slide #1 © copyright 2008 nan mckay & associates annie stevenson cara gillette public housing...

Slide #1 © Copyright 2008 Nan McKay & Associates

Annie Stevenson

Cara Gillette

Public Housing

Community Service & Self-Sufficiency Strategies

©2007 Nan McKay & Associates

© Copyright 2008 Nan McKay & Associates


Welcome to Lunch N Learn!

Today’s Topics:• Community Service

RequirementsExemptionsNoncompliance

• Self-Sufficiency Strategies


Welcome to Lunch N Learn!

Upcoming topics for the occupancy series:• 12/5/08: Effective Interviewing & Fraud

Prevention• 12/10/08: Repositioning PH Assets• 12/12/08: Managing SEMAP


Community Service


Background Information

The Quality Housing and Work Responsibility Act of 1998 (Public Housing Reform Act) amended Section 12 of the United States Housing Act of 1937 to establish community service and self-sufficiency requirements for certain residents of public housing• Does not apply to Section 8 programs



Originally, community service had to be implemented beginning with PHA fiscal years that commenced on or after 10/01/2000



FY 2002 Appropriations Act temporarily suspended community service, except for residents of HOPE VI developments

PHAs were not to implement or enforce community service (except under HOPE VI) using FY 2002 funds



Notice PIH 2003-17 (HA) was issued on June 20, 2003 to reinstate community service

By July 31, 2003 PHAs had to provide all residents with written notice about the reinstatement of the requirement, their exempt/nonexempt status, and what to do in order to comply



By October 31, 2003 PHAs had to assure that all affected residents were performing their community service requirements


Purpose

Community service and self-sufficiency requirement is intended to:• Assist adult public housing residents in

improving their economic and social well-being• Give them a greater stake in their communities

by allowing them to “give something back”• Facilitate their upward mobility


Community Service Definition

Community service is:• Voluntary work or duties

That are a public benefit, and Improve the quality of life, enhance resident

self-sufficiency, or increase resident self-responsibility in the community

• Not employment• May not include political activities


Self-sufficiency Definition

An economic self-sufficiency program is:• Any program designed to encourage, assist,

train, or facilitate the economic independence of HUD-assisted families or to provide work for such families…


Self-sufficiency Definition

Economic self-sufficiency programs include:• Job training• Employment counseling• Work placement• Basic skills training• Education• English proficiency• Workfare

• Financial or household mgt

• Apprenticeship

• Any pgm necessary to ready for work (e.g. substance abuse or mental health treatment pgm)

• Other work activities


PHA Plan Requirements

PHAs must describe their community service programs in their PHA annual plans, except agencies that are:• High performing PHAs• Small PHAs non-troubled & w/PHAS score > 69• But they are not exempt from administering

community service!


Program Regulatory Information

24 CFR 960 Subpart F was created to address the community service requirements

Also discussed under lease requirements in 24 CFR 966.4(a)(2)(ii) & 966.4(l)(2)(iii)(D)

PHA Plan requirements are found in 24 CFR 903.7(l) and exemptions in 903.11(c) & 903.12


Resident Requirements

Except for family members who are exempt, each adult family member must contribute 8 hours per month of:• Community service activities, or• Economic self-sufficiency program activities,

or• Combination of the two


8 Hours Per Month

Individuals cannot skip a month and double-up on their hours the following month

PHAs can make exception to this on a case-by-case basis due to extenuating circumstances• Make up hours prior to lease renewal or within

a reasonable period (PHA policy)


Exempt Individuals

Age 62 or older Blind or disabled as defined in the Social

Security Act [42 U.S.C. 416(i)(1); 1382c] and who certifies because of this disability are unable to comply• Primary caretaker of such individual is also

exempt


Exempt Individuals

Is engaged in work activities as defined in the Social Security Act [42 U.S.C. 607(d)]• PHAs are encouraged to consider 30 hours per

week as minimum for work activities• PHAs can use reasonable guidelines to clarify

list of work activities in coordination w/TANF agency (list of 12 activities in PIH 2003-17)


Exempt Individuals

Meets requirements for being exempt from work activities under State welfare program

Is receiving TANF and has not been found to be in non-compliance with the program


HUD FAQs

HUD’s Admission and Occupancy FAQs provides additional guidance for community service implementation and enforcement

Located at: http://www.hud.gov/offices/pih/phr/about/ao_faq4.cfm

The following policy issues come from the FAQs


Policy Issues from FAQs

Pregnant females are not automatically exempt• PHA could determine pregnant individual is

temporarily unable to comply & require written verification from physician of such inability

• Or PHA could require individual to make up hours after pregnancy but prior to lease renewal or within a reasonable period



Home schooling of children may be an eligible community service activity if the PHA determines it as such

Stay-at-home parents are not exempt• But could meet their 8 hours through

babysitting for someone performing their community service



For persons receiving unemployment who are required to look for work:• Job search is one of the items listed as an

exempt work activity• PHA must determine if person is “engaged” in a

“work activity” Must have reasonable policies and a means to

verify


PHA Lease Requirements

PHA lease must specify that it will be renewed automatically unless the family fails to comply with the requirements

Violation is grounds for nonrenewal of the lease at the end of the 12-month lease term• Cannot terminate lease for violation of this

requirement during lease term


PHA Policy Requirements

PHA must develop policies for administration of community service• May administer qualifying activities directly, or• Make available through contractor or

partnerships with other community organizations, agencies, or institutionsCould include resident organizations


Eligible Activities

Public Housing Occupancy Guidebook, Chapter 15, gives examples of eligible community service activities• Recommends that PHAs notify their insurance

companies if residents will be doing their service activities at the PHA

Also provides examples of eligible self-sufficiency activities


PHA Requirements

PHA must describe how it determines who is and is not exempt• Including process for determining changes in

exempt status PHA must give all resident families written

description of the requirements, process for claiming and verifying exempt status


PH Occupancy Guidebook

The Public Housing Occupancy Guidebook (Chapter 15) discusses the development of exemption verification forms, and recording/certification documentation forms

Also discusses providing family with a copy of the PHA’s community service policies at initial application and lease execution



NOTE: PH Occupancy Guidebook states forms and policies must be provided at initial application and lease execution, however, there is no regulatory or other mandatory basis for this• Should only be considered recommendations• Sample forms are provided in Appendix VI



PH Occupancy Guidebook says “Activities must be performed within the community and not outside the jurisdictional area of the PHA.” • There is no regulatory or other mandatory

basis for this • Only a recommendation



PH Occupancy Guidebook also says family must sign certification that they have received and read the PHA’s community service policies• There is no regulatory or other mandatory

basis for this • Only a recommendation


PHA Requirements

PHA must notify family of its determination of family members subject to the requirements• And those who are exempt

PHA must review family compliance and verify compliance annually at least 30 days prior to lease end

Verification for activities not administered by the PHA must be by third party


PHA Requirements

PHA must retain documentation of service requirement performance or exemption in the resident files

PHA must comply with non-discrimination and equal opportunity requirements


PHA Requirements

PHA may not substitute community service or self-sufficiency activities for work ordinarily performed by PHA employees, or • Replace a job at any location where residents

perform activities to satisfy the requirements


PHA Requirement for Noncompliance

If tenant or other family member is in noncompliance, the PHA may not renew the lease at the end of the lease term unless:• Tenant/noncompliant member enters into written

agreement to cure by completing additional hours needed by end of next 12-month lease term, or

• Noncompliant member no longer resides in unit


Noncompliance Process

Prior to end of lease term, PHA will make a determination whether all nonexempt family members have complied with the requirement

If PHA determines a family member is noncompliant the PHA must notify the family of the noncompliance


Noncompliance Notice

PHA notice of noncompliance must:• Briefly describe the noncompliance• State PHA will not renew lease unless:

Tenant and any other noncompliant resident enter into written agreement to cure, and cure

Or that noncompliant member no longer resides in unit


Noncompliance Notice

PHA notice of noncompliance must also state that tenant may request a grievance hearing and may exercise any available judicial remedy to PHA’s nonrenewal of the lease


Noncompliance Agreement

The agreement to cure should include:• The additional number of hours needed to

make up the required hours under current lease

• Assurance that all nonexempt members are in compliance

• Assurance that any noncompliant resident no longer resides in unit


Reporting on 50058

Notice PIH 2004-20 (HA), issued October 2, 2004, provided instructions for completing line 3q of the form HUD-50058 for community service

Also, the latest version of the Form HUD-50058 Instruction Booklet, dated June 28, 2004 has this same instruction


Reporting on 50058

As of September 27, 2004, PHAs are not to use option 5, “n/a”, when completing 3q on the 50058 form• Selecting option 5 will result in a fatal error• Option 5 was only to be used for PHAs where

the community service requirement had not yet gone into effect


Reporting on 50058

For Section 8 participant reporting, leave 3q blank

Instructions for completing 3q are found in the 50058 Instruction Booklet, pages 15 & 16

Note that on page 16 it mentions “an average of 8 hours per month” – this was clarified in HUD’s FAQs that it is not an average


OIG Audit Report

Issued March 24, 2008 “HUD Did Not Ensure that Housing Authorities

Properly Administered the Community Service and Self-Sufficiency Requirement”

www.hud.gov/offices/oig


Audit Report Findings

Incomplete guidance• List of needed clarifications

Inadequate data collected via 50058s Ineffective enforcement Issue not a priority



PHA concerns• Possible repeal of law

3 unsuccessful attempts, including 2007• Courts reluctant to evict

OIG estimated 85,000 noncompliant households are assisted



HUD response• Guidance to be drafted within “a few months”• No funds to modify PIC• Increased oversight & monitoring• Formal sanctions policy through regulation


Resident Relations and Self-Sufficiency


Now We’ll Discuss…

Resident involvement in project administration HUD and private grants Strategies to help residents move from

welfare to work and out of poverty


Resident Participation inProject Administration


Background

A school of thought considers public housing “bricks and mortar” only

But if public housing is a business, it’s important to have tenants who pay higher rent

And public housing is THE best welfare-to-work partner in the community


Resident Participation Managers must recognize importance of

resident involvement• Residents are communication conduit• Residents know what the project is like after

hours and on weekends• Residents know what works• The project is often the most comfortable bridge

for resident into the larger community


Resident Participation

Resident participation often comes through the resident council• Representative of tenant interests• Democratically elected board• Formally constituted

Resident councils can form all or part of the Resident Advisory Board


Resident Participation

MOU clarifies relationship between PHA and tenant organization or council• PHAs may provide in-kind and cash assistance

for tenant activities• Cash contributions made only under written

agreement Residents serving on the council, RAB, or

board can get a resident service stipend


HUD and Private Grants


HUD and Private Grants Grant programs can bring fresh faces,

creative partnerships, inspiring mentors, and effective programs to the project

Grants can be for all kinds of things:• At-risk youth• Youth and adults preparing for work• Educational skills• Health projects, parenting, counseling, etc.


HUD and Private Grants Some grant-writing tips:

• Make sure you meet the eligibility criteria of the grant and the funder

• Follow the instructions (funder’s format and requirements) to the letter

• Have a vision and believe in it• Make sure your grant is collaborative, with

creative partnerships in the community


HUD and Private Grants

HUD announces its self-sufficiency grants in the Federal Register• Announced through Super NOFAs

ROSS grants and Self-Sufficiency Coordinators There are also many philanthropic

organizations looking for great programs


Self-Sufficiency Strategies



The FSS program• Designed to promote economic independence

– a great program for families and great PR for the PHA

• Escrow account allows the family to save and to take big step toward economic independence



Community service program• Design of program can be very effective in

providing opportunities for residents to acquire entry-level competencies

• Design of program should give residents greatest choice possible


Self-Sufficiency Strategies Community service program

• PHAs have a lot of options in design PHA could design and administer program PHA could collaborate PHA could contract out entire program

• PHA must enforce lease• Activities could include volunteering at the project, in the

community, working with youth, getting counseling (drugs, alcohol, budgeting, parenting)


More Strategies for Self-Sufficiency

Collaborate with community partners Understand welfare requirements Section 3

• Requirement with federal contracts to train and hire low-income residents

Communication to and with residents Skilled trades for women


More Self-Sufficiency Strategies

Technical assistance with home-based business

Bringing resources directly to the project Earned income disallowance Career counseling Career retention programs


More Emphasis from HUD


The New PHAS

Under the new project-based PHAS, economic self-sufficiency and resident involvement in project administration will all be scored under onsite management review by HUD


The New PHAS

Economic self-sufficiency• Exclusions are same as for community service

Elderly Blind or disabled or primary caretaker of such Engaged in work activities Exempt by TANF Member of TANF and in compliance


The New PHAS

Economic self-sufficiency• Grade A: Project has at least 85% of

households with HOH, spouse, or sole member that’s elderly/disabled, or at least 50% of all adults are working either full or part-time, or at least 10% of adults are participating in self-sufficiency program


The New PHAS

Economic self-sufficiency• Grade C: Project offers or coordinates with an

outside agency to make available at least one self-sufficiency activity

• Grade F: Doesn’t offer


The New PHAS

Resident involvement in project admin• Grade A: Project offers at least one

opportunity• Grade F: Project doesn’t offer


The New PHAS

Tenant/mgmt relations 2 points• Economic self-sufficiency 1 point• Resident involvement 1 point


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