HUD Housing Programs: Tenants’ Rights (The Green Book): 7.4.4 Timing of Moves
HUD regulations do not provide a timeframe for how quickly a PHA must respond to a voucher family’s request to move.
HUD regulations do not provide a timeframe for how quickly a PHA must respond to a voucher family’s request to move.
A family may use its Voucher to lease a unit anywhere in the United States where there is a PHA operating a Voucher program.76 Special portability procedures apply if a family is moving outside of the jurisdiction of the PHA that initially issued the Voucher.77 Because portability involves two PHAs, HUD has issued guidance regarding the responsibilities of the agencies.
HUD regulations state that a PHA’s refusal to process or provide assistance under portability procedures constitutes termination of assistance.95 As a result, advocates can argue that due process protections require that the voucher tenant receive an informal hearing before the PHA can refuse to process the tenant’s portability request.96 For example, in a case where the health department ordered a voucher tenant to vacate her apartment, a court held that due process required the PHA to either give
The concept of “housing mobility” derives from federal civil rights litigation that sought to vindicate the fair housing rights of families who were denied housing opportunities because of their race. Housing mobility provides voucher holders access to opportunity-rich areas where they historically have been excluded. Housing mobility typically refers to voluntary moves. However, mobility counseling also may be provided when families are required to move, such as when public housing is disposed of, demolished or redeveloped.
This section discusses management issues in the major HUD housing programs. For each program, the section covers the statutory, regulatory and other sources for the legal rules requiring good management practices. The chapter also describes the HUD systems for assessing the management of various housing programs.
The United States Housing Act contains several provisions regarding the obligation of a PHA to properly manage public housing developments.
In 1990, Congress overhauled the management assessment of PHAs, providing for sanctions against poorly managed PHAs.110 As amended, Section 6(j) of the United States Housing Act outlines eleven performance indicators that HUD must use, to the extent practicable, in evaluating PHA management operations.111 These indicators are:
The Quality Housing and Work Responsibility Act (QHWRA) revised the manner that PHAs received funds from HUD. QHWRA built on the existing system and created two major grants for funding public housing, the capital fund and the operating fund.
In 1995, HUD completely revised its standard Annual Contributions Contract (ACC) and required each PHA to execute the new ACC. The revision eliminated nearly all of the clauses that imposed specific management obligations on PHAs.160 The only clauses left that relate to management require PHAs to develop and manage developments in accordance with applicable statutes and regulations, as amended, to prepare an operating budget annually and to expend funds only in accordance with that budget.
The PHA Plan process is a major development that should assist tenants in having a say in PHA management practices. For the sake of “local accountability” and to have PHA policies easily accessible to public housing residents and the public in general, every PHA is required to submit to HUD both Annual and Five-Year plans. The Five-Year Plan must describe the PHA’s mission, goals, and objectives. Subsequent Annual Plans must address the progress that the PHA has made regarding the goals set in the Five-Year Plan.162
The regulatory provisions governing the development of new public housing units require PHAs to develop a statement of all policies and practices that will be used in occupancy and operation. These policies must contribute to an objective of ending the social and economic isolation of low-income people and promoting their economic independence.163 There are no other regulatory provisions regarding good management practices.164
Previously, HUD established a certification requirement for managers and assistant managers of public housing developments.165 HUD, however, removed this section of the regulations in 1995, on the ground that it was unnecessary.166 Significantly, HUD still makes available the Public Housing Manager Certification Program Handbook.167 If poor management practices and policies are an issue, the qualifications of the managers and assistant managers sho
Some of the options available to enforce a PHA’s management responsibilities include participating in the PHA Plan Process, making complaints to the PHA’s board of directors, seeking administrative relief from HUD and litigation. The grievance procedure is also available for individual tenant complaints regarding poor management. See infra Chapter 10.
PHAs are ordinarily created by state law, and the authorizing legislation usually places the responsibility on the PHA board to oversee management actions.168 Whether a PHA board will be responsive to residents’ concerns about management will vary from jurisdiction to jurisdiction. Some boards and directors are responsive. When they are, complaints should be taken directly to them. The meetings of the board can provide a public forum for airing tenant complaints.
Issues of poor management could be addressed by changing from PHA management to management by another entity. However, there is no guarantee.
If tenants are unable to secure an effective response concerning management problems from the PHA board or management, an alternative is to seek administrative relief from HUD.
As noted above, HUD may take action to place a PHA into receivership by administrative action or by court order.190 Residents or others may also seek receivership.
There are two major management issues for the Section 8 tenant-based housing program. One is the management of the housing unit by the owner and the other is the management of the Section 8 tenant-based program by the PHA. The Voucher program is subject to the PHA Plan process.202 As a result, management issues relating to the Voucher program could be raised and resolved in that process.
The owner of a unit receiving a subsidy under the Voucher program is responsible for “performing all management and functions for the assisted unit.”203 Therefore, the owner is responsible for selecting the tenant; maintaining the unit; complying with equal opportunity requirements; providing information to the PHA; collecting security deposits, the tenant’s share of the rent and any charges for damages; enforcing tenant obligations under the lease and payment of any applicable utility bills.204
HUD uses the Section 8 Management Assessment Program (SEMAP) to measure PHA performance with respect to the Section 8 tenant-based program. SEMAP, like its public housing counterpart, PHAS (see supra § 7.6.2.1), contains a series of carrots and sticks to motivate PHAs to competently manage their tenant-based assistance programs.205
PHAs receive an administrative fee from HUD for the cost of administering the Voucher program, including assisting voucher families to secure housing, conducting Housing Quality Standards (HQS) inspections and terminating families. These fees are in addition to the funds made available to PHAs for housing assistance payments to landlords to cover a portion of tenants’ rent.
The National Housing Act sets out the obligations of Section 236 and Section 221(d)(3) owners to manage their developments properly. The Section 221(d)(3) legislation includes a provision requiring that all owners eligible for mortgages insured under that section be regulated by the Secretary of HUD as to methods of operation that will effectuate the purposes of the statute.232 Such regulation may be by Regulatory Agreement or otherwise as the Secretary determines.
To address financial and physical conditions at HUD-funded developments, HUD established the Real Estate Assessment Center (REAC) and the Departmental Enforcement Center (DEC), both located in the HUD Central Office. The REAC is responsible for evaluating the financial and physical condition of all the public and assisted housing developments funded by HUD. The DEC is responsible for taking aggressive action against troubled assisted housing developments that fail the financial and physical inspections standards.241
Other management standards are set out in the Regulatory Agreements that bind owners under the Section 236 and Section 22l(d)(3) programs.251 Each of those agreements contains clauses requiring the development to be managed in a manner that is satisfactory to HUD and requiring HUD approval of management contracts. The management contracts must also give HUD the power to terminate them at will.
When working on problems in poorly managed HUD-subsidized housing, there are a number of options to consider in selecting appropriate remedies. In almost any case, the essential ingredient for improving poor management will be a group of organized tenants with a clear picture of the major problems and the desired remedies. The first option is appealing directly to the management company and the owners for necessary management improvements.