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:

If the voucher is for a special program with a separate code, pull names from those special program waiting lists for the county.

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2. Income Targeting Requirements
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3. Waiting List in EHS
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4. Initial Contacts with the Applicant
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5. Income Limit Eligibility
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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
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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.

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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.

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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.

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4. Spouse
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5. Co-Head
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6. Dependent
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7. Disabled Person

The definition of a disabled person is a person who:

  1. 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.
  2. 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.

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8. Elderly Person
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9. Emancipated Minor
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10. Foster Care/Children

For purposes of determining the appropriate household size:

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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.

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12. Full Time Live-In Aide
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13. Adding New Members
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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
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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
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2. Certification of Citizenship
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3. Documentation Requirements
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4. Prohibition of Assistance to Non-Citizen Students
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5. Deferral, Denial, or Termination of Assistance

Denials and Terminations

Deferral

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6. EHS Entries for Calculation of Prorated Assistance

Alien Registration Number (ARN)

Family Subsidy Status Codes under Non-citizen Rule

Explanation of status codes:

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7. MSHDA/File Responsibilities for New Applicants

Immigration and Naturalization Service Response

Positive Response - Confirmation of eligibility provided

Negative response - Non-eligible based on INS response

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8. Portability

Portability Out Records

Portability In Records

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9. Definitions
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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
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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:

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:

  1. Birth Certificate
  2. Hospital Record
  3. Affidavit of Parentage
  4. Form DD-214 (Veterans Only)
  5. Passport
  6. Cradle Roll
  7. Baptism Record
  8. Naturalization Certificate
  9. Letter from local government (of birth location) identifying why a certificate is not available
  10. Third-Party Verification of birth (i.e. letter from Social Security Administration [SSA])
  11. Green Card
  12. United States passport
  13. Resident alien card
  14. Social Security card (if it contains the individual’s name and identifies the date of birth)
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2. Social Security Number
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3. Alternate Identification Number (AID)
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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.

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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
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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:

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:

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.

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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).

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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
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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)
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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.

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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).

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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
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Section G: Briefings

Effective: December 1, 2003

1. Preparation for the Briefing Session
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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.

  1. Reasonable Rent Test (MSHDA 37). For applicant to use to assist the HA in gathering rent comparables.
  2. Housing Discrimination Complaint (HUD 903). Discuss the availability of the complaint form in the event the applicant encounters discriminatory practices while searching for housing.
  3. Informal Review Flow Chart (MSHDA 43). Information provided per HUD.
  4. Informal Hearing Flow Chart (MSHDA 44). Information provided per HUD.
  5. Prohibited Lease Provisions (MSHDA 45). Information provided per HUD.
  6. Family Self-Sufficiency Application Cover Letter (FSS 322a). Information provided regarding the FSS Program.
  7. FSS Application (FSS 322). Discuss in detail.
  8. 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.
  9. Guidelines for Tenants (MSHDA 8). Discuss in detail.
  10. 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.
  11. Guidelines for Landlords (MSHDA 9). Discuss and advise applicant to share the brochure with prospective landlords.
  12. 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.
  13. 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.
  14. Participating Landlord Listing. To assist applicant in locating a unit, provide the landlords list and available MSHDA listings.
  15. Expanding Housing Opportunities Information. This information is provided for designated counties only.
  16. 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).
  17. 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.
  18. Fair Housing – It’s Your Right (HUD 1686). Information provided regarding applicant rights with respect to potential discrimination.
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3. Other topics to discuss during briefing

Voucher Information Form (MSHDA 146) must be discussed in detail including an explanation of:

  1. Unit eligibility Size
  2. Payment Standards (PS)*
  3. Income Calculation
  4. Maximum Subsidy – how applied
  5. Explain Gross Rent versus Maximum Subsidy
  6. 40% Affordability Cap
  7. Initial Contract Requirements
  8. Maximum Gross Rent
  9. Portability
  10. 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

  1. Do not pay landlord until unit passes
  2. Rental Unit Information form (51b)
  3. One inspection at a time
  4. Notify when inspection is scheduled
  5. What the inspection covers
  6. Lead based paint issues
  7. Deficiencies Notice (MSHDA 105) date ASAP
  8. Range/microwave and refrigerator requirements

Voucher (HUD 52646)

  1. MSHDA 146
  2. Eligibility Size – how determined
  3. Family Composition
  4. Only residence; no double subsidy
  5. Family Obligations
  6. Voucher Expiration

Lease and Contract

  1. Landlord lease in effect
  2. Review prohibited provisions
  3. Explain that owner cannot live in unit
  4. Cannot rent from relatives

Informal Hearing/Reviews

  1. Explain deadlines to request
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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.

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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

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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.

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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.

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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.

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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.

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7. Portability Option (MSHDA 146)

The Voucher Information (MSHDA 146) identifies the portability option. The HA explains how portability works.

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8. Briefing Cover Sheet (MSHDA 145)

By signing the Briefing Cover Sheet (MSHDA 145), the applicant verifies receipt of map(s).

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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.

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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
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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.

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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.

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3. General Unit/Issuance Size Factors
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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:

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5. Voucher Issuance/Preferred Unit Size

1 Bedroom

1 adult, or couple with no children

2 Bedrooms

  1. Adult/couple who:
    1. require separate bedrooms, or
    2. has live-in aide
  2. In the above medical needs instances a MSHDA 16 is required.
  3. Adult/couple plus 1 child.
  4. Adult/couple plus 2 children of same sex.
  5. Woman living alone who:
    1. claims pregnancy with no other children.

3 Bedrooms

  1. Adult/couple:
    1. plus 2 children of opposite sex, or
    2. plus 3 children, or
    3. plus 4 children (2 boys and 2 girls), or
    4. with medical needs plus 1 child, or
    5. with medical needs plus 2 children of same sex.
  2. In the above medical needs instances, a MSHDA 16 is required.

4 Bedrooms

  1. Adult/couple:
    1. plus 4 or 5 children (3 of same sex), or
    2. with medical needs plus 2 children of opposite sex, or
    3. with medical needs plus 3 children.
  2. In the above medical needs instances, a MSHDA 16 is required.
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6. Issuance Size Exceptions
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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:

  1. The payment standard reflects the unit size.
  2. The utility schedule used must be for the actual bedroom size of unit/
  3. The unit must meet the 40% Affordability Test for news and moves.
  4. All other eligibility and housing quality standards criteria must be satisfied.
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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:

  1. The payment standard reflects the voucher eligibility size.
  2. The utility schedule used must be for the actual bedroom size of unit.
  3. The unit must meet the 40% Affordability Test for news and moves.
  4. All other eligibility and Housing Quality Standards criteria must be satisfied.
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9. Issuance Period
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10. Voucher Extensions (60-120 days)
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11. Voucher Extensions (beyond 120 days)
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12. Voucher Suspensions
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13. Check Contract Effective Date
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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.

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15. Processing the Voucher Issuance Activity

Processing a voucher issuance requires an open voucher slots in the HAs increment allocation.

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.

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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
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Section J: Denials

Effective: December 1, 2003

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