To: Contra Costa County Housing Authority Board of Commissioners
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Report Title: ADOPT AMENDMENTS TO THE ADMINISTRATIVE PLAN OF THE HOUSING CHOICE VOUCHER PROGRAM IN RESPONSE TO HUD’S UPDATES OF SECTIONS 102 AND 104 OF THE HOUSING OPPORTUNITIES THROUGH MODERNIZATION ACT OF 2016 (HOTMA) AND THE VIOLENCE AGAINST WOMEN’S ACT
☐Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Amendments to the Administrative Plan of the Housing Choice Voucher Program in response to HUD’s updates of Sections 102 And 104 of the Housing Opportunities Through Modernization Act of 2016 (HOTMA) and the Violence Against Women Act.
BACKGROUND:
The U.S. Department of Housing and Urban Development (HUD) issued Initial Guidance in the Federal Register on October 24, 2016, announcing sweeping changes in the Public Housing and Housing Choice Voucher Programs. At that time, only a fraction of the changes announced by HUD were implemented immediately. Many changes were not implemented pending further legislative review and policy development. Since then, HUD has been slowly releasing parts of the changes as they became ready. On July 18, 2023, this Board approved the changes to Section 103 of HOTMA that made significant changes regarding income limits for the Public Housing program and policies for families who exceed the “over-income” limit after the 24-month grace period.
The changes being implemented in Section 102 and 104 of HOTMA are some of the most extensive changes made to the Housing Choice Voucher and Public Housing programs in over 10 years. These changes are being implemented to modernize the rental assistance programs and bring them in line with societal norms of today. Moreover, HUD is making changes to the deductions permitted in the calculation of rent and implementing restrictions on participation in the program for households with excessive wealth. The changes are transformative to the rental assistance program and have resulted in extensive changes being proposed for the Housing Choice Voucher Program Administrative Plan.
In 2024, HACCC staff brought many of the HOTMA changes to the Board for public hearing and approval. To date, all HOTMA updates to the Administrative Plan have been made and are being implemented in pieces by HUD. HACCC accommodated this partial role out of the HOTMA changes by invoking a two-tiered Admin Plan whereby actions not implemented yet would refer to the Administrative Plan approved by the Board in December of 2022 while new HOTMA changes that are implemented appear in the current version and become active.
Despite the fact that staff have implemented extensive changes to the Administrative Plan in response to HUD’s updates of Section 102 and 104 of HOTMA, some edits continue to be made to the language, including changes to the Violence Against Women’s Act guidelines. The HOTMA changes were discussed by the Resident Advisory Board (RAB) on October 24, 2024, and approved by the RAB on November 6, 2024, as part of the initial adoption of the changes and public hearings were held regarding these changes on July 9 and December 3, 2024. This action by the Board is to approve the additional edits made to the Administrative Plan since the substantial changes were made available for public comment in 2024. The following changes were made to the Housing Choice Voucher Program Administrative Plan as it pertains to HACCC Policy:
In addition to any grammatical changes, edits were made to the standard HUD language in the plan that introduces the subject matter. These are not policy changes but regulatory edits from the Code of Federal Regulations. The following changes were made to the Housing Choice Voucher Program Administrative Plan as it pertains to HACCC Policy:
• Added language addressing additional protections provide by the State of California for access to Fair Housing;
• Added Large-Print format as a reasonable accommodation for disabled persons;
• Aligned Fair Housing LEP accommodations with the County of Contra Costa’s guidelines;
• Pursuant to HOTMA, expanded the definition of Family to include a youth between 18 and 24 years of age who has left or will leave Foster Care;
• Added and amended language regarding Violence Against Women’s Act pursuant to HOTMA changes and HUD guidelines including prohibiting the denial of admission to an otherwise qualified applicant on the basis or as a direct result of the fact that the applicant is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking;
• Added Public Housing residents who are determined to be in need of a transfer for VAWA protection purposes to the list of Special Admissions to the HCV program;
• Adding language prioritizing VAWA-related Emergency Transfers for participant families above all other transfer requests;
• Clarified how to calculate the imputed income from an asset which is calculated by multiplying the net cash value of the asset (found by deducting reasonable costs that would be incurred in disposing of the asset from the market value), by the HUD-published passbook rate;
• Clarified that HACCC will accept self-certification of completion of repairs. Photos or video confirmation is acceptable to confirm repairs in lieu of reinspection where necessary;
• Added language that HACCC shall terminate a family’s assistance if the family revokes consent for the HACCC to collect information from financial institutions;
• Removed restrictive language for documentation needed to verify VAWA claims;
• Increased the number of slots available for Homeownership Assistance Vouchers from 20 to 35;
• Added a priority for families who are part of a public housing redevelopment action to participate in the Homeownership Voucher Program;
• Added language to clarify that, for homeownership, HACCC shall inspect the unit prior to approval of the sale to ensure compliance with HQS or other inspection standards adopted by HUD;
• Removed language that indicated HACCC would inspect homeownership units annually;
• Removed language that implied that HACCC does not have the discretion to exclude any of the listed homeownership expenses or to add any additional items;
• Added denial of a reasonable accommodation and termination from the FSS Program as acceptable reasons for a family to be accorded an informal hearing;
• In flagrant situations of Program fraud or abuse, HACCC shall consult with the HUD Field Office and regional OIG Special Agent in Charge (SAC) to determine whether it will refer the matter to the state or local district attorney to pursue criminal fraud charges;
• Clarified that HACCC generally will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family or if HACCC, in consultation with HUD and local law enforcement, determine to pursue criminal charges in connection with the conduct and the amounts owed;
• Reemphasized security protocols in protecting the identity of victims of VAWA, Domestic Violence, Dating Violence, Sexual Assault, or Stalking.
• Updated all mandatory forms related to VAWA including HUD Forms 5380, 5381, 5382;
• Updated the list of PBV properties that are being set aside for referrals from the County’s Coordinated Entry System as a result of a homeless requirement;
• Added language regarding RAD/Section 18 blends with regards to public housing conversions and how these new provisions facilitate a PHA’s ability to complete these conversions with greater flexibility from HUD;
• Added language and adopted the provisions of the new RAD Supplemental Notice 4C that guides the RAD Program and incorporates the changes adopted in the RAD/Section 18 blends;
• Included language that specifies that relocation benefits required of RAD projects extend to residents who are part of a Section 18 demolition and disposition,
• Updated the Glossaries of the Administrative Plan
• Updated the Appendix of HOTMA which specifies the items being modified or implemented by the latest changes announced by HUD.
The proposed changes to the Administrative Plan are too extensive to be attached. A complete copy of the proposed Administrative Plan is available for review at HACCC’s main office and on HACCC’s website.
FISCAL IMPACT:
No direct financial impact.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt the amendments to the Administrative Plan of the Housing Choice Voucher Program in response to HUD’s updates of Sections 102 And 104 of the Housing Opportunities Through Modernization Act Of 2016 and the Violence Against Women Act, HACCC will be out of compliance with HUD requirements. HUD may also impose additional sanctions.