Slide #1 © 2007 Nan McKay & Associates Bill Caltabiano Portability © 2007 Nan McKay & Associates.
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Transcript of Slide #1 © 2007 Nan McKay & Associates Bill Caltabiano Portability © 2007 Nan McKay & Associates.
Slide #1©2007 Nan McKay & Associates
Bill Caltabiano
Portability
©2007 Nan McKay & Associates
Slide #2©2007 Nan McKay & Associates
Learning Objectives
Portability requirements and prohibition The effect of portability requirements on decision-
making The need for pre-portability counseling Trouble spots for IHAs Trouble spots for RHAs Portability tracking
Slide #3©2007 Nan McKay & Associates
Overview Portability definition:
• Process of leasing or purchasing a dwelling unit with voucher tenant-based assistance outside of the jurisdiction of the PHA that initially issues the family its voucher
Slide #4©2007 Nan McKay & Associates
Portability Terms
Initial PHA Receiving PHA Jurisdiction Absorb
Administer Living within jurisdiction Admission to the program
Slide #5©2007 Nan McKay & Associates
Portability
The family may move anywhere in the jurisdiction of a PHA with a tenant-based assistance program
Slide #6©2007 Nan McKay & Associates
Portability
Family may not move under portability if they moved out of the assisted unit in violation of lease• VAWA: Overriding law that creates an
exception……
Slide #7©2007 Nan McKay & Associates
Portability
Families in compliance with other lease requirements may move:• “in order to protect the health or safety of an
individual who is or has been the victim of domestic violence, dating violence, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted dwelling unit.”
Slide #8©2007 Nan McKay & Associates
Residency Restriction
Special requirements for families where neither head or spouse had a legal residence in jurisdiction of initial PHA at time of original application
Slide #9©2007 Nan McKay & Associates
Residency Restriction
Following applies during 12 month period from admission . . . • Family may lease unit anywhere in IHA
jurisdiction• Family does not have a right to portability
Initial PHA may allow portability during this period but RHA must agree
Slide #10©2007 Nan McKay & Associates
Effect of Residency Restriction
Family lives in Charleston, applies for Jacksonville’s program, is placed on Jacksonville’s waiting list
While on list, family moves to Jacksonville and resides there when final eligibility is determined
Where may family reside for the first year?• Only in Jacksonville, unless
both IHA and RHA agree to allow the port
Slide #11©2007 Nan McKay & Associates
Where Family May Move Receiving PHA must provide housing services for
the family, if they have a tenant-based assistance program• Families limited to areas with a PHA with a tenant
based program• If more than one PHA in area, IHA may designate the RHA
Slide #12©2007 Nan McKay & Associates
Income Limit Restrictions New Admission
Applicants must be income eligible in area of initial lease-up
Slide #13©2007 Nan McKay & Associates
Income Limit Restrictions New Admission
If PHA jurisdiction has more than one income limit area, must use the highest income limit area to determine eligibility for issuing voucher
Must use the actual income limit where the family leases unit to qualify for admission
Slide #14©2007 Nan McKay & Associates
Multiple Income Limit Areas
Where may family lease-up? Family’s income: $13,400
• Atlanta • Boston• Cody• Denver
Atlanta$12,500
Boston$15,000
Cody$12,000
Denver$13,500
Slide #15©2007 Nan McKay & Associates
Income Limit Restrictionsfor Participants
Participants who exercise portability are not subject to RHA’s income limits
Slide #16©2007 Nan McKay & Associates
Responsibilities
Family
Initial Housing AgencyReceiving Housing Agency
Slide #17©2007 Nan McKay & Associates
Family Responsibilities
Inform IHA of area where they want to move Comply with RHA procedures Submit RFTA during the term of RHA’s
voucher
Slide #18©2007 Nan McKay & Associates
Responsibilities of IHA
Advise the family how to contact and request assistance from the RHA• Provide family with name and phone # of the RHA
person responsible for incoming portables and provide any available information regarding voucher issuance procedures of RHA
• HUD-52665 now has a line for name of the RHA to which family is referred
Slide #19©2007 Nan McKay & Associates
Responsibilities of IHA
Promptly notify the RHA to expect family• Contact the RHA on the family’s behalf by phone,
fax or e-mail (don’t just refer the family to HUD’s website or provide the address)
Advise family to contact RHA promptly and comply with RHA procedures
If new admission, determine if income eligible at RHA• If not, disapprove move to that area
Slide #20©2007 Nan McKay & Associates
Portability Forms
Portability billing form review Part I
Slide #21©2007 Nan McKay & Associates
HUD-52665 Part 1
Date initial billing to be received60 days following IHA voucher expiration date80% of IHA ongoing administrative feeRHA to which the family has been referred
Slide #22©2007 Nan McKay & Associates
Responsibilities of IHA52665 part 1
Send documents to RHA (mail or fax):Form HUD 52665, Part 1 completed, with
• Copy of voucher • Current 50058• Income verification
For applicants, provide family and income information in format similar to HUD-50058
Slide #23©2007 Nan McKay & Associates
Responsibilities of IHA52665 part 1
IHA Certification family is either• Current participant• Applicant income eligible in RHA’s jurisdiction• Requests RHA to issue a voucher
Not to expire before IHA’s voucherUsing RHA’s policies for bedroom size
Slide #24©2007 Nan McKay & Associates
Responsibilities of IHA52665 part 1
IHA Certification • Information is correct• IHA will reimburse RHA within 30 calendar
days of receipt of part II• IHA will ensure RHA receives subsequent
payments no later than 5th working day of each month
Slide #25©2007 Nan McKay & Associates
Responsibilities of IHA
Pay RHA 80% of IHA’s ongoing admin fee Reimburse RHA for HAP payment Pay/reimburse RHA for other amounts due Make payments per portability billing form and
within required timeframes
Slide #26©2007 Nan McKay & Associates
Responsibilities of IHA
IHA may not terminate or delay making payments under existing portability billing arrangements due to over-leasing or funding shortfalls• At any time, IHA may make a determination to
deny or terminate assistance to a family in accordance with 982.552 and 982.553
Slide #27©2007 Nan McKay & Associates
Responsibilities of IHA
IHA may request that HUD transfer units from their ACC to the RHA’s ACC to eliminate portability billing arrangements
Slide #28©2007 Nan McKay & Associates
Responsibilities of RHA RHA wait list & preferences do not apply Determine family unit size (voucher size) per RHA
subsidy standard Determine if family has begun or completed Earned
Income Disallowance• Must obtain information from IHA
Slide #29©2007 Nan McKay & Associates
Responsibilities of RHA
Promptly issue a voucher to the family• HUD expects issuance within 2 weeks of
receiving form HUD-52665 and supporting documentation (if information is in order and family has contacted RHA)
• For applicants, issuance may be delayed only if necessary to determine income eligibility
Slide #30©2007 Nan McKay & Associates
Responsibilities of RHA
May delay unit approval or voucher issuance for non-compliance (e.g. sign consent forms)• Must offer informal review or hearing (CFR
982.554 and 982.555) if refusing to process or provide assistance under portability procedures
Slide #31©2007 Nan McKay & Associates
Responsibilities of RHA52665 part II
Part II-A: RHA Certification• Family information• Voucher size per RHA subsidy standard• Certification that information is true and correct
Slide #32©2007 Nan McKay & Associates
Responsibilities of RHA52665 part II
Part II-B: Family Status, Initial HAPC Execution, Billing Changes after HAPC Execution• Must complete and mail within 10 working days from
HAP contract execution, or Effective date of billing amount change
• Submitted only when amounts change
Slide #33©2007 Nan McKay & Associates
Responsibilities of RHA52665 part II
RHA may NOT agree to a different billing schedule with IHA
All billing schedules must comply with PIH 2004-12
Slide #34©2007 Nan McKay & Associates
Responsibilities of RHA
RHA must determine whether to extend the term of the voucher:• May provide additional search time beyond the
expiration date of the IHA at the time voucher is initially issued, or
• May extend RHA voucher term • Extension is only valid in RHA’s jurisdiction
Slide #35©2007 Nan McKay & Associates
Responsibilities of RHA
RHA must notify IHA of any extension beyond IHA voucher term and bill within the original deadline if not absorbing
Slide #36©2007 Nan McKay & Associates
Responsibilities of RHA RHA must refer family to IHA if
• Voucher has already expired when RHA receives portability paperwork
• Family decides not to lease in RHA’s jurisdiction IHA voucher becomes voucher of record
and any extension is at IHA’s discretion
Slide #37©2007 Nan McKay & Associates
Responsibilities of RHA
RHA must• Promptly notify IHA whether it will bill or
absorbMay absorb only after HAPC is executed
• Notify IHA if no RFTA submitted by family• Notify IHA when family leases unit
Slide #38©2007 Nan McKay & Associates
Responsibilities of RHA
If RHA decides to bill IHA, send copy of new form HUD-50058 with HUD-52665
Provide adequate notice to IHA when:• Billing amount changes• Absorbing a family for which
was previously billing• Family is terminated
Slide #39©2007 Nan McKay & Associates
Responsibilities of RHA
If portable family wants to move to another jurisdiction, RHA does not issue voucher, but notifies IHA
Slide #40©2007 Nan McKay & Associates
Responsibilities of RHA
Send IHA a copy of updated HUD-50058 at each annual reexamination during billing period, regardless of whether there is a change in the billing amount
Perform all program functions for family
Slide #41©2007 Nan McKay & Associates
Portability Billing
Submission of Initial Billing Amount (Part II of form HUD-52665)• RHA must submit initial billing notice no later than
10 working days following the date HAP contract is executed, and
• In time that it will be received by IHA no later than 60 days following the expiration date of the family voucher issued by the IHA
Slide #42©2007 Nan McKay & Associates
Portability Billing
Submission of Initial Billing Amount…• If initial billings are postmarked, emailed, or
faxed more than 10 working days after the date the HAP contract is executed, IHA is generally not obligated to honor billings IHA must immediately inform RHA in writing
of decision not to accept the late billing
Page 3-12
Slide #43©2007 Nan McKay & Associates
Portability Billing
Submission of Initial Billing Amount…• Generally, an RHA that failed to bill within 10
working days of HAP contract execution will be required to absorb the family unless IHA is willing to accept late billingHUD may require IHA to honor a billing
submission after the 10 day deadline
Slide #44©2007 Nan McKay & Associates
Portability Billing
Submission of Initial Billing Amount…• If IHA
Has not received RHA’s billing within 60 days of IHA’s voucher expiration, and
Does not intend to honor a late billing, • Then IHA must contact RHA to determine status
And . . .
Slide #45©2007 Nan McKay & Associates
Portability Billing If family is
• Under HAP contract and RHA cannot absorb, IHA must accept the late billing
• NOT under HAP contract, IHA may inform RHA they will not accept any subsequent billing
If RHA still sends late billing, IHA returns to RHA
Slide #46©2007 Nan McKay & Associates
Portability Billing
Payment of First Billing Amount• IHA must pay within 30 days of receipt of Part
II of HUD-52665 indicating billing amount• Payment must be provided in a form and
manner that the RHA is able and willing to accept
Slide #47©2007 Nan McKay & Associates
Portability Billing
Payment of Subsequent Billing Amounts• IHA must ensure that subsequent billing
payments are received no later than the fifth working day of each monthNew deadline went into effect for existing
billing arrangements for October 1, 2004 payments
Slide #48©2007 Nan McKay & Associates
Portability Billing
Payment of Subsequent Billing Amounts…• If IHA fails to make monthly payment by the
fifth working day of the month, RHA must notify IHA in writing of the deficiency
Slide #49©2007 Nan McKay & Associates
Portability Billing
Payment of Subsequent Billing Amounts…• RHA’s notice to IHA must include
• Family name (s)• Amount of late payment• Date payment received (if received)
• A copy must be sent to the Director of the Office of Public Housing (OPH) in the RHA’s HUD area office
Slide #50©2007 Nan McKay & Associates
Portability Billing
Payment of Subsequent Billing Amounts…• If IHA fails to correct by the second month
following notification, RHA may request HUD to transfer the unit(s) in questionProcedures for requesting transfer of
units is described in Section 12 of Notice 2004-12
Slide #51©2007 Nan McKay & Associates
HUD Reviews
HUD will perform periodic reviews of PHA billing to determine if information between IHA and RHA is consistent• PHAs will submit billing
information to HUD
Slide #52©2007 Nan McKay & Associates
HUD Reviews
PHAs should work with other PHAs before review• Review portability records• Address discrepancies prior to HUD review
PHAs not fulfilling requirements may be subject to penalties
Slide #53©2007 Nan McKay & Associates
The Need for Pre-portability Counseling
Slide #54©2007 Nan McKay & Associates
Managing the Process
Mini-briefing Risks to family Need to prepare family to succeed Provide with written checklist with deadlines
with copy to file
Slide #55©2007 Nan McKay & Associates
The Affect of PortabilityOn Decision-Making
Slide #56©2007 Nan McKay & Associates
As Initial HA Specialist Vs. caseload When and how will you determine income-
eligibility of applicants exercising portability? Under what circumstances will you deny
portable moves? Will you provide additional info to RHA?
What? How will you track deadlines?
Slide #57©2007 Nan McKay & Associates
As Initial HA
When more than one PHA, how will you choose?
How will you organize 50058 data for applicants?
Do you have criteria for accepting late billings?
Slide #58©2007 Nan McKay & Associates
As Receiving HA Specialist Vs. Caseload Absorb or Administer? When will you redetermine eligibility Will you extend vouchers you intend to
administer? Criteria? Do you have procedures for notifying IHA of
extensions? Of voucher expirations?
Slide #59©2007 Nan McKay & Associates
Trouble Spots
Slide #60©2007 Nan McKay & Associates
Trouble Spots As Initial HA
Payments by 5th working day of month Payments within 30 calendar days of initial receipt
of bill Not managing the portability “process”:
• No procedures for processing port requests; pre-port counseling; clear and specific info to family (checklist?); obtaining data from RHA, etc.
Slide #61©2007 Nan McKay & Associates
Trouble Spots As Initial HA
Procedures for late billings Criteria to evaluate late billings; circumstances
under which you will honor No tracking mechanism Improper denial of portable moves re: budget,
residents Incorrect data entry
Slide #62©2007 Nan McKay & Associates
Trouble Spots For Receiving HA
Policy, criteria for extension of portable vouchers
Procedures to notify IHA of extensions Procedures to notify IHA of expirations No mechanism for tracking (vouchers, billing
deadlines, etc)
Slide #63©2007 Nan McKay & Associates
Trouble Spots For Receiving HA
Not issuing own voucher: Assumption that IHA extends vouchers
Improper delays in processing incoming portables
Incorrect data entry
Slide #64©2007 Nan McKay & Associates
Penalties for Late Billing
HUD may require IHA to honor late billing• RHA may be over-leased
and not able to cover HAP
Slide #65©2007 Nan McKay & Associates
Penalties Related to Billing
RHA’s failure to bill timely may result in:• Reduction in RHA’s
administrative fee• Transfer of units from RHA to
IHA
Slide #66©2007 Nan McKay & Associates
Penalties for Late Billing
IHA’s failure to pay timely may result in:• Reduction in IHA’s administrative fees• Transfer of units from IHA to RHA
Slide #67©2007 Nan McKay & Associates
Portability Notice
Notice PIH 2004-12 “Housing Choice Voucher Portability Procedures and Corrective Actions”• Provides guidance on PHA administrative
responsibilities related to portability moves
Slide #68©2007 Nan McKay & Associates
Portability Notice
Notice PIH 2004-12 was extended on 7/03/06• Notice PIH 2006-25
Slide #69©2007 Nan McKay & Associates
Notice PIH 2005-18
Portability billing for special admin fees• PHAs should discontinue payment of, and
billing for:Hard-to-house feesLead-based paint feesAny other special fees in connection with
portability
Slide #70©2007 Nan McKay & Associates
Notice PIH 2005-18
Portability billing for special admin fees• If IHA already paid RHA these fees• Then IHA should determine whether they
received prior reimbursement from HUD If IHA did not receive reimbursement from
HUD, may offset fee amounts from future billings
Slide #71©2007 Nan McKay & Associates
Notice PIH 2006-32
Issued 8/21/2006, expires 8/31/2007 Reinstates notice PIH 2005-9 regarding cost-
savings measures Gives specific requirements regarding
portability
Slide #72©2007 Nan McKay & Associates
Notice PIH 2006-32
Portability• PHAs may deny portability moves and moves within
their jurisdiction to higher cost area• But MUST demonstrate it will not have sufficient
funding to serve currently assisted families for the rest of the CY Would only be justified in denying portability if would be
unable to avoid terminations
Slide #73©2007 Nan McKay & Associates
PIC Data Entry
Section 14 of Notice 2004-12, clarifies the correct action codes to be used when completing the HUD-50058 for portable families• Lines 2a, 12d and 12f
Page 3-17
Slide #74©2007 Nan McKay & Associates
PIC Data Entry
Applicant Family
Participant Family
Slide #75©2007 Nan McKay & Associates
PIC Data Entry
Slide #76©2007 Nan McKay & Associates
Portability Tracking Tool This tool is in Microsoft Excel © We will provide a quick overview of the
tool• Very user friendly
Slide #77©2007 Nan McKay & Associates
Portability Tracking Tool
Contains 3 worksheets• 2 for PHA as IHA
Initial trackingAnnual tracking
• 1 for PHA as IHA
Slide #78©2007 Nan McKay & Associates
IHA Tracking IHA Tracking
• Basic Family Information for families porting out of your jurisdiction
Slide #79©2007 Nan McKay & Associates
IHA Tracking IHA Tracking
• Enter IHA Voucher Issue date and expiration date
• 60 days following expiration date auto-calculates
Slide #80©2007 Nan McKay & Associates
IHA Tracking IHA Tracking
• If today’s realtime date is after the ’60 days following voucher expiration’ date, 52665 receive date turns RED, indicated action is needed by the IHA!
Slide #81©2007 Nan McKay & Associates
IHA Tracking• Note how the tiny red triangles provide pop-up
guidance when you run your cursor over them
Slide #82©2007 Nan McKay & Associates
IHA Tracking• Track outcome, eff date of HAPC for billed
families, and initial payment deadline to the RHA
Slide #83©2007 Nan McKay & Associates
IHA Tracking• Of course, RHA contact information is also listed
Slide #84©2007 Nan McKay & Associates
IHA ANNUAL Tracking• The next worksheet allows the IHA to track
receipt of the annual HUD-50058 from the RHA• If not received, the IHA may want to check PIC to
make sure that the family is still assisted
Slide #85©2007 Nan McKay & Associates
IHA ANNUAL Tracking• The worksheet simply adds 365 days to
Date of eff date of HAPCEff date of annual reexam as annual ‘58s are recd
• Not perfect, but sufficient for tracking
Slide #86©2007 Nan McKay & Associates
IHA ANNUAL Tracking• Enter information if family is terminated, absorbed…
You will no longer expect an the annual 50058
Slide #87©2007 Nan McKay & Associates
RHA Tracking• Third sheet tracks from the RHA point of view
Did the RHA meet initial deadlines?Did IHA make initial payment on time?Did the RHA send the annual 50058 as required?
Slide #88©2007 Nan McKay & Associates
RHA Tracking• Same idea as previous sheets
Slide #89©2007 Nan McKay & Associates
Portability Tracking Tool • Play with the tool and use it how you will• Sheet has protection, but no password protection• Feedback has been positive – we hope you find it
useful!
Slide #90©2007 Nan McKay & Associates
Conclusion
Next…
Slide #91©2007 Nan McKay & Associates
Thank you for Attending!Upcoming Lunch ‘n’ Learns
Denials and Terminations – 09/04
Reasonable Accommodation in the HCV Program – 09/05
How to Handle Hearings – 09/12