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Sponsored by the Texas Department of Housing and Community Affairs and Department of Housing and Urban Development

Under Contract with ICF Consulting

TDHCA TBRA Implementation Clinic

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TRAINERS

Phil Jones and Frank BangorICF Consulting

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CHDO Input TDHCA is in the process of evaluating how

the Department is working with CHDOs. We want your input--On your evaluation

please let us know what you think What type of Technical Assistance needs do you

have? Do you have an active Board or do they need help

with direction? Business Planning? What type of capacity building issues can you

project for the future?

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WHO ARE YOU?

Experience in Housing and CD6 Mo. 2 Years 5 Years 10+ Years

Experience in HOME

6 Mo. 2 Years 5 Years 10+ Years

HOME Knowledge and ExpertiseAwesome Pretty Good Not Bad Don't Ask!

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Who are you? Are you a unit of local government ? Are you a non-profit agency? Are you a PHA? Were you awarded Olmstead Set-aside

Funds to administer TBRA? How many have Section 8 experience? How many are learning this materials for the

first time?

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WHY ARE WE ALL HERE?

Information Advice Share Techniques Learn Together

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WHAT YOU CAN EXPECT

Too much information Brain overload!

Some surprises Some "I don't knows"

and "IOUs" from us Some questions to you

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Agenda HOME Materials/Handouts HOME TBRA Requirements

Eligible use of TBRA funds Eligible forms of assistance Eligible costs Property standards Eligible applicant

TBRA Program Monitoring Checklists for Program and Project

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Agenda (continued) Income Eligibility Calculation

Part 5 Definition Day 2 Other Federal Requirements

Affirmative Action, Fair Housing Lead Based Paint

TDHCA paperwork Access to Computer Set-ups and draws close outs

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HOME TBRA HOME TBRA RequirementsRequirements

Chapter 1Chapter 1

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What is TBRA TBRA is a rental subsidy that is administered

for TDHCA and can be used to help individual households afford housing costs Rent Utility costs Security deposits Utility deposits

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TBRA differs from Rental

There are several key differences between traditional rental housing and TBRA Helps individual household (not unit) TBRA assistance moves with family Level of subsidy based on income of household

and/or rent of the unit the household selects

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Eligible Recipients

·Units of General Local Government (UGLG)

Non-profits

Public Housing Authorities (PHA)

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Eligible Participants Property must meet Section 8 HQS PJ must develop occupancy standards

Section 8 HQS OR Higher local standards

Assure compliance with Lead-Based Paint Title X Regulations (Chapter 12)

At Occupancy and Annually.

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Eligibility Continued Tenants must be low-income

Prior to signing contract

Annually, tenant income must be re-examined Review source docs

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Olmstead Rental Assistance

Supreme Court interpreted Title II of ADA States to provide services

Texas response providing services to qualified disable individuals residing in institutions or at risk of institutionalized Desire to transition into community living (with

supportive services)

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Olmstead Eligible Participants

Qualified Disabled Individuals residing in institutions, which are Nursing facilities State mental retardation facilities Texas Dept. of Protective and Regulatory Services

institutions (for mental retardation) Community Intermediate Care Facilities (ICF/MR) State mental health facilities

Hospitalized 3+ over 180 days Hospitalized 12 or more months

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TBRA Chapter 3

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Steps Key steps:

Authorization in TDHCA Computer System Marketing Application intake Waiting lists Eligibility determinations Coupon issuance Request for unit approval Coupon Contract Lease execution and project set-up

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3 Eligibility Criteria Contract Administrators pre-application

criteria CA’s prescribed selection criteria Meet Income Limit Citizen or eligible status

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Eligible Citizen Status Affordability Requirements

Title IV -the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 limits federal assistance to “qualified aliens”

Interim guidance published in the Federal Register by the Department of Justice

HUD will develop guidance

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Application and Selection

Need a process for identifying and selection eligible applicants

Scoring Committee Clear intake and application process Screening plan Scoring

Waiting List yours PHA

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Application Intake Identified in the Program Design

Announcement-public marketing process Location-where and how apps are taken Timing

Continuing basis One time

Method of application pre-application interviewed

Method of Award first come-first served priorities

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Application intake Preferences

CA’s may not discriminate CA’s may establish priorities Samples

target population special needs living in substandard housing paying more than 50% income for rent and utilities involuntary displaced persons with disabilities

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Application intake Participation in a Self-Sufficiency Plan Application Selection-income eligibility

Part 5 definition for income eligibility Includes income and income from assets Chapter 14 and Income Guide

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Program Briefing CA to explain guidelines and rules

Rules for rent, security deposit,or utility deposit calculation

Rules for continuation or termination of assistance Rules for portability Rules on unit condition

HQS Lead Hazards

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Title X Part 35 Title X (Chapter 12)

Units built before 1978 with at least one child less than 6 years old

Notification Pamphlet Lead Release

Reduction Clearance Environmental Intervention Blood Lead Level

Check with Health Department

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Documents Issued at Briefing

TBRA HOME Rental Assistance Coupon (Form 1.04)

TBRA Request for Unit Approval (Form 1.02)

TBRA Lease Addendum (Form 1.03)

TBRA HOME Rental Coupon Contract (Form 14.07)

Lead-Based Paint Information Booklet (Appendix A-16)

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Notify applicants within 60 days

The amount of funds awarded to a selected applicant-a go

An applicant deemed ineligible must receive an explanation for the denial of funds-a no go

Can be denied due to lack of available funds remaining in TBRA contract-a no go

Conditional commitments – the notification must include an explanation- a maybe

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Subsidy model Assumes fixed Payment:

$XXX (approved rent for unit)

-$XXX (maximum PJ subsidy)

$XXX (tenant portion)

TDHCA generally pays difference between its payment standard and 30% of tenant’s adjusted income (TTP)Chapter 14

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Occupancy Standards Permitting persons of the opposite sex (other

than spouses) to have separate bedrooms

Permitting/requiring young children of the opposite sex (typically under the age of six) to share a bedroom

Not requiring different generations of the same sex to share a bedroom; or

Providing for less than two persons per living/sleeping area in the case of medical necessity.

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Subsidy and unit size Factors affecting assistance payment:

Family’s income Payment standard for each bedroom size AND Cost of housing and utilities

CA must set utility allowance schedule Estimate the average cost of utilities for typical

types of housing and various utilities and fuel sources

Include water/sewer, electric, gas and trash Telephone and cable T.V. NOT included

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Example Payment Standard $600

TTP minus $200

Subsidy amount $400

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Example Total Tenant Payment $200

Utility Allowance $75 minus

Tenant Contribution $125

Payment Standards $600 Tenant Contribution $125 Subsidy $475

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Example TTP $50 Utility allowance $75

Rent to owner $600 plus utility difference $25 paid to

tenant

Total subsidy $625

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Property Requirements

Location: The rental unit must be located in the service area

Housing Quality Standards (HQS): The property must meet minimum HQS as established by HUD and include Part 35 of the Title X requirements.

Other Rental Subsidies: The rental unit must not receive project-based rental subsidies. For example, the HOME rental coupon cannot be used in public housing or in units receiving Section 8 project-based subsidies

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Rent Standards HUD Established Payment Standard (FMR)

or HUD approved area-wide exception rent Unit Specific Exception rents as approved by

TDHCA limit to 10% of the payment standard for not more

than 20% of the TBRA units www.tdhca.state.tx.us

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Rent Standard The payment standard for a 2 bedroom unit in

Frankville,TX is $650-- If the CA needs to request an exception rent

to TDHCA,for 2 bedrooms--the maximum rent for a 2 bedroom is $715

The CA must assure that of the 100 TBRA Coupon Contracts issued, not more than 20 can have an exception rent (20%)

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Affirmative ActionCA must publish

A description of the TBRA program

The location at which applications will be accepted

Time period for which applications will be distributed and accepted

Deadline for receipt of applications

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Rental Unit Unit Selection Process

Unit Selection commitment letter and HOME Rental Assistance

Coupon

Time limits 60Days and exceptions

Unit approval Request for Unit Approval

Contractual terms Lease Addendum Rental Coupon Contract 12 month cap (can renew)

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Lease Terms Lease is between tenant and landlord

one year term

Owners’ lease must not contain prohibited lease provisions

CA must establish termination/non-renewal standards

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Ongoing Responsibilities

Participating households meet eligibility requirements,

Participating households are re-certified annually,

Rents and utility allowances are updated and calculated correctly,

Rent Reasonableness is established,

Rental units meet HQS and applicable building codes and standards

Budgets, reports, and recordkeeping are kept current and accurate

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PMC will review Compliance with rent restrictions

Compliance with income restrictions

Compliance with property standards

Compliance with other program requirements

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Chapter 15 Match Requirement

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MONITORING

Chapter 4

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Monitoring Objectives Track Program/Project Performance–

Ensure Timely Expenditure of HOME Funds

Document Compliance

Prevention of Fraud and Abuse

Ensure Ongoing Administrative Capacity

Identify Technical Assistance needs

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Monitoring TBRAProgram Files

Executed Contract and all correspondence with TDHCA

Program Design - letter of approval and documentation of performance on special preferences or Olmstead

Management Plan

Affirmative Marketing – Procedures, documentation of performance, and copies of materials used

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Program Files Tenant Selection Procedures

Utility Allowance Documentation

Payment Standards and Income Limits

Financial records – ledgers, bank statements, budget reconciliations

Match log and documentation

Lead paint related correspondence with local health department

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Project Files Rental Application

Verification of tenant priority status (special needs)

Income Verification Documentation

Asset Verification

Tenant Income Release Consent Form

Rent reasonableness documentation

Household Income Certification (HIC)

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Project Files continued Request for Unit Approval

Rent reasonableness documentation

HQS Inspection Booklet (passing)

Lead Hazard Notifications and Receipts and all relevant repair and clearance records

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Project File Continued Coupon

Coupon Contract

Lease and lease addendum

Re-certification documentation

Notes to the File

Tenant self-sufficiency plan and participation in the plan documentation

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Single Audit Submit Audit Certification within sixty (60) days

after fiscal year end

Every year whether audit required or not

Every year whether contract activity or not

If Audit is required, submit the Single Audit report within nine (9) months of fiscal year end or thirty (30) days after receipt of the report which ever is earlier.

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Monitoring Objectives Track Program/Project Performance–

Ensure Timely Expenditure of HOME Funds

Document Compliance

Prevention of Fraud and Abuse

Ensure Ongoing Administrative Capacity

Identify Technical Assistance needs

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Desk Review First step Examine reports and financial information Draw downs and match submission Gather additional information as needed

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Site Visit Collect info to:

Assess performance Assess compliance Determine adequacy of records

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HOW MUCH and How Long!

Types: Program Project Financial Program admin Other federal

Keep 5 years

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Completion of the following forms

Form 4.10 - Project File Monitoring Checklist

Form 4.11 – Financial Questionnaire Monitoring Checklist

Form 4.12 - Financial Compliance Monitoring Checklist

Form 4.13 - Federal Compliance Monitoring Checklist

Form 4.14 - Program Overview Monitoring Checklist

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Other Federal Requirements

Chapter 8 Affirmative marketing Chapter 9 Fair Housing Chapter 10 Accessibility Chapter 12 Lead-Based Paint

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AFFIRMATIVE MARKETING

Programs must adopt affirmative marketing procedures Informing the public, owners and tenants about

Fair Housing and housing opportunities Assessing efforts and taking corrective action

when necessary Keep records of marketing efforts and

materials Affirmative Marketing report available to

public Record complaints

page 12-2

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FAIR HOUSING ANDEQUAL OPPORTUNITY

Applicable laws: Title VI of Civil Rights Act of 1964 The Fair Housing Act E.O. 11063 - Equal Opportunity in Housing Age Discrimination Act of 1975

Cannot discriminate on the basis of race, color, religion, sex, national origin, handicap, familial status or age

page 12-1 to 12-2

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Accessibility Handicapped accessibility

Americans with Disabilities Act Fair Housing Act Section 504 requirements

Requirements apply to programs and projects

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SECTION 504

Prohibits discrimination on the basis of handicap Four components:

(1) program accessibility

(2) employment accessibility

(3) administrative requirements

(4) removal of physical barriers

page 12-4

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Match Basics Based on Performance Statement, the CA

may be required to match 25% of HOME funds drawn down for project costs Match must be a permanent contribution to the

HOME Program

Match liability must be satisfied and contributed at draw requests

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Match Supportive Services

Services must be provided to residents of HOME-assisted units

Services must be: Paid for with non-federal funds Provided during affordability period Necessary for independent living OR required in

self-sufficiency program

Match credited when services are provided

STANDARDS

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Match-Supportive Services

Supportive Services examples: Case Management Mental Health Services Assistance with Tasks of Daily Living Substance Abuse Treatment and Counseling Day Care Job Training

STANDARDS

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Cannot be paid with Federal funds Direct costs limited to salary costs and costs

of materials directly related to services NEVER overhead costs

STANDARDS

Qualifications of Match

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TBRA Lead Requirements

Notification Disclosure Pamphlet Notice of evaluation

Evaluation Visual assessment as part of HQS

Reduction Paint stabilization Safe Work Practice Clearance

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TBRA Lead On-going Maintenance

annual visual inspection as part of HQS

Environmental Intervention Blood Lead Levels Notify Public Health agencies when they are

notified of an EIBLL child Risk assessment must be performed Work completed Interim Controls Clearance

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Common Challenges

Communicating with owners Monitoring owner compliance Retaining owners in the program Meeting notification/recordkeeping

requirements Meeting ongoing maintenance requirements Relocating residents when necessary

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Lead Based PaintLead Based Paint

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TBRA Requirements

Approach

Notification

Evaluation

Reduction

Ongoing MaintenanceEIBLL Requirements

Identify and Address Deteriorated PaintYes

Visual Assessment

Paint Stabilization

Safe Work Practices and ClearanceYes

Yes

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Lead Based Paint Safe Work Practice

Followed at all times and trained Occupant Protections Safe Work Practice Exceptions

Clearance visual and dust testing

On-going maintenance Texas Environmental Lead Reduction Rules

in addition to Title X

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Ongoing Maintenance

Applies when relationship is ongoing Requires annual visual assessment Identified hazards must be fixed safely Clearance is required Note: Reevaluation is required for interim

controls

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Ongoing Maintenance Establish procedures to track and document:

New children under age 6 Ongoing maintenance to control hazards Periodic inspections (including visual assessment) Inspection findings corrected

Maintain required records

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EIBLL Requirements

Share and compare data quarterly When report of EIBLL child is received:

Verify and report to health department Conduct risk assessment and notify occupants Perform interim controls or abatement Conduct clearance

Reference Manual Chapter 5

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Key Program Activities: TBRA

Application Unit inspection Inspection findings corrected Execution of agreement and rental

documents Ongoing responsibilities

Reference Manual Chapter 5 Exhibit 5-2