Welcome to Your Housing Help Session!
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Transcript of Welcome to Your Housing Help Session!
© Copyright 2009 Nan McKay & Associates
Earned Income Disallowance
© Copyright 2008 Nan McKay & Associates
Housing Help SessionsName of session – date of session
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© Copyright 2009 Nan McKay & Associates
Earned Income Disallowance
© Copyright 2008 Nan McKay & Associates
Housing Help SessionsPortabilty – May 8, 2009
NMA Host:Trainer Annie Stevenson
© Copyright 2009 Nan McKay & Associates
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Welcome to Your Housing Help Session!
Today’s Topics: Notice PIH 2008-43 Initial and receiving responsibilities Billing deadlines Portability denial
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Welcome to Housing Help!
Upcoming topics for the occupancy series: 5/15/09: Site-based waiting lists (PH) 6/5/09: Owners in HCV 6/12/09: PHAS for property staff
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Portability
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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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
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Housing Help Sessions
Portability – May 8, 2009
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Portability
The family may move to any jurisdiction of a PHA with a tenant-based assistance program
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Housing Help Sessions
Portability – May 8, 2009
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Portability Terms
Initial PHA Receiving PHA Jurisdiction
Admission Administer Absorption
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Limitations
Doesn’t apply to project-based programs Family may not move under portability if they
moved out of the assisted unit in violation of lease VAWA creates an exception
In order to protect the victim of domestic violence
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Limitations
PHA may establish policy to prohibit moves during the initial lease term
PHA may prohibit more than one move (within and outside) of jurisdiction during any one year period
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Housing Help Sessions
Portability – May 8, 2009
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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
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Housing Help Sessions
Portability – May 8, 2009
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Residency Restriction
During the 12 month period from the time the family is admitted to the program . . . Family may lease unit anywhere in IHA
jurisdiction Family does not have a right to portability IHA may allow portability during this period but
RHA must agree
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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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
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Housing Help Sessions
Portability – May 8, 2009
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Effect of Residency Restriction
Where may family lease for the first year? Only in Jacksonville, unless
Both IHA and RHA agree to allow the port
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Housing Help Sessions
Portability – May 8, 2009
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Effect of Residency Restriction
Lives inSan Diego& applies
Movesto LA
Moves to SFO
Top of SD WL
Where may the family lease-up during the first year of rental assistance?
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Income Limit Restrictions (New Admission)
Family must be income eligible in area of initial lease-up
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Housing Help Sessions
Portability – May 8, 2009
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Income Limit Restrictions (New Admission)
If PHA jurisdiction has more than one income limit area For voucher issuance
Use highest income limit area to determine eligibility For admission
Use actual income limit where family leases
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Denying Portability Due to Insufficient Funding
New! Notice PIH 2008-43 Published 12/3/08 Updates PIH 2004-12
Adds conditions for denials based on funding Sanctions for improper denials
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Housing Help Sessions
Portability – May 8, 2009
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Denying Portability Due to Insufficient Funding
Port to higher cost area may only be denied if IHA would have to terminate HAP contract(s) of other families Must be able to document Spreadsheet available at
http://www.hud.gov/offices/pih/programs/hcv
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Denying Portability Due to Insufficient Funding
Before denying port, IHA must contact RHA to determine if RHA will absorb
If port denied, PHA may not admit any applicants until funding is sufficient for port When funds are available, must promptly process
port if family still wishes to move
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Denying Portability Due to Insufficient Funding
Sanctions for improper port denials Admin fee reduction up to 5% for 2 quarters Additional remedial actions or sanctions may be
imposed Improper denial is a violation of program
regulations
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Income Limit Restrictionsfor Participants
Participants who exercise portability are NOT subject to RHA’s income limits
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of the Family
Family must Notify IHA where they intend to move Promptly contact RHA and comply with
RHA’s procedures Submit RFTA during term of RHA’s voucher
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHA
Advise the family how to contact the RHA Name and phone # of the RHA person
responsible for incoming portables Don’t just refer the family to HUD’s website or
provide the address
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHA
Advise the family how to request assistance from the RHA Information regarding voucher issuance
procedures of RHA HUD-52665 now has a line for name of the
RHA to which family is referred
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHA
Promptly notify the RHA to expect family Phone, fax or e-mail RHA
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
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Housing Help Sessions
Portability – May 8, 2009
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Review Portability Form
Portability billing form HUD-52665 Link in your HHS e-mail
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Housing Help Sessions
Portability – May 8, 2009
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HUD-52665 Part 1
Initial PHA Information and Certification1. & 2. Head of Household name, SSN3. thru 6. Voucher #, BR size, Issue date,
Exp date7. Date of last income examination8. New admission annual income
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Housing Help Sessions
Portability – May 8, 2009
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HUD-52665 Part 1
9. Date initial billing to be received (60 days following IHA voucher expiration date)
10. 80% of IHA ongoing administrative fee11. RHA to which the family has been referred
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHAHUD-52665 Part 1
Send documents to RHA (mail or fax): Portability Form (HUD-52665),Part 1 completed Copy of voucher Current 50058
For applicants, provide family and income information in format similar to HUD-50058
Income verification
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHA
Reimburse RHA for HAP payment Pay RHA 80% of IHA’s ongoing admin fee
80% of the administrative fee per unit cost as determined by HUD or
Some other negotiated amount if both PHAs agree
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHA
Pay/reimburse RHA for other amounts due
Make payments per portability billing form and within required timeframes
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Housing Help Sessions
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Responsibilities of IHA
IHA may not terminate or delay making payments under existing portability billing arrangements due to: Over-leasing or Funding shortfalls
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of IHA
IHA may only terminate HAP contracts for insufficient funds, to which it is a party
IHA may request that HUD transfer units from their ACC to the RHA’s ACC to eliminate portability billing arrangements
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
RHA does not re-determine eligibility for a participant family Wait list & preferences do not apply
Determine family unit size per RHA subsidy standard
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Housing Help Sessions
Portability – May 8, 2009
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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
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
RHA must refer family back to IHA if Voucher has already expired when RHA
receives portability paperwork Family decides not to lease in RHA’s
jurisdiction
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Portability – May 8, 2009
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Responsibilities of RHA
IHA voucher becomes voucher of record and any extension under these circumstances is at IHA’s discretion
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Portability – May 8, 2009
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Responsibilities of RHA
RHA may Conduct new reexamination
Cannot delay issuing voucher/approving unit unless recert is determining income eligibility
Opt to screen applicants for suitability
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
May delay approval of unit or issuance of voucher for non-compliance with RHA procedures (e.g. signing consent forms)
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
Must offer informal review or hearing (CFR 982.554 and 982.555) if refusing to process or provide assistance under portability procedures
RHA voucher term cannot expire before IHA voucher
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Housing Help Sessions
Portability – May 8, 2009
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Pop Quiz
When a family is issued a voucher by the RHA and requests additional search time, which PHA decides whether or not to extend the voucher?A. Initial PHAB. Receiving PHA
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Housing Help Sessions
Portability – May 8, 2009
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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 voucher Initially when RHA issues own voucher, or Subsequently extend RHA voucher term
Extension is only valid in RHA’s jurisdiction
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
RHA must Notify IHA of any extension beyond IHA
voucher term, and Bill within the original deadline of the IHA
voucher if not absorbing
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
If portable family decides not to lease or wants to move to another jurisdiction RHA does not issue voucher, but notifies
IHA IHA issues voucher and sends HUD-52665
and supporting documents to new RHA
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
RHA must promptly notify IHA whether it will bill or absorb
If RHA decides to bill Send copy of form HUD-50058 with HUD-
52665 Part II completed
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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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
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Housing Help Sessions
Portability – May 8, 2009
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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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: RHA may NOT agree to a different billing
schedule with IHAForm has not been correctedAll billing schedules must comply with
PIH 2008-43
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 1. Family failed to submit RFTA; voucher expired2. HAP contract executed, RHA absorbing
eff: (date)3. HAP contract executed eff: (date)
RHA administering Form HUD-50058 attached; part 9 of 52665
completed
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 4. HAP changed eff: (date)
Reason 50058 attached, part 9 of 52665 completed
5. HAP payments Abated eff: (date) Abatement released eff (date)
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Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 6. Family terminated effective (date)
Reason
7. RHA is absorbing family effective (date)
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 8. HAP contract terminated, (family moving)
Will not be remaining in RHA jurisdiction Will be remaining in RHA jurisdiction;
new voucher expires: (date)
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 8. HAP contract terminated, (family moving) If portable family is moving to another
jurisdiction RHA does not issue voucher, but notifies IHA IHA issues voucher and sends all supporting
documents to new RHA
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 9. Billing Information
a. Monthly HAPb. Ongoing admin fee c. Total regular monthly amount
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA52665 Part II
Part II-B: 9. Billing Information
Additional amounts dued. Prorated HAPe. Hard to house (do not use)f. Otherg. Totalh. Payment due this billing submission
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Housing Help Sessions
Portability – May 8, 2009
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Responsibilities of RHA
Send a copy of updated HUD-50058 at each annual reexamination during billing period Regardless of whether there is a change in
the billing amount
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Submission of Initial Billing Amount
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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Submission of InitialBilling Amount
IHA, as a rule, is not obligated to honor initial billings If postmarked, emailed, or faxed more than 10
working days after the execution date of the HAP contract Date HAP contract is signed, not effective date (if
execution date and effective date not the same)
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Submission of InitialBilling Amount
Generally, an RHA that failed to submit bill within 10 working days of HAP contract execution date Will be required to absorb the family unless
IHA is willing to accept late billing
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Submission of InitialBilling 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 of the family
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Submission of Initial Billing Amount
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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Submission of InitialBilling Amount
IHA must immediately inform RHA in writing of decision not to accept the late billing
If RHA still sends late billing, IHA returns to RHA
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Payment of Initial Billing
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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Payment of SubsequentBilling Amounts
IHA must ensure that subsequent billing payments are received no later than the fifth working day of each month New deadline is in effect for existing billing
arrangements
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Payment of SubsequentBilling 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 RHA not required to submit a billing each
month
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Payment of SubsequentBilling 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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
Slide 69
Payment of SubsequentBilling Amounts
If IHA fails to correct by the second month following notification, RHA may request HUD to transfer the unit(s) in question Procedures for requesting transfer of units is
described in Section 12 of Notice 2008-43
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
Slide 70
Notification of Change in Billing Amount or Other Action
RHA must notify IHA no later than 10 working days following the effective date of change Send new 52665 & 50058 Changes include:
Billing amountTerminationAbsorption
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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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
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Housing Help Sessions
Portability – May 8, 2009
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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
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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Penalties Related to Billing and Payment
RHA failure to bill timely may result in: Reduction in RHA’s administrative fee Transfer of units from RHA to IHA
IHA failure to pay timely may result in: Reduction in IHA’s administrative fees Transfer of units from IHA to RHA
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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PIC Data Entry
Section 14 of Notice 2008-43 clarifies the correct action codes to be used when completing the HUD-50058 for portable families Lines 2a, 12d and 12f
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Portability – May 8, 2009
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PIC Data Entry
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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PIC Data Entry Portability Move-in or New Admission
HUD-50058 line number 2a Action code 4 or 1
Applicant RHA submits 1-New Admission
Participant RHA submits 4-Portability Move-in
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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PIC Data Entry
Portability Move-out HUD-50058 line number 2a Action code 5
IHA submits 5-Portability Move-out whether RHA bills or absorbs If RHA bills submit after family has executed HAP
Contract
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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PIC Data Entry
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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PIC Data Entry
HUD-50058 Line Number 12d Enter Y in this field if portable family, whether
PHA is billing or absorbing HUD-50058 Line Number 12e
Amount billed (0 if absorbed) HUD-50058 Line Number 12f
PHA code of the billed PHA
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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NMA Lunch ‘n’ Learn Seminar
NEXT TOPIC…
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
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NMA Lunch ‘n’ Learn Seminar
© Copyright 2009 Nan McKay & Associates
Housing Help Sessions
Portability – May 8, 2009
Slide 82
Upcoming Housing Help Sessions 05/15/09: Site-Based Waiting Lists (PH) 05/22/09: Physical Needs Assessment and the
5-year Plan for Capital Improvements (PH) 05/29/09: Creating & Managing a Housing
Nonprofit (PH)