III, page 13) for the further information regarding this brochure.
- Participating Landlord Listing. To assist applicant in locating a unit, provide the landlords list and available MSHDA listings.
- Expanding Housing Opportunities Information. This information is provided for designated counties only.
- Voucher (HUD 52646). Complete the information at the top of the voucher prior to the briefing session: 1) Eligibility Size (not unit size); 2) Issue Date (briefing date); 3) Expiration Date (60 days from the briefing date); 5) Family Name; 7) MSHDA; 8) Name and Title of the HA. The applicant and HA must sign and date the voucher (6 and 9) during the briefing. The applicant must receive a copy of the voucher and a copy must be retained for the applicant file. Review all content of the voucher (i.e. family obligations).
- Utility Schedule (MSHDA 1793 (a-g). Attach the appropriate utility schedule for the applicable region. This is provided for applicant information regarding estimated utility costs. Refer to Appendix for more information.
- Fair Housing – It’s Your Right (HUD 1686). Information provided regarding applicant rights with respect to potential discrimination.
3. Other topics to discuss during briefing
Voucher Information Form (MSHDA 146) must be discussed in detail including an explanation of:
- Unit eligibility Size
- Payment Standards (PS)*
- Income Calculation
- Maximum Subsidy – how applied
- Explain Gross Rent versus Maximum Subsidy
- 40% Affordability Cap
- Initial Contract Requirements
- Maximum Gross Rent
- Portability
- Security Deposit -MSHDA does not pay – 1 ½ months limit.
*Reminder: The PS is based on the lesser of the unit size or the issuance size.
HQS Inspections
- Do not pay landlord until unit passes
- Rental Unit Information form (51b)
- One inspection at a time
- Notify when inspection is scheduled
- What the inspection covers
- Lead based paint issues
- Deficiencies Notice (MSHDA 105) date ASAP
- Range/microwave and refrigerator requirements
Voucher (HUD 52646)
- MSHDA 146
- Eligibility Size – how determined
- Family Composition
- Only residence; no double subsidy
- Family Obligations
- Voucher Expiration
Lease and Contract
- Landlord lease in effect
- Review prohibited provisions
- Explain that owner cannot live in unit
- Cannot rent from relatives
Informal Hearing/Reviews
- Explain deadlines to request
Section H: Expanding Housing Opportunities
Effective: March 1, 2009
Introduction
For counties designated by HUD as Metropolitan Fair Market Rent (FMR) areas, HUD through its SEMAP process, requires MSHDA to adopt and implement a written policy to encourage participation by owners of units located outside areas of poverty or minority concentration, inform voucher holders of the full range of areas where they may lease units, and supply a list of landlords or other parties who are willing to lease units or help families find units, including units outside areas of poverty or minority concentration. Ultimately the client makes the decision to stay in place or move to a non-concentrated area, provided all other Housing Choice Voucher (HCV) rules are met. This policy and MSHDA's Administrative Plan detail the actions MSHDA Office of Housing Voucher Program takes to encourage participation by owners of units located outside of areas of poverty or minority concentration.
1. Definition of a Concentrated Area
A small geographic area located within a larger metropolitan FMR area that is concentrated with poverty and/or minorities as determined from 2000 census data.
2. Minority and Poverty Concentrated Counties
Minority Concentration – Census tracts where 50% or more of the population were of the same ethnicity.
Poverty Concentration – Census tracts where 50% or more of the population had household incomes below $15,000.
The data reviewed identified 468 census tracts areas which contain a concentration of poverty and/or minorities in these counties:
Concentrated Counties
- Barry
- Bay
- Berrien
- Calhoun
- Cass
- Clinton
- Eaton
- Genesee
- Ingham
- Ionia
- Isabella
- Jackson
- Kalamazoo
- Kent
- Lapeer
- Livingston
- Macomb
- Marquette
- Mecosta
- Monroe
- Muskegon
- Newaygo
- Oakland
- Ottawa
- Saginaw
- St. Clair
- Van Buren
- Washtenaw
- Wayne
3. Owner Encouragement Documentation
Housing Agents encourage owners of units to participate in the HCV program especially when these units are located outside of concentrated areas. Methods to encourage participation include advertising, and formal or informal discussions with landlords, landlord associations, and rental referral companies or agencies. Agents must document the outreach efforts on the Owner Outreach Report (MSHDA 63) on a semi-annual basis and forward the Report to the Regional Manager responsible for SEMAP in April and October each year.
4. Maps/Website
During the face-to-face briefing, the Housing Agent must provide a hard copy of maps and/or post a large county map identifying concentrated areas. Participants are also informed of a website at www.michigan.gov/mshda. The participant can access the maps by going to this website and clicking on Renter Assistance, then Housing Choice Voucher Program, then Maps. The list of maps is arranged by county.
5. Characteristics of Area Outside of Concentrated Areas (MSHDA 65)
The Housing Agent assembles information about the characteristics of areas located outside of concentrated areas. The information identifies job opportunities, schools, transportation, and other services beneficial to families in the area. The Housing Agent documents this information on the (MSHDA 65) and provides the form to applicants attending the briefing session or to participants who are moving.
6. Rental Housing Suggestion List (MSHDA 64)
The Housing Agent prepares a list of owners willing to lease to HCV participants (or properties available for lease), and a current list of other organizations that will help families find units. The Rental Housing Suggestion List (MSHDA 64) contains the required information and is provided to the applicant during the briefing session or to participants who are moving. By adding an asterisk to a suggested unit or organization on the list, the Housing Agent demonstrates the suggested unit is located in an area outside of poverty or minority concentration; or the organization may be able to help locate such a unit.
7. Portability Option (MSHDA 146)
The Voucher Information (MSHDA 146) identifies the portability option. The HA explains how portability works.
8. Briefing Cover Sheet (MSHDA 145)
By signing the Briefing Cover Sheet (MSHDA 145), the applicant verifies receipt of map(s).
9. Analysis
MSHDA analyzes whether voucher holders experience difficulties in locating housing outside of concentrated areas. This analysis may include monitoring search times, whether voucher extensions were necessary, whether units did or did not meet HQS, etc.
MSHDA also gathers computer data to monitor whether initial contracts are executed outside of areas of poverty or minority concentration. If difficulties exist, MSHDA reviews the payment standards (PS) and determines whether it is appropriate to seek approval of exception payment standards (PS) amounts.
10. Applicable Forms List
Form Number |
Form Name |
| MSHDA 63 |
Owner Outreach Report |
| MSHDA 64 |
Rental Housing Suggestion List |
| MSHDA 65 |
Characteristics of Area Outside of Concentrated Areas |
| MSHDA 145 |
Briefing Cover Sheet |
| MSHDA 146 |
Voucher Information |
Section I: Issuance
Effective: February 2007
1. Background Information
The Fair Housing Act protects against discrimination in housing on the basis of handicap or familial status. To this end, occupancy standards have become more flexible. HUD no longer mandates the number of persons who may live in a certain sized unit, but rather offers instructional guidelines which are not intended to be conclusive. All Public Housing Agencies (PHA’s) must set reasonable occupancy standards which assist as many people as possible without causing overcrowding, or violating local health standards. Occupancy policies can no longer be so stringent as to prohibit the family from choosing the unit size they deem appropriate.
As a general rule, HUD guidelines provide occupancy policies that allow for two persons per bedroom as reasonable. However, the reasonableness of any occupancy policy is refutable, and compliance with the Fair Housing Act is not based solely on the number of people permitted in each bedroom. Therefore, other reasonable factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit must be considered. When HUD reviews occupancy cases and/or Fair Housing complaints to determine compliance with the law, the size and number of bedrooms, along with any other special circumstances, will be considered. Although occupancy determinations are more subjective, MSHDA’s Administrative Plan reflects the general requirements.
2. Unit Size
The Fair Housing Act inspired a flexible occupancy policy. The major emphasis is on individual circumstances and situations. Many factors must be considered when determining whether or not the unit size is adequate for a particular family. If appropriate and/or necessary to support a decision, detailed records must be maintained. See Background Information Section for more explanation.
MSHDA’s standard in determining the appropriate unit size is to provide at least one bedroom for every two individuals. However, both the Fair Housing Act and program regulations state that a family cannot be prohibited from renting a unit with fewer bedrooms than specified on their voucher. A thorough review and understanding of the information identified below is necessary when determining the appropriate unit and issuance size for a particular family.
3. General Unit/Issuance Size Factors
- No more than two persons are required to occupy a bedroom.
- Persons of different generations (i.e. grandparents, parents, children), persons of the opposite sex (other than spouses/couples), and unrelated adults are not required to share a bedroom.
- Two children of the same sex (regardless of age) must share the same bedroom for issuance size purposes.
- Couples living as husband and wife (whether or not legally married) must share the same bedroom for issuance size purposes.
- A live-in aide who is not a member of the family is not required to share a bedroom with another member of the household. Note: The need for a full time live-in aide must be documented with a Verification of Disability and/or Special Needs form (MSHDA 16). If a MSHDA 16 cannot be obtained, and individual circumstances warrant special consideration, a waiver from the Resource Specialist (RS) may be approved as outlined in Issuance Size Exceptions. Issuance of a bedroom for a live-in aide would only apply to aides who actually live in the unit and sleep there - one aide, around the clock care; not when there is an agency hired and different individuals assist for three, 8-hour shifts to provide the 24-hour care.
- HUD allows a live-in aide’s family members to reside in the unit provided that the occupancy by the live-in aide’s family does not overcrowd the unit, or create an undue financial burden on the family thereby requiring that MSHDA provide a larger payment standard. If this occurs, contact the assigned RS for guidance.
- Individual medical problems (e.g. chronic illness) sometimes require separate bedrooms for household members who would otherwise be required to share a bedroom. Documentation supporting the larger sized unit and related subsidy must be verified with a MSHDA 16. If a MSHDA 16 cannot be obtained and individual circumstances warrant special consideration, a waiver from the RS may be approved as outlined in Issuance Size Exceptions.
- In most instances, a bedroom is not provided for a family member who will be absent most of the time, such as a member who is away in the military. If individual circumstances warrant special consideration, a waiver from the RS may be approved as outlined in Issuance Size Exceptions.
- In addition to the number of bedrooms, the size of the unit and of the bedrooms should also be considered when evaluating the individual circumstances of the family.
- Considering the above factors, households with three people generally should not receive a voucher with more than three bedrooms. Conversely, three-person households should not be required to live in a dwelling with less than two bedrooms. By choice, a three-person household is permitted to live in a unit with fewer than two bedrooms.
4. Determining Family Issuance Size
When determining family issuance size, include all children expected to reside in the unit as members of the household. Examples include, but are not limited to, the following:
- Pregnant woman living alone: An applicant who claims pregnancy and who lives alone is qualified for a two-bedroom voucher. At the time the applicant’s name is pulled from the waiting list, if the child has not been born and an immediate determination of pregnancy cannot be determined, the applicant must submit a certificate/statement from a health professional verifying the pregnancy. Other acceptable verifications include completion of a MSHDA 16 form or a Supplemental Information form (MSHDA 77) by the HA who can observe the pregnancy. Issuance of an additional bedroom for a pregnant adult only applies to a single pregnant adult who lives alone. An additional bedroom cannot be issued for a couple who is expecting a child; or a couple with children who is expecting another child.
- Adoption: Children who are in the process of being adopted. The anticipated adoption must be confirmed by the adoption agency.
- Foster Children: Foster children residing in the unit along with families who are certified for foster care and are awaiting placement of a child(ren). Foster care participation can be verified in writing or by phone with the child placement agency via a MSHDA 77. If children are anticipated to occupy the unit within a reasonable period of time, they must be considered when determining the issuance size.
- Joint/Shared Custody Arrangements: In most instances children in joint/shared custody arrangements should occupy the unit at least 50% of the time. However, if individual circumstances merit special consideration, a waiver from the RS may be approved as outlined in Issuance Size Exceptions. The custody arrangement must be verified with the Friend of the Court or via the divorce decree/legal documents.
- Custody of Children in Process: Children whose custody is in the process of being obtained by an adult household member. Evidence that there is a reasonable likelihood that the child will be awarded to the adult (i.e. within three months) must be provided to actually receive a larger voucher. If evidence is not provided, a smaller sized voucher must be issued unless a waiver has been approved by the RS as outlined in Issuance Size Exceptions.
- Children Temporarily Absent from Household:
- Children temporarily absent from the home due to placement in foster care. At the time the family’s name is pulled from the waiting list, evidence of the reasonable likelihood of return to the household (i.e. within three months) must be provided by the appropriate regulating agency. If evidence is not provided, a smaller sized voucher must be issued unless a waiver has been approved as outlined in Issuance Size Exceptions.
- Children who are away at school, but live with the family during school recesses (i.e. meets the definition of an IRS dependent).
5. Voucher Issuance/Preferred Unit Size
1 Bedroom
1 adult, or couple with no children
2 Bedrooms
- Adult/couple who:
- require separate bedrooms, or
- has live-in aide
- In the above medical needs instances a MSHDA 16 is required.
- Adult/couple plus 1 child.
- Adult/couple plus 2 children of same sex.
- Woman living alone who:
- claims pregnancy with no other children.
3 Bedrooms
- Adult/couple:
- plus 2 children of opposite sex, or
- plus 3 children, or
- plus 4 children (2 boys and 2 girls), or
- with medical needs plus 1 child, or
- with medical needs plus 2 children of same sex.
- In the above medical needs instances, a MSHDA 16 is required.
4 Bedrooms
- Adult/couple:
- plus 4 or 5 children (3 of same sex), or
- with medical needs plus 2 children of opposite sex, or
- with medical needs plus 3 children.
- In the above medical needs instances, a MSHDA 16 is required.
6. Issuance Size Exceptions
- Prior written approval from the assigned Resource Specialist is required.
- The Determining Family Issuance Size guidelines and Voucher Issuance/Preferred Unit Size chart should assist in determining the appropriate bedroom issuance size. MSHDA will consider issuance size waivers based on the following:
- Chronic Illness - An individual with an ongoing health problem who requires at least part-time assistance on a regular basis.
- Pending Child Custody cases - Includes, but is not limited to, children in foster care who may be returning home, foster children, pending adoptions, etc
- Parental Custody Situations - children physically occupy the unit less than 50% of the time as documented by a divorce decree and/or verification from the Friend of the Court.
- Other individual circumstances.
- The family must request a waiver in writing within 14 calendar days and explain the need and justification.
- Extra bedrooms will not be allowed for the purpose of storing medical equipment. The HA should send a Family Size Subsidy Decrease (MSHDA 147) to the tenant in advance to notify them of this change before their next annual re-examination.
- Waivers must have prior written approval of the assigned Resource Specialist.
7. Undersized Units
If a family elects to occupy a unit that is smaller than the size listed on their voucher, the following provisions apply:
- The payment standard reflects the unit size.
- The utility schedule used must be for the actual bedroom size of unit/
- The unit must meet the 40% Affordability Test for news and moves.
- All other eligibility and housing quality standards criteria must be satisfied.
8. Oversized Units
If a family elects to occupy a unit that is larger than the size listed on their voucher, the following provisions apply:
- The payment standard reflects the voucher eligibility size.
- The utility schedule used must be for the actual bedroom size of unit.
- The unit must meet the 40% Affordability Test for news and moves.
- All other eligibility and Housing Quality Standards criteria must be satisfied.
9. Issuance Period
- Issue Vouchers for an initial period of 60 days.
- Income verifications must be dated within 60 days of the voucher issuance date.
- Identify the issuance/expiration dates on the voucher. The family must submit a Rental Unit Information (MSHDA 51b) form by the specified expiration date, unless an extension has been granted.
10. Voucher Extensions (60-120 days)
- Denied Voucher Extensions/Suspension: The HA must deny extension/suspension requests not in compliance with the above criteria.
Extension/Suspension denials require written notice to the family via the Application/Program Denial/Termination form (MSHDA 1634b). Use “Other” box and explain.
- Expired Voucher Extensions/Suspensions: Expired extensions/suspensions require written notice to the family via the MSHDA 1634b. Use “Expiration” box. HA’s may grant extensions of the initial 60-day voucher term for a maximum of 60 additional days (in two 30-day increments). Therefore, the initial term plus any extensions cannot exceed 120 days.
- Approved extensions require written notice to the family. Enter the extension deadline on the previously signed voucher (box 4). Forward a copy of the revised voucher to the family. Retain a copy for the MSHDA file.
- If the HA receives a verbal (documented on a MSHDA 77) or written extension request from a tenant prior to the initial voucher issuance deadline, extensions MUST be granted if the family:
- Provided verbal or written progress reports to the HA during the initial 60-day voucher issuance period; OR
- Provides a written extension request including verification of extenuating circumstances (such as death or illness) which prevented the family from finding a unit within the initial issuance period; OR
- Has other special requirements (e.g. a family member with disabilities needs an accessible unit or has many family members) which has made finding a unit difficult; OR
- Submitted a MSHDA 51b form, for a unit that is not yet available, but will be available prior to an approved extension expiration date (the MSHDA 51b identifies the available date); OR
- Found a unit which has been inspected by the HA and requires repairs to be completed. The landlord has repairs in process; however, the required repairs will not be completed by the original voucher expiration date; OR
- Received an enhanced (preservation/opt-out) voucher; OR
- Has unusual individual circumstances (i.e. good cause) as discussed with and approved by the RS in writing.
11. Voucher Extensions (beyond 120 days)
- Denied Voucher Extensions/Suspension: The HA must deny extension/suspension requests not in compliance with the above criteria. Extension/Suspension denials require written notice to the family via a MSHDA 1634b. Use “Other” box and explain.
- Expired Voucher Extensions/Suspensions: Expired extensions/suspensions require written notice to the family via the MSHDA 1634b. Use the “Expiration” box. Upon written tenant request received prior to the voucher issuance deadline (including approved extensions) AND written RS approval, the HA MUST grant a reasonable (usually 30 days) extension beyond 120 days if the family:
- Requests an extension as a reasonable accommodation to make the program accessible for a person with a disability, and documents the need; OR
- Has an enhanced (preservation/opt-out) voucher.
12. Voucher Suspensions
- MSHDA has discretionary authority to suspend the issuance period during the 120-day time allotment. Suspension means that the issuance period “stops” for a specified time (generally a maximum of 30 days) and later restarts until the family exhausts the 60/90/120-day time period.
- For example: a tenant submits a MSHDA 51b form on the 115th day. The suspension commences on the 116th day while the HA evaluates the proposed unit. If the unit cannot contract, the HA cancels the suspension. The tenant has five remaining days to submit another MSHDA 51b for an alternate unit.
- Do NOT allow suspensions for outgoing portability cases.
- Upon written family request prior to the voucher issuance deadline (including approved extensions) AND with written RS approval identifying the suspension period, MSHDA will 'suspend' the issuance period in the following situations:
- The family provides verification of extenuating circumstances (such as death or illness) which prevents the family from finding a unit within the present issuance period; OR
- The family submits a MSHDA 51b form identifying that the unit is not yet available, but will be available soon (the MSHDA 51b shows the available date); OR
- The HA inspected the unit and the unit requires repairs. The landlord has repairs in process; however, the landlord will not complete the required repairs by the original voucher expiration date; OR
- The family returns an executed MSHDA 51b form late in the extended issuance period. The HA may allow a suspension to follow up on the MSHDA 51b; OR
- The family has unusual individual circumstances (i.e. good cause) as discussed with and approved in writing by the RS.
- The HA must notify the family of any suspension approvals (including the suspension term) via the Application Status form (MSHDA 1634a). Use “Other” box and explain. For example: “MSHDA suspends your voucher issuance period until December 31, 2003.”
- Note the suspension period on the signed voucher. An updated voucher forwarded to the client is not necessary.
- A family whose issuance period expires must reapply to an open waiting list to be eligible for assistance.
13. Check Contract Effective Date
- Changes that occur during the period between issuance of a voucher and lease up may affect the family’s eligibility or share of the rental payment.
- The HA must reconfirm family composition and income at HAP Contract execution.
- If circumstances have changed, HA must re-verify and recalculate the family’s TTP.
- If circumstances have not changed (according to the family), new verifications are not required before signing the HAP Contract.
14. Tracking Voucher Issuance Periods
The HA must document all vouchers issued and all Rental Unit Information (MSHDA 51b) forms submitted for approval. This data will assist MSHDA and HUD in compiling information regarding market conditions across the state. To document vouchers issued and Rental Unit Information form submissions, the HA must record these events within the Elite database.
15. Processing the Voucher Issuance Activity
Processing a voucher issuance requires an open voucher slots in the HAs increment allocation.
- Since opening an issuance record will tie up a voucher slot in the HAs’ increments, HAs may want to record their issuance and expiration records during the same data entry session. This will require waiting until the applicant’s voucher issuance period expires or the applicant finds a unit before entering the information in Elite.
Refer to the Elite Manual for step by step procedures on how to complete data entry of a voucher issuance periods and receipt of Rental Unit Information (MSHDA 51b) forms.
16. Applicable Forms List
MSHDA Form # |
Name of Form |
| MSHDA 16 |
Verification of Disability and/or Special Medical Needs |
| MSHDA 51b |
Rental Unit Information |
| MSHDA 77 |
Supplemental Information |
| MSHDA 100 |
Verification of Medical Expenses |
| MSHDA 147 |
Family Size Subsidy Decrease |
| MSHDA 1634a |
Application Status |
| MSHDA 1634b |
Application Denial/Program Termination |
Section J: Denials
Effective: December 1, 2003
- Denials of Assistance to an applicant may occur when:
- The applicant fails to respond to initial correspondence when their name is pulled from the waiting list;
- The applicant fails to provide required documents;
- The applicant or family actions are unacceptable to MSHDA contracted agents or staff;
- The applicant fails the required screening(s);
- The applicant fails to sign required authorizations and consent forms;
- MSHDA denies or withdraws a voucher; or
- MSHDA refuses to enter into a HAP Contract.
- Refer to Policy and Procedures Manual (PPM) Chapter V, Denials for more information on denials.
- Informal Review procedures provide a means to resolve applicant disputes with MSHDA or if applicable, to correct errors. In all circumstances when a decision affects eligibility or assistance, families must receive notification of their right to an Informal Review. Informal Reviews apply only to applicants.
- See Chapter XXVI, Informal Reviews, Mediations, Informal Hearings, for more detailed information regarding the Informal Review process.
Section L: Applicable Forms List
MSHDA Form # |
Name of Form |
| EHR 119 |
Copy of Waiting List Page |
| FSS 322 |
Application for the Family Self-Sufficiency Program |
| FSS 322a |
Letter to participant regarding FSS |
| EPA-747-K-99-001 |
Protect Your Family From Lead In Your Home |
| HUD 593 |
A Good Place to Live! |
| HUD 903 |
Housing Discrimination Complaint |
| HUD 1686 |
Fair Housing, It’s Your Right |
| HUD 9886 |
Authorization for the Release of Information/Privacy Act Notice |
| HUD 52641A |
Tenancy Addendum, Section 8 Tenant-Based Assistance HCV Program |
| HUD 52646 |
Voucher |
| HUD 52665 |
Family Portability Information |
| MRP 1634 |
Moderate Rehabilitation Program Application Status |
| MSHDA 8 |
Guidelines for Tenants |
| MSHDA 9 |
Landlords Guidelines |
| MSHDA 16 |
Verification of Disability and/or Special Medical Needs |
| MSHDA 19 |
Permanent Documents Checklist |
| MSHDA 34 |
Adjustment Notification |
| MSHDA 37 |
Reasonable Rent Test |
| MSHDA 43 |
Informal Review Flow Chart |
| MSHDA 44 |
Informal Hearing Flow Chart |
| MSHDA 45 |
Prohibited Lease Provisions |
| MSHDA 51a |
Family Composition |
| MSHDA 51b |
Rental Unit Information |
| MSHDA 53 |
Original Request for Documents |
| MSHDA 53a |
Request for Original Documents |
| MSHDA 55 |
School Verification |
| MSHDA 57 |
Tenant and Owner/Landlord Section 8 Rental Assistance Information |
| MSHDA 63 |
Quarterly Owner Outreach Report |
| MSHDA 64 |
Rental Housing Suggestion List |
| MSHDA 65 |
Characteristics of Areas Outside of Concentrated Areas of County |
| MSHDA 77 |
Supplemental Information |
| MSHDA 100 |
Verification of Medical Expenses |
| MSHDA 103 |
Tenant Repayment Agreement |
| MSHDA 105 |
Inspection Deficiencies Notice |
| MSHDA 110 |
Missing Birth Certificate/Social Security Card Certification |
| MSHDA 145 |
Voucher Briefing Packet |
| MSHDA 146 |
Voucher Information |
| MSHDA 147 |
Family Size Subsidy Decrease |
| MSHDA 155 |
Application Status Update |
| MSHDA 158 |
Applicant/Tenant Authorization, Certification, and Consent |
| MSHDA 213 |
Citizenship Information Packet |
| MSHDA 214 |
Declaration of Section 214 Status |
| MSHDA 322 |
Section 8 Housing Choice Voucher Program Application |
| MSHDA 1630 |
Non-citizenship Notice/Termination |
| MSHDA 1634a |
Application Status |
| MSHDA 1634b |
Application Denial/Program Termination |
| MSHDA 1634c |
Eligible County Listing |
| MSHDA 1634d |
Cross Listing Notice |
| MSHDA 1636 |
Disapproved Household Member(s) Addendum |
| MSHDA 1791 |
Initial Request Verification |
| MSHDA 1792 |
Checklist |
| MSHDA 1793a-g |
Utility Schedule Region I-VII |