To: Contra Costa County Housing Authority Board of Commissioners
From: Joseph Villarreal, Executive Director
Report Title: PUBLIC HOUSING AGENCY FIVE YEAR PLAN FOR FY2025-2030 AND ANNUAL PHA PLAN FOR FY2025 PUBLIC HEARING
☐Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
OPEN the public hearing for the Housing Authority’s annual PHA Plan for fiscal year 2025 and Five Year Plan for FYs 2025 -2030, RECEIVE testimony, and CLOSE the public hearing.
ADOPT Resolution No. 5266 titled the "PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications approving HACCC’s Annual Plan for fiscal year 2025-2030, including revisions to the Admissions and Continued Occupancy Plan and the Housing Choice Voucher Administrative Plan.”
BACKGROUND:
Any local, regional or state agency that receives funds to operate a federal public housing or housing choice voucher (Section 8) program must submit a Public Housing Agency (PHA) Plan. The PHA Plan is a template that outlines public housing agency policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan: the Five-Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year, and the Annual Plan, which is submitted to HUD every year.
The Five-Year Plan describes the agency’s mission and the long-term goals for achieving that mission over the subsequent five years. The Annual Plan provides details about the PHA’s current programs and the resident population served, as well as the PHA’s strategy for addressing the housing needs of currently assisted families and the larger community. The Annual Plan also serves as the PHA’s yearly request for grants to support improvements to public housing buildings (through the Capital Fund Program).
As required by HUD, Housing Authority (HACCC) staff provided public notice of this hearing in the East, West and Contra Costa Times on October 14th, 15th and 16th, 2024. Staff met with the agency’s Resident Advisory Board (RAB) on October 3, October 10, 17, and 24 and lastly on November 6, 2024 to discuss the proposed Plans. The RAB approved the proposed changes to the Annual Plan and the Five-Year Plan at the November 6, 2024 meeting.
The following sections discuss the major changes proposed by staff to the Five Year and Annual Plans, its elements and to HACCC’s policies.
Public Housing
The proposed changes to HACCC's Public Housing Admissions and Continued Occupancy Plan (ACOP) are as follows:
• Chapter 2 - Reasonable Accommodation - Updates to our Reasonable Accommodation forms, processes and procedures.
• Chapter 10 - Changes in Pet Fees and Deposits:
o Previously we had a $100 non-refundable pet fee and a $150 refundable pet deposit.
o 10-III.B. We are removing the $100 non-refundable pet fee and increasing the pet deposit to a flat amount of $250 that can be broken down into payments.
o 10-III.C. Increasing Pet Waste Removal waste from $10 to $25
o These changes will reflect in our new pet policy and pet request forms.
• Chapter 16 - Corrections made to the VAWA exhibits 16-1 and 16-3.
o Change from “sample” notice to “notice” and replace PH (public housing) to HACCC.
Capital Fund
The Capital Fund program provides PHAs with annual funding from HUD for public housing development, financing, and modernization as well as for management improvements and security costs. Capital fund dollars cannot be used for luxury improvements, direct social services, costs funded by other HUD programs, or any other ineligible activities as determined by HUD on a case-by-case basis. PHAs must report annually on how they plan to use their capital funds.
The proposed PHA Plan shows ongoing and planned capital fund activity. The following projects are among the proposed for HACCC’s Federal Fiscal Year (FFY) 2023 & 2024 capital fund grants:
• $1,125,000 for Electrical Infrastructure Replacement for Alhambra Terrace public housing development.
• $750,000 for roofing and HVAC at Vista Del Camino public housing development.
• $270,000 for boiler replacement at Kidd Manor.
• $226,000 for unscheduled and emergency unit modernization and site improvements at various properties.
• $139,000 for repair and replacement of concrete walks and driveways at various properties.
• $137,000 for non-routine maintenance repairs (ordinary maintenance items such as window and flooring replacement or electrical repair where the scale of damage is beyond the scope of day-to-day maintenance) at various properties.
• $62,000 for new appliances at various properties.
Housing Choice Voucher
In addition to numerous grammatical changes, edits were made to the standard HUD language in the plan that introduces specific subject matter. These are not policy changes but regulatory edits from the Code of Federal Regulations. Due to delays in implementation of HUD’s Housing Through Modernization Act of 2016 (HOTMA), the changes implemented in the 2023 Administrative Plan could not go into effect until HUD announces the new HOTMA compliance date. Accordingly, language was added to the latest Administrative Plan that clarifies that until the HOTMA compliance date is announced, HACCC will be complying with the Administrative Plan approved by the Board on December 13, 2022. The following proposed substantial changes were made to the Housing Choice Voucher Program (HCV) Administrative Plan (Administrative Plan) as it pertains to HACCC Policy:
• In 2023, the Administrative Plan was updated to incorporate all HOTMA Section 102 and 104 changes. Since then, HUD has suspended implementation of some changes until January, 2026. Accordingly, language has been added to temporarily restore language from the Administrative Plan approved 12/13/2022 pending implementation of HOTMA changes pursuant to HUD’s implantation date.
• Modified the language in the Administrative Plan regarding when revisions to the Payment Standard are effective after HUD releases new Fair Market Rents
• Added language that the Payment Standard will be changed at the family’s next Interim or Annual Reexamination that has an effective date on or after the effective date of the revised Payment Standard.
• Made changes to the Admin Plan language regarding when Interim Certifications are completed to reflect that all reported changes in income or household composition will result in an Interim Certification being completed regardless of whether it meets the HUD $200 threshold indicated in the new HOTMA changes.
• Added language that states if the payment standards increase and the family’s Annual reexamination has been completed with the previous payment standard with an effective date on or after the release of the new Fair Market Rents by HUD, then HACCC shall determine if the family is now rent burdened and process an Interim to apply the new Payment Standard.
• Modified Admin Plan Language to update HACCC’s Violence Against Women Act (VAWA) to include changes made by HUD during the past year so that HACCC is update to date with policy and forms.
• Added language to clarify the Project-Based Voucher Vacancy Loss policy. Added specific language about how to calculate the vacancy period and when and under what circumstances the family’s security deposit is deducted from the vacancy loss calculation.
• Removed language that stated HACCC would administer a separate waiting list for the Mainstream Program.
• Added language to the Administrative Plan that incorporates mandatory waivers approved for all Mainstream Program participants. Specifically, that initial vouchers would be issued for 120 Days and any voucher extensions would be for a minimum of 90 days.
A complete copy of the proposed annual PHA Plan, Administrative Plan and ACOP are available for review on the HACCC’s website: www.contracostahousing.org <http://www.contracostahousing.org>. In addition, copies of the plans are available for review at HACCC offices.
Attached to this Board Order are the HUD-required documents for submission.
FISCAL IMPACT:
No direct financial impact.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to approve the PHA Annual and Five-Year Plans, HACCC will be out of compliance with HUD requirements and may not receive any funding via HUD’s Capital Fund program until the PHA Annual and Five-Year Plans have been submitted to, and approved by, HUD. HUD may also impose additional sanctions beyond the withholding of Capital Fund funding.