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Procedures Guide for the Section 8 Housing Choice Voucher and

VIEWS: 103 PAGES: 374

  • pg 1
									 Procedures Guide
  Housing Choice Voucher and
Moderate Rehabilitation Programs
   MaineHousing Mission Statement

 The mission of the Maine State Housing
  Authority is to assist Maine people to
     obtain and maintain decent, safe,
 affordable housing and services suitable
to their unique housing needs. In carrying
   out this mission, MaineHousing will
 provide leadership, maximize resources,
and promote partnerships to develop and
     implement sound housing policy.
       Section 8 Procedures Guide - Table of Contents

SECTIONS:                                     App D    Transitional Housing &
Intro MaineHousing Mission Statement                  SuperNofa Listings
01    HCV Program Key Steps - Chart           App E   FMR & VPS - 2009
02    Introduction to Policies
03    Introduction to Programs
04    Special Purpose Funding
05    Special Housing Types
06    Eligibility for Admission
07    Applying for Admission
08    Waiting Lists
09    Voucher Issuance & Briefings
10    VAWA
11    Subsidy Standards
12    Family Changes
13    Reasonable Accommodations
14    Lease Ups; Changing Units
      (w/same Agent)
15    Portability
16    MaineHousing Agent Transfers
17    Family Screening
18    Denial of Assistance
19    Termination of Assistance
20    Informal Reviews & Informal
      Hearings
21    Family or Owner Debt
22    Voucher Terms, Extensions &
      Restrictions
23    Owners
24    HQS Inspections
25    Fair Market Rents & Voucher
      Payment Standards
26    Reasonable Rent
27    Annuals & Interims
28    Verifications
29    Record Retention
30    Project Based Vouchers
31    Family Self-Sufficiency Program
32    Homeownership Voucher Option
33    Moderate Rehabilitation Program

APPENDICES:
App A Definitions
App B Websites
App C Forms UNDER CONSTRUCTION



Revised 7-1-10                          -1-
        MAINEHOUSING’S EQUAL ACCESS GRIEVANCE PROCEDURE

MaineHousing has adopted the following grievance procedure to provide for the prompt and equitable
resolution of complaints alleging any action prohibited by applicable equal access laws and regulations.

        A.      Complaint. A grievant must submit the complaint to MaineHousing’s Equal Access
        Coordinator as soon as possible but no later than 60 calendar days after the alleged violation.
        MaineHousing’s Equal Access Coordinator is Louise Patenaude and complaints may be
        forwarded to her at MaineHousing, 353 Water Street, Augusta, Maine 04330-4633, telephone:
        (207) 626-4600 or 1-800-452-4668 (voice) or 1-800-452-4603 (TTY). Complaints should be in
        writing and include the name and address of the grievant, a complete description of the facts
        surrounding the alleged violation, and the remedy sought. Alternative means of filing
        complaints, such as personal interviews or tape recordings, are available upon request.

        B.     Investigation. The Equal Access Coordinator or the Equal Access Coordinator’s
        designee will conduct an investigation of the complaint. If the complaint names an individual as
        the responsible party, that individual (the respondent), will receive a copy of the complaint
        without the grievant’s address.

        C.      Informal Conference. The Equal Access Coordinator or the Equal Access
        Coordinator’s designee will expeditiously schedule an informal conference between the grievant
        and the grievant’s representative, if any, and the Equal Access Coordinator or the Equal Access
        Coordinator’s designee. The informal conference shall be designed to allow the grievant, and
        the grievant’s representative, if any, an opportunity to fully explain the nature of the complaint
        and the remedy sought. The informal conference may be conducted by telephone or another
        equally effective method of communication to accommodate the grievant. The Equal Access
        Coordinator or the Equal Access Coordinator’s designee may contact any other individuals who
        may have information relevant to the complaint.

        D.      Equal Access Coordinator’s Written Decision. The Equal Access Coordinator or the
        Equal Access Coordinator’s designee shall endeavor to issue a written decision on the
        complaint and a description of the remedy, if any, with copies to the grievant and respondent
        within 30 calendar days after the date of the informal conference.

        E.      Appeal of Equal Access Coordinator. The grievant or respondent may appeal the
        decision of the Equal Access Coordinator or the Equal Access Coordinator’s designee to
        MaineHousing’s Director within 20 calendar days after the decision is issued. The appeal should
        be in writing. Alternative means of filing appeals, such as personal interviews or tape
        recordings, are available upon request.

        F.      Director’s Final Written Decision. The Director will expeditiously provide the
        grievant and respondent with a written decision on the appeal.

        G.       Maintenance of Records. The Equal Access Coordinator or the Equal Access
        Coordinator’s designee shall maintain the complaint files for a minimum of two years from the
        date a final decision is issued.


Maine State Housing Authority                                                             Page 1 of 34
Equal Access Handbook (04/06/09)
MaineHousing’s grievance procedure does not preclude other avenues of redress for the grievant. The
grievant may pursue other remedies, such as filing a complaint with the Maine Human Rights
Commission and appropriate federal agencies. Retaliation in any form for the filing of a grievance, the
reporting of instances of discrimination, or any participation in the grievance procedure is prohibited
and will not be tolerated by MaineHousing.

This document is available in alternative formats. Individuals who need auxiliary aids for effective
communication are encouraged to make their needs and preferences known to the MaineHousing’s
Equal Access Coordinator.

XII. MAINEHOUSING’S  PARTNERS    AND   CONTRACTORS:                                        ENSURING
COMPLIANCE WITH EQUAL ACCESS REQUIREMENTS

        A.      General requirement. When MaineHousing delivers services to the public by using
        outside agencies or contractors, MaineHousing must make sure that these entities are acting in
        compliance with the law as it applies to MaineHousing. For example, Section 504 and the ADA
        require MaineHousing to deliver its programs at accessible sites; to use appropriate auxiliary
        communication aids when required; and, if upon sufficient notice, provide written materials in
        alternative formats. These same obligations apply to partners and contractors when they are
        carrying out MaineHousing functions.

        B.       Ways to Encourage Partner and Contractor Equal Access Compliance

                 1.     Contract Assurances. Contracts should include assurances that partners and
                 contractors understand their obligation to comply with all applicable fair housing, equal
                 opportunity, and equal access requirements, including the duty to reasonably
                 accommodate persons with disabilities and persons with limited English proficiency.

                 2.      On Site Visits to Assure Compliance with Physical Accessibility
                 Requirements. As MaineHousing’s office building and employee spaces must be
                 physically accessible, so must the offices of MaineHousing’s partners and contractors.

                 All public and common use areas at housing developments, including rental offices,
                 must be accessible whether or not the owners or operators are federally assisted or
                 public entities.

                 3.      Monitoring Compliance of FedHOME Affirmative Marketing
                 Requirements. Owners and managers with 5 or more HOME-assisted housing units in
                 a project are required to develop and implement affirmative marketing plans which
                 show the steps they will take to reach individuals least likely to apply for housing
                 without special outreach. Affirmative marketing efforts include use of commercial
                 media, use of community contacts, use of an equal opportunity logo or statement, and
                 display of Fair Housing posters. HUD also requires that HUD-assisted housing
                 programs compile beneficiary data showing the extent to which members of certain
                 protected classes are beneficiaries of HUD programs.

                 The following steps help insure partners and contractors meet their compliance
                 requirements:

Maine State Housing Authority                                                             Page 2 of 34
Equal Access Handbook (04/06/09)
                          a.      Developers are notified in the application process of the affirmative
                          marketing requirement and mortgage documents require developers to comply
                          with affirmative marketing and equal access laws.

                          b.       Developers, owners, and managers are required to develop and follow
                          an affirmative marketing plan to solicit tenant applications from those least
                          likely to apply. Advertising of vacant units requires use of the equal opportunity
                          slogan, logo or statement.

                          c.      Owners and managers are required to maintain records of tenant
                          applications submitted by prospective tenants that identify applicants by race,
                          ethnicity, and gender group. MaineHousing audits these records based on HUD
                          standards.

                          d.     Owners and managers must retain copies of all advertisements and make
                          them available to MaineHousing upon request.

                          e.     Owners and managers must display Fair Housing posters in their office
                          and common areas.

                 4.      Monitoring Compliance of the Physical Accessibility Requirements
                 Applicable to Multifamily Housing Projects. MaineHousing must ensure that the
                 multifamily housing projects it finances are designed and constructed in accordance
                 with all applicable accessibility standards. Multifamily housing projects will often be
                 subject to multiple accessibility requirements. This is particularly true if the project
                 receives federal or state financial assistance. See Section IX of this handbook for
                 discussion of federal and state accessibility requirements.

                 When two or more accessible standards apply, the housing provider is required to apply
                 all standards so that the maximum accessibility is obtained.

                 To assure MaineHousing’s partners and contractors comply with all applicable
                 accessibility requirements, the following compliance actions should be taken:

                          a.      At pre-application and award, developers of MaineHousing-financed
                          multifamily projects must be informed of accessibility requirements, including, if
                          applicable, their obligation to build the required number of Section 504 and
                          Maine compliant dwelling units.

                          b.     Prior to construction of MaineHousing financed projects, the
                          developer’s plans are reviewed to ensure compliance with accessibility
                          requirements, including plans to construct Section 504 and Maine compliant
                          units.

                          c.      Prior to construction of MaineHousing financed projects, builders must
                          receive certification from a design professional that their plans meet applicable
                          accessibility requirements.


Maine State Housing Authority                                                               Page 3 of 34
Equal Access Handbook (04/06/09)
                          d.     Appropriate documentation of MaineHousing’s compliance efforts such
                          as contract assurances, building certifications, and related correspondence are
                          maintained.

                 5.     Monitoring Compliance with MaineHousing’s Affirmative Action Plan
                 for Development of Multifamily Housing. Pursuant to applicable economic
                 opportunity requirements, MaineHousing developed an affirmative action plan for
                 programs which make financing available for the acquisition, rehabilitation, and
                 construction of affordable multifamily housing in Maine. The plan identifies equal
                 opportunity and affirmative action policies and goals for applicants, developers, project
                 owners, contractors, subcontractors, and other persons or entities that benefit from
                 MaineHousing’s multifamily programs. Major components of the Plan include:

                          a.      On-the-Job Training Requirement. Traditionally there have been
                          few, if any, women, minorities, and persons with disabilities employed in the
                          segment of the construction industry that rehabilitates and constructs
                          MaineHousing-financed multifamily housing. In light of this deficiency, all
                          construction contracts between a project owner and a contractor (including a
                          construction manager) for the construction or rehabilitation of multifamily
                          housing financed by MaineHousing in an amount of at least $1,000,000 or more,
                          are required to provide for on-the-job training in a skilled trade or technical area
                          for women and minorities.

                          b.       Outreach Efforts to Women and Minority-Owned Businesses.
                          Certain federal equal access and affirmative action laws require recipients of
                          federal funding to provide job training, employment and contracting
                          opportunities to women- and minority-owned businesses to the greatest extent
                          possible. Accordingly, all developers, applicants and contractors are required to
                          solicit construction (including construction management) and other bids from
                          women and minority-owned businesses involved in the construction of
                          multifamily housing in Maine.

                          c.     Outreach Efforts to Women and Minorities. All applicants,
                          developers, contractors and subcontractors are required to post all employment
                          opportunities within their businesses or organizations with Maine Career
                          Centers and Women Unlimited or any successor organization designated by
                          MaineHousing.

                          d.      Section 3 - Outreach Efforts to Low Income Persons. The purpose
                          of Section 3 of the HUD Act of 1968, as amended, (“Section 3”) is to ensure
                          that employment and other economic opportunities generated by federal
                          financial assistance for housing and community development programs is “to
                          the greatest extent feasible” directed toward low-income persons (defined as
                          persons with income at or below 80% of area median income as determined by
                          HUD). Section 3 goals state that 30% of new hires should be low-income
                          persons, 10% of the total dollar amount of contracts for building trades, and at
                          least 3% of the total amount of all other contracts associated with the
                          construction or rehabilitation of a multifamily housing project should be

Maine State Housing Authority                                                                Page 4 of 34
Equal Access Handbook (04/06/09)
                          directed to low-income businesses or businesses that employ substantial
                          numbers of low-income individuals.

                          Section 3’s employment and contracting goals apply to MaineHousing by virtue
                          of its distinction as a “participating jurisdiction” under HUD programs and to
                          contracts of $100,000 or more for work arising from a Section 3 covered
                          project. A “Section 3 covered project” is any new construction or rehabilitation
                          project which receives $200,000 or more in funding from HUD programs such
                          as HOME, McKinney, Section 811 (housing for persons with disabilities),
                          Section 202 (senior housing), or HUD’s Multifamily Mortgage program. This
                          threshold is met if the project receives $200,000 or more from one funding
                          source or a combination of the sources listed.

                          e.       Bid Requirements. All bid packages for the construction and
                          rehabilitation of multifamily housing financed by MaineHousing must set forth
                          the above requirements. MaineHousing is flexible with respect to how the on-
                          the-job training requirements are set forth in the bid package. Contractors
                          (including construction managers) must consult with the MaineHousing
                          construction analyst assigned to the project to determine whether to include the
                          general requirements or specify how the on-the-job training requirements will be
                          satisfied in the bid package.
.
                          f.       Ensuring partner and contractor compliance with economic
                          opportunity requirements. HUD places the burden of proving compliance
                          with Section 3 and the minority and women business outreach requirements on
                          the participating jurisdiction. HUD evaluates a participating jurisdiction on its
                          ability to describe specific efforts taken to meet the hiring and contracting goals
                          and if the goals are not met, the reasons why meeting the goals is not feasible.

                          g.       Partners and contractors of covered projects must:

                                   i.     prior to receiving a financial commitment from MaineHousing,
                                   provide evidence of their outreach efforts prior to issuing a financing
                                   commitment under MaineHousing’s programs. This might include
                                   copies of direct mail solicitations, formal advertisements, flyers or
                                   brochures about meetings, sign-in lists at job fairs, and agendas or
                                   meeting notes from meetings with contractors.

                                   ii.    maintain documentation of actual Section 3 hiring and all
                                   contracting activity such as reports from contractors and copies of
                                   executed contracts.

                                   iii. maintain documentation of on-the-job training provided to
                                   women and minorities for projects of at least $1,000,000.

                 6.       Display of the Equal Housing Opportunity/Equal Housing Opportunity
                 Lender and Equal Employment Posters. MaineHousing is required to prominently
                 display the Equal Housing Opportunity poster in public areas of its Water Street office
                 (i.e. lobby area, corridors) so as to be visible to members of the public seeking housing-
Maine State Housing Authority                                                               Page 5 of 34
Equal Access Handbook (04/06/09)
                 related services. Lending partners may display either the Equal Housing Opportunity or
                 Equal Housing Lender posters. All other MaineHousing partners must display the
                 Equal Housing Opportunity posters at their places of business.

                 7.      Monitoring Compliance of Partners and Contractors that Receive Federal
                 Financial Assistance and Employ 15 or More Persons with the Equal Access
                 Administrative Requirements. Under Section 504 and the ADA, recipients of federal
                 financial assistance with 15 or more employees are required to (1) regularly notify the
                 public of their nondiscrimination policy, (2) establish an internal grievance procedure to
                 handle equal access complaints, and (3) appoint an employee to coordinate compliance
                 with applicable equal access laws.

XIII. STAFF TRAINING

The education and training of staff is important to ensure that employees understand MaineHousing’s
equal access responsibilities and can properly apply policies, practices and procedures. The orientation
of new employees includes education on MaineHousing’s equal access legal obligations. Supervisors
should encourage their staff to read this handbook and use it as a resource. From time to time,
MaineHousing offers equal access training to employees. Employees are encouraged to seek additional
training opportunities.




Maine State Housing Authority                                                              Page 6 of 34
Equal Access Handbook (04/06/09)
   Section 01 - HCV Program Key Steps

                                  Application
                  Start here:

                                   Wait List
                                   Selection

                                   Eligibility
                                 Determination

                                   Briefing /
                                 Issue Voucher


                                  Housing Unit                MH determines whether
                                    Search                      to extend voucher
                                                                 beyond 60 days


                                Family & Owner            - Voucher expires.
                                                    MH DOES NOT EXTEND:

                                  sign RFTA               - Family may reapply to WL

Owner does not                  Family submits
correct; family                 RFTA and Lease
seeks new unit                      to MH
                     UNIT

Owner corrects;
                     FAILS

   Requests                      HQS Inspection
 re-inspection
                     UNIT

                                MH approves rent
                    PASSES

                                   & subsidy

                                  HAP contract,
                                lease and related
                                   documents
                                    prepared

                                 MH and Owner
                                  execute HAP
                                    contract



                                                      Owner and family
                                                       execute lease


                                Payment Begins
       Section 02 – Introduction to Policies

The purpose of this procedural guide is to outline the operational procedures to implement
the policies in its Administrative Plan for which Maine State Housing Authority
(“MaineHousing”) has discretion in the operation of its Section 8 Housing Choice Voucher
Program (“Voucher Program”) and Project-Based Voucher Program (“PBV Program”)(each
a “Program” and collectively, the “Programs”). These procedures cover discretionary
policies, referencing but not repeating, HCV Federal Regulations. This procedural guide is
to be used in conjunction with HUD regulations, handbooks and other directives. To the
extent that anything in the Plan contradicts Federal law or regulations, now existing or
hereafter amended from time to time, the Federal law or regulation shall take precedence.

If you have any Program questions, please contact your Program Officer or Maureen Brown
at 353 Water Street, Augusta, Maine 04330-4633, Telephone Number (207) 626-4600
(voice), 1-800-452-4668 (voice in-state only), 1-800-452-4603 (TTY in-state only), or (207)
623-2985 (TTY).

MaineHousing’s Equal Access Policy
MaineHousing does not discriminate on the basis of race, color, religion, sex, sexual
orientation, national origin, ancestry, age, physical or mental disability, or familial status in
the admission or access to, or treatment or employment in, its programs and activities.
MaineHousing will provide appropriate communication auxiliary aids and services upon
sufficient notice. MaineHousing will also provide this document in alternative formats upon
sufficient notice. MaineHousing has designated the following person responsible for
coordinating compliance with applicable federal and state nondiscrimination requirements
and addressing grievances: Mary Darling, Maine State Housing Authority, 353 Water Street,
Augusta, Maine 04330-4633, Telephone Number 1-800-452-4668 (voice in state only), (207)
626-4600 (voice), 1-800-452-4603 (TTY in state only), or (207) 623-2985 (TTY).

Illegal Discrimination
MaineHousing provides assistance to applicants and Participants claiming illegal
discrimination by printing the equal housing logo or slogan on all outreach information;
posting equal housing posters in all offices; assisting applicants and Participants in
completing appropriate paperwork; and referring Families experiencing problems to the
Human Rights Commission or other legal services.

Who Administers the Programs
Pursuant to an agreement between MaineHousing and local housing authorities, local
housing authorities have exclusive jurisdiction to administer the Voucher Program in the
municipalities in which they are located and contiguous municipalities. The agreement
provides that MaineHousing has concurrent jurisdiction with local housing authorities in
areas that are within a ten mile radius of municipalities in which local housing authorities are
located but not in contiguous municipalities. MaineHousing has exclusive jurisdiction to
administer the Voucher Program in the balance of the State of Maine.




                                         -1-
For wait list administering , except for the towns with their own housing authorities, as
well as all other towns, MaineHousing’s jurisdiction will also include the contiguous
towns to the other housing authorities.

A family who does not live in MaineHousing’s jurisdiction at the time they apply and go on a
MaineHousing Wait List must lease a unit within MaineHousing’s jurisdiction for 12 months.
After that time, they may port out.

         Wait List Jurisidiction Flowchart
         From MaineHousing's Perspective
                                     Depending on where the tenant lives
                                         at the time they apply to a
                                          MaineHousing Wait List:

               Living In…                                  Living In…Living In…
                  Contiguous towns to a local housing
                               authority,                              A town/city that has a housing authority
                                 OR
                     in MaineHousing's Jurisdiction.




                Having obtained a MaineHousing voucher,               Having obtained a MaineHousing voucher,
                 The family can go wherever they want                       the familyt cannot live in the
                                                                          town/city with a housing authority




                The family moves to PHA city/town, or to               The family moves into MaineHousing's
                            contiguous town                                         jurisdiction


                                                                                                         Utilizes MaineHousing voucher
                  MaineHousing Agent must port them                                                          (for at least one year)
                         to the appropriate PHA

                                                                        The family remains in PHA city/town

                                                                                                         Loses MaineHousing voucher

                                                                       The family moves to a contiguous town
                                                                               (for at least one year)

                                                                                                   MaineHousing Agent must port them
                                                                                                            to the appropriate PHA




MaineHousing may subcontract with Agents throughout the State of Maine to administer
the Voucher Program. Agents must comply with this Plan; if, however, the subcontracting
Agent is a local housing authority and the Unit being administered is in the local housing
authority’s exclusive jurisdiction, the Agent may use its own HUD-approved administrative
plan. For some counties MaineHousing is the administrative Agent.




                                                       -2-
MaineHousing Agents by County:
Aroostook County Action Program (ACAP)
P.O. Box 1116, 771 Main Street, Presque Isle, ME 04769
Tele: 1-800-432-7881 or 207/768-3023
Fax: 207/768-3021
Voice/TTY: 207/764-3721

MaineHousing Direct (MHDirect)                                                                      ACAP
                                                                                                  Aroostook
353 Water Street, Augusta, ME 04330-4633
Tele: 1-866-357-4853 or 207/624-5789
Fax: 207/624-5713
Voice/TTY: 1-800-452-4603

PENQUIS
PO Box 1162, 262 Harlow St, Bangor 04401                                                Penquis
Tele: 1-888-424-0151 or 207/973-3500                                                   Piscataquis

Fax: 207/973-3699
Voice/TTY: 207/973-3520

Washington-Hancock Community Action (WHCA)                                 MHDirect
                                                                           Somerset                     Penquis
P. O. Box 299, US Route 1, Bucksport Road,                                                             Penobscot
Ellsworth, ME 04605
Tele: 1-800-828-7544 or 207/664-2424                            MHDirect                                                 WHCA
Fax: 207/664-2430                                               Franklin                                                Washington
Voice/TTY: 1-800-339-9422
                                                                                                               WHCA
AVESTA Housing                                                                                                Hancock
For York/Cumberland:                                           Avesta           MHDirect   Penquis
30 South Street, Saco, ME 04072                                Oxford           Kennebec    Waldo

Tele: 1-888-294-3551 or 207/282-0032
Fax: 207/283-8671                                                      Avesta             Penquis
                                                                    Androscoggin MHDirect Knox
For Androscoggin/Oxford:                                                          Lincoln
295 Lake Road, Norway, ME 04268                                     Avesta
Tele: 1-800-521-6003 or 207/744-4046                              Cumberland

Fax: 207/744-4049                                                                     MHDirect
                                                               Avesta                 Sagadahoc
                                                                York




MaineHousing may subcontract with local housing authorities to administer the PBV
Program within municipalities where the local housing authorities are located and in
contiguous municipalities or with other Agents. Subcontracting local housing authorities
and other Agents must administer the PBV Program in compliance with applicable
provisions of this Plan.


                           CONTIGUOUS TOWNS SERVED BY
                                      LOCAL PHA’S
                           (Does not apply to Wait List Jurisdiction
                Acton                    Sanford Housing Authority
                Alfred                   Sanford Housing Authority
                Alton                    Old Town Housing Authority
                Argyle                   Old Town Housing Authority
                Arrowsic                 Bath Housing Authority
                Arundel                  Biddeford Housing Authority
                Auburn                   Auburn Housing Authority
                Augusta                  Augusta Housing Authority
                Bangor                   Bangor Housing Authority




                                           -3-
Bar Harbor            MDI & Ellsworth Housing Authorities
Bath                  Bath Housing Authority
Biddeford             Biddeford Housing Authority
Blue Hill             MDI & Ellsworth Housing Authorities
Bradley               Housing Authority City of Old Town
Brewer                Brewer Housing Authority
Brooklin              MDI & Ellsworth Housing Authorities
Brunswick             Brunswick Housing Authority
Buxton                Saco Housing Authority
Cape Elizabeth        South Portland Housing Authority
Caribou               Caribou Housing Authority
Chapman               Presque Isle Housing Authority
Chelsea               Augusta Housing Authority
Connor                Caribou Housing Authority
Cranberry Isles       MDI & Ellsworth Housing Authorities
Cumberland            Portland Housing Authority
Cyr Plantation        Van Buren Housing Authority
Dayton                Saco Housing Authority
Dedham                MDI & Ellsworth Housing Authorities
Durham                Brunswick Housing Authority
Easton                Fort Fairfield Housing Authority
Eddington (East)      Brewer Housing Authority
Ellsworth             MDI & Ellsworth Housing Authorities
Falmouth              Portland Housing Authority
Fort Fairfield        Fort Fairfield Housing Authority
Freeport              Brunswick Housing Authority
Frenchboro            MDI & Ellsworth Housing Authorities
Glenburn              Bangor Housing Authority
Gorham                Westbrook Housing Authority
Gouldsboro            MDI & Ellsworth Housing Authorities
Grand Isle            Van Buren Housing Authority
Greene                Lewiston Housing Authority
Hallowell             Augusta Housing Authority
Hampden               Bangor Housing Authority
Hamlin                Van Buren Housing Authority
Hancock               MDI & Ellsworth Housing Authorities
Harpswell             Brunswick Housing Authority
Hermon                Bangor Housing Authority
Holden/East Holden    Brewer Housing Authority
Hudson                Housing Authority City of Old Town
Kennebunkport         Biddeford Housing Authority
Lamoine               MDI & Ellsworth Housing Authorities
Lebanon               Sanford Housing Authority
Lewiston              Lewiston Housing Authority
Limestone             Caribou Housing Authority
Lisbon/Lisbon Falls   Lewiston Housing Authority
Long Island           Portland Housing Authority
Lyman                 Biddeford Housing Authority
Manchester            Augusta Housing Authority
Mapleton              Presque Isle Housing Authority
Mariaville            MDI & Ellsworth Housing Authorities
Mechanic Falls        Auburn Housing Authority
Milford               Housing Authority City of Old Town
Minot                 Auburn Housing Authority
N. Berwick            Sanford Housing Authority
New Gloucester        Auburn Housing Authority
New Sweden            Caribou Housing Authority
Oakland               Waterville Housing Authority
Old Orchard Beach     Saco Housing Authority
Old Town              Old Town Housing Authority
Orland                MDI & Ellsworth Housing Authorities
Orono                 Old Town Housing Authority
Orrington             Brewer Housing Authority
Otis                  MDI & Ellsworth Housing Authorities
Phippsburg            Bath Housing Authority




                       -4-
Poland             Auburn Housing Authority
Portland           Portland Housing Authority
Presque Isle       Presque Isle Housing Authority
Sabattus           Lewiston Housing Authority
Saco               Saco Housing Authority
Sanford            Sanford Housing Authority
Scarborough        So Portland Housing Authority
Sidney             Waterville Housing Authority
Sorrento           MDI& Ellsworth Housing Authorities
South Portland     South Portland Housing Authority
Southwest Harbor   MDI & Ellsworth Housing Authorities
Springvale         Sanford Housing Authority
Surry              MDI & Ellsworth Housing Authorities
Swans Island       MDI & Ellsworth Housing Authorities
T8 SD              MDI & Ellsworth Housing Authorities
Topsham            Brunswick Housing Authority
Tremont            MDI & Ellsworth Housing Authorities
Trenton            MDI & Ellsworth Housing Authorities
Turner             Auburn Housing Authority
Van Buren          Van Buren Housing Authority
Vassalboro         Augusta Housing Authority
Veazie             Old Town Housing Authority
Waltham            MDI & Ellsworth Housing Authorities
Washburn           Presque Isle Housing Authority
Waterville         Waterville Housing Authority
Wells              Sanford Housing Authority
West Bath          Bath Housing Authority
Westbrook          Westbrook Housing Authority
Westfield          Presque Isle Housing Authority
Whitefield         Augusta Housing Authority
Windham            Westbrook Housing Authority
Windsor            Augusta Housing Authority
Winslow            Waterville Housing Authority
Winter Harbor      MDI & Ellsworth Housing Authorities
Woolwich           Bath Housing Authority
York               York Housing Authority




                    -5-
       Section 03 - Introduction to Programs

Housing Choice Vouchers

What are housing choice vouchers?
The housing choice voucher program is the federal government's major program for
assisting very low-income families, the elderly, and the disabled to afford decent, safe, and
sanitary housing in the private market. Since housing assistance is provided on behalf of the
family or individual, participants are able to find their own housing, including single-family
homes, townhouses and apartments.

The participant is free to choose any housing that meets the requirements of the program
and is not limited to units located in subsidized housing projects.

Housing choice vouchers are administered locally by public housing agencies (PHAs). The
PHAs receive federal funds from the U.S. Department of Housing and Urban Development
(HUD) to administer the voucher program.

A family that is issued a housing voucher is responsible for finding a suitable housing unit of
the family's choice where the owner agrees to rent under the program. This unit may include
the family's present residence. Rental units must meet minimum standards of health and
safety, as determined by the PHA.

A housing subsidy is paid to the landlord directly by the PHA on behalf of the participating
family. The family then pays the difference between the actual rent charged by the landlord
and the amount subsidized by the program. Under certain circumstances, if authorized by
the PHA, a family may use its voucher to purchase a modest home.

Am I eligible?
Eligibility for a housing voucher is determined by the PHA based on the total annual gross
income and family size and is limited to US citizens and specified categories of non-citizens
who have eligible immigration status. In general, the family's income may not exceed 50% of
the median income for the county or metropolitan area in which the family chooses to live.
By law, a PHA must provide 75 percent of its vouchers to applicants whose incomes do not
exceed 30 percent of the area median income. Median income levels are published by HUD
and vary by location. The PHA serving your community can provide you with the income
limits for your area and family size.

During the application process, the PHA will collect information on family income, assets,
and family composition. The PHA will verify this information with other local agencies, your
employer and bank, and will use the information to determine program eligibility and the
amount of the housing assistance payment.




Revised: 8-10-10                             -1-
If the PHA determines that your family is eligible, the PHA will put your name on a waiting
list, unless it is able to assist you immediately. Once your name is reached on the waiting list,
the PHA will contact you and issue you a housing voucher.

How do I apply?
If you are interested in applying for a voucher, contact the local PHA. For further assistance,
please contact the HUD Office nearest to you.

Local preferences and waiting list - what are they and how do they affect me?
Since the demand for housing assistance often exceeds the limited resources available to
HUD and the local housing agencies, long waiting periods are common. In fact, a PHA may
close its waiting list when it has more families on the list than can be assisted in the near
future.

PHAs may establish local preferences for selecting applicants from its waiting list. For
example, PHAs may give a preference to a family who is (1) homeless or living in
substandard housing, (2) paying more than 50% of its income for rent, or (3) involuntarily
displaced. Families who qualify for any such local preferences move ahead of other families
on the list who do not qualify for any preference. Each PHA has the discretion to establish
local preferences to reflect the housing needs and priorities of its particular community.

Housing Choice Vouchers - How do they function?
The housing choice voucher program places the choice of housing in the hands of the
individual family. A very low-income family selected by the PHA to participate is encouraged
to consider several housing choices to secure the best housing for the family needs. A
housing voucher holder is advised of the unit size for which it is eligible based on family size
and composition.

The housing unit selected by the family must meet an acceptable level of health and safety
before the PHA can approve the unit. When the voucher holder finds a unit that it wishes to
occupy and reaches an agreement with the landlord over the lease terms, the PHA must
inspect the dwelling and determine that the rent requested is reasonable.

The PHA determines a payment standard that is the amount generally needed to rent a
moderately-priced dwelling unit in the local housing market and that is used to calculate the
amount of housing assistance a family will receive. However the payment standard does not
limit and does not affect the amount of rent a landlord may charge or the family may pay. A
family which receives a housing voucher can select a unit with a rent that is below or above
the payment standard. The housing voucher family must pay 30% of its monthly adjusted
gross income for rent and utilities, and if the unit rent is greater than the payment standard
the family is required to pay the additional amount. By law, whenever a family moves to a
new unit where the rent exceeds the payment standard, the family may not pay more than 40
percent of its adjusted monthly income for rent.

The rent subsidy




Revised: 8-10-10                              -2-
The PHA calculates the maximum amount of housing assistance allowable. The maximum
housing assistance is generally the lesser of the payment standard minus 30% of the family's
monthly adjusted income or the gross rent for the unit minus 30% of monthly adjusted
income.

Can I move and continue to receive housing choice voucher assistance?
A family's housing needs change over time with changes in family size, job locations, and for
other reasons. The housing choice voucher program is designed to allow families to move
without the loss of housing assistance. Moves are permissible as long as the family notifies
the PHA ahead of time, terminates its existing lease within the lease provisions, and finds
acceptable alternate housing.

Under the voucher program, new voucher-holders may choose a unit anywhere in the
United States if the family lived in the jurisdiction of the PHA issuing the voucher when the
family applied for assistance. Those new voucher-holders not living in the jurisdiction of the
PHA at the time the family applied for housing assistance must initially lease a unit within
that jurisdiction for the first twelve months of assistance. A family that wishes to move to
another PHA's jurisdiction must consult with the PHA that currently administers its housing
assistance to verify the procedures for moving.

Roles - The Tenant, the Landlord, the Housing Agency and HUD
Once a PHA approves an eligible family's housing unit, the family and the landlord sign a
lease and, at the same time, the landlord and the PHA sign a housing assistance payments
contract that runs for the same term as the lease. This means that everyone -- tenant,
landlord and PHA -- has obligations and responsibilities under the voucher program.

       Tenant's Obligations: When a family selects a housing unit, and the PHA approves
       the unit and lease, the family signs a lease with the landlord for at least one year. The
       tenant may be required to pay a security deposit to the landlord. After the first year
       the landlord may initiate a new lease or allow the family to remain in the unit on a
       month-to-month lease.

       When the family is settled in a new home, the family is expected to comply with the
       lease and the program requirements, pay its share of rent on time, maintain the unit
       in good condition and notify the PHA of any changes in income or family
       composition.

       Landlord's Obligations: The role of the landlord in the voucher program is to
       provide decent, safe, and sanitary housing to a tenant at a reasonable rent. The
       dwelling unit must pass the program's housing quality standards and be maintained
       up to those standards as long as the owner receives housing assistance payments. In
       addition, the landlord is expected to provide the services agreed to as part of the
       lease signed with the tenant and the contract signed with the PHA.

       Housing Authority's Obligations: The PHA administers the voucher program
       locally. The PHA provides a family with the housing assistance that enables the



Revised: 8-10-10                             -3-
       family to seek out suitable housing and the PHA enters into a contract with the
       landlord to provide housing assistance payments on behalf of the family. If the
       landlord fails to meet the owner's obligations under the lease, the PHA has the right
       to terminate assistance payments. The PHA must reexamine the family's income and
       composition at least annually and must inspect each unit at least annually to ensure
       that it meets minimum housing quality standards.

       HUD's Role: To cover the cost of the program, HUD provides funds to allow
       PHAs to make housing assistance payments on behalf of the families. HUD also
       pays the PHA a fee for the costs of administering the program. When additional
       funds become available to assist new families, HUD invites PHAs to submit
       applications for funds for additional housing vouchers. Applications are then
       reviewed and funds awarded to the selected PHAs on a competitive basis. HUD
       monitors PHA administration of the program to ensure program rules are properly
       followed.

Additional Information and other subsidy programs
For additional information about the voucher program, contact either the local PHA serving
your community or the Office of Public Housing within your local HUD office. There may
be a long wait for assistance under the housing voucher program. If the PHA also
administers the public housing program, applicants for the housing choice voucher program
may also ask to be placed on the waiting list for the public housing program. HUD also
administers other subsidized programs and you may obtain a list of programs in your area
from the Office of Housing at your local HUD office.

What regulations cover this program?
Regulations are found in 24 CFR Part 982.


Moderate Rehabilitation Program

What is the moderate rehabilitation program?
The moderate rehabilitation program provides project-based rental assistance for low
income families. The program was repealed in 1991 and no new projects are authorized for
development. Assistance is limited to properties previously rehabilitated pursuant to a
housing assistance payments (HAP) contract between an owner and a Public Housing
Agency (PHA).

How can owners apply to the moderate rehabilitation program?
No new rehabilitation commitments are authorized under the Mod Rehab program.

What is the history of the moderate rehabilitation program?
The moderate rehabilitation (Mod Rehab) program was designed in 1978 to be an expansion
of the rental certificate program. The rental certificate program was initially amended to
permit moderate levels of rehabilitation to upgrade and preserve the nation's housing stock.




Revised: 8-10-10                            -4-
Although the rental certificate program stimulated maintenance of the housing stock (with
investment by owners averaging $1500 in repairs to meet the program housing quality
standards), it was estimated that at least 2.7 million rental units had deficiencies requiring a
moderate level of upgrading; approximately 85% of these units were in buildings of fewer
than 20 units. The Mod Rehab program was designed to upgrade that housing stock.

Who administers the moderate rehabilitation program?
The program is administered locally by PHAs.

What families are eligible to apply for the moderate rehabilitation program?
Low-income families (i.e. families with incomes below 50% of the average median income).

How are families selected for the moderate rehabilitation program?
Eligible families are placed on the PHA's housing choice voucher or separate Mod Rehab
waiting list. When vacancies occur in Mod Rehab projects, the PHA refers eligible families
for participation in the Mod Rehab program from its waiting list to owner. Owners select
families for occupancy of a particular unit after screening each family.

How much rent do families participating in the moderate rehabilitation program
pay?
The family pays 30% of its adjusted income towards the rent.

Which moderate rehabilitation projects are eligible for renewal?
Expiring HAP contracts covering units in multifamily housing projects are eligible for
renewal. A multifamily housing project is a property consisting of more than 4 dwelling units
that is covered in whole of in part by a contract for a project-based assistance under Section
8 of the United States Housing Act of 1937.

What regulations and other HUD directives cover this program?
Regulations are found at 24 CFR Part 882 Subpart D and E. PIH Notice 2001-13 covers
renewal of expiring moderate rehabilitation HAP contracts.

Change in Ownership
(See Section 11.10 Change in Ownership, HUD’s Housing Choice Voucher Program
Guidebook).

When an owner wishes to change ownership, the former and new owners must execute an
“Assignment Transfer Form” and supply to MaineHousing. This form serves to give
consent to MaineHousing to assign the HAP contract to the new owner, and demonstrates
the new owner agrees to comply with the terms of the HAP contract.

In the case the new owner wants to dissolve the HAP contract (does not want to enter the
HAP contract) the old lease is dissolved at the time of the property sale and the tenant(s) are
issued vouchers to move.




Revised: 8-10-10                               -5-
Dissolving the Contract – Enhanced/Tenant Protection Vouchers - PIH Notice 2001-
41
Enhanced and tenant protection vouchers are used to “protect” tenants living in units under
a project-based HAP contract and that contract is ending (e.g., owner opts out of Moderate
Rehabilitation contract).

It is the choice of the tenant to either stay in the (former) unit after the contract ends or to
move to a new unit. In either circumstance, they will be issued a voucher.




Revised: 8-10-10                               -6-
ENHANCED VOUCHER                                   TENANT PROTECTION VOUCHER

An “Enhanced Voucher” protects the tenant          A “Tenant Protection Voucher” is for HUD
Tenant is staying in former unit:                  Tenant is moving to a new unit:

from rent increases so they will never pay more    tracking purposes only, and does NOT “protect”
than 30% of their income towards rent while        or affect the amount the tenant pays. Elite
they remain in the unit. Once the tenant moves     calculates based on the Voucher Payment
from the building the enhance feature goes away.   Standards as usual.




Project Based Vouchers
(See also Section 30 of these procedures)
What are project-based vouchers?
Project-based vouchers are a component of a public housing agencies (PHAs) housing
choice voucher program. A PHA can attach up to 20 percent of its voucher assistance to
specific housing units if the owner agrees to either rehabilitate or construct the units, or the
owner agrees to set-aside a portion of the units in an existing development. Rehabilitated
units must require at least $1,000 of rehabilitation per unit to be subsidized, and all units
must meet HUD housing quality standards.

What organizations are eligible to apply for project-based voucher funding from
HUD?
There are no appropriations for this program and HUD does not allocate funding for
project-based voucher assistance. Instead, funding for project-based vouchers comes from
funds already obligated by HUD to a PHA under its annual contributions contract (ACC).
The PHA can use up to 20 percent of its housing choice vouchers for project based
vouchers.

What families are eligible to obtain project-based vouchers?
Any eligible family on a PHA's housing choice voucher waiting list that is interested in
moving into the specific project. Owners select families for occupancy of a particular unit
after screening each family.

How do families obtain project-based vouchers?
PHAs refer families, who have already applied to a PHA for housing choice vouchers and
are on the PHA's waiting list, to properties that have project-based voucher assistance when
units become vacant.

How much rent do vouchers cover?
The PHA pays the owner the difference between 30 percent of family income and the gross
rent for the unit.

How are project-based vouchers different from tenant-based vouchers?
Under the tenant-based housing choice voucher program, the PHA issues an eligible family a
voucher and the family selects a unit of its choice. If the family moves out of the unit, the




Revised: 8-10-10                               -7-
contract with the owner ends and the family can move with continued assistance to another
unit.

Under the project-based voucher program, a PHA enters into an assistance contract with the
owner for specified units and for a specified term. The PHA refers families from its waiting
list to the project owner to fill vacancies. Because the assistance is tied to the unit, a family
who moves from the project-based unit does not have any right to continued housing
assistance. However, they may be eligible for a tenant based voucher when one becomes
available.

What type of contracts do PHAs sign with property owners under this program?
The PHA and the owner execute an agreement to enter into housing assistance payments
(HAP) contract. Under this contract the owner agrees to construct or rehabilitate the units,
and the PHA agrees to subsidize the units upon satisfactory completion of the rehabilitation
or construction.

Upon satisfactory completion of the rehabilitation or construction and for existing
development, the PHA and the owner execute a HAP contract for a ten-year term that is
dependent on availability of funding under the PHA's ACC with HUD. The HAP contract
establishes the initial rents for the units and the contract term, and describes the
responsibilities of the PHA and the owner. HAP contracts can be renewed subject to
availability of funding.

How do PHA's select units for inclusion in this program?
The PHA must adopt a written policy for selection of units to which assistance will be
attached and must publicly advertise that it will accept owner proposals for the project-based
voucher program. Generally, rents are set based upon market comparables and may not
exceed 110% of the published existing housing fair market rents. Substandard rental housing
is eligible if rehabilitation costs are at least $1,000 per unit.

New construction of rental units is also eligible as well as standard existing housing. Rental
units assisted under certain other Federal housing programs (e.g., rental rehabilitation, public
housing) cannot be assisted with project-based voucher assistance.

How should interested owners or prospective owners of rental property apply for
this program?
Contact the local PHA to determine whether the PHA administers a project-based voucher
program and to obtain information.

What type of funding is available under the project-based voucher program?
No specific funding is provided by HUD. PHAs may use up to 20% of the funds in its
housing choice voucher program to provide project-based assistance.

What regulations cover this program?
Regulations are found at 24 CFR 983.




Revised: 8-10-10                              -8-
HUD-VASH Vouchers
The 2008 Consolidated Appropriations Act (the Act) (Public Law 110-161) enacted
December 26, 2007, provided $75 million dollars of funding for the HUD-Veterans Affairs
Supportive Housing (HUD-VASH) voucher program as authorized under Section 8(o)(19)
of the United Stated Housing Act of 1937. The HUD–VASH program combines HUD
HCV rental assistance for homeless veterans with case management and clinical services
provided by the Veterans Affairs at its medical centers and in the community.

The 2008 Appropriation required HUD to “make such funding available to public housing
agencies (PHAs) that partner with eligible VA Medical Centers (VAMC) or other entities as
designated by the Secretary of the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation with the Secretary of the
Department of Veterans Affairs.”

Based on this language, the VA identified 132 VAMCs that will participate with the program.
In doing so, the VA took into account the population of homeless veterans needing services
in the area, the number of homeless veterans served by the homeless programs at each
VAMC during FY 2006 and FY 2007, geographic distribution and VA case management
resources. There will be at least one site in each of the 50 states and in the District of
Columbia and Puerto Rico.

Generally, the HUD-VASH HCV program will be administered in accordance with regular
HCV program requirements (24 CFR Section 982). However, the Act allows HUD to waive
or specify alternative requirements for any provision of any statute or regulation that HUD
administers in connection with this program in order to effectively deliver and administer
HUD-VASH voucher assistance. The HUD-VASH Operating Requirements (including the
waivers and alternative requirements from HCV program rules) were published in the
Federal Register on May 6, 2008.

HUD awarded funding for approximately 10,000 HUD-VASH vouchers in May 2008.

VASH vouchers are similar to regular vouchers with the following exceptions:
   Applicant referrals come from Veterans Administration Center.
   Veterans Administration Centers perform homeless verification and criminal
     screening. PHA performs Sex Offender background checks only; other policies on
     criminal screening do not apply with VASH vouchers.
   Income targeting of 75% @ 30%AMI does not apply; however, VASH applicants
     still have to be income eligible (50% of AMI).
   In-state VASH voucher portability is allowed only if the receiving PHA will bill, and
     not absorb.
   Out-of-state VASH voucher portability is allowed if the receiving PHA will absorb.
   The VASH voucher has an initial term of 120 days, with extensions permitted.
   MaineHousing can accept leases for less than l year for VASH voucher holders.



Revised: 8-10-10                            -9-
     Case management will be provided by Veterans Administration. The Veterans
      Administration will recommend termination if service is refused by tenant.
     Turnover VASH vouchers will go to new homeless Veterans.
     VASH vouchers can be used in Project Basing on a case-by-case basis, with waivers
      by HUD and support by Veterans Administration.
     MaineHousing reports VASH vouchers to HUD through PIC under 2n.


Mainstream Vouchers

What are mainstream program vouchers?
Mainstream program vouchers enable families having a person with disabilities to lease
affordable private housing of their choice. Mainstream program vouchers also assist persons
with disabilities who often face difficulties in locating suitable and accessible housing on the
private market.

What organizations are eligible to apply for mainstream program vouchers funding
from HUD?
Public Housing Agencies (PHAs) authorized under state law to develop or operate housing
assistance programs may apply. In some instances, non-profit agencies may also apply for
housing vouchers.

How do PHAs apply for voucher funding from HUD?
PHAs respond to notices of funding availability (NOFAs). Each NOFA identifies allocation
areas, amount of funds available per area, and the selection criteria for rating and ranking
applications.

What families are eligible to apply for mainstream program vouchers?
Only a family that includes a disabled person and is income eligible may receive a
mainstream program voucher. Applicants will be selected from the PHA's housing choice
voucher waiting list.

How does a PHA determine if a family is income eligible for the mainstream
program vouchers?
The PHA compares the family’s annual income (gross income) with the HUD-established
very low-income limit or low income limit for the area. The family's gross income cannot
exceed this limit.

How do families obtain mainstream program vouchers?
Families apply to the local PHA that administers this program. When an eligible family with
a disabled person comes to the top of the PHAs housing choice voucher waiting list, the
PHA issues a housing choice voucher to the family.

What requirements must a nonprofit entity meet in order to apply for funding?
A nonprofit entity that wishes to apply for the funding available under the mainstream
program must have the capacity to:



Revised: 8-10-10                             - 10 -
Develop an administrative plan and PHA plan.

Comply with the Section 8 Management Assessment Program (SEMAP) requirements under
24 CFR Part 985.

Administer housing choice voucher program including all activities such as making
determinations as to rent reasonableness, performing housing quality standards (HQS)
inspections and enforcement, conducting annual income reexaminations of participant
families, as well as otherwise meeting housing choice voucher program requirements under
24 CFR Part 982.

Non-profit disability organizations are encouraged to seek out PHAs in their geographic area
to develop cooperative contractual relationships under the mainstream program and to
enhance services to families with a disabled person. In addition to contacting local PHAs,
non-profit disability organizations may also wish to contact regional (multi-county), or state-
wide PHAs who may be applying for mainstream program funding.

How do families obtain an apartment once they have a voucher?
It is the responsibility of a family to find a unit that meets their needs. If the family finds a
unit that meets the housing quality standards, the rent is reasonable, and the unit meets other
program requirements, the PHA executes a HAP contract with the property owner. This
contract authorizes the PHA to make subsidy payments on behalf of the family. If the family
moves out of the unit, the contract with the owner ends and the family can move with
continued assistance to another unit.

How much rent do vouchers cover?
The PHA pays the owner the difference between 30 percent of family income and PHA
determined payment standard or gross rent whichever is lower. The family may choose a
unit with a higher rent than the payment standard and pay the owner the difference.

Do families have to lease a unit in the jurisdiction where the PHA issued the
voucher?
No. A family may choose a unit anywhere in the United States where there is a PHA that
administers a tenant based voucher program. However, the family may only use the voucher
to lease a unit in an area where the family is income eligible at admission to the program.

What regulations cover this voucher?
Regulations are found in 24 CFR Part 982.


Family Unification Program (FUP)

The Family Unification Program (FUP) is a collaborative effort between the Maine
Department of Health and Human Services (DHHS) and MaineHousing. To be eligible to
receive a voucher under the Family Unification Program, a family must be eligible for the




Revised: 8-10-10                             - 11 -
Section 8 program, and DHHS must make the initial referral and certify that the lack of
adequate housing is a primary reason that the family's child(ren) may be placed in out-of-
home care or prevented from returning to the family from out-of-home care.

FUP provides Section 8 rental housing assistance to:
   Families whose lack of adequate housing has been identified by DHHS as a primary
      factor in the separation, or the threat of imminent separation, of a child or children
      from their families, and to
   Provide housing choice vouchers to youths 18 to 21 years old who left foster care at
      age 16 or older and lack adequate housing.

“Lack of adequate housing” means that the family is living in substandard housing, is
homeless, or will be involuntarily displaced.

If you receive a call regarding eligibility for FUP vouchers, the two questions that need to be
asked are:
     Are you working with a DHHS caseworker under the foster care system to gain
        custody of your child(ren)?
     Are you working with a DHHS caseworker under the child welfare system to prevent
        the separation of your child(ren) from the household?
If you feel given the information you receive that a caller may be eligible to receive a FUP
voucher, please refer them to the appropriate contact below.

FUP Contacts:

    MaineHousing:
     Interested families should contact MaineHousing FUP Coordinators, Shawn Roy at
     MaineHousing sroy@mainehousing.org at 207/624-5755 or Alison Dyer at
     MaineHousing adyer@mainehousing.org at 207/624-5782.


       Kristen Brown
    Maine DHHS Liaison List:
       DHHS, 208 Graham Street, Biddeford, Maine 04005            Phone: 286-2526

       Janice Hoffmann
       DHHS, 161 Marginal Way, Portland, Maine 04101              Phone: 822-2204

       Rene Ouellette
       DHHS, 200 Main Street, Lewiston, Me 04240                  Phone: 795-4409

       Christine Theriault
       DHHS, 91 Camden Street, Suite 103, Rockland, Maine 04841   Phone: 596-4267

       Kim Miller
       DHHS, 98 North Street Suite 10, Skowhegan, Maine 04976     Phone: 474-4831

       Stephanie Merrill
       DHHS, 35 Anthony Avenue, Augusta, Me 04333                 Phone: 624-5558

       Jennifer Mosca
       DHHS, 396 Griffin Road, Bangor, Me 04401                   Phone: 561-4215




Revised: 8-10-10                                  - 12 -
       Nick Pappas
       DHHS, 13 Prescott Drive, Machias, Me 04654                    Phone: 667-1621

       Vicki Delong
       DHHS, 30 Skyway Drive, Unit 100, Caribou, Maine 04736         Phone: 493-4041

       District 1(Biddeford)- Kristen.Brown@maine.gov <mailto:Kristen.Brown@maine.gov>

       District 2(Portland)-Brian.F.Walsh@maine.gov <mailto:2-Brian.F.Walsh@maine.gov>

       District 3(Lewiston)- Rene.N.Ouellette@maine.gov <mailto:Rene.N.Ouellette@maine.gov>

       District 4(Rockland)- Christine.Theriault@maine.gov <mailto:Christine.Theriault@maine.gov>

       District5(Augusta)- Stephanie.S.Merrill@maine.gov <mailto:Stephanie.S.Merrill@maine.gov>

       District 5( Skowhegan)- Kim.Miller@maine.gov <mailto:Kim.Miller@maine.gov>

       District 6(Bangor)- Jennifer.Mosca@maine.gov <mailto:Jennifer.Mosca@maine.gov>

       District 7(Machias)- Nick.Pappas@maine.gov <mailto:Nick.Pappas@maine.gov>

       District 8(Caribou)- Vicki.A.Delong@maine.gov <mailto:Delong@maine.gov>

How do PHAs apply for voucher funding from HUD?
Public Housing Agencies (PHAs) respond to notices of funding availability (NOFAs). Each
NOFA identifies allocation areas, amount of funds available per area and the selection
criteria for rating and ranking applications. In 2009, MaineHousing has been awarded 100
FUP vouchers through the NOFA process.

Who is eligible for FUP vouchers?
Families are eligible if they meet two conditions:
    The Maine DHHS has certified that “lack of adequate housing” is a primary factor in
       the imminent placement of the family's child(ren) in out-of-home care, or in the
       delay of discharge of a child(ren) to the family from out-of-home care; and
    MaineHousing has determined the family is eligible for the HCV Program.

Income Eligibility:
MaineHousing must compare the family’s annual income (gross income) with the HUD-
established very low-income limit for the area. The family's gross income cannot exceed the
VLI limit. The amount of rental housing subsidy is determined by the family’s income.
MaineHousing pays the owner the difference between 30% of family income and its
determined payment standard or gross rent whichever is lower. The family may choose a
unit with a higher rent than the payment standard and pay the owner the difference.

Process Steps:
    All household referrals for FUP Vouchers will come from DHHS.
    DHHS will screen for suitability to the FUP program and will send certification that
      the lack of adequate housing is a primary reason that the family's child(ren) may be
      placed in out-of-home care or prevented from returning to the family from out-of-
      home care.



Revised: 8-10-10                                - 13 -
    Voucher size will be determined by MaineHousing‘s FUP Coordinator.
    MaineHousing’s FUP Coordinator will draw the applicant from the FUP Wait list.
    Once the applicant has been drawn from the waitlist they will be transferred to the
     appropriate Agent/PHA. The Agent will then issue the Housing Choice Voucher
     and schedule a briefing. It is recommended that the DHHS caseworker attend this
     briefing with the family.
    It is the household’s responsibility to find a rental unit, however if they request
     assistance in finding a unit MaineHousing’s FUP Coordinator is available to help
     them with their search. The unit must:
      Meet minimum HQS inspection standards.
       Be rent reasonable in comparison to rents charged for similar, unassisted units in
          the area.
    MaineHousing executes a HAP contract with the owner, authorizing subsidy
     payments be made on behalf of the household.
    Duplicates of all tenant correspondence and notices (annual and interim
     certifications, appointments etc.) must be faxed by the Agent to the DHHS liaison
     and DHHS assigned caseworker to the family until DHHS involvement has
     concluded.
    Having fulfilled the obligations of the lease, the family can move with continued
     assistance to another unit. A family may choose a unit anywhere in the United States
     where there is a PHA to administer a tenant-based voucher program. However the
     family may only use the voucher in an area where it is income eligible at admission to
     the program.
    If family unification does not occur, or the children are again removed from the
     home, the household will retain the voucher, but the voucher will be downsized.

    In Elite:
      When issuing the HCV Program voucher in Elite, the FUP increment is VO007
        (by Agent designation) and will be coded as such by the Agent.
      On the Resident Information screen, the Agent must select “FUP” as the
        Program Affiliation.
      The homeless status needs to be reported on the initial certification.
        MaineHousing’s FUP Coordinator will inform the Agent of the applicant’s status
        at the time of issuance.
      The Agent must choose the code FUP under Special Programs on the HUD-
        50058 certification.

What covers this program?
HUD Regulations at 24 CFR Part 982, Notice of Funding Availability (NOFA) published
November 24, 2008, and Memorandum of Understanding (MOU) between MaineHousing
and DHHS.




Revised: 8-10-10                          - 14 -
       Section 04 – Special Purpose Funding

When MaineHousing receives funding from HUD for a special purpose programs or for a
specified category of families, MaineHousing will apply those funds according to determined
program guidelines.

The guidelines associated with these special purpose programs may differ from the policies
for issuance and denial as currently stated in this Administrative Plan.


Funding For Persons with Disabilities
MaineHousing has been granted special funding to assist 200 persons with disabilities.

MaineHousing will offer this funding to persons with disabilities who are on
MaineHousing’s wait list. As this funding becomes available, persons without disabilities
on MaineHousing’s wait list will be skipped.

Persons receiving Social Security Disability Income and Supplemental Security Income will
have disability status for the purpose of receiving funding for persons with disabilities.

For those persons who are NOT receiving Social Security Disability Income or
Supplemental Security Income, MaineHousing will require a medical provider to make the
determination of disability.


Funding For Homeless Veterans
MaineHousing received 35 VASH (Veteran Affairs Supportive Housing) Vouchers. A
referral from the USVA hospital is required before we can place them on the waiting list.
These vouchers are initially approved and issued at MaineHousing’s main office. The
application is forwarded to the administering agent for final administration.


Funding for Family Unification
The Family Unification Program (FUP) is a collaborative effort between the Department
of Health and Human Services (DHHS) and Maine Housing (MH). MaineHousing
received 100 (Family Unification Program) FUP Vouchers. The Family Unification
Program provides Section 8 rental assistance to families whose lack of adequate housing
is a primary cause of the separation, or imminent separation, of a child or children from
their families.
Eligible Families: To be eligible to receive a Section 8 voucher under the Family
Unification Program, a family must be eligible for the Section 8 program, and DHHS
must make the initial referral and certify that the lack of adequate housing is a primary
reason that the family's child(ren) may be placed in out-of-home care or prevented from
returning to the family from out-of-home care. "Lack of adequate housing" means that



Revised 8-10-10                             -1-
the family is living in substandard housing, is homeless, or is (or will be) involuntarily
displaced.
How it works: Eligible households are screened by MaineHousing. Once the applicant
has been drawn from the waitlist they will be transferred to the appropriate agent/PHA.
The agent will then issue the Section 8 Housing Choice Voucher and schedule a briefing.
How families obtain an apartment once they have a voucher: It is the responsibility of
a family to find a unit that meets their needs, however if they request assistance in finding
a unit, Lynne Rodrigue is available to help them with their search.
For more information please contact MaineHousing FUP Coordinators, Shawn Roy at
      MaineHousing sroy@mainehousing.org at 207/624-5755 or Alison Dyer at
      MaineHousing adyer@mainehousing.org at 207/624-5782.




Revised 8-10-10                             -2-
        Section 05 – Special Housing Types

The following are the Special Housing Types as summarized under HUD 24 CFR
982.601 Subpart M:
    Single Room Occupancy (SRO)
    Group Home
    Shared Housing
    Manufactured Home
    Cooperative Housing (excluding families that are not cooperative members, and
    Homeownership option.


Units Receiving Other Subsidy
MaineHousing will NOT authorize the use of vouchers in Congregate Housing, or
Individual Group Residences.


Shared Housing regulations are at HUD 24 CFR 982.615 through 618. MaineHousing
will only consider Shared Housing as a reasonable accommodation and must be approved by
Maureen Brown.

The rent is prorated for shared housing. It is a ratio derived by dividing the number of
bedrooms the tenant is entitled, by the total number of bedrooms in the unit/house. When
inspecting, the inspection and subsequent rent reasonable survey score should be based
against the entire house, not just the living space of the tenant. See example of calculation
sheet below:
 SHARED HOUSING PRORATION - EXAMPLE:
 Current Voucher Payment Standard:

 1 bdrm              $679                             $679.00
 Select the lower of (Full 1 bedroom or 1/3 proration of 3-bedroom):


 3 bdrm             $1,115                            $371.00        <1/3 proration
 Rent Reasonable Score:
 Select the lower of (Full 1 bedroom or 1/3 proration of 3-bedroom):

 1 bdrm                $759                          $759.00
                       Good

 3 bdrm               $1,090                         $363.00      <1/3 proration

 LL is asking        $700      /mo for rent, with All utilities included.

 Per HUD REG: The LL rent cannot exceed the prorated rent reasonable. Therefore,
 in this example, the LL would have to reduce their proposed rent amount.




                                              -1-
MaineHousing WILL use vouchers in units that receive funding through Section
221(d)(3)BMIR, Section 202, Section 236 (insured), Section 236 (noninsured), USDA Rural
Development Section 515, and Federal Home Funds.
    Vouchers will use the unit’s Utility Allowance


Manufactured Homes
HUD 24 CFR 982.620 sections state that it is mandatory that a PHA must permit a family
to lease a manufactured home and space with assistance under the Program, while the PHA
may (has discretion) provide assistance for a family that owns a manufactured home and
leases only the space.

MaineHousing will provide assistance to eligible families who:
    Reside in a Manufactured Home that the family owns, or
    Lease a Manufactured Home in which the family resides and the lot on which it is
      located, or
    Reside in a Manufactured Home that the family owns and leases the lot space on
      which the Manufactured Home is located according to the regulations specified by
      HUD.

HUD 24 CFR 982.622 to 982.624 sections apply when assistance is provided to a
manufactured home owner to lease a manufactured home space.

HUD 24 CFR 982.621 references that the manufactured home must meet all the HQS
requirements and acceptability criteria as stated under HUD 24 CFR 982.401 in addition to
the performance requirement that the manufactured home must be placed on the site in a
stable manner and must be free from hazards such as sliding or wind damage and the
acceptability criteria that it must be secured by a tie-down device if in a high wind area. (See
“UA MasterList” for Maine towns located in high wind areas).

FMRs for Manufactured Homes
There is a separate Fair Market Rent (FMR) for a Manufactured Home Space determined in
accordance with Section 888.113(e), and is generally 40% of a 2-bedroom FMR.
MaineHousing will pay a monthly HAP that is equal to the lower of:
         The payment standard minus the total tenant payment, or
         The “space rent” minus the total tenant payment.

    The “space rent” is the sum of:
    Space rent to owner + owner maintenance/management charges for space + the utility
    allowance for tenant-paid utilities.


Homeownership Voucher Program
MaineHousing offers a Homeownership Program subsidized through the Housing Choice
Voucher Program and is governed by MaineHousing’s Housing Choice Voucher




                                              -2-
Homeownership policies and procedures manual. See Section 32- Homeownership for more
information.


Single Room Occupancy (SRO)
The Single Room Occupancy (SRO) Program provides rental assistance for applicable
properties that will—when the renovations are complete contain upgraded single occupancy
units for individuals who are homeless. As a result, it is designed to move people into the
permanent housing phase within the Continuum of Care. SRO housing contains units for
occupancy by one person. These units may contain food preparation or sanitary facilities, or
both.
MaineHousing will provide assistance under the following Single Room Occupancy HUD
regulations:

    HUD 24 CFR 982.602 - No more than one single person can reside in an SRO.
    HUD 24 CFR 982.603 - For an SRO there is a separate lease and HAP contract for
     each assisted person.
    HUD 24 CFR 982.604 - The voucher payment standard for an SRO is 75% of the
     0-bedroom voucher payment standard and the utility allowance is 75% of the 0-
     bedroom utility allowance.
    HUD 24 CFR 982.605 states to follow the HQS requirements under HUD 24
     CFR 982.401(b)(c)(d). Since an SRO will not house children, the regulations
     surrounding lead paint do not apply – HUD 24 CFR 982.401(j).




                                            -3-
        Section 06 – Eligibility for Admission

By applying these procedures for admission and denial of admission to the Programs,
MaineHousing strives to ensure that all families who express an interest in housing assistance
are given an equal opportunity to apply, and are treated in a fair and consistent manner. All
family information will be reviewed carefully, and families will be provided the opportunity
to explain their circumstances, to furnish additional information if needed and to receive an
explanation of the basis for any decision made pertaining to their eligibility.

Eligibility
MaineHousing accepts applications from families whose head or spouse is at least 18 years
of age, or has been emancipated by law.

In order to be eligible to be issued a voucher the applicant must:
     1. Meet the definition of family. See HUD 24 CFR 982.201 and MaineHousing
         Administrative Plan.
     2. Be income eligible in accordance with HUD 24 CFR 982.201.
     3. Provide documentations as required by HUD 24 CFR 5.200, 5.500, and 982.201.
     4. Be a U.S. citizen or eligible immigrant, as determined by HUD.
     5. Fulfill all required family obligations as required by HUD 24 CFR 982.551, and as
         outlined on the Housing Choice Voucher, and in MaineHousing’s Administrative
         Plan.
     6. Have an Annual Income at the time of admission that does not exceed the “very
         low” status of the area median income limits for occupancy as established by
         MaineHousing.
     7. Not have engaged in violent or drug related criminal activity for a period of 3 years
         from the date of the last commission of said activity, and not be listed on any Sex
         Offender Registry.
     8. Not on in-state RIFMe debtor database or EIV System as owing monies to a Public
         Housing Authority.
(See Section 08- - Waiting Lists for more details.)

Ineligibility
Applicant families who are determined to be ineligible will be notified in writing of the
reason for denial and given an opportunity to request an informal review.
MaineHousing/Agent will send this notice to the last known address of the applicant on file,
offering applicant 10 business days of receipt of the notice to respond, with the presumption
that receipt was within 3 calendar days of mailing).

(See Section 20 - Informal Reviews and Informal Hearings for more details.)




Revised 5-16-11
       Section 07 – Applying for Admission

This section describes the procedures for completing an initial application for assistance,
placement, and denial of placement on MaineHousing’s waiting lists by Intake staff.

The purpose of application taking is to permit MaineHousing to gather information to determine
placement on its waiting lists. MaineHousing and its Agents’ applications will contain questions
designed to obtain pertinent program information. MaineHousing has followed the application
procedures as required by HUD 24 CFR 982.204(b).

Families who wish to apply to MaineHousing’s Program must complete a written application form
when the wait list is open.

Applications will be made available in an accessible format upon request from a person with a
disability or anyone with Limited English Proficiency.

New! HUD PIH 2009-36 notice issued 9/15/09 along with new HUD form-92006,
Supplement to Application for Federally Assisted Housing, (Attachment A) (See at end of this
section) to be attached to Application and Personal Declaration forms to provide families the
opportunity to provide additional contact information as part of their application. The
objective is to facilitate contact by the housing provider with the person or organization
identified by the family to assist them in providing any delivery of services or special care or to
assist with resolving any tenancy issues that arise during their tenancy. We may not require an
applicant or participant to provide this information.

Intake Steps for Applications
   1.   Upon receipt of an application, date and time stamp.
   2.   Enter the person’s information into Elite (database management system) to include:
           a. Names, addresses, social security numbers, and date of births of all family
                members of household.
   3.   Enter income information.
   4.   Enter wait list preferences. If they meet homeless qualifications (See Section 08 - Waiting
        lists for more details.) they will receive the homeless preference. If they live or work in
        Maine they will receive the residency preference. Additionally it must be identified
        whether the family is disabled, or a single person family.
   5.   Enter the family on the appropriate waiting list(s). The county depends on which county
        they lived in when they applied. Check to see if they want to be on a project-based or
        mod rehab waiting list.
        Note: If an applicant has checked off PBV, MOD REHAB, or VASH, and has not
        specified the particular project of interest, MaineHousing/Agent must follow-up with
        applicant to obtain project of interest before placing on a specific project wait list.
   6.   After entering the applicant’s contact information into Elite, you must acknowledge the
        receipt of their application by sending them a confirmation letter entitled “ Applicant
        Acknowledgement Letter” that is generated via Elite’s Full Application Entry Screen.




Revised 5-16-11                              -1-
   7.    Next you sort the wait list and then do a wait list draw to issue vouchers. Program
         Officers indicate the number of people for intake staff to draw from the waitlist.
   8.    Send an “invite letter” to all the people drawn, including documents requiring applicant
         signature along with the invite letter.
   9.    Pull wait list draw groups’ applications from files.
   10.   Attach a copy of the invite letter and a list of all the people who were drawn from the
         waitlist in this selection to each applicant file.
   11.   Applicants have 10 business days to respond to the letter. If they do not respond or their
         mail comes back undeliverable, send a termination letter.
   12.   In the termination letter they are given an opportunity for an informal review to appeal
         to receive a voucher.
   13.   If there is no response, the application is terminated. Otherwise, an additional 10
         days can be granted for the family to submit any additional paperwork.
   14.   When paperwork is sent back, make a file folder and review the paperwork to make sure
         all pertinent documents have been returned.
   15.   If there are missing documents (not returned), call applicants on phone and also send
         letters urging them to send all their paperwork back.

   SCREENING:
       Once the executed criminal consent form is returned:
   16. Agent will run criminal background reports (on-line) for all states of residency listed by
       the applicant. (3-20-10 Agent Meeting: MaineHousing will reimburse Agents for out-of-
       state background checks).
   17. Criminal backgrounds are forwarded to MaineHousing Program Officer for review (to
       deny or approve).
   18. Agent will check Maine and National Sex Offender Registries on-line.
   19. Agent will check RIFMe on-line for debts owed to in-state housing authority.
   20. MaineHousing PO will check EIV System for debts owed to other housing authorities.
   21. Agent is to report any self-disclosed information on application to MaineHousing
       Program Officer.
   22. If denied through screening, the Agent sends a letter notifying the applicant of denial
       and offer an informal review.
   23. If applicant owes a housing authority money Agent sends a letter notifying the applicant
       that before they can receive a voucher, the debt must either be paid in full or a
       repayment agreement has been entered into with the PHA. Written proof must be
       submitted to Agent to move forward voucher issuance.
   24. If someone is a lifetime sex offender registrant then it is mandatory that they will not
       receive a voucher. However, if someone is a ten-year sex offender registrant there will be
       a denial, with possibility to appeal.
   25. Enter in Elite if they passed their screening.

   VERIFICATIONS
   26. Once applicant has passed all checks, proceed with verifications. Do automatic DHHS
       verification of TANF, Food Stamps as child support. Verify if they work, have a bank
       or any other assets, or if they go to school or pay for child care and medical expenses.
   27. Send out verification letters to third parties to determine they are eligible for the
       Program.



Revised 5-16-11                             -2-
   28.   Upon receipt of verifications, enter into Elite system, income, assets and expense
         information. Refer to check-off sheet (placed in front of all received forms in the folder)
         to make sure everything has been received from the applicant, and put forms in file in
         order of how they show on the check off sheet.
   29.   Give the file to the Program Officer for further actions.




Revised 5-16-11                             -3-
Offering Forms (See sample documents at end of this section)

    Applicants whose housing situation is unknown, or is not homeless, or is not applying
     for targeted program designations such as FUP, VASH, or Project-Based Vouchers,
     will be given a one-page Preliminary Application (newly updated) to fill out. (Note:
     Sometimes the applicant’s physical address will give insight into their current housing
     situation).

    Applicants who are homeless, or are applying for targeted will fill out the multiple-page
     Application form.

    If the Application is older than 60 days from the time they are offered a voucher they will
     fill out a Household Personal Declaration.

    Thereafter, at each annual reexamination, all participants must fill out another Household
     Personal Declaration.




Revised 5-16-11                            -4-
                NEW!!! One-Page Preliminary Application Form

                                                                               One-Page Preliminary Application Form
Legal Name of Head of Household                                                         Sex:                 SSN:          DOB:                           Age:            Monthly Income:
Accessible format available upon request (See reverse side).                                                      Incomplete Applications will not be processed

Last:                   First:                MI:                                       _______              _________     _________________              ______          $__________________________
                                                                                                             _________
__________________________                        _________________      ______
                                                  _____                                  _____________________________________________________________________________________________________________
                                                                                         Income Sources (See reverse side for more information):____________________________________________

Race:      White        Black       American Indian/Alaskan Native               Asian/Pacific Islander                             Ethnicity:       Hispanic         Non-Hispanic
                                                                      Section 8 Voucher          Moderate Rehabilitation           VASH
                                Project Based Voucher for:            Assisted Living            Victims of Domestic Violence/Homeless Youth/Supportive Housing
Which housing programs do you want to apply to?


Street Address:            _____________________________________________       City:_____________________________         State: _____      Zip: ______________                    Phone/Cell:
What is your current address?

                                                                                                                                                                                   _______________________________

Mailing Address:          _____________________________________________       City:_____________________________         State: _____      Zip: ______________                    Phone/Cell:
                                                                                                                                                                                  _______________________________
Name of Emergency Contact:               _________________________            City:_____________________________         State: _____      Zip: ______________                    Phone/Cell:
                                                                                                                                                                                  _______________________________

Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:        Age:            Employer or School Name:                Monthly Income: $____________
What other adults will be living in the unit?

_______________________________      ______     ________________________   _______________     ________    _______         __________________________________
Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:        Age:            Employer or School Name:                Monthly Income: $____________
_______________________________      ______     ________________________   _______________     ________    _______         __________________________________
Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:        Age:            Employer or School Name:                Monthly Income: $____________
_______________________________      ______     ________________________   _______________     ________    _______         __________________________________

Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:          Age:          School Name:
What minors will be living in the unit?

_______________________________      ______     ________________________   _______________     __________    _______         ______________________________________________________
Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:          Age:          School Name:
_______________________________      ______     ________________________   _______________     __________    _______         ______________________________________________________
Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:          Age:          School Name:
_______________________________      ______     ________________________   _______________     __________    _______         ______________________________________________________
Legal Name:                          Sex:       Relationship to head:      SSN:                DOB:          Age:          School Name:
_______________________________      ______     ________________________   _______________     __________    _______         ______________________________________________________

   Yes      No I currently live or work in the State of Maine.
Do you qualify for any of the local preferences?

   Yes      No Is head of household or spouse disabled?             Head   Spouse
   Yes      No I am in a homeless shelter, transitional housing, welfare motel or other place not ordinarily used/designed for sleeping.

   Yes      No Are you currently participating in the BRAP Program under a homeless preference?
NOTE: Homelessness will be verified at the time subsidy is issued.

   Yes      No Are you currently participating in the RAC+ Program?
   Yes      No        Have you or anyone in your household been arrested or evicted for drug-related or violent criminal activity within the past 3 years?
   Yes      No        Do you or anyone in your household owe money to a housing authority?
   Yes      No        Have you or anyone in your household ever been required to register as a sex offender in Maine or any other State?




                Revised 5-16-11                                                                              -5-
  NOTICE: You are required to notify the housing agency (in writing) of any change of address. If we cannot contact you, your name will be removed from the waiting list, and you

Do you, or anyone in your family, require any modifications or accommodations to fully utilize our forms, programs or services?             Yes     No
                                                                                 will have to re-apply to the Program.

Is anyone in your family, including yourself, limited in their ability to read, write, speak or understand English in order to fully utilize our forms, programs or services? Yes No If you
answered YES to these questions, please contact your housing agent for assistance:


                                                                         MaineHousing – for Kennebec, Franklin, Lincoln, Sagadahoc and Somerset Counties
                                                                                          353 Water Street ≈ Augusta, ME 04330-4633
                                                                 Voice/TTY: 1-800-452-4603 or 1-866-357-4853 or Direct at 207/624-5789       Fax: 207/624-5713


    The Fair Housing Law of 1988, Section 504 of the 1973 Rehabilitation Act; and Americans With Disabilities Act. We need your help to ensure all of our programs, services and activities are fully
       accessible to persons with disabilities. If you, or anyone in your family, encounters any type of barrier that prevents them from receiving the full benefit of the Section 8 Housing Choice
                        Voucher Program, please contact us. You can also contact the Fair Housing and Equal Opportunity National toll-free hot line number: 1-800-424-8590.

Placement on the voucher waiting list based on this initial preliminary application does not
Note to Applicant:

ensure eligibility for a voucher. An applicant household that is offered a voucher will be
                                                                                                      Warning:


subject to screening for income eligibility, criminal activity, including but not limited to, drug-
                                                                                                      Title 18, Section 101 of the United States Code states that a Person is guilty of felony for


related criminal activity, violent criminal activity, sex offenses including registration as a sex
                                                                                                      knowingly and willingly making false or fraudulent statements to any Department or


offender, and other criminal activity related to alcohol abuse and other matters. Depending
                                                                                                      Agency of the United States, and shall be fined not more than $10,000, or imprisoned


upon the results of the screening, the applicant and their household members may be denied a
                                                                                                      for not more than 5 years, or both.

                                                                                                      I certify that the information given to MaineHousing, regarding my household family
voucher. A refusal by applicant or any adult household member to submit a signed consent              members, income, assets, allowances and deductions is accurate and complete to the best of
form allowing MaineHousing to obtain criminal records, and/or sex offender registry                   my knowledge and belief. I understand that false statements or information are punishable
information will automatically disqualify the applicant household from participation in the           under Federal Law. I also understand that false statements or information are grounds for
Housing Choice Voucher Program.                                                                       termination of housing assistance and termination of tenancy.

                                                                                                    ________________________________________________________________
                                                                                                    Full Name (Head of Household)
                                                                                                                    Date

                                                                                                    ______________________________________________________________
                                                                                                    Full Name – Other Adult, Spouse, or Co-Head                                           Date


Income includes money or contributions from ANY and ALL sources paid to, or on behalf of, a family member.
INFORMATION ABOUT HOUSEHOLD INCOME:
                                                                                                                 Please provide the sources and amounts of all Income (money) expected for the

             Employment wage income including tips, commissions, profit-sharing programs                                  Child Support
coming 12 months for all family members. Sources of Income can include:

             Self-employment income                                                                                       TANF
                                                                                                                 

             Income from business you own                                                                                 Regular Support from family or friends
                                                                                                                 

             Unemployment compensation                                                                                    Savings and Checking Account balances
                                                                                                                 

             Social Security and Supplemental Social Security Benefits                                                    Real Estate you own
                                                                                                                 

             Pensions; retirement accounts                                                                                Stocks, bonds, trusts or other investments
                                                                                                                 

             Disability Income                                                                                            Life Insurance Policies
                                                                                                                 

             Alimony                                                                                                      Educational Grants & Scholarships
                                                                                                                 

                                                                                                                          Assets sold or given away in the past two years
                                                                                                                 
                                                                                                                  




              Revised 5-16-11                                                                    -6-
                       New! Application/Household Personal Declaration Form:
  APPLICATION/PERSONAL DECLARATION FOR SECTION 8                                                                                                  Date & Time Received:
  HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS
  MaineHousing (Maine State Housing Authority), 353 Water Street, Augusta, ME 04330
  207/624-5789 or 1-866-357-4853 (Voice); 1-800-452-4603 (TTY); 207/624-5713 (Fax)
  Maine State Housing Authority (“MaineHousing”) does not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age, physical or mental disability, or familial status in the
  admission or access to, or treatment or employment in its programs, and activities. MaineHousing will provide appropriate communication auxiliary aids and services upon sufficient notice. MaineHousing will also
  provide this document in alternative formats upon sufficient notice. MaineHousing has designated the following person responsible for coordinating compliance with applicable federal and state nondiscrimination
                                                                                       requirements and addressing grievances:
                                        Louise Patenaude, Maine State Housing Authority,
                                                                                   353 Water Street, Augusta, Maine 04330-4633,
                                                            Telephone Number (207) 626-4618 or 1-800-452-4668 (voice), or 1-800-452-4603 (TTY)



   We need your help to ensure all of our programs, services and activities are fully accessible to persons with disabilities. If you, or anyone in your family, encounters any type of barrier that prevents them from
                                                  The Fair Housing Law of 1988, Section 504 of the 1973 Rehabilitation Act; and Americans with Disabilities Act.

  receiving the full benefit of the Section 8 Housing Choice Voucher Program, please contact us. You can also contact the Fair Housing and Equal Opportunity National toll-free hot line number: 1-800-424-8590.
    Do you, or anyone in your family, have disabilities requiring a specific accommodation in order to fully utilize our
    forms, programs, or services?
    Is anyone in your family, including yourself, limited in their ability to read, write, speak or understand English in
                                                                               □ Yes □ No

    order to fully utilize our forms, programs or services?
    If you have answered Yes, please contact your housing agent for assistance.
                                                                                 □ Yes □ No




Please print all answers clearly. Answer all questions. Do not leave any questions blank. If a question does not apply to you, write “NA” as your answer. All Yes/No questions must be checked off. Use the full legal
                                                                                   Incomplete applications cannot be processed!

name of each person as it appears on their social security card. The legal head of household and spouse or other adult (if any) must sign and date this application form in order for it to be processed. If
you do not have enough space to fill in your answers, attach a sheet of paper to complete the form. If you do not understand a question on this form, please call your housing agent for assistance.
  Name of Head of Household:                                                                                                                 Home Phone Number:


  Mailing Address/P. O. Box:                                                       Apt No.                                                    Cell Phone Number:


  Street Address/Physical:                                                                                                                    Work Phone Number:


  City:                                                   State:             Zip Code:                                                        Email Address:


  List your previous addresses for the last three years:

  1.
  Street Address:                                                                              City:                                                       State:                                 Zip:

  2.
  3.
  4.
  5.

  □ Yes □ No                    I am in a shelter for the homeless, transitional housing, welfare motel or other place not ordinarily used for or designed for sleeping. (You must be able to provide written
  Certification for Preference:


  □ Yes □ No                    I currently live or work in the State of Maine.
                                verification of homelessness at the time subsidy is issued.)

  □ Yes □ No                    Are you currently participating in the BRAP Program under a homeless preference?
  □ Yes □ No                    Are you currently participating in the RAC Program?
  □ Yes □ N
                    Is either the Head or Spouse of your household Elderly or Disabled?
                                If Yes, please check: □ Head □ Spouse □ Both
  #: _______                    < List the number of people who will be residing in your household.

  Household Screening:

  MaineHousing screens all adult household members for drug-related criminal activities, violent criminal activities, sex offenses and sex offender registrations, debts owed to housing agencies, and alcohol
  related crimes. If you answer “Yes” to any of the screening questions below, you must also provide the following detailed information on a separate, attached sheet of paper: (1) Who in household committed
  the crime, (2)What the crime was, (3) Where the crime occurred and (4)When the crime occurred (month/year).
  1. Have any household members ever been arrested for drug-related or violent criminal activity? Year: _______________                                                           □ Yes □ No


  2. Have any household members ever been arrested for a sex offense?                                                                                                                    □ Yes □ No
  State: _______________ Year: _______________
  3. Have an
 household members ever been arrested for any other crime?                                                                                                                  □ Yes □ No


  4. Have any household members ever been required to register as a sex offender?                                                                                                        □ Yes □ No
  State: _______________ Year: _______________
  5. Have any household members ever been convicted of a crime as an adult when they were under 18 years of age? Name:___________________________________________                        □ Yes □ No


  6. Have any household members ever lived in Public Housing?                                                                                                                            □ Yes □ No


  7. Have any household members ever b
en evicted from any Federally Assisted Housing?                                                                                                   □ Yes □ No


  8. Have any household members ever participated in the Sect
on 8 Voucher Program?                                                                                                      □ Yes □ No




                       Revised 5-16-11                                                                    -7-
9. Do any household members owe money to any Housing Authority?                                                                                                                      □ Yes □ No
If Yes, Amount Owed: $ ___
_________ to______________________________________




HEAD OF HOUSEHOLD:                                           Social Security Number:                               Date of Birt
:                                      Disabled: □ Yes □ No



Name:                                                                                            Age:                        □ Full-Time Student                       Sex: □ Male □ Female


List alternate names or maiden names you have used:




Race:      □ White □ American Indian/Alaskan Native □ Black □
Asian/Pacific Islander


Ethnicity: □ Hispanic □ Non-Hispanic                                                        □ U. S. Citizen    □ Other: ___________________
_________




OTHER ADULT:                                                           Relationship to Head of Household:


                                                                                                                                                              □ Other Adult
                                                                       □ Co-Head                                                                              □ Foster Adult
Name:                                                                  □Spouse

                                                                       □ Full Time Student over 18 y
ars old                                                  □ Live in Aid



                                                                       If Full Time Student, please list School Name and Contact Information:
                                                                       __________________________________________________________
Social Security Number :



Date of Birth:                    Age: 
                               Disabled: □ Yes □ No                                                                   Sex: □ Male □ Female




List alternate names or maiden names you have used:



Race:      □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander

Ethnicity: □ Hispanic □ Non-Hispanic                                                                    □ U. S. Citizen   □ Other: ________________________




OTHER ADULT:                                                           Relationship to Head of Household:


                                                                                                                                                              □ Other Adult
                                                                       □ Co-Head                                                                              □ Foster Adult
Name:                                                                  □Spouse

                                                                       □ Full Time Student over 18 years old                                                  □ Live in Aid



                                                                       If Full Time Student, please list School Name and Contact Information:
                                                                       _____________________________________________
____________
Social Secu
ity Number :



Date of Birth:                    Age:                                 Disabled: □ Yes □ No                                                                   Sex: □ Male □ Female




List alternate names or maiden names you have used:



Race:      □ White □ American Indian/Alaskan Native □ Black □ Asian/Pa
ific Islander

Ethnicity: □ Hispanic □ Non-Hispanic                                                                    □ U. S. Citizen   □ Other: ________________________




OTHER ADULT:                                                           Relat
onship to Head of Household:


                                                                                                                                                              □ Other Adult
                                                                       □ Co-Head                                                                              □ Foster Adult
Name:                                                                  □Spouse

                                                                       □ Full Time Student over 18 years old                                                  □ Live in Aid




                      Revised 5-16-11                                                                      -8-
                                                                 If Full Time Student, please list School Name and Contact Information:
                                                                 __________________________________________________________
  Social Security Number :



  Date of Birth:                 Age:                            Disabled: □ Yes □ 
o                                                                      Sex: □ Male □ Female




  List alternate names or maiden names you have used:



  Race:     □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander

  Ethnicity: □ Hispanic □ Non-Hispanic                                                          □ U. S. Citizen     □ Other: ____
___________________




  MINOR:                                                                    Relationship to Head of Household:


  Name:                                                                     □ Youth Under 18 years old              
                                   □ Foster Child


  Social Security Number :                             Date of Birth:                 Age:          Sex: □ Male □Female                                 Disabled: □ Yes □No

  Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
  Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen        □ Other: _______________________
_____



  MINOR:                                                                    Relationship to Head of Household:


  Name:                                                                     □ Youth Under 18 years old                      
                           □ Foster Child


  Social Security Number :                             Date of Birth:                 Age:          Sex: □ Male □Female                                 Disabled: □ Yes □No       


  Race: □ White □ American Indian/Alaskan Native □ Black □ Asi
n/Pacific Islander
  Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen        □ Other: _______________________
_____



  MIN
R:                                                                    Relationship to Head of Household:


  Name:                                                                     □ Youth Under 18 years old                                                  □ Foster Child


  Social Security Number :                             Date of Birth:                 Age:          Sex: □ Male □Female                                 Disabled: □ Yes □No           


  Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
  Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen        □ Other: _____________________________



  MINO
:                                                                    Relati
nship to Head of Household:


  Name:                                                                     □ Youth Under 18 years old                                                  □ Foster Child



  Social Security Number :                              Date of Birth:                  Age:        Sex: □ Male □Female                                 Disabled: □ Yes □No               


  Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
  Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen        □ Other: _____________________________



  MINOR:                                                                    Relationship to Head 
f Household:


  Name:                                                                     □ Youth Under 18 years old                                                  □ Foster Child


  Social Security Number :                              Date of Birth:                  Age:        Sex: □ Male □Female                                 Disabled: □ Yes □No                    


   Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
   Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen □ Other: _____________________________
If you require space to list additional household members please call (207) 624-5789 to request a supplemental page.



  Income includes money or contributions from ANY and ALL sources paid to, or for, a family member. Please provide income sources and amounts expected for the coming 12 months for all family members.
  Household Income

   Income Sources can include:




                     Revised 5-16-11                                                                -9-
             Employment wage income including tips, commissions, profit sharing programs                                           Child Support payments (DHHS or parent)
             Self Employment Income                                                                                                TANF (DHHS)
             Income from a business you own                                                                                        General Assistance – regular payments
             Unemployment compensation                                                                                             Alimony payments
             Social Security (SS) & Supplemental Security Income (SSI) Benefits                                                    Disability Income
             Pensions, retirement accounts                                                                                         Real Estate you own
             Savings and Checking Account balances                                                                                 Stocks, bonds, trusts, other investments
             Regular Support from family or friends                                                                                Life Insurance policies
             State Supplement (DHHS)                                                                                               Educational Grants & Scholarships
             Food Stamps (DHHS)                                                                                                    Assets sold or given away in the past two years




                                                                      □ Weekly
Please list the income in your household using sources of income listing above to help you:

                                                                      □ Bi-Weekly
Family Member Name:                             Amount:                                               Income Source:                              Contact Information:

                                                $ ______              □ Monthly

                                                                          □ Weekly
                                                                          □ Bi-Weekly
Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                   $ ______               □ Monthly

                                                                          □ Weekly
                                                                          □ Bi-Weekly
Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                   $ ______               □ Month
y

                                                                          □ Weekly
                                                                          □ Bi-Weekly
Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                   $ ______               □ Monthly

                                                                          □ Weekly
                                                                          □ Bi-Weekly
Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                   $ ______               □ Monthly




Household Assets. Please list your household assets using the types of assets listed below to help you:
Types of Assets can include:


          Savings and Checking Account balances                                                                          Real Estate you own
          Assets sold or given away in the past two years                                                                Stocks, bonds, trusts, IRAs, other investments
          Life Insurance policies

                                              $ ______________
Family Member Name:                           Balance:                                       Type of Asset:                                       Contact Information:



                                                   $ ______________
Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                   $ ______________
Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                   $ ______________
Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                   $ ______________
Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                   $ ______________
Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:


Have you or any member of your household sold or given away real estate property or other assets in the past two years? □ Yes □No



If Yes, please describe, and include value:




Household Expenses:


If any adult household member is working OR a full time student and is required to pay child care for child/children under 13 years of age or disabled, please complete the information below:
CHILD CARE EXPENSES:


                                                                                                                                                               □ Weekly
Daycare Provider Name:                                                 Contact Information:                                                     Amount paid out of pocket:

                                                                                                                                                $ ___________ □ Monthly




MEDICAL EXPENSES




                     Revised 5-16-11                                                               - 10 -
  Allowances for medical expenses are only considered for those households defined as “elderly family” (Head, Spouse or Co-Head is at least 62 years of age) or defined as “disabled family” (Head, Spouse or Co-
  THIS SECTION IS TO BE FILLED OUT BY “ELDERLY” OR “DISABLED” HOUSEHOLDS ONLY:

  Head is a person with disabilities). Upon verification, if your family meets the definition of “elderly family” or “disabled family”, your household is eligible for deduction of qualified, unreimbursed (e.g., not
  reimbursed by any other source) medical expenses for ALL family members in your household.

  NOTE: We can only give you credit for your out-of-pocket expenses that exceed 3% of your gross income. If you do not believe your expenses exceed 3% of your gross income, you do not have to complete this
  section. (For example, if your yearly income is $7,000 we can only give you credit for any out-of-pocket expenses that are over $210.)

  MaineHousing and its Agents follow the guidelines set forth in the IRS Publication 502 of qualified, allowable medical expenses. Medical expenses can include:



               Medical expenses not covered by insurance                                                        Dental, eye glasses or hearing aids
               Doctor or health professional services                                                           Live in Aid, attendant care or periodic medical assistance
               Health care facilities services                                                                  Auxiliary Apparatus (wheelchairs, ramps, vehicle adaptations, special equipment to enable
               Medicines prescribed by a physician (prescription and/or non-prescription)                        the blind to read or write, vet and/or food bills for assistance animal
               Costs related to transportation to treatment


  1. Do you or your disabled or elderly spouse receive Medicare        2. Do you or your disabled or elderly spouse receive Medicaid           3. Do you or your disabled or elderly spouse receive Mainecare
  Coverage:                                                            Coverage:                                                               Coverage:

  □ Yes □ No                                                           □ Yes □ No                                                              □ Yes □ No
  If Yes, who is covered?                                              If Yes, who is covered?                                                 If Yes, who is covered?
     □ Self □ Spouse □ Both                                               □ Self □ Spouse □ Both                                                  □ Self □ Spouse □ Both


  4. Are you or your disabled or elderly spouse required to buy non-prescription medicines or supplies as required by your doctor? □ Yes □ No
  If Yes, please provide us with receipts for the items purchased. We can only give you the credit for the items listed on the actual receipts.

                                                                                                                   Monthly Amount: $ ___________
  List Medical Expenses by Family Member:
  Family Member Name:                                  Type of Medical Expense:                                                                          Contact Information:


  Family Member Name:                                 Type of Medical Expense:                                  Monthly Amount: $ ___________            Contact Information:


  Family Member Name:                                 Type of Medical Expense:                                  Monthly Amount: $ ___________            Contact Information:


  Family Member Name:                                 Type of Medical Expense:                                  Monthly Amount: $ ___________            Contact Information:


  Family Member Name:                                 Type of Medical Expense:                                  Monthly Amount: $ ___________            Contact Information:



  5. Do you have any un-reimbursed expenses as a result of you, your spouse’s, or your disabled child’s disability that enables any family member, 18 years or older, to work? If yes, please list them below.
  DISABILITY ASSISTANCE EXPENSES




  MODERATE REHABILITATION subsidy is different from a Voucher. The difference is the building itself is subsidized rather than the tenant. That means you can have rental assistance while you are living in the
  Other Housing Options:

  building but you will lose your subsidy if you move from there. (You can be on the Moderate Rehabilitation waiting list at the same time you are on the Voucher list. Also, you can refuse a Moderate Rehabilitation
  unit without losing your placement on the Voucher list and you may remain on the Voucher list if you are living in a Moderate Rehabilitation Unit.)
  Do you want to be considered for openings in Moderate Rehabilitation buildings? □ Yes □ No

  PROJECT BASED VOUCHERS

  Assisted Living Buildings? □ Yes □ No                                                    Projects designated for victims of domestic violence, homeless youth, or supportive housing? □ Yes □ No
  Do you want to be considered for openings in:



 Household Certification:
Warning: Title 18, Section 101 of the United States Code states that a Person is guilty of felony for knowingly and willingly making false or fraudulent statements to any Department or Agency of the

 □ I certify that the information given to MaineHousing through their Agent, MaineHousing, regarding my household family members, income, assets, allowances and deductions is accurate and complete to the
United States, and shall be fined not more than $10,000, or imprisoned for not more than 5 years, or both.

 best of my knowledge and belief.
 □ I certify all answers to criminal screening questions are accurate and current.
 □ I understand that I must report all changes in household income, assets, or family composition in writing to MaineHousing within 14 calendar days of the change.
 □ I understand that BEFORE I add an adult to my household I must obtain written permission from my landlord and must receive prior approval from MaineHousing.
 □ I understand that false statements or information are punishable under Federal Law. I also understand that false sta
ements or information are grounds for termination of housing assistance and termination of
 tenancy.
 □ Unless disclosed in asset information, I certify that neither I nor any member of my household has disposed of any assets for less than fair market val
e during the last two years.

  In signing this form, the undersigned certify that the information presented on this form is true and accurate to the best of their knowledge. The undersigned further understand that providing false,
  misleading or incomplete information may result in the termination of housing assistance.
  Head of Household Signature                                                                                                                        Date

  Other Adult Household Member Signature                                                                                                                Date

  Other Adult Household Member Signature                                                                                                                Date

  Other Adult Household Member Signature                                                                                                                Date

  Other Adult Household Member Signature                                                                                                                Date




                      Revised 5-16-11                                                                  - 11 -
Other Adult Household Member Signature                                                                                                                      Date




Placement on the voucher waiting list based on this initial preliminary application does not ensure eligibility for a voucher. An applicant household that is offered a voucher will be subject to screening for income
                                                                                                       Note to Applicants:

eligibility, criminal activity, including but not limited to, drug-related criminal activity, violent criminal activity, sex offenses including registration as a sex offender, and other criminal activity related to alcohol
abuse and other matters. Depending upon the results of the screening, the applicant and their household members may be denied a voucher. A refusal by applicant or any adult household member to submit a
signed consent form allowing MaineHousing through its Agent, MaineHousing, to obtain criminal records, and/or sex offender registration information will automatically disqualify the applicant household from
participation in the Housing Choice Voucher Program.




                     Revised 5-16-11                                                                     - 12 -
   New HUD 92006 Form




Revised 5-16-11         - 13 -
   New Fair Housing One Pager
                                                     RENTAL HOUSING IN MAINE
                                            FAIR HOUSING AND HOUSING-RELATED SERVICES

   You have a right to fair housing. Fair housing means landlords cannot refuse to show or rent property or impose different terms or
   Fair Housing

   conditions on the basis of race, color, religion, gender, sexual orientation, national origin, ancestry, age, physical or mental disability,
   familial status or the receipt of any kind of public assistance. This applies to all housing offered for rent, including apartments,
   single-family homes and other dwellings, except certain owner-occupied dwellings and dwellings rented by a religious organization
   to its members unless the discrimination is based on race, color or national origin.

   Landlords can restrict the number of occupants in a dwelling based on the size of the dwelling so long as the restriction is consistent
   with all federal, state and local requirements.

   Generally, landlords cannot ask tenants or housing applicants about their race, color, religion, gender, sexual orientation, national
   origin, ancestry, age or whether they have or the nature of their disability. Some exceptions apply with respect to persons with
   disabilities and housing specifically designated for persons who are elderly.

   If you want more information about fair housing or feel you have been discriminated against, please contact:

   Office of Fair Housing and Equal Opportunity                                       Maine Human Rights Commission
   United States Department of Housing                                                State House Station 51
   and Urban Development                                                              Augusta, Maine 04333
   10 Causeway Street, Room 321                                                       207-624-6050 (voice) or
   Boston, Massachusetts 02222-1092                                                   1-888-577-6690 (TTY)
   617-994-8300 (voice), 1-800-827-5005 (voice) or                                    www.maine.gov/mhrc/
   617-565-5453 (TTY)
   www.hud.gov/offices/fheo/


   Landlords cannot discriminate against persons with disabilities. However, housing can be limited to persons with disabilities.
   Information and Assistance for Persons with Disabilities


   A landlord must make reasonable accommodations in rules, policies, practices or services as necessary to give a person with a
   disability equal opportunity to use and enjoy a dwelling. A person with disabilities or someone on the person’s behalf must request
   the reasonable accommodation. The landlord can ask a person to provide verification that the person has a disability if the disability
   is not obvious and to provide verification that the accommodation requested is needed because of the person’s disability. A landlord
   can refuse to make an accommodation that causes an undue financial burden or administrative burden.

   Learn more about reasonable accommodations at www.hud.gov/offices/fheo/library/huddojstatement.pdf
   Landlords must allow a person with a disability to make reasonable modifications to the person’s dwelling to fully enjoy the
   dwelling. The tenant must pay for the modification, the maintenance and repair of the modification and can be required to restore
   the dwelling to its original condition before the modification when the tenant vacates the dwelling. The landlord must pay these
   costs if the dwelling is federally-assisted unless the modification will cause an undue financial burden or administrative burden.

   Learn more about reasonable modifications at www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf

   Landlords must allow a person with a disability to have a service animal unless the service animal is unsafe or overly disruptive.
   The landlord can ask the person to provide verification of the person’s disability and need for the service animal unless it is obvious
   and to provide evidence that the service animal has been prescribed or trained. This requirement does not apply to two-family
   dwellings if one of the units is occupied by the owner.

   Generally, rental housing with five or more dwelling units must be constructed in accordance with certain accessibility standards.
   For more information and resources, go to:
   www.maine.gov/mhrc/ to learn more about State disability rights laws and accessibility standards
   http://www.hud.gov/offices/fheo/disabilities/pwd.cfm to learn more about the Federal Fair Housing Act relating to all housing
   and programs
   www.access-board.gov/ to learn more about the Architectural Barriers Act of 1968 relating to federally-assisted housing and
   programs
   www.hud.gov/offices/fheo/disabilities/sect504.cfm to learn more about Section 504 of the Rehabilitation Act of 1973 relating to
   federally-assisted housing and programs
   www.ada.gov/ to learn more about the Americans with Disabilities Act of 1990 (ADA) and www.ada.gov/publicat.htm for a list of
   ADA publications
   www.ada.gov/t2hlt95.htm for ADA Title II requirements relating to programs, services and activities provided or made possible by
   State and local governments
   www/ada.gov/t3hilght.htm for ADA Title III requirements relating to public accommodations
   www.ada.gov/cguide.htm (Department of Justice) and www.drcme.org/publication_full.asp?pubid=27 (Disability Rights Center of
   Maine) for consumer guides to disability rights laws
   www.disabilityinfo.gov/ for the Federal government’s website on disability-related information and resources




Revised 5-16-11                                             - 14 -
   www.maine.gov/portal/family/disability.html. for the State’s website on disability-related information and resources
   Alpha One at www.alpha-one.org/ or
   South Portland 207-767-2189 (voice), 1-800-640-7200 (voice), 207-767-5387 (TTY) or 1-866-906-5375 (TTY)
   Bangor 207-941-6553 (voice) or 1-877-229-8954 (TTY)
   Disability Rights Center of Maine at www.drcme.org/ or 1-800-452-1948 (voice/TTY)
   Access Maine at www.accessmaine.org/

   Landlords of federally-assisted housing must make reasonable efforts to provide language assistance to tenants and housing
   Limited English Proficiency

   applicants with Limited English Proficiency to ensure they have meaningful access to housing. Persons with Limited English
   Proficiency are persons who, as a result of national origin, do not speak English as their primary language and who have a limited
   ability to speak, read, write or understand English. The term LEP does not refer to people who are bilingual.
   For more information and services, contact:
   www.hud.gov/offices/fheo/promotingfh/lep.cfm to learn more about Federal LEP requirements
   State’s Office of Multicultural Affairs at www.maine.gov/dhhs/oma/MulticulturalResource/index.html
   or 207-287-4272 (voice) or 1-800-606-0215 (TTY)

   For information and services for seniors, contact Maine Agencies on Aging at www/maine.gov/ddhs/beaas/resource/aaa.htm or 1-
   Assistance for Seniors

   877-353-3771
   Legal Resources

   www.ptla.org
   Pine Tree Legal Assistance:

   Augusta, 39 Green Street Bangor, 61 Main Street
   Tel: 207-622-4731 or 207-623-7777 Tel: 207-942-8241 or 207-942-1060 (TTY)
   or 207-623-7770 (TTY)
   Lewiston, 37 Park Street, Suite 401 Machias, Route 1 and Old County Road
   Tel: 207-784-1558 Tel: 207-255-8656 or 207-255-6179 (TTY)
   Portland, 88 Federal Street Presque Isle, 373 Main Street
   Tel: 207-774-8211 or 207-828-2308 (TTY) Tel: 207-764-4349 or 207-764-2453 (TTY)
   Farmworker & Native American Units Multi-lingual Language Line
   Bangor Tel: 207-774-8211
   Tel: 207-942-0673

   www.drcme.org www.vlp.org
   Disability Rights Center Maine Volunteer Lawyers Project

   1-800-452-1948 (voice/TTY) 1-800-442-4293

   www.mejp.org www.ilapmaine.org 207-626-7058 207-780-1593 or 1-800-497-8505
   Maine Equal Justice Project Immigrant Legal Advocacy Project


   www.mainelse.org www.helpmelaw.org
   Legal Services for the Elderly HelpMELaw

   1-800-750-5353

   207-621-6848 or 1-800-381-0609 www.mainebar.org/lawyer_need.asp
   Community Mediation Services Lawyer Referral and Information Services

   207-622-1460 or 1-800-860-1460

   MaineHousing does not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age,
   MaineHousing’s Nondiscrimination Policy

   physical or mental disability, or familial status in the admission or access to, or treatment or employment in, its programs, and
   activities. MaineHousing will provide appropriate communication auxiliary aids and services upon sufficient notice. MaineHousing
   will also provide this information in alternative formats upon sufficient notice. MaineHousing has designated the following person
   responsible for coordinating compliance with applicable federal and state nondiscrimination requirements and addressing
   grievances: Louise Patenaude, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633, Telephone Number 1-
   800-452-4668 (voice in state only),(207) 626-4600 (voice), 1-800-452-4603 (TTY in state only), or (207) 623-2985 (TTY).




Revised 5-16-11                                         - 15 -
       Section 08 – Waiting Lists

Applicant placement on MaineHousing’s waiting lists is based on preliminary screening only and
does not ensure eligibility or eventual entry into the Program. MaineHousing will utilize the
following procedures for opening and closing its waiting lists:


Opening the Waiting List
When MaineHousing opens its waiting lists, it will do so by giving public notice. The public notice
will state:
      Families may apply for Section 8 rental housing assistance
      Where and when to apply
      The opening date
      A policy of non-discrimination
      Any other pertinent information in regards to applying to the Program

The opening announcement of a waiting list will be done through media such as local newspaper
advertisements, MaineHousing’s website, and/or public service announcements via radio or
television, or other appropriate means.


Closing the Wait List
MaineHousing will close its waiting lists when it determines the lists contain more applicants than
funds can service in a reasonable period of time, (e.g., 2 to 3 years).

Applicants who are homeless by definition will be placed on MaineHousing’s waiting lists, even
when the waiting lists are closed. At the time of voucher issuance, applicants’ homeless status must
be re-verified and in the case an applicant is no longer homeless by definition, their homeless
preference will be removed and they will remain on the wait list with their original date and time of
application.


Maintaining the Waiting Lists
By County:
    MaineHousing’s regular voucher wait lists are maintained by county.
    Applicants apply to the county in which they are currently residing.
    An acknowledgement of application letter is sent to the applicant.
      (See sample letter at end of this section)
    An applicant cannot be listed on more than one county wait list at a time.

NOTE: Transfers between Agents. Applicants wishing to transfer to another MaineHousing
Agent will have their name transferred to the new county location, while retaining their original date
and time of application.




Revised 5-2-11                               -1-
By Project:
    Waiting lists for moderate rehabilitation projects and project-based vouchers are maintained
       by project. These applicants can be listed on more than one wait list at a time (e.g., also
       county wait lists).

    See Section 33 for instructions regarding selecting from Mod Rehab Wait Lists by
    bedroom size.

Updating the Waiting Lists
MaineHousing/Agents will periodically request information by letter from current applicants to
update family status and to verify the family is still interested in applying to the Programs by
updating a Personal Declaration form. Applicants will be given 10 business days to respond, and
MaineHousing/Agents will presume that this correspondence was received within 3 calendar days of
mailing to respond from the date of letter requesting this information. (See sample letters at end of this
section).

        When correspondence is returned undeliverable:
        When the letter is returned undeliverable, the application will be terminated and the
        envelope and application will be filed and retained for three years from the termination date.

        When there is no response to correspondence:
        When there is no response, (but letter was not returned undeliverable ),
        MaineHousing/Agent will send the applicant its “intent to remove from waiting list” letter
        to the applicant’s last known address on file. This second letter must be sent by both regular
        and registered or via certificate of mailing (or proof of mailing). MaineHousing/Agent
        cannot terminate an applicant who has not responded, without this second proof of mailing.

        If there is no response to this second letter, the application will be terminated and the
        envelope and application will be filed and retained for three years from the termination
        date.

        However, should an applicant family request an informal review at a later date,
        MaineHousing/Agent will respond with:
            A brief explanation of the reason for removing them from the wait list.
            Give the family opportunity to meet to review and discuss the decision.
            Include the VAWA statement
            (See Section 20 - Informal Reviews & Informal Hearings for more details.)

        When there is a response to correspondence:
        Any changes to applicant household will be updated and filed.


Ranking & Placement on Waiting Lists
Selection of applicants from the waiting list for admission to a Program will be in the following
order of preference, by receipt date and time of application:




Revised 5-2-11                                -2-
      Date and Time Order
      All applicants are placed on MaineHousing waiting lists in the date and time order that their
      application was received. MaineHousing and its Agents must indicate by date time stamp,
      the date and time received on the original application.

      The original application date will always remain the same for as long as the application itself
      remains active. Any (new) preferences, applied for an applicant following the original
      application date, do NOT alter the date of this original application.

      Drawing from Wait Lists
      Applicants will be drawn from waiting lists on a first-come-first-serve basis, taking into
      consideration priority ranking and placement as a result of their waiting list preference(s).
      Those individuals with preference(s) will be assisted before those without preferences.

      Wait List Preferences
      MaineHousing has two ranking wait list placement preferences for assistance, a Maine
      Residency preference and a Homeless preference, ordered in priority in the following chart.

      Whenever a preference is denied, MaineHousing/Agent must notify the applicant in writing
      of this denial and offer the applicant an informal review. (See Section 20 - Informal Reviews and
      Informal Hearings for further information)

       Ranking           Preference:   Preference:

       Highest           Homeless      Living or Working in         Elderly Families 62+, and/or
       Priority          Homeless      Residency                    Family Composition

                                       Maine                        Disabled Families, and Families
                                                                    of two or more persons, if such
                                                                    Families are Homeless and living
                                                                    or working in the State of Maine.
                         Homeless      Living or Working in         An individual who is Homeless,
                                       Maine                        less than 62 years of age, not a
                                                                    person with a Disability, and
                                                                    living or working in the State of
                                                                    Maine.
                         No            Living or Working in         Elderly Families 62+, Disabled
                                       Maine                        Families, and Families of two or
                                                                    more persons who are living or
                                                                    working in the State of Maine.
                         No            Living or Working in         All other Families who live or
                                       Maine                        work in the State of Maine.
                         Homeless      No                           Homeless non-residents NOT
                                                                    living or working in the State of
                                                                    Maine
       Lowest            No            No                           All other applicants




Revised 5-2-11                              -3-
Defining Homelessness:

 Staying with friends or relatives, even             Lacking fixed, regular and/or adequate nighttime
          Homeless DOESN’T Include:                                     Homeless INCLUDES:

                                                     residence.
 Living in substandard housing unless it is not      Residing in a place not designed for, or ordinarily used
 temporarily.

 designed for regular sleeping accommodation         as, a regular sleeping accommodation for human beings
                                                     Residing in a structure not designed for year-round
                                                     habitation.
                                                     Residing temporarily in a supervised, public or private
                                                     shelter. See listing for approved shelters in
                                                     MaineHousing Rental Guide. If shelter is not
                                                     MaineHousing Rental Guide, must contact Maureen
                                                     Brown, HUD Section 8 Manager for approval.
                                                     Residing at a motel or apartment that is temporarily
                                                     (not long term) being paid for, or subsidized by, an
                                                     independent agency (e.g., sponsored by Red Cross), a
                                                     town (e.g., General Assistance), or a church.
                                                     Individuals with verified homeless status through the
                                                     STEP, BRAP, or Shelter+ Care programs; grandfathered
                                                     individuals in RAC+ Program.



Verifying Homelessness
An applicant must give full cooperation in this verification process or subsidy may be denied.

Verification of homelessness must consist of one of the following:

Written notice from a homeless shelter facility where the applicant is residing. (See new form at end of
this section, “Third Party Verification of Homeless Status”).
Or:
Written statement from a “qualified entity” willing to certify in writing and/or verbally to
observation under auditor questioning that the applicant has spent at least one night during normal
sleeping hours (midnight to 5:00 a.m.) in a place not designed, or ordinarily used for, regular sleeping
accommodation for human beings (e.g., streets, parks, tents, cars or campers).

“Qualified Entities” include, but are not limited to staff members of:
      Law enforcement agencies
      Social services agencies
      General Assistance
      Counseling facilities

Other Considerations:
             Families failing to respond to waiting list update notices, offering notices; or other information will be
             sent a certified letter stating MaineHousing/Agent’s intent to remove them from the waiting list. Failure to
             respond to this certified letter within 10 business days with MaineHousing/Agents presuming that
             this correspondence was received within 3 calendar days of mailing will result in removal from the
             wait list.
             If the original notice is returned as undeliverable, the family will be removed for the wait list with no further
             notice.




Revised 5-2-11                                     -4-
            Families coming to the top of the wait list who owe money to MaineHousing or another housing authority
            are given a 30-day period to pay in full or enter a repayment agreement. During this period, the families
            retain their position on the wait list, but may be skipped over, as subsidy becomes available. If families
            have not made the appropriate arrangements within the 30-day period their names are removed from the
            wait list.
            Applicants who have been denied for criminal backgrounds have 10 business days to respond, and
            MaineHousing/Agents will presume that this correspondence was received within 3 calendar days
            of mailing of the receipt of the denial letter to request a review if they disagree with the decision.
            If the family requests an informal review to discuss a wait list denial, an impartial person conducts that
            review and must issue a written, outcome decision. Agents must honor/respond to requests for
            informal reviews within 10 business days of the request.
            Applicants may be granted an additional 10 business days, to submit any missing or additional
            paperwork.
            SSN Requirements - Program Applicants
              If an applicant family is otherwise eligible to participate in the Program, until the family can provide valid
              SSN documentation for each of its household members, the applicant family may retain its place on the
              waiting list for the Program (but will be skipped over, offering to the next eligible applicant family on the
              waiting list):
                      MaineHousing and its Agents will (1) temporarily skip over an applicant family missing SSN’s for
                       any of its members, offering to the next eligible family on the waiting list and (2) will retain that
                       applicant family on the waiting list for a period of 90 days.
                      If at the end of 90 days, the family has not produced the SSN documentation, the family will be
                       properly notified and then removed from the wait list.
                      A new wait list status has been created for families without valid SSN documentation, “SSN
                       HOLD”. Agents will change these applicable families’ wait list statuses from “ACTIVE” to “SSN
                       HOLD”.
                      Agents will be able to run Wait List Report requesting only the “SSN HOLD” status to help in
                       their tracking of those families who have 90 days to produce valid SSN documentation.




Emancipated Minors
MaineHousing accepts applications to their wait lists from families whose head or spouse is at least
18 years of age or has been emancipated through court action.


HUD Special Purpose Funds or Programs
Persons qualifying for special purpose funding may be placed on specific program wait lists and
county wait lists if appropriate. These applicants can be selected over other applicants on the wait
list.




          √                              √                                 √
Some special funding programs include, but are not limited to:



Project-Based Vouchers           Family Unification          1-year Main Stream Vouchers
                                     Program                     for homeless disabled




Revised 5-2-11                                  -5-
           √                             √                                √
    VASH Vouchers             Moderate Rehabilitation         1915c Vouchers for those
                                    Projects                qualifying for Medicaid home-
                                                               based waiver. We have 7
                                                            slots (issued only by Maureen
                                                                        Brown).




Transitional Housing/SuperNOFAs
MaineHousing approves and maintains a list of these transitional housing facilities. MaineHousing
will allow portability from its wait lists for SuperNOFAs only.

If an Agent receives a request from a facility to be added to this list, the Agent will direct that facility
to contact MaineHousing for review and approval.

For the purpose of establishing a Preference for the Section 8 Voucher program, MaineHousing has
defined Transitional Housing as:
     Housing that will facilitate the movement of homeless individuals and families to permanent
        housing within 24 months (24 CFR §583.5) and must meet all of the following requirements:
         Is sponsored by a governmental or a non-profit entity which meets the definition of a
             501(c)(3)organization as defined by the IRS Code;
         limits the length of time a person may stay;
         serves a targeted population; and
         provides some level of service(s) to residents.

Families who are awarded a voucher may use the voucher to lease a unit in a Transitional Housing
project provided the following conditions are met:
     They meet the income requirements and the usual Section 8 Existing program standards are
        met.
     The rented unit must be a full unit with tenant having exclusive use of kitchen and bathroom
        or an approved SRO Unit.
     The tenant must execute the landlord’s lease with the HUD Tenancy Addendum attached.
     Tenants who are evicted for non-compliance with their Transitional Program Plan may take
        their Voucher subsidy with them.
     Tenants who are evicted for serious or repeated violation of the lease will lose their Voucher
        subsidy.
     The usual requirement that tenants live in the unit for the initial term, (usually one year) still
        applies. However, if the tenant decides to relocate after one year, the Voucher goes with the
        tenant. Also, with mutual consent of the landlord, a tenant may move before the end of the
        initial term of the lease.

If these applicants are not ready to leave the Transitional Housing at the time subsidy is initially
offered, they will not lose their homeless preference status and will remain on the wait list with their
original date and time of application.



Revised 5-2-11                                 -6-
(See Appendix D - for MaineHousing’s Transitional Housing/SuperNOFA listing.)


Other Programs
MaineHousing has modified the existing Rental Assistance Coupon Plus (RAC+) Program and is
offering housing subsidies and security deposits through a new program, the Stability Through
Engagement Program (STEP) and the STEP with Recovery. These programs will utilize the
resources available to their best potential to meet the needs of the homeless population and
current trends from best practices. Federal and state initiatives have focused on the need for a
rapid re-housing approach to quickly move clients out of shelters and into stable and sustainable
housing. These changes address the use of outcome measures obtained from best practices from
the current Homeless Prevention and Rapid Re-housing Program, as well as the statistics from 2
years of Rental Assistance Coupon Plus (RAC+) Program referrals.

Stability Through Engagement Program (STEP)
The new STEP emphasizes collaboration with external partners to deliver programs and will
focus on a Rapid Re-housing model with enhanced financial stability components. Some of the
key components to the program include:
   • Serve all homeless populations
   • Homeless verification, using the HUD Homeless Definition
   • Rental assistance for 3-6 month periods, including security deposits
   • Focus on economic stability and addressing barriers to housing that are attainable within
        6 months
   • Realistic plans for stability established, including goals & budgets
   • Applications from trusted partners at shelters
   • Targeting six counties: Androscoggin, Cumberland, Kennebec, Knox, Penobscot and
        York
   • Emphasizes collaboration among shelters

Stability Through Engagement Program (STEP) with Recovery
The new STEP with Recovery is a MaineHousing and the DHHS Office of Substance Abuse
partnership for a Pilot Program to assist homeless families and individuals that are currently
working on recovery from substance abuse issues. This collaboration facilitates a coordination of
care for these individuals to insure long-term housing stability. MaineHousing has set aside a
total of 50 STEP with Recovery Vouchers to assist clients. MaineHousing is working with
OSA’s current service providers in the Portland and Bangor area to create a trusted partner
relationship to implement and deliver the Pilot program in a phased implementation, with the
first area of operation being Portland followed by Bangor. Some of the program criteria include:
     • Serve all populations in substance abuse recovery
     • Homeless verification, using the HUD Homeless Definition
     • Housing First model with enhanced services
     • Rental assistance for 3-6 month periods, including security deposits
     • Focus on economic stability and addressing barriers to housing, and realistic plans for
         stability established by service providers.




Revised 5-2-11                               -7-
   •    Set aside of 25 housing subsidy vouchers for Portland and 25 housing subsidy vouchers
        for Bangor.
   •    Phase I – Portland by April 1st and Phase II – Bangor by July 1st

Individuals receiving DHHS’s Bridging Rental Assistance Program (BRAP) program may be
considered homeless if verification is obtained from the BRAP administering agency proving
homelessness at admission to the BRAP program.

                      BRAP                                            STEP Program


 (BRAP) is a transitional program developed by       (STEP) is designed to provide short term rental
 The “Bridging Rental Assistance Program             The Stability through Engagement Program

 DHHS to assist low-income individuals with          assistance for 3-6 months to help individuals and
 disabilities with housing assistance for up to 24   families achieve housing stability. The focus is on
 months or until they receive a Section 8 voucher,   rapid re-housing people who are homeless and
 or other “deeper” subsidy program. BRAP             referred by a shelter in one of the six counties
 participants must apply for Section 8 to receive    where the program is offered: Androscoggin,
 BRAP subsidy. Recipients can continue to reside     Cumberland, Kennebec, Knox, Penobscot, and York
 in these units once awarded a voucher if the unit   counties.
 is approved. BRAP participants pay 51% of their
 income for rent, and BRAP subsidizes the           STEP with Recovery is similar and focused on
 remaining portion of the rent.                     people who are working on recovery from
                                                    substance abuse issue. Step with Recovery is
                                                    offered through a collaborative with DHHS, Office
                                                    of Substance Abuse and specific substance abuse
                                                    providers. Step with Recovery is currently a pilot
                                                    program in Portland, Maine and may be expanded
                                                    to other areas over time.
                                             Shelter+ Care

 Shelter+ Care is a DHHS administered federal program funded by HUD designed to provide rental
 subsidies and supportive services to homeless individuals with severe and long-term disabilities,
 including but not limited to chronic mental illness, substance abuse and HIV/AIDS. Individuals under
 the Shelter+ Care do NOT receive our Homeless preference.

                                          RAC+
 Suspended: MaineHousing “Rental Assistance Coupon” Program (RAC+).

 Grandfathered RAC+ participants will continue to have the same distinction under the HCV Program.




Eligible at Admission
After the screening process is completed, MaineHousing or its Agent will make a final determination
of eligibility. This decision is based upon the information provided by the family as well as the
completed verifications. If eligible, a briefing will be scheduled for the issuance of the voucher and
the family’s orientation to the Program.


Ineligible at Admission




Revised 5-2-11                                  -8-
At the time an applicant household moves to the top of the waiting list it will be subject to screening
for program eligibility. Reasons for removal due to screening failures include, but are not limited to:

                                   In order to MaineHousing/Agent to retain current contact
                                   information, applicants are responsible to give written
1) Not giving full cooperation

                                   notification of any and all address, telephone and contact
and assistance in verification

                                   changes. For example if an applicant fails to respond to waiting
process.

                                   list update notices, offering notices, or any other requests for
                                   information or clarification before the deadline specified within
                                   that correspondence, they will be terminated, losing their place
                                   on the waiting list (their name will be removed) and they will
                                   have to reapply for assistance if the wait list is opened. A final
                                   termination letter will be sent via certified mail if the letter was
                                   not returned undeliverable.

                                   Likewise, if mailed correspondence is returned undeliverable.
                                   NOTE: The only exceptions will be for a Reasonable
                                   Accommodation or an act that is considered beyond the family’s
                                   control (e.g., hospitalization, accident, VAWA, etc.).
                                   Documentation will be required to consider a request for an
                                   exception.

                                   Also applicants who turn down assistance when available will
                                   be removed from the waiting list.
                                   NOTE: Applicants receiving BRAP or RAC+ assistance will be
                                   retained on the wait list unless they indicate they will not be
                                   using the assistance, or they will never qualify for the
                                   assistance.

                                   When an applicant is found to be over-income at time of
                                   admission, the applicant must be notified in writing that it has
2) Income ineligibility.

                                   been found they are actually over income to participate in the
                                   HCV Program.
                                   NOTE: For administrative calculation errors, the Agent will be
                                   held responsible for any overage of HAP dollars that have been
                                   inadvertently disbursed.

                                   Applicants who have been denied for criminal backgrounds may
                                   request an informal review.
3) Criminal activity:


                                   The homeless preference status is verified at time of
                                   application, and again prior to admission. At time of
4) Ineligibility due to a change

                                   admission/voucher offer, if an applicant is found to be no longer
in preference:

                                   eligible for the homeless preference, MaineHousing/Agent will
                                   remove their preference but retain them on the wait list, even if
                                   the wait list is closed.

                                   Applicants are given 30 days of coming to the top of the Wait
                                   List, to either repay debt in full or enter into a repayment
5) For known refusal to pay

                                   agreement and make initial payment to a housing authority for
debt owed to a housing

                                   a HAP overpayment or to a landlord for known unit damages
authority or a landlord:

                                   and/or back rent. Otherwise, applicant’s name will be removed
                                   from the wait list.




Revised 5-2-11                                -9-
                                  For landlord debts, the applicant must provide written
                                  information that demonstrates they have either paid the
                                  landlord in full, or are currently making payments to the
                                  landlord.



Quality Control Review of Wait Lists:


Agent Steps:
Below are the steps all Agents are to implement immediately for wait list reports and wait list draws:
    Agents must contact their MaineHousing PO before performing any wait list draws.
    Once MaineHousing PO has given the go ahead to do a wait list draw, the Agent will “take a
       picture” of the entire wait list before drawing from it to document families were selected in
       proper order from the wait list.
    To accomplish this, the Agent will perform the following steps:
          Sort the Wait List. From Elite’s Main Menu under “WL-Waiting List”, select
               “Waiting List Sorting Process.” (Select your Wait List; Sort by Preference; Most to
               Least; Perform Sort).
          Run Wait List Report. From Elite’s Main Menu under “WL-Waiting List”, select
               “Waiting List Report” and then select the report “Waiting List Report” to run.
               (Settings: Status=Active; HH type=Select All; Bedroom Size=Select All; Unit
               Detail=Yes; Position Type: Standard Position).
          Save the output of this Wait List Report as a .PDF file. Forward the .PDF file
               (a copy of the entire wait list) to MaineHousing PO via secure email, same day.


MaineHousing Program Officer Steps:
Upon receipt of the Wait List Report via email, the PO will run a copy of the Wait List Draw that
was pulled following the generation of the Wait List Report.
    To obtain a copy of the Wait List Draw, the PO will perform the following steps:
        Go to “Voucher Offers” and search by Wait List. Once located, double-click to
             get detail of individuals.
        Save a Copy of Wait List Draw to Grid. PO must compare and review all Wait
             List Report/Wait List Draw submittals sent via email by Agent to make sure proper
             selection of families from wait lists has occurred.
        On a monthly basis, PO also run a copy of all (each county, PBV project or MR
             project wait lists) to review preferences (or lack of).

       When a waiting list draw has been approved and completed, the Agent is to place a copy
       of the draw in the tenant’s file. All draws must be approved by the MaineHousing
       Program Officer.




Revised 5-2-11                              - 10 -
Wait List Sample Letters:


                                             DATE OF THIS LETTER
Application Acknowledgment Letter


APPICANT NAME                              DATE APPLIED:______
APPLICANT ADDRESS

Dear APPLICANT NAME:

Maine State Housing Authority received your application for subsidized housing and based on the
information provided we have determined that you appear to be eligible. Final determinations of
eligibility are made just prior to the offering of housing assistance. Your name can be placed on the
appropriate waiting list below:

COUNTY: ________                                    BEDROOM SIZE: _____

Please note that our Agency does not administer assistance in the cities that have their own Housing
Authority. If you wish to live in one of these cities, you can apply for the Section 8 Program at that
City’s Authority.

We cannot predict exactly when we will be able to offer you housing assistance. We will contact you
to confirm your eligibility for the housing program (family composition, assets, income, and
expenses) prior to issuing a voucher. Once that is completed, we will have to wait for funds to
become available. Because little new funding is assigned to us, this means we must wait until one of
the families now being assisted goes off the program.

Please be sure to let us know, in writing, if your family composition or address changes. When
writing; provide your full name, address, Social Security number, and identify which county’s
waiting list (above).

                                   EQUAL HOUSING OPPORTUNITY




                                                    DATE OF THIS LETTER
Removal from Wait List – Letter 1 (in Elite)


APPICANT NAME                                       DATE APPLIED:______
APPLICANT ADDRESS

Dear APPLICANT NAME:

We are in the process of updating our Section 8 waiting list for the Housing Choice Voucher Program.
If you are interested in remaining on the waiting list for this subsidy, please complete the enclosed
application and return as soon as possible.

If we do not receive this information by DATE, (<=10 business days and MaineHousing/Agents
presume correspondence was received within 3 calendar days of mailing.=>) we will assume that you
are no longer interested and your application will be removed for the Section 8 HCV waiting list.

Please contact me at ___________ if you have any questions.




Revised 5-2-11                                   - 11 -
                                                    DATE
Removal from Wait List – Letter 1 (Certified)


This letter sent both regular and certified mail.

Name
Address
City, State

Dear Name:

On (date of request letter) you were sent a letter regarding your application for a Housing Choice
Voucher. That mailing required you to complete and return several forms to allow us to update your
application. The deadline given for you to return those documents was (original deadline to
respond). Our office did not receive any response from you.

This letter serves as notice that your application for subsidized housing assistance through
the Housing Choice Voucher Program has been removed from the waiting list effective (date
application terminated).

If you feel this decision was made in error, you may submit a written request for an Informal Review.
Your written request must be postmarked no later than 10 calendar days from receipt of this letter.
This letter is considered received by you 3 days from the date the letter was mailed. Your written
request must be addressed to _________, Program Officer, Maine State Housing Authority, 353 Water
Street, Augusta, ME 04330. Again, your request must be postmarked no later than (deadline to
request hearing).




Revised 5-2-11                                 - 12 -
New Form revised!
                                        Housing Choice Voucher Program

                                  Third Party Verification of Homeless Status

This form is to be used as certification that the individual/family applying for assistance meets
MaineHousing’s definition of a homeless applicant, which is:

Any person or family who lacks a fixed, regular, and adequate nighttime residence and whose primary
nighttime residence is:
    • A supervised publicly or privately operated shelter designed to provide temporary living
        accommodations (including welfare hotels, congregate shelters, and transitional housing); or
    • A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation
        for human beings.

                    NOTE: Living with friends or relatives is NOT considered homeless.

This verification form can be filled out and signed by staff from a law enforcement agency, welfare or social
services agency, clergy, or a counseling facility.

Homeless applicants must provide proof of homelessness on the date of application, and again on the date
they are issued a Housing Choice Voucher. This form must accompany the original application packet and the
dates below must coincide with the application date. When the applicant is invited to a Tenant Briefing
meeting to receive a voucher, they are required to again verify their homeless status by providing this form
with dates that coincide with the date of the Tenant Briefing meeting. The date(s) and time listed below
MUST be the same day the application is received at our office, or the day of the Tenant Briefing
meeting to issue a voucher.

If the applicant lacks a fixed, regular and adequate nighttime residence and is spending nighttimes in a public
or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings,
the person signing this verification must have observed the applicant during normal sleeping hours
(midnight to 5 a.m.).

        Date        Time         Observer’s Initials          Nighttime residence (car, bench, etc.) and location
        _______     _______       _______________             ____________________________________
        _______     _______       _______________             ____________________________________
        _______     _______       _______________             ____________________________________

The persons signing below are certifying that this individual/family is homeless in accordance with the
definition stated above. MaineHousing is dedicated to maintaining the integrity of the Section 8 Housing
Choice Voucher Program and will take positive steps to prevent the occurrence of program abuse,
misrepresentation or fraudulent activity. Signing this verification form falsely is an act of fraud and
corrective actions will be taken.

        _________________________________________________          _____________________________
        Agency Name and Phone Number                                Date

        _________________________________________                  _________________________________________
        Signature                                                   Printed Name

        _________________________________________                  ________________________________________
         Applicant Signature                                         Date




Revised 5-2-11                                       - 13 -
        Section 09 – Voucher Issuance and Briefings


Offering Vouchers
As vouchers become available through turnover or new funding, applicant families at the top of the
wait list will be sent a letter requesting updated applicant information.

Issuing Vouchers
Appointment letters will be sent to successfully screened applicant families to attend a briefing of
the Program and will advise what information to bring to that briefing. Briefings give applicants
information on how the Program works. Topics covered are listed in HUD 24 CFR 982.301.

The Applicant head of household and any household members age 18 years or older must
attend a tenant briefing in order for the applicant family to be issued a voucher. (See New! Family
Certification of Briefing (replaces the Tenant Briefing Check List) at end of this section.

Effective 6-1-10 (see MBrown 5-12-10 email to all Agents):
Form HUD 52675 - Notice to Applicants and Tenants - PIH EIV Debts Owed to PHAs &
Terminations. This new form must be signed by both applicants and existing tenants. Agents
must retain a copy on file, therefore 2 copies must be sent to all tenants with their annual review
paperwork, to include any other adult household members (18 or older). All adult applicants (18
years or older) must sign at briefings. And all new adult household members must sign as well.

An applicant that is unable to attend a briefing and contacts MaineHousing/Agent to request an
alternate appointment before the time of the briefing arrives, will be scheduled for another briefing.
MaineHousing and its Agents can implement the “3 strikes and you are out” rule, by which this
applicant can be invited for up to 3 briefings before removing them from the wait list. However, a
failure to attend a scheduled briefing without prior notice to MaineHousing or its Agent will result in
removal from the waiting list. The family can reapply if the waiting list is open.

MaineHousing will send a letter to the applicant giving the reason for removal to be “non-
attendance without prior notice”, allowing the applicant an opportunity for an informal review.

During the briefing, the head of household will be issued a Housing Choice Voucher. (See Section 11-
Subsidy Standards for more details regarding voucher size to issue).

If a family adds an adult or child as a household member after issuance of the voucher, but before
lease-up, they will be required to fill out a new Household Personal Declaration form, and will be
required to go through all normal application/eligibility procedures.

Issuance of a voucher or approval of a Request for Tenancy Approval will be delayed until the
family has completed eligibility certification.

The following will be verified prior to issuing a voucher (or prior to an addition to the household is
completed):



Revised 7/18/11                              -1-
       Preference
       Criminal record
       Family composition
       Income, assets, medical expenses
       Families will be required to provide certification of social security numbers and citizenship
        status in accordance with HUD 24 CFR 5.210 and 5.500, as well as certifications that they
        have given true and complete information as required by HUD 24 CFR 982.551.

If during this process the applicant is determined ineligible, they will be advised in writing of this
determination. Applicants may request a review of the denial in accordance with MaineHousing’s
informal review process.
( See Section 20 – Informal Reviews & Informal Hearings for more details.)


MaineHousing PowerPoint Briefing Presentation
For all briefings, MaineHousing strongly encourages its Agents to utilize the PowerPoint Briefing
Presentation developed by MaineHousing in some capacity (slide show, instructional guide, handout
to briefing attendees).


Affirmatively Furthering Fair Housing and Encouraging Landlord Participation in Low
Poverty Areas
MaineHousing and its agents encourage participation by owners of units outside areas of poverty or
minority concentration and use maps clearly delineating areas in its jurisdiction that are considered
areas of high poverty or minority concentration.

MaineHousing examines poverty by census tracts and identifies qualified census tracts as areas of
high poverty. The definition of qualified census tract comes from 26 CFR 6a.103A-2 Qualified
Mortgage Bond:

“(4) Qualified census tract. (i) The term "qualified census tract" means a census tract in which 70
percent or more of the families have an income which is 80 percent or less of the State-wide median
family income.”

Maine has 14 qualified census tracts located in five municipalities and four counties. Maps provided
by the U.S. Census Bureau show the borders and street names outlining the census tracts. Maps of
Maine may be viewed at: http://ftp2.census.gov/plmap/pl_trt/st23_Maine/. The following are the
qualified census tract numbers and corresponding municipalities and counties:
     In Androscoggin County: 201, 203, 204 (parts of Lewiston).
     In Cumberland County: 3, 5, 6, 10, 12 (parts of Portland).
     In Kennebec County: 241.02 (part of Waterville).
     In Penobscot County: 2, 9, 10, (parts of Bangor); 61, 63 (Orono).

It should be noted that MaineHousing and its agents are not the program administrating agency for
Bangor, Lewiston, Portland and Waterville, as those municipalities have local housing authorities.
MaineHousing and its partner, Penquis Community Action Program (PCAP), are the administrating



Revised 7/18/11                               -2-
agency for the Town of Orono. PCAP’s administrators are encouraging voucher recipients to locate
outside of the specific poverty area in Orono.

MaineHousing has set our payment standards at the highest possible amount in order to encourage
landlords to participate. Staff also attends landlord association meetings to explain the program.



                          Family Certification of Briefing
New! Family Certification of Briefing (replaces the Tenant Briefing Check List):


This is to certify that on this date I have completed a family briefing for the Housing Choice Voucher Program.

The items below have been explained to me by AGENT. I understand that should I need further explanation on
any or all of these items, it is always available to me in person, by telephone or in writing.

              □    A description of how the Housing Choice Voucher Program works.

              □    My responsibilities to the landlord.

              □    My family obligations to MaineHousing.

              □    How the Housing Assistance Payment (HAP) is determined for my family.

              □    How MaineHousing determines the maximum rent for a unit.

              □    The length of the term of my voucher and the policy for extensions

              □    An explanation of portability and the procedures for exercising portability.

              □    MaineHousing’s policy on providing information to prospective landlords.

              □    How MaineHousing determines a family’s unit size.

              □    An explanation of the grounds for termination of assistance.

                   When and how I am required to report any and all family member income and/or family
                   composition changes in writing within 14 calendar days of the change to AGENT.
              □


              □    Requirements surrounding Housing Quality Standards Inspections.

                   The Family Handbook                                 Notice to Applicants Regarding Debts
                                                                       Owed
              □                                                   □

                   Protecting Tenants at Foreclosure Act               What You Should Know About EIV
                   A Good Place to Live!                               Family Certification of Briefing (New!)
              □                                                   □

                   The Landlord Packet                                 Protect Your Family From Lead in Your
              □                                                   □

                                                                       Home
              □                                                   □

                   Housing Choice Voucher                              Maine Housing Family Self-Sufficiency
                                                                       Program
              □                                                   □

                   The Family Information Sheet (New!)                 Are You a Victim of Housing
                                                                       Discrimination?
              □                                                   □


     It is my responsibility to locate suitable and eligible housing before the expiration date of my voucher, and
to notify MaineHousing if I am having difficulty. I understand the rules of the program and will comply with
them as long as I participate in the program.
           ______________________________________________            Date: _____________________
           Applicant Signature
        ______________________________________________             Date: _____________________
        Additional Household Adult Signature




Revised 7/18/11                                          -3-
      ______________________________________________       Date: _____________________
      Additional Household Adult or Translator (specify)




Revised 7/18/11                                   -4-
New! Family Information Sheet
                                         FAMILY INFORMATION SHEET
HEAD OF HOUSEHOLD: MICKEY MOUSE

Payment Standards:

 Franklin    541   583           710       848      1101       1266      1431       1596
 County     0 BR 1 BR            2 BR      3 BR     4 BR       5 BR      6 BR       7 BR

 Kennebec    467   561           698       953      1018       1171      1324       1477
 Lincoln     645   694           837       1010     1041       1197      1354       1510
 Somerset    448   556           660       931      987        1136      1283       1432
 Sagadahoc   738   738           885       1069     1533       1763      1993       2223

Payment standard amounts include the costs of utilities, whether you pay them or the landlord pays them. You
will be provided a utility allowance if you pay your own utilities. The amount of the utility allowance will
depend upon the type of utility and who is responsible.


                        Possible utility allowance range
Range for possible utility allowance:

 0 Bedroom (studio)     $32 - $120+
 Unit Size:

 1 Bedroom              $40 - $161+
 2 Bedroom              $51 - $224+
 3 Bedroom              $61 - $276+
 4 Bedroom              $75 - $326+
 5 Bedroom              $86 - $374+

Household Composition:

 Mickey Mouse        Head                             M           30
 Members             Relationship                     Gender      Age

 Minnie Mouse        Spouse                           F           32
 Baby Mouse          Other Youth Under 18             F           4


The income amounts below are based on what is currently in your file.    If there are changes in your household
Household Income:

income or family composition, the information below will change.

  Mickey Mouse                    Tanf                  $363             Monthly             $4356
  Members With Income             Income Source         Amount           Frequency           Annual Amount

  Minnie Mouse                    SSI                   $674             Monthly             $8088
  Total Anticipated Annual Income for Household:                                             $12,444


 Members                         Deduction or Allowance                            Amount
Household Deductions and Allowances:

 Baby Mouse                      Dependent                                         $480
 Minnie Mouse                    Elderly/Disability                                $400
 Total Anticipated Household Deductions and Allowance:                             $880


                                        $12,444
Your adjusted monthly income is:

                                          -$880
 Annual Income

                                        $11,564
 Deductions and Allowances
 Adjusted Annual Income
 Adjusted Monthly Income                   $964


                                            $964
This is an approximation only of your portion of the rent:

                                            $289
 Adjusted Monthly Income

                                            $386
 30% of your adjusted monthly income
 40% of your adjusted monthly income


If you do not qualify for portability, you will become eligible to port after being a program participant and
Do you have portability? Yes

residing in Maine Housing’s jurisdiction for 12 months.




Revised 7/18/11                                        -5-
                                                                       DATE
Invite Letter to the Tenant Briefing:

APPLICANT ADDRESS

Re: Tenant Briefing Invitation - __________ County

Dear APPLICANT NAME:

Your application for rental assistance has been evaluated for eligibility, and I am pleased to inform you that we
have a Housing Choice Voucher (HCV) available for you.

In order for Maine State Housing Authority to issue you a Housing Choice Voucher, all members in your
household, aged 18 and over, must attend the tenant briefing meeting. The purpose of the tenant briefing
meeting is to review the rules of the HCV Program, explain your obligations as a participant of the HCV Program
and prepare you on how to best locate and successfully rent a unit using your voucher.

The tenant briefing will last approximately one hour and a half. Because there is limited seating and we must
cover a great deal of important information during this meeting, (if applicable) we ask that you make
arrangements for child care at a location other than our agency as our waiting area is not designed for
large groups because of space and noise restraints.

We have reserved a seat for you at our next scheduled briefing which will be held on DATE at 0:00 a/p.m. at
our office located at ______________________, Maine. At the conclusion of this meeting, if your file is complete, you will
receive your voucher. Because the briefing is done in a group setting, you must be sure to arrive 10
minutes before the scheduled start time.

**Please bring all household members ORIGINAL social security cards to the briefing in order for you to
                                       receive a voucher**

If you are unable to attend this tenant briefing you must contact me prior to the meeting at TELEPHONE
NUMBER. If you do not contact me, and fail to attend, your application will be withdrawn and the voucher will
be assigned to another household on our waiting list.

                                                                       Sincerely,


                                                                       ________________
                                                                       Program Officer




Revised 7/18/11                                           -6-
     Section 10 – Violence Against Women Reauthorization
Act (VAWA Act)

Congressional findings assert that women and families are being discriminated against, denied access
to, and evicted from subsidized housing because of their status as victims of domestic violence, with
a strong link between domestic violence and homelessness. The general purpose of the VAWA Act
is to reduce this violence.

Our responsibility is to ensure such victims having meaningful access to the criminal justice system
without jeopardizing their housing. To do this we are required to:
     Inform all applicants of the special protections afforded by VAWA.
     Put screening safeguards in place to ensure we do not inadvertently deny assistance to an
       individual who might appear unsuitable but in fact is a victim. Victims are often saddled
       with bad credit, poor landlord references, and a history of evictions or have a crime record.

VAWA 2005, and subsequent HUD regulations requirements for PHAs and Section 8
landlords:

       May not deny persons housing due to their status as a victim of domestic violence.
       See 42 U.S.C. § 1437d(c)(3) (2006); 42 U.S.C. § 1437f(c)(9)(A) (2006); 42 U.S.C. §
       1437f(d)(1)(A) (2006); 42 U.S.C. § 1437f(o)(B) (2006).

       May not evict persons for criminal activity directly related to the domestic violence.
       See 42 U.S.C. § 1437d(l)(6) (2006); 42 U.S.C. § 1437f(c)(9)(C) (2006); 42 U.S.C. §
       1437f(d)(1)(C) (2006); 42 U.S.C. § 1437f(o)(7)(D) (2006); 42 U.S.C. § 1437f(o)(20)(B) (2006).

       Must recognize the exception to the federal "one-strike" criminal activity eviction
       rule under VAWA 2005 in that an incident of actual or threatened violence does not
       qualify as a "serious or repeated violation of the lease" or as "good cause for
       terminating assistance, tenancy or occupancy rights of victims."
       See 42 U.S.C. § 1437d(l)(5) (2006); 42 U.S.C. § 1437f(c)(9)(B) (2006); 42 U.S.C. §
       1437f(d)(1)(B) (2006); 42 U.S.C. § 1437f(o)(7)(C) (2006); 42 U.S.C. § 1437f(o)(20)(A) (2006).

       Must accept certifications provided for under the law.

       Must respect a right to confidentiality with respect to the status of an individual in
       that their identifying information may not be entered into the Homeless
       Management Information System (HMIS) and must generally be kept confidential.
       See 42 U.S.C. § 11383(a)(8) (2006). The new McKinney-Vento legislation will incorporate
       some version of these regulations, and may apply them more broadly.

       Public Housing Authorities must describe their plans for meeting the housing needs
       of survivors of domestic violence, dating violence, sexual assault and stalking in
       their Five-Year Plan, One-Year Plan and HUD Consolidated Plan.
       Public Housing Authorities may (but are not required to):



       Revised 10-23-09                             -1-
               Allow victims to move to another jurisdiction with their Section 8 voucher, even if
               such a move would normally be a violation of the program, if the person has
               complied with other obligations of the program and if the move is necessary to
               protect the health, well-being or safety of victim. This creates an exception and
               allows the Housing Authority to transfer the victim under the normal portability
               rules. See 42 U.S.C. §§ 1437f(r)(5) and (ee) (2006).

               Establish a priority for survivors in applications for public housing. If a priority is
               established, Public Housing Authorities may use stricter documentation
               requirements to establish proof that an applicant is a survivor.

               Provide emergency transfers to survivors of domestic violence.

               Allow survivors to bifurcate their lease. This means that even if a lease is in both
               names or solely in the batterer's name, the Housing Authority may put the lease in
               the survivor's name.


VAWA Notification to Applicants, Tenants and Owners
MaineHousing Section 8 has incorporated the following statement into their denial and termination
notification correspondence:

         “If you are a victim of domestic violence, you cannot be (evicted ,terminated, denied) because
         of what the abuser did. Domestic violence can be violence against you, or a family member,
         dating violence and stalking. This does not mean that MaineHousing or your landlord cannot
         enforce other housing program rules or other terms of your lease”.




       Revised 10-23-09                                -2-
The following VAWA Notice must be incorporated into Landlord Packets/Handbooks:
                                            LANDLORD NOTICE
                                 2005 Violence Against Women Act (VAWA)
                                   Law enacted January 5, 2006
         It is not uncommon that a domestic violence victim may have bad credit, poor landlord
                         references, a history of evictions, or a criminal record.
      As a landlord, if an applicant or resident claims to be a victim of domestic violence you need to
      know your primary obligations under VAWA, to ensure you do not inadvertently deny housing

                                    ****************************************
                      to someone who might appear unsuitable, but in fact, is a victim.

      Housing authorities and Section 8 landlords are required to do a number of things pursuant to
      VAWA 2005 and subsequent HUD regulations. VAWA 2005 requires that Housing authorities and
      Section 8 landlords:
              Must not deny persons housing due to their status as a victim of domestic violence.
              Must not evict persons for criminal activity directly related to the domestic violence.
          

              Must recognize the exception to the federal "one-strike" criminal activity eviction rule
          

              under VAWA 2005 in that an incident of actual or threatened violence does not qualify as a
          

              "serious or repeated violation of the lease" or as "good cause for terminating assistance,
              tenancy or occupancy rights of victims."
              Must accept certifications provided for under the law. A victim may satisfy certification
              requirements by HUD-50066 VAWA Self-Certification Form, a police record or court record,
          

              documentation signed and attested by an agent of a victim service provider, an attorney, or
              a medical professional stating from whom the victim sought assistance in addressing the
              abuse, or the effects of abuse, and in which the professional attests under penalty of perjury
              (28 USC 1746) to the professional’s belief the incident(s) are bona fide incidents of abuse.
              The victim must sign (to attest to) this certifying documentation.
              Must respect the right to confidentiality with respect to the status of an individual in that
              their identifying information may not be entered into a database and must be kept
          

              confidential.
              Landlords can “bifurcate” or separate their leases. This means that even if a lease is in both
              names, or solely in the batterer's name, a landlord may put the lease in the victim's name
          

              and evict the batterer without disrupting the housing of the victim.



              Allow victims to move to another jurisdiction with their Section 8 voucher, even if such a
          Housing Authorities may (but are not required to):

              move would normally be a violation of the program, if the person has complied with other
          

              obligations of the program, and if the move is necessary to protect the health, well-being or
              safety of victim.
              Establish a priority for survivors in applications. If a priority is established, Housing
              Authorities may use stricter documentation requirements to establish proof that an
          

              applicant is a survivor.
             Provide emergency transfers to survivors of domestic violence.




      Revised 10-23-09                                 -3-
Owner’s Lease
An owner can split a lease into two leases, “bifurcate” the lease, under VAWA. Owner can then
evict abuser and retain victim.

Portability
Portability is prohibited when there has been a violation of the lease. The one exception is VAWA.

VAWA Forms
The latest revision (12/2006) of HAP Contract (HUD Form 52641) and the Tenancy Addendum
(HUD Form 52641-A) has incorporated the required changes and technical amendments of the
VAWA Act of 2005.

VAWA Verification
    HUD-50066 VAWA Self-Certification Form is the HUD approved certification form we
    will give applicants and tenants. In lieu of this certification form, a victim may satisfy
    certification requirements by providing:
         (1) A police record or court record.
         (2) Documentation signed and attested by an agent of a victim service provider, an
             attorney, or a medical professional stating:
                 a. From whom the victim sought assistance in addressing the abuse, or the
                     effects of abuse, and
                 b. In which the professional attests under penalty of perjury (28 USC 1746) to
                     the professional’s belief the incident(s) are bona fide incidents of abuse, and
                 c. The victim has also signed or attested to this documentation.

       MaineHousing and its Agents must be mindful that sending certification forms via US mail
       could put the victim at risk if the abuser monitors the mail. We can:
          (1) Require the individual to come to our offices to pick up the certification form or
          (2) Work with the individual to make delivery arrangements that won’t put the individual
              at risk.

VAWA Confidentiality
All information provided to MaineHousing in accordance with the VAWA certification
requirements, including the fact the individual is a victim:
           (1) Shall be retained in confidence,
           (2) Shall not be entered into a shared database (e.g., ELITE),
           (3) Shall not be provided to any related entity,
                   a. Unless the victim consents or requests.
                   b. Unless required for eviction proceedings.
                   c. Unless required by applicable law.




       Revised 10-23-09                            -4-
Revised 10-23-09   -5-
Revised 10-23-09   -6-
         Section 11 – Subsidy Standards

 Household subsidy levels, as well as unit and voucher size assignments, are based upon household
 or family composition. All family compositions must be approved by MaineHousing/Agent.


   Families must report in writing to MaineHousing and/or it Agents within 14 calendar days, or
                   two weeks of any changes in family composition (or income).




Unit Size Assignment
HUD guidelines require MaineHousing to establish subsidy standards for the determination of
family unit size and such standards provide for a minimum commitment of subsidy while avoiding
overcrowding. This does NOT mean MaineHousing can determine the family’s actual living
arrangements.

  EXAMPLE: A family has been issued a 3-bedroom voucher under MaineHousing’s bedroom
  allocation. The family locates a 2-bedroom single home in an area where housing is limited with
  their voucher near expiration. The family has indicated this unit meets their needs and the
  inspection shows the living room meets the requirements of a sleeping room. MaineHousing can
  approve this unit as the family’s preference.




Use of Voucher Payment Standard (HUD 24 CFR 982.505)
If a family’s voucher size is not the same as the actual size of the unit that the family selects you
must use the lower of:
      The payment standard for the voucher size, or
      The payment standard for the size of the unit the family selected.


General HUD Standards are:
    No more than 2 persons per living/bedroom.
    Not issue more than a one bedroom for a single person family even when that person has a
      disability.
    Living/bedroom spaces exclude kitchen, bathroom, closets, hallways, unfinished porches,
      unfinished basements or unfinished attics.




        Revised: 9-15-11                               -1-
MaineHousing’s Bedroom Allocation Standards:
When using the flowchart below to determine the bedroom allocation for subsidy standards, first
look at the number of children in the household and then look at the number of adults in the
household.




       Revised: 9-15-11                          -2-
Changes in Bedroom Allocation (to accommodate changes in family size):
     An increase in family size will be adjusted as needed, and may be used as soon as the lease
     term obligations have been fulfilled, if a move is requested.

       Voucher size will not be increased unless a Reasonable Accommodation for an elderly or
       disabled family has been approved due to a medical need for an extra bedroom.

       A decrease in family size will be adjusted at the next annual reexamination. Agent must
       give a minimum of 30-days notice prior to the downsize.

     NOTES:
    Downsizing applies to vouchers, but not moderate rehabilitation.
    You cannot downsize homeownership vouchers below their original voucher size.


Household Members


Adults
Any adult who resides in the unit more than 14 consecutive days, or a total of 30 days in a 12-month
period (not necessarily consecutive), would be considered a household member and their income
would be included as part of the household income. (e.g., An adult child who stays 2 days a week in
the unit).


Dependents
A dependent is a family member who is under 18 years of age, is disabled, or is a full-time
student. The head of household, spouse/co-head, foster child/adult, or live-in-aide are never
dependents.

In no case will two currently assisted households be allowed to collect subsidy for the same
dependent(s).

In a joint custody arrangement by court decree, a dependent spending 51% or more of the time with
the family, and uses the unit address as their primary, legal address, will be:
     Considered as household member when subsidy is determined
     Will be listed on the lease
     Will be considered for dependent allowances and other income considerations.
     In a joint custody arrangement by court decree, a dependent spending less than 120 days in a
         year, will be considered an eligible visitor, but will not be considered in the subsidy
         determination as a family member.
     MaineHousing will consider reasonable accommodations for families with a member who
         has a disability.




       Revised: 9-15-11                             -3-
Minors and full time college students who spend 50% or less time with the family who are not on
the lease are considered eligible visitors and will not considered as a household member in the
subsidy determination.


Foster Children and Adults
    Foster child/adult is not defined as a dependent.
    Foster child/adult is included in the determination of voucher size.
    Payments made through official foster care relationships with local welfare agencies that
       are received by the family for the care of foster children or foster adults are not counted.
    Live-in aides and foster children/adults are required to disclose SSN (PIH Notice 2011-
       2).


Live-In Aides
HUD 24 CFR 5.403 gives specific definition for “Live-In Aide”:
   A live-in aide resides in the unit solely for the purpose of caretaking of one or more elderly
     persons (62+), near-elderly persons (at least 50 years of age), or disabled family member(s),
     and who:
   Is determined to be essential to the care and well-being of the person(s),
   Is not obligated to support the person(s), and
   Would not be living in the unit except to provide necessary supportive services.

HUD 24 CFR 982.316 - A live-in aide is a person approved as a reasonable accommodation by
MaineHousing to make the program accessible to the family member.
    The reasonable accommodation must be signed by a licensed medical professional certifying
      the assistance of a live-in aide is necessary.
    A subsequent change to a new live-in aide will not require a re-submittal of a reasonable
      accommodation to the medical professional, as the need for the live-in aide was already
      certified on the original reasonable accommodation by the medical professional.


     A Live-In Aide must initially be approved through a reasonable accommodation, and must be
                  identified by name on the reasonable accommodation request form.



For Program Eligibility (even when a live-in aide is a relative):

See HUD 24 CFR 5.609 ( c) (5); HUD HCVP Guidebook Exhibit 5-2. The income of a live-in
aide is NOT included in the calculation of a household’s income to determine the subsidy amount,
and therefore does not need to be verified.

This includes if the household is paying the live-in aide directly and receives funds specifically to
cover the cost of these services, this income is excluded as well. See HUD 24 CFR 5.609 ( c) (4);
HUD HCVP Guidebook Exhibit 5-2.



       Revised: 9-15-11                               -4-
     The live-in aide is not entitled to the household voucher being transferred to them.

     Some disabled households with live-in aides may qualify for one or both of the following
      exclusions:
             Disability Assistance Allowance. This allowance provides for unreimbursed
              expenses to cover care attendants, including live-in aids when the aide is necessary to
              enable a family member to be employed.

               Medical Expense Deduction. This deduction is permitted only for households in
                which the head or spouse is elderly or has a disability. Medical expenses are
                expenses anticipated over the coming year that are not covered by an outside source
                such as insurance.


Eligibility Screening for Live-in Aides
MaineHousing/Agents must complete eligibility and background screening for live-in aides before
they approve them into the household. The eligibility documents required for Live-in aides are:
     Reasonable Accommodation form.
     Signed consent forms to perform: a) criminal background check(s), b) State and National Sex
        Offender Registries checks and c) RIFMe Debtor database checks.
     Copies of social security card, birth certificate and Alien Declaration 214 forms.
     No income verifications are required.
     At annual certification MaineHousing/Agent will require the Live-in Aide to fill out a
        Personal Declaration. Additionally, the family will need to recertify whether the need for
        (eligibility of) the Live-in aide still exists.


Disapproval of Live-in Aide - HUD 24 CFR 982.317
At any time, MaineHousing/Agent may refuse to approve an individual as a live-in aide or may
withdraw such approval if:
     The individual commits fraud, bribery or any other corrupt or criminal act in connection
        with any federal housing program;
     The individual commits drug-related criminal activity or violent criminal activity, or,
     The individual currently owes rent or other amounts to the PHA or to another PHA in
        connection with Section 8 or public housing assistance under the 1937 Act.


Relatives as Live-in Aides
Relatives of the individual requiring care are not excluded from being a live-in aide, as long as they
meet HUD’s definition of a live-in aide (as stated above).


Family Members of Live-In Aides
MaineHousing cannot refuse to approve a Live-in aide because they have children, as this would be
familial status discrimination. HUD allows a Live-In Aide’s family member(s) to reside in the unit,
providing that their presence does not:



        Revised: 9-15-11                              -5-
 Overcrowd the unit or property.
 Create an undue financial burden (e.g., provide a 3-bedroom subsidy to a single eligible
  individual).

All requests to add family members of a live-in aide to a household must be forwarded to
MaineHousing for review and approval. MaineHousing’s standard policy is a 1-bedroom
designation per Live-in aide.




       Revised: 9-15-11                            -6-
        Section 12 - Family Changes

MaineHousing must approve the composition of the family living in the rental unit and
receiving assistance under a covered program.


New Household Members
Participating families must inform MaineHousing in writing within 14 days of changes in
their family’s composition to obtain MaineHousing’s approval to add a new occupant to an
assisted unit.

MaineHousing screens all adult family members. (See Section 17 -Family screening for more detail).



                             Written notification of births, adoptions and court-awarded custody of a
Requirements for New Household Members:

                             child must be reported to Agent for approval within 14 calendar days.
 For Dependants

                             A written request to add a new adult member to household must be
                             submitted to the Agent prior to the individual moving into the unit.
 For Adults


                             All new adult household members must sign consent authorization forms
                             for screening criminal conviction records and sex offender registry
                             information for approval to be added as a household member.

                             MaineHousing may obtain information from any source made available
                             surrounding any criminal activity, including those of which there was no
                             conviction.

                             All new adult household members will be required to fill out a Personal
                             Declaration or Application in order to disclose history of criminal activity.
                             And for new adult household members other than live-in aides, this will
                             also capture income, assets and expense information.

                             New adult household members will not be required to attend a tenant
                             briefing.



MaineHousing/Agents send out a “New Household Member Packet”, requiring a 14-day
turn-around in response from the tenant.



        Cover Letter
    The New Household Member packet contains:


        Birth Certificates
    


        Social Security Card Requirement Notice
    


        Criminal Screening Consent Form
    


        Declaration 214 Status Form
    
    




Revised 10-23-09                                   -1-
         Authorization for the Release of Information-Privacy Act Notice HUD-9886
         General Release for Information Form
   


         Application Form (Income, Asset and household composition sections)
   


   Landlord’s written approval to add member to household and lease.
   




Unauthorized Household Members
Any adult not included on the HUD 50058 who has been in the unit more than 14
consecutive days without MaineHousing approval, or a total of 30 days in a 12-month period
(not necessarily consecutive), will be considered to be living in the unit as “Unauthorized
Household Member”.

 Violation Reference:

 (h)(2) The composition of the assisted family residing in the unit must be approved by the PHA. The
 HUD 24 CFR § 982.551 Obligations of participant.

 family must promptly inform the PHA of the birth, adoption or court-awarded custody of a child.
 The family must request PHA approval to add any other family member as an occupant of the unit.
 No other person (i.e., nobody but members of the assisted family) may reside in the unit (except for a
 foster child or live-in aide as provided in paragraph (h)(4).



The burden of proof an individual is a visitor, and not an unauthorized household member,
will rest upon the household. In the absence of such proof, the individual will be considered
an unauthorized member of the household and MaineHousing may terminate assistance
since prior approval was not requested for the addition.


Acceptable Proof of Address
For purposed related to eligibility and program compliance, proof of address includes
documents that include legal address information dated within the last 3 months from
MaineHousing’s request for proof.


 Verification for Proof of Address may include, but are not limited to:

             Utility bills (last 3 months).
             A copy of lease at legal residence dated within the last year.
     


             Rent payment receipts (last 6 months).
     


             Current landlord’s name, address and telephone number.
     


             Federal Post Office verification form of current address.
     


             Maine drivers’ license.
     


             Correspondence within year providing current address from U. S. Treasury, Social Security
     


             administration, Maine state Government Agencies, insurance companies, financial institutions,
     




Revised 10-23-09                                  -2-
            etc.
            Vehicle title and registration documents within one year.
            Statements from neighbors and/or the landlord will be considered.
     
     




Absence of evidence of any other address will be considered verification that the visitor is
an unauthorized member of the household. Use of the assisted unit’s address as the visitor’s
current residence for any purpose that is not explicitly temporary shall be construed as
permanent residence.


Renting from a Relative
HUD 24 CFR 982.306 Disapproval of an Owner.
(d) The PHA must not approve a unit if the owner is the parent, child, grandparent,
grandchild, sister, or brother of any member of the family, unless the PHA determines that
approving the unit would provide reasonable accommodation for a family member who is a
person with disabilities. This restriction against PHA approval of a unit only applies at the
time a family initially receives tenant-based assistance for occupancy of a particular unit, but
does not apply to PHA approval of a new tenancy with continued tenant-based assistance in
the same unit.

Therefore, the tenant and owner cannot be related to one another unless an exception has
been granted as reasonable accommodations for a person with disabilities. In no case is a
Section 8 tenant permitted to rent a unit from a relative if the relative also lives in the unit.

Other resources addressing this issue include the voucher for the tenant and the HAP
contract for the owner.

Landlord/Tenant Cohabitation
An owner cannot both receive a HAP payment on behalf of a tenant, and also live in the
assisted unit. References to use in correspondence related to this situation:
     HUD-52461 HAP Contract “10. Owner’s Breach of HAP Contract (3) If the
        owner has committed fraud, bribery or another other corrupt or criminal act in
        connection with any federal housing assistance program.”

     HUD Housing Choice Voucher Program Guidebook, Chapter 8 – Housing
      Search & Leasing. See under Section 8.8.
      “PHA Approval of Tenancy”, P. 8-16 & 8-17 (locate the bullet):
         “The tenancy cannot be approved if the chosen unit is one of the following:
             Unit occupied by its owner or by a person with interest in the dwelling
                unit…”


Family Separation –HUD 24 CFR 982.315



Revised 10-23-09                               -3-
The family member(s) remaining in the unit will retain the subsidy, with the exceptions of:
    If family member(s) are forced to leave the unit as a result of actual or threatened
       violence against family members by a spouse or other member of the household.
    If a court determines the disposition of property between members of the assisted
       family under settlement or judicial decree, MaineHousing is bound by the court’s
       determination of which family members continue to receive assistance under the
       Program.


Absence from Unit
      HUD 24 CFR § 982.551-Obligations of Participant. (7)(i) Absence from
      unit: states, “The family must supply any information or certification
      requested by the PHA to verify that the family is living in the unit, or relating
      to family absence from the unit, including any PHA-requested information or
      certification on the purpose of the family absences. The family must cooperate
      with the PHA for this purpose. The family must promptly notify the PHA of
      absence from the unit.”

MaineHousing Definitions & Policies state:
“Absence” means that NO member of the family is residing in the unit.

“Brief absence” is less than 30 days, consecutive or not consecutive:
    MaineHousing will not require prior written tenant notification for brief absences
       from the unit.
    The tenant will pay their portion of the rent during this absence period.
    MaineHousing will continue to pay subsidy during this absence period.

“Extended absence” is 30 days or more in a 45-day period, consecutive or not
consecutive:
    MaineHousing will require prior written tenant notification for extended absences
       from the unit.
    The tenant will pay their portion of the rent during this absence period.
    MaineHousing will continue to pay subsidy during this absence period.
    At MaineHousing’s discretion, extended absences may be granted for participation in
       drug treatment programs or in-patient health facilities where an acceptable form of
       verification is provided.
    No extended absences will be granted for imprisonment.

Pursuant to HUD regulation 24 CFR 982.312(a), under no circumstances, or for any
reason, can a family be absent from a unit for more than 180 consecutive calendar days.

A family has the right to appeal a termination decision. (See Section 20 – Informal Reviews &
Informal Hearings for more details.).




Revised 10-23-09                              -4-
  Family has control…(e.g.,
               Voluntary Absences                                     Involuntary Absences

                                                         Family has little if any, control.
  trips, vacations, employment                            “Certifiable” health or emergency
  outside of area, or                                    reasons (e.g., hospitalization).
  incarceration; reasons other
  than health).

 If the family’s absence EXCEEDS the 45 day period, consecutive or not consecutive:


     At the end of the first 30 days of absence of the          The family must also provide written
               For voluntary absences:                                 For involuntary absences:

     45-day period, MaineHousing will send a 30-day             verification, (e.g., certification letter under
                                                          

     termination letter to both the landlord and the            the letterhead and signature of the
     tenant                                                     physician, healthcare provider of health
                                                                facility) to MaineHousing in order that the
     MaineHousing will continue to pay subsidy                  subsidy not be terminated with 30-day
     during this notice period.                                 notice.
 


 The tenant will pay their portion of the rent during           MaineHousing will continue to pay subsidy
 this notice period.                                            during this notice period.
                                                           


                                                                The tenant will pay their portion of the rent
                                                                during this notice period.
                                                           



 In the case of voluntary absences, the family    In the case of involuntary absences, the family must
                                   Absence Notification from Family

 must notify MaineHousing in writing at least 14 notify MaineHousing in writing within 14 days of the
 days before the period of absence by providing: absence occurring (before or after) by providing:

    The expected length of absence.                     The expected length of absence.

    The purpose of the absence.                         The purpose of the absence.




Revised 10-23-09                                 -5-
        Section 13 - Reasonable Accommodations

Under the Federal Fair Housing Law Section 504 of the Rehabilitation Act of 1973, every
Section 8 family member has the right to request a reasonable accommodation and
therefore, MaineHousing has an obligation to inform applicants and tenants of the right for
any person with disabilities to request a reasonable accommodation. MaineHousing and its
Agents inform households of this right at their briefings and during the annual
recertification.


Defining “Disability”

The three definitions relating to the Section 8 Housing Choice Voucher Program are:

    1) The HUD/Social Security’s stricter definition (24 CFR 5.403) used for the purpose
       of program eligibility as a disabled family for HUD allowances and deductions.

    2) The American Disabilities Act (ADA’s)/Section 504-Fair Housing Act, a
       broader definition (HUD 24 CFR 8.3), used for purposes of reasonable
       accommodation for program accessibility for persons with disabilities.
       The Fair Housing Act defines “handicap” as:
        “A physical, mental or emotional impairment that substantially limits one or
          more of a person’s major life activities;
        “has a record of such impairment; or
        “is regarded as having such impairment.”

    3) In addition the definition of “disability” under state law is much broader:
An individual has a disability if the individual (1) has a physical or mental impairment that
substantially limits one or more of a person’s major life activities; (2) has a physical or mental
impairment that significantly impairs physical or mental health, which means having an
actual or expected duration of more than 6 months and impairing health to a significant
extent as compared to what is ordinarily experienced in the general population; (3) has a
physical or mental impairment that requires special education, vocational rehabilitation or
related services; (4) has without regard to severity unless otherwise indicated, absent, artificial
or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis;
bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic
obstructive pulmonary disease; Crohn’s disease; cystic fibrosis; deafness or abnormal hearing
loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or
renal diseases; lupus; major depressive disorder; mastectomy; mental retardation; multiple
sclerosis; muscular dystrophy; paralysis; Parkinson’s disease; pervasive development
disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury; (5) has a record of
any of the physical or mental impairments described in the foregoing clauses (1) through (4);
or (6) is regarded as having or is likely to develop any of the physical or mental impairments
described in the foregoing clauses (1) through (4). The existence of a physical or mental




Revised 7/14/2011                              -1-
disability is determined without regard to the ameliorative effects of mitigating measures
such as medication, auxiliary aids or prosthetic devices.

A physical or mental disability or impairment does not include pedophilia, exhibitionism,
voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania,
tobacco smoking, or any condition covered under 5 M.R.S.A. §4553, sub-§9-C ( ). It does
not include psychoactive substance use disorders resulting from current illegal use of drugs,
although this may not be construed to exclude an individual who has successfully completed
a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs
or has otherwise been rehabilitated successfully and is no longer engaging in such use; is
participating in a supervised rehabilitation program and is no longer engaging in such use; is
erroneously regarded as engaging in such use, but is not engaging in such use; or in the
context of a reasonable accommodation in employment is seeking treatment or has
successfully completed treatment.

In general, the physical or mental impairment can include practically any condition, disease,
illness, disfigurement or disorder, as long as the impairment substantially limits one or more
major life activities. Examples include: alcoholism, cerebral palsy, cancer, mental illness,
emotional disorder, former drug addiction, HIV infection.

Major life activities include, but are not limited to: caring for oneself, performing tasks,
talking, seeing, hearing, breathing, learning, or working.

These federal civil rights laws were intended to cover a wide range of disabilities and do not
require the severity of the HUD definition by program.



     A person may not meet HUD’s definition of disabled, but may still qualify for a reasonable
                                         IMPORTANT!

                          accommodation under the ADA’s definition.




Some examples of reasonable accommodation requests can be:
    A Live-in Aide that is required to reside in the unit
    An additional bedroom size (e.g., to accommodate medical equipment or Live-in
      Aide)
    To be able to rent from a relative
    To live near services and/or caregivers
    A voucher extension or reinstatement
    A waiver of any deadline stated to request an appeal of a decision regarding housing
      assistance
    A change or waiver of MaineHousing’s policy or procedure
    A waiver of a HUD regulation




Revised 7/14/2011                              -2-
Reasonable Accommodation Processing Steps:

MaineHousing must give appropriate consideration to reasonable accommodation requests
even when the requester makes the request orally or does not use MaineHousing’s forms or
procedures. Sometimes the need for an accommodation can present itself in the form of a
complaint or through issues of noncompliance.

   1. The applicant’s or tenant’s request for an accommodation begins the process.
      MaineHousing/Agent never offer a specific accommodation until one has been

                                   We can inform, but we cannot offer reasonable
      requested.

                                   accommodations and we cannot ask:
         What We Cannot Ask:


                                     √ If the person has a disability,
                                     √ The nature or extent of the disability,
                                     √ Any question that would require the disabled person to
                                   waive or disclose a medical condition or history,
                                     √ Whether ANY family member has a disability.
                                   MaineHousing can ask only for information that is relevant to
                                   the reasonable accommodation request.
         What We Can Ask:


                                      √ If the person requests a reasonable accommodation due
                                   to their particular disability, MaineHousing may request
                                   verification of the need for the requested reasonable
                                   accommodation by forwarding the MaineHousing Reasonable
                                   Accommodation Request and Verification form to a
                                   knowledgeable professional for completion.

                                     √ If the person’s disability is obvious or already known by
                                   MaineHousing, and if the need for the request is readily
                                   apparent or known, then MaineHousing does not need to
                                   obtain verification from a knowledgeable professional.

   1.    The Agent will provide accessible and appropriate assistance at the request of the
        household member to complete Page 1 of the MaineHousing “Reasonable
        Accommodation Request and Verification” form. The household member’s
        signature and use of the form is requested but not necessary in order to complete the
        request.
            a. Reasonable accommodations will be made in response to individual requests.
                In some instances, MaineHousing may offer an alternative accommodation
                that differs from what was originally requested, or proposed by a household
                member.

           b. Keep Information Confidential! If MaineHousing or its Agents receive
              any verification document that provides details of the individual’s disability,
              this document should not be kept in the tenant’s file. Under no
              circumstances should MaineHousing or its Agents request an individual’s
              medical records.




Revised 7/14/2011                            -3-
   2.    The Agent then forwards this request for reasonable accommodation to the
        specified knowledgeable professional.

   3. The knowledgeable professional must complete Page 2 of the MaineHousing
      “Reasonable Accommodation Request and Verification” form or submit a letter that
      addresses the questions on the form and return the form or letter to the Agent. The
        knowledgeable professional’s signature and title are required.

   4. The Agent faxes the completed reasonable accommodation form to the designated
      Program Officer that serves as the FHEO committee representative (FHEOCR) of
      MaineHousing for review and approval. Incomplete forms will not be accepted for
      approval unless information is provided on a separate document. All form questions
      must be addressed.

   5. In determining whether to grant or deny the request FHEOCR will:
      Verify that the information regarding the request is coming from a knowledgeable
      professional, familiar with the requester’s condition.
      Verify that the requester meets the definition of “disabled” under Section 504 and
      Americans with Disabilities Act.
      Determine that the requested accommodation is necessary for the requester to use
      and enjoy MaineHousing’s program.
      Determine that there is a clear nexus between the request and the barrier experienced
      by the requester because of the requester’s disability.
      Determine that the request is reasonable i.e. does not require undue administrative or
      financial burden and does not fundamentally alter the nature of the program.
      Recommend a waiver or change in policy as appropriate to the HUD Programs
      Manager.

   6. FHEOCR will render a decision to approve or request more information within 7
      working days.

   7. FHEOCR will forward the decision to the Agent via e-mail and update Elite with a
      notation indicating RA status.

   8.    A copy of the approved RA will be filed alphabetically by year of request and
        maintained by FHEOCR. FHEOCR will also maintain a Reasonable
        Accommodations Tracking Log and record the name, date of request and approval
        date, type of request, reason for request in the form of an excel spreadsheet.

   9. Agents should verify that note is in Elite indicating Reasonable Accommodation
      approval status.




Revised 7/14/2011                          -4-
In the case of reasonable accommodation denials:

   10. Any decision to deny a request for reasonable accommodation must be reviewed by
       the Equal Access Coordinator or the Equal Access Coordinator’s designee and the
       Director or Deputy Director before it is final. If the denial is based upon HUD
       regulation, the Equal Access Coordinator or designee will contact the HUD program
       office in Manchester, NH for interpretation.

   11. The FHEOCR will notify the requester of the denial and provide a specific, written
       explanation of the grounds for the denial. The requester may file a complaint with
       MaineHousing’s Equal Access Coordinator in accordance with MaineHousing’s
       Grievance Procedure within 10 business days of the receipt of the notice, which is
       presumed received within 3 calendar days of mailing. MaineHousing’s Grievance
       Procedure is attached as Appendix A.

   12. MaineHousing’s grievance procedure does not preclude other avenues of redress for
       the grievant. The grievant may pursue other remedies, such as filing a complaint
       with the Maine Human Rights Commission and appropriate federal agencies.
       Retaliation in any form for the filing of a grievance, the reporting of instances of
       discrimination, or any participation in the grievance procedure is prohibited and will
       not be tolerated by MaineHousing.

   13. This document is available in alternative formats. Individuals who need auxiliary aids
       for effective communication are encouraged to make their needs and preferences
       known to the MaineHousing’s Equal Access Coordinator.

   14. FHEOCR will log the denial in the Reasonable Accommodations Tracking Log.




Revised 7/14/2011                          -5-
Reasonable Accommodation Forms and Letters:
Revised 7-14-11:
      Reasonable Accommodation Policy and Form- for tenants and
            Applicants of the Housing Choice Voucher Program

Under the Federal Fair Housing Law Section 504 of the Rehabilitation Act of 1973, every Section 8 tenant with disabilities
has the right to request a reasonable accommodation and therefore, MaineHousing has an obligation to inform applicants
and tenants of the right for any person with disabilities to request a reasonable accommodation. MaineHousing and its
Agents will inform households of this right at their briefings and during the annual recertification.

MaineHousing will give appropriate consideration to reasonable accommodation requests even when the requester
makes the request orally or does not use MaineHousing’s forms or procedures. Sometimes the need for an
accommodation can present itself in the form of a complaint or through issues of noncompliance.



    A Live-in Aide that is required to reside in the unit
Some examples of reasonable accommodation requests can be:

    An additional bedroom size (e.g., to accommodate medical equipment or Live-in Aide)
    To be able to rent from a relative
    To live near services and/or caregivers
    To extend or reinstate a voucher
    To waive any deadline stated to request an appeal of a decision regarding housing assistance
    To waive or change a MaineHousing policy or procedure


    15. The housing caseworker will provide accessible and appropriate assistance at the request of the household
        member to complete Page 1 of the MaineHousing “Reasonable Accommodation Request and Verification” form.
        This form and the household member’s signature is requested but not necessary in order to complete the
        request.

    16. The housing caseworker will forward this request for reasonable accommodation to the specified
        knowledgeable professional.

    17. The knowledgeable professional must complete Page 2 of the MaineHousing “Reasonable Accommodation
        Request and Verification” form or submit a letter that addresses the questions on the form and return the form
        or letter to the Agent. The knowledgeable professional’s signature and title are required.

    18. The housing caseworker faxes the completed reasonable accommodation form to MaineHousing’s, FHEO
        Representive for review and approval. Incomplete forms will not be accepted for approval unless information is
        provided on a separate document. All form questions must be addressed.

    19. In determining whether to grant or deny the request the FHEO Representative will:
        Verify that the information regarding the request is coming from a qualified knowledgeable professional,
        familiar with the requester’s condition.
        Verify that the requester meets the definition of “disabled” under Section 504 and Americans with Disabilities
        Act.
        Determine that the requested accommodation is necessary for the requester to use and enjoy MaineHousing’s
        program.
        Determine that there is a clear nexus between the request and the requester’s disability.
        Offer other solutions if appropriate
        Recommend a waiver or change in policy as appropriate to the HUD Programs Manager.

    20. The FHEO Representative will render a decision to approve or request more information within 7 working days.

    21. The FHEO Representative will forward the decision to the Agent.




Revised 7/14/2011                                     -6-
            In the case of reasonable accommodation denials:

      22. Any recommendations to deny will be reviewed by the 504 Coordinator and FHEO Committee. Final
          approval/denial will be reviewed by MaineHousing’s Legal Services Department. If the denial is based upon
          HUD regulation the Legal Services Department will contact the HUD program office in Manchester, New
          Hampshire for interpretation and final decision.

      23. The housing caseworker will send a notification letter to the household member that their request for a
          reasonable accommodation has been denied and allow them an informal (review/hearing) within 10 business
          days of receipt of the notice, which is presumed received within 3 calendar days of mailing.




-----------------------------------------------------------------------------------------------------------------------------------------------------------
            SEE ATTACHED FORM FOR GUIDANCE IF A REQUEST IS NEEDED

                     Reasonable Accommodation Request and Verification of Need

Date:
To:
                                                    Name of knowledgeable professional

                                                                 Provider’s Address



From:       ____________________________________________________________________________________
                                              Agent/MaineHousing


Subject: Reasonable Accommodation

Household Member’s Name:

Address:
                        Street                                                                              City                                State
                        Zip

The household member named above has applied for, or is receiving, federal rental assistance. The household member
has requested a reasonable accommodation as described below. We are required to verify that the household member
qualifies as “disabled” under federal or State law and is in need of what he or she has requested.

We would appreciate your cooperation in answering the questions on this form and returning it to the address listed
above. Enclosed is a self addressed, stamped envelope for this purpose. (Note to Provider: Reasonable accommodations
must NOT be just something the person desires, but rather, they MUST BE NECESSARY for the person to have equal access
and utilization of the housing assistance program. By signing this document, you are indicating that you believe the
accommodation is NECESSARY and will achieve its stated purpose.)


Instructions to staff: Describe what the household member has requested to help him or her cope with a disability:
HOUSEHOLD MEMBER’S REQUEST

          Additional bedroom size unit
          Renting from a relative
          A live-in aide that is required to sleep in the unit
          Need to live near services or caregivers
          Extension or reinstatement of voucher
          Waiver of any deadline to request an appeal of a decision regarding housing assistance
          Waiver or change in any MaineHousing policy or procedure
          Other




Revised 7/14/2011                                                    -7-
Specifically describe why the requested accommodation is necessary:______________________________________________________________
_____________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________
HOUSEHOLD MEMBER RELEASE: (Household member: You do not have to sign this form if the name or address of
either the Agent or the provider name is left blank.) I hereby authorize the release of the requested information.
Information obtained under this consent is limited to information that is no older than 12 months.

Signature __________________________________________________________________________            Date _______________________________________


The definition of “disability” under state law is much broader than under federal law, but both definitions apply.
DEFINITION OF “DISABLED”

Federal Law

An individual is disabled if he/she has a physical or mental impairment that substantially limits one or more major life
activities; has a record of such impairment, or is regarded as having such impairment.

The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual,
speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction, and
alcoholism. This definition doesn’t include any individual who is a drug addict and is currently using illegal drugs or an
alcoholic who poses a direct threat to property or safety because of alcohol use [24 CFR Part 8.3, and HUD Handbook
4350.3.


An individual has a disability if the individual (1) has a physical or mental impairment that substantially limits one or
State Law

more of a person’s major life activities; (2) has a physical or mental impairment that significantly impairs physical or
mental health, which means having an actual or expected duration of more than 6 months and impairing health to a
significant extent as compared to what is ordinarily experienced in the general population; (3) has a physical or mental
impairment that requires special education, vocational rehabilitation or related services; (4) has without regard to
severity unless otherwise indicated, absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism;
amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic
obstructive pulmonary disease; Crohn’s disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial
disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder;
mastectomy; mental retardation; multiple sclerosis; muscular dystrophy; paralysis; Parkinson’s disease; pervasive
development disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury; (5) has a record of any of the
physical or mental impairments described in the foregoing clauses (1) through (4); or (6) is regarded as having or is
likely to develop any of the physical or mental impairments described in the foregoing clauses (1) through (4). The
existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating
measures such as medication, auxiliary aids or prosthetic devices.

A physical or mental disability or impairment does not include pedophilia, exhibitionism, voyeurism, sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, tobacco smoking, or any condition covered under 5 M.R.S.A.
§4553, sub-§9-C ( ). It does not include psychoactive substance use disorders resulting from current illegal use of drugs,
although this may not be construed to exclude an individual who has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated
successfully and is no longer engaging in such use; is participating in a supervised rehabilitation program and is no longer
engaging in such use; is erroneously regarded as engaging in such use, but is not engaging in such use; or in the context of
a reasonable accommodation in employment is seeking treatment or has successfully completed treatment.


1. Is the household member disabled as defined above?                  Yes        No
INFORMATION REQUESTED


2. Does the household member require what he or she has requested?                      Yes        No

3. If the household member is requesting a live-in aide, is the aide essential for the care and well-being of the member?
         Yes        No         N/A




Revised 7/14/2011                                            -8-
4. If the household member is requesting an additional bedroom, is this essential for the care and well-being of the
     member?          Yes        No        N/A

5. Please describe any other accommodation or modification that could meet the household member’s needs in place of
     what the household member has requested. For example, if there is a less expensive way to help the household
     member cope with his or her disability, please detail it. ________________________________________________________________________
     _______________________________________________________________________________________________________________________________________
     _______________________________________________________________________________________________________________________________________



Printed Name and Title of the Knowledgeable Provider Supplying Information: __________________________________________________
_____________________________________________________________________________________________________________________________________________

Firm/Organization ______________________________________________________________________________________________________________________


Oath or Acknowledgement:
The undersigned swears to the truth of the above statements or acknowledges their truth under the penalty of
perjury and with the understanding that the making of a materially false statement in connection with this
program would constitute a violation of Title 18, U.S.C. Section 1001 which is a felony for which fine and
imprisonment of not more than 5 years may be adjudged and/or a violation of Maine State law, 17-A M.R.S.
Sections 452 and 453.

Signature __________________________________________________________________________            Date _______________________________________


RA Approval Letter – GENERAL:

                                                                          DATE
TENANT
ADDRESS

Dear TENANT:

Your request for a Reasonable Accommodation has been processed and reviewed. This letter serves as notice that
MaineHousing has approved your request for:

          ___ Additional bedroom size unit

          ___ Renting from a relative

          ___ A live-in aide that is required to sleep in the unit

          ___ Need to live near services or caregivers. Please sign the enclosed voucher and
              return it to this office. We will then transfer you file to OUTSIDE PHA; their
              contact number is TELE#.

          ___ Extension or reinstatement of your voucher. You have also been approved for
              an additional XX-day extension on your voucher. Your new voucher expiration
              date is DATE.

          ___ A waiver of any deadline to request an appeal of a decision regarding housing
              Assistance.

          ___ A waiver or change in any MaineHousing policy or procedure, specifically _____
               _________________________________________.




Revised 7/14/2011                                            -9-
         ___ Other: _________________________________________________________________________________


Please do not hesitate to call me if you have any questions. My direct line is 207/xxx-xxxx.

                                                                        Sincerely,


RA Cover Letter to Provider:
                                                                        DATE

PROVIDER
ADDRESS

Dear PROVIDER:

Enclosed is a form signed by TENANT asking you to verify his disability and need for a reasonable accommodation in his
housing.

Federal laws require agencies administering Federally Assisted Programs to make Reasonable Accommodations or
changes to the Program Rules, policies or procedures if such changes are necessary to enable a person with a disability to
have equal access to and enjoyment of the program. Please note that such changes must be necessary as a result of the
person’s disability.

The applicant or tenant in question has requested the accommodation described on the enclosed form. Please indicate on
that form whether you believe the individual has a disability within the definition provided and the accommodation is
necessary and will achieve its stated purpose. You may also add any other information that would be helpful in making
the right accommodation for this person. If part of the applicant/tenant’s reasonable accommodation plan includes
services to be provided by your organization, please indicate whether your organization will provide those services.

This form should not be used to discuss the person’s diagnosis or any other information that is not directly
relevant to the request for an accommodation.

Please note that the tenant has signed the form requesting you to answer the questions. You can contact me at 207/xxx-
xxxx if you have any questions. Please return this form to: AGENT CONTACT INFO, INCLUDING FAX #.

                                                                        Thank you,



                                                                        DATE
RA Letter – Inquiry for More Information:

NAME
ADDRESS

Dear NAME:

We have received your request for a reasonable accommodation. Before we can make a decision, we need additional
information from you regarding [state the additional info is needed].

We need to know more because [give the reason, in clear and simple language].

We cannot make a decision until we have this additional information.

If you think that you have already given us this information or if you think we should not ask for this kind of information,
please call us at 207/xxx-xxxx.

                                                                        Sincerely,




Revised 7/14/2011                                         - 10 -
RA Letter – Required Documents to Add Live-In Aide:
                                                                   DATE

TENANT
ADDRESS

Dear TENANT:

Your request for a Reasonable Accommodation has been received by MaineHousing and is pending approval. To begin
this process, we need the following documents in order to add the live-in aide to your household:

      •   A letter from the landlord stating the new household member can be added to your lease.

          Household’s Personal Declaration (To be completed and signed by both yourself and the Live-in-aide) –
          enclosed.
      •


          Requested member(s) original social security card or a letter from the social security office which shows the
          social security number and that a card has been requested. Please contact me to make an appointment to
      •

          view and copy the social security card as MaineHousing is now required by federal regulations to view
          the original social security card for all new household members, before adding them to your household.

      •   A copy of the requested member(s) Birth Certificate.

      •   Declaration of Section 214 Status (To be completed by the live-in aide). – enclosed

          A signed Consent to Screening for Criminal Activity and Registered Sex Offender Status and Certification
          Regarding Drug Use and Other Criminal Activity (To be completed by the live-in aide). - enclosed
      •



Please return these documents to me with 14 days or by DATE.

Please do not hesitate to call me if you have any questions. My direct line is 207/xxx-xxxx.

                                                                   Sincerely,


RA Portability Exception Form:

                                                 Exception Request
                            Release from Portability Restrictions Request and Verification

Date:
To:
                                             Name of employer/school/other

                                                 Employer/school address



From:     Maine State Housing Authority                                      Telephone: 1-866-357-4853
          353 Water St
          Augusta, ME 04330

Subject: Release from Portability Restrictions

Household Member’s Name:




Revised 7/14/2011                                     - 11 -
Address:
                     Street                                                                     City                            State
                     Zip

The household member named above has applied for, or is receiving, federal rental assistance. The household member
has requested an exception to policy, which will allow them to use their voucher outside of MaineHousing's jurisdiction as
described below. We are required to verify that the household member qualifies for this exception request due to a need
to live in the town/city for reasons related to employment or education.

We would appreciate your cooperation in answering the questions on this form and returning it to the address listed
above. Enclosed is a self addressed, stamped envelope for this purpose. (Note to Person Completing this Form: By
signing this document, you are indicating that you believe the exception is NECESSARY and will achieve its stated purpose.)


It is necessary for the above-named household member to live in the town/city of: _________________.
HOUSEHOLD MEMBER’S REQUEST

Describe the reason for the exception request:

               Employment of adult household member outside of MH jurisdiction
               School-adult household member outside MH jurisdiction
           

               other
           
           


Specifically describe why the requested accommodation is necessary (The reason for the request must include information


education, or another service deemed essential to the family’s self-sufficiency): ______________________________________________________
to support the fact that without release of portability restrictions, the household member will lose current employment,


_____________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________

HOUSEHOLD MEMBER RELEASE: (Household member: You do not have to sign this form if the name or address of
either the Agent or the provider name is left blank.) I hereby authorize the release of the requested information.
Information obtained under this consent is limited to information that is no older than 12 months.

Signature __________________________________________________________________________            Date _______________________________________


6. Is the household member currently employed or attending school:
MaineHousing or its agent has verified:

       Yes     No          Full-Time (32+ Hrs per wk)    Part-Time (< 32 Hrs)

7. Does the household member require what he or she has requested?                      Yes        No

8. Due to a lack of transportation or other reasons outlined on Page 1, is it essential that the household member live in
     the town/city of your organization/facility to avoid the loss of employment or education?
                                                                Yes      No      N/A

9. Please describe any other accommodation or modification that could meet the household member’s needs in place of
     what the household member has requested. For example, if there is a way for the household member to live outside
     of the town/city where they work or attend school and continue to maintain their employment or student status. ______
      _______________________________________________________________________________________________________________________________________
      _______________________________________________________________________________________________________________________________________


Printed Name, Title, Agency: ___________________________________________________________________________________________________________
 ____________________________________________________________________________________________________________________________________________

Signature _______________________________________________________________________________       Date _______________________________________

PENALTIES FOR MISUSING THIS CONSENT




Revised 7/14/2011                                           - 12 -
Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false
and fraudulent statements to any department of the United States Government. HUD, the PHA, and any owner (or any
employee of HUD, the PHA, or the owner) may be subject to penalties for unauthorized disclosures or improper uses of
information collected on the consent form. Use of the information collected based on this verification form is restricted to
the purposes cited above. Any person who knowingly or willfully requests, obtains, or discloses any information under
false pretenses concerning an applicant or participant may be subject to a misdemeanor and fined not more than $45,000.




Revised 7/14/2011                                     - 13 -
                                       Appendix A


       MAINEHOUSING’S EQUAL ACCESS GRIEVANCE PROCEDURE

MaineHousing has adopted the following grievance procedure to provide for the prompt
and equitable resolution of complaints alleging any action prohibited by applicable equal
access laws and regulations.

       A.      Complaint. A grievant must submit the complaint to MaineHousing’s Equal
       Access Coordinator as soon as possible but no later than 60 calendar days after the
       alleged violation. MaineHousing’s Equal Access Coordinator is Louise Patenaude
       and complaints may be forwarded to her at MaineHousing, 353 Water Street,
       Augusta, Maine 04330-4633, telephone: (207) 626-4600 or 1-800-452-4668 (voice) or
       1-800-452-4603 (TTY). Complaints should be in writing and include the name and
       address of the grievant, a complete description of the facts surrounding the alleged
       violation, and the remedy sought. Alternative means of filing complaints, such as
       personal interviews or tape recordings, are available upon request.

       B.     Investigation. The Equal Access Coordinator or the Equal Access
       Coordinator’s designee will conduct an investigation of the complaint. If the
       complaint names an individual as the responsible party, that individual (the
       respondent), will receive a copy of the complaint without the grievant’s address.

       C.      Informal Conference. The Equal Access Coordinator or the Equal Access
       Coordinator’s designee will expeditiously schedule an informal conference between
       the grievant and the grievant’s representative, if any, and the Equal Access
       Coordinator or the Equal Access Coordinator’s designee. The informal conference
       shall be designed to allow the grievant, and the grievant’s representative, if any, an
       opportunity to fully explain the nature of the complaint and the remedy sought. The
       informal conference may be conducted by telephone or another equally effective
       method of communication to accommodate the grievant. The Equal Access
       Coordinator or the Equal Access Coordinator’s designee may contact any other
       individuals who may have information relevant to the complaint.

       D.      Equal Access Coordinator’s Written Decision. The Equal Access
       Coordinator or the Equal Access Coordinator’s designee shall endeavor to issue a
       written decision on the complaint and a description of the remedy, if any, with
       copies to the grievant and respondent within 30 calendar days after the date of the
       informal conference.

       E.      Appeal of Equal Access Coordinator. The grievant or respondent may
       appeal the decision of the Equal Access Coordinator or the Equal Access
       Coordinator’s designee to MaineHousing’s Director within 20 calendar days after the
       decision is issued. The appeal should be in writing. Alternative means of filing
       appeals, such as personal interviews or tape recordings, are available upon request.




Revised 7/14/2011                          - 14 -
       F.      Director’s Final Written Decision. The Director will expeditiously provide
       the grievant and respondent with a written decision on the appeal.

       G.     Maintenance of Records. The Equal Access Coordinator or the Equal
       Access Coordinator’s designee shall maintain the complaint files for a minimum of
       two years from the date a final decision is issued.

MaineHousing’s grievance procedure does not preclude other avenues of redress for the
grievant. The grievant may pursue other remedies, such as filing a complaint with the Maine
Human Rights Commission and appropriate federal agencies. Retaliation in any form for the
filing of a grievance, the reporting of instances of discrimination, or any participation in the
grievance procedure is prohibited and will not be tolerated by MaineHousing.

This document is available in alternative formats. Individuals who need auxiliary aids for
effective communication are encouraged to make their needs and preferences known to the
MaineHousing’s Equal Access Coordinator.




Revised 7/14/2011                            - 15 -
        Section 14 – Lease Up; Change of Unit
(with Same Agent)

Upon completion of unit approval, verifications and paperwork processing, the following
checklist of items must be confirmed:

         All family members over 18 years of age must sign the lease.
        Reasons:
            The landlord is aware of who is in the unit and approves.
            We know who is in the unit to do the appropriate checks and verifications.
            In knowing, it helps determine who gets the voucher when the family breaks
              up, there is a death or someone leaves.

         The HAP contract and lease must have the same starting date/term.

         The HAP contract must be signed by the landlord and PHA within 60 days of
          the effective date.

         Any HAP contract signed after the 60 day period is void according to HUD 24
          CFR §982.305(c)(4).

         Under no circumstances can payment be made to the landlord until the HAP
          contract has been properly executed.

         If a landlord does not sign the HAP contract within the 60 day time frame, a new
          HAP contract and lease must be issued with a new effective date and the
          signature date on the HAP contract can be no later than 60 calendar days from
          the new effective date. The landlord in this case will not ever receive payment for
          the dates prior to the new effective date.


Changing or Moving to a New Unit:

Steps for Old Unit:
Tenant must give landlord a written 30-day notice to move, forwarding a copy to
MaineHousing/Agent.

New! MaineHousing/Agent will send confirmation letters to both the tenant and their
landlord confirming the receipt of the request to move. These separate cover letters are
generated in Elite (See copies of these letters at the end of this section).

If the tenant is within the first year of the lease, a mutual agreement to rescission must be
given by the landlord, unless there are extenuating circumstances.

Tenant must be a tenant “in good standing” with the landlord, (e.g., no damages, unpaid rent
or lease violations).

Revised 7-28-11
MaineHousing/Agent will pay the landlord HAP to the end of the month in which the
tenant is moving.

Steps for New Unit:
Tenant is issued a voucher to move and a moving packet (e.g., Request for Tenancy
Approval (RFTA), Household Personal Declaration, release forms, etc.).

When the new unit is located, the landlord completes the RFTA and the unit is inspected
within 5 working days of the date the request was received.

All income, assets, and medical expenses should be verified, and must be less than 60 days
old.

Once the unit has passed inspection, the HUD-50058 information is completed in Elite and
coded as a “2” Annual Recertification with the next recertification due within 12 months.

HAP contract is completed and sent to owner for signature. HAP contract must:
       Be signed by the landlord and PHA within 60 days of the effective date.
       Have the same starting date/term as the lease.
       Be properly executed before payment can be made.

If a landlord does not sign the HAP contract within the 60-day time frame, a new HAP
contract and lease must be issued with a new effective date and the signature date on the
HAP contract can be no later than 60 calendar days from the new effective date. The
landlord will not receive payment for the dates prior to the new effective date of the HAP.

The following items must be included in a valid lease as required by HUD:
         The names of the owner and tenant, their signatures and the dates signed. All
           household members 18 years of age and older must sign the lease.
         The address of the unit rented, including unit number.
         The amount of the monthly contract rent to the owner.
         The utilities and appliances to be supplied by the owner.
         The utilities and appliances to be supplied by the tenant.
         The responsibility for utilities, appliances and optional services must correspond
           to those provided on the Request for Tenancy Approval (RTA). This document
           is required to meet program guidelines.
         The HUD-prescribed Tenancy Addendum (Form 52641-A) must be attached to
           the lease before the lease is executed.
         The initial term of the lease must be one year. MaineHousing/Agent should also
           be sure to review the lease for its provisions for renewal following the initial term
           of the lease.1

        No side agreements to the lease or HAP contract may be made. It is a violation of
        federal regulations for a Property owner/landlord to require any payments in excess
        of the agreed upon amounts.


Revised 7-28-11
       Before a HAP payment can be released, the following required information must be
       completed and forwarded to the MaineHousing Agent by the Property
       owner/manager (and tenant, where appropriate):
        The executed Lease and attached HUD Tenancy Addendum (HUD Form
          52641-A, executed by both landlord and tenant.
        The lease date must be either on, or after the passed inspection date.
        The HAP payment cannot begin until the effective date of lease, which must be
          on, or after the passed inspection.
        The Request for Tenancy Approval (HUD Form 52517). (Executed by both
          landlord and tenant).
        W-9
        Lead-Based Paint Disclosures – State and Federal
        Proof of annual heating system servicing
        Note: MaineHousing Agent will need copies of all correspondence between
          landlord and tenant for the tenant file.


Moves with Same Landlord:
When a family changes units and both units are owned by the same landlord:
  • If the move out falls exactly on the last day of the month, and the move in falls
      exactly on the first day of the following month, full HAP will be paid for the old unit
      and full HAP will be paid for the new unit, with Elite applying both HAPs
      automatically.

   •   If the move occurs during the month, the landlord must not receive HAP for the full
       month on the old unit in addition to receiving the prorated HAP for the new unit.
       Instead, the HAP will have to be prorated for both old and new units so that the
       landlord is not overpaid. Elite automatically prorates the HAP for move in’s to new
       units. MaineHousing/Agents must manually prorate the HAP for move out’s from
       old units.

Timing of Move
For smoother processing in ELITE, it may be prudent to wait until you know the move-in
has actually occurred. Moves don’t always occur as planned, and adjustments (landlord is
overpaid or underpaid) are more easily processed when actual move-in date has been verified
with landlord.




        1Tenants   with leases that are without fixed terms or having uncertain duration, are often
_______________________________________________________________________

        referred to as “Tenants-At-Will”. HUD regulation, 24 CFR 982.308 requires that the lease
        set out the term of the lease. If the lease provides for a 1 year term that provision is
        satisfied. Beyond the initial term of lease, if there is no provision for renewal specified in
        the lease, the lease is terminable upon 30 days (written) notice by either party, allowing the
        tenant to move with their voucher, or the landlord to decide to no longer rent to this tenant.
        The HUD Tenancy Addendum, which must accompany the lease, adds certain tenant
        protection by citing what is considered as "good causes" for lease termination.

Revised 7-28-11
        New! Elite Letters – MaineHousing/Agent confirming receipt of request to
        move.

        To Landlord:
                                                           MOVE NOTIFICATION TO LL

                                                                 Date


         Landlord name
         Address
         Address

         Dear LANDLORD

         Your tenant, tenant name, has provided us a copy of the 30 day notice submitted to
         you to end tenancy at unit address effective move out date.

         This letter serves as confirmation that the Housing Assistance Payments (HAP)
         contract and subsidy payments for this unit will end last payment month. If the
         tenant is still residing in this unit after the expected move out date please contact me
         so I may determine if I can adjust your final payment for the additional days of
         tenancy.

         Before allowing a program participant to lease a new unit with their voucher, we must
         ensure that they are a tenant in good standing. This means they have no outstanding
         balance to you, in excess of the security deposit collected, for unpaid rent and that
         there are no known damages to the unit beyond normal wear and tear. Enclosed is a
         Certification of Tenant Status form. It is greatly appreciated if you would complete
         this form and return it in the enclosed self addressed stamped envelope.

         We encourage you to make arrangements with the tenant to view the unit as we will
         assume the tenant is in good standing if we do not receive this form within 10
         business days of the date of this letter.

         If you have any questions, please feel free to contact me TELEPHONE NUMBER.

                                                                 Sincerely,



                                                                 Program Officer

         cc: tenant name



        To Tenant:
Revised 7-28-11
                                                                Date

         TENANT NAME
         Address
         Address

         Dear TENANT:

         MaineHousing is in receipt of your notice to move. Enclosed you will find a new
         voucher effective the date you will be eligible to move. Please sign both copies of the
         voucher immediately and return one to me. Please note the expiration date of your
         voucher. Your request for tenancy approval which is enclosed in the Landlord
         Packet must be received by this office before the expiration date in order for you to
         continue to receive housing assistance.

         I have enclosed the forms necessary to update your file for a new lease up. For the
         purpose of lead paint inspection, please indicate, at the bottom of page one,
         on your Household’s Personal Declaration if you plan to add a child under the
         age of six to your household in the next year. Please complete the forms and
         return with your signed voucher in the envelope provided.

         Before allowing a program participant to lease a new unit with their voucher, we must
         ensure that they are a tenant in good standing. This means they have no outstanding
         balance to the current Landlord for unpaid rent, damages, etc. and that there are no
         known damages to the unit beyond normal wear and tear.

         Please feel free to contact me at TELEPHONE NUMBER if you have any
         questions.

                                                                Sincerely,



                                                                Program Officer




Revised 7-28-11
        Section 15 – Portability

The ability of an eligible family that has been issued a housing choice voucher to use that voucher to lease a
unit anywhere in the United States where there is a housing agency operating a Housing Choice Voucher
Program is called portability. MaineHousing administers portability in accordance with the regulations
outlined in HUD 24 CFR 982.353, 354, 355, and PIH Notice 2008-43 issued December 3, 2008.

The "Initial" PHA is the PHA that issues the voucher to a family wanting to move or “port” to a different
jurisdiction. The initial PHA determines eligibility for the housing choice voucher program based on its
admission policies.

The "Receiving" PHA is the PHA located in the jurisdiction to which the family wishes to relocate.



            Initial                                               Receiving
             PHA                                                    PHA


Maine Jurisdictional Boundaries Agreement
On July 1, 1999, the Maine State Housing Authority and the local Public Housing Authorities of Maine
entered into an agreement that expanded the local PHA’s areas of operation to include administration to
“contiguous towns” that bordered the city or town that has a local housing authority. This ruling expanded
the local housing authorities’ areas of administration of their vouchers, but did not change the process of
applications made to MaineHousing’s wait lists. Example of expanded jurisdiction:

                                                  New Glouscester

                                     Auburn                              Minot


                                     Turner                               Poland




                                                Mechanic Falls
                                                AUBURN
                                           HOUSING AUTHORITY

(See listing of local housing authorities’ contiguous towns at the end of this section).




       Revised 9-15-11                               -1-
                 Wait List Jurisidiction Flowchart
                 From MaineHousing's Perspective
                                              Depending on where the tenant lives
                                                  at the time they apply to a
                                                   MaineHousing Wait List:

                        Living In…                                        Living In…
                           Contiguous towns to a local housing
                                        authority,                          A town/city that has a housing authority
                                          OR
                              in MaineHousing's Jurisdiction.




                         Having obtained a MaineHousing voucher,           Having obtained a MaineHousing voucher,
                          The family can go wherever they want                   the familyt cannot live in the
                                                                               town/city with a housing authority




                         The family moves to PHA city/town, or to           The family moves into MaineHousing's
                                     contiguous town                                     jurisdiction


                                                                                                              Utilizes MaineHousing voucher
                           MaineHousing Agent must port them                                                      (for at least one year)
                                  to the appropriate PHA

                                                                             The family remains in PHA city/town

                                                                                                              Loses MaineHousing voucher

                                                                            The family moves to a contiguous town
                                                                                    (for at least one year)

                                                                                                        MaineHousing Agent must port them
                                                                                                                 to the appropriate PHA




Wait Lists
Anyone can apply to a MaineHousing’s wait list for the county in which they currently reside, provided that
county wait list is opened.

For purposes of our wait lists only, the local housing authorities’ contiguous towns are included under
MaineHousing’s jurisdiction.

A family who does not live in MaineHousing’s jurisdiction at the time they applied to our wait list must lease
a unit in MaineHousing’s jurisdiction for 12 months. After the 12 months, they can port out of
MaineHousing’s jurisdiction.

If a family did live in our jurisdiction when they first applied to our wait list, they are automatically eligible
for portability to live anywhere they would like.




        Revised 9-15-11                                             -2-
Porting Out

When one of our families leaves us to move outside our jurisdiction, we are the “INITIAL PHA”:

1) The family must initiate the portability process by informing the Initial PHA of where they want to
   move in another jurisdiction (porting out). MaineHousing/Agent requires its tenants to send a Request
   for Tenancy Approval (RFTA) for the unit in another PHA jurisdiction.
2) MaineHousing/Agent must immediately contact (by email or phone) the Receiving PHA to alert them
   to expect the family. To search for public housing authorities throughout the country, use HUD's
   webpage listing contact information for any PHA in the country at:
       http://www.hud.gov/offices/pih/pha/contacts/index.cfm.
3) To aid the family in contacting the PHA in the jurisdiction where the family wish to move,
   MaineHousing/Agent must provide the family with the Receiving PHA contact information:
        The Receiving PHA’s name,
        the Contact Person’s name handling incoming ports, and
        their telephone number.
4) Before arriving at the Receiving PHA's office, the family should familiarize itself with the following:
        The family is now governed by and must follow the Receiving PHA’s rules and policies, which
         may differ from those of their Initial PHA (MaineHousing).

        The Receiving PHA will issue the family one of its own vouchers, enabling the family to search
         within its own jurisdiction:
          The Receiving PHA issues a housing choice voucher of the size based on its own subsidy
             standards.
          The expiration date of the new voucher issued by the Receiving PHA may exceed that of the
             original voucher expiration date issued to the family by the Initial PHA (MaineHousing).
          If the family finds they need an extension on their voucher, they must request this from the
             Receiving PHA and the Receiving PHA must in turn, notify the Initial PHA (MaineHousing)
             of the extension.

        The family should familiarize itself with the Receiving PHA's unit size and voucher payment
         standards before beginning their housing search in the Receiving PHA's jurisdiction.

        The Receiving PHA may require the family to participate in a briefing and cooperate in a
         reexamination of income but may not unduly delay the family's housing search.

        The Receiving PHA may do a criminal background check for all adult household members.
         NOTE: The premise being that porting program participants were screened for program
         eligibility at the time of their admission. Conversely, it is not always as clear to the screening
         policies of other PHAs for applicants off waits (prior to porting). In all cases, if it is
         established/confirmed that eligibility screening has never taken place, the MaineHousing/Agent
         when the Receiving PHA, will perform program eligibility screening for incoming families.




       Revised 9-15-11                               -3-
5) Moving Restrictions


        The family is restricted to move out of its current unit under the terms of its lease.

        A family is not eligible to port if they have moved out of their assisted unit in violation of the
         lease.
        The family has an outstanding debt to MaineHousing or any other PHA. All debts must be
         either paid in full, or addressed with an executed repayment agreement before a family will be
         permitted to move.
        No family may move more than 1 time in any 12-month period outside MaineHousing’s
         jurisdiction. If a family uses portability to move to another jurisdiction, and wishes to move
         back before 1 year has elapsed, MaineHousing is under no obligation to allow the move,


           VPS LIMITED RESTRICTION – FUNDING DEPENDENT:
         depending upon circumstances and funding availability.



           Method Currently in Effect (see checked box):
              Effective Date: ________________. Families are restricted from porting out unless the
           Receiving PHA’s voucher payment standards are equal to, or lower than, the York-Kittery-South
           Berwick HMFA payment standard.

               Effective Date: February 16, 2010. There are no restrictions of VPS limitations for
           families porting out.


6) Income Eligibility

        For Applicants off the wait list: If this will be the applicant family's first lease under the
         housing choice voucher program, MaineHousing/Agent must also compare the family's income
         to the applicable-income limit, (typically, the very low-income limit) for the community where
         the family wants to move and determine if the family will be income eligible to be able to lease
         up in that jurisdiction. Addresses and telephone numbers for PHAs around the country are
         available on HUD's web site: www.hud.gov. Income limits are available at www.huduser.org.

        For Program Participants: To exercise portability, MaineHousing/Agent does not re-
         determine income eligibility when a participating family has already been under a HAP contract.
7) MaineHousing/Agent must forward (mail, fax or e-mail) the following “Portability Packet” of
information to the Receiving PHA:

        Portability “Checklist” Cover Letter (see copy at end of this section).
        A completed Part I of HUD-52665, Family Portability Information form



       Revised 9-15-11                              -4-
                 o Under “Certifying Official”, the Agent is to use their own name.
                 o Under “Name and Address of Initial HA”, all Agents are to state : “Agent for
                   MaineHousing”
                 o Under “Receiving HA Contact Person”, the Agents are to list “Allison Gallagher”,
                   and her direct phone number: 207/626-4691.
         A completed HUD-52646; Housing Choice Voucher

         Current HUD 50058; (most recent whether 90 days or not) and most current income
          verification supporting HUD-50058.
         Agents are authorized to provide the Receiving PHA with a copy of the EIV report to ensure
          accurate income and rent determinations.
         Copies of SS cards, birth certificates, and photo IDs
         Copies of Declaration of Section 214 Status forms

         Request For Tenancy Approval (if have)
         MaineHousing/Agent’s contact information
8) Agents are to fax Alison Dyer at MaineHousing, copies of the following three documents from the
above portability packet:
             Cover Letter

             Page 1 of HUD-52665, Family Portability Information form
             A completed HUD-52646; Housing Choice Voucher
9) If the Receiving PHA absorbs this family, or the family’s voucher expires without lease-up, Alison
   Dyer, MaineHousing, will notify Agent via email so that this voucher can be reissued to another
   family.
10) If the Initial PHA has not received notification from the Receiving PHA within 60 days following the
    expiration of the voucher, the Initial PHA must follow-up with the Receiving PHA.
11) Port-out coding for PIC Submissions:


 Do not send Applicants off the Wait list to PIC; use “Port   Code as “5=Portability Out” in Elite to send to PIC. Use
 For Applicants Families Off Wait List:                       For Participant Families:

 Out Update Not Submitted to MTCS” as the Certification       “Portability Move Out” cert type. Validate – do not
 Type.                                                        complete.

 The Receiving PHA will code these families and submit        If a participant family fails to lease up with the
 to PIC.                                                      receiving PHA, and returns to you, MaineHousing will
                                                              determine whether or not a “Void” must be submitted
                                                              to PIC, depending on whether or not the 5=Port Out
                                                              was sent to PIC.




        Revised 9-15-11                                   -5-
Porting In

When a family wishes to move into our jurisdiction from another housing authority, we are the
“RECEIVING PHA”:

             ABSORBING VS. BILLING – FUNDING DEPENDENT:
             Method Currently in Effect (see checked box):
                 Effective Date: ________________. MaineHousing is swapping or billing all incoming
             portables, with MaineHousing staff negotiating the voucher swaps. In the case the Initial PHA
             declines the MaineHousing’s swap offer, MaineHousing will bill. In the case the Initial PHA
             agrees with the MaineHousing’s swap offer, MaineHousing will absorb.

                 Effective Date: June 1, 2010. MaineHousing is absorbing all incoming portables.


The Voucher
If MaineHousing/Agent has received a complete portability packet, and has had contact with the family,
then MaineHousing/Agent must issue the family a MaineHousing voucher as soon as possible but always
within two weeks of the date the HUD-52665 form was received:

MaineHousing/Agent will print a physical copy of the voucher for both the family and the file.

The expiration date on the new MaineHousing voucher can either have the same expiration date as the
expiration date on the original voucher issued by the Initial PHA, or it can exceed that original expiration
date, but it can never precede the original voucher’s expiration date.

Effective March 2010: For Port-Ins, we will be checking the Maine and National Sex Offender Registries.
We will not be running a criminal background check through INFORMe. We will be checking the RIFME
database.

                Do NOT process any incoming ports if the voucher from the initial PHA has
                        already expired by the time the paperwork is received!
                                     Do NOT extend this voucher!
                   REFER the family back to the initial PHA (to request an extension)!




Voucher Extensions
MaineHousing/Agent may approve a voucher extension to the MaineHousing voucher it has issued to the
family for additional search time, assuming the family has been absorbed by MaineHousing.

However, when MaineHousing/Agent is BILLING the Initial PHA, and MaineHousing/Agent allows an
extension beyond the expiration date of the Initial PHA's voucher, MaineHousing/Agent must immediately
inform the Initial PHA in writing of the extension.




       Revised 9-15-11                                 -6-
Income Eligibility

For Applicants off the wait list of an Initial PHA: If this is the family's first lease under the housing
choice voucher program, MaineHousing/Agent must determine if the family is income eligible in the
community to which the family wishes to move, (typically, the very low-income limit) to determine if the
family will be income eligible in order to lease up.

For Participants from an Initial PHA: MaineHousing/Agent does not re-determine income or program
eligibility for a participant family that has already been leased in a PHA area. If income verifications in port
packet are older than 90 days we need to re-verify.

After the tenant family leases up, MaineHousing/Agent has only 10 working days from the date the HAP
contract is executed (signed) to send Part II of Form HUD-52665 to notify the initial PHA of the
absorption or the billing.

NOTE: When billing, ALL action types (e.g., Interims, Annual etc.) must be corresponded to the Initial
PHA by way of the MaineHousing Agent forwarding updated copies of both the HUD-52665 and HUD-
50058 to the Initial PHA.


Denial
If MaineHousing/Agent encounters a situation where they must refuse to process or provide assistance
under incoming portability procedures, the family has the right to appeal and must be given the opportunity
for an informal review (applicant family) or informal hearing (participant family), MaineHousing must
contact the Initial PHA for further instruction.


Family Decides Not to Lease in MaineHousing’s jurisdiction:
If an incoming portable family decides NOT to lease in MaineHousing’s jurisdiction, and instead returns to
the initial PHA, or goes to another PHA’s jurisdiction MaineHousing will refer the family back to the initial
PHA! In such a case, the original voucher issued by the initial PHA is reinstated, and the MaineHousing
voucher and extensions granted by MaineHousing is VOID.

The initial PHA will be the one to decide if they want to grant an extension to their voucher to allow the
family to return to their jurisdiction or search in another jurisdiction.

Port-in coding for PIC Submissions:

 Code as 1=New Admission in Elite to send to PIC.           Code as “4=Portability In” in Elite to send to PIC.
 For Applicants Families Off Wait List:                     For Participant Families:




        Revised 9-15-11                               -7-
6-4-10 Portability Exception Requests

Requests for release from portability restrictions
Very infrequently, circumstances arise where it may be essential for an applicant family, who is not eligible
for portability, to remain in a particular town/city in order to maintain employment, continue their
education, or participate in another service deemed essential to the family’s self-sufficiency.
Typically these circumstances include a lack of transportation to and from work or school but some
situations may involve other circumstances that result in the same need. Families who are not eligible for
portability and will lose employment, ability to continue education, or other service essential to self-
sufficiency if required to move to MaineHousing’s jurisdiction can request an exception in order to live in
the town/city where they work or go to school. MaineHousing will review these requests on a case-by-case
basis. The process is similar to the Reasonable Accommodation Request process.


Exception Request Processing Steps:
      1. The applicant or tenant request for an exception begins the process. MaineHousing/Agent does
          not offer an exception unless one has been specifically requested.
      2. The Agent will provide appropriate assistance at the request of the household member to
          complete Page 1 of the MaineHousing “Exception Request: Release from Portability
          Restrictions Request and Verification Form”. The household member’s signature is required. (See form
          at end of this section).
      3. The Agent then forwards this request for Exception to the specified employer/school/other
          agency for verification of employment or student status.
      4. The employer/school/other agency must complete page 2 of the MaineHousing “Exception
          Request: Release from Portability Restrictions Request and Verification Form”. The individual
          completing the form must include his/her signature and title.
      5. The Agent faxes the completed Exception Request form to Amanda Bartlett, MaineHousing for
          her review and approval. Incomplete forms will not be accepted for approval. All form questions
          must be addressed.
      6. Amanda Bartlett, MaineHousing will render a decision to approve/deny within a reasonable
          time. Before granting final approval, Amanda will obtain permission from receiving Housing
          Authority to port family prior to one-year in Initial (MaineHousing) Housing Authority’s
          jurisdiction. She forwards final decision to the Agent via e-mail and updates Elite with note
          indicating exception status.
      7. Agents should verify that note is in Elite indicating exception approval status.

       In the case of exception request denials:
       8. The Agent will send a notification letter to the household member that their request for an
           exception has been denied. Letter does not include language to allow for an informal review as
           this process is separate from the Reasonable Accommodation process and does not require the
           right to an informal review.




       Revised 9-15-11                               -8-
Portability Check List Cover (Revised 9-12-11)
                                            PORTABILITY CHECK LIST

Today’s Date: DATE Earliest Lease-up Date: DATE
To:    HOUSING AUTHORITY, Attn: Portability Coordinator
Name: FAMILY                Address: ADDRESS                              Phone: ( )________ County of
Allocation: COUNTY
 Below is a list of the items that have been enclosed with the attached Portability Packet for FAMILY who wishes to por
 Choice Voucher to your area. This family was admitted to the program on DATE, and is currently (check one):
         Applicant off Wait List             Program Participant
 The voucher that was assigned to this family is coded as a:
       Regular Voucher        VASH Voucher           FUP Voucher           Mainstream Voucher         Project Based Voucher
                          **Please be sure proper program code is reflected on Line 2N of the H UD-50058**
   HUD Form 52665 – Family Portability Information
   Housing Choice Voucher issued by our office for portability
   Current HUD 50058 Family Report
            All backup verifications relevant to current HUD 50058, including:             Latest EIV Income Report (if
applicable)
   HUD 92006 – Supplement to Application/Personal Declaration
Personal Identifiers:
            Copies of Social Security Cards         Copies of birth certificates      Copies of SSA Benefit Letters
            Copies of Photo IDs                     Copies of Declaration 214 Forms/immigration forms

From Landlord Packet:
            HUD 52517 – RFTA                       Lease                                   Lead Paint Disclosures: ME &
Federal
           IRS Form W-9                            Owner Information Sheet

   EID Information (if applicable): Start Date: ____________ Months Under EID: _________________
   Information on FSS participation (if applicable)
   PBV Only: Additional Documents:
           HUD 52578b-PBV Statement of Family Responsibility
           HUD 52530c-PBV Tenancy Addendum
           Initial Inspection for Property Opening
                 NOTE: HUD 52517 – RFTA if applicable for PBVs
   VASH Only: Additional Information:
   VASH Contact Person for MaineHousing: Shawn Roy at 207/624-5755 or SRoy@mainehousing.org
   VASH vouchers are subject to HUD regulations at 24 CFR 982 with the following exceptions:
    •   Referrals come from the Veterans Administration. Contact: Wendy Thomas 207/623-8411 Ext 4125.
    •   Veterans Administration verifies homeless status and suitability for the Program.
    •   Initial PHA performs sex offender registry check only; other criminal background screening is not applicable under
        VASH.
    •   Portability within the state is allowed but only if the PHA will bill us and not absorb.
    •   The voucher term must be for 120 days initially, with extensions permitted.
    •   The VA caseworker must first approve the unit as suitable for the tenant; following VA approval the receiving PHA
        conducts HQS inspection.
    •   The PHA can accept leases with less than 1 year term.
    •   Case management will be provided by VA.
    •   VA will recommend termination if service is refused by tenant.




Revised 9-15-11                                        -9-
   Any Items not available/missing:
_______________________________________________________________________
____________________________________________________________________________________________
_________
PORTABILITY CONTACT: All further correspondence, including form HUD -52665, concerning this portable tenant
must be sent directly to:       Allison Gallagher, MaineHousing or agallagher@mainehousing.org
                         353 Water Street Augusta, ME 04330
                         Phone: (207)626-4691      Fax: (207)624-5713
                         PHA Code: ME901           TID: 01-0312916




Revised 9-15-11                                - 10 -
        Exception Request Release from Portability Restrictions Request & Verification Form
                                     Exception Request
             Release from Portability Restrictions Request and Verification
Date:
To:
                                          Name of employer/school/other


                                             Employer/school address



From: Maine State Housing Authority                                          Telephone: 1-866-357-4853
      353 Water St
      Augusta, ME 04330

Subject: Release from Portability Restrictions

Household Member’s Name:

Address:
                 Street                                     City                     State             Zip

The household member named above has applied for, or is receiving, federal rental assistance. The
household member has requested an exception to policy, which will allow them to use their voucher
outside of MaineHousing's jurisdiction as described below. We are required to verify that the household
member qualifies for this exception request due to a need to live in the town/city for reasons related to
employment or education.

We would appreciate your cooperation in answering the questions on this form and returning it to the
address listed above. Enclosed is a self addressed, stamped envelope for this purpose. (Note to
Person Completing this Form: By signing this document, you are indicating that you believe the exception is
NECESSARY and will achieve its stated purpose.)

HOUSEHOLD MEMBER’S REQUEST
It is necessary for the above-named household member to live in the town/city of:
_________________.
Describe the reason for the exception request:

           Employment of adult household member outside of MH jurisdiction
           School-adult household member outside MH jurisdiction
           other ______________________________________________________________________

Specifically describe why the requested accommodation is necessary (The reason for the request must include
information to support the fact that without release of portability restrictions, the household member will lose current
employment, education, or another service deemed essential to the family’s self-sufficiency): _________________________




        Revised 9-15-11                                 - 11 -
 ___________________________________________________________________________________
____________________________________________________________________________________________

HOUSEHOLD MEMBER RELEASE: (Household member: You do not have to sign this form if
the name or address of either the Agent or the provider name is left blank.) I hereby authorize the
release of the requested information. Information obtained under this consent is limited to information
that is no older than 12 months.

Signature ________________________________________                                   Date __________________________

MaineHousing or its agent has verified:
1. Is the household member currently employed or attending school:
        Yes       No           Full-Time (32+ Hrs per wk)       Part-Time (< 32 Hrs)

2. Does the household member require what he or she has requested?                             Yes          No

3. Due to a lack of transportation or other reasons outlined on Page 1, is it essential that the household
    member live in the town/city of your organization/facility to avoid the loss of employment or
    education?
                                                    Yes         No         N/A

4. Please describe any other accommodation or modification that could meet the household member’s
    needs in place of what the household member has requested. For example, if there is a way for the
    household member to live outside of the town/city where they work or attend school and continue
    to maintain their employment or student status. ___________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________

Printed Name, Title, Agency: ____________________________________________________________
 ___________________________________________________________________________________


Signature ___________________________________________                                Date __________________________

PENALTIES FOR MISUSING THIS CONSENT
Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false and
fraudulent statements to any department of the United States Government. HUD, the PHA, and any owner (or any
employee of HUD, the PHA, or the owner) may be subject to penalties for unauthorized disclosures or improper uses of
information collected on the consent form. Use of the information collected based on this verification form is restricted to
the purposes cited above. Any person who knowingly or willfully requests, obtains, or discloses any information under false
pretenses concerning an applicant or participant may be subject to a misdemeanor and fined not more than $45,000.




         Revised 9-15-11                                       - 12 -
Contiguous Towns List Transitioned to Local PHA’s to Administer:

Auburn Housing Authority            Mechanic Falls        New Gloucester     Turner
 Local PHA’s                                Contiguous Towns Served by PHA’s

                                    Minot                 Poland
Augusta Housing Authority           Chelsea               Manchester         Whitefield
                                    Hallowell             Vassalboro         Windsor
Bangor Housing Authority            Hampden               Hermon             Glenburn

Bath Housing Authority              Arrowsic              West Bath          Woolwich
                                    Phippsburg
Biddeford Housing Authority         Arundel               Kennebunkport      Lyman
Brewer Housing Authority            Eddington (East)      Holden             Orrington
                                    Holden (East)
Brunswick Housing Authority         Durham                Freeport           Harpswell
Caribou Housing Authority           Connor                Limestone          New Sweden

Fort Fairfield Housing Authority    Easton

Lewiston Housing Authority          Greene                Lisbon Falls       Sabbattus
                                    Lisbon
MDI & Ellsworth Housing Authority   Blue Hill             Hancock            Swans Island
                                    Bar Harbor            Lamoine            T8 SD
                                    Brooklin              Mariaville         Tremont
                                    Cranberry Isles       Orland             Trenton
                                    Dedham                Otis               Waltham
                                    Frenchboro            Southwest Harbor   Winter Harbor
                                    Gouldsboro            Surry
Old Town Housing Authority          Alton                                    Milford
                                    Argyle                Hudson             Orono
                                    Bradley                                  Veazie
Portland Housing Authority          Cumberland            Falmouth           Long Island
Presque Isle Housing Authority      Chapman               Washburn
                                    Mapleton              Westfield
Saco Housing Authority              Buxton                Dayton             Old Orchard Beach
Sanford Housing Authority           Acton                 Lebanon            Springvale
                                    Alfred                North Berwick      Wells
South Portland Housing Authority    Cape Elizabeth        Scarborough        South Portland
Van Buren Housing Authority.        Cyr Plantation        Grand Isle         Hamlin
Waterville Housing Authority        Oakland               Sidney             Winslow
Westbrook Housing Authority         Gorham                Windham




      Revised 9-15-11                            - 13 -
  Portability Contact

                                        PORTABILITY CONTACT FORM

Tenant Name: _________________________________________________________________________________________________________
Please print


Name of Receiving HA: _______________________________________________________________________________________________

Name of Portability Contact Person: ________________________________________________________________________________

Street Address: _______________________________________________________________________________________________________
                _______________________________________________________________________________________________________
Telephone Number: __________________________________________________________________________________________________

Mailing Address if different: _________________________________________________________________________________________

Date MaineHousing, or its Agent, called Receiving HA: ___________________________________
                                                                             _______ Mail
Date Port Packet sent:_________________________ Portability Packet sent via: _______ FAX
                                                                             _______ Family

Special instructions/comments to tenant:_________________________________________________________________________

_________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________

MaineHousing, or its Agent, Statement: I personally contacted the above named PHA and notified the
identified Portability Contact Person that this tenant intends to port to their jurisdiction. I further certify the
portability packet was sent out on the date, and via the method, specified above.


___________________________________________________ _________________________________
Agent Signature                                                             Date




 Revised 9-15-11                                        - 14 -
       Section 16 – MaineHousing Agent Transfers

Families holding MaineHousing funding who are moving from one MaineHousing Agent’s area to
another MaineHousing Agent’s area are NOT porting families.


                  This is a family transfer between MaineHousing Agents
                                       and is not Portability!!



In such cases, the MaineHousing Agent that is forwarding the family to another MaineHousing
Agent will:

   1) Contact the receiving MaineHousing Agent of the imminent move, by email.

   2) Contact their MaineHousing Financial Officer by email of the imminent move. The
      MaineHousing Financial Officer will then change the family’s Elite increment, so the new
      Agent will be able to view the family in Elite.

   3) Send a cover letter, enclosing the following file documentation to the new Agent.
          A copy of the Housing Choice Voucher issued by our office
          A copy of the most recent 50058 (in elite)
          Income verifications relevant to the most recent 50058
          A copy of the original application
          Authorization to Release Information form
          Copies of Social Security cards
          Declaration of Section 214 Status forms
          Request for Tenancy Approval

       If Applicant:
            Copy of wait list (documenting wait list position at selection)
            Offer letter
            Other pertinent items from briefing packet

       This cover letter must also address whether the family is an applicant or a current program
       participant.




       REVISED 9-15-11                               -1-
As of 9-15-11 For immediate implementation: Agents are to use “Agent Transfer
Check List Cover”:
                         AGENT TRANSFER CHECK LIST - Please DO NOT mail entire file!

Today’s Date: DATE            Earliest Lease-up Date: DATE            To: AGENT
Name: FAMILY               Address: ADDRESS                              Phone: ( )________ County of Allocation:
COUNTY
 Below is a list of the items that have been enclosed with the attached Agent Transfer Packet for FAMILY who wishes to
 transfer their Housing Choice Voucher to your area. This family was admitted to the program on DATE, and is currently
 (check one):
           Applicant off Wait List           Program Participant

 The voucher that was assigned to this family is coded as a:
       Regular Voucher        VASH Voucher           FUP Voucher      Mainstream Voucher      Project Based Voucher (PBV)
                   **Please be sure proper program code is reflected on Elite’s Master Entry Screen**
   Copy of Initial/original voucher issued
   Copy of original application
   Copy of briefing check list
   Copy of Pre-committal Draw
   Housing Choice Voucher issued by our office for this Agent Transfer
   All backup verifications relevant to current HUD 50058, including:             Latest EIV Income Report (if applicable)
Release Forms:
               HUD 9886 Release                  General Authorization of Release
               HIPPA Release                     HUD 52675 EIV Debts Owed Notice
               Criminal Consent Forms            HUD 92006 – Supplement to Application/Personal Declaration

Personal Identifiers:
              Copies of Social Security Cards              Copies of birth certificates    Copies of SSA Benefit Letters
              Copies of Photo IDs                          Copies of Declaration 214 Forms/Immigration forms

From Landlord Packet:
              HUD 52517 – RFTA                  Lease                                       Lead Paint Disclosures: ME &
Federal
             IRS Form W-9                                  Owner Information Sheet

   EID Information (if applicable):             Start Date: ______________ Months under EID: _______________

   Information on FSS participation (if applicable)

   PBV Only: Additional Documents:
             HUD 52578b-PBV Statement of Family Responsibility
             HUD 52530c-PBV Tenancy Addendum
             Initial Inspection for Property Opening
         NOTE: HUD 52517 – RFTA if applicable for PBVs

   VASH Only: Additional Information:
  VASH Contact Person for MaineHousing: Shawn Roy at 207/624-5755 or SRoy@mainehousing.org
   VASH vouchers are subject to HUD regulations at 24 CFR 982 with the following exceptions:
    •    Referrals come from the Veterans Administration. Contact: Wendy Thomas 207/623-8411 Ext 4125.
    •    Veterans Administration verifies homeless status and suitability for the Program.
    •    Initial PHA performs sex offender registry check only; other criminal background screening is not applicable under
         VASH.
    •    Portability within the state is allowed but only if the PHA will bill us and not absorb.
    •    The voucher term must be for 120 days initially, with extensions permitted.
    •    The VA caseworker must first approve the unit as suitable for the tenant; following VA approval the receiving PHA
         conducts HQS inspection.
    •    The PHA can accept leases with less than 1 year term.
    •    Case management will be provided by VA.
    •    VA will recommend termination if service is refused by tenant.

   Any Items not available/missing: ______________________________________               __________________
                                         _______________________________                 ________________________
From Agent/Worker Contact Information: ___________________________________               __________________
                                         _______________________________                 ________________________




REVISED 9-15-11                                                 -2-
For PIC submissions, when the new Agent receives this documentation, they will process
the family as follows:
For Applicants Families Off Wait List:             For Participant Families:

Code as 1=New Admission in Elite to send to PIC.   Code as “2=Annual” in Elite to send to PIC.




REVISED 9-15-11                                -3-
        Section 17 – Family Screening

The Screening and Eviction Rule, effective June 25, 2001, provided PHAs with tools
for adopting and implementing effective policies to screen out HCV program applicants
who engage in illegal drug use or other criminal activity. Although requiring denial of
program admission for specific criminal activity, the rule did not restrict program denial
solely to the reasons cited in the rule, “PHAs may deny admission for criminal activity other
than that specified in the rule”.

The authority granted to PHAs under this rule to obtain criminal records under the
Screening and Eviction Rule does not extend to obtaining criminal records for HCV
program participants. (See P.2-55 of HUD’s Housing Choice Voucher Guidebook)

This rule also authorized PHAs to obtain criminal conviction records from “law
enforcement agencies” (See Appendix A-Definitions). The HUD regulation 24 CFR 5.903
authorizes PHAs to obtain access to criminal convictions records from a law enforcement
agency to screen applicants for program admission.

The Owner’s Responsibility to Screen

                 Owners are responsible to perform tenant suitability screening.



MaineHousing encourages owners to screen families on the basis of their tenancy histories
to inquire about such factors as:
     Payment of rent and utility bills;
     Care of unit and premises;
     Respect for others’ housing rights;
     Drug-related or other criminal activity, or any other activities that are a threat to the
        life, safety, or property of others; and
     Compliance with essential conditions of tenancy.

MaineHousing is neither liable nor responsible to the owner or other persons for the family’s
behavior or conduct while in tenancy. See HUD Regulations 24 CFR 982.307(a)(1) and
(a)(2).

MaineHousing’s screening of a family to participate in the HCV Program IS NOT in any
way to be considered by an owner to be:
     An endorsement of tenancy,
     A prediction of positive family behavior, or
     To be considered a replacement of the owner’s responsibility to screen for
        suitability.

MaineHousing will provide a prospective landlord with information intended to assist the
owner in conducting their own screening such as the family’s current and prior address on



REVISED 3-2-11                                -1-
record; and the name and address (if known) of the landlord at the family’s current and prior
addresses. MaineHousing will also notify each family of its policy on providing information
to prospective owners.

MaineHousing will not provide a former landlord with the name and address information of
a new landlord due to tenant confidentiality.

MaineHousing Screening

     MaineHousing and its Agents are responsible to perform program eligibility screening.


Individuals Who Are Screened:
    Program applicants.
    Applicant household members who are adults.
    Emancipated youths having adult status.
    Juveniles who have been convicted of a crime.
          o Effective 09/01/2000 Maine made juvenile adjudication information public
             for all felony (Class M, A, B, or C) offenses. Adjudication is the juvenile
             equivalent of a conviction. Therefore any juvenile who is convicted of a
             felony crime with a date of offense on or after 09/01/2000 will have a
             criminal record that is available to the public. These offenses are not
             "sealed". Misdemeanor juvenile offenses still remain unavailable to the
             public.

    Adults requesting to become a member of participating household, including live-in
     aides and foster adults.

    Individual PORTING into us:
         o It is to be assumed that the Initiating PHA has performed the required
            screening processes before porting to us. In the case of a family that is
            porting into us, and simultaneously adding a new household member, we will
            perform all the screening checks (e.g., INFORME, RIFME, Sex Offender
            Registries) on that individual.

Sources for Screening:
      State of Maine InforME System to request in-state criminal history record
         information.
             o MaineHousing and its Agents must request criminal history record
                information in the State where the housing is located and in any other
                States where household members are known to have resided. In the last 3
                years.

       State of Maine Sex Offender Registry

       National Sex Offender Registry




REVISED 3-2-11                               -2-
           MaineHousing and its Agents must conduct screening for sex offender
           registration requirement in the State where the housing is located and in other
           States where household members are known to have resided. As a precaution,
           agents should check the national registry.

       RIFME Debtor Database – To check for individuals owing money to an in-
        state housing authority

       Federal Bureau of Investigation Background Records (when known)
         Provides convictions for federal crimes & fingerprint-supported state-level
         criminal history information.

       EIV System - To check for individuals who have ended participation owing
        money to another (out-of-state or in-state) housing authority, to determine if
        reason for end participation was egregious in nature.

New! Effective 2-2011:

INCORPORATING AN “EIV SYSTEM CHECK”
AS PART OF MAINEHOUSING SCREENING PROCESS
                                     Redefining “A Hit”
   To include not only:
               √   INFORME results
               √   Sex Offender Registries
               √   RIFME results
   But now also:
               √   Self-Disclosures on Application or Personal Declaration
               √   EIV System results

With our prior screening process, Agents checked Sex Offender Registries, RIFMe, and
INFORMe. Agents notified their MaineHousing Program Officer of sex offender
registrants as well as sending their PO any INFORME reports with “hits” for
approval/denial.

NEW SCREENING PROCESS:
MaineHousing now needs their Agents to give them the names of:
   a. All adult household members, (not just the HOH), of new Applicant families and

   b. All new adults requesting to be added to an existing participant household.

To help to accomplish this:
   a. To capture all of the adults the Agents are screening, the Agents will now send ALL
      INFORMe reports regardless of results to their MaineHousing Program Officer.




REVISED 3-2-11                                -3-
   b. In turn, the MaineHousing Officer will check these adults against the EIV System
      for debts and adverse EOPs.

In addition, the Agents must now report, under secure email, whether adults that are being
screened have disclosed any crimes and/or debts on their Application or Personal
Declaration:

To help to accomplish this: 3 items are needed in the Agent’s Secure Email to their PO:

    1.  Name of HOH: ___________________
    2.  Was a disclosure statement re debts/crimes made on App/HH Personal Dec?
       ___ NO ___ YES
    3. If YES:
         a. Name of family member involved:_____________________
         b. Disclosure Statement made: ____________________________________
         ______________________________________________________________

Upon receipt of the Agent’s secure email the Program Officer will:
   a. Obtain the SSN(s) via Elite.

   b. Check the EIV System (for debts and adverse EOPs) and report their findings back
      to the Agent via secure email.


When EIV System does not have a “Hit”:

The Program Officer will:
   a. Notify the Agent that nothing was revealed on the EIV System.

   b. The Agent will complete the “EIV System Check” portion accordingly on the
      Criminal Consent Form and initialize. (See new Consent Form attached).

   c. The Program Officer will enter a note in Elite.


When EIV System does have a “Hit”:

The Program Officer will:
   a. Print a copy of the "Debts Owed & Termination Report" generated out of EIV
      System.

   b. Obtain the contact information of the PHA who posted this individual on the EIV
      System originally and contact that PHA to find out:
       i. The current status of the debt (balance) and/or,
      ii. Obtain information regarding an adverse EOP to evaluate timeframe and
          severity.



REVISED 3-2-11                             -4-
   c. Via secure email, the Program Officer will notify the Agent that:
       i. There were results from the EIV System.
      ii. Forward a copy of the "Debts Owed & Termination Report".
      iii. Reort to the Agent what the originating PHA gave regarding the status related to
           the debt or adverse EOP.

   d.    Tell the Agent if there has been a decision to rescind based upon evaluation of
        severity and timeframe.

   e.    The Program Officer will enter a note in Elite.

The Agent will then:
   a. Complete the “EIV System Check” portion accordingly on the Criminal consent
      form, initialize and staple a copy of their PO’s email to the consent form.

   b. Forward a copy of the "Debts Owed & Termination Report" to the individual and
      retain a copy for the family file.

The family has a right to an appeal process. See Section 20 – Informal Reviews and
Informal Hearings.

Screening Consent Form
Per HUD 24 CFR 5.903, MaineHousing must require every applicant family to submit a
consent form signed by each adult household member. By signing this form the household
member is consenting that:
     Any law enforcement agency may release criminal conviction records concerning the
       household member to MaineHousing.

    MaineHousing may receive the criminal conviction records and use them in
     accordance with HUD regulations. MaineHousing and its Agents may be held liable
     for any negligent action or knowing disclosure of criminal record information not
     authorized under HUD regulations.




REVISED 3-2-11                              -5-
MaineHousing has instituted the following consent form (last updated 2-9-11):
                                                        CONSENT TO SCREEN FOR CRIMINAL ACTIVITY

I, ___________________________, SSN ___________________, Date of Birth___________ have lived in the following
    (Printed Name)
state(s) in the past three years:___________________, ___________________, _____________________.
Have you used any alternate last name, maiden name, or other than the names indicated above?
     Yes        No If yes, please list names. ________________________________________________
   Choose ONE of the following:
        I am an Applicant, applying for housing assistance or,
        I am a current program Participant or,
        I am a member of the Applicant household of __________________________________ or,
        I wish to become a member of the Participant household of __________________________________ and to live in the
   rental unit located at ________________________, Maine.
Please Note: “Adult” is defined here as an individual who is 18 years old or older, or an individual who is under 18 years old, but
who has been convicted of a crime as an adult. Note: Emancipated minors are to be considered as adults.
I understand, as an “adult” member of this household, that a criminal history record check or “screening” for drug-related criminal
activities, violent criminal activities, sex offenses, registration as a sex offender, alcohol abuse activities, and other criminal activities
must be performed to determine this household’s eligibility for admission to, or participation in these programs. I understand, in
some circumstances, this household can be denied if I, or an adult member of this household, have engaged in such activities or
abuses.

By signing below, I agree to the release of criminal history records and sex offender registration information about me to
MaineHousing to screen this household for participation in the programs, and I agree to release any law enforcement agency
providing records or information from any liability for that release. I agree that this consent will remain in effect for 15 months from
the signature date below. I understand that if I, or any adult member of this household, refuses release of this information, or who
is not truthful in the statements made on this form, this household will be disqualified from admission to, or participation in these
programs.

I also understand that MaineHousing and its Agents may obtain information from other available sources concerning criminal
activity that did not result in a conviction, information concerning alcohol abuse, and information on other matters in screening me
and my household members for admission to these programs.

I am not currently using any illegal drugs or engaging in any drug-related criminal activity or any other criminal activity and, to the
best of my knowledge, none of the adult members of this household are currently using any illegal drugs or engaging in any drug-
related criminal activity or any other criminal activity. I have not been charged with any crime in the past three years involving
drugs, alcohol, weapons, violence or the threat of violence, and, to the best of my knowledge no adult member of this household
has been arrested and charged with any crime in the past three years involving drugs, alcohol, weapons, violence or the threat of
violence.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I hereby authorize the release of criminal history information requested directly to MaineHousing. I understand that this
information is certified to be true, and that willful misrepresentation on the form is grounds for denial and/or termination.
Signature: _____________________ Date: ____________
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  For Office Use Only                        □VAS   H
                                                                                          SEX OFFENDER REGISTRIES:
  CRIMINAL HISTORY:                                                                       Agents Initials: __________________
  MIQ Transaction No.: _____________________________                                      In-State: □ Yes □ No               National: □ Yes □ No

  Date InforMe Results Returned: ____________________                                    MaineHousing PO Response Required? □ Yes □ No

  Other State(s) Checked: _____________ _______________                                  If YES, date PO responded: _______________ □ Denied
                                                                                                                                  □ Approved
                             _______________ _______________

  MaineHousing PO Response Required? □Yes □ No

  If yes, Date PO responded: ________________ □Denied □                                  RIFME:         □NA         Owes $____________
  Approved
                                                                                         EIV STATUS: □OK               □Adverse EOP □Owes $______
  Informal Review Requested: □Yes □ No
                                                                                         Rescind Adverse EOP □Yes □ No Worker’s Initials _____
  Denial Overturned: □Yes □ No




REVISED 3-2-11                                                                     -6-
Criminal Background Records

    In Maine: Criminal history record requests are processed through the State of
     Maine’s InforME Internet website.

    Out of State: In the instance an applicant discloses an out of state address within
     the last three years of obtaining a voucher, Agents must request criminal history
     record information from that state.


Steps to request a Criminal Background Record through InforME
   1. Enter the following internet web address:
       http://www10.InforME.org/cgi-bin/PCR/step1.pl
   2. Agent must enter their name and password. Be sure to check off the “I have an
       InforME subscriber account” button on this screen. Press the “Continue” button.
   3. Under Step 1 of 6: Payment options, in order to proceed the Agent must answer the
       screen question, “Why are you requesting the following records?” The Agent always
       must select “B. Non-criminal Justice Purpose; Exempt” as their answer . Scroll to
       the bottom of this screen to press the “Continue” button.
   4. Under Step 2 of 6, the InforME system displays and identifies the Agent’s subscriber
       information. The Agent will need to verify their email address for receipt of criminal
       background record.
   5. Under Step 3 of 6: Search, The Agent enters the full name(s) and date of birth(s) of
       the applicant(s) to be checked and submit their request. Separate requests must be
       entered for any alternate names, maiden names or other names indicated on the
       application.
   6. A confirmation record will be generated with a transaction number. The Agent
       enters this confirmation number and date requested on the consent form in the “For
       Office Use Only” section.
   7. An email will be sent to the Agent to indicate the search is underway. Results will be
       returned, most often within a day or two of the request.
   8. Important! A search of the Maine Criminal History Record Information System
       through the InforMe website is similar to a “Google” internet search in the sense
       that it will provide exact matches and possible matches to your name and date of
       birth search criteria. This means that it is possible to receive a response that
       does not pertain to the individual you are screening. All responses containing
       criminal history information will be forwarded to a MaineHousing Program Officer
       for review. See “Steps to take when results are returned” below:


Steps to take when No Results are returned:
If there are no results and the criminal background record is “clean”, the Agent will:
     1. Destroy the report from InforME.




REVISED 3-2-11                               -7-
    2. Indicate in Elite system the date background record was done and that it passed.
       (See Full Application Entry; Family Members; Convictions).
    3. Fill out the “For Office Use Only” section of the consent form and place in the
       family file.
    4. Proceed with the application process, or the addition of a household member.


Steps to take when Results are returned:
If there are results from a criminal background record, the Agent is to forward the report via
encrypted email to a MaineHousing Program Officer for approval or denial. If the agent
does not have encrypted email options then the email from InforMe must be forwarded to
the MaineHousing PO so the PO can retrieve the record by the assigned request number.


If approved, 1. MaineHousing will notify the Agent that the Agent can proceed with the admission
MaineHousing reviews the background.

             process.
             2. Agent destroys the report from InforME
             3. Agent enters in Elite System convictions have passed and date passed/denied (See
             Full Application Entry; Family Members; Convictions at bottom of screen).
             4. Agent fills out the “For Office Use Only” section of the consent form and places in the
             family file.
             5. Agent proceeds with the application process or addition of participating household
             member.
             MaineHousing will notify the Agent of denial and the Agent will do the following steps:
             1. Notify the individual being denied in writing, (applicant, applicant household
If denied,

                member or participant household member) that they have been denied based on the
                results of their background record.
                Enclose a copy of their Criminal History Record with the letter.
             For a denied family member:

                Along with notifying the individual denied, the Agent will also notify the Head of
                Household and in the case of a participant household, the Landlord, that the individual is
                ineligible for assistance and cannot be included in the household, However, nothing in
                this notification can disclose or discuss information that was on the criminal background
                check.
                Always offer the individual an opportunity to dispute the accuracy and relevance of the
                information through an informal review. (See Section 18 - Denial of Assistance. See also
                Section 20 – Informal Reviews & Informal Hearings for more details.)




REVISED 3-2-11                                  -8-
Sex Offender Registries / Program Requirements

HUD 24 CFR 982.553 ( c ) (2) regulation prohibits admission of criminals (i) Mandatory
prohibition. “The PHA MUST establish standards that prohibit admission to the Program if
any member of the household is subject to a lifetime registration requirement under a State
sex offender registration program.

In its screening of applicants, MaineHousing must obtain criminal history background
records necessary to determine whether any household member is subject to a lifetime sex
offender registration requirement in the State where the housing is located and in other
states where the household members are known to have resided. HUD 24 CFR 5.905 gives
all PHA’s the authority to obtain access to sex offender registry information.

MaineHousing and its Agents will perform a search of all applicant adult household
members using the State of Maine Sex Offender Registry, and the National Sex Offender
Registry accessed through the State of Maine website, and any other state where household
members have resided within the last three years.

Steps to take to check Maine and National Sex Offender
Registries:
   1. Enter the following internet web address:
       http://maine.gov/sor
   2. Scroll to the bottom of this screen and press “Go” to get
       started now to search against the Maine Registry. Proceed
       with search.
   3. For the National Sex Registry, under “Related Links”
       displayed on the left side of this screen, select National Sex
       Offender Public Registry.
   4. For the National Sex Registry agree to the conditions of use, enter the scrambled
       code on the screen and proceed with search.
   If applicant or additional household member is found to be on the registry, forward this
   information to MaineHousing as instructed in the next paragraph.

State of Maine Registry - Lifetime and 10-year Registrants
The definition of 10-year and Lifetime registrant can be found at MRSA 34-A Ch. 15
§11203 (http://janus.state.me.us/legis/statutes/34-A/title34-Ach15sec0.html).

The State of Maine classifies those convicted of certain sex crimes on or after January 1,
1982 as either lifetime or 10-year registrants. Unfortunately, the Maine Sex Offender
Registry website does not differentiate between these two types of registrants. Due to the
complex nature of this legislation, it is often difficult to determine whether or not a sex
offender is subject to a 10-year or Lifetime registration requirement simply by looking at the
website. Therefore, individuals registered on the Maine Sex Offender Registry may not
necessarily be lifetime registrants and Agents should not automatically exclude an applicant
from eligibility.




REVISED 3-2-11                               -9-
If an Agent of MaineHousing gets a “hit” while conducting a Sex Offender Registry
screening for a program applicant they must inform their MaineHousing Program Officer.

MaineHousing in turn, will determine the program eligibility of those individuals based on
the nature and the length of time commissioned for the crime.

The individual will be offered the opportunity to dispute the accuracy and relevance of the
information through an informal review. (See Section 18 - Denial of Assistance. See also Section
20 – Informal Reviews & Informal Hearings for more details.)




REVISED 3-2-11                                - 10 -
Residential Initiatives for Maine - RIFME Debtor Database

Housing authorities in Maine have collaborated together to develop a statewide debtors’
database for in-state access and utilization. This database is the “RIFME Debtor Database”.

Individuals owing money to a housing authority have their outstanding debt posted to the
RIFME database. As payments are received, debt balances will be reduced on RIFME to
reflect the current debt balance. All individuals remain on RIFME until their debt has been
cleared in full. Agents should be sure to check RIFME database when a family requests to
move to a new unit!

To check for Family Debt to a Housing Authority
   1. Enter the following internet web address: http://www.rifme.org
   2. Click on the Login Tab at the top right of the screen. Enter user id and password.
   3. Once logged in, under "subscriber tools" located at the left of your screen on
      sidebar, click on "debtors’ database".
   4. You can search for a debtor by:
          a. Name. To search by name, enter only the last name.
          b. Social Security Number. To search by social security number, enter only
              the string of numbers (no dashes).
          c. Housing Authority. To search against one particular housing authority for
              a debtor, under "Authority", using the drop down menu, change the default
              of “All” to the agency you wish to search against. Click “Filter” to have the
              database search for the debtor. There may, or may not be details available.

If an individual does owes a housing authority monies, they cannot be:
     Admitted to the Program
     Added to a household or
     Move to another location or unit
    …until
    They either pay the debt in full, or go into a repayment agreement with the housing
    authority with whom they owe the debt. (See Section 21 – Family or Owner Debt).

The individual will be offered the opportunity to dispute the accuracy and relevance of the
information through an informal review. (See Section 187 - Denial of Assistance. See also Section
20 – Informal Reviews & Informal Hearings for more details.)




REVISED 3-2-11                                - 11 -
        Section 18 – Denial of Assistance

See HUD 24 CFR 982.552 and HUD 24 CFR 982.553

MaineHousing may deny assistance because of a family’s action, or failure to act.
MaineHousing will provide families with a written description of the family obligations
under the Program, the grounds under which MaineHousing can deny assistance, and
MaineHousing’s informal review procedures.

Denials of assistance for an Applicant may include (see HUD 24 CFR 982.552), but is not
limited to:
     Denial of placement on the waiting list
     Denial of a preference status
     Denial or withdrawal of a voucher
     Refusal to enter into a HAP contract
     Disapproval of a lease
     Refusal to provide assistance under portability procedures
     Denial of a reasonable accommodation request

When MaineHousing receives information that would normally lead to denial of assistance,
MaineHousing will notify the household of the proposed action and will provide the
member to whom the information is about a copy of such information, and the family will
be given an opportunity to dispute the accuracy and relevance of the information before a
final decision based on the information to deny assistance is made.

                           MANDATORY Grounds for Denial of Assistance

DRUG-RELATED CRIMINAL ACTIVITY. Any member of a household has been evicted from federally
MaineHousing MUST deny program assistance to an Applicant if :

assisted housing for drug-related criminal activity. MaineHousing must prohibit admission for 3 years
from date of eviction.

However, MaineHousing may admit if it is determined:
     The member has successfully completed a supervised drug rehabilitation program, approved by
         MaineHousing or,
     The circumstances leading to the eviction no longer exist (i.e., offending member died, or is
         imprisoned).
PATTERNS OF DRUG OR ALCOHOL ABUSE. If MaineHousing has determined reasonable cause to
believe that the health, safety, or right to peaceful enjoyment of the premises by other residents may be
threatened by an applicant household member’s:
     Abuse, or pattern of abuse of alcohol, or
     Illegal drug use or pattern of illegal drug use.
METHAMPHETAMINE. MaineHousing must deny assistance to an (entire) applicant family if any
member is convicted of manufacturing or producing Methamphetamine on the premises of federally
assisted housing.
SEX OFFENDER REGISTRATION. Any household member is found to be a subject to a registration
requirement under the Maine Sex Offender Registration Program, or any other state sex offender
registration program. HUD 24 CFR 982.553
     MaineHousing and its Agents must conduct criminal history background checks for sex offender




Revised 9-4-09                                  -1-
         registration requirements in the State where the housing is located, as well as in any other
         States where the household member is known to have resided.
CONSENT FORMS. If any member of the applicant family fails to sign and submit required consent
forms for obtaining information. 24 CFR Part 5, Subparts B and F.
CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS. If a family member does not establish citizenship
or eligible immigration status according to 24 CFR 5.514 .
ENROLLED IN HIGHER EDUCATION INSTITUTION. If any family member fails to meet the eligibility
requirements concerning individuals enrolled at an institution of higher education as specified in HUD
24 CFR 5.612.

THIS IS ALSO CITED UNDER HUD 24 CFR 982.552 (b)(5)



                          DISCRETIONARY Grounds for Denial of Assistance

SEX OFFENDER REGISTRATION. Any Household member is a 10-Year Registrant under the State of
MaineHousing MAY deny program assistance to an Applicant if :

Maine’s Sex Offender Registry, or a similar registry of another jurisdiction.

If any family member has engaged in, or is “currently or is engaged in” in any drug-related criminal
CRIMINAL ACTIVITY.

activity within 3 years of admission to a Program, or

If any family member has engaged in, or is “currently or is engaged in” in any violent criminal activity
within 3 years of admission to a Program, or

Other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the
premises by other residents or persons residing in the immediate vicinity; or the health and safety of
the owner, property management staff, or persons performing a contract administration
function/responsibility on behalf of MaineHousing.

         Evidence of criminal activity. In determining whether to deny assistance based on drug-
         related criminal activity or violent criminal activity, MaineHousing may deny assistance if the
    

         preponderance of evidence indicates that a family member has engaged in such activity,
         regardless of whether the family member has been arrested or convicted.
FRAUD. If any family member commits, or has committed fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program.
MONIES OWED. A family owes monies to MaineHousing, or any other housing authority, unless the
applicant has paid the bill in full, or has entered into a repayment agreement with the housing authority
owed, prior to admission.
FAMILY OBLIGATION VIOLATIONS. MaineHousing may deny assistance to applicants who have
previously been terminated from any of the Programs for Violation of Family Obligations under HUD
regulations or Program documents, unless
     The applicants can demonstrate they have corrected the problem for which they were
         terminated HUD 24 CFR 982.551 and Voucher HUD-52646 form.

Consideration of Circumstances (HUD 24 CFR 982.552)
In determining whether to deny assistance because of actions or failure to act by members of
the family, MaineHousing may consider all relevant circumstances such as the seriousness of
the case, the extent of the participation or responsibility of individual family members,
mitigating circumstances relating to the disability of a family member, and the effects of
denial of assistance on other family members who were not involved in the action or failure.




Revised 9-4-09                                   -2-
MaineHousing may impose, as a condition of continued assistance for other family members, a
requirement that other family members who participated in or were responsible for the action or
failure will not reside in the unit. MaineHousing may permit the other members of the participant
family to continue to receive assistance.
MaineHousing may require an applicant to exclude a household member in order to be admitted or
continue receiving housing assistance, where that household member has participated in or been
responsible for action or failure to act that warrants denial.
Consideration of Rehabilitation. In determining whether to deny admission or assistance for
illegal use of drugs or alcohol abuse by a household member who is no longer engaged in such
behavior, MaineHousing may consider whether such household member is participating in or has
successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been
rehabilitated successfully.

 For this purpose, MaineHousing may require the applicant to submit evidence of current
participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or
evidence of otherwise having been rehabilitated successfully. MaineHousing can also choose not to
consider whether the person has been rehabilitated.
If a family includes a person with disabilities, and consideration is requested by the participant
family, MaineHousing’s decision concerning such action will be subject to consideration of a
reasonable accommodation.
MaineHousing’s admission actions will be consistent with fair housing and equal opportunity
provisions.



              NEW!!! Applicants who were previously MaineHousing/Agent
    tenants/participants who were terminated for serious program violations will not
      be eligible to re-apply for a period of 3 years from the date they were declared
                                          ineligible.

       The Agent and MaineHousing Program Officer will work collaboratively on
       terminations and the MaineHousing Program Officer will be responsible to
       notify Allison Gallagher once a termination has been upheld and Allison will
                            enter this termination into RIFME.

If a family has been terminated from the program previously, the Agents recommended that
the household not be allowed to re-apply for a set period of time, such as 3 years. Methods
of screening these families out during the application process were discussed and the
simplest solution is to add a question to the application asking if the household has received
assistance in the past, where, and why they ended participation. The agent can use these
questions to identify possible ineligible families, contact the prior agent who housed them,
and to screen out anyone terminated within the time period of ineligibility.

When Informal Reviews are NOT required:

Discretionary administrative determinations.
APPLICANTS. No Opportunity for Informal Review shall be given for the following:

General policy issues or class grievances (tenants file a grievance or complaint together).
In the determination of the number of bedrooms.
Determination that the selected unit is not in compliance with HQS, including because of family size
and composition.



Revised 9-4-09                                   -3-
Determination not to approve a unit or tenancy.
Determination not to approve an extension, or suspension of a voucher’s term.



Complaints and Appeals
MaineHousing will respond promptly to complaints from families, owners, employees and
members of the public. All complaints will be documented.

MaineHousing does require that complaints other than HQS violations be put in writing.
HQS complaints may be reported by telelphone.




HUD-903-1 or HUD-903A


Discrimination Claims
If a family claims they are being, or have been discriminated against because of their
protected class status, MaineHousing will provide them with a Fair Housing pamphlet and a
discrimination complaint form HUD-903-1 or HUD-903A. If the family needs help filling
the form out, MaineHousing staff will assist them. MaineHousing will give them the name,
address and phone number of the FHEO office to which such complaints should be
forwarded. At their initial briefing, each family is given a Fair Housing pamphlet and the
above complaint form.


Opportunity to Dispute
When MaineHousing obtains criminal record information from a State or local agency, or
any other credible source showing that a household member(s) have been arrested for or
convicted of a crime relevant to applicant eligibility, or other information from any source
involving issues of program ineligibility or compliance, and such information would
normally lead to denial of assistance, MaineHousing will notify the household of the
proposed action to be based on the information, will provide the subject a copy of such
information, and an opportunity to dispute the accuracy and relevance of the information
will be provided to the family. This opportunity will be provided through an Informal
Review before a denial of eligibility decision is made based on the information.
(See Section 20- Informal Review & Informal Hearings for more details.)




Revised 9-4-09                                 -4-
        Section 19 - TERMINATION OF ASSISTANCE

See HUD 24 CFR 982.552 and HUD 24 CFR 982.553

Program Violation Warnings
As troubled tenant circumstances arise, and a “Program Violation Warning” is merited, the
Agent will keep their supervisor and MaineHousing Program Officer posted on all
information.

These warnings are an attempt to resolve disputes before an informal review or hearing
becomes necessary or inevitable.

The Agent should also keep good progress notes in Elite regarding any troubled tenant
circumstance.

Whenever possible, the email system should be utilized to give written notification to one
another of changes/updates on the situation. The following parties should always be
included on the distribution of these email messages:
     Agent,
     Supervisor,
     MaineHousing Program Officer, and
     MaineHousing Legal Counsel.


PRIOR TO MAILING THE PROGRAM WARNING
Agents are to take the following steps:
   1. The Agent reports the circumstance or situation via email system.
   2. The Agent will draft the Program Warning, using the template form that
      MaineHousing has supplied.
   3. The Agent will forward the draft Program Warning to the email distribution (above)
      for review and comment.
   4. The Agent WILL NOT mail out a Program Warning until they have received
      FINAL APPROVAL from MaineHousing.

To potentially resolve and/or document issues that could lead to termination, the following
“Program Violation Warning” form has been implemented. This form has three-fold
purpose:
   (1) Use as a tool to track events that lead up to issuing a termination notification, to later
       be used
   (2) As a supporting document in an informal hearing.
   (3) But most importantly, to be used (3) to offer the tenant an opportunity to clear the
       matter before a termination notification becomes necessary.

The “Program Violation Warning” Form:
    Recommendation: Send this form by U.S. postal “Certificate of Mailing” (approx. postage = $0.75)




Revised 8-10-10                                -1-
                                               MaineHousing
                                         Program Violation Warning
   Under the Housing Choice Voucher Program (HCVP) a family is required to comply with the lease,
comply with HCVP requirements (e.g., their “family obligations”), pay its share of rent on time, maintain
 the unit in good condition, and notify the Housing Authority (in writing) of any changes in their family
  composition or income within 14 days of that change. After the first year of the lease, the family can
  move continuing its program participation as long as they notify 30-days in advance, in writing, their
  landlord and the Agent administering their voucher, to terminate the existing lease within the lease
     provisions. The family is then free to seek another housing unit within the Housing Authority’s
  jurisdiction or exercise the portability option and move outside of Housing Authority’s jurisdiction.
 ________________________________________________________________________________________________________________

 Date:        ___________
 To:          FAMILY NAME AND UNIT ADDRESS
 From:        AGENT (including contact information such as mailing address, telephone; email
 address)
 Reason for Program Violation Warning: HERE Agent outlines a brief explanation for the
 REASON for this warning, including the HUD 24 CFR reference.

 BELOW the Agent lists the dates of contact either through phone or letter that have been made to
 the tenant by the Agent to correct this issue:

                           Contacted                    Contacted through
        Date               by Phone                     Written Correspondence
        00/00/00
        00/00/00
        00/00/00
        00/00/00

 Unless the prescribed action(s) listed below are taken within the date indicated, you may
 become ineligible for, or terminated from the Program. HERE Agent states the ACTIONS
 required to clear the matter, and by when: DATE.

 Agent schedules a meeting (either by telephone or face-to-face):
 We invite you to attend a scheduled appointment on (DATE, TIME, PLACE) to discuss this matter
 and give you an opportunity to present any supporting written and/or oral information you may
 have to clear this matter.
       ---------------------------------------------------------------------------------------------------------
 Signature Area:
 I, TENANT NAME, understand the reason for this warning and I understand the action that must be
 taken in order to clear this matter by the date required.

 Please check one of the following:
    I agree to meet with you on the scheduled meeting date you have offered.
     I do not wish to meet with you.
    I cannot meet with you on the scheduled meeting date you have offered, and will be contacting
 you before the meeting date for an alternate date.

 __________________________________                     _______________
 Head of Household Signature                                 Date




Revised 8-10-10                                       -2-
If this is the first occurrence of a violation of family obligations, and the violation was
believed to be unintentional, and depending on the severity of the circumstances, the family
may be allowed to remain in the Program by signing a Program Violation Warning, (and
Repayment Agreement where necessary).

If the family violates the same obligation twice termination will proceed. In no case shall a
family be offered more than a total of two Program Violations Warnings during their
participation.

MaineHousing may terminate assistance because of a family’s action, or failure to act.
MaineHousing will provide families with a written description of the family obligations
under the Program, the grounds under which MaineHousing can terminate assistance, and
MaineHousing’s informal hearing procedures.

HUD 24 CFR 982.552. Termination of assistance for a Participant may include but is not
limited to:
     Refusing to enter into a HAP contract or to approve a lease,
     Terminating HAP under an outstanding HAP Contract,
     Refusing to process or provide assistance under portability.

Whenever possible, the email system should be utilized to give written notification to one
another of changes/updates on the situation. The following parties should always be
included on the distribution of these email messages:
     Agent,
     Supervisor,
     MaineHousing Program Officer, and
     MaineHousing Legal Counsel.

When all of these internal parties have reached the conclusion that the circumstance
warrants termination:

PRIOR TO MAILING THE TERMINATION LETTER
When all internal parties (above) have reached the conclusion that the circumstance warrants
termination, the Agent is to take the following steps:
    5. The Agent drafts the termination letter, using the template MaineHousing has
       provided.
    6. The Agent forwards the drafted termination letter to the email distribution (above)
       for review and comment.
    7. The Agent WILL NOT mail out a termination letter until they have received
       FINAL APPROVAL from MaineHousing.

In general, MaineHousing/Agent must notify the household of the proposed action,
providing the family member to whom the information is about a copy of such information,
and the family will be given an opportunity to dispute the accuracy and relevance of the
information before a final decision based on the information to terminate assistance is made.




Revised 8-10-10                              -3-
                           MANDATORY Grounds for Termination
MaineHousing MUST terminate program assistance to a Participant under the following
circumstances :
SOCIAL SECURITY NUMBERS. If SSN disclosure requirements are not met.
METHAMPHETAMINE. MaineHousing must immediately terminate assistance to a (entire) participant
family if any member is convicted for manufacturing or producing Methamphetamine on the premises
of federally assisted housing.
CONSENT FORMS. MaineHousing and its Agents must terminate assistance to a participating family if
any member fails to sign and submit required consent forms for obtaining information. 24 CFR Part 5,
Subparts B and F.
CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS. If a participating family member does not
establish citizenship or eligible immigration status.
      Under “Restriction on Assistance to Non-Citizens Regulations”, if a family does not indicate
          (knowingly) to MaineHousing and its Agents there is an ineligible household member living in
          their unit, MaineHousing and its Agents must terminate the entire family and they cannot come
          back on the Program for at least 24 months.
      This does not apply when the ineligible individual was known and was considered in the
          calculation of any prorated family assistance.
ENROLLED IN HIGHER EDUCATION INSTITUTION. If any family member fails to meet the eligibility
requirements concerning individuals enrolled at an institution of higher education as specified in HUD
24 CFR 5.612. (See P. 2-28)
      Annually, MaineHousing and its Agents will review to see if those students previously eligible
          for Program remain eligible under the income limits or whether their circumstances have
          changed within the past year.
      When a household contains both program eligible and program ineligible members, the
          program eligible members will NOT BE terminated.
                  MaineHousing and its Agents must issue a voucher for the program eligible members
                      to move with continued assistance, or
                  The program eligible members may remain in the unit (“leased in place”) provided
                      the ineligible members have moved out .
SERIOUS VIOLATIONS OF THE LEASE. . HUD 24 CFR 982.552 The PHA must terminate program
assistance for a family evicted from housing assisted under the program for serious violation of the
lease.
HUD 24 CFR 982.310 defines “serious violation” under (a)(1) Serious violation (including but not
limited to failure to pay rent or other amounts due under the lease) or repeated violation of the terms
and conditions of the lease. (2) Violation of federal, State, or local law that imposes obligations on the
tenant in connection with the occupancy or use of the premises; or (3) other good cause.
See Appendix A for further definition of “good cause”.
See also June 22, 2009 PIH Notice 2009-18 regarding State and local law applicability to lease
terminations in the HCV Program.


                         DISCRETIONARY Grounds for Termination
MaineHousing MAY terminate program assistance to a Participant under the following
circumstances :
SEX OFFENDER REGISTRATION. Any household member is found to be a subject to a registration
requirement under the Maine Sex Offender Registration Program, or any other state sex offender
registration program. HUD 24 CFR 982.553
DRUG AND CRIMINAL ACTIVITY. If any family member has engaged in, or is “currently engaged in”:
     Any drug-related criminal activity, or
     Any violent criminal activity, or




Revised 8-10-10                                  -4-
       Any other criminal activity that threatens or engages in abusive or violent behavior toward
        any person including but not limited to actual or implied threats or harm, abusive language, or
        stalking or harassment.

Evidence of criminal activity. In determining whether to terminate assistance based on drug-related
criminal activity or violent criminal activity, MaineHousing and its Agents may terminate assistance if
the preponderance of evidence indicates that a family member has engaged in such activity, regardless
of whether the family member has been arrested or convicted.
AVOIDING PROSECUTION. If any household member is fleeing to avoid prosecution or confinement
after conviction of a felony under the laws of the place from which the person is fleeing.
VIOLATING CONDITION OF PROBATION. If any household member is violating a condition of
probation or parole imposed under Federal or State law.
FRAUD. If any family member commits, or has committed fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program.
MONIES OWED. If a family currently owes monies to MaineHousing, or any other housing authority in
connection with HCV program or public housing assistance, including
     Not having reimbursed a PHA for amounts owed, or
     Breaching a repayment agreement with a PHA.
EVICTED FROM FEDERALLY ASSISTED HOUSING. If the family has ever been evicted from any
federally assisted housing within the last 5 years.
FAMILY OBLIGATION VIOLATIONS. If the family violates (non-compliance) any family obligations
under the program.



Consideration of Circumstances (HUD 24 CFR 982.552)
In determining whether to terminate assistance because of actions or failure to act by
members of the family, MaineHousing and its Agents may consider all relevant
circumstances such as the seriousness of the case, the extent of the participation or
responsibility of individual family members, mitigating circumstances relating to the
disability of a family member, and the effects of termination of assistance on other family
members who were not involved in the action or failure.

MaineHousing and its Agents may impose, as a condition of continued assistance for other
family members, a requirement that other family members who participated in or were
responsible for the action or failure will not reside in the unit. MaineHousing and its Agents
may permit the other members of the participant family to continue to receive assistance.

MaineHousing and its Agents may require a participant to exclude a household member in
order to be admitted or continue receiving housing assistance, where that household
member has participated in or been responsible for action or failure to act that warrants
denial.

Consideration of Rehabilitation
In determining whether to deny admission or assistance for illegal use of drugs or alcohol
abuse by a household member who is no longer engaged in such behavior, MaineHousing
and its Agents may consider whether such household member is participating in or has
successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise
been rehabilitated successfully.




Revised 8-10-10                                 -5-
For this purpose, MaineHousing and its Agents may require the participant to submit
evidence of current participation in, or successful completion of, a supervised drug or
alcohol rehabilitation program or evidence of otherwise having been rehabilitated
successfully. MaineHousing can also choose not to consider whether the person has been
rehabilitated.

If a family includes a person with disabilities and consideration is requested by the
participant family, MaineHousing’s decision concerning such action will be subject to
consideration of a reasonable accommodation.

MaineHousing’s actions will be consistent with fair housing and equal opportunity
provisions.


Automatic Terminations

       Zero HAP Families for Six Months
       If an annual or interim reexamination results in a Zero HAP, the family may
       continue on the program for 6 months (180 days) from the date of the
       reexamination effective date. During this period the HAP contract remains in effect.
       If the family’s circumstances change during the 6-month period and the family again
       needs assistance, MaineHousing conducts an interim reexamination and reinstates
       assistance. At the end of the 6 months, if the subsidy has not been restored, the
       HAP contract will automatically terminate. The exception to this would be for the
       Homeownership Voucher participant who is eligible for a hardship exemption. See
       HUD 24 CFR 982.455


       Absence from Unit >180 Consecutive Calendar Days
       A family may not be absent from the unit for a period for more than 180 consecutive
       calendar days in any circumstance, for any reason per HUD regulations. Absent
       means NO family member is residing in the unit. The family is no longer eligible for
       a reasonable accommodation after 180 consecutive days. If the family is absent for
       this length of time, the HAP contract will automatically terminate. See HUD 24
       CFR 982.312


       Terminating HAP Contract When Unit is Too Small
       If a unit does not meet HQS space requirements because of an increase or change in
       family size, MaineHousing MUST issue the family a new voucher, and the family and
       MaineHousing must try to find an acceptable unit as soon as possible. If an
       acceptable unit is located to rent by the family, MaineHousing must notify the tenant
       and landlord and terminate the HAP contract at the end of the calendar month that
       follows the calendar month in which MaineHousing gave the owner notice. The
       family may move to a new unit. See HUD 24 CFR 982.403.




Revised 8-10-10                             -6-
Actions Not Requiring Informal Hearings:
No opportunity for Informal Hearing is to participants shall be given for the following:
    Discretionary administrative determinations.
    General policy issues or class grievances (tenants file a grievance or complaint
      together).
    Establishment of MaineHousing’s utility allowance schedule.
    Determination that the selected unit is not in compliance with HQS, including
      failures based on inadequacy of unit size due to family size and composition.
      NOTE: MaineHousing must provide the opportunity for an informal hearing for a
               decision to terminate assistance for a family-caused breach of HQS.
    Determination not to approve a unit or tenancy.
    Determination not to approve an extension, or suspension of a voucher’s term.
    Determination to exercise or not to exercise any remedy against the owner under a
      HAP contract.


Complaints and Appeals
MaineHousing and its Agents will respond promptly to complaints from families, owners,
employees and members of the public. All complaints will be documented.

MaineHousing and its Agents require that complaints other than HQS violations be put in
writing. HQS complaints may be reported by telephone.


Discrimination Claims
If a family claims they are being, or have been discriminated against because of their
protected class status, MaineHousing and its Agents will provide them with a Fair Housing
pamphlet and a discrimination complaint for HUD-903 or HUD-903A. If the family needs
help filling the form out MaineHousing and its Agents will assist them. MaineHousing and
its Agents will give them the name, address and phone number of the FHEO office to which
such complaints should be forwarded. At their initial briefing, each family is given a Fair
Housing pamphlet and the above complaint form.


Opportunity to Dispute
When MaineHousing and its Agents obtain criminal record information from a State or local
agency, or any other credible source showing that any household member has been arrested
for or convicted of a crime relevant to participant compliance, or other information from
any source involving issues of program ineligibility or compliance, and such information
would normally lead to termination of assistance, MaineHousing and its Agents will notify
the household of the proposed action to be based on the information, will provide the
subject a copy of such information, and an opportunity to dispute the accuracy and
relevance of the information will be provided to the family. This opportunity will be
provided through an Informal Hearing before a termination is processed. (See Section 20 -
Informal Review & Informal Hearings for more details.).




Revised 8-10-10                            -7-
Termination
   1. When a termination is deemed necessary, the Agent must give proper 30-day written
      notice of termination to the participant. In addition the Agent will simultaneously
      send a separate notice to the landlord (See template letter at end of this section), to
      assure both parties are aware of the HAP end date with proper 30-day notice. The
      notice to landlord will not discuss the reason for the pending termination due to
      tenant confidentiality. The notice to the participant informs them of their right to an
      Informal Hearing.

   2. Once the Agent’s drafted termination letter and upon MaineHousing’s endorsement
      of this termination letter, the Agent will mail the termination letters by both regular
      and certified mail.

   3. A separate notification letter to the landlord will be sent, with a VAWA notice
      attached.

   4. The MaineHousing Program Officer is to be copied on both the participant and
      owner letters under the Agent’s letterhead and signature.




Revised 8-10-10                             -8-
Below are the template termination notice letters to be used by the Agent:

TENANT TERMINATION NOTICE
SENT BOTH CERTIFIED AND REGULAR MAIL
                                                              DATE

Tenant Name
Tenant Address

RE:     Notice of Termination of Housing Rental Assistance

Dear Tenant Name:

This letter is to notify you that your housing rental assistance under the Housing Choice Voucher Program is
scheduled to be terminated on DATE, at which time you will become responsible for the full contract rent
under prior notification to your landlord.

Listed below are the reasons for this termination notice:
 Reason for Termination:                            Violation Reference:
 GIVE BRIEF REASON FOR TERMINATION IN               GIVE REGULATION(S) OR HUD REFERENCE(S)
 THIS COLUMN                                        SURROUNDING TERMINATION IN THIS COLUMN.

                                                      SEE YOUR PROGRAM OFFICER FOR HELP FILLING
                                                      IN THIS COLUMN.

If you wish to dispute this notice, you can request an informal hearing within 10 business days of receipt
and the agent shall presume that the notice was received within 3 calendar days of mailing. Therefore, if
you fail to request a review by DATE, you will have forfeited your right to an informal hearing.

If you are a victim of domestic violence, you cannot be [terminated; denied; or evicted] because of
what the abuser did. Domestic violence can be violence against you or a family member, dating
violence and stalking.

This does not mean that the housing agency or landlord cannot enforce other housing program rules
or other terms of the lease.

If your participation in the Housing Choice Voucher Program is being terminated for circumstances
resulting from domestic violence, dating violence or stalking, please complete the attached Form
HUD-50066 in full and return it within 10 business days of the date of this letter. The information
you provide on this form is considered in the decision to continue or terminate your assistance, and
is kept in strictest confidence.

Informal Hearings must be pre-approved by MaineHousing. Your request for an informal hearing must be
made in writing and addressed to:

MAINEHOUSING PROGRAM OFFICER
MaineHousing
353 Water Street
Augusta, ME 04330-4633

Please do not hesitate to contact the office at 207/_________ or 1-800-___________ if you have any questions.

Sincerely,




Revised 8-10-10                                   -9-
AGENT



LANDLORD TERMINATION NOTICE
SENT BOTH CERTIFIED AND REGULAR MAIL

Date

Landlord Name
and Address

Dear Landlord:

This letter serves as notification to you that your tenant TNT NAME, who currently receives housing
assistance through the Housing Choice Voucher Program, is scheduled for termination effective DATE. TNT
NAME will be allowed the opportunity for a hearing to appeal this decision.

The Housing Assistance payment you receive for the period of _________to_____________ will be the final
scheduled payment under this HAP contract. Should ____________ remain in the unit after the scheduled
termination date, he/she will become fully responsible for the entire rent to you.

As a landlord, if an applicant or resident claims to be a victim of domestic violence you need to know
your primary obligations under the Violence Against Women Act (VAWA), to ensure you do not
inadvertently deny housing to someone who might appear unsuitable, but in fact, is a victim. Please
see the attached notice regarding your obligations under VAWA.

Please do not hesitate to contact the office at 207/_________ or 1-800-___________ if you have any questions.

Sincerely,

AGENT

cc: TENANT

Below is a copy of MaineHousing’s Landlord Notice regarding VAWA. This notice
will be attached with the landlord’s notice of termination letter:
                                           LANDLORD NOTICE
                                2005 Violence Against Women Act (VAWA)

Violence Against Women Act of 2005 (VAWA) impacts admission and evictions of victims of domestic
                            violence in federally funded properties.

In January 2006 VAWA was amended to make it illegal for properties receiving federal funding to evict a
resident or refuse to admit an applicant because that person was a victim of actual or threatened domestic
violence, including dating violence or stalking. As a landlord, if an applicant or resident claims to be a victim
of domestic violence you need to know your primary obligations under VAWA to ensure you do not
inadvertently deny housing to someone who might appear unsuitable, but is, in fact, a victim.
                                   ****************************************
 Housing authorities and Section 8 landlords are required to do a number of things pursuant to VAWA and
 subsequent HUD regulations. VAWA requires that Housing authorities and Section 8 landlords:




Revised 8-10-10                                   - 10 -
       Must not deny persons housing due to their status as a victim of domestic violence.

       Must not evict persons for criminal activity directly related to the domestic violence.

       If the abuser has violated the lease, the lease should be bifurcated (separated) so the abuser can be
        evicted without disrupting the housing of the victim.

       Landlords are permitted to evict a victim of domestic violence for reasons not related to the
        domestic violence or if the domestic violence represents an actual or immediate threat to other
        tenants or those employed at or providing service at the property.

       Must respect the right to confidentiality with respect to the status of an individual in that their
        identifying information may not be entered into a shared database and must be kept confidential.

       Landlords can “bifurcate” or separate their leases. This means that even if a lease is in both names,
        or solely in the batterer's name, a landlord may put the lease in the victim's name and evict the
        batterer without disrupting the housing of the victim.

Housing Authorities/landlords may (but are not required to):

       Require certification or written verification from an applicant or resident who claims to be a victim
        of domestic violence. Certification can be entered on HUD Form -50066, a police or court record or
        from an attorney or medical professional from whom the victim sought assistance. If from an
        attorney/medical professional, that professional must swear under penalty of perjury that the
        professional believes the incident(s) are bona fide incidents of abuse.

       Allow victims to move to another jurisdiction with their Section 8 voucher, even if such a move
        would normally be a violation of the program, if the person has complied with other obligations of
        the program, and if the move is necessary to protect the health, well-being or safety of victim.

       Establish a priority for victims in applications. If a priority is established, Housing Authorities may
        use stricter documentation requirements to establish proof that an applicant is a victim.

       Provide emergency transfers to victims of domestic violence.




Revised 8-10-10                                 - 11 -
        Section 20 - Informal Reviews & Informal Hearings

See HUD 24 CFR 982.554 (Informal Reviews)
See HUD 24 CFR 982.555 (Informal Hearings)


Distinctions between Informal Reviews & Informal Hearings:


        Informal Reviews are performed “in-house” according to the following procedures.
                          Applicants are granted Informal Reviews.




  Informal Hearings for Program Termination are performed by an outside contracted Hearing
            Participants are granted Informal Hearings for Program Termination.

                          Officer according to the following procedures.


    Informal Hearings for Non-Termination are performed “in-house” according to the following
               Participants are granted Informal Hearings for Non-Termination.

                                          procedures.




Informal Reviews for Program Applicants
Informal reviews may be requested by Applicants when MaineHousing or its Agents deny
them for ineligibility, or deny a reasonable accommodation request. MaineHousing or its
Agent will document the file to support the reasons for its position.


Notice of Denial
MaineHousing must give prompt written notice of a decision to deny assistance. This notice
must contain:
    A brief statement of the reason for MaineHousing’s decision.
    Information advising the applicant of their right to an informal review.
    A description of the steps to request an informal review.


Family Request for Informal Review
The family can request an informal review within 10 business days from the date of the
receipt of the notice of denial letter. MaineHousing/Agent shall presume that the notice was
received within 3 calendar days of mailing.

The family’s request for an informal review must be in writing.

If a written request is not received within the above timeframe, MaineHousing/Agent may
deny the request for an informal review.




Revised: 4-19-11                              -1-
    1)       Count 3 calendar days (including holiday and weekend days) from the mailing date you sent the letter
How to count days to expect response from tenant:

             to attain the assumed timeframe for mail delivery.
    2)       Next count 10 additional business days (skipping holiday and weekend days).


You date and send letter out on August 10, 2009.
Example:

You can expect mail delivery within 3 calendar days from sending, or by August 13, 2009.
From August 13, counting forward 10 business days will give the tenant August 27, 2009 as the date to respond
to you by:

    Sunday             Monday         Tuesday        Wednesday       Thursday          Friday        Saturday
 AUGUST 2009

                                                                                                         1
         2               3               4               5               6              7                8
         9               10              11              12             13              14              15
                      Date Sent                                      Assumed

                                     Calendar Day   Calendar Day    Calendar Day    Business Day
                                                                     Delivered

                                          1              2               3               1
      16                  17             18              19              20             21              22

                     Business Day    Business Day    Business Day   Business Day    Business Day
                          2               3               4              5               6
      23                  24             25              26             27              28              29
                                                                      Date to

                     Business Day    Business Day    Business Day   Business Day
                                                                    Respond By
                          7               8               9              10
      30                  31



The Informal Review Process
NOTE: Timeframes are subject to change as part of a reasonable accommodation.

Applicants are given an opportunity to present written and/or oral objections to
MaineHousing/Agent’s decision to deny admission into the HCV Program or denial of a
wait list preference.

Applicants can request an informal review within 10 business days from the date of the
receipt of their denial notice from the Agent, with the presumption that this notice was
received by the Applicant within 3 calendar days of mailing. The actual “respond by date”
must be incorporated into this notification.

At the Agent level, the informal review must be conducted by an HCV staff person besides
the staff person who originally denied the applicant. In addition, the person conducting the
informal review cannot be a subordinate of the original decision-maker.

Having heard the evidence presented by the Applicant, if the Agent conducting the informal
review believes the original denial should be reconsidered for reversal they must:
    1. Contact MaineHousing PO (via email) request MaineHousing’s review for possible
       overturn of a denial decision for an applicant.
       The Agent will attach to this email:



Revised: 4-19-11                                        -2-
            a. All supporting documentation the applicant provided for the informal
               review.
            b. A written summary (by the Agent) of their assessment of the situation
               resulting from the informal review.

Having reviewed the applicant’s supporting documentation along with doing any follow-up
necessary, the MaineHousing PO will email the Agent their decision to overturn or uphold
the original decision to deny, listing the reasons for their decision.

After receiving email confirmation of MaineHousing’s decision via email to uphold or
overturn the original denial, the Agent will send final written decision resulting from the
informal review to the participant within 7 business days of the decision. No final action
will be taken until the results are mailed to the Applicant.

For all denials, the Agent retains all pertinent documents until the review results have been
dispersed, at which time the Agents must retain for the file:
         A copy of the original rejection letter,
         A copy of the review decision letter,
         Any information that may have been presented at the review that influenced the
            decision,
    The Agent must destroy the InforME report once the review process is completed.


Informal Hearings for Program Participants
NOTE: Timeframes are subject to change as part of a reasonable accommodation.

Participant Request for Informal Hearing
The participant can request an informal hearing within 10 business days from the date of the
receipt of the notice of termination letter. MaineHousing shall presume that the notice was
received within 3 calendar days of mailing. (The actual “respond by date” should be
incorporated into the notification).

The family’s request for an informal hearing must be in writing.

If a written request from the participant is not received within 3 calendar days + 10 business
days, MaineHousing can deny the request for an informal hearing.

The HAP payment continues to be issued to the landlord through the informal hearing
process on behalf of the participant, as long as the participant remains in the subsidized unit.
This HAP payment will continue until such time the outcome decision has been made and
termination is upheld.


Informal Hearings for Non-Termination




Revised: 4-19-11                             -3-
Informal hearings are not necessarily conducted just because a program participant has
been sent a termination notice.

A program participant can also request an informal hearing to discuss or ask for an
explanation surrounding the components/calculations used by MaineHousing/Agent that
influenced their tenant portion of the rent and/or our portion, the Housing Assistance
Payment (HAP). These components/calculations could include, but are not limited to:
     √ An increase in their income,
     √ An increase in rent,
     √ The utility allowance for tenant-paid utilities based on MaineHousing’s Utility
        Allowance Schedule.
     √ The determination of the unit size based on MaineHousing’s Subsidy Standards.

HUD regulations require that MaineHousing/Agents must notify participants that:
   The participant may request an explanation of the basis of the determination and
   If the participant disagrees with the Agent’s initial determination they can request
      an informal hearing.
Informal hearings for non-termination reasons will be conducted by the Agent, (similar to the
                                           A staff member besides the staff member who
Applicant Informal Review process steps above).
originally calculated or determined the amount being questioned or disputed, will conduct
the informal hearing.
Prior to the informal hearing, the Participant shall be given the opportunity to pre-examine,
and copy at its own expense, any documents relevant to the hearing. Likewise, the
MaineHousing/Agent shall be given the opportunity to pre-examine and copy any
Participant documents relevant to the hearing.
The Participant shall be also be given an opportunity to have an interpreter attend the
informal hearing at MaineHousing’s expense. MaineHousing will require the interpreter to
fill out its certification form to declare their training and experience. (See form at end of this
section). The Participant may also have the hearing recorded by audiotape.
At the informal hearing, both the Participant and MaineHousing/Agent shall be given the
opportunity to discuss how the HAP and tenant portions were derived.
Upon completion of the informal hearing, the person conducting the informal hearing shall
issue a written decision, briefly stating the reasons for the decision, and provide a copy of
the decision to the Participant within 7 business days of the hearing.


Informal Hearings for Termination

Notice of Termination
   MaineHousing/Agent must give proper written 30-day notice of a decision to terminate
   assistance sent to the participant, with a separate notice sent to the landlord. The notice
   to the participant must contain:
    The effective date the assistance will terminate,
    The reason(s) for MaineHousing’s decision to terminate.



Revised: 4-19-11                                  -4-
    Information advising the participant of their right to an informal hearing.
    A description of the informal hearing process.
    A caution statement that upon termination the participant will become fully
     responsible for rent should they remain in the unit.
    And in cases of unpaid debt, the total amount owed must be given along with
     notification to the participant the debt will be posted to RIFMe and repayment will
     be required in order to receive any future housing assistance.

All participant termination notices/letters drafted by Agents must first be forwarded to
their supervisors for review, and then forwarded to the MaineHousing Program Officer
for review and approval BEFORE mailing to the participant. Termination notices/letters
must be sent both certified and regular mail to the participant.

Internal Steps Taken

When an informal hearing is requested by a participant, the Agent forwards this request to
MaineHousing Program Officer for review.

The MaineHousing Program Officer subsequently notifies the MaineHousing Legal
Department of this hearing request.

Legal will review the request and submit its recommendations, copying HCV Program
supervisor.

If Legal does not recommend pursing termination:
     The MaineHousing Program Officer will inform the Agent of the decision not to
        pursue.
     The Agent, in turn, will notify the participant that termination will not be pursued.

If Legal does recommend pursuing termination:
     The MaineHousing Program Officer will work with the Agent to gather copies
        supporting MaineHousing exhibits to include pertinent tenant/landlord information,
        forwarding copies of all relevant documentation to Legal.

The Legal Department will:
    Subpoena outside witnesses
    Coordinate the scheduling of the informal hearing with the outside contracted
      Hearing Officer, the participant and all other subpoenaed parties.
    Provide all parties with copies of MaineHousing exhibit documentation.

The MaineHousing Legal Department requires the participant, at their own expense, to
provide copies of all relevant documents to be utilized as participant exhibits to support
their case to provide theMaineHousing Legal Department the opportunity to pre-examine
these participant exhibits at its offices 10 business days in advance of the hearing. Any
documentation not previously made available by either party will not be relied upon
at the hearing.



Revised: 4-19-11                            -5-
Common exhibits associated with hearings (not including any other exhibits pertinent to

    √ Program Warning Letter and backup tracking
specific situation):

    √ Agent’s notice of termination
    √ Tenant’s written request for a hearing
    √ Tenant’s Personal Declaration (multiple years)
    √ Newspaper articles related to incident
    √ Documented U. S. Post office verification of delivery
    √ Signed tenant Authorization of Release Forms
    √ Tenant Voucher
    √ Lease
    √ Court documents
    √ Criminal Background Check



Participant Cancellation of an Informal Hearing Request

In the case a participant decides to cancel their request for an informal hearing, the
participant must put this cancellation decision in writing, addressed to the MaineHousing
Legal Department. In turn, the Legal Department will immediately notify the outside
contracted Hearing Officer of this cancellation.


Results of Hearing Process

The contracted Hearing Officer must provide a written issuance of decision to both the
participant and MaineHousing, based solely on the facts presented at the hearing within 14-
days following the date of the informal hearing. The decision will state the basis for the
determination and must be in an accessible form.




Revised: 4-19-11                            -6-
TERMINATION NOTICE TO TENANT
                                                      SENT BOTH CERTIFIED AND REGULAR MAIL

                                                                     DATE
Tenant Name
Tenant Address

RE:      Notice of Termination of Housing Rental Assistance

Dear Tenant Name:

This letter is to notify you that your housing rental assistance under the Housing Choice Voucher Program is
scheduled to be terminated effective DATE, at which time you will become responsible for the full contract rent
under prior notification to your landlord.

Listed below are the reasons for this termination notice:
 Reason for Termination:                                  Violation Reference:
 GIVE BRIEF REASON FOR TERMINATION IN THIS                GIVE REGULATION(S) OR HUD REFERENCE(S)
 COLUMN                                                   SURROUNDING TERMINATION IN THIS COLUMN.

                                                            SEE YOUR PROGRAM OFFICER FOR HELP FILLING IN
                                                            THIS COLUMN.


If you wish to dispute this notice, you can request an informal hearing within 10 business days of receipt and the
agent shall presume that the notice was received within 3 calendar days of mailing. Therefore, if you fail to request a
review by DATE, you will have forfeited your right to an informal hearing.

If you are a victim of domestic violence, you cannot be [terminated; denied; or evicted] because of what the
abuser did. Domestic violence can be violence against you or a family member, dating violence and stalking.

This does not mean that the housing agency or landlord cannot enforce other housing program rules or other
terms of the lease.

If your participation in the Housing Choice Voucher Program is being terminated for circumstances resulting
from domestic violence, dating violence or stalking, please complete the attached Form HUD-50066 in full
and return it within 10 business days of the date of this letter. The information you provide on this form is
considered in the decision to continue or terminate your assistance, and is kept in strictest confidence.

Informal Hearings are conducted by a contractor for Maine State Housing Authority. Informal hearings must be pre-
approved by MaineHousing. Your request for an informal hearing must be made in writing and addressed to:

                                      ATTN: MAINEHOUSING PROGRAM OFFICER
                                      MaineHousing
                                      353 Water Street
                                      Augusta, ME 04330-4633

Please do not hesitate to contact the office at 207/_________ or 1-800-___________ if you have any questions.

                                                           Sincerely,


                                                           AGENT




Revised: 4-19-11                                        -7-
TERMINATION NOTICE TO LANDLORD
                                               SENT BOTH CERTIFIED AND REGULAR MAIL

                                                 Date

Landlord Name
Address

Dear Landlord:

This letter serves as notification to you that your tenant TENANT NAME, who currently receives housing
assistance through the Housing Choice Voucher Program, is scheduled for termination effective DATE. TENANT
NAME will be allowed the opportunity for a hearing to appeal this decision.

The Housing Assistance payment you receive for the period of _________to___________ will be the final scheduled
payment under this HAP contract. Should TENANT NAME remain in the unit after the scheduled termination
date, he/she will become fully responsible for the entire rent to you.

As a landlord, if an applicant or resident claims to be a victim of domestic violence you need to know
your primary obligations under the Violence Against Women Act (VAWA), to ensure you do not
inadvertently deny housing to someone who might appear unsuitable, but in fact, is a victim. Please see
the attached notice regarding your obligations under VAWA.

Please do not hesitate to contact the office at 207/_________ or 1-800-___________ if you have any questions.

                                                                     Sincerely,


                                                                     AGENT

cc: TENANT




Revised: 4-19-11                                        -8-
HEARING COVER LETTER
                                                                    DATE
                                                                    SENT REGULAR AND CERTIFIED MAIL

Tenant Name
& Address

RE:      Request for Informal Hearing for Termination

Dear Tenant:

MaineHousing has received your request for an informal hearing and has forwarded this request to an outside
contractor for scheduling.

Before an informal hearing, a program participant is given the opportunity to examine documents that
MaineHousing will be submitting as case exhibits.

Likewise, the MaineHousing Legal Department requires the participant, at their own expense, to provide copies
of all relevant documents to be utilized as participant exhibits to support their case to provide theMaineHousing
Legal Department the opportunity to pre-examine these participant exhibits at its offices 10 business days in
advance of the hearing. Any documentation not previously made available by either party will not be
relied upon at the hearing.


                                 Mr. John Bobrowiecki, Legal Department
Therefore, you must forward your documents by DATE to the attention of:

                                 MaineHousing
                                 353 Water Street, Augusta, ME 04330-4633

At your own expense, you are entitled to be represented by an attorney or another designee and to have such
person make statements on your behalf. You are entitled to an interpreter to attend the hearing, at
MaineHousing’s expense. MaineHousing requires the interpreter to fill out and return the attached certification
form to declare their training, and experience. And you are entitled to have the hearing recorded by audiotape.

At the hearing, MaineHousing and the participant will be given the opportunity to present evidence, and each
may question any witnesses. Evidence may be considered without regard to admissibility under the rules of
evidence applicable to judicial proceedings.

The contracted Hearing Officer must provide a written issuance of decision to both you and MaineHousing,
based solely on the facts presented at the hearing within 14-days after the date of the informal hearing. The
decision will state the basis for the determination and must be in an accessible form to accommodate your
needs.

Please do not hesitate to contact the office at 207/_________ if you have any questions.

                                                                    Sincerely,


                                                                    PROGRAM OFFICER




Revised: 4-19-11                                        -9-
                                        INTERPRETER CERTIFICATION

   NOTE: This form is for in-person interpreter services, not telephone interpreters.
   Name of Interpreter:    __________________________________________________________
   Address of Interpreter (and service agency):            ________________________________________
   Telephone Number:                       _______________________________________________________
   Language(s) Interpreted:                _______________________________________________________

   I certify that I can fluently:  Speak  Understand  Write the language(s) I have indicated
   above.

   I agree to abide by the following professional standards of conduct:

   1. Confidentiality. The interpreter shall not divulge any information learned in the performance of
   their professional duties. Confidentiality is to be maintained in all situations, except in the limited
   instances when disclosure is mandated by law.

   2. Accuracy and Completeness. The interpreter shall render a complete and accurate interpretation,
   without altering, omitting, or summarizing what is stated.

   3. Impartiality and Avoidance of Conflict of Interest. The interpreter shall not counsel, advise or
   interject personal opinions. The interpreter will refrain from conduct that may give rise to a conflict of
   interest.

   4. Assessing and Reporting Impediments to Performance. The interpreter shall assess at all times
   their ability to deliver their service. When the interpreter has any reservation about their ability to
   satisfy the assignment, they shall notify the appropriate MaineHousing staff.

   5. Ethical Business Practices. The interpreter shall charge fair and reasonable fees for the service
   performed. The interpreter shall accurately represent their certifications, training, and experience.

   6. Professional Demeanor. The interpreter shall function in a manner appropriate for the situation.

   7. Professional Development. The interpreter shall strive to gain further knowledge and skills
   through participation in workshops, professional meetings, interaction with professional colleagues,
   and reading of current literature in the field.

   Signature of Interpreter:         ______________________________
   Printed Name:                     ______________________________
   Date:                             ______________________________




Revised: 4-19-11                                       - 10 -
                    AUTHORIZATION TO RELEASE INFORMATION TO INTERPRETER

   Head of Household: _______________________________________________
   Address:     ________________________________________________________
                ________________________________________________________
                ________________________________________________________

   I am an applicant/participant for a housing assistance program administered by AGENT. I hereby give my
   permission to release information to and share information with (INTERPRETER’S NAME) for the sole
   purpose of communicating information about my application and all other information to determine my
   eligibility for the program. I understand this information may include sensitive personal information. I
   understand and acknowledge that the interpreter has certified that he/she is qualified to provide
   interpreter services and will keep the information in strict confidence.

   I understand that a photocopy of this release is as valid as the original, and this release will remain valid for
   15 months from date of signature.

   AUTHORIZATION FOR RELEASE OF INFORMATION:

   _____________________________________________________                   ________________
   Signature of Head of Household                                               Date

   _____________________________________________________                   ________________
   Signature of Other Adult Household Member                                    Date

   _____________________________________________________                   ________________
   Signature of Other Adult Household Member                                    Date




Revised: 4-19-11                                           - 11 -
        Section 21 – Family or Owner Debt

Introduction
It is MaineHousing’s goal to meet the informational needs of owners and families, and to
communicate the program rules in such a manner to avoid owner and family debts.
Families/owners may be terminated from MaineHousing’s Programs if they are in default of
a repayment of a debt.

Before a debt is assessed against a family or owner, the file must contain documentation to
support the claim that the debt is owed. When families or owners owe money,
MaineHousing will make every effort to collect it, following the procedures laid out in HUD
24 CFR 982.552.

MaineHousing will honor the terms set in any past agreements. Repayment agreements will
continue to be offered and terms of the agreements will be strictly enforced. For
participants and applicants with existing repayment agreements, where the new payment
terms set in this policy may benefit a family to clear its debt by restructuring their repayment
schedule, MaineHousing will, on a case-by-case basis, review to possibly enter into a new
repayment schedule.

MaineHousing will track monies owed for HAP overpayments, fraud recovery, or
damage/unpaid rent. The following data will be collected:
    Family/Owner Name
    Social Security Number/TIN number
    Last known address
    Terms of Repayment Agreement
    Whether Family/Owner executed agreement by signature
    Amount owed
    Program allocation
    Comments & Dates of correspondence

MaineHousing Agents will send by both certified and regular mail, the notification of debt
requesting it be cleared by a specified date, and that party contact MaineHousing to enter
into a repayment agreement. MaineHousing in turn, will mail the repayment agreement by
both certified and regular mail, and track all payments.

If a participant is receiving a utility reimbursement payment, MaineHousing will withhold
this reimbursement as a mechanism to clear monies owed. When a debt is added to Elite
to track, Elite automatically will go against the URP to draw against the debt.
MaineHousing will notify tenant of this withholding and the tenant will be given 30 days
from the date of the notice in which to object and/or request a hearing.




Revised 9-9-09                              -1-
To view a debt in Elite:




Click on the icon circled (above) to view the family debt details as shown on the next screen
below:




Revised 9-9-09                             -2-
The total debt owed currently is $50 + $144 = $194 balance and that the last payment of
$50.00 was received on 8/28/09. Additionally, when there are two lines at the top right-
hand corner of the screen, this indicates a repayment agreement has been executed.


If an owner has more than one tenant, MaineHousing may retain the HAP payment of
another tenant to offset a debt owed.

Owners owing in excess of $150.00, who refuse to clear a debt, will be sent notification by
both regular and certified mail that monies owed will be sent to the Maine Revenue Service
for collection. In turn, the Maine Revenue Service will formally advise the owner that
monies owed will be collected against their tax refund.


Repayment Policies
MaineHousing will require either:
    Payment in full within 30-days of notice, or
    Compliance with payment terms prescribed in a repayment agreement to achieve full
      reimbursement for:




Revised 9-9-09                            -3-
             Damage/unpaid rent claims paid on behalf of a tenant participating under
              the Programs.
             Overpayments in housing assistance subsidies, including tenant utility
              reimbursements resulting from unreported or misrepresented household
              income, family composition, or other pertinent information in its Programs.


Applicants
Discretionary Denial for Past Violation of Family Responsibilities
When an applicant owes money from a previous tenancy in a federally assisted unit (see
Housing Act of 1937), the applicant family will not be admitted to the Program unless:
    The past debt has been paid in full, or
    The applicant enters into a new repayment agreement to clear the past debt.

Once the applicant has entered into a new repayment agreement and is admitted as a
participant to the program, they will be treated as a participant and can be terminated if they
refuse to comply with the terms of a repayment agreement.

MaineHousing may deny assistance to applicants who have been terminated for breach or
violation of family responsibilities as stated in HUD 24 CFR § 982.551 and listed on the
Housing Choice Voucher unless such applicants can demonstrate they have corrected the
problem for which they were terminated. Some examples of corrective action include, but
are not limited to:
     Repayment of monies owed to another PHA
     Repayment of rent owed to past landlord

     Payment to landlord for tenant caused damages;

Denial of assistance for an applicant may include, but is not limited to:
    Denial on the wait list,
    Denial or withdrawal of voucher,
    Refusal to process or provide assistance under portability.

Applicants who come to the top of the wait list and who owe any Housing Authority money
will have 30 days to repay the funds or to make appropriate repayment arrangements.

During the 30-day period, such applicants will retain their position on the wait list, but may
be skipped over, as subsidy becomes available. If such applicants have not repaid or made
appropriate repayment agreements within the 30-day period their names will be removed
from the wait list.


Participants
A participant is obligated to pay money owed as a condition of continued participation in the
programs.




Revised 9-9-09                              -4-
Families terminated from the program will remain responsible for clearing any debts.


Repayment Terms
MaineHousing will set the terms when offering a repayment agreement in an attempt to
recover the money in the shortest time possible. MaineHousing will take into account all
relevant family income information and will offer a payback schedule that is determined
reasonable within the family’s ability to repay.

The family will remain in good standing with MaineHousing as long as all payments are
received in a prompt, timely manner.

                                         Not to exceed 48 months.
 Maximum Term for Repayment

                                         By the 10th day of each month.
 Agreements

                                         The monthly payment will be calculated on 5% of the
 Monthly Payment Due Date

                                         family’s current adjusted monthly income, amortized
 Monthly Payment

                                         over the number of months necessary to realize payment
                                         in full within the 48-month maximum term, with the
                                         monthly payment not to fall below a minimum of $50 per
                                         month.
                                         The repayment term cannot exceed 48 months and must
                                         reflect an initial lump sum payment made to reduce the
 Minimum Initial Lump Payment

                                         debt to an amount that will be discharged by the end of
                                         the maximum term at 5% on adjusted monthly income.

                                         This initial lump sum cannot fall below a minimum of
                                         $100.
                                         When a family misses one (1) payment at any time during
                                         the term of the repayment agreement, the family will be
 Missed Payments

                                         considered in default of the repayment agreement and
                                         will be sent a 30-day notice of termination from the
                                         program.

                                         If a family has previously been meeting the payment
                                         terms of a repayment agreement, and contacts
                                         MaineHousing to report they are experiencing an
                                         unexpected loss of income that will affect their ability to
                                         meet payment, MaineHousing may grant a temporary
                                         deferral of up to 2 payments.
                                         When a family with a repayment agreement to move,
                                         MAINEHOUSING must first refer to computer debt
 Effect of Debt on Move Requests &

                                         tracking system and/or RIFMe to review the current
 Portability

                                         status on repayment. A family will not be permitted to
                                         move to a new unit or be issued a voucher unless they are
                                         current on their repayment agreement. Therefore, a
                                         family with missed payments will be expected to
                                         make up those payments to the point where the
                                         balance would have been, had regular, monthly
                                         payments been made, (with an opportunity for a

                                         In cases where a head of household owes monies and
                                         review or hearing if termination is a factor).

                                         requests to transfer the subsidy to another household
 Effect of Debt on Transfer of Subsidy




Revised 9-9-09                              -5-
                                        member, the subsidy will not be transferred until the
                                        family debt has been paid in full.
                                        Prior to the disbursement of the FSS Account, the FSS
                                        Coordinator must insure the family is in good standing
 FSS Impacts

                                        and in compliance with the existing lease.

                                        If an FSS family owes money to either MaineHousing or
                                        the property owner, the FSS Coordinator will advise the
                                        family that they are unable to receive the FSS money until
                                        their debt is paid in full.

                                        If an FSS graduate’s escrow account balance is equal to or
                                        greater than the amount owed to MaineHousing, two
                                        checks may be disbursed.

                                        The first check would be for the amount owed to
                                        MaineHousing which MaineHousing will apply to the
                                        debt. The second check would disburse the remaining
                                        funds to the graduate.
                                        In situations where reasonable accommodation, loss of
                                        income, or circumstances beyond the family’s control
 Deferral of Debt Payment

                                        merit a debt deferral. Debt deferral will be allowed
                                        during the duration of that debt.
                                        Debts $100 and under will not be permitted a repayment
                                        agreement and will be collected through MaineHousing’s
 Debt Levels:        Debts $100 or

                                        Agents. Debts $100 and under must be paid in full within
                     under

                                        60 days of notification by MaineHousing Agents. (Please
                                        Note: Following the first 30 days in a 60-day period, the
                                        remaining or second 30 days shall be the 30-day
                                        termination notice period).
                                        For debts equal to or greater than $1,000.00, an optional
                                        provision will be added to the repayment agreement
                     Debts $1,000.00

                                        offering the family an opportunity to agree to apply a
                     or greater

                                        specified amount from their income tax returns against
                                        their debt.
                                        Debts equal to or greater than $10,000.00 will be
                                        considered the threshold to report to HUD OIG office.
                     Debts

                                        Legal prosecution and restitution may be sought in
                     $10,000.00 or

                                        addition to possible termination from the program.
                     greater




Repayment Processing
Individuals owing money to MaineHousing will have their outstanding debt posted to the
local housing authorities’ “Residential Initiatives for Maine” (RIFMe) debtors’ database
(www.rifme.org). As payments are received, debt balances on RIFMe will be reduced and
will reflect the current debt balance. All individuals will remain on RIFMe until their debt
has been cleared in full.

The Agent will add an Entity Alert in Elite on the tenant’s record.




Revised 9-9-09                              -6-
MaineHousing will send by both certified mail - return receipt requested, and by regular mail,
written notification to the family of the debt along with a copy of the proposed repayment
agreement.

In instances where the certified mail is not accepted by the family and returned to
MaineHousing, but the regular mail is not returned, allegations by the tenant that they did
not receive the notice will not be considered by MaineHousing as a reason for failure to
respond to the notice. Unless both mailings are returned, there will be the presumption that
the notice has been received within 3 calendar days of mailing.

All repayment agreements will be logged into a computer debt tracking system.
MaineHousing shall ensure that appropriate staff has access to the computer debt tracking
system to review and collect information regarding outstanding debts so that the policies set
herein may be fulfilled.

A copy of the family-signed repayment agreement will be returned to the family with
MaineHousing’s signature, and the original will be placed in the MaineHousing repayment
files.

The preferred method of payment will be cash or money order. MaineHousing will accept
settlement through tenant utility reimbursement payments (URPs) and personal checks.
However, one bounced check will result in the rejection of all future checks. MaineHousing
will NOT accept payment through credit cards.

In cases where payments are inadvertently written to an agent rather than to MaineHousing,
the Agent will deposit the check and adjust through a wire adjustment at month-end billing.


Program Integrity
An error or omission may be intentional or unintentional. MaineHousing will treat all
program violations as unintentional, until proven otherwise.

Errors and omissions are the terms used under the “HUD Housing Choice Voucher
Program Guidebook” to identify situations in which a family or owner does not comply with
program requirements or staff members incorrectly apply program rules. MaineHousing will
carefully analyze each circumstance and determine how best to handle each individual
situation. Errors or omissions that affect the family’s payment, subsidy amount, or the
regular flow of housing assistance payments will be of highest priority.

Under the HUD OIG publication, “Guidelines for Public Housing Authorities to Prevent,
Detect and Report Fraud”, fraud is defined as “the intentional, false representation or
concealment of material fact.” Under the “HUD Housing Choice Voucher Program
Guidebook”, fraud and/or abuse is defined as “a single act or a pattern of actions made with
the intent to deceive or mislead, constituting a false statement, omission, or concealment of
a substantive fact. Fraud and abuse result in the payment of housing program funds in
violation of housing program requirements.”




Revised 9-9-09                             -7-
In order to establish an intentional program violation or “irregularity”, the family’s file must
contain documentation demonstrating that the family was made aware of program
requirements and prohibitions and that the family intentionally misrepresented or withheld
information (e.g., importance of appropriate signatures of understanding on intake
documents).

The following is a chart provided in HUD’s Housing Choice Voucher Guidebook (See
Chapter 22 - Program Integrity) that distinguishes the differences between errors and
omissions in comparison with fraud and abuse:

 ERRORS/OMISSIONS                              VS.                     FRAUD/ABUSE

 Failure to report required information due to        Intentionally misrepresenting income, assets,
                                              By the Family

 lack of understanding, such as omitting a            and allowances.
 particular asset or failing to report a source of
 income.                                              Intentionally misrepresenting family
                                                      composition.
 Incorrect reporting, such as reporting the
 income source but incorrectly stating the            Initiating and participating in bribes or other
 amount of income.                                    illegal activities.

 Failure to report changes as required, such as
 failure to notify the PHA of a change in family
 composition or income.

 Collecting housing assistance payments for an         Collecting extra or “side” payments in excess of
                                               By the Owner

 unoccupied unit, when the owner is not aware          the family share of rent or requiring the family
 that the family has vacated the unit.                 to perform extraordinary services in lieu of
                                                       payments.
 Errors in specifying responsibilities for utility
 payments.                                             Charging families for utilities that are the
                                                       owner’s responsibility.

                                                      Collecting housing assistance payments for units
                                                      not occupied by program participants.

                                                      Bribing PHA employees to certify a substandard
                                                      unit as passing HQS.

                                                    Other HQS violations involving
                                                    misrepresentation and deceit.

 Unintentionally miscalculating subsidy/rent.       Willful passing of units not meeting HQS and/or
                                             By the PHA

                                                    local standards.
 Unintentionally determining eligible families as
 in eligible and vice versa.                        Accepting kickbacks from owners, managers, or
                                                    families to permit participation or to allow rents
 Unintentionally approving rents that are not       in excess of the rent reasonableness limitation.
 reasonable.
                                                    Intentionally calculating total tenant payment or
 Misinterpreting documentation or information       housing assistance payments incorrectly.




Revised 9-9-09                                  -8-
 provided by third party.
                                                     Intentionally making incorrect determinations
 Forgetting to inform the participant of a           of family eligibility, including certifying as
 reporting requirement or to collect all required    eligible otherwise ineligible applicants, coaching
 information during an interview.                    applicants to falsify documents, or changing an
                                                     applicant’s position on the wait list.
 Unknowingly failing to apply program rules and
 procedures properly.
      Late processing.



Right to Due Process
Upon written request, tenants and/or applicants are allowed the opportunity to present
written or oral objections regarding debts, repayment agreements and terminations. (See
Section 20 – Informal Reviews & Informal Hearings for more details.)


OIG Referral Procedures
If MaineHousing has reason to believe (preponderance of evidence) that the participant’s or
owner’s abuse of the program was willful or intentional, the PHA may refer the cases to the
HUD Office of Investigation (OIG) in the New England jurisdiction for investigation and
possible criminal prosecution. MaineHousing may also pursue remedies under state or local
law, with an information copy to the OIG office. Cases sent to the OIG for investigation
should contain, at a minimum, the following information:
     Name and address of subject(s).
     Synopsis of alleged abuse, violation, intentional misrepresentation, or fraudulent
        activity, including the source of the information.
     Identity and address of known witnesses or persons having knowledge of the
        allegation(s).
     Known or suspected period during which alleged offenses(s) occurred.
     Known or suspected monetary loss.
     Findings of the PHA or any corrective or administrative actions or sanctions taken
        by the PHA.
     Indication of whether the matter has been referred to or considered by local
        prosecution or law enforcement agencies.

Reporting Program Violations to HUD

 Room 8256                                           Thomas P. O’Neill, Jr. Federal Building
 Office of the Inspector General:                    New England District Office:

 451 7th Street, S. W. District                      10 Causeway Street
 Washington, DC 20410-4500                           Boston, MA 02222-1092
 Office of Audit: 202/708-0364                       Inspector General for Audit: 617/565-5259
 Office of Investigation: 202/708-0390               Special Agent in Charge: 617/565-5293

 This hotline is toll-free Monday through Friday, from 10:00 a.m. to 4:30 p.m., Eastern Time at 1-
 HUD OIG Hotline

 800-347-3735. Information can be faxed to 202/708-4829 or emailed to Hotline@hudoig.gov.
 The hotline can also be accessed in writing at HUD OIG Hotline, GFI, 451 7th Street, SW,
 Washington, DC 20410.




Revised 9-9-09                                 -9-
Recovery Proceeds
The following is from HUD’s Housing Choice Voucher Guidebook (See Chapter 22 - Program Integrity)

The PHA may retain the greater of:
    50% of the amount it actually collects from a judgment, litigation, or an
      administrative repayment agreement or
    Reasonable and necessary costs that the PHA incurs related to the collection from a
      judgment, litigation or an administrative repayment agreement. Reasonable and
      necessary costs include the costs of the investigation, legal fees, and collection agency
      fees.

If HUD incurs costs on behalf of the PHA in obtaining the judgment, HUD must deduct
these costs from the amount the PHA will retain.

The PHA must use the amount of the recovery proceeds it is authorized to retain in support
of the housing choice voucher program in which the fraud occurred. The remaining balance
of the recovery proceeds must be applied as directed by HUD. To permit HUD to audit the
amounts retained, the PHA must maintain all records HUD requires, including:
     Recovered amounts;
     Nature of the judgment or repayment agreement; and
     Amount of legal fees and expenses incurred in obtaining the judgment or repayment
        agreement and recovery.




Revised 9-9-09                                - 10 -
Debt Letter to Tenant – Sent by AGENT


SENT BOTH REGULAR AND CERTIFIED MAIL

DATE

TENANT NAME
ADDRESS

Dear TENANT:

As a participant in the Housing Choice Voucher Program, you are required to notify AGENT of any
changes in [income source / family composition] within 14 days of the change. Failure to report
can result in the termination of your housing assistance.

It has come to our attention that you did not report a change in [enter the income source or family
composition information here] that became effective on DATE.

        Income sources can include Wages, Self-Employment Income, TANF, Social Security, SSI,
        SSDI, Pension or Retirement Funds, Unemployment Benefits, Workers Compensation
        Benefits, Child Support, or Alimony.

Your failure to report your [income / family composition] change has resulted in an overpayment in
housing subsidy of $__________ that you must now pay back to MaineHousing. Please see the
attached summary of how this HAP overpayment was determined.

You must contact PROGRAM OFFICER at MaineHousing immediately regarding this outstanding
debt:
               ATTN: PROGRAM OFFICER
               MaineHousing
               353 Water St, Augusta ME 04330-4633
               Tel: (207) _______________________


                                                           Sincerely,


                                                           AGENT
                                                           TITLE

Enclosure
cc: MaineHousing




Revised 9-9-09                                 - 11 -
 Debt Letter to LL – Sent by AGENT
Sent by regular and certified mail.

DATE

LL NAME
ADDRESS

Dear LANDORD:

It has come to our attention that TENANT NAME is no longer residing in your unit
located at UNIT ADDRESS, with an end date of residency of DATE.

Therefore, you received an overpayment in HAP on behalf of TENANT NAME in the
amount of $________ for the month(s) of MONTHS under the Housing Choice Voucher
Program that you now must return in full to MaineHousing by DATE (<give 30 days
from date of this letter).

Please make your personal check or money order and send to the following address:
               Payment to:
                       353 Water Street
                                MaineHousing

                        Augusta ME 04330-4633.
                       Attention: SECTION 8

Failure to clear this debt will result in the attachment of your state tax returns
                       through the Maine Revenue Service.

Your cooperation in clearing this account is greatly appreciated. Should you have
any questions regarding this debt, please contact PROGRAM OFFICER,
MaineHousing at TELE NO.


                                                          Sincerely,


                                                          AGENT

cc: MaineHousing




 Revised 9-9-09                                - 12 -
Enclosure:

HUD has recently put into operation a nationwide computer-matching income verification program.
 HUD’s “Enterprise Income Verification (EIV) System”

This program has been made available to all public housing agencies (PHA’s) nationwide for use in
their day-to-day operations. The name of this computer system is the “Enterprise Income
Verification (EIV)” System.

The “EIV” computer system is a tool provided through HUD to help PHA’s verify
tenant-reported income to:
     Reduce errors in housing subsidy payments,
     Identify potential income differences,
     Detect and stop program abuse.

With the EIV computer system we now have access to:
     Employer new hire information.
     State and Federal wage information, (including employer information).
    Unemployment compensation.
    Social security (SS) and supplemental security income (SSI) benefits reported by
      the Social Security Administration.




Revised 9-9-09                               - 13 -
Repayment Agreement Cover Letter Mailed by MaineHousing:
                                                          Sent Regular and Certified mail

                                                            DATE
Tenant
Tenant Address

Dear Tenant:

Our Agent, (AGENT) submitted a claim to MaineHousing in the amount of $000.00 to cover
unreported income while residing at (UNIT ADDRESS), which was paid in your behalf by
MaineHousing.

As a result, you are responsible to repay MaineHousing the claim amount of $000.00in full, or enter
into the Repayment Agreement that has been enclosed for you to review, sign, date and return to this
office.

   You must return this repayment agreement, along with your initial $000.00 payment to
                                MaineHousing by (DATE).

Before signing this repayment agreement, please be sure to:
        1) Read the terms and conditions set forth in this repayment agreement carefully.
        2) Sign and date this repayment agreement before returning it to MaineHousing,
        accompanied by your initial payment of $000.00.

Please contact MaineHousing immediately if you have any questions, or if at any time you are unable
to meet the terms of this Repayment Agreement:
                ATTN: Program Officer
                MaineHousing
                353 Water St, Augusta ME 04330-4633.
                Tel: 207/_____________________

                                                          Sincerely,


                                                          ___________________
                                                          Program Officer

Enclosure




Revised 9-9-09                                - 14 -
Repayment Agreement – Mailed by MaineHousing:
                                                  Secttiion 8 Housiing Choiice Voucherr Prrogrram
                                                  Sec on 8 Hous ng Cho ce Vouche P og am

                                                  Repayment Agreement
  Contact Information:

  LEGAL NAME(S) OF:                                                        TOTAL OWED $ 00________________

  Tenant: Tenant Name                                            SSN: 000-00-0000
  Other Adult/Spouse: NA                                         SSN: NA
  --------------------------------------------------------------------------------------------------------------------


  Tenant Mailing Address                                          Tenant Tele No(s).
  CURRENT MAILING ADDRESS:                                      CURRENT TELEPHONE NUMBER(S):

  --------------------------------------------------------------------------------------------------------------------
  LANDLORD/OWNER NAME: Owner’s Name                              ALLOCATION: _____



  Unit Address
  PHYSICAL UNIT ADDRESS:                                        For Office Use ONLY:
                                                                □ Mod Rehab Program
  --------------------------------------------------------------------------------------------------------------------
                                                                √Housing Choice Voucher Program

  I, TENANT do hereby acknowledge that $00 is owed to MaineHousing as a result of
  unreported income.

  --------------------------------------------------------------------------------------------------------------------
   I have enclosed FULL PAYMENT. I do not wish to enter into a repayment
   agreement:
                                 Please sign below:

               ________________________________          __________________________________________

               ________________________________          __________________________________________
                   Head of Household                                  Spouse/Other Adult

                            Date                                                Date


                                 STOP HERE IF YOU ARE PAYING IN FULL!

  Terms & Conditions of Repayment Agreement:
  By signing this repayment agreement, I acknowledge, understand, and will comply
  with, all terms and conditions set forth in the repayment agreement.

      I agree to make an initial down payment of $100.00 by DATE prior to, or upon
    execution of this agreement. (Minimum Initial Down Payment: $100.00)

       After the execution of this agreement, I understand I will make monthly payments of
    $50.00/month to clear this debt in full. (Minimum Monthly Payment: $50.00; Not to
    exceed 48 months)

      I understand that the monthly payment will be due no later than the 10th day of each
    month.




Revised 9-9-09                                             - 15 -
      I understand that I must contact MaineHousing immediately if any payment will be
   late: ATTN: MH Program Officer NAME
          MaineHousing
          353 Water St, Augusta ME 04330-4633.
          Tel: 207-_______________________

     I understand if I fail to make (1) payment I will be considered in default of this
   agreement and the full balance of my debt will be payable within 30-days of the default
   date.

     I understand if I fail to honor the terms of this agreement without prior approval from
   MaineHousing that I will be considered in default of this agreement, and therefore:
   1) My housing assistance will be terminated, with a thirty (30) day notice.
   2) I will become wholly responsible for the full rent amount upon my termination.
   3) I will owe the balance of my debt, and repayment will be required to:
            Move with my housing assistance in the future if I am receiving HUD rental
               assistance at this time, or
            Receive any type of housing assistance in the future if I am not receiving
               HUD rental assistance at this time.
   4) My name will be posted to the RIFME debtor database for all local housing
       authorities.
   5) MaineHousing has the right to evaluate any debt for further recovery action,
       including but not limited to, referring to the HUD Office of the Inspector General
       (OIG).


    _____I agree to pay a settlement amount of $______________ from my income tax return for
 Optional Provision:

 the ___________tax year towards this debt balance.


 The preferred methods of payment will be cash or money order. MaineHousing will take
 Method of Payment:

 settlement through tenant utility reimbursement payments (URPs) and personal checks.
 However, one “bounced” check will result in the rejection of all future checks.
 MaineHousing will NOT accept payment through credit cards. Payments must be made
 payable to MaineHousing, mailing to:
                                                 MaineHousing

                                                353 Water Street
                                                    Attn: HCV

                                          Augusta, ME 04330-4633
 ------------------------------------------------------------------------------------------------------------------
 By signing this repayment agreement, I acknowledge, understand, and will comply
 with, all terms and conditions set forth in the repayment agreement.

 ______________________________________              _________________________________________
 Head of Household                                   Spouse/Other Adult
 Date: _____________________                         Date: _____________________

 _______________________________
 MaineHousing Representative                         Date: _____________________




Revised 9-9-09                                           - 16 -
    Section 22 – Voucher Terms, Extensions and
Moving Restrictions

MaineHousing requires a family who did not live in its jurisdiction at the time of application
to remain within its jurisdiction for 1 year with their voucher before moving to another
housing authority’s jurisdiction.

Exceptions to this policy will be made on a case-by-case basis where there is a mutual
agreement between MaineHousing and the other PHA.


Initial Voucher Term
Each voucher is issued for an initial term of 60 days before expiring. During this 60-day
period the family is expected to find a suitable a unit.

The family must submit a "Request for Tenancy Approval" (RTA) within the 60-day
voucher limit (or any extension thereafter) and the unit must be inspected by the Agent
within 5 business days of the receipt of the RTA.


Family Search Period
For extenuating circumstances that prevent an applicant in locating a unit within the initial term
of the voucher, AND where the family requests (in writing) an extension prior to the
voucher expiration, the Agent has the authority to make the determination to grant an
additional voucher extension of 30-days to allow time to address a situation.

Extenuating circumstances may include, but are not limited to:
       Illness,
       The family size requires a large size unit, when there is a scarcity,
       Market conditions make locating a unit difficult,
       Special accommodations or accessibility.

The family must provide the Agent with a copy of their Unit Tracking Log to support their
unit search efforts when requesting an extension. The Agent will review, weighing their
reasons for not having success in locating a unit.

Any additional, subsequent requests for extensions following this first 30-day
extension will require MaineHousing’s approval.


Voucher Extensions
Based on Section 504 Regulations, as a Reasonable Accommodation for families with a
member who is disabled, the following voucher extension procedures will apply:




Revised 10-14-09                               -1-
     If a family with a member who is disabled requests in writing an extension beyond
      the initial 60-day limit, and makes such request within the initial 60-day voucher
      term, MaineHousing will extend the voucher for another 60 days.
     Before the 120th day, if a request is made in writing, MaineHousing will grant another
      extension of 30 days for continued extenuating circumstances.


If a family does not find suitable housing within the term(s) allowed:
     The voucher will expire and become invalid.
     The family will be removed from the wait list.
     The family may reapply to the wait list at such time as the wait list is open. The
        family will be issued a new date and time of application for the wait list and will be
        given the appropriate preference(s) based on their situation as of the reapplication
        date.


Moving Restrictions
During the initial term of the lease, MaineHousing/Agent will not allow any moves without
mutual consent from the landlord, or unless a special exception is granted.

MaineHousing limits the number of moves a family can make in a 12-month period to one
move.
     Within the first year of a lease, a family cannot move without a mutual rescission
      of the lease. Should they obtain a mutual rescission to their lease - they are allowed
      one move.
     After the first year of the lease, the family can move without needing a mutual
      rescission of the lease - they are allowed one move.
     Moves can be tracked through Elite’s Occupancy History screen.

The Agent will terminate assistance for unapproved moves.


Special exceptions to moving restrictions may include, but are not limited to:
    Mutual consent of landlord and tenant to expire lease
    Verified domestic violence
    Documented hate crimes
    Verified appropriate medical reasons
    Verified job offers
    Mutual consent between landlord and tenant to move

Zero HAP Families for Six Months or 180 days Zero HAP Families for Six Months or
180 days will be issued a voucher to move, with expiration date of this voucher as the date
the six month period is scheduled to end.

MaineHousing will not enter into a HAP contract at the new unit, or inspect the new unit.
The Zero HAP family will retain their voucher until their six month period ends. However,



Revised 10-14-09                              -2-
due to PIC issues, you must process an EOP in Elite as of one day after the voucher
issuance date. If the family reports an income loss within that 6 month grace period & owner
is willing to execute a HAP contract: reverse EOP & do all change-of-unit lease-up steps.
They are then back on the program.




Revised 10-14-09                           -3-
                     Voucher Expiration and Surrender
The following was Approved by M. Brown 12/4/08 at HUD Programs Meeting:


                                                                   Hearing
                           Written            Certified              Or
                           Notice              Letter              Review


     Applicant
     Voucher                Yes                  No                  No
      Expires


      Tenant
      Voucher               Yes                  No                  No
      Expires


      Tenant
    Surrenders              Yes                 Yes                  Yes
     Voucher




Revised 10-14-09                      -4-
        Section 23 – Owners

Outreach to Owners
Agents will encourage Owners outside of areas of poverty or minority concentration to
participate in the Voucher Program by:
     Referring landlords and tenants to the housing registry (mainehousingsearch.org)
     Developing and maintaining Program information for owners,
     Addressing local, area and statewide owner groups,
     Maintaining lists of owners who will accept vouchers,
     Advertising in:
          - Public service announcements, state-wide and locally.
          - Newspapers.
          - Newsletters/ community resources guides/ church flyers.
          - Local owner publications.


Providing Information to Landlords About Prospective Tenants
It is the responsibility of the landlord to screen their tenants for suitability of tenancy such as
perform standard reference, credit, employment, criminal, and other applicable checks, in
addition to having the potential tenant complete any application required by the landlord.

MaineHousing/Agents screen only to certify program eligibility.

If asked, MaineHousing/Agent can provide the last known address of the tenant and the last
known landlord to potential landlords of prospective tenants. Other information regarding
tenant rental history should not be discussed.


Providing Former Landlords with Tenants’ Forwarding Addresses
      MaineHousing and its Agents will not share tenant information with former owners
      due to tenant privacy and confidentiality.


Disapproval of Prospective Owners - HUD CFR 24 § 982.306
   MaineHousing may disapprove an Owner’s participation in the Programs as prescribed
   under:

    PHA Disapproval of Owner
    (c) In its administrative discretion, the PHA may deny approval of an assisted tenancy
        for any of the following HUD regulations:
                (4) The owner has a history or practice of non-compliance with the HQS for
                units leased under the tenant-based programs, or with applicable housing
                standards for units leased with project-based Section 8 assistance or leased
                under any other federal housing program;




                                               -1-
               (6) The owner has a history or practice of renting units that fail to meet State
               or local housing codes; or

               (7)(e) Nothing in this rule is intended to give any owner any right to
               participate in the program.


Landlord/Tenant Cohabitation
An owner cannot both receive a HAP payment on behalf of a tenant, and also live in the
assisted unit.

References to use in correspondence related to this situation:

       HUD-52461 HAP Contract “10. Owner’s Breach of HAP Contract (3) If the
       owner has committed fraud, bribery or another other corrupt or criminal act in
       connection with any federal housing assistance program.”

       HUD’s Housing Choice Voucher Program Guidebook, Chapter 8 – Housing
       Search & Leasing. See under Section 8.8. “PHA Approval of Tenancy”, P. 8-16
       & 8-17 (locate the bullet): “The tenancy cannot be approved if the chosen unit is
       one of the following:
           Unit occupied by its owner or by a person with interest in the dwelling unit.




                                             -2-
    Section 24 – Housing Quality Standards
Inspections

HUD Housing Quality Standards - HUD 24 CFR 982.401,
Lead-Based Paint Poisoning Prevention HUD 24 CFR Part 35,
Moderate Rehabilitation: HUD 24 CFR 882.404 and 24 CFR Section 5.


HUD Housing Quality Standards
MaineHousing adheres to HUD Housing Quality Standards (HQS) which are the HUD
minimum quality standards for tenant-based programs that apply to the unit, the building
and the premises. The Moderate Rehabilitation program is held to a stricter standard as is
stated in HUD 24 CFR Section 5 subpart G. Physical condition standards are required both
before initial occupancy, and then on an annual basis (within 364 days of prior inspection)
during the term of the HAP contract. These inspection standards are based upon housing
that is decent, safe and sanitary and in good repair (DSS/GR).

In the event that local and/or state codes also apply to a circumstance, the more restrictive
regulations or codes will apply.


MaineHousing Inspection Requirements
In addition to HUD HQS standards, MaineHousing has adopted the following required
inspection and performance requirements:

 Inspectors must inspect for the presence of carbon monoxide detectors (“CO
  Detectors” (required by law, enacted March 2010):
              CO detectors should have the “UL” approved logo. UL (Underwriters
               Laboratory) is a trusted resource for product safety certification and
               compliance solutions. There are no specified brand or maker
               requirements, only that they are UL listed products.
              CO detectors must be powered by BOTH a battery and electrical service
               (plugged into an electrical outlet or hardwired into the building).
              CO detectors must be located within 15 feet of bedroom(s) Carbon
               monoxide detectors are not required on floors where there are no
               bedrooms however, MaineHousing recommends that one be placed in the
               area where the fuel burning heating system/source is located (e.g.,
               basement or near the furnace area).
              The absence of, or a non-working, CO detector is a 30-day fail. The
               exception would be if this was a combination smoke detector/CO
               detector, in which case, the absent or non-working smoke detector would
               trump, and would be considered a 24-hour fail.



Revised 12-16-10                             -1-
 Smoke detectors that are being replaced or installed within 20 feet of a kitchen, or a
  bathroom containing a tub and/or shower, must be photo-electric smoke detectors (less
  affected by steam).

 Apartment buildings with 3 or more units must have hard-wired smoke detectors.

 Maine Law requires during the heating season, the heating system must be capable of
  maintaining a thermal environment of 68º degree Fahrenheit at a distance of 3 feet
  from the exterior walls, and 5 feet above the floor level at an outside temperature of
  minus 20º degree Fahrenheit.

            There is recent Maine legislation that became effective September 12, 2009 entitled Sec. 1. 14
    MRSA §6021, sub-§6 – “An Act To Conserve Energy in Residential Leasehold Tenancies” that says a
    New!
    landlord and a tenant can enter into an agreement for the landlord to provide heat at less than 68 degrees
    Fahrenheit. The agreement must:
         A. Be in a separate written document, apart from the lease, be set forth in a clear and conspicuous
             format, readable in plain English and in at least 12-point type, and be signed by both parties to
             the agreement;
         B. State that the agreement is revocable by either party upon reasonable notice under the
             circumstances;
         C. Specifically set a minimum temperature for heat, which may not be less than 62 degrees
             Fahrenheit; and
         D. Set forth a stated reduction in rent that must be fair and reasonable under the circumstances.
    An agreement under this subsection may not be entered into or maintained if a person over 65 years of
    age or under 5 years of age resides on the premises. A landlord is not responsible if a tenant who controls
    the temperature on the premises reduces the heat to an amount less than 68 degrees Fahrenheit as long as
    the landlord complies with subsection 6, paragraph B** or if the tenant fails to inform the landlord that a
    person over 65 years of age or under 5 years of age resides on the premises.

    **Subsection 6, paragraph B states:
    6. Heating requirements. It is a breach of the implied warranty of fitness for human habitation when the
    landlord is obligated by agreement or lease to provide heat for a dwelling unit and:
    A. The landlord maintains an indoor temperature which is so low as to be injurious to the health of
    occupants not suffering from abnormal medical conditions; [1983, c. 764, §1 (NEW).] B. The dwelling
    unit's heating facilities are not capable of maintaining a minimum temperature of at least 68 degrees
    Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature
    of minus 20 degrees Fahrenheit; or [1983, c. 764, §1 (NEW).] C. The heating facilities are not operated so
    as to protect the building equipment and systems from freezing. [1983, c. 764, §1 (NEW).] Municipalities
    of this State are empowered to adopt or retain more stringent standards by ordinances, laws or
    regulations provided in this section. Any less restrictive municipal ordinance, law or regulation
    establishing standards are invalid and of no force and suspended by this section.
    [ 1983, c. 764, §1 (NEW) .]



    There must be a permanent and safe heating system for the dwelling unit. All
     furnaces must be cleaned and serviced annually and either a dated inspection tag
     must be affixed to the burner or the owner must provide a copy of an invoice from
     the service company showing the property address and service date and, if any
     repairs are needed, a copy of an invoice from the service company indicating
     completion of the work and the completion date. The furnace room must be made
     available for inspection.




Revised 12-16-10                                     -2-
    Working ground-fault circuit-interrupter (GFCI) protection must be installed for all
     outlets in bathrooms and all outlets above counter top in kitchens.

    New! Effective October 1, 2010:
     PIH Notice 2010-10: HQS Inspections for the Housing Choice Voucher
     Program and Guidance Related to Electrical Outlets.
      HUD issued Notice PIH 2010-10 to clarify what constitutes “proper operating
     condition of electrical outlets”. [NOTE…the above referenced Notice can be read in its
     entirety on the HUD website HUD.gov].

       Generally, original two-pronged, ungrounded outlets and original three-pronged,
       grounded outlets are acceptable under HQS. “Upgraded” outlets, which have
       been changed from two-pronged to three-pronged, are the major area of
       concern in the above referenced Notice.

       Three-pronged, grounded type outlets should not be substituted for ungrounded
       two-pronged outlets unless (1) a ground wire is connected to the outlet, or (2) a
       Ground Fault Interrupter (GFCI) protects the outlet.

       Effective October 1, 2010, inspectors will be testing all three -pronged outlets
       throughout apartments to determine if each outlet is properly grounded.

       Inspectors must use an outlet tester to determine whether the outlet is properly
       grounded. There are two types of outlet testers than an inspector can use to
       determine a properly grounded outlet: a two-wire tester or a 3-pronged tester.

       Any ungrounded outlets not protected by GFCI protection will be a 30-day fail item.


       Bedroom Window Egress.
       There is a difference in Housing Quality Standards as prescribed by HUD and
       NFPA 101 Life Safety Code pertaining to window egress in bedrooms. HQS does
       not prescribe a minimum bedroom window size and NFPA 101 requires a net clear
       opening of 5.7 square feet. MaineHousing applies the standards under HQS in all
       HCV inspections.

       HQS inspectors will continue to inspect bedroom windows for operability and to
       meet all appropriate HUD HQS requirements.

       If a bedroom window does not appear to meet the requirements of NFPA- 101 the
       inspector will now notify (under separate cover letters) the landlord and the local
       Code Enforcement Officer (CEO) of the municipality over the unit to leave final
       interpretation and oversight of corrective action under NFPA-101[if required] to the
       Code Enforcement Officer.

       Initial and Annual Inspections:



Revised 12-16-10                             -3-
        HQS inspections will no longer fail a unit for non-egress bedroom windows.

        Per HQS guidelines each bedroom must have an operable window. The HQS
        inspector will not measure the window, however if by visual assessment the window
        does not appear to meet NFPA 101 Life Safety Code the HQS inspector will pass
        the window with the following comment:

        "Bedroom window meets HQS standards but may not meet standards for
        NPFA 101 Life Safety Code. Notice provided to Landlord and CEO".
        See also new letter at end of this section that is be sent to the landlord and Local Code
        Enforcement Officer.


HQS Failures
   For 24-hour failures or life-threatening violations and 48-hour emergency violations,
     the Agent will follow-up with the owner or owner’s representative that the repairs
     were made ( e.g., within 24 hours), and perform a follow-up inspection as soon as
     possible.

     For 30-day failures, repairs must be completed and the unit re-inspected within
      30 days, unless an extension has been granted by the Inspector who then notifies the
      appropriate Agent caseworker. (Our SEMAP score is affected when re-inspections are not
      performed within 30 days!)


Lead Paint Requirements
See HUD Lead Safe Housing Rule (24 CFR Part 35, subparts B-R), as amended
June 21, 2004.
New! EPA Notice for Contractors and Consumers: New Protections from Lead-
based Paint.
 As of April 22, 2010, no paid job can disturb painted surfaces in pre-1978 homes or child
care facilities unless (1) the firm is certified by the EPA or the state and (2) the renovator has
completed training and is a certified renovator. The requirements under the rule apply to
maintenance, renovation or repair activities where six square feet (about the size of a poster)
or more of a painted surface is disturbed inside, or where 20 square feet or more of painted
surface (about the size of a door) is disturbed on the exterior. Window replacement is also
covered by the rule. The only exceptions are where paint is proven lead free or the job is
smaller than six square feet.

Notification to Applicants.
Applicants must receive the “Protect Your Family from Lead in Your Home” pamphlet as
well as lead disclosures from owner noting the presence of any known lead-based paint in
the unit. The Lead Disclosure Information Form must be attached to the lease.
MaineHousing/Agent must not approve any lease that does not contain this form or an
equivalent.




Revised 12-16-10                               -4-
If paint stabilization is required, the applicant or participant must receive notice of:
     The evaluation of the lead hazard and,
     The results of the lead clearance activities.

In buildings constructed prior to 1978 where children under the age of six are residing or
expect to reside, the HQS inspector will do a visual assessment for evidence of deteriorated
paint and will presume lead paint exists. The visual assessment will include both interior
and exterior structural surface assessment.

In the event deteriorated paint surfaces are found, the inspector will presume that the paint
is lead-based and will recommend treatment as prescribed by applicable State and Federal
regulations.
      Any required lead-based paint testing will be conducted by a State certified lead paint
         professional. In the event lead-based paint surfaces are found, treatment as
         prescribed by applicable State and Federal regulations will be required.
      MaineHousing will not abate a Housing Assistance Payment contract if the Owner is
         complying with the prescribed treatment plan.
      Treatment of defective paint surfaces must be completed within 30 days of
         MaineHousing/Agent’s notification to owner. When weather conditions prevent
         treatment for defective paint conditions on exterior surfaces within this 30-day
         period, treatment may be delayed for a reasonable time, not to exceed 90 days.
      See HUD Section 35.1215 Activities at Initial and Periodic Inspection. (d) The
         designated party may grant the owner an extension of time to complete paint
         stabilization and clearance for reasonable cause, but such an extension shall
         not extend beyond 90 days after the date of notification to the owner of the
         results of the visual assessment.

If an owner fails to comply, MaineHousing will abate Housing Assistance Payments
retroactive to the expiration date of the original 30-day notice. Continued non-compliance
will result in the termination of the HAP contract.


Lead Hazard Reduction
The activities required to address deteriorated paint are not performed by the inspector, but
they must be completed before the inspection passes:


Paint Stabilization
Property owners must stabilize deteriorated paint surfaces before applicants can initially
move into unit; or

The owner must stabilize deteriorated paint surfaces within 30 days from the date of the
inspection when the deteriorated paint condition was detected.




Revised 12-16-10                               -5-
Paint Stabilization and other lead hazard reduction efforts are not considered complete until
the unit (property; premises) has successfully passed clearance testing by certified lead
clearance examiner.


Lead Clearance
This is a mandatory activity that follows paint stabilization. A certified lead clearance
examiner will evaluate the unit (property and premises) after paint stabilization has occurred
to determine if it is free of lead-based paint hazards and to ensure the unit is safe for
occupancy.

The clearance examiner cannot be the same person who conducted the paint stabilization or
other lead hazard reduction.

There can be no initial lease up without lead clearance. For established contracts, HAP must
be abated if clearance is not obtained.


When Clearance is not required
If maintenance or lead hazard reduction activity at a worksite does not disturb painted
surfaces; or if the total area disturbed does not exceed the following:
         20 square feet on exterior surfaces;
         2 square feet in any one interior room or space; or
         10% of the total surface area on an interior or exterior type of component with a
            small surface area like window sills, baseboards and trim.


Lead Safe Work Practices
The owner must be sure lead safe work practices are being conducted when stabilizing paint.
Lead safe work practices include safe work methods, occupant protection, worksite
preparation, and cleanup of deteriorated paint surfaces (i.e., peeling, chipping, chalking,
cracking, or separating from the substrate).


Moderate Rehabilitation Properties
See HUD regulations CFR §35.715 and §35.720. MaineHousing will follow up with
these owners. The regulations state for those multi-family residential properties (including
Moderate Rehabilitation properties) constructed before 1978, having more than 4 units and
that:

 Receive an average of $5,000 or more in housing assistance   A lead risk assessment
 per unit/annually                                            is required.
 Receive an average of less than $5,000 in assistance per     A lead visual assessment
 unit/annually                                                is required



Mold



Revised 12-16-10                              -6-
Although some mold presence is normal, mold amplification is not. When water
accumulates on organic surfaces (e.g., wood, paper, cloth), mold can quickly multiply to
levels high enough to be a health concern. Mold problems come from water problems.
Basement leaks, plumbing malfunctions or poorly vented spaces are some likely causes,
which are problems in and of themselves, and need correction whether or not mold has
started to grow. Also when a home suffers a catastrophic water event, such as flooding,
uncontrolled mold growth can result, and can spread to large portions of the structure.

Under “General Health & Safety”; subsection “Interior Air Quality”, it states: "The unit
must be free from abnormally high levels of air pollution caused by carbon monoxide, sewer
gas, fuel gas, dust or other harmful pollutants**." Although HUD does not specifically
address such items as mold, radon or asbestos, MaineHousing will categorize by definition
these under "harmful pollutants”.


Housing Inspections
New 11-19-10: For purposed of quality control, Agents are now asked to generate
all inspection forms out of Elite. NOTE: In Elite's “little house” screen, the #Sleeping
Rooms field must be filled out along with the #Bedrooms field. The #Sleeping Rooms
field in the “little house” screen actually populates the “Number of Sleeping Rooms” field
on the Elite-generated inspection form. The “Number of Bedrooms for Purposes of the
FMR or Payment Standard” field on the Elite-generated inspection form is actually
populated from the voucher size entered. Also please be sure to fill in all other information
on the “little house” screen (#bathrooms, square footage, etc.). Contact landlords for
#bathrooms if unknown. Enter “1950” if landlord does not know the year built.

Number of Bedrooms in a unit. If the inspector can see there are rooms obviously
designed to be bedrooms but are being used for another purpose (e.g., fitness room, office,
toy room) in the living space, and these rooms qualify as bedrooms under HQS standards,
than they should be coded as bedrooms and included in the number of bedrooms for the
unit size.
However, in the case rooms are obviously designed to be something besides a bedroom (e.g.,
a dining room directly located off the kitchen or a room used to pass through into other
rooms, and are not the basic living room, kitchen or bathroom, than the inspector would not
count as a bedroom.

Initial and Move Inspections
A unit must fully comply with HUD Housing Quality Standards, MaineHousing inspection
requirements, and lead paint requirements before the Housing Assistance Payment (HAP)
contract can begin.

The Agent will notify the owner of any items needing repair. Until all necessary repairs have
been made, and a final passing inspection has been attained, the family cannot move into
the unit.




Revised 12-16-10                            -7-
Agents will conduct initial and move inspections within five (5) working days of receiving
a Request for Tenancy Approval (RTA), or on the date the unit is ready for inspection,
whichever is the later date.

Moderate Rehabilitation Building Inspections
An initial inspection will be performed for each tenant at admission. Thereafter, only a
annual building inspection will be performed. This is in lieu of performing individual tenant
annual inspections + performing an annual building inspection. This practice will create one
consistent inspection date to track within the 365 days, and will promote more efficient
inspector time and travel costs. In doing only an annual inspection of the entire building,
when scheduling, MaineHousing/Agent must ask landlords to be present for this one
inspection.


Annual Inspections
All assisted units will be inspected annually within 364 days of their prior inspection.


Annual Inspection Appointments
The Agent notifies the family, the owner, or the owner’s representative of the date and time
of the annual inspection appointment by mail. (See Example Letter1 “Annual Inspection
Notification Letter” at the end of this Section).

If the family is unable to be present or arrange entry by someone 18 years of age or older,
they must reschedule the appointment prior to the scheduled date. Inspections will be
conducted on business days only during reasonable hours.

The unit will automatically fail when (1) a family denies access to a unit, or (2) is not
available at a scheduled inspection or (3) has not made arrangements to have an alternate
person over 18 years of age available at inspection, or (4) has not called in advance to
reschedule.

The owner or their representative, giving proper 24-hour notice to the tenant, can act as the
sole attending party at an inspection when there is a continued failure by the tenant to keep
the inspection appointment(s).


Interim or Special Inspections
Interim or special inspections must be performed upon the request of the family, the owner,
or at the discretion of MaineHousing or its Agents. Agents can only be required to inspect
units that are under contract or are in process of approval for contract.


Quality Control Inspections
MaineHousing annually audits a cross-section of initial and annual unit inspections, as well as
unit location and inspections completed by all Agent inspectors. These quality control
inspections are performed by trained inspectors.



Revised 12-16-10                              -8-
Sample sizes depend upon the number of units administered by each Agent and follow the
directive of SEMAP Indicator 5, HQS Quality Control Inspections.

Sample inspections must have been previously inspected within the last 3 months at the time
of the monitoring inspection

MaineHousing will do a comparison for each SEMAP year to evaluate the results of the
annual inspection to the results of quality control inspection and any results from re-
inspections for each sampled unit.


Agent Preparation Steps For Quality Control Inspections:
      1. The Agent schedules the quality control inspections for the monitoring sample
      selected by MaineHousing.

       2. The Agent forwards copies of the last, prior inspection report for each unit
       selected in the sample to MaineHousing.

       3. The Agent prepares the HQS inspection forms for the upcoming quality control
       inspections.

       4. The Agent inspector accompanies the MaineHousing inspector on all quality
       control inspections.


Agent Follow-up Steps For QC Inspections
The Agent sends out failure notification letters to landlords/tenants indicating required
repairs and re-inspection dates.

The Agent forwards copies of failure notification letters sent to landlords/tenants to
MaineHousing along with copies of all (both passed and failed) quality control inspection
reports.

The Agent performs re-inspections resulting from failures identified from the QC
monitoring inspections.

When there are failures:
   For 24-hour and 48-hours deficiencies, the Agent will verify the repairs have been
      made with the owner or owner’s representative, and perform a follow-up inspection
      as soon as possible.
   For 30-day deficiency repairs the Agent will re-inspect within 30 days, unless an
      extension has been granted by MaineHousing.


Agent List of HQS Failures



Revised 12-16-10                             -9-
Agents must keep a list of all HQS failures available to MaineHousing at all times. At the
annual monitoring, Agents must submit summaries of tracked failed HQS inspections over
the past year, to include the following information:

Initial Inspection    Failed Status:     Re-Inspection        Status at        Was Abatement
         1                  2                  3                  4                     5

       Date          (24 hr, 48 hr or         Date          Re-inspection:         necessary?
                         30-day)                             (Passed or        (If yes, give date
                                                               Failed?)       abatement began)



Notification of HQS Failures
When a unit fails an HQS inspection, the Agent will send in writing, a notification letter to
the owner, copying the tenant, stating the time limit in which to correct the failures. (See
Example Letter2 “HQS Failure/Abatement Notification Letter” at the end of this Section).


Tenant HQS Violations

Tenant Housekeeping
Although HUD has stated it is the tenant’s preference to decide whether a unit meets their
requirements for cleanliness and livability, HUD also states in its HAP contract (HUD-
52641) and Tenancy Addendum (HUD-52641-Part A) that “Living or housekeeping habits
that cause damage to the unit or premises” can be considered as “other good cause for
termination”. (See Section “8. Termination of Tenancy by Owner (d) (2) (c )).

In addition, when there is inordinate untidiness, the unit should be evaluated for General
Health and Safety requirements to assure:
    √ Tenant is not exposed to serious infestations or potentially harmful vermin.
    √ Tenant is not exposed to health hazards resulting from accumulations of garbage or
        trash in or about the unit
    √ Tenant has adequate means of storage and disposal of garbage.
    √ Interior stairways and common hallways are safe and adequately lighted so that the
        tenant is not exposed to safety or tripping hazards.
    √ Exits are not blocked or obstructed by debris, or used as storage areas, or secured by
        nailing etc. to be sure tenant has adequate alternate means of exits in case of fire or
        other emergencies.

See HUD regulations, (24 CFR 982.404(a)(4)). MaineHousing cannot hold the owner
responsible for a tenant-caused HQS failure. MaineHousing may terminate assistance to the
family under Family Obligations due to an HQS failure caused by the family. An example of
this would be an owner cannot be abated for a “no-Show” on the tenant’s part.

The Agent will notify the family and the owner of a family-caused HQS violations and the
time limit within which to correct. Family-caused HQS violations include, but are not
limited to:
     Failure to pay for Family-supplied Utilities,




Revised 12-16-10                             - 10 -
     Failure to provide and maintain any Family-supplied appliance,
     Damages, above and beyond normal wear and tear caused by the Family or a guest
      to the Unit or Premises,
     Denying access to the unit at inspection.
     Not being available for the inspection (“no-show”), with no prior notice to the
      Agent.

A family must make restitution for family-caused HQS violations. If they fail to do so, the
owner may evict and MaineHousing may terminate from the Program.


HQS Abatement
A unit must pass the inspection in order to avoid HAP abatement. MaineHousing will
pursue abatement of HAP when repairs are not completed by the date indicated in the
notification letter unless an extension has been granted by MaineHousing. Abatement
notification letters will be sent by both regular and certified mail to the owner, copying the
tenant.
                                Example of Abatement (Time Flow)

An inspection occurred on September 28 having 30-day failures the owner must repair.

A failure notification letter was sent the following day to the owner, copying the tenant, indicating
the failed items must be corrected no later than October 28, or 30 days from the date of the
September 28 inspection.

For this example: The re-inspection took place and the failures were not corrected.

On the first day of the following month, or on November 1, the HAP abatement period began (Nov 1
through Nov 30). During this period the HAP payment was not paid, but the HAP contract remained
in effect. And the tenant was responsible for only their portion of the rent.

If failures were corrected while the HAP Contract was still in effect, payments would begin again as of
the date of the correction. However, for the time in which the unit remained out of HQS compliance,
the HAP dollars were forfeited, and not reimbursed at any future date.

For this example: Failures were not corrected during abatement period.

Therefore, on December 1 the HAP contract automatically terminated.

The Agent issued a voucher effective December 1 to the tenant to move, (unless it was previously
revealed by the owner that he/she was not going to correct the failures, in which case, the Agent
immediately issues a voucher to the tenant).




Revised 12-16-10                                 - 11 -
    Letter 1 – Annual Inspection Notification Letter (In ELITE):

                                                          DATE

    «Tenant_First_Name» «Tenant_Last_Name»
    «Tenant_Address»
    «Tenant_Town», «Tenant_State_and_Zip_Code»

    Dear «Tenant_First_Name» :

    As a participant in the Section 8 Housing Choice Voucher Program your unit must be inspected at least
    once a year to make sure that it meets the Housing Quality Standards (HQS) set by HUD.

    Our inspector will conduct the HQS inspection on «Date_of_Inspection», between the hours of «Time».
    Because of busy schedule we may be 15 minutes early or late. However, we expect either you, or an adult
    representative on your behalf, be present for this appointment. Your subsidy can be terminated if an
    adult is not present to allow our inspector into the unit.

        If you cannot be home on the above date you must immediately contact us at AGENT’s TOLL
                  FREE NUMBER, or our inspector’s cell phone: (207) «Inspector_Phone».

         OWNERS: Although your presence is not required, we encourage you to be present for the
        inspection. If you choose not to be present we will mail you a list of deficiencies should the
                                                 unit fail.

    Please note the following items that we will be checking, along with our HQS standard items:
    • The furnace room must be made available for inspection. The heating system will be inspected for
        date of latest service. Because there must be a permanent and safe heating system for each dwelling
        unit, all furnaces must be cleaned/serviced annually. The inspector will be inspecting for either a
        dated inspection tag affixed to the heating system or the owner must provide a copy of an invoice
        from the service company showing the property address and date of service was within the past year.
        If any repairs were needed, a copy of an invoice from the service company indicating completion of
        the work and the completion date must be provided.
    • Smoke detectors must be working and located on every floor, even the basement. Apartment
        buildings with 3 or more units must have hard-wired smoke detectors.
        NOTE: If a tenant tampers with or interferes with the function of a smoke detector (e.g., to include
        removal of the battery or unplugging from ac power source), the tenant could be charged with a Class
        D criminal offense, punishable by up to a $1,000.00 fine and up to 6 months of incarceration.
    • Ground Fault Circuit Interrupters (GFCIs on electrical outlets) must be installed in the kitchen above
        countertops and in the bathrooms.
    • HQS inspectors will no longer fail a unit for non-egress bedroom windows.
        Per HQS guidelines each bedroom must have an operable window. The HQS inspector will not
        measure the window, however if by visual assessment the window does not appear to meet NFPA
        101 Life Safety Code the HQS inspector will pass the window with the following comment:


        We are now inspecting for the presence of carbon monoxide detectors (“CO Detectors”) as required
o             "Bedroom window meets HQS standards but may not meet standards for NPFA 101 Life Safety Code.



        by law (enacted March 2010). Non-working or absent CO detectors are a 30-day fail. An exception
o              Notice provided to Landlord and Code Enforcement Officer".
    •

        would be if this was non-working or absent combination smoke detector/CO detector, in which case,
        the absent/non-working smoke detector would trump, and would be considered a 24-hour fail. CO
        detectors must be powered by BOTH a battery and electrical service (plugged into an electrical outlet
        or hardwired into the building) and located in the “access area of the bedroom(s)”. Carbon monoxide
        detectors are not required on floors where there are no bedrooms. NOTE: MaineHousing is




    Revised 12-16-10                                  - 12 -
      recommending that a CO Detector be placed in the area where the fuel burning heating
      system/source is located (e.g., basement or near the furnace area).
      In buildings constructed prior to 1978 where children under the age of six are residing or expect to
      reside, the HQS inspector will be performing a visual assessment for evidence of deteriorated paint
•

      and will presume lead paint exists. The visual assessment will include both interior and exterior
      structural surface assessment. For further information, see HUD Lead Safe Housing Rule (24 CFR
      Part 35, subparts B-R), as amended June 21, 2004.

As always, in the event that local and/or state codes also apply to a circumstance, the more restrictive
regulations or codes will apply.

If you have any questions, please immediately contact AGENT at TOLL FREE NUMBER, or our inspector’s
cell phone: (207) «Inspector_Phone».

                                                             Sincerely,


                                                             «Inspector»
                                                             «Inspector_Title»
cc:       «Landlord_Name»
          «Landlord_Address»
          «Landlord_City», «Landlord_State_and_Zip»




Revised 12-16-10                                 - 13 -
      Letter 2 – HQS Failure/HAP Abatement Notification Letter:
***Simulated Dates in RED demonstrate time flow only; Remove and enter real dates***
                                                    SENT BY BOTH REGULAR & CERTIFIED
                                                    DATE (Sept 29)
LL Name
LL Address

Dear LL Name:

On INSPECTION DATE (Sept 28), a Housing Quality Standards (HQS) inspection was conducted at UNIT ADDRESS.
Unfortunately, the unit failed the inspection and consequently is not in HQS compliance.

We have attached a list of the failed items that need to be corrected no later than 30-DAY DATE (Oct 28), or 30 days
from the date of the INSPECTION DATE (Sept 28) inspection.

OPTIONAL LANGUAGE: We will be re-inspecting the unit on RE-INSPECTION DATE, between the hours of times.
Upon receiving this letter, please contact me at TELE NO., as it is imperative that the owner, owner’s
representative, or the tenant be present for this inspection.


For any fail items that are not corrected or re-inspected by 30-DAY DATE (Oct 28), Federal regulations require PHA’s
THE ABATEMENT PROCESS

to abate Housing Assistance Payments (HAP) beginning the first of the month following the deadline to correct the
HQS deficiency.

 “Abatement” means no subsidy is payable for the days a unit is out of HQS compliance beyond the original deadline
for repairs. The abatement period cannot exceed a maximum of 30 days, and if at the end of the 30 days the unit
remains non-compliant, the HAP contract will automatically terminate.

Therefore, if this unit does not pass inspection by 30-DAY DATE (Oct 28), on the first day of the following month, or
ABATEMENT BEGIN DATE (Nov 1), the HAP abatement period of (Nov 1 through Nov 30) begins. During this
abatement period the HAP payment is not paid, but the HAP contract remains in effect. If failures are corrected while
the HAP Contract is still in effect, the HAP payment will begin again as of the date of the correction. For the period of
time the unit remains non-compliant, the HAP dollars are forfeited and will not be reimbursed at any future date.
Subsidy will become payable only once the unit passes re-inspection.

 Important: During the abatement period, the tenant is only responsible for their portion of the rent. The
landlord cannot require a tenant to pay any portion of the subsidy that has been withheld due to HQS non-
compliance.

If the unit has not passed inspection by the end of the abatement period, or END DATE (Nov 30), the HAP contract will
automatically terminate effective HAP CONTRACT END DATE (Dec 1). At this time, should the tenant decide to remain
in the unit, they will become wholly responsible for the entire rent due for the unit as of (Dec 1). Otherwise, AGENT
will issue a voucher to the tenant effective HAP CONTRACT END DATE (Dec 1) to move, (unless it was previously
revealed by the owner that he/she were not going to correct the failures, in which case, AGENT would have
immediately issued a voucher to the tenant at that time).


If there are family-caused HQS failures resulting from damages caused by the tenant that were more than normal
Family-Caused HQS Failures:

wear and tear, the tenant is responsible for making the repairs, or reimbursing you for the cost of those repairs.
Failure to do so is a violation of Family Obligations and may result in termination from the program. To ensure
quality of work, and timeliness of repairs, you may find it easier to make the required repairs yourself and charge the
tenant for the costs.




        Revised 12-16-10                                 - 14 -
     Original Inspection Date:                     Sept 28
To summarize pertinent dates:

     Re-inspection no later than:                  Oct 28
     Abatement Period:                             Nov 1 through Nov 30
     HAP Contract End Date:                        Dec 1

If you have any questions concerning the abatement process or would like to schedule another inspection, please
contact me at TOLL FREE Number immediately.
                                                 Sincerely,
                                                 Your Name
attachment                                       Your Title
cc:      Tenant
         Tenant address
                                                      (over)

                                              Summary of Fail Items
        Date inspected:
        Tenant:                                            Unit Address:




        24 Hour Fail items:




        Landlord Failures:                                 Tenant Failures




        Comments:




        To avoid abatement, it is important to complete repair work as soon as possible so there will
        be time to schedule re-inspection before your deadline. The AGENT reserves the right to cite
        additional HQS violations upon re-inspection of the unit, should conditions warrant.




        Revised 12-16-10                               - 15 -
OTHER LETTERS:

Termination Letter to Tenant Due To Family-Caused HQS Failures:

                                                    August 19, 2008
(Landlord is not abated)

Tenant
Tenant Address

Dear Tenant:

On DATE your unit failed inspection due to the following family-caused failures:
       ______________________________________
       ______________________________________

Failure to keep your unit in compliance with Housing Quality Standards, or to cause damages to your
unit, are serious violations of your Tenant Obligations. If your unit does not pass inspection for these
family-caused failures by September 30, 2008 your participation in the Housing Choice Voucher
program will be terminated as of October 1, 2008. Should this occur, you will become responsible for
the full amount of rent due beginning October 1, 2008.

If you feel this decision was made in error, you may submit a written request for an Informal Hearing.
Your written request must be postmarked no later than 7 calendar days from the date of termination
and must be addressed to PO NAME at MaineHousing , 353 Water Street, Augusta, ME 04330. Again,
your request must be postmarked no later than October 7, 2008
                                                            Sincerely,


                                                            _________________
                                                            Program Officer
cc: Landlord




Revised 12-16-10                                - 16 -
        Letter to Landlord – Family Denied Access to Unit:
                                                          DATE

Landlord
Landlord Address

Dear Landlord:

On DATE, an attempt was made to conduct a Housing Quality Standards (HQS) inspection on behalf of your
tenant, TENANT NAME located at UNIT ADDRESS. The tenant would not permit the inspector to enter the
unit, and therefore, this inspection was considered a 30-day failure.

I strongly urge you to contact me at TELE NO., as soon as possible to arrange an inspection within 30 days of
this notice.

For any fail items that are not corrected and re-inspected in a timely manner, USE LANGUAGE FROM LETTER 2
ABOVE….




        Revised 12-16-10                                - 17 -
         Letter to Landlord – 24-Hour Failure:

                                             SEND OUT SAME DAY AS INSPECTED

Landlord
Landlord Address

Dear Landlord:

As I indicated to you earlier by phone today, TODAY’S DATE, a Housing Quality Standards (HQS) inspection
was conducted for TENANT NAME located at UNIT ADDRESS and the unit failed this inspection.

Attached is a list of failed items needing to be addressed, including the 24-hour failure(s) I spoke to you about
over the phone.

If the 24 hour fail item(s) have not been corrected within 24-hours or by DATE, Program guidelines require
abatement of Housing Assistance Payments (HAP), effective immediately until these items have been
corrected.

    WHEN THE UNIT INSPECTION OCCURRED ON A FRIDAY: For any 24-hour failures, the Landlord is
  required to make the repair(s) within 24 hours, The Agent will re-inspect the unit within 3 days or on the
     following Monday that the repairs for the 24-hour failure have taken place, or in this case, by DATE.

For any fail items that are not corrected and re-inspected in a timely manner, USE LANGUAGE FROM LETTER 2
ABOVE….




        Revised 12-16-10                                 - 18 -
Revised 12-16-10   - 19 -
Revised 12-16-10   - 20 -
New Letter for Windows:

Date

LL Name
Address
Address

Dear Landlord:

On Inspection Date a Housing Quality Standards (HQS) inspection was conducted at Unit Address.
The unit passed the inspection with comment.

While the window in the location bedroom does meet HQS standards it may not provide a minimum
clear area of 5.7 square feet and therefore may not meet the NFPA 101 Life Safety Code.

Although Maine State Housing Authority strongly urges the owner to make attempts to comply
with NFPA 101, the owner is ultimately responsible to local or statewide codes.

Please note that a copy of this notice has been forwarded to your local code enforcement officer.

                                                           Sincerely,


                                                           Inspector Name
                                                           Inspector Title


cc: Town Office
    Code Enforcement Officer
    Address
    Address




Revised 12-16-10                                - 21 -
NEW FORM!

Receipt of Carbon Monoxide Detector


I,________________________________, have received ___ carbon monoxide detector
(s)
        Tenant

that I have installed at _________________________________________ unit________.




__________________________________________________________ date__________
  Signature



Agent_____________________




Revised 12-16-10                     - 22 -
       Section 24A – QA Procedures for HQS Inspections

New QA process for Annual and Initial Inspections (11/4/10)

For Annual Inspections:
   1. HUD Form 52580, Inspection Checklist, will be printed from Elite to be used by the
      inspector at time of inspection.

   2. The inspector will initial that they have viewed and verified the following sections:




Unit Address           Number of Sleeping Rooms                     & Unit Type
   3. The inspector will then return all completed inspections to manager for review of
      discrepancies.

   4. If a discrepancy is found, the manager will give a copy of the inspection to the case
      worker who will verify information with landlord and/or tenant if necessary, make
      corrections in Elite, and contact their Program Officer to determine effective date
      for HAP adjustments if needed.


For Initial Inspections:



Revised 11-19-10                            -1-
   1. A copy of HUD Form 52517, Request for Tenancy Approval, as completed by the
      prospective landlord will be attached to HUD form 52580, Inspection Checklist.

   2. The inspector will initial that they have viewed and verified the following sections:




Unit Type                    Number of Bedrooms                      Unit Address

   3. Upon receipt of the completed inspection form the case worker will verify that all
      information matches on both the inspection checklist and RFTA and that
      information entered into Elite is true and correct.

In addition, as each Annual Recertification is completed, each file should be reviewed to
ensure that unit and utility information in Elite is consistent with:
        ● Inspection Checklists
        ● RFTA
        ● HAP Contract
        ● Lease
Entering unit information into Elite:




Revised 11-19-10                            -2-
When entering a unit into Elite, note where the Inspection form draws its information from:




In Elite, you must enter the number of bedrooms under sleeping rooms in order for the
inspection checklist to capture the information.

Pulled from the active voucher issued in Elite

(Section B of HUD form 52580 Inspection Checklist)
       □Pass        Number of bedrooms for         Number of Sleeping Rooms
       □Fail        purposes of the FMR or
□Inconclusive       Payment Standard




In addition make sure the following fields are populated in Elite:




Revised 11-19-10                             -3-
Full & Half Baths                              Square Footage                        Year Built
If you are unsure of any of these items please contact the landlord to verify.

*Don’t forget to enter the Grand Total Score from the Rent Survey Worksheet under the Features tab of Unit Entry.




Determining the number of bedrooms in a unit




Revised 11-19-10                                      -4-
When completing the Inspection Checklist:

Complete as many “Other Room” supplements as are presented in the unit and not already
on Sections 1 (Living Room) 2 (Kitchen) and 3 (Bathroom) of the inspection checklist.

Requirements of Room Code 1- Bedroom or any other room used for sleeping (regardless of
the type of room):
        Electrical Requirement
        Room Code 1- Must have two working outlets or 1 working outlet and 1
        permanently installed light fixture.

       Window Requirement
       Room Code 1 - There must be a window present and that window must be openable
       if designed to be opened.

Again, any room other than the living room, kitchen or, bathroom that meets the above
requirements should be listed as a bedroom regardless of how the occupant chooses to use
the room.

Housing Type
Differences:




Housing Type
When selecting the type of unit on the Inspection Checklist please review the attached
section which define structure types.




Revised 11-19-10                            -5-
  Appendix A
Quick Reference Guide
                                    Appendix A
                                Quick Reference Guide
                                    (HA Version)

1. Log on to PIC.


2. Access the Development
   Submodule.




3. Select a Development.


4. Review the following
   Development data:

    •   Profile
    •   Management office address
    •   Contact information




5. Perform the following tasks on
   the Building Tab:

    •   Edit building details.
    •   Add building records.
    •   Remove building records
        (during initial upload only).




PIC Development Submodule User Manual                   A-1
6. Perform the following tasks on
   the Unit Tab:

    •   Edit, add, and (in some
        cases) delete unit records.
    •   Upload building/unit data.
    •   View Upload Error Reports.


7. Submit Building/Unit data.


8. Generate reports.




PIC Development Submodule User Manual   A-2
   Appendix B
Defining Structure Types
                                                        Defining Structure Types
                                                          for PIC - Building and Unit Data

Single Family/Detached (SF)                                                                                                 C:\PIC\Guidance\Structure Drawings.xls

                                                                                                                                                  11/18/2003   DMcM
  A structure that consists of a single living unit and is surrounded by permanent open spaces.

  One configuration
                                                                                  SF
                                                                                                  One building
                                                                                                  One entrance
                                                                                                  One address

                                                                    Front view




Semi-Detached (SD)                    (duplex)

  A structure containing two separate living units,
  surrounded by permanent open space.                                         2                                              3

  3 configurations:                                                                                                                         Ground
                                                                           SD                                      *SD                      floor
                                      1                                                                                                     upper level
                                                                                                                                            entry
                                                                                              Ground
     SD                               SD                                   SD                 floor                       *SD
                                                                                              lower level                               earth
                                                                                              entry

     Front view                                                  Front view                             View from end of the building

                                                 * If more than two units this is a Row/Townhouse Dwelling (RW) or a Walk-Up/Multifamily Apartment (WU)



   PIC Development Submodule User Manual                                                                                                                       B-2
Row/Townhouse Dwelling (RW)
 A structure containing three or more separate living units, .
 each having individual outside entrances at ground level
 (which may face in different directions)
 Each unit may have more than one level.

 3 configurations                                                                            One building
                                                                                             4 entrances - 4 addresses - 4 units
                                                         1                                                                         3
                          Front view                                                            View from above     Quadraplex
                                                                 One building
               RW                    RW                  RW      3 units/entrances                                      Entry
                                                                 3 addresses



                                                                                     Entry                    RW        RW
                                                         2
                          Front view
                                                                                                              RW        RW             Entry
      (upstairs)            (upstairs)          (upstairs)


                                                                 One building
               RW                    RW                  RW      3 units/entrances
                                                                 3 addresses                              Entry




  PIC Development Submodule User Manual                                                                                                        B-3
Walk-UP/ Multifamily Apartment (WU)

         More than one dwelling on more than one level with one or more entrances at ground level.
         But not a SD - Semi-Detached !

         4 configurations
                                                  1                                                               2
                            Front view                                                          Front view

                            WU                                 One building            WU                         WU   One building




                                                                                                   Entries
                                                               3 entrances                                             3 entrances     At least 2 door numbers
                                                               3 addresses                                             3 addresses
                                                               3 units                                                 4 units
            WU                                    WU                                   WU                         WU   Second level requires door numbers




                                                                                                   Stairs
                     Entry Entry Entry                                                      Entry Entry Entry

                                                  View from end of building                                                   4

                                                                     WU
            One building
            One address                  3
               (the building's)                                                                                                   View from above
            6 units                                                  WU                                                           Quadraplex
                                                      Stairs




            6 door numbers
                                                                                                             WU        WU

                                                                                                                                  Main entrance to the building


                       WU                    WU                      WU                                                           One building
                                                                                                                                  One entrance
                                                                                                                                  Four units
                                                                                                             WU        WU
                       WU                    WU                      WU                                                           Only the main entrances
Stairs




                                                                              Stairs




                                                                                                                                  to the units are shown


            Front view - Motel style - 6 units


          PIC Development Submodule User Manual                                                                                                              B-4
Elevator Structure (ES)
  Any high-rise structure for which an elevator is required
  under the Minimum Property Standards or local building codes.

  One configuration
                                                                                            One building
                                                                                            One entrance (the main entrance)
                                                                                                One address
                                                                                            7 floors
                                                                                            12 units
                                                                                                more than 12 door numbers


                                                                                Community
                                                                  Offices           Rooms
                                                                            Entry




   PIC Development Submodule User Manual                                                                                 B-5
Buildings and Entrances

                                          Viewing from above


                      A                                             B                                           C


               #1            #2                                #1       #2

               Two buildings                                   Two buildings                                 One building


  If two structures are the mirror image of each other and are placed against each other as is presumed in the case of "B",
  they are two different buildings having different entrances.

  In the case of "B", if #1 was built first and #2 is an addition the PHA probably treats #1 and #2 as two separate buildings
  and they should be so designated in PIC.

  If two structures share a common wall or common (unbroken) roof, they are one building (as in "C")
  and may have more than one main entrance, each serving a different set of units.




                                                                                      `




  PIC Development Submodule User Manual                                                                                         B-6
         Appendix C
Building and Unit Data Entry Guidance
                                  Guidance for Completing the Unit Spreadsheet - PIC                                                      P113PT_PH_Unit
C:\PIC\Guidance\Bldg-Unit Uploads-11-19-03.xls                                                                                                                                                DMcM 11/19/2003

      A             B         C          D         E                  F       G       H        I           J         K            L               M               N               O                 P
  Once these 5 fields are approved the data cannot be
                       changed !
                           building building_
 participant developmen _numbe number_          unit_                ssn_   first_   last_ occupancy     door_     floor_      bedroom      unit_ tenant _      acc_     unit_ details_
   _code      t _number        r     entrance number                 head   name     name    _date      number    number        _count       type_ code        unit_ ind complete_ ind unit_ type_ code

for instance: for instance:
      IL002     IL002001
 Alphanumeric               A/n max.            A/n max.                                               A/n max. A/n max.
     max. 5    A/n max. 11      6    A/n max. 3    10                                                      5        3          Integer       A/n max. 5         Max. 1         Max. 1            Max. 2



                                                                                                                  The floor
                                          The PHA's     The same                                                  in the
                              The         code          as the               Leave                                building
              The code        PHA's       number for    inventory                                                 on which                                     Indicate
The code that that HUD        code        this          number               these                     Required the entry     The                              "Y" for     Enter "Y" if all
HUD uses to uses to
identify this identify this
                              number
                              for the
                                          entrance
                                          to the
                                                        the PHA
                                                        uses for
                                                                             fields                    for WU to this
                                                                                                       and ES unit is
                                                                                                                              number of
                                                                                                                              bedrooms The type of tenant
                                                                                                                                                               Yes or
                                                                                                                                                               "N" for
                                                                                                                                                                           information
                                                                                                                                                                           has been
                                                                                                                                                                                            Indicates the
                                                                                                                                                                                            type of unit being
PHA           project         building    building      this unit.           blank                     type units located.    in the unit occupying the unit   No          supplied         uploaded.

                                                                                                                                                             Indicate
                                                        For some                                                                                             if the unit                    FA=Family Unit
                                                        PHAs this                                                                                            is in the     "Y" indicates    EL=Unit
                                                        may be                                         Optional                                              ACC -         the unit         designated as
                                                        the same                                       for SF,                           Leave blank if unit Annual        information is   Elderly Unit
                                                        as the                                         SD, and                           is vacant, a non-   Contri-       complete &       ND=Non-
                                                        door                                           RW type                           dwelling unit, or a butions       ready for HUD    Dwelling
                                                        number.                                        units                             merged unit         Contract      approval.        MU=Merged Unit
                              -------     -------       -------
                              Not the     Not the
                              number      number of
                              of          entrances                                                                                      EM = Employee
                              buildings   that are in   Not how                                                                          LE = Law
                              in the      the           many                                                                             Enforcement
                              develop     develop-      units                                                                            RT = Regular
                              ment.       ment.         there are.                                                                       Tenant




  PIC Developemnt Submodule User Manual                                                                                                                                                                     C-1
                 Guidance for Completing the Building Spreadsheet - PIC                                                                     P113PT_DEVELOPMENT_BUILDING_ENT
C:\PIC\Guidance\Bldg-Unit Uploads-11-19-03.xls                                                                                                                                                                 DMcM 11/19/2003

      A                B                 C              D                   E                F          G               H               I              J            K          L         M        N        O           P
Once these three fields are approved the
       data cannot be changed !
                             building_                                                                                                                           address_                               basic_       zip_
development building_        number_     building_                   building_ type_       floor_                 construction_     comment        address_       line2_     city_     county_ state_    zip_      extension
 _ number      number        entrance     name                            code             count    unit_ count       date            _text       line1_ text       text     name       name code        code       _code

                                                                                                                                                                               for        for              for
  for instance     for instance      for instance   for instance        for instance                                for instance                  for instance              instance   instance         instance   for instance
   IL013001   001001          1        null                                RW                2          1          3/31/1989          NA         123 N Elm         NA       Chicago        IL
                                                                                                                                                                                        Cook    60606               1234
Alphanumeric                                                                                                                        A/n max.                                              Max. Numeric             Numeric
   max. 11   A/n max. 6 A/n maximum 3 Max. 50                          Maximum 5          Integer     Integer         Date            255           Max. 255     Max. 255 Max. 50 Max. 50   2   max. 5              Max. 4
                                                                                                                                                 Use the
                                                                                                                                                 address the
                                                                                         Total     Total                                         police and
                                                                                         number of number of                                     fire
The code that     The PHA's       PHA's code        Name of                              floors    dwelling                                      department
HUD uses to       code for        number for this   the                                  served by units served Optional, but if a               use for this
identify this     this            entrance to the   building - Description of the        this      by this      date is entered                  building/                                              5 digit Optional 4
project           building        building          optional building                    entrance entrance      use the format: Optional         entrance     Optonal                                   zip code digit code
                                                                                                                 MM/DD/YYYY

                                                                   ES=Elevator                       Include
                                                                   Structure*                        spaces
                                                                   RW=Row or                         which were
                                                                   Townhuse                          originally
                                                                   SD=Semi-Detached      Includes used as                          General                        After HUD approval of the building and unit
                                                                   SF=Single             floors with dwelling                      comments                      data, there are 5 identifications which cannot
                                                                   Family/Detached       units and units and                       about the                     be changed: 1 - the PHA ID (ie. IL002); 2 -
                                                                   (duplex)              floors      have not   Must not be        building or                      the development (project) ID;      3 - the
                                                                   WU=Walk-Up/           without     been de-   greater than the   building                      building ID; 4 - the entrance ID; and 5 - the
                                                                   Multifamily Apt.*     units       programed. current date.      entrance                                         unit ID.
                  -------- -----------
                               Not how many
                  Not how      entrances there
                  many         are in the
                  buildings building, nor a
                  there are in secondary                           * Use door numbers
                  the develop service                              in Unit Spreadsheet
                  ment.        entrance.                           (table).




PIC Development Submodule User Manual                                                                                                                                                                                 C-2
                Appendix D
         Instructions for CSV File Format
                        and
Table for the Field References on the Upload Error
                    Report Page
                                                                           Office of Public and Indian Housing

                                                                                               PIH Information Center


Uploading Building and Unit Data Using a Comma Separated
Values(CSV) File
A CSV file allows you to export the values in a database table as a series of ASCII text lines. A bar “|” separates each column
value from the next column value, and each row starts a new line. When you decide to submit your data in the CSV format you
must ensure that the text file is correctly formatted. Each row of data must be structured in the order that is specified in the
detailed instructions listed below, . Also the rows must contain the appropriate data elements for that particular column. If a
specific column for a row of data is not available and is not required you must still insert a placeholder for that column by adding
a |. Please follow the detailed instructions on the file layout and content.

File Format
You will be required to submit a separate file for your building and unit records.
1. All files should have .csv as the file extension, for example; mybuilding.csv.
2. The first row of all files must contain a header that identifies the subsequent records.
3. All rows of data records must be separated by a new line or hard return.
Examine the example below for guidance on how to format your data for submission to HUD..

Example of unit records in CSV format. File name: myunit.csv
development_number|building_number|building_number_entrance|building_name|buidling_type_code|floor_count|unit_count|co
nstruction_date|comment_text|address_line1_text|address_line2_text|city_name|county_name|state_code|basic_zip_code|zip_exte
nsion_code
AKP001005 | 300 | 1 | Plaza 1 | EL | 12 | 10000 | 06/06/2000 | high rise Building | 1401 SOUTH Street | | Some City | Some
County | AK | 20001 | 1002
AKP001005 | 302 | 1 | Garden | EL | 12 | 10000 | 06/06/2000 | high rise Building | 1401 SOUTH Street | | Some City | Some
County | AK | 20001 | 1002

Example of two Building Records in CSV format. File name: mybuilding.csv
participant_code|development_number|building_number|building_number_entrance|unit_number|ssn_head|first_name|last_name|
occupancy_date|door_number|floor_number|bedroom_count|unit_tenant_type_code|acc_unit_ind|unit_details_complete_ind|unit_
type_code
AK001| AK00100511 | 3 | 1 | A1234 | 111111111 | FIRST NAME | LAST NAME | 05/18/2000 | A1 | 3 | 2 | RT | Y | Y | FA
AK001| AK00100511 | 3 | 1 | A1236 | 111111111 | FIRST NAME | LAST NAME | 05/18/2000 | A1 | 3 | 2 | RT | Y | Y | FA




PIC Development Submodule User Manual                                                                                           D-1
                                                                    Office of Public and Indian Housing

                                                                                        PIH Information Center


Detail instructions for data
                                        Building Template
 No.   Building Field               Description                 Instructions                                 Data Type /
                                                                                                             Field Length
 1.    Development Number           The code that HUD uses      Should not be blank.                         Alphanumeric
                                    to uniquely identify
                                    developments managed        Should be a valid Development number         Max 11
                                    by a Housing Authority.     in PIC.
                                                                Character position 1- 5 is the Participant
                                                                Code, character position 6 - 8
                                                                Development Number and character
                                                                position 9 -11 optional suffix.
 2.    Building Number              The code that uniquely      Should not be blank.                         Alphanumeric
                                    identifies a building
                                    structure.                                                               Max 6

 3.    Building Entrance Number     The code that uniquely      Should not be blank.                         Alphanumeric
                                    identifies a building
                                    entrance within a           If only a single Building Entrance enter     Max 3
                                    development / building.     “1”.
                                                                The particular entrance corresponds to a
                                                                unique postal address.
 4.    Building Name                The name of the             Optional.                                    Max 50
                                    building.
 5.    Building Type Code           Provides a description of   Should not be blank.                         Max 5
                                    the architecture of a
                                    building or building        The allowable values are:
                                    entrance.                   •   ES - Elevator Structure
                                                                •   RW - Row or Townhouse Style
                                                                •   SD - Semi Detached
                                                                •   SF - Single Family/Detached
                                                                •   WU - Walkup/Multifamily Apt.
 6.    Floor Count                  The number of floors in     Should not be blank.                         Integer
                                    the building where units
                                    that can be occupied
                                    exist.
 7.    Total Unit Count             Number of units within a    Should not be blank.                         Integer
                                    building or building
                                    entrance.                   In the units template, the number of units
                                                                assigned to this particular building
                                    This total includes non-    cannot exceed this count.
                                    dwelling, and merged
                                    units.
                                    This total does not
                                    include fully demolished
                                    or disposed units.




PIC Development Submodule User Manual                                                                                  D-2
                                                                     Office of Public and Indian Housing

                                                                                        PIH Information Center
 No.   Building Field               Description                  Instructions                             Data Type /
                                                                                                          Field Length
 8.    Construction Date            The completion date of       Optional.                                Date
                                    the development.
                                                                 A valid date in the format
                                    For developments with        MM/DD/YYYY. The date should not be
                                    multiple buildings, this     greater than the current date.
                                    is the completion date of
                                    the last building that was
                                    complete.
 9.    Comment Text                 General comments about       Optional.                                Max 255
                                    the building or building
                                    entrance.                    General comments about the building or
                                                                 building entrance.
 10.   Address Line1 Text           Number and Street            Should not be blank.                     Alphanumeric
                                    (Building or Building                                                 Max 255
                                    Entrance)
 11.   Address Line2 Text           Street/Suffix                Optional.                                Max 255
                                    (Building or Building
                                    Entrance)
 12.   City Name                    City                         Should not be blank.                     Max 50
                                    (Building or Building
                                    Entrance)
 13.   County Name                  County                       Should not be blank.                     Max 50
                                    (Building or Building
                                    Entrance)
 14.   State Code                   State                        Should not be blank.                     Max 2
                                    (Building or Building        A valid two-character code to identify
                                    Entrance)                    the state.
 15.   Basic Zip                    Zip code                     Should not be blank.                     Numeric
                                    (Building or Building                                                 Max 5
                                    Entrance)
 16.   Zip Extension Code           Zip code suffix              Optional.                                Numeric
                                    (Building or Building                                                 Max 4
                                    Entrance)




PIC Development Submodule User Manual                                                                               D-3
                                                                    Office of Public and Indian Housing

                                                                                        PIH Information Center

                                             Unit Template
    No.   Unit Field                 Description               Instructions                               Data Type /
                                                                                                          Field Length
    1.    Participant Code           The code that HUD         Should not be blank.                       Alphanumeric
                                     uses to uniquely
                                     identify individual       Should be a valid Participant Code.        Max 5
                                     Housing Authorities.
    2.    Development Number         The code that HUD         Should not be blank.                       Alphanumeric
                                     uses to identify all
                                     developments that         Should be a valid Development Number       Max 11
                                     belong to the housing     in PIC.
                                     authorities.              Character position 1-5 Participant Code,
                                                               character position 6 - 8 Development
                                                               Number and character position 9 -11
                                                               optional suffix.
    3.    Building Number            The code that uniquely    Should not be blank.                       Alphanumeric
                                     identifies a building
                                     structure within a        Should be unique across developments.      Max 6
                                     development.
    4.    Building Entrance Number   The code that uniquely    Should not be blank.                       Alphanumeric
                                     identifies a building
                                     entrance within a         If only a single Building Entrance enter   Max 3
                                     development / building.   “1”.
                                                               The particular entrance corresponds to a
                                                               unique postal address.
    5.    Unit Number                Unit number within a      Should not be blank.                       Alphanumeric
                                     building (e.g., Apt #).
                                                                                                          Max 10
    6.    SSN Head                   The social security       Optional.                                  Numeric
                                     number of the head of                                           1
                                     the household for each    Should be blank if the unit is vacant .    Max 9
                                     unit.                     Should be blank if the Unit Type is ND
                                                               (Non-Dwelling) or MU (Merged Unit).
    7.    First Name                 First name of head of     Optional.                                  Alphanumeric
                                     household occupying
                                     unit.                     Should be blank if the unit is vacant.     Max 25
                                                               Should be blank if the Unit Type is ND
                                                               (Non-Dwelling) or MU (Merged Unit).
    8.    Last Name                  Last name of head of      Optional.                                  Alphanumeric
                                     household occupying
                                     unit.                     Should be blank if the unit is vacant.     Max 35
                                                               Should be blank if the Unit Type is ND
                                                               (Non-Dwelling) or MU (Merged Unit).




1
 The Social Security Number field should be populated for all occupied units. If the unit is vacant, no social
security number is required in this field.


PIC Development Submodule User Manual                                                                                   D-4
                                                                     Office of Public and Indian Housing

                                                                                         PIH Information Center
 No.   Unit Field                   Description                 Instructions                                 Data Type /
                                                                                                             Field Length
 9.    Occupancy Date               The date that a tenant      Optional.                                    Date
                                    occupies a unit. This
                                    date must be the later of   A valid date in the format
                                    the lease date or move-     MM/DD/YYYY.
                                    in date.                    Should be blank if the unit is vacant.
                                                                Should be blank if the Unit Type is ND
                                                                (Non-Dwelling) or MU (Merged Unit).
 10.   Door Number or               The code that is used to    Should not be blank for multiple units       Alphanumeric
                                    uniquely identify each      in a single building (For example,
       Apartment Number             unit within a specific                                                   Max 5
                                                                elevator structure or multifamily apt.).
                                    building.
                                                                Should be blank for one unit in a single
                                                                building (For example, Townhouse or
                                                                Single Family).
 11.   Floor Number                 Refers to the floor         Should not be blank.                         Alphanumeric
                                    number on which each
                                    unit is located within a    This value should be (1) for the             Max 3
                                    building.                   following building types:
                                                                •    RW - Row or Townhouse Style
                                                                •    SD - Semi Detached
                                                                •    SF - Single Family/Detached
 12.   Bedroom Count                Number of bedrooms in       Should not be blank.                         Integer
                                    a unit.
                                                                Should be greater than or equal to zero.
 13.   Unit Tenant Type             Indicates the type of       This field should not be blank if the unit   Max 5
                                    tenant who is occupying     is occupied:
                                    the unit.                   •    EM - Employee
                                                                •    LE - Law Enforcement
                                                                •    RT - Regular tenant

                                                                Should be blank if the unit type is ND
                                                                (Non-Dwelling) or MU (Merged Unit).

                                                                A HUD 50058 form is not required if
                                                                the unit tenant type is EM or LE.
 14.   ACC Unit Ind.                Indicates whether a unit    Should not be blank.                         Max 1
                                    qualifies under the
                                    Annual Contribution         Must be either Y or N.
                                    Contract (ACC)
                                    program.


 15.   Unit Details Complete Ind.   Indicates that the unit     Should not be blank.                         Max 1
                                    information which is
                                    being uploaded in the       This column should always be set to Y.
                                    spreadsheet is complete
                                    and ready to be
                                    submitted to HUD for
                                    approval.




PIC Development Submodule User Manual                                                                                      D-5
                                                                 Office of Public and Indian Housing

                                                                                    PIH Information Center
 No.   Unit Field                   Description             Instructions                              Data Type /
                                                                                                      Field Length
 16.   Unit type                    Indicates the type of   Cross check in the code table if such a   Max 5
                                    unit that is being      code exists.
                                    uploaded.
                                                            The allowable values are:
                                                            •   FA - Family Unit
                                                            •   EL - Designated as Elderly Unit
                                                            •   ND - Non-Dwelling
                                                            •   MU - Merged Unit




PIC Development Submodule User Manual                                                                               D-6
    Section 25 – Fair Market Rents, Voucher Payment
Standards and Utility Allowances

HUD annually establishes and publishes Fair Market Rents (FMRs) by rental market area in
the Federal Register in accordance with 24 CFR Part 888. Fair market rents are gross rents,
which mean they include the shelter rent + the cost of utilities for varying unit bedroom
sizes. HUD publishes its FMRs to be effective on October 1 of each year.

To improve the success rate for voucher families searching for affordable units,
MaineHousing establishes Voucher Payment Standards (VPS) from associated FMR rental
market areas to derive the “maximum monthly assistance payment”. MaineHousing
establishes its VPS between the basic range of 90% to 110% of the published FMR per unit
size.

Updated voucher payment standards are applied at each annual re-examination and are
based on the smaller of the voucher size or the actual unit size.

If a higher voucher payment standard is necessary to house a person with disabilities,
MaineHousing will request a reasonable accommodation with its HUD field office.

For affordability, the family’s portion of the rent at move-in cannot exceed 40% of the
family’s adjusted monthly income. (See 40% calculation worksheet at end of this section).

MaineHousing reviews tenancy for a new admissions and move-ins and if the gross rent
(rent + utilities) for a unit is greater than the voucher payment standard, the unit may not be
affordable for the family. An affordability test is done to determine if the family can afford
the excess rent.


VPS Increases and Decreases
Increases and decreases of voucher payment standards take place at annual reexaminations
only.
       VPS Increases
       During the term of the HAP contract if the VPS increases, the increase will go into
       effect on the effective date of the family’s next regular annual reexamination.

       VPS Decreases
       See HUD 24 CFR § 982.505:
       Families are protected or “grandfathered” against lowered voucher payment
       standards when:
           o VPS decrease occurs at the annual recertification process. > Families are
               protected at the higher VPS for one year. The decreased VPS amount will not
               go into effect until the family’s second, regular annual reexamination following
               the effective date of decrease in the VPS.




Revised: 9-16-11                             -1-
            o    A rent increase occurs before the next annual > Families remain at the
                 higher VPS.

            o    A utility structure changes occurs before the next annual > Families
                 remain at the higher VPS.
        o
        Families are not protected or “grandfathered” against lowered voucher payment
        standard when:
            • A family moves before their next annual > The VPS amount that is in place
                 at the time of the move will be applied.

        See HUD 24 CFR § 982.507:
        In addition, if the FMR (not the VPS) decreases by 5% or more in any county, then
        rent reasonableness must be performed for units in those counties.

         VPS Effective as of 10-2-11
                                                                  VPS
                                                              Decreased             VPS              FMR Decreased
         County                                             (1Yr Protection)     Increased                 5%

                                                           1 and 2 BR only
         Metropolitan FMR Areas

                                                           1 and 2 BR only
         Bangor HMFA

                                                                                All BR sizes
         Cumberland HMFA                                                                                    Y

                                                             All BR sizes
         Lew-Auburn MSA (ie, Androscoggin)

                                                             All BR sizes
         Penobscot HMFA                                                                                     Y

                                                             All BR sizes
         Portland HMFA                                                                                      Y

                                                           1 and 2 BR only
         Sagadahoc HMFA                                                                                     Y
         York HMFA                                                                                          Y
         York-Kittery-So Berwick HMFA

                                                             All BR sizes
         Non-Metropolitan FMR Areas

                                                             All BR sizes
         Aroostook                                                                                          Y

                                                           1 and 2 BR only
         Franklin                                                                                           Y
         Hancock                                                                                            Y
         Kennebec

                                                           1 and 2 BR only
         Knox

                                                                                All BR sizes
         Lincoln

                                                             All BR sizes
         Oxford
         Piscataquis                                                                                        Y

                                                             All BR sizes
         Somerset

                                                             All BR sizes
         Waldo                                                                                              Y
         Washington                                                                                         Y

         10-1-11 Annuals – Apply VPS effective 10-2-10; 2011 VPS amounts do not go into effect until 10-2-11.
         NOTES:


         11-1-11 to 10-1-12 Annuals – Apply VPS effective 10-2-10 for one year for those identified with decreased VPS
         as of 10-2-11.

         Moves: 11-1-11 to 10-1-12 – Apply lower VPS effective 10-2-11.



Changes in Family Size
During the term of the HAP contract if there is a change in family size, the change will go
into effect on the effective date of the family’s next regular re-examination. However, if the
unit size is larger than the voucher size (i.e., voucher size is 2 bedroom, but actual unit size is
3-bedroom and family now qualifies for the 3-bedroom), because the lease obligations are
already met (the tenant is staying in same unit), the family is IMMEDIATELY eligible for



Revised: 9-16-11                                       -2-
the increase in voucher size. (See APPENDIX E for FMR and VPS schedule listings currently in
place.)


Utility Allowance Schedules
See HUD 24 CFR 982.517 Utility allowance schedule.
To keep assisted housing affordable so families pay at least 30% but no more than 40% of
their household’s monthly adjusted income towards rent, HUD has defined ‘rent’ to include
not only the contract rent to the owner (i.e., "shelter rent"), but also reasonable (anticipated)
utility costs for tenant-paid utilities, known as the ‘utility allowance’.
                    Contract Rent + Utility Allowance = Gross Rent

A utility allowance is added to the rental assistance and deducted from the amount the
tenant has to pay.
When a utility allowance exceeds the Total Tenant Payment (TTP) of the family,
MaineHousing/Agent will provide a Utility Reimbursement Payment to the family each
month. The utility reimbursement will be paid directly to the tenant.

MaineHousing is responsible for establishing and maintaining the Utility Allowance
Schedules. The utility allowance schedule is determined based on the typical cost of
utilities and services paid by energy-conservative households that occupy housing of
similar size and type in the same locality. In developing the schedule, MaineHousine
must use normal patterns of consumption for the community as a whole and current
utility rates.

MaineHousing annually reviews its UA schedules and conducts a survey of area utility rates
based on reasonable monthly consumption cost data for tenant-paid utilities to update its
utility allowance schedules. MaineHousing contacts utility companies in Maine including
water, sewer, garbage, electricity, natural gas, oil and propane. Results are compiled and
made available to the public.
.
MaineHousing establishes a utility allowance for different types of energy (gas, electric, oil),
in different combinations (electric heat, gas hot water heater, etc.), in different kinds of units
(apartments, townhouses, single family houses) so that the schedules reflect typical costs for
various utilities and services paid by households occupying units of similar size, type and
locality.

The Request for Tenancy Approval (RTFA) submitted by the owner and the prospective
tenant tells the Agent the utilities the tenant will pay for directly, and the utilities that the
owner will furnish as part of the rent. These provisions are then incorporated into the lease
and the HAP contract.




Revised: 9-16-11                               -3-
Any time a change is made in the responsibility for payment of utility expenses, the owner
and the tenant must report the change to MaineHousing/Agent so that the contract rent and
the utility allowance can be adjusted accordingly.

Any increase in a family's utility consumption or usage of utilities that results in increased
costs for tenant-paid utilities is the responsibility of the family unless covered as a reasonable
accommodation. Payment of bills for tenant-paid utilities is the responsibility of the family,
and any interruption or termination of utility services because of the family’s failure to pay is
considered a breach of the family’s obligations under the housing choice voucher program.

Updated utility allowances are applied at each annual re-examination. Utility allowances and
are based against the size of dwelling unit leased by the family, not the family unit size or
voucher size.

Higher utility allowance as reasonable accommodation for a person with disabilities.
Upon request from a family that includes a person with disabilities, MaineHousing must
approve a utility allowance which is higher than the applicable amount on the utility
allowance schedule if a higher utility allowance is needed as a reasonable
accommodation in accordance with 24 CFR part 8 to make the program accessible to and
usable by the family member with a disability.




Revised: 9-16-11                              -4-
40% Calculation Worksheet (In Microsoft Excel):
LANDLORD NAME:
TENANT NAME :                                                                       ANNUAL INCOME:              $0
MEDICAL ALLOW (H1*3%                $0                                                                          $0
MEDICAL EXPENSES                                                            $0 (IF A MINUS #, INSERT HERE)>>>
ELDERLY ALLOW:           $                   -                                             ELDERLY ALLOWENCE    $0
# OF CHILDREN:                       0                                                     # OF CHILDREN        $0
CHILD CARE:$             $                   -                                             CHILD CARE           $0
                                                                  ADJUSTED MANNUAL INCOME                       $0
                                                                  ADJUSTED MONTHLY INCOME                       $0
                                                                 10% of GROSS ANNUAL INCOME                     $0
                                                                 30% of ADJUSTED ANNUAL INCOME                  $0
                                                                 40% of ADJUSTED ANNUAL INCOME                  $0
ACTUAL BR SIZE                       0
VOUCHER SIZE                         0
PAYMENT STANDARD:                                   $       -    effectv 11/1/05                                $0
                                                                                           MAX SUB:             $0
CONTRACT RENT:                                      $       -                              CONTRACT RENT        $0

                                                                 Util = HEAT Half
                                                                 Oil/Half Elec =
                                                                 $82 = $13 Elec
                                                                 Cook + $40
                             UA-mobile home,                     Elec Water Ht
UTILITIES:                      Locality 6          $       -    +$32 Trash         LOWER OF CR OR MAX SUB      $0
GROSS RENT:                                             0                                  TOTAL FAMILY SHARE   $0
                                                                                           TENANT RENT          $0
                         Brunswick Micropolitan -
                             Effectv 1/1/06:            0        fair
SCORING (GROSS RENT CAN'T BE OVER SCORING)              0        good
LOWER OF PS or GROSS RENT:                          $       -




Revised: 9-16-11                                                -5-
         Section 26 – Reasonable Rent


                                                     When a 5% or more
MaineHousing must determine a rent is reasonable…

Before entering into a     Before approving a        decrease in HUD Fair
HAP contract. (Initials,   rent increase request     Market Rents has       When directed by HUD.
Moves)                     by an owner.              occurred.

“Reasonable rent” is defined as a rent to owner that is not more than rent charged by:
      (1) 3 Comparable units in the private, unassisted market,
      (2) 3 Comparable unassisted units within a building premise (having 4 or more
      units).

Tax Credit units and Rural Development units cannot be used to determine comparability
because they are already considered assisted units. Rural Development Units do not need
rent reasonable certification, but do need approval by Rural Development.

To determine a rent being requested is reasonable in accordance with 24 CFR 982.507(a),
MaineHousing must ensure the rent being charged for the proposed unit is reasonable and
compares to other unassisted units of similar type, using the comparability factors specified
in 24 CFR 982.507(b). MaineHousing’s comparability scoring system takes into
consideration the 6 factors compiled through public information, survey information, and
unit inspection information:
     Location
     Size
     Type
     Quality
     Unit Age
     Amenities


Rent Reasonable Scoring Worksheet
A rent reasonableness scoring worksheet is filled out by the inspector at inspection. A
rent reasonable scoring worksheet must be completed prior to a:
     New Admission
     Move/Change of Unit
     Rent Increase Request

The rent reasonableness scoring worksheet is forwarded to the MaineHousing Program
Officer by the Agent so that the PO can populate Elite’s RR-Rent Reasonable Module with
the information derived from this worksheet so this unit can be used as a comparison unit in
Elite.

Agents will use the Elite database to search for a comparable unit. Other sources in which
to search for comparable rents are newspapers, Craig’s List, and the MaineHousing Rent
Search.



                                                   -1-
Rent to Owner
A rent to an owner can never exceed the current reasonable rent approved by
MaineHousing. Even when the voucher payment standard is higher than the rent of an
initial move-in unit, making that rent affordable to the tenant (not greater than 40% of their
income), if that unit rent is higher than the current reasonable rent, it cannot be approved.

The Agent will negotiate with the owner to bring the rent down if the unit’s inspection and
rent reasonableness scoring is lower than what the owner is asking for rent.

An owner can appeal a denial of a rent increase by producing 3 comparables of unassisted
(market) units in their area. MaineHousing will give the owner a copy of the rent
reasonableness scoring worksheet to use, as well as the owner will be asked to supply any
other documentation to support the reasonableness of their rent request.

Process Flow (assuming unit passes inspection):
      Initials/ Move-ins                    Rent Increases               Decrease in FMR at Annual


1) Receive RFTA                     1) Owner submits 60-day             1) Review HUD-published
                                    notice for a rent increase          FMRs (annually in October) to
                                                                        determine if a 5% decrease has
                                                                        been approved.
2) Verify Rent for VPS
limitations for family
                                                                        Did FMR decrease by 5%?

affordability
                                                                        If yes,

                                                                        Was this family impacted?

3) Inspector inspects unit          2) Inspector completes the rent     2) Complete rent comparability
                                                                        Yes.

(passes) and completes rent         comparability worksheet and         worksheet during annual re-
comp worksheet.                     performs inspection if              certification process.
                                    necessary.
4) Agent scores unit rent to        3) Agent scores unit rent to        3) Compare scores to current
determine if rent is comparable     determine if rent is comparable     rent scoring worksheet to
and allowable.                      and allowable.                      determine if rent should be
                                                                        reduced.
Approve- Unit rent is at or         Approve- Unit rent is at or
below rent reasonable. Agent        below rent reasonable. Agent
certifies rent is reasonable,       certifies rent is reasonable,       REQUIRED: Give 30-day notice
                                                                        If RENT REDUCTION IS

executes HAP, lease, and            executes HAP, lease, and            to owner and family to execute
notifies family of their share of   notifies family of their share of   HAP amendment of the updated
rent.                               rent.                               rental assistance.

Deny- Unit rent is higher than      Deny- Unit rent is higher than
rent reasonable. Negotiate          rent reasonable. Negotiate
w/owner to lower rent.              w/owner to lower rent.


  acceptable, execute HAP,             acceptable, execute HAP,
If negotiated rent is               If negotiated rent is

  lease, and notify family             lease, and notify family
  of their share of rent.              of their share of




                                                  -2-
                                        increased rent.
If owner appeals, and can
  produce 3 comparables,              If owner appeals, and can
  Agent can review for                  produce 3 comparables,
  consideration.                        Agent can review for
                                        consideration.

   reduce rent, Agent
If owner chooses not to

   issues voucher to family             accept negotiated rent, Agent
                                     If owner chooses not to

   to extend unit search.            issues voucher to family to
                                     move.

HOUSING STRUCTURE TYPES –CROSSWALK REFERENCE:




New! See also Section 26 – Appendices: PIC Housing Structure Types.
This is a PIC document that helps to define housing structure types.

Check it off!

   Approved rents             Inspections should be       Rent reasonableness      Request for Tenancy
           √                              √                         √                       √

should not exceed the         present in all files and      reviews must be         Approvals (RTAs)
owner certified rents          filled out completely.      present, complete         must be signed.
 charged in the same                                       and for the current
     buildings or                                                 year.
    developments.

   Points should be           The correct utility             Rent increase         The dates between
           √                          √                             √                        √

  awarded correctly        allowance and payment            requests must be       the RTA, HUD-50058,
 and addition double      standard should be used.         submitted 60 days        inspection and rent
       checked.                                           prior to the effective      reasonableness
                                                                  date.               review must be
                                                                                     consistent and in
                                                                                           order.




                                                    -3-
  Appendix A
Quick Reference Guide
                                    Appendix A
                                Quick Reference Guide
                                    (HA Version)

1. Log on to PIC.


2. Access the Development
   Submodule.




3. Select a Development.


4. Review the following
   Development data:

    •   Profile
    •   Management office address
    •   Contact information




5. Perform the following tasks on
   the Building Tab:

    •   Edit building details.
    •   Add building records.
    •   Remove building records
        (during initial upload only).




PIC Development Submodule User Manual                   A-1
6. Perform the following tasks on
   the Unit Tab:

    •   Edit, add, and (in some
        cases) delete unit records.
    •   Upload building/unit data.
    •   View Upload Error Reports.


7. Submit Building/Unit data.


8. Generate reports.




PIC Development Submodule User Manual   A-2
   Appendix B
Defining Structure Types
                                                        Defining Structure Types
                                                          for PIC - Building and Unit Data

Single Family/Detached (SF)                                                                                                 C:\PIC\Guidance\Structure Drawings.xls

                                                                                                                                                  11/18/2003   DMcM
  A structure that consists of a single living unit and is surrounded by permanent open spaces.

  One configuration
                                                                                  SF
                                                                                                  One building
                                                                                                  One entrance
                                                                                                  One address

                                                                    Front view




Semi-Detached (SD)                    (duplex)

  A structure containing two separate living units,
  surrounded by permanent open space.                                         2                                              3

  3 configurations:                                                                                                                         Ground
                                                                           SD                                      *SD                      floor
                                      1                                                                                                     upper level
                                                                                                                                            entry
                                                                                              Ground
     SD                               SD                                   SD                 floor                       *SD
                                                                                              lower level                               earth
                                                                                              entry

     Front view                                                  Front view                             View from end of the building

                                                 * If more than two units this is a Row/Townhouse Dwelling (RW) or a Walk-Up/Multifamily Apartment (WU)



   PIC Development Submodule User Manual                                                                                                                       B-2
Row/Townhouse Dwelling (RW)
 A structure containing three or more separate living units, .
 each having individual outside entrances at ground level
 (which may face in different directions)
 Each unit may have more than one level.

 3 configurations                                                                            One building
                                                                                             4 entrances - 4 addresses - 4 units
                                                         1                                                                         3
                          Front view                                                            View from above     Quadraplex
                                                                 One building
               RW                    RW                  RW      3 units/entrances                                      Entry
                                                                 3 addresses



                                                                                     Entry                    RW        RW
                                                         2
                          Front view
                                                                                                              RW        RW             Entry
      (upstairs)            (upstairs)          (upstairs)


                                                                 One building
               RW                    RW                  RW      3 units/entrances
                                                                 3 addresses                              Entry




  PIC Development Submodule User Manual                                                                                                        B-3
Walk-UP/ Multifamily Apartment (WU)

         More than one dwelling on more than one level with one or more entrances at ground level.
         But not a SD - Semi-Detached !

         4 configurations
                                                  1                                                               2
                            Front view                                                          Front view

                            WU                                 One building            WU                         WU   One building




                                                                                                   Entries
                                                               3 entrances                                             3 entrances     At least 2 door numbers
                                                               3 addresses                                             3 addresses
                                                               3 units                                                 4 units
            WU                                    WU                                   WU                         WU   Second level requires door numbers




                                                                                                   Stairs
                     Entry Entry Entry                                                      Entry Entry Entry

                                                  View from end of building                                                   4

                                                                     WU
            One building
            One address                  3
               (the building's)                                                                                                   View from above
            6 units                                                  WU                                                           Quadraplex
                                                      Stairs




            6 door numbers
                                                                                                             WU        WU

                                                                                                                                  Main entrance to the building


                       WU                    WU                      WU                                                           One building
                                                                                                                                  One entrance
                                                                                                                                  Four units
                                                                                                             WU        WU
                       WU                    WU                      WU                                                           Only the main entrances
Stairs




                                                                              Stairs




                                                                                                                                  to the units are shown


            Front view - Motel style - 6 units


          PIC Development Submodule User Manual                                                                                                              B-4
Elevator Structure (ES)
  Any high-rise structure for which an elevator is required
  under the Minimum Property Standards or local building codes.

  One configuration
                                                                                            One building
                                                                                            One entrance (the main entrance)
                                                                                                One address
                                                                                            7 floors
                                                                                            12 units
                                                                                                more than 12 door numbers


                                                                                Community
                                                                  Offices           Rooms
                                                                            Entry




   PIC Development Submodule User Manual                                                                                 B-5
Buildings and Entrances

                                          Viewing from above


                      A                                             B                                           C


               #1            #2                                #1       #2

               Two buildings                                   Two buildings                                 One building


  If two structures are the mirror image of each other and are placed against each other as is presumed in the case of "B",
  they are two different buildings having different entrances.

  In the case of "B", if #1 was built first and #2 is an addition the PHA probably treats #1 and #2 as two separate buildings
  and they should be so designated in PIC.

  If two structures share a common wall or common (unbroken) roof, they are one building (as in "C")
  and may have more than one main entrance, each serving a different set of units.




                                                                                      `




  PIC Development Submodule User Manual                                                                                         B-6
         Appendix C
Building and Unit Data Entry Guidance
                                  Guidance for Completing the Unit Spreadsheet - PIC                                                      P113PT_PH_Unit
C:\PIC\Guidance\Bldg-Unit Uploads-11-19-03.xls                                                                                                                                                DMcM 11/19/2003

      A             B         C          D         E                  F       G       H        I           J         K            L               M               N               O                 P
  Once these 5 fields are approved the data cannot be
                       changed !
                           building building_
 participant developmen _numbe number_          unit_                ssn_   first_   last_ occupancy     door_     floor_      bedroom      unit_ tenant _      acc_     unit_ details_
   _code      t _number        r     entrance number                 head   name     name    _date      number    number        _count       type_ code        unit_ ind complete_ ind unit_ type_ code

for instance: for instance:
      IL002     IL002001
 Alphanumeric               A/n max.            A/n max.                                               A/n max. A/n max.
     max. 5    A/n max. 11      6    A/n max. 3    10                                                      5        3          Integer       A/n max. 5         Max. 1         Max. 1            Max. 2



                                                                                                                  The floor
                                          The PHA's     The same                                                  in the
                              The         code          as the               Leave                                building
              The code        PHA's       number for    inventory                                                 on which                                     Indicate
The code that that HUD        code        this          number               these                     Required the entry     The                              "Y" for     Enter "Y" if all
HUD uses to uses to
identify this identify this
                              number
                              for the
                                          entrance
                                          to the
                                                        the PHA
                                                        uses for
                                                                             fields                    for WU to this
                                                                                                       and ES unit is
                                                                                                                              number of
                                                                                                                              bedrooms The type of tenant
                                                                                                                                                               Yes or
                                                                                                                                                               "N" for
                                                                                                                                                                           information
                                                                                                                                                                           has been
                                                                                                                                                                                            Indicates the
                                                                                                                                                                                            type of unit being
PHA           project         building    building      this unit.           blank                     type units located.    in the unit occupying the unit   No          supplied         uploaded.

                                                                                                                                                             Indicate
                                                        For some                                                                                             if the unit                    FA=Family Unit
                                                        PHAs this                                                                                            is in the     "Y" indicates    EL=Unit
                                                        may be                                         Optional                                              ACC -         the unit         designated as
                                                        the same                                       for SF,                           Leave blank if unit Annual        information is   Elderly Unit
                                                        as the                                         SD, and                           is vacant, a non-   Contri-       complete &       ND=Non-
                                                        door                                           RW type                           dwelling unit, or a butions       ready for HUD    Dwelling
                                                        number.                                        units                             merged unit         Contract      approval.        MU=Merged Unit
                              -------     -------       -------
                              Not the     Not the
                              number      number of
                              of          entrances                                                                                      EM = Employee
                              buildings   that are in   Not how                                                                          LE = Law
                              in the      the           many                                                                             Enforcement
                              develop     develop-      units                                                                            RT = Regular
                              ment.       ment.         there are.                                                                       Tenant




  PIC Developemnt Submodule User Manual                                                                                                                                                                     C-1
                 Guidance for Completing the Building Spreadsheet - PIC                                                                     P113PT_DEVELOPMENT_BUILDING_ENT
C:\PIC\Guidance\Bldg-Unit Uploads-11-19-03.xls                                                                                                                                                                 DMcM 11/19/2003

      A                B                 C              D                   E                F          G               H               I              J            K          L         M        N        O           P
Once these three fields are approved the
       data cannot be changed !
                             building_                                                                                                                           address_                               basic_       zip_
development building_        number_     building_                   building_ type_       floor_                 construction_     comment        address_       line2_     city_     county_ state_    zip_      extension
 _ number      number        entrance     name                            code             count    unit_ count       date            _text       line1_ text       text     name       name code        code       _code

                                                                                                                                                                               for        for              for
  for instance     for instance      for instance   for instance        for instance                                for instance                  for instance              instance   instance         instance   for instance
   IL013001   001001          1        null                                RW                2          1          3/31/1989          NA         123 N Elm         NA       Chicago        IL
                                                                                                                                                                                        Cook    60606               1234
Alphanumeric                                                                                                                        A/n max.                                              Max. Numeric             Numeric
   max. 11   A/n max. 6 A/n maximum 3 Max. 50                          Maximum 5          Integer     Integer         Date            255           Max. 255     Max. 255 Max. 50 Max. 50   2   max. 5              Max. 4
                                                                                                                                                 Use the
                                                                                                                                                 address the
                                                                                         Total     Total                                         police and
                                                                                         number of number of                                     fire
The code that     The PHA's       PHA's code        Name of                              floors    dwelling                                      department
HUD uses to       code for        number for this   the                                  served by units served Optional, but if a               use for this
identify this     this            entrance to the   building - Description of the        this      by this      date is entered                  building/                                              5 digit Optional 4
project           building        building          optional building                    entrance entrance      use the format: Optional         entrance     Optonal                                   zip code digit code
                                                                                                                 MM/DD/YYYY

                                                                   ES=Elevator                       Include
                                                                   Structure*                        spaces
                                                                   RW=Row or                         which were
                                                                   Townhuse                          originally
                                                                   SD=Semi-Detached      Includes used as                          General                        After HUD approval of the building and unit
                                                                   SF=Single             floors with dwelling                      comments                      data, there are 5 identifications which cannot
                                                                   Family/Detached       units and units and                       about the                     be changed: 1 - the PHA ID (ie. IL002); 2 -
                                                                   (duplex)              floors      have not   Must not be        building or                      the development (project) ID;      3 - the
                                                                   WU=Walk-Up/           without     been de-   greater than the   building                      building ID; 4 - the entrance ID; and 5 - the
                                                                   Multifamily Apt.*     units       programed. current date.      entrance                                         unit ID.
                  -------- -----------
                               Not how many
                  Not how      entrances there
                  many         are in the
                  buildings building, nor a
                  there are in secondary                           * Use door numbers
                  the develop service                              in Unit Spreadsheet
                  ment.        entrance.                           (table).




PIC Development Submodule User Manual                                                                                                                                                                                 C-2
                Appendix D
         Instructions for CSV File Format
                        and
Table for the Field References on the Upload Error
                    Report Page
                                                                           Office of Public and Indian Housing

                                                                                               PIH Information Center


Uploading Building and Unit Data Using a Comma Separated
Values(CSV) File
A CSV file allows you to export the values in a database table as a series of ASCII text lines. A bar “|” separates each column
value from the next column value, and each row starts a new line. When you decide to submit your data in the CSV format you
must ensure that the text file is correctly formatted. Each row of data must be structured in the order that is specified in the
detailed instructions listed below, . Also the rows must contain the appropriate data elements for that particular column. If a
specific column for a row of data is not available and is not required you must still insert a placeholder for that column by adding
a |. Please follow the detailed instructions on the file layout and content.

File Format
You will be required to submit a separate file for your building and unit records.
1. All files should have .csv as the file extension, for example; mybuilding.csv.
2. The first row of all files must contain a header that identifies the subsequent records.
3. All rows of data records must be separated by a new line or hard return.
Examine the example below for guidance on how to format your data for submission to HUD..

Example of unit records in CSV format. File name: myunit.csv
development_number|building_number|building_number_entrance|building_name|buidling_type_code|floor_count|unit_count|co
nstruction_date|comment_text|address_line1_text|address_line2_text|city_name|county_name|state_code|basic_zip_code|zip_exte
nsion_code
AKP001005 | 300 | 1 | Plaza 1 | EL | 12 | 10000 | 06/06/2000 | high rise Building | 1401 SOUTH Street | | Some City | Some
County | AK | 20001 | 1002
AKP001005 | 302 | 1 | Garden | EL | 12 | 10000 | 06/06/2000 | high rise Building | 1401 SOUTH Street | | Some City | Some
County | AK | 20001 | 1002

Example of two Building Records in CSV format. File name: mybuilding.csv
participant_code|development_number|building_number|building_number_entrance|unit_number|ssn_head|first_name|last_name|
occupancy_date|door_number|floor_number|bedroom_count|unit_tenant_type_code|acc_unit_ind|unit_details_complete_ind|unit_
type_code
AK001| AK00100511 | 3 | 1 | A1234 | 111111111 | FIRST NAME | LAST NAME | 05/18/2000 | A1 | 3 | 2 | RT | Y | Y | FA
AK001| AK00100511 | 3 | 1 | A1236 | 111111111 | FIRST NAME | LAST NAME | 05/18/2000 | A1 | 3 | 2 | RT | Y | Y | FA




PIC Development Submodule User Manual                                                                                           D-1
                                                                    Office of Public and Indian Housing

                                                                                        PIH Information Center


Detail instructions for data
                                        Building Template
 No.   Building Field               Description                 Instructions                                 Data Type /
                                                                                                             Field Length
 1.    Development Number           The code that HUD uses      Should not be blank.                         Alphanumeric
                                    to uniquely identify
                                    developments managed        Should be a valid Development number         Max 11
                                    by a Housing Authority.     in PIC.
                                                                Character position 1- 5 is the Participant
                                                                Code, character position 6 - 8
                                                                Development Number and character
                                                                position 9 -11 optional suffix.
 2.    Building Number              The code that uniquely      Should not be blank.                         Alphanumeric
                                    identifies a building
                                    structure.                                                               Max 6

 3.    Building Entrance Number     The code that uniquely      Should not be blank.                         Alphanumeric
                                    identifies a building
                                    entrance within a           If only a single Building Entrance enter     Max 3
                                    development / building.     “1”.
                                                                The particular entrance corresponds to a
                                                                unique postal address.
 4.    Building Name                The name of the             Optional.                                    Max 50
                                    building.
 5.    Building Type Code           Provides a description of   Should not be blank.                         Max 5
                                    the architecture of a
                                    building or building        The allowable values are:
                                    entrance.                   •   ES - Elevator Structure
                                                                •   RW - Row or Townhouse Style
                                                                •   SD - Semi Detached
                                                                •   SF - Single Family/Detached
                                                                •   WU - Walkup/Multifamily Apt.
 6.    Floor Count                  The number of floors in     Should not be blank.                         Integer
                                    the building where units
                                    that can be occupied
                                    exist.
 7.    Total Unit Count             Number of units within a    Should not be blank.                         Integer
                                    building or building
                                    entrance.                   In the units template, the number of units
                                                                assigned to this particular building
                                    This total includes non-    cannot exceed this count.
                                    dwelling, and merged
                                    units.
                                    This total does not
                                    include fully demolished
                                    or disposed units.




PIC Development Submodule User Manual                                                                                  D-2
                                                                     Office of Public and Indian Housing

                                                                                        PIH Information Center
 No.   Building Field               Description                  Instructions                             Data Type /
                                                                                                          Field Length
 8.    Construction Date            The completion date of       Optional.                                Date
                                    the development.
                                                                 A valid date in the format
                                    For developments with        MM/DD/YYYY. The date should not be
                                    multiple buildings, this     greater than the current date.
                                    is the completion date of
                                    the last building that was
                                    complete.
 9.    Comment Text                 General comments about       Optional.                                Max 255
                                    the building or building
                                    entrance.                    General comments about the building or
                                                                 building entrance.
 10.   Address Line1 Text           Number and Street            Should not be blank.                     Alphanumeric
                                    (Building or Building                                                 Max 255
                                    Entrance)
 11.   Address Line2 Text           Street/Suffix                Optional.                                Max 255
                                    (Building or Building
                                    Entrance)
 12.   City Name                    City                         Should not be blank.                     Max 50
                                    (Building or Building
                                    Entrance)
 13.   County Name                  County                       Should not be blank.                     Max 50
                                    (Building or Building
                                    Entrance)
 14.   State Code                   State                        Should not be blank.                     Max 2
                                    (Building or Building        A valid two-character code to identify
                                    Entrance)                    the state.
 15.   Basic Zip                    Zip code                     Should not be blank.                     Numeric
                                    (Building or Building                                                 Max 5
                                    Entrance)
 16.   Zip Extension Code           Zip code suffix              Optional.                                Numeric
                                    (Building or Building                                                 Max 4
                                    Entrance)




PIC Development Submodule User Manual                                                                               D-3
                                                                    Office of Public and Indian Housing

                                                                                        PIH Information Center

                                             Unit Template
    No.   Unit Field                 Description               Instructions                               Data Type /
                                                                                                          Field Length
    1.    Participant Code           The code that HUD         Should not be blank.                       Alphanumeric
                                     uses to uniquely
                                     identify individual       Should be a valid Participant Code.        Max 5
                                     Housing Authorities.
    2.    Development Number         The code that HUD         Should not be blank.                       Alphanumeric
                                     uses to identify all
                                     developments that         Should be a valid Development Number       Max 11
                                     belong to the housing     in PIC.
                                     authorities.              Character position 1-5 Participant Code,
                                                               character position 6 - 8 Development
                                                               Number and character position 9 -11
                                                               optional suffix.
    3.    Building Number            The code that uniquely    Should not be blank.                       Alphanumeric
                                     identifies a building
                                     structure within a        Should be unique across developments.      Max 6
                                     development.
    4.    Building Entrance Number   The code that uniquely    Should not be blank.                       Alphanumeric
                                     identifies a building
                                     entrance within a         If only a single Building Entrance enter   Max 3
                                     development / building.   “1”.
                                                               The particular entrance corresponds to a
                                                               unique postal address.
    5.    Unit Number                Unit number within a      Should not be blank.                       Alphanumeric
                                     building (e.g., Apt #).
                                                                                                          Max 10
    6.    SSN Head                   The social security       Optional.                                  Numeric
                                     number of the head of                                           1
                                     the household for each    Should be blank if the unit is vacant .    Max 9
                                     unit.                     Should be blank if the Unit Type is ND
                                                               (Non-Dwelling) or MU (Merged Unit).
    7.    First Name                 First name of head of     Optional.                                  Alphanumeric
                                     household occupying
                                     unit.                     Should be blank if the unit is vacant.     Max 25
                                                               Should be blank if the Unit Type is ND
                                                               (Non-Dwelling) or MU (Merged Unit).
    8.    Last Name                  Last name of head of      Optional.                                  Alphanumeric
                                     household occupying
                                     unit.                     Should be blank if the unit is vacant.     Max 35
                                                               Should be blank if the Unit Type is ND
                                                               (Non-Dwelling) or MU (Merged Unit).




1
 The Social Security Number field should be populated for all occupied units. If the unit is vacant, no social
security number is required in this field.


PIC Development Submodule User Manual                                                                                   D-4
                                                                     Office of Public and Indian Housing

                                                                                         PIH Information Center
 No.   Unit Field                   Description                 Instructions                                 Data Type /
                                                                                                             Field Length
 9.    Occupancy Date               The date that a tenant      Optional.                                    Date
                                    occupies a unit. This
                                    date must be the later of   A valid date in the format
                                    the lease date or move-     MM/DD/YYYY.
                                    in date.                    Should be blank if the unit is vacant.
                                                                Should be blank if the Unit Type is ND
                                                                (Non-Dwelling) or MU (Merged Unit).
 10.   Door Number or               The code that is used to    Should not be blank for multiple units       Alphanumeric
                                    uniquely identify each      in a single building (For example,
       Apartment Number             unit within a specific                                                   Max 5
                                                                elevator structure or multifamily apt.).
                                    building.
                                                                Should be blank for one unit in a single
                                                                building (For example, Townhouse or
                                                                Single Family).
 11.   Floor Number                 Refers to the floor         Should not be blank.                         Alphanumeric
                                    number on which each
                                    unit is located within a    This value should be (1) for the             Max 3
                                    building.                   following building types:
                                                                •    RW - Row or Townhouse Style
                                                                •    SD - Semi Detached
                                                                •    SF - Single Family/Detached
 12.   Bedroom Count                Number of bedrooms in       Should not be blank.                         Integer
                                    a unit.
                                                                Should be greater than or equal to zero.
 13.   Unit Tenant Type             Indicates the type of       This field should not be blank if the unit   Max 5
                                    tenant who is occupying     is occupied:
                                    the unit.                   •    EM - Employee
                                                                •    LE - Law Enforcement
                                                                •    RT - Regular tenant

                                                                Should be blank if the unit type is ND
                                                                (Non-Dwelling) or MU (Merged Unit).

                                                                A HUD 50058 form is not required if
                                                                the unit tenant type is EM or LE.
 14.   ACC Unit Ind.                Indicates whether a unit    Should not be blank.                         Max 1
                                    qualifies under the
                                    Annual Contribution         Must be either Y or N.
                                    Contract (ACC)
                                    program.


 15.   Unit Details Complete Ind.   Indicates that the unit     Should not be blank.                         Max 1
                                    information which is
                                    being uploaded in the       This column should always be set to Y.
                                    spreadsheet is complete
                                    and ready to be
                                    submitted to HUD for
                                    approval.




PIC Development Submodule User Manual                                                                                      D-5
                                                                 Office of Public and Indian Housing

                                                                                    PIH Information Center
 No.   Unit Field                   Description             Instructions                              Data Type /
                                                                                                      Field Length
 16.   Unit type                    Indicates the type of   Cross check in the code table if such a   Max 5
                                    unit that is being      code exists.
                                    uploaded.
                                                            The allowable values are:
                                                            •   FA - Family Unit
                                                            •   EL - Designated as Elderly Unit
                                                            •   ND - Non-Dwelling
                                                            •   MU - Merged Unit




PIC Development Submodule User Manual                                                                               D-6
       Section 27 –Certifications - Annuals and Interims


ANNUAL CERTIFICATION
    MaineHousing/Agents will reexamine household income and composition (1) every
    12 months, (2) when a family moves to a new unit, even if the new unit is in the
    same building or complex and (3) when there is a utility structure change, governing
    tenant or owner responsibilities, that necessitates the execution of a new HAP
    contract and lease. (The landlord must give a 60-day written notification of this
    change to both the Tenant and the Agent. Verbal notice is not considered adequate
    notification).

           Utility Structure changes cannot be done in an Interim action. They require an
               Annual action because they require a NEW LEASE and a NEW HAP
               CONTRACT (not just a HAP Contract Amendment Letter), therefore:
            This action is to be processed as an Annual certification in Elite.
            Because the HAP and Lease must be concurrent, the annual date will be
               updated to reflect this change on both the HAP and the lease.
            This action will change the timeframe of the initial term of the lease.
            Verifications, if older than 60 days, will need to be recertified.
            For tenant-paid utilities, the latest UA schedule currently in effect is to be
               used (as though the family was moving into the unit).

       All annual activities will be coordinated in accordance with HUD Regulation 24
       CFR Section 982.516.


FORMS
    Household Personal Declaration Form
    At each annual certification, all participants must fill out a new Household Personal
    Declaration.

       HUD Form - 92006
       See HUD PIH 2009-36 Notice (9/15/09), Supplement to Application for Federally Assisted
       Housing, (Attachment A). See form at end of this section.
        This form is used to facilitate the contact between a housing provider and
       person/organization designated to the family to assist in delivery of services or
       special care that could also help resolve any issues that may arise during their
       tenancy. MaineHousing/Agent cannot require an applicant or participant to
       provide this information, but applicants must sign, date and return the blank
       form!

       The HUD- 92006 form must accompany the Household Personal Declaration.
       Families are to be given this form with their initial application, each annual
       certification, a move-out or a port-out.



Revised 5-26-11                               -1-
NOTIFICATIONS
     Notification of Upcoming Annual Recertification
     Agents will contact families to ask them to supply updated household information
     approximately 90-120 days prior to the effective date of their annual certification to
     have ample time for Agent to obtain all required verifications and to provide
     reasonable advance notice to both the family and the property owner of any change
     in the family share and HAP.

       MaineHousing/Agent will make every attempt to complete the certification at least
       45 days prior to the effective date, and will notify the family and owner in writing
       of any change in rent portions.

       Notification of Outcome of Annual Certification / HAP Amendment
       Notification to both tenant and landlord is made with HAP Amendment Contract
       Letter generated from Elite.

               A 30-day notice IS required when there is an increase in the family’s
               portion of the rent.

               A 30-day notice IS NOT required when the family’s portion remains the
               same, or decreases. The tenant and landlord will be sent a HAP
               Amendment Contract letter as soon as possible.


LATE PAPERWORK/REPORTING
     When late annual paperwork IS the fault of the family:
     For annual paperwork arriving at “the last minute”, hampering
     MaineHousing/Agent’s ability to properly process the annual, the family will forfeit
     its right to 30-day notification for an increase in their portion of the rent.
     MaineHousing/Agent must note both in Elite and in the file to document
     reason 30-day notice was not given to family.

       If processing the late certification results in Elite deducting money from the
       landlord’s check, the Agent must notify their Financial Officer to delete the
       adjustment in Elite, and the Agent will send repayment notification to the family for
       the amount owed.

       When a family does not respond to the Agent’s first request for paperwork, the
       Agent will mail a second request. The second request will be more forceful in
       nature, reminding the family that submitting annual recertification information is
       part of their family obligations and failure to do so could result in termination. This
       letter will also give instructions on how the family must comply.




Revised 5-26-11                             -2-
      HUD HCVP Guidebook states in Chapter 12, Reexamination Procedures (P. 12-3)
      that when a family does not respond to this second request, the Agent must send a
      termination notice to both the family and owner. Send the notice a minimum of 30-
      days prior to the effective date of the Annual. (See Section 19 Termination of Assistance
      and Section 20 Informal Reviews & Hearings or further guidance).

      If family can prove delay was due to circumstances beyond their control, (e.g.,
      hospitalization):
      MaineHousing/Agent will process the annual based on the information that is
      currently available and submit to PIC; and then follow up with an interim.

       MaineHousing/Agent will do a retroactive Interim IF it is in the family’s
        favor, (i.e., the family’s portion of the rent either decreases or remains the
        same).

       If the verification increases the family’s share of rent, the Agent will do a future
        Interim, to allow for proper 30-day notice to both the family and the landlord.


      When late annual paperwork IS NOT the fault of family:
      If late annual paperwork is due to late third party verification or Agent error, process
      the Annual with the information currently available and submit to PIC. Once
      verification is received:

       MaineHousing/Agent will do a retroactive Interim IF it is in the family’s
        favor, (i.e., the family’s portion of the rent either decreases or remains the
        same).

       If the verification increases the family’s share of rent, the Agent will do a future
        Interim, to allow for proper 30-day notice to both the family and the landlord.



INTERIM CERTIFICATION

      See changes in income interims: Effective 6-24-10: (See also Section 13 of
      MaineHousing Administrative Plan).


      Rules of Thumb:
      Interims are always executed for the first day of the month. The only exceptions are
      a Mod Rehab or Project-Based Contract Rent increase which would be effective on
      the actual contract renewal date and, in exceptional circumstances, an interim retro
      to a mid-month move-in date to correct move-in information (contact your financial
      officer).




Revised 5-26-11                             -3-
       No 30-day notice is required when there is an increase in the HAP portion, with a
       decrease or no change, in the tenant’s portion. The 30-day notice is required when
       there is an increase in the tenant’s portion.


INCOME INTERIMS
    Reduction in Family Share (e.g., loss of income source (wage or non-wage))
    A change resulting from a loss in income thereby reducing the Family’s share of the
    rent will be effective as of the first of the month following the “date of the reported
    change”, provided the change was reported in writing within 14 calendar days.

       Unemployment Compensation
       When a tenant notifies the Agent that they are no longer employed, and there is no
       other source of income in the household:

       The Agent will ask the tenant:
             (1) Are they eligible for unemployment benefits?
             (2) Can they provide a copy of a written notification from their employer
             stating the end date of their employment?
             (3) To provide employer contact information (for direct third party
             verification by Agent requesting):
                      (a) A log of the tenant’s wages for the previous 12 months from the
                      employer.
                      (b) The end date of employment.

       If the tenant indicates they are eligible to receive unemployment benefits, then the
       Agent will request that the tenant supply the notice of benefit amount when they
       receive it and the Agent will also send a direct verification to:
                        BUC Administration
                        Maine Department of Labor
                        47A State House Station
                        Augusta, ME 04333-0047

       Until the Agent has received the actual unemployment benefit amount, the
       Agent will apply a “Minimum Weekly Benefit” amount (provided by DOL on
       11-19-10) of $62.00. The Agent will make an adjustment following receiving the
       actual benefit amount.

       If the landlord has concerns regarding the HAP amount, the Agent will explain to
       the landlord that once the Agent has received the income verification, the HAP will
       be corrected in their next HAP check.

       If the Agent does obtain the earnings for the previous 12 months, the
       Department of Labor (11-19-10) has provided the following test to use to determine
       whether an individual is eligible for benefits or not:

       Divide the previous 12 months wages into 4 quarters and apply 2 eligibility tests:



Revised 5-26-11                             -4-
               Test 1 - Did they earn at least $1,382.66 in two of the four quarters?

               Test 2 - Did they earn at least $4,147.98 in total for all four quarters?

       The answer to BOTH tests must be YES in order for the tenant to be eligible to
       receive Unemployment benefits. When the participant is eligible the following
       formula would then be applied to determine the amount of benefit:

       Average the two highest quarters and divide by 22 to get the equal weekly benefit.

       NOTE: The DOL also indicated that if an individual is laid off due to lack of work
       then the benefit amount will be determined and they will be notified within 1 week
       via post. However, if the loss of employment is due to any other kind of separation
       the turnaround time is generally 4-6 weeks before the individual will know if they are
       going to receive benefits.

   When the tenant has indicated they are not eligible for unemployment benefits, the
Agent will:
       (1) Send tenant a zero income questionnaire (Done quarterly).
       (2) Send direct third party verification request to DOL, to support ineligibility status
            provided by tenant:
                       BUC Administration
                       Maine Department of Labor
                       47A State House Station
                       Augusta, ME 04333-0047


                                                                Date of          Effective Date
                                                               Reported            of Interim

         Tenant loses job on May 28, 2010 and reports         May 28, 2010        June 1, 2010
         Reports in writing within 14 days:                     Change

         within 14 days, on June 3, 2010
         Tenant loses job on June 7, 2010 and reports          June 7, 2010        July 1, 2010
         within 14 days, on June 10, 2010

                                                                 Date of         Effective Date
                                                                Reported           of Interim

         Tenant loses job on June 7, 2010 and doesn’t          June 7, 2010        Aug 1, 2010
         Does not report within 14 days:                         Change

         report until July 5, 2010


       Increase in Family Share (e.g., increase in income source (wage or non-wage))
       For a change resulting in an increase in the family’s share of the rent caused by an
       increase in family income the change will be processed at the time of the family’s
       annual recertification.



Revised 5-26-11                              -5-
       In the case of seasonal or sporadic employment the family’s annual income will be
       annualized by using the most recent IRS income tax return or other documents
       including EIV (Enterprise Income Verification) reports.

       Families are still required to report family composition changes in writing within 14
       days of change. Families are encouraged to report income changes but are not
       required to report until the annual.

       EXCEPTIONS TO INCOME INTERIMS
          Zero Income Exception: A family with no regular, recurring income will be
           required to submit a quarterly income certification. When the family first
           obtains regular, recurring income, it will be charged its share of the rent
           based on the increased income.

               When the family reports in writing within 14 days, MaineHousing/Agent
               must give 30-day notice to process this interim. Families who do not report
               the income will be charged an increase in the Family’s share of the rent
               retroactive back to the date of the unreported income began, and the family
               will not receive the 30-day notice benefit. The family must repay the HAP
               overpayment under a repayment agreement or in full.

            New Household Member Income Exception: When a new household
             member is added, an interim certification will be processed to add any
             income this individual has to the total household’s income. Existing
             household member income does not need to be re-verified or updated when
             new household members are added unless the change happens to occur at
             the family’s annual re-examination.


EARNED INCOME DISALLOWANCE (EID)
    Families eligible for the mandatory earned income disallowance under HUD
    regulations will have the months with increased earned income applied to the
    disallowance time limits and may be charged an increase in the Family’s share of the
    rent on a retroactive basis if time limits have been exceeded.


FSS PROGRAM
      Family Self-Sufficiency Participants who notify MaineHousing/Agent of an increase
      in wages will be given the choice of having an interim examination in order to
      increase their escrow account deposits, or can wait until their annual recertification
      to increase their total share of the rent.


OTHER INTERIMS




Revised 5-26-11                             -6-
      OWNER RENT INCREASES
      • 60-day written notice. HUD requires that landlords must give a 60-day written
        notice to both the tenant and Agent before a rent increase can take effect for
        subsidized units. Verbal notice is not considered adequate notification.
        Maine State law requires a 45-day notice of its landlords for rent increases,
        however, MaineHousing will follow HUD’s 60-day guideline for subsidized
        units. In lieu of issuing whole new HAP contract for rent increases the Agent
        will send a HAP Contract Amendment (letter) to the tenant and copying the
        landlord to give 30-day notice of this change. This action is processed as an
        Interim certification in Elite.

      •   Initial Term of the Lease. An owner cannot request a rent increase within the
          first year of lease (except for Rural Development Section 515, HUD 236, 202 or
          221(d) (3), Mod-Rehab and Project-Based voucher properties). The rent increase
          process can start a couple of months in advance, (i.e., a 1-yr lease begins on July
          1, 2005 and expires on June 30, 2006. In April, you can begin processing the
          request so it can be effective July 1).

      •   Rent Reasonableness. Rent increases require a “rent reasonableness test” is
          performed and the rent passes in comparing unit amenities and features
          applicable to this unit to other comparable units selected through Elite. The
          requested rent cannot exceed the highest rent selected. (See Section 26 – Reasonable
          Rent for more details.).

          If the Rent Reasonable test results indicate the new rent amount is not
          acceptable a negotiation with the landlord must be attempted to reach a
          compromised rent increase. When a rent increase request is denied the landlord
          must be sent a denial letter with an opportunity to provide 3 comparable
          properties.

          Rural Development (and other subsidized) properties do not have to have this
          rent reasonableness test performed because their subsidized rents have already
          been approved.

       UA Schedule. If the tenant is receiving a utility allowance for tenant-paid
        utilities, the Agent is to use the UA schedule currently in use at this unit,
        opposed to using the latest UA schedule in effect if different.



      FAMILY COMPOSITION CHANGES
           A family must report in writing all changes in household composition within
           14 calendar days. MaineHousing/Agent must follow-up when a family
           reports verbally (by phone), to request they also put their change in writing.




Revised 5-26-11                            -7-
               Increase in Bedroom Allocation/Voucher Size (Adding household
               member)
               If the family size increases, and the household composition change requires
               that a larger voucher size be given to the family, the change will be made as
               soon as funds are available, and/or lease obligations are fulfilled.

               If the current unit size is equal to, or larger than the voucher size (i.e.,
               voucher size is 2-bedroom; actual unit size is 3-bedroom and family now
               qualifies for the 3-bedroom), because the lease obligations are already met
               (the tenant is staying in same unit), the family is immediately eligible for the
               increase in voucher size.

               If the actual unit size is smaller that the new voucher but the tenancy is still
               within its first year (initial term) of the lease, a mutual termination of the
               lease must be reached between tenant and the landlord in order for the
               family to move. If a mutual recession cannot be reached, the family must
               complete the lease obligations, and may choose to move once the initial lease
               term has been fulfilled.

               Prior to adding a new member to the household, tenants must make a
               request in writing both to the owner and to the Agent to add this individual
               to their household (and to their lease). MaineHousing/Agents will send out
               the “New Household Member Packet”, requiring a 14-day turn-around in
               response from the tenant. Adult household members must be screened for
               eligibility.

      Form Requirements for Adding a Household Member:

       Household Personal Declaration                            A letter from Landlord stating dependent
                     FOR AN ADULT                                            FOR A DEPENDENT

                                                                 is allowed to reside in the unit.
       HUD 9886 Authorization for the Release of                 Completed Declaration of Section 214
       Information                                               Status (if new household member is under
                                                                 18 years old this form should be signed by
                                                                 the guardian).
       General Authorization to Release Information              Viewing and obtaining a copy of authentic,
                                                                 valid Social Security Number documentation.
       Declaration of Section 214 Citizenship Status             Certificate of Birth or other official record of
       Form                                                      birth.
       Consent form for Screening of Criminal
       Activity and Registered Sex Offender Status
       and Certification Regarding Drug Use and
       Other Criminal Activity.
       A letter from your Landlord stating the new
       household member is allowed to reside in the
       unit.
       Viewing and obtaining a copy of authentic, valid
       Social Security Number documentation.
       Certificate of Birth or other official record of birth.




Revised 5-26-11                                       -8-
             Decrease in Bedroom Allocation/Voucher Size (Losing household
             member)
             If the family size decreases, MaineHousing/Agent will assign a smaller
             voucher size/bedroom allocation. The family will be allowed to stay at the
             larger voucher size until the effective date of the household’s next annual
             certification or the next change of unit, whichever occurs first.

             Frequently, a decrease in family size will bring about a change in the HAP
             amount received. For example, if an adult leaves the household, a major
             wage source may go with that individual. Or if a child leaves the household,
             the Agent must do third party verifications with DHHS because of possible
             reduction in TANF and food stamp benefits, child support, or may take any
             child care expenses the tenant may have previously claimed. It would also
             take away the $480 child deduction the family previously received.




Revised 5-26-11                           -9-
   New HUD 92006 Form




Revised 5-26-11         - 10 -
New! Application/Household Personal Declaration Form:
   APPLICATION/PERSONAL DECLARATION FOR SECTION 8                                                                                                 Date & Time Received:
   HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS
   MaineHousing (Maine State Housing Authority), 353 Water Street, Augusta, ME 04330
   207/624-5789 or 1-866-357-4853 (Voice); 1-800-452-4603 (TTY); 207/624-5713 (Fax)
   Maine State Housing Authority (“MaineHousing”) does not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age, physical or mental disability, or familial
   admission or access to, or treatment or employment in its programs, and activities. MaineHousing will provide appropriate communication auxiliary aids and services upon sufficient notice. MaineHous
   provide this document in alternative formats upon sufficient notice. MaineHousing has designated the following person responsible for coordinating compliance with applicable federal and state nondi
                                                                                        requirements and addressing grievances:
                                         Louise Patenaude, Maine State Housing Authority,
                                                                                    353 Water Street, Augusta, Maine 04330-4633,
                                                             Telephone Number (207) 626-4618 or 1-800-452-4668 (voice), or 1-800-452-4603 (TTY)



    We need your help to ensure all of our programs, services and activities are fully accessible to persons with disabilities. If you, or anyone in your family, encounters any type of barrier that prevents the
                                                   The Fair Housing Law of 1988, Section 504 of the 1973 Rehabilitation Act; and Americans with Disabilities Act.

   receiving the full benefit of the Section 8 Housing Choice Voucher Program, please contact us. You can also contact the Fair Housing and Equal Opportunity National toll-free hot line number: 1-800-42
     Do you, or anyone in your family, have disabilities requiring a specific accommodation in order to fully utilize our
     forms, programs, or services?
     Is anyone in your family, including yourself, limited in their ability to read, write, speak or understand English in
                                                                                □ Yes □ No

     order to fully utilize our forms, programs or services?
     If you have answered Yes, please contact your housing agent for assistance.
                                                                                  □ Yes □ No




 Please print all answers clearly. Answer all questions. Do not leave any questions blank. If a question does not apply to you, write “NA” as your answer. All Yes/No questions must be checked off. Use the f
                                                                                     Incomplete applications cannot be processed!

 name of each person as it appears on their social security card. The legal head of household and spouse or other adult (if any) must sign and date this application form in order for it to be proces
 do not have enough space to fill in your answers, attach a sheet of paper to complete the form. If you do not understand a question on this form, please call your housing agent for assistance.
   Name of Head of Household:                                                                                                                 Home Phone Number:


   Mailing Address/P. O. Box:                                                       Apt No.                                                   Cell Phone Number:


   Street Address/Physical:                                                                                                                   Work Phone Number:


   City:                                                   State:             Zip Code:                                                       Email Address:


   List your previous addresses for the last three years:

   1.
   Street Address:                                                                              City:                                                       State:                                 Zip:

   2.
   3.
   4.
   5.

   □ Yes □ No                    I am in a shelter for the homeless, transitional housing, welfare motel or other place not ordinarily used for or designed for sleeping. (You must be able to provide writ
   Certification for Preference:


   □ Yes □ No                    I currently live or work in the State of Maine.
                                 verification of homelessness at the time subsidy is issued.)

   □ Yes □ No                    Are you currently participating in the BRAP Program under a homeless preference?
   □ Yes □ No                    Are you currently participating in the RAC Program?
   □ Yes □ No                    Is either the Head or Spouse of your household Elderly or Disabled?
                                 If Yes, please check: □ Head □ Spouse □ Both
   #: _______                    <
List the number of people who will be residing in your household.

   Household Screening:

   MaineHousing screens all adult household members for drug-related criminal activities, violent criminal activities, sex offenses and sex offender registrations, debts owed to housing agencies, and alc
   related crimes. If you answer “Yes” to any of the screening questions below, you must also provide the following detailed information on a separate, attached sheet of paper: (1) Who in household co
   the crime, (2)What the crime was, (3) Where the crime occurred and (4)When the crime occurred (month/year).
   1. Have any household members ever been arrested for drug-related or violent criminal activity? Year: _______________                                                           □ Yes □ No


   2. Have any household members ever been arrested for a sex offense?                                                                                                                   □ Yes □ No
   State: _______________ Year: _______________
   
. Have any household members ever been arrested for any other crime?                                                                                                                 □ Yes □ No


   4. Have any household members ever been required to register as a sex offender?                                                                                                       □ Yes □ No
   State: _______________ Year: _______________
   5. Have any househol

members ever been convicted of a crime as an adult when they were under 18 years of age? Name:________________________________________
__                       □ Yes □ No


   6. Have any household members ever lived in Public Housing?                                                                                                                           □ Yes □ No


   7. Have an
 household me

ers ever been evicted from any Federally Assisted Housing?                                                                                                  □ Yes □ No




Revised 5-26-11                                                                 - 11 -
  8. Have any household members ever participated in the Sect
on 8 Voucher Program?                                                                                                      □ Yes □ No


  9. Do any household members owe money to any Housing Authority?                                                                                                                        □ Yes □ No
  If Yes, Amount

wed: $ _____________ to______________________________________




  HEAD OF HOUSEHOLD:                                           Social Security Number:                                Date of Birt
:                                       Disabled: □ Yes □ No



  Name:                                                                                             Age:                        □ Full-Time Student                        Sex: □ Male □ Female


  List alternate names or maiden names you have used:




  Race:       □ White □ American Indian/Alaskan Native □ Black □
Asian/Pacific Islander


  Ethnicity: □ Hispanic □ Non-Hispanic                                                         □ U. S. Citizen    □ Other: _______
_____________

______




  OTHER ADULT:                                                            Relationship to Head of Household:


                                                                                                                                                                  □ Other Adult
                                                                          □ Co-Head                                                                               □ Foster Adult
  Name:                                                                   □Spouse

                                                                          □ Full Time Student over 18 y
ars old                                                   □ Live in Aid



                                                                          If Full Time Student, please list School Name and Contact Information:
                                                                          __________________________________________________________
  Social Security Number :



  Date of Birth:                     Age: 
                               Disabled: □ Yes □ No                                                                    Sex: □ Male □ Female




  List alternate names or maiden names you have used:



  Race:       □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander

  Ethnicity: □ Hispanic □ Non-Hispanic                                                                     □ U. S. Citizen    □ Other: ________________________




  OTHER ADULT:                                                            Relationship to Head of Househo
d:


                                                                                                                                                                  □ Other Adult
                                                                          □ Co-Head                                                                               □ Foster Adult
  Name:                                                                   □Spouse

                                                                          □ Full Time Student over 18 years old                                                   □ Live in Aid



                                                                          If Full Time Student, please list School Name and Contact Information:
                                                                          ___________________
_____________

_______________________
  Social Secu
ity Number :



  Date of Birth:                     Age:                                 Disabled: □ Yes □ No                                                                    Sex: □ Male □ Female




  List alternate names or maiden names you have used:



  Race:       □ White □ American Indian/Alaskan Native □ Black □ Asian/Paci

c Islander

  Ethnicity: □ Hispanic □ Non-Hispanic                                                                     □ U. S. Citizen    □ Other: ________________________




  OTHER ADULT:                                                            Relat
onship to Head of Household:




Revised 5-26-11                                                                    - 12 -
                                                                                                                                                              □ Other Adult
                                                                   □ Co-Head                                                                                  □ Foster Adult
   Name:                                                           □Spouse

                                                                   □ Full Time Student over 18 year
 old                                                      □ Live in Aid



                                                                   If Full Time Student, please list School Name and Contact Information:
                                                                   __________________________________________________________
   Social Security Number :



   Date of Birth:                 Age:    
                        Disabled: □ Yes □ No                                                                       Sex: □ Male □ Female




   List alternate names or maiden names you have used:



   Race:      □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander

   Ethnicity: □ Hispanic □ Non-Hispanic                                                           □ U. S. Citizen      □

ther: ________________________




   MINOR:                                                                    Relationship to Head of Household:


   Name:                                                                     □ Youth Under 18 years old               
                                    □ Foster Child


   Social Security Number :                             Date of Birth:                  Age:         Sex: □ Male □Female                                   Disabled: □ Yes □No

   Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
   Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen         □ Othe
: ___________

________________



   MINOR:                                                                    Relationship to Head of Household:


   Name:                                                                     □ Youth Under 18 years old                        
                           □ Foster Child


   Social Security Number :                             Date of Birth:                  Age:         Sex: □ Male □Female                                   Disabled: □ Yes □N



   Race: □ White □ American Indian/Alaskan Native □ Black □ Asi
n/Pacific Islander
   Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen         □ Other: ___________
_____________

__



   MINOR:                                                                    Relationship to Head of Household:


   Name:                                                                     □ Youth Under 18 years old                                                    □ Foster Child


   Social Security Number :                             Date of Birth:                  Age:         Sex: □ Male □Female                                   Disabled: □ Yes □N
       



   Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Isl
nder
   Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen         □ Other: _________________________
___



   MINOR:

                                                                   Relationship to Head of Household:


   Name:                                                                      □ Youth Under 18 years old                                                   □ Foster Child



   Social Security Number :                              Date of Birth:                 Age:          Sex: □ Male □Female                                  Disabled: □ Yes □No            
   



   Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
   Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen         □ Other: _____________________________



   MINOR: 
                                                                   Relations

p to Head of Household:


   Name:                                                                      □ Youth Under 18 years old                                                   □ Foster Child


   Social Security Number :                              Date of Birth:                 Age:          Sex: □ Male □Female                                  Disabled: □ Yes □No                
    



     Race: □ White □ American Indian/Alaskan Native □ Black □ Asian/Pacific Islander
     Ethnicity: □ Hispanic □ Non-Hispanic                                            □ U. S. Citizen □ Other: _____________________________
 If you require space to list additional household members please call (207) 624-5789 to request a supplemental page.




Revised 5-26-11                                                             - 13 -
  Income includes money or contributions from ANY and ALL sources paid to, or for, a family member. Please provide income sources and amounts expected for the coming 12 months for all family mem
  Household Income

   Income Sources can include:


               Employment wage income including tips, commissions, profit sharing programs                                           Child Support payments (DHHS or parent)
               Self Employment Income                                                                                                TANF (DHHS)
               Income from a business you own                                                                                        General Assistance – regular payments
               Unemployment compensation                                                                                             Alimony payments
               Social Security (SS) & Supplemental Security Income (SSI) Benefits                                                    Disability Income
               Pensions, retirement accounts                                                                                         Real Estate you own
               Savings and Checking Account balances                                                                                 Stocks, bonds, trusts, other investments
               Regular Support from family or friends                                                                                Life Insurance policies
               State Supplement (DHHS)                                                                                               Educational Grants & Scholarships
               Food Stamps (DHHS)                                                                                                    Assets sold or given away in the past two years




                                                                        □ Weekly
  Please list the income in your household using sources of income listing above to help you:

                                                                        □ Bi-Weekly
  Family Member Name:                             Amount:                                               Income Source:                              Contact Information:

                                                  $ ______              □ Monthly

                                                                            □ Weekly
                                                                            □ Bi-Weekly
  Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                     $ ______               □
Monthly

                                                                            □ Weekly
                                                                            □ Bi-Weekly
  Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                     $ ______               □ Month
y

                                                                            □ Weekly
                                                                            □ Bi-Weekly
  Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                     $ ______               □ Monthly

                                                                            □ Weekly
                                                                            □ Bi-Weekly
  Family Member Name:                                Amount:                                            Income Source:                              Contact Information:

                                                     $ ______               □ Monthly




  Household Assets. Please list your household assets using the types of assets listed below to help you:
  Types of Assets can include:


            Savings and Checking Account balances                                                                          Real Estate you own
            Assets sold or given away in the past two years                                                                Stocks, bonds, trusts, IRAs, other investments
            Life Insurance policies

                                                $ ______________
  Family Member Name:                           Balance:                                       Type of Asset:                                       Contact Information:



                                                     $ ______________
  Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                     $ ______________
  Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                     $ ______________
  Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                     $ ______________
  Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:



                                                     $ ______________
  Family Member Name:                                Balance:                                  Type of Asset:                                       Contact Information:


  Have you or any member of your household sold or given away real estate property or other assets in the past two years? □ Yes □No



  If Yes, please describe, and include value:




  Household Expenses:


  If any adult household member is working OR a full time student and is required to pay child care for child/children under 13 years of age or disabled, please complete the information below:
  CHILD CARE EXPENSES:




Revised 5-26-11                                                             - 14 -
                                                                                                                                                                     □ Weekly
   Daycare Provider Name:                                                    Contact Information:                                                      Amount paid out of pocket:

                                                                                                                                                       $ ___________ □ Monthly




   MEDICAL EXPENSES

   Allowances for medical expenses are only considered for those households defined as “elderly family” (Head, Spouse or Co-Head is at least 62 years of age) or defined as “disabled family” (Head, Spou
   THIS SECTION IS TO BE FILLED OUT BY “ELDERLY” OR “DISABLED” HOUSEHOLDS ONLY:

   Head is a person with disabilities). Upon verification, if your family meets the definition of “elderly family” or “disabled family”, your household is eligible for deduction of qualified, unreimbursed (e.g.,
   reimbursed by any other source) medical expenses for ALL family members in your household.

   NOTE: We can only give you credit for your out-of-pocket expenses that exceed 3% of your gross income. If you do not believe your expenses exceed 3% of your gross income, you do not have to comple
   section. (For example, if your yearly income is $7,000 we can only give you credit for any out-of-pocket expenses that are over $210.)

   MaineHousing and its Agents follow the guidelines set forth in the IRS Publication 502 of qualified, allowable medical expenses. Medical expenses can include:



                Medical expenses not covered by insurance                                                           Dental, eye glasses or hearing aids
                Doctor or health professional services                                                              Live in Aid, attendant care or periodic medical assistance
                Health care facilities services                                                                     Auxiliary Apparatus (wheelchairs, ramps, vehicle adaptations, special equipment
                Medicines prescribed by a physician (prescription and/or non-prescription)                           the blind to read or write, vet and/or food bills for assistance animal
                Costs related to transportation to treatment


   1. Do you or your disabled or elderly spouse receive Medicare          2. Do you or your disabled or elderly spouse receive Medicaid            3. Do you or your disabled or elderly spouse receive Mainec
   Coverage:                                                              Coverage:                                                                Coverage:

   □ Yes □ No                                                             □ Yes □ No                                                               □ Yes □ No
   If Yes, who is covered?                                                If Yes, who is covered?                                                  If Yes, who is covered?
      □ Self □ Spouse □ Both                                                 □ Self □ Spouse □ Both                                                   □ Self □ Spouse □ Both


   4. Are you or your disabled or elderly spouse required to buy non-prescription medicines or supplies as required by your doctor? □ Yes □ No
   If Yes, please provide us with receipts for the items purchased. We can only give you the credit for the items listed on the actual receipts.

                                                                                                                    Monthly Amount: $ ___________
   List Medical Expenses by Family Member:
   Family Member Name:                                  Type of Medical Expense:                                                                              Contact Information:


   Family Member Name:                                  Type of Medical Expense:                                    Monthly Amount: $ ___________             Contact Information:


   Family Member Name:                                  Type of Medical Expense:                                    Monthly Amount: $ ___________             Contact Information:


   Family Member Name:                                  Type of Medical Expense:                                    Monthly Amount: $ ___________             Contact Information:


   Family Member Name:                                  Type of Medical Expense:                                    Monthly Amount: $ ___________             Contact Information:



   5. Do you have any un-reimbursed expenses as a result of you, your spouse’s, or your disabled child’s disability that enables any family member, 18 years or older, to work? If yes, please list them below
   DISABILITY ASSISTANCE EXPENSES




   MODERATE REHABILITATION subsidy is different from a Voucher. The difference is the building itself is subsidized rather than the tenant. That means you can have rental assistance while you are li
   Other Housing Options:

   building but you will lose your subsidy if you move from there. (You can be on the Moderate Rehabilitation waiting list at the same time you are on the Voucher list. Also, you can refuse a Moderate Reh
   unit without losing your placement on the Voucher list and you may remain on the Voucher list if you are living in a Moderate Rehabilitation Unit.)
   Do you want to be considered for openings in Moderate Rehabilitation buildings? □ Yes □ No

   PROJECT BASED VOUCHERS

   Assisted Living Buildings? □ Yes □ No                                                      Projects designated for victims of domestic violence, homeless youth, or supportive housing? □ Yes □ No
   Do you want to be considered for openings in:



  Household Certification:
 Warning: Title 18, Section 101 of the United States Code states that a Person is guilty of felony for knowingly and willingly making false or fraudulent statements to any Department or Agenc

  □ I certify that the information given to MaineHousing through their Agent, MaineHousing, regarding my household family members, income, assets, allowances and deductions is accurate and complet
 United States, and shall be fined not more than $10,000, or imprisoned for not more than 5 years, or both.

  best of my knowledge and belief.
  □ I certify all answers to criminal screening questions are accurate and current.
  □ I understand that I must report all changes in household income, assets, or family composition in writing to MaineHousing within 14 calendar days of the change.
  □ I understand that BEFORE I add an adult to my household I must obtain written permission from my landlord and must receive prior approval from MaineHousing.
  □ I understand that false statements or information are punishable under Federal Law. I also understand that false sta
ements or information are grounds for termination of housing assistance and term
  tenancy.
  □ Unless disclosed in asset information, I certify that neither I nor any member of my household has disposed of any assets for less than fair market val
e during the last two years.

   In signing this form, the undersigned certify that the information presented on this form is true and accurate to the best of their knowledge. The undersigned further understand that providing false
   misleading or incomplete information may result in the termination of housing assistance.
   Head of Household Signature                                                                                                                        Date




Revised 5-26-11                                                                 - 15 -
  Other Adult Household Member Signature                                                                                                                       Date

  Other Adult Household Member Signature                                                                                                                       Date

  Other Adult Household Member Signature                                                                                                                       Date

  Other Adult Household Member Signature                                                                                                                       Date

  Other Adult Household Member Signature                                                                                                                       Date




  Placement on the voucher waiting list based on this initial preliminary application does not ensure eligibility for a voucher. An applicant household that is offered a voucher will be subject to screening
                                                                                                         Note to Applicants:

  eligibility, criminal activity, including but not limited to, drug-related criminal activity, violent criminal activity, sex offenses including registration as a sex offender, and other criminal activity related to
  abuse and other matters. Depending upon the results of the screening, the applicant and their household members may be denied a voucher. A refusal by applicant or any adult household member to su
  signed consent form allowing MaineHousing through its Agent, MaineHousing, to obtain criminal records, and/or sex offender registration information will automatically disqualify the applicant househ
  participation in the Housing Choice Voucher Program.




Revised 5-26-11                                                                  - 16 -
        Section 28 –Verifications

HUD 24 CFR 982.516, 982.551, 5.230, New! HUD Notice PIH 2010-25
  1. MaineHousing/Agent must verify all information that is used to establish the family’s
     eligibility and level of assistance.
  2. MaineHousing/Agent is required to obtain the family’s consent to collect the information.
  3. Applicants and tenants must cooperate with the verification process as a condition of
     receiving assistance.
  4. MaineHousing/Agent cannot pass verification costs along to the participant. (See
     attachment to PIH Notice 2004-01 Verification Guidance (P.14) at end of this section).
  5. MaineHousing verification policies, rules and procedures may be modified as needed to
     accommodate persons with disabilities.
  6. New! MaineHousing/Agent must submit HUD-50058 Family Report information no later
     than 60-days from the effective date of the action (Line 2b). HUD will monitor timeliness
     of reporting and will penalize/sanction us for certification submissions older than 60 days.
     Agents must work closely with their MaineHousing Financial Officers for certifications
     nearing the 60-day deadline, so that FO’s can submit to PIC as soon as possible to avoid
     missing 60-day deadline. See below “Preventing Interim Delays – When Verifications are Late” for
     further information.

General
   File Verification Documentation
   To properly demonstrate how income and rent calculation amounts were derived, MaineHousing/Agent
   MaineHousing/Agent must highlight or circle the information on verification forms that they used for
   calculation amounts. The file record should be sufficient to enable staff, auditors, or HUD reviewers to
   understand the process followed and conclusions reached.

   Unnecessary paperwork (e.g., blank verification forms that were originally mailed to third parties)
   should be removed from the tenant file.

   In sufficient detail, the tenant file should document verification attempts/efforts and any decisions
   reached during the verification process to demonstrate that MaineHousing/Agent has followed
   verification policies:
       • Date and time of initial request and all follow-up dates.
       • Name of the company and person to whom the request was sent.
       • A notation or explanation for the reason of no response, if known.
       • All notations should be complete, dated, limited to facts (not opinions), and signed or initialized.
       • Under no circumstances will MaineHousing/Agent request an individual’s medical records.

   Documents must be:
      • Legible, not damaged or altered. If a document submitted by a family is illegible or
      • otherwise questionable, more than one of these documents may be required.
      • Current, (and consecutive (e.g., pay stubs) where applicable).



Revised 12-30-10                                                                         -1-
       •   Print-outs from web pages are considered original verification documents.
       •   Facsimile transmitted documents and electronically scanned documents are acceptable.
       •   Xeroxed copies should be clear and legible.
       •   All other medical information must be blacked out by MaineHousing/Agent.

Verification Resources
    The Work Number – www.theworknumber.com or 1-800-660-3399
       **MaineHousing/Agents: When using the Work Number to verify income, be sure to
       review detailed information carefully for accuracy.
    SSA toll-free number - 1-800-772-1213
    IRS Form 4506-T – (free) IRS Tax Return Transcript
    SSA-3288 Form – Social Security Consent for Release of Information
    SSA-7004 Form – Request for Social Security Statement (when benefit letter and EIV
       differ)
    SSA SS-5 Form – “Form SS-5-Application for a Social Security Card”
    Systematic Alien Verification for Entitlements (“SAVE”) database – used to verify
       citizenship and eligible immigration status. Access must be granted and is available through
       a web-based system only. PHAs must email SAVE-VIS@hud.gov with the following
       information: Name of User (PHA), Address, Telephone number, Fax number and email
       address. Contact Maureen Brown for verification and required documents, i.e. passport,
       green card, etc.)
    Social Security ONLINE
            If an individual is unable to provide SSA documentation, the Agent can direct the individual to
            request a benefit verification letter form SSA’s website, Social Security Online at
            www.socialsecurity.gov.
             Individuals who have lost their SSN card may complete a “Form SS-5-Application for a
                Social Security Card” to request a replacement SSN card or to change information on
                his/her SSA record.
             Individuals can request a copy of their benefit letter, by selecting “What You Can Do
                Online” from the the Social Security Online front page and following the instructions for
                requesting a “Proof of Income Letter”. This service is free and SSA will send the letter to the
                individual within 10 business days.
             NOTE: The SSA encourages SSA benefit recipients to use their website over using their
                toll-free number (1-800-772-1213) to request “Proof of Income Letters”. And PHAs are
                not to send applicants or tenants to SSA office if they do not have this information.


Family Consent to Release Information
  HUD 24 CFR 982.516, 982.551, 5.230
  The family must supply any information that MaineHousing/Agent or HUD determines is
  necessary to the administration of the program and must consent to PHA verification of that
  information.

   HUD Form 9886 - Authorization for Release of Information/Privacy Act Notice.



Revised 12-30-10                                                                         -2-
   All applicant and participant adult household members (18+ years old), new adult household
   members joining the household, and live-in aids must sign and date a HUD Form 9886 -
   Authorization for Release of Information/Privacy Act Notice, regardless of whether they
   have income. This form must be signed at initial admission, and signed annually at
   recertification. A signed HUD-9886 form is valid for 15 months. MaineHousing cannot
   retrieve an EIV report unless the HUD-9886 form has been signed by all adult household
   members.

   Other Tenant Consent Forms
   In addition to the HUD 9886 form, adult family members must also sign all other consent forms
   authorized by MaineHousing to use in collecting information relevant to the family’s eligibility
   and level of assistance.

   Penalties for Failure to Consent or Supply Information
   HUD 24 CFR 5.232
   HUD 24 CFR 982.551
   MaineHousing/Agent must deny admission or terminate rental assistance for failure to consent
   or to supply necessary information. The family can appeal a decision of denial or termination
   by requesting an informal review/informal hearing in accordance with MaineHousing
   procedures.


                                 Verification Timeframes
     √ For Applicants – Verification documents may not be older than 60
       days from when voucher is issued.
     √ For Participants – Verification documents may not be older than 120
       days from the effective date of recertification.
     √ For Port-Ins – Verification documents in portability packet may not be
         older than 90 days.


Preventing Interim Delays – When Verifications are Late

Family is NOT at fault:
  If paperwork is late due to third party’s delay, an Agent error, or circumstances proven to be beyond
  the family’s control (e.g., hospitalization), MaineHousing/Agent will process the annual based on the
  information that is currently available and submit to PIC; and then follow up with an interim.

   Upon receipt of the delayed information, and if it differs from the previous information used
   in income and rent determinations, the Agent will:




Revised 12-30-10                                                                     -3-
          MaineHousing/Agent will do a retroactive Interim back to the original date of change IF
           this change is in the family’s favor, (i.e., the family’s portion of the rent either decreases or
           remains the same).

        If the change is not in the family’s favor, MaineHousing/Agent will do a future Interim,
         allowing for proper 30-day notice to both the family and the landlord of the increase in
         family’s share of the rent.


   Family IS at fault:
   For paperwork arriving at “the last minute”, hampering the Agent’s ability to properly process
   the annual, the family will forfeit its right to 30-day notification for an increase in their
   portion of the rent. This must be noted both in Elite and in the file to document why the
   Agent did not give 30-day notice.

   If processing the late certification results in Elite deducting money from the landlord’s check,
   the Agent must notify their Financial Officer to delete the adjustment in Elite, and the Agent
   will send a HAP overpayment notification letter to the family.

   Non-response to paperwork request
   When a family does not respond to the Agent’s first request for paperwork, the Agent will mail a
   second request. The second request will remind the family that submitting annual recertification
   information is part of their family obligations and failure to do so could result in termination.
   This letter will also give instructions on how the family must comply.

   When a family does not respond to the second request, HUD regulations state
   MaineHousing/Agent must send a termination notice to both the family and owner. Send
   the notice a minimum of 30-days prior to the effective date of the Annual. (See HUD
   HCVP Guidebook states in Chapter 12, Reexamination Procedures (P. 12-3), and Section 19 Termination of
   Assistance and Section 20 Informal Reviews & Hearings or further guidance).


Generating EIV Reports

        ANNUALS: MaineHousing will generate EIV Household Income Reports “in batch” on a
         monthly basis for annual recertifications.

        CHANGE OF UNIT: Coded as Annual. MaineHousing will check monthly spreadsheets to
         make sure all change of units were captured.

        INTERIMS: Agents must contact their MaineHousing PO’s or Maureen Brown to request
         interims. MaineHousing will check monthly spreadsheets to make sure all interims were
         captured.




Revised 12-30-10                                                                           -4-
        NEW ADMISSIONS: Within 120 days of the PIC submission date; MaineHousing PO’s or
         Maureen Brown will pull down EIV Household Income Reports for new admissions and
         forward to Agents. Agents are to resolve any income discrepancy with the family within 60 days
         of the EIV Income Report date.

        SPECIAL REQUESTS: MaineHousing will generate individual EIV Household Income
         Reports upon request or when necessary. Agents will contact their MaineHousing PO or
         Maureen Brown to request an individual EIV report be generated.



The following was taken from: HUD Notice PIH 2010 – 19, Issued: May 17, 2010, “Administrative
Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System”
Cross References: 24 CFR §5.233, 24 CFR §5.236, 24 CFR §908.101

1. INTRODUCTION

Mandatory Use of EIV

HUD 24 CFR 5.233. Effective January 31, 2010, all PHAs are required to use the EIV system in its
entirety.

All PHAs are required to review the EIV Income Report of each family before or during mandatory annual
and interim reexaminations of family income and/or composition to reduce tenant under reporting of
income and improper subsidy payments.

EIV is classified as an UIV technique (or automated written third party verification), which helps to identify
income sources and/or amounts that the tenant may not have disclosed. This UIV technique in many
instances will reduce the need to mail or fax third party verification request forms to an income
source.

Penalties for Noncompliance with using EIV System
PHAs may be sanctioned and/or assessed the disallowed costs associated with any incorrect subsidy or
tenant rent calculation, or both.


2. HUD VERIFICATION HIERARCHY

PHAs should begin with the highest level of verification techniques.

PHAs are required to access the EIV system and obtain an Income Report for each household. The PHA is
required to maintain the Income Report in the tenant file along with the form HUD-50058 and other
supporting documentation to support income and rent determinations for all mandatory annual
reexaminations of family income and composition.




Revised 12-30-10                                                                        -5-
If the Income Report does not contain any employment and income information for the family, the PHA
should attempt the next lower level verification technique, as noted in the below chart.

Level   Verification Technique                         Ranking
6       Upfront Income Verification (UIV)              Highest (Mandatory)
        using HUD’s Enterprise Income
        Verification (EIV) system (not available for
        income verifications of applicants)
5       Upfront Income Verification (UIV)              Highest (Optional)
        using non-HUD system
4       Written third Party Verification               High (Mandatory to supplement EIV-reported
                                                       income sources and when EIV has no data;
                                                       Mandatory for non-EIV reported income
                                                       sources; Mandatory when tenant disputes EIV-
                                                       reported employment and income information
                                                       and is unable to provide acceptable
                                                       documentation to support dispute)
3       Written Third Party Verification Form          Medium-Low (Mandatory if written third party
                                                       verification documents are not available or
                                                       rejected by the PHA; and when the applicant or
                                                       tenant is unable to provide acceptable
                                                       documentation)
2       Oral Third Party Verification                  Low (Mandatory if written third party verification
                                                       is not available)
1       Tenant Declaration                             Low (Use as a last resort when unable to obtain
                                                       any type of third party verification)

Note: This verification hierarchy applies to income determinations for applicants and participants.
However, EIV is not available for verifying income of applicants.


3. VERIFICATION TECHNIQUE DEFINITIONS

A. Third Party Verification Techniques

Upfront Income Verification (UIV) (Level 6/5): The verification of income before or during a family
reexamination, through an independent source that systematically and uniformly maintains income
information in computerized form for a number of individuals.

It should be noted that the EIV system is available to all PHAs as a UIV technique. PHAs are encouraged
to continue using other non-HUD UIV tools, such as The Work Number (an automated verification
system) and state government databases, to validate tenant-reported income.




Revised 12-30-10                                                                       -6-
Written Third Party Verification (Level 4): An original or authentic document generated by a third
party source dated either within the 60-day period preceding the reexamination or PHA request date.
Such documentation may be in the possession of the tenant (or applicant), and is commonly referred to as
tenant-provided documents. It is the HUD’s position that such tenant-provided documents are written third
party verification since these documents originated from a third party source. The PHA may, at its
discretion, reject any tenant-provided documents and follow up directly with the source to obtain necessary
verification of information.

Examples of acceptable tenant-provided documentation (generated by a third party source) include, but are
not limited to: pay stubs, payroll summary report, employer notice/letter of hire/termination, SSA benefit
verification letter, bank statements, child support payment stubs, welfare benefit letters and/or printouts,
and unemployment monetary benefit notices.

The PHA is required to obtain at a minimum, two current and consecutive pay stubs for determining
annual income from wages. For new income sources or when two pay stubs are not available, the PHA
should project income based on the information from a traditional written third party verification form or
the best available information.

Note: Documents older than 60 days (from the PHA interview/determination or request date) is acceptable
for confirming effective dates of income.

Written Third Party Verification Form (Level 3): Also, known as traditional third party verification. A
standardized form to collect information from a third party source. The form is completed by the third
party by hand (in writing or typeset). PHAs send the form directly to the third party source by mail, fax, or
email.

It is HUD’s position that the administrative burden and risk associated with use of the traditional third party
verification form may be reduced by PHAs relying on acceptable documents that are generated by a
third party, but in the possession of and provided by the tenant (or applicant). Many documents in
the possession of the tenant are derived from third party sources (i.e. employers, federal, state and/or local
agencies, banks, etc.).

HUD recognizes that third party verification request forms sent to third party sources often are not
returned. In other instances, the person who completes the verification form may provide incomplete
information; or some tenants may collude with the third party source to provide false information; or the
tenant intercepts the form and provides false information.

HUD requires PHAs to rely on documents that originate from a third party source’s computerized system
and/or database, as this process reduces the likelihood of incorrect or falsified information being provided
on the third party verification request form. The use of acceptable tenant-provided documents, which
originate from a third party source, will improve the integrity of information used to determine a family’s
income and rent and ultimately reduce improper subsidy payments. This verification process will also
streamline the income verification process.




Revised 12-30-10                                                                         -7-
Oral Third Party Verification (Level 2): Independent verification of information by contacting the
individual income/expense source(s), as identified through the UIV technique or identified by the family,
via telephone or in-person visit. PHA staff should document in the tenant file, the date and time of the
telephone call (or visit to the third party), the name of the person contacted and telephone number, along
with the confirmed information.

This verification method is commonly used in the event that the independent source does not respond to
the PHA’s faxed, mailed, or e-mailed request for information in a reasonable time frame, i.e., ten (10)
business days.

B. Non-Third Party Verification Technique

Tenant Declaration (Level 1): The tenant submits an affidavit or notarized statement of reported income
and/or expenses to the PHA. This verification method should be used as a last resort when the PHA has
not been successful in obtaining information via all other verification techniques. When the PHA relies on
tenant declaration, the PHA must document in the tenant file why third party verification was not available.

C. Exceptions to Third Party Verification Requirements

HUD is aware that in some situations, third party verification is not available for a variety of reasons.
Oftentimes, the PHA may have made numerous attempts to obtain the required verifications with no
success, or it may not be cost effective to obtain third party verification of income, assets, or expenses,
when the impact on total tenant payment is minimal. In these cases, the PHA is required to document in
the family file the reason(s) why third party verification was not available.

The exception to third party verification can be found at 24 CFR §960.259(c)(1) and §982.516(a)(2), which
states, “The PHA must obtain and document in the family file third party verification of the following
factors, or must document in the file why third party verification was not available.”


4. THIRD PARTY VERIFICATION REQUIREMENTS

In accordance with 24 CFR §960.259(c)(1) and 24 CFR §982.516(a)(2) for the Public Housing and the HCV
programs, respectively, the PHA must obtain and document in the tenant file third party verification of the
following factors, or must document in the tenant file why third party verification was not available: (i)
reported family annual income; (ii) the value of assets; (iii) expenses related to deductions from annual
income; and (iv) other factors that affect the determination of adjusted income.


5. WHEN THE PHA IS REQUIRED TO REQUEST WRITTEN THIRD PARTY
VERIFICATION

The PHA must request written third party verification under the following circumstances:




Revised 12-30-10                                                                       -8-
   a. When the tenant disputes the EIV information and is unable to provide acceptable documentation to
       support his/her dispute (24 CFR §5.236(b));
   b. When the PHA requires additional information that is not available in EIV and/or the tenant is
       unable to provide the PHA with current acceptable tenant-provided documentation. Examples of
       additional information, includes but is not limited to:
       i. Effective dates of income (i.e. employment, unemployment compensation, or social security
       benefits)
       ii. For new employment: pay rate, number of hours worked per week, pay frequency, etc.
       iii. Confirmation of change in circumstances (i.e. reduced hours, reduced rate of pay, temporary
       leave of absence, etc.)

       Note: 24 CFR §5.236(a), prohibits PHAs from taking adverse action based solely on EIV
             information.


6. TYPES OF REQUIRED FILE DOCUMENTATION

Types of file documentation required to demonstrate PHA compliance with mandated use of EIV as a third
party source to verify tenant employment and income information (24 CFR §5.233(a)(2)(i)).

   A. For each new admission (form HUD-50058 action type 1), the PHA is required to do the following:

       i. Review the EIV Income Report to confirm/validate family-reported income within 120 days of
            the PIC submission date; and
       ii. Print and maintain a copy of the EIV Income Report in the tenant file; and
       iii. Resolve any income discrepancy with the family within 60 days of the EIV Income Report date.

   B. For each Interim reexamination (form HUD-50058 action type 3) of family income and
         composition, the PHA is required to have the following documentation in the tenant file:

       i. ICN Page. When there is no household income discrepancy noted on the household’s Income
          Discrepancy Report tab or Income Discrepancy Report, only a print off of the ICN page is
          required by HUD for the tenant file. However, PHAs have the discretion to print the EIV
          Household Income Report, even though only the ICN page is required. MaineHousing,
          because of its structure, has opted to print the EIV Household Income Report and
          forward to its Agents.

       ii. EIV Income Report. When there is an income discrepancy noted on the household’s Income
            Discrepancy Report tab or Income Discrepancy Report. See sample screen shot below.

   C. For each annual reexamination of family income and composition, the PHA is required to have the
       following documentation in the tenant file:




Revised 12-30-10                                                                   -9-
       i. No Dispute of EIV Information: EIV Income Report, current acceptable tenant-provided
       documentation, and if necessary (as determined by the PHA), traditional third party verification
       form(s). See examples 1 and 3 below.

       ii. Disputed EIV Information: EIV Income report, current acceptable tenant-provided
       documentation, and/or traditional third party verification form(s) for disputed information. See
       example 2 below.

       iii. Tenant-reported income not verifiable through EIV system: Current tenant-provided
       documents, and if necessary (as determined by the PHA), traditional third party verification
       form(s). See example 3 below.


7. TENANT INFORMATION NOT PROVIDED

What if the tenant does not provide the PHA with requested information? If the tenant does not
provide the requested information, the PHA may mail or fax a third party verification request form to the
third party source. The PHA is required to request third party verification when the tenant disputes EIV
information and the tenant is unable to provide acceptable documentation to support disputed information.
However, the PHA should also remind the tenant that s/he is required to supply any information requested
by the PHA for use in a regularly scheduled annual or interim reexamination of family income and
composition.

The PHA may determine that the tenant is not in compliance with program requirements and terminate
tenancy or assistance, or both, if the tenant fails to provide the requested information in a timely manner
(MaineHousing requires 10 business days for tenant to provide information).


8. USING EIV INCOME REPORT AS THIRD-PARTY SOURCE

How to use the EIV Income Report as a third party source to verify tenant employment and
income information. To minimize tenant underreporting of income, PHAs are required to obtain an EIV
Income Report for each family any time the PHA conducts an annual or interim reexamination of family
income and composition.

In accordance with 24 CFR §5.236(b)(2)(3), PHAs are required to compare the information on the EIV
report with the family-reported information. If the EIV report reveals an income source that was not
reported by the tenant or a substantial difference in the reported income information, the PHA is required
to take the following actions:

   1. Discuss the income discrepancy with the tenant; and
   2. Request the tenant to provide any documentation to confirm or dispute the unreported or
      underreported income and/ or income sources; and




Revised 12-30-10                                                                       - 10 -
   3. In the event the tenant is unable to provide acceptable documentation to resolve the income
      discrepancy, the PHA is required to request from the third party source, any information necessary
      to resolve the income discrepancy; and
   4. If applicable, determine the tenant’s underpayment of rent as a result of unreported or
      underreported income, retroactively*; and
   5. Take any other appropriate action as directed by HUD or the PHA’s administrative policies.

*The PHA is required to determine the retroactive rent as far back as the existence of complete file
documentation (form HUD-50058 and supporting documentation) to support such retroactive rent
determinations.

Note: A substantial difference is defined as an amount equal to or greater than $2,400, annually.

The tenant must be provided an opportunity to contest the PHA’s determination of tenant rent
underpayment. HUD regulations require PHAs to promptly notify tenants in writing of any adverse findings
made on the basis of the information verified through the aforementioned income discrepancy resolution
process. The tenant may contest the findings in accordance with the PHA’s established grievance
procedures, as required by HUD. The PHA may not terminate, deny, suspend, or reduce the family’s
assistance until the expiration of any notice or grievance period.

When there is an unsubstantial or no disparity between tenant-reported and EIV-reported income
information, the PHA is required to obtain from the tenant, any necessary documentation to complete the
income determination process. As noted previously, the PHA may reject any tenant-provided
documentation, if the PHA deems the documentation unacceptable. The PHA may reject documentation
provided by the tenant for only the following HUD-approved reasons:

   1. The document is not an original; or
   2. The original document has been altered, mutilated, or is not legible; or
   3. The document appears to be a forged document (i.e. does not appear to be authentic).

The PHA should explain to the tenant, the reason(s) the submitted documents are not acceptable and
request the tenant to provide additional documentation. If at any time, the tenant is unable to provide
acceptable documentation that the PHA deems necessary to complete the income determination process,
the PHA is required to submit a traditional third party verification form to the third party source for
completion and submission to the PHA.

If the third party source does not respond to the PHA’s request for information, the PHA is required to
document the tenant file of its attempt to obtain third party verification and that no response to the third
party verification request was received.

The PHA should then pursue lower level verifications in accordance with the verification hierarchy listed in
section on “HUD Verification Hierarchy” above.




Revised 12-30-10                                                                        - 11 -
9. RECORD RETENTION

Revised: HUD 24 CFR §908.101
   How long should the PHA maintain EIV printouts in a tenant file? MaineHousing’s record
   retention policy for the EIV Income Report is to retain in the tenant file for the duration of tenancy
   and no longer than three years from the end of participation (EOP) date. Electronic retention is also
   permissible.

   In accordance with revised regulation, 24 CFR §908.101, PHAs are required to maintain at a minimum,
   the last three years of the form HUD-50058, and supporting documentation (including the EIV Report)
   for all annual and interim reexaminations of family income. All records are to be maintained for a period
   of at least three years from the effective date of the action. It is MaineHousing/Agent record retention
   policy to retain in file and/or electronically, all tenant records until 3 years after End of Participation
   (EOP). Following the retention period of 3 years following end participation, EIV income reports must
   be destroyed by shredding.


   10. DISCLOSURE AND SECURITY OF EIV INFORMATION

                                   Who can view EIV Information?

    EIV may be disclosed only to the individual that the information pertains to.
    EIV information for a minor may be disclosed to the parent or guardian.
    Individuals who do not access the EIV system, but do view printed or electronic EIV reports are
     required to sign the EIV Access Authorization form, Rules of Behavior and User Agreement.
    PHA-hired auditors may view EIV information in tenant files; however they may not gain access to
     the EIV system. They will be required to sign the EIV Access Authorization form, Rules of Behavior
     and User Agreement.
    Under portability, the Initial PHA must provide the Receiving PHA the most recent form HUD-
     500858, and related verification information, including EIV information.


Disclosure of an Individual’s EIV Information. The Federal Privacy Act (5 USC §552a, as amended)
prohibits the disclosure of an individual’s information to another person without the written consent of
such individual. As such, the EIV data of an adult household member may not be shared (or a copy
provided or displayed) with another adult household member, unless the individual has provided
written consent to disclose such information.

However, the PHA is not prohibited from discussing with the head of household (HOH) and showing the
HOH how the household’s income and rent were determined based on the total family income reported and
verified.

EIV information and any other information obtained by the PHA for the purpose of determining eligibility
and level of assistance for a PIH rental assistance program may not be disclosed to third parties for any
reason (even for similar verifications under other programs, such as eligibility for low income housing tax




Revised 12-30-10                                                                       - 12 -
credit units, other federal or state assistance programs), unless the tenant has authorized such disclosure in
writing.

Security of EIV Data. The data in EIV contains personal information on individual tenants which is
protected under the Federal Privacy Act. The information in EIV may only be used for limited official
purposes, as noted below.

A. Official Purposes Include:

    1. PHAs, in connection with the administration of PIH programs, for verifying the employment and
       income at the time of interim and annual reexaminations.
    2. HUD staff for monitoring and oversight of PHA compliance with HUD program requirements.
    3. Independent Auditors hired by the PHA or HUD to perform a financial audit for use in determining
       the PHA’s compliance with HUD program requirements, including verifying income and
       determining the accuracy of the rent and subsidy calculations.

        Restrictions on disclosure requirements for Independent Auditors:
           (a) May only access EIV income information within family files and only within the offices of
               the PHA or PHA-hired management agent;
           (b) May not transmit or transport EIV income information in any form;
           (c) May not enter EIV income information on any portable media;
           (d) Must sign non-disclosure oaths that the EIV income information will be used only for the
               purpose of the audit; and
           (e) May not duplicate EIV income information or re-disclose EIV income information to any
               user not authorized by Section 435(j)(7) of the Social Security Act to have access to the EIV
               income data.

B. Official Purposes Does NOT Include:

    1. Sharing the information with governmental or private entities not involved in the reexamination
       process specifically used for PIH rental assistance programs.
    2. Disclosing the EIV information to other private or public entities for purposes other than
       determining eligibility and level of assistance for PIH rental assistance programs is prohibited since
       these entities are not a party to the computer matching agreements with the HHS and SSA. The fact
       that these entities may find the EIV beneficial for similar eligibility and determination purposes for
       other low-income housing programs or public benefits, does not permit these entities to use or view
       information in the EIV system that is covered by the computer matching agreements.


11. WHAT IF EIV INFORMATION IS INCORRECT

Sometimes the source or originator of EIV information may make an error when submitting or reporting
information about tenants. HUD cannot correct data in the EIV system. Only the originator of the
data can correct the information. When the originator corrects the data, HUD will obtain the updated




Revised 12-30-10                                                                        - 13 -
information with its next computer matching process. Below are the procedures tenants and PHAs should
follow regarding incorrect EIV information.

Employment and wage information reported in EIV originates from the employer. The employer reports
this information to the local State Workforce Agency (SWA), who in turn, reports the information to HHS’
National Directory of New Hires (NDNH) database.

If the tenant disputes this information, s/he should contact the employer directly, in writing to dispute the
employment and/or wage information, and request that the employer correct erroneous information.

The tenant should provide the PHA with this written correspondence so that it may be maintained in the
tenant file. If employer resolution is not possible, the tenant should contact the local SWA for assistance.

Unemployment benefit information reported in EIV originates from the local SWA. If the tenant
disputes this information, s/he should contact the SWA directly in writing to dispute the unemployment
benefit information, and request that the SWA correct erroneous information. The tenant should provide
the PHA with this written correspondence so that it may be maintained in the tenant file.

SS and SSI benefit information reported in EIV originates from the SSA. If the tenant disputes this
information, s/he should contact the SSA at (800) 772–1213, or visit the local SSA office. SSA office
information is available in the government pages of the local telephone directory or online at
http://www.socialsecurity.gov.

Note: The tenant may also provide the PHA with third party documents which are in the tenant’s
     possession to support their dispute of EIV information. The PHA, with the tenant’s consent, is
     required to submit a third party verification form to third party sources for completion and
     submission to the PHA, when the tenant disputes EIV information and is unable to provide
     documentation to validate the disputed information. The tenant’s failure to sign the consent form is
     grounds for termination of tenancy and/or assistance in accordance with 24 CFR §5.232.

Identity Theft. Seemingly incorrect information in EIV may be a sign of identity theft. Sometimes
someone else may use an individual’s SSN, either on purpose or by accident. SSA does not require an
individual to report a lost or stolen SSN card, and reporting a lost or stolen SSN card to SSA will not
prevent the misuse of an individual’s SSN. However, a person using an individual’s SSN can get other
personal information about that individual and apply for credit in that individual’s name. So, if the tenant
suspects someone is using his/her SSN, s/he should check their Social Security records to ensure their
records are correct (call SSA at (800) 772-1213); file an identity theft complaint with the local police
department and/or Federal Trade Commission (call FTC at (877) 438-4338, or visit their website at:
http://www.ftc.gov/bcp/edu/microsites/idtheft/); and s/he should also monitor their credit reports with
the three national credit reporting agencies (Equifax, TransUnion, and Experian). The tenant should provide
the PHA written documentation of filed identity theft complaint. (Refer back to paragraph on Employment
and wage information regarding disputed EIV information related to identity theft).




Revised 12-30-10                                                                        - 14 -
Tenants may request their credit report and place a fraud alert on their credit report with the three national
credit reporting agencies at: www.annualcreditreport.com or by contacting the credit reporting agency
directly. Each agency’s contact information is listed below.

National Credit Reporting Agencies Contact Information

Equifax Credit Information Services, Inc. P.O. Box 740241 Atlanta, GA 30374
Website: www.equifax.com
Telephone: (800) 685-1111

Experian
P.O. Box 2104
Allen, TX 75013
Website: www.experian.com
Telephone (888) 397-3742

TransUnion
P.O. Box 6790 Fullerton, CA 92834
Website: www.transunion.com
Telephone: (800) 680-7289 or (800) 888-4213


12. HUD EIV NOTICE TO APPLICANTS AND TENANTS

Notice to Applicants and Tenants. PIH is providing PHAs with the attached EIV system information
guide that PHAs may provide to applicants and tenants of PIH rental assistance programs. PHAs are not
required to distribute this document. However, PHAs are strongly encouraged to provide applicants and
tenants with the What You Should Know About EIV Guide to educate families about EIV and inform
them of how it affects their family. This guide immediately replaces MaineHousing’s “in-house” EIV
notification/certification form (effective following May 2010 Agent Meeting – see minutes).


There are two versions of the document: 1) with a signature block; and 2) without a signature block.
HUD does not require applicants or tenants to acknowledge receipt of the document; however, PHAs may,
at their discretion, require the family to acknowledge receipt of the guide. MaineHousing will require only
applicant families at briefings to acknowledge receipt of the guide (by signing), provide the family with a
copy of the guide to take with them, and maintain a signed copy in the family file folder. The
version of this guide with no signature block will be mailed with annual recertification paperwork and to
new adult household members being added to a household (effective following May 2010 Agent Meeting –
see minutes).

---------------------------------------------------------------------END OF HUD NOTICE 2010-19----




Revised 12-30-10                                                                        - 15 -
VERIFICATION OF NON-EIV INCOME

   Tips
   Unless “tip” income is included in a family member’s W-2 by the employer, persons who work
   in industries where tips are a form of payment, individuals will be required to sign a certified
   estimate of tips received for the prior year and tips anticipated to be received in the coming year.


   Business and Self-Employment Income
   The most acceptable method of verification is federal and state income tax returns. In lieu of, or
   in addition to tax information, Agent can request submittal of financial statements and other
   supporting documents such as audit reports, manifests, appointment books, cash books, and/or
   bank statements.

   In determining income of self-employment, assets and expenses must also be considered:
    Straight-line depreciation of capital assets used in the business or profession may be deducted as a
       business expense.
    Interest payments on business loans, and all business expenses other than expenses for expansion or
       capital improvements are also eligible business expenses.
    Withdrawal of cash or assets from a business is counted as income except when the withdrawal is
       for reimbursement of amounts the family has invested in the business.
    Expenditures for amortization of capital indebtedness are not deducted.


   Alimony or Child Support
   The way MaineHousing/Agent will seek verification for alimony and child support differs
   depending on whether the family declares that it receives regular alimony or child support
   payments. If the family declares that it receives regular payments, verification will be sought as
   follows:

       Third-party verification through DHHS
       If payments are made through Maine DHHS state entity, MaineHousing/Agent will request
       a record of payments for the past 6 months.

       If a tenant disputes GAP or child support income provided by Maine DHHS, the family can
       call 1-800-371-7179 (Child Support Enforcement) to request report to for verification.

       Third-party verification from person paying the support
        Copy of a separation or settlement agreement or a divorce decree stating amount and
          type of support and payment schedules.
        Copies of the latest check and/or payment stubs for past 6 months.

       If the family declares that it receives irregular or no payments
       In addition to the verifications listed above, the family must also provide evidence that it has
       taken all reasonable efforts to collect amounts due. This may include:



Revised 12-30-10                                                                        - 16 -
       A statement from an enforcement agency, attorney or other collection entity assisting the
        family will demonstrate the family has pursued collection and is cooperating with all
        efforts.


ASSETS

   Questions to ask yourself:
      Does tenant receive income from assets including interest on checking or savings
         accounts, interest, and dividends from certificates of deposit, stocks or bonds, or income
         from rental property?
      Does tenant own real estate or any assets for which you receive no income (checking
         account, cash)?
      Has tenant sold or given away real property or other assets (including cash) in the past
         two years?

   In order to comply with HUD regulations, MaineHousing/Agent must (1) identify and (2) verify:
          √ The Asset
          √ The worth of the Asset (market value)
          √ The amount of expenses involved to convert the Asset to cash (for cash value)
          √ The Anticipated Income to be received from the Asset (over the next 12 months)

   In determining the income from assets two calculations must be performed:
       1. Determine the cash value of the asset (the family is not actually required to convert to cash).
       2. Determine the actual anticipated income from the asset (for the coming 12 months).

   The market value is the worth of the asset, and if converted to cash (-minus expenses to convert to
   cash), would result in the cash value of the asset. Reasonable expenses to sell or convert an asset to
   cash may include:
      √ Penalties for early withdrawal
      √ Broker fees, sales commissions, transfer taxes
      √ Legal fees
      √ Settlement costs for real estate

   Some assets generate income, (e.g., interest-bearing bank accounts or interest on investments, rents
   from rental property, dividends or tenant receives $X.XX every quarter, or annually). When assets
   are included in a family’s annual income, it is the income earned from the assets that is counted, not
   the assets.

   $5,000 Asset Value Threshold
       Actual Income from Assets: When assets total $5,000 or less:
       When the total cash value of all family assets is $5,000 or less, the actual income the family
       receives from assets is included in annual income.
      Or



Revised 12-30-10                                                                    - 17 -
       **Imputed Asset Income: Comes into play when asset value exceeds $5,000:
       When the total cash value of all family assets exceed $5,000, include in annual income the
       greater of either:
          The actual income from assets, or
          The imputed asset income (total cash value of assets X HUD Passbook Rate)

       **Imputed Asset Income is income that would be received from an asset if it were converted to cash and placed in
       a savings account earning a HUD-determined passbook rate. The passbook rate is set by each HUD field office
       based on local interest rates.

                     ELITE automatically imputes asset income for you!

Assets Include:

Bank Accounts
To determine the value of savings and checking accounts, MaineHousing/Agent will count the
average balance in an account over the past 6 months, with 3rd party verification sent directly to
the banking institution. Bank account balances that do not affect or change the tenant’s
portion of the rent do not require an Interim to be processed.

Cash Value of Trust Funds
If funds are held in trust, and are not revocable by, or under the control of any member of the
household, the value of the trust fund will not be considered an asset. However, if the funds
become accessible to the family, then the trust fund is considered an asset.

Any income distributed to the family from the trust fund (e.g., through periodic payments) is
considered income from the asset and must be counted when determining annual income.

Stocks, bonds, savings certificates, money market funds and other investment accounts
        Assets owned by more than one person, allowing unrestricted access by a family
          member,
        One time lump-sum payments (e.g., inheritances, insurance payments from
          health/accident insurance or worker’s compensation insurance, capital gains, settlements
          for personal or property losses),
        Personal property held as an investment (e.g., jewelry, coin collections, antique cars),
        Cash value of life insurance policies.

Equity in Real Property (land owned or bequeathed) or Capital Investments
Real property includes land or real estate owned by the applicant or participant household.
Equity is the portion of the market value of the asset which is the amount which would be available to the
household if the property were to be sold. It is equal to the market value less any mortgage or loans secured
against the property which would have to be paid off upon sale of the property.

       Calculate equity in real property as follows:
       Market Value - Loan (Mortgage) = Equity



Revised 12-30-10                                                                              - 18 -
        Calculate the cash value of real property as follows:
        Equity – Reasonable expenses or costs (broker’s fee) to convert to Cash = Cash Value

                                              Equity in Real Property
Betty has a house with a market value of $125,000. The tenant has an outstanding mortgage balance of $50,000. If the
tenant were to sell, they would have to pay their realtor $4,200 commission and closing (settlement) costs of $800. The
cash value would be:

                    Market Value =                                          $125,000
                    - Less Expenses to convert to cash:
                          Broker fee (6%):                   - $ 4,200
                          Settlement costs:                  -$    800

                   - Less **Mortgage Owed Balance            - $ 50,000
                      Equals Cash Value =                                    $ 70,000

                   **Tenant supplied last mortgage statement.


Retirement savings accounts (e.g., IRA, Keogh)
Retirement savings accounts are included under Assets even though early withdrawal would result in a
penalty.

Contributions to company retirement/pension funds
In order to correctly include or exclude as assets any amount held in retirement/pension funds for
employed persons, MaineHousing/Agent must know whether the money is accessible before retirement.

While an individual is employed, count as an asset only those amounts the family can withdraw without
retiring or terminating employment.

After retirement of termination of employment, include in annual income any benefits received through
periodic payments from a retirement or pension fund; and count as an asset any amount the employee
receives as a lump sum from the company retirement/pension fund.


Assets Disposed of for Less than Fair Market Value
HUD has put in place a penalty for disposing assets for less than their fair market value for either
during two years preceding the date of application to the program, or during two years’ prior to
reexamination. The penalty is if the family did not get fair market value, we are to count (or include)
their loss, counting it for two years from the date they disposed of it. This loss is referred to as an
“imputed asset”.

                                                Imputed Asset
Terry sold her house to her daughter for $150,000. The house was valued at $225,000 and had no loans against it.
Terry paid $2,000 in settlement costs and $5,000 in broker fees. The amount to be INCLUDED in family assets for
two years from date of sale, or the imputed asset, is $68,000:




Revised 12-30-10                                                                                - 19 -
                  Market Value:                                      $225,000
                  - Less Expenses to convert to cash:
                        Broker fee:                   -$   5,000
                        Settlement costs:             -$   2,000

                  Cash Value:                                       $218,000
                  Sold for Less than Fair Market Value:            -$150,000
                  Loss (imputed asset):                            $ 68,000 (include w/Assets!)



Exceptions include a foreclosure, bankruptcy or a separation or divorce settlement.

MaineHousing has established a minimum threshold of $1,000 for counting assets disposed of
for less that fair market value.

Net Income from Rental Property
The family must provide:
        A current executed lease for the property that shows the rental amount or certification
           from the current tenant
        A self-certification from the family members engaged in the rental of property providing
           an estimate of expenses for the coming year and the most recent IRS Form 1040 with
           Schedule E (Rental Income). If schedule E was not prepared, MaineHousing/Agent will
           require the family members involved in the rental of property to provide a self-
           certification of income and expenses for the previous year and may request
           documentation to support the statement including: tax statements, insurance invoices,
           bills for reasonable maintenance and utilities, and bank statements or amortization
           schedules showing monthly interest expense.

Retirement Accounts
   When third-party verification is not available, the type of original document that will be accepted
   depends upon the family member’s retirement status.

   Before retirement, MaineHousing/Agent will accept an original document from the entity
   holding the account with a date that shows it is the most recently scheduled statement for the
   account but in no case earlier than 6 months from the effective date of the examination.

   Upon retirement, MaineHousing/Agent will accept an original document from the entity
   holding the account that reflects any distributions of the account balance, any lump sums taken
   and any regular payments.

   After retirement, MaineHousing/Agent will accept an original document from the entity holding
   the account dated no earlier than 12 months before that reflects any distributions of the account
   balance, any lump sums taken and any regular payments.


Income for Excluded Sources



Revised 12-30-10                                                                        - 20 -
    MaineHousing/Agent must obtain verification for income exclusions even though the excluded
    amount is not used in the calculation of the family’s rent. Interims are not done solely to update
    income exclusions, e.g., food stamps.

    However, if a family claims the earned income disallowance for a source of income, both the
    source and the income must be verified. MaineHousing/Agent will reconcile differences in
    amounts reported by the third party and the family in the case of earned income disallowance.

    In all other cases, MaineHousing/Agent will report in ELITE the amount to be excluded as
    indicated on documents provided by the family.


Zero Income Status
Families claiming no income will be required quarterly to recertify their no income status by filling out a
Zero Income Questionnaire. (See Zero income questionnaire form at end of this section.). Any income
stated on the questionnaire that is reoccurring, regular, monthly (versus sporadic, irregular, one-time gift),
we count as income. Public assistance payments including TANF, State Supplement, General Assistance
that are regular are counted as income.
Besides checking EIV the MaineHousing/Agent should AUTOMATICALLY request verification from
third-party sources for public benefits such as DHHS for unemployment benefits, TANF, SSI, etc. and
double-check whether the family is receiving these when claiming to have zero annual income.


Medical Expense Allowance Deduction
Medical expenses are expenses anticipated to be incurred during the next 12 months, following
certification or reexamination, not covered by an outside source such as insurance. The medical
allowance is not intended to give a family an allowance equal to last year’s expenses, but to
anticipate regular ongoing and anticipated expenses for the upcoming year.

Eligible Household
A household considered as “elderly family” (head, spouse or co-head is at least 62 years of age) or
considered as “disabled family” (head, spouse or co-head is a person with disabilities), is eligible for
medical deduction of unreimbursed medical expenses for ALL family members in the household.
MaineHousing/Agent must verify that:
     The household is eligible for the deduction.
     The costs to be deducted are qualified medical expenses.
     The expenses are not paid for, or reimbursed by any other source.
     Costs incurred in past years are counted only once.

Qualified Medical Expenses
MaineHousing/Agent follows the guidelines set for the IRS Publication 502 for allowable medical
expenses. See http://www.irs.gov/pub/irs-pdf/p502.pdf. Some typical expenses that can be
included as a medical deduction:




Revised 12-30-10                                                                          - 21 -
    Medical expenses, including medical insurance premiums, which are anticipated for the time
     period for which the annual income is computed, and that is not covered by insurance.
    Doctor or health professional services,
    Health care facilities services,
    Medicines prescribed by a physician (prescription and/or non-prescription),
    Transportation to treatment,
    Dental, eyeglasses or hearing aids,
    Live-in or periodic medical assistance.
    Expenses incurred in past years.

   MaineHousing/Agent will send for third-party verification directly to the “medical provider”.
   If third-party is not possible, copies of cancelled checks used to make medical expense payments
   and/or printouts or receipts from the source will be used.

   If MaineHousing/Agent receives a verification document containing medical information,
   MaineHousing/Agent will black out this information before putting in the tenant file.

   Medical Expenses Incurred in Past Years
   When costs are expected to be paid in the coming 12 months, and are related to on-going
   regular monthly payments of medical bills incurred in past years, MaineHousing/Agent will
   verify:
    The repayment schedule
    The remaining balance due


   Disability Assistance Expenses
   Families may deduct reasonable anticipated expenses for (1) attendant care and/or (2) auxiliary
   apparatus for a family with disabilities, only if these items enable the disabled member or
   other family member to be employed, and not to be confused with medical expenses.
   Deductions may not be provided if expenses are paid to a family member, or reimbursed by an
   outside source. Under this deduction, families do not have to meet HUD’s definition of a
   “Disabled Family” in order to qualify.

   This deduction is capped and can’t exceed the gross employment income received by the family
   member who is able to work because of these qualified expenses. When this deduction enables
   more than one family member to work, MaineHousing/Agent will combine the gross
   employment incomes to give the family a higher cap (unlike when childcare expenses are
   prorated).

   Contact your PO for guidance if a family appears to qualify for Disability Expense
   rather than Medical Expense.


   Attendant Care
   Expenses for attendant care will be verified through:



Revised 12-30-10                                                                     - 22 -
    Third-party verification form signed by the provider, when possible.
    If third-party is not possible, copies of cancelled checks used to make attendant care
     payments and/or receipts from care source.

   Auxiliary Apparatus
   Examples of auxiliary apparatus expenses include but are not limited to:
          Wheelchairs, ramps, vehicle adaptations, special equipment to enable the blind to read or
          write, and/or vet and food bills for assistance animal.

            These expenses will be verified through:
             Third-party verification of anticipated purchase costs of auxiliary apparatus.
             If third-party is not possible, billing statements for purchase of auxiliary apparatus,
               or other evidence of monthly payments or total payments that will be due for the
               apparatus during the upcoming 12 months

Child Care Expenses
To be eligible for the child care deduction, MaineHousing/Agent must verify that:
    The child is under age 13, including foster children.
    The costs claimed are not reimbursed by another source.
    The costs enable a family member to seek work, pursue education or be gainfully employed.
    The costs are reasonable.

Seeking Work
Whenever possible, MaineHousing/Agent will use documentation from a state or local agency that
monitors work-related requirements (e.g., Aspire). In such cases MaineHousing/Agent will verify
with agency regarding the member’s job seeking efforts.


IDENTITY & DEDUCTIONS

Legal Identity

   MaineHousing/Agent will require families to furnish documents supporting legal identity for
   each household member, including but not limited to:
    For Adults:                                      For Children:
    Viewing and obtaining a copy of authentic,       Viewing and obtaining a copy of authentic,
    valid Social Security Number                     valid Social Security Number documentation
    documentation
                                                     Certificate of Birth or other official record of
    Certificate of Birth or other official record    birth
    of birth
                                                     Citizenship status documents
    Citizenship status documents
                                                     Others: Adoption papers, Church issued
    Others: Church issued baptismal certificate,     baptismal certificate, Custody agreement,
    Current, valid Driver's License, Passport,       School records, HHS ID.
    Employer identification card, US Military
    Discharge.




Revised 12-30-10                                                                                  - 23 -
Age Verification
   Proof of age must be verified only once during continuously-assisted occupancy.

   Elderly, Adult and Dependent status’ all require age identification for deductions and allowances.

   A birth certificate or other official record of birth is the preferred form of age verification for all
   family members. For elderly family members an original document that provides evidence of the
   receipt of social security retirement benefits is also acceptable.

   Other documentation supporting age of the family member could be adoption records, school
   records, driver's license if birth year is recorded.

   If documentation of age cannot be provided, the Agent will require the family provide a
   notarized self-certification detailing at a minimum:
        The family member’s name,
        Parent(s) names,
        Date of birth and Place of birth.

   (See new form at end of section, “Certification of Age”).



Social Security Number Verification
   Social security numbers must be verified only once during continuously-assisted occupancy.


   HUD Guidance – SSN Documentation
     See HUD’s Federal Register effective December 29, 2009 - Issued by HUD to include the
     guidance provided to recent changes made to 24 CFR 5.216, 24 CFR 5.218.

       See new verification requirements at 24 CFR 5.233, in accordance with the Refinement of
       Income and Rent Determinations in Public and Assisted Housing Programs:
       Implementation of the Enterprise Income Verification System-Amendments; Final
       Rule.

       See Revised: HUD 24 CFR §5.216 Disclosure & Verifications of Social Security
       Numbers. HUD has stated PHA’s must deny or termination housing assistance for
       family failure to disclose social security numbers for all family members, even those
       under the age of 6.

   Exceptions to SSN Final Rule




Revised 12-30-10                                                                          - 24 -
      In accordance with 24 CFR §5.216, applicants and participants (including each member of the
      household, even if under age 6) are required to disclose his/her assigned SSN, with the exception
      of the following individuals:
           Existing program participantsas of 1-31-10 who have previously disclosed a SSN that
             HUD has determined as valid, (e.g., If SSN has not been rejected by the EIV System having
             computer-matched against the SSA, then HUD considers the SSN as valid).
           Existing (elderly) program participants who are 62 years or older as of 1-31-10, whose
            initial determination of eligibility was begun before 1-31-10, are grandfathered from
            having to disclose a SSN. This exemption applies whether or not the participant had
            previously disclosed a SSN or not, and even if the individual moves to a new assisted
            unit. This exemption does not apply to elderly applicants.
           Those individuals who do not contend to have eligible immigration status (e.g., citizens
            and lawfully present non-citizens who state that they have not been assigned a SSN by
            the SSA, such as a permanent resident with a green card) should make such declaration in
            writing and under penalties of perjury to the PHA. The PHA should maintain the
            declaration in the tenant file.
             (NOTE: A family classified as a “mixed family” consisting of two or more household members,
             and at least one member has eligible immigration status, is qualified for prorated assistance.)



          SSN Requirements - Program Applicants
             If an applicant family is otherwise eligible to participate in the Program, until the family
             can provide valid SSN documentation for each of its household members, the applicant
             family may retain its place on the waiting list for the Program (but will be skipped over,
             offering to the next eligible applicant family on the waiting list):
                      MaineHousing and its Agents will (1) temporarily skip over an applicant
                         family missing SSN’s for any of its members, offering to the next eligible
                         family on the waiting list and (2) will retain that applicant family on the
                         waiting list for a period of 90 days.
                      If at the end of 90 days, the family has not produced the SSN documentation,
                         the family will be properly notified and then removed from the wait list.
                      A new wait list status has been created for families without valid SSN
                         documentation, “SSN HOLD”. Agents will change these applicable families’
                         wait list statuses from “ACTIVE” to “SSN HOLD”.
                      Agents will be able to run Wait List Report requesting only the “SSN HOLD”
                         status to help in their tracking of those families who have 90 days to produce
                         valid SSN documentation.


          SSN Requirements - Program Participants
             The PHA must terminate the housing assistance of the entire household if the household
             does not disclose and provide SSN documentation for all of its household members. (See
             HUD 24 CFR §5.218).

             Participants must submit the information if they have:



Revised 12-30-10                                                                       - 25 -
                      Not previously disclosed a SSN.
                      Previously disclosed a SSN that HUD or the SSA determined was invalid.
                      Been issued a new SSN (e.g., witness protection; family violence situations).

          New household members (including children under age 6) who have been assigned a SSN:
            The family must disclose the assigned SSN and provide the PHA with the required SSN
            documentation at the time of the PHA’s request, or at the time of processing the next
            interim or annual reexamination of family income and/or composition HUD 24 CFR
            §5.216(e)(2).

          Children under 6 – who have not yet been assigned a SSN:
             HUD’s rule providing a 90-day period for the disclosure of a SSN applies solely to new
             household members under the age of 6 who do not already have a SSN.


          Granting an Extension
             The Agent may grant one additional 90-day extension if it is determined:
              The failure to meet the SSN disclosure and documentation requirements was due to
                unforeseen circumstances outside the control of the family; and
              There is a reasonable likelihood that the family will be able to disclose the SSN and
                provide by the deadline.

          Pending receipt of the SSN documentation, the Agent shall:
              Include the child as part of the assisted household and the child shall be entitled to all
                the benefits of being a household member.
              MaineHousing can assign an Alternate ID in PIC and then replace with the SSN
                within 90 calendar days of the child being added to the household.


Original SSN Documentation
      HUD required viewing original and verifying for validity:
       An original SSN card issued by the SSA.
       An original SSA-issued document which contains the name and SSN of the individual
       An original document issued by a federal, state or local government agency which contains
          the name and SSN of the individual.

          MaineHousing/Agent Steps:
             View the original.
             Take a copy of the original; and initialize (confirms having viewed original).
             Return the original to the individual.
             Retain a copy for the family file.
             Record the SSN in Elite.
             MaineHousing will transmit to PIC.




Revised 12-30-10                                                                   - 26 -
        Viewing Original SSN Documentation
        To address HUD’s requirement for viewing originals, MaineHousing and its Agents will:

            Require new applicants to:
              Family brings originals in with their application, or
              Family brings original with them to briefing.
              Those applicant families failing to provide original SSN documentation for all its
               members will not be issued a voucher.

            Require existing participants who are new household members or have failed social security
            number verification to:
              Family brings original to MaineHousing/Agent main offices or satellite offices, or
              Family supplies DHHS-verification (stamped) document indicating that DHHS offices,
               have already verified social security numbers through their own verification processes.
               (MaineHousing/Agents cannot send families to DHHS offices to have DHHS verify!)
              Family mails originals and Agent returns by mail. (Least preferred method).

                MaineHousing has ordered stamps FOR ALL AGENTS stating: “Viewed Original
                By: Worker’s Initials Date: 00/00/00”



FAMILY RELATIONSHIPS

Family relationships are verified to the extent necessary to determine a family’s eligibility and level of
assistance. Applicants and participants are required to identify the relationship of each household
member to that of the head of household.

    Marriage

    recognize “common law marriage”. Martindale-Hubbell Law Digest, volume 1, page ME-27, common
    A certificate of marriage is sufficient to verify that a couple is married. Maine does not

    law marriage is “not recognized”. It cites a Maine Supreme Judicial Court case which states that “common
    law marriages are not recognized as valid under the laws of the state” (Pierce v. Secretary of U.S. Dept. of
    Health, Education and Welfare, 254 A.2d 46 (1969).

    Separation or Divorce
     A copy of a divorce or court decree, signed by a court officer, is sufficient document that a
       couple is divorced.
     A copy of a court record of separation is sufficient to document a marriage separation.

    Absence of Adult Member
    If an adult member of the household is reported to be permanently absent from the household
    by the family, and whose absence has an economic impact on the household (e.g., individual
    was the major wage earner), the family must provide evidence to support that the person is no
    longer is a member of the household. Documentation can include copies of:



Revised 12-30-10                                                                               - 27 -
   √   New Lease rental agreement
   √   Utility bills under new address
   √   Cancelled checks for new rent
   √   US Postal Service change of address

   If no other proof can be provided, MaineHousing/Agent will accept a notarized, written self-
   certification from the family.

   If the adult family member is incarcerated, a document form the Court should be obtained
   stating the length of time s/he will be incarcerated.

   Foster Children and Foster Adults
   With MaineHousing/Agent approval, families may have foster children or foster adults live with
   them if it would not result in overcrowding.

   MaineHousing/Agent will accept third party written verification from the state or local
   government agency responsible for the placement of the individual with the family.

   A child who is temporarily away from the unit due to placement in foster care is still counted in
   determining the unit size.

   Foster children and adults are never considered as dependents, and therefore do not
   receive the $480 dependent allowance.

   Payments received for the care of foster children/adults are excluded from household income.

   See 24 CFR 982.516 regarding HUD issued notice dated November 4, 2008 stating that Kinship
   Care Payments are income exclusions when foster children are placed with relatives.

   Income from employment of children (including foster children) under the age of 18 is
   excluded.

   Reasonable child care expenses for the care of children (including foster children) age 12 or
   younger may be deducted from annual income if ALL of the following is TRUE:
    The care enables the family to work, seek work, or further education.
    The care expenses are not reimbursed by an individual or agency outside of the household.
    The cost of the care doesn’t exceed the amount earned.

Students
   MaineHousing/Agent requires families to provide information regarding full-time student status
   of family member 18 years or older, excluding head, spouse, co-head, or foster children. This
   information will be verified only if:
   √ The family reports full-time student status for an adult other than the head, spouse, co-
       head or foster children.




Revised 12-30-10                                                                      - 28 -
   √ The family reports a childcare deduction to enable a family member to further his/her
     education.

          Verification of Full-Time Student Status
          o Written third-party verification can come directly from the Admissions or Registrar’s
             office of the educational institution attended, or from others such as dean, counselor,
             advisor or from VA Office.
          o School records, indicating enrollment for sufficient number of credits to be
             considered a full-time student by the education institution.


   Independent Students
   HUD 24 CFR 5.612
   This applies only to students who are seeking assistance on their own, separately from
   their parents. It does not apply to students residing with parents who are either seeking or
   receiving HCV assistance.

   MaineHousing/Agent will determine whether the student is exempt from the restrictions in 24
   CFR 5.612 by verifying any one of the following exemption criteria:
      √ The student is enrolled at an educational institution that does not meet the definition of
         institution of higher education in the Higher Education Act of 1965 (e.g., a beauty
         school)
      √ The student is at least 24 years old.
      √ The student is a veteran.
      √ The student is married.
      √ The student has at least one dependent child.

   If MaineHousing/Agent cannot verify at least one of these exemption criteria,
   MaineHousing/Agent will conclude that the student is subject to the restriction on assistance at
   24 CFR 5.612. In addition to verifying the student’s income eligibility, MaineHousing/Agent
   will then proceed to verify either the student’s parents’ income eligibility or the student’s
   independence from his/her parents.

   Verifying Independence
   MaineHousing/Agent will verify a student’s independence from his/her parents to determine
   that the student’s parents’ income is not relevant for determining the student’s eligibility by
   doing all of the following:
       √ Either reviewing and verifying previous address information to determine whether the
           student has established a household separate from his/her parents for at least one year
           or reviewing and verifying documentation relevant to determining whether the student
           meets the US Department of Education’s definition of “independent student”.
       √ Reviewing prior year income tax returns to verify whether a parent has claimed the
           student as a dependent.




Revised 12-30-10                                                                     - 29 -
       √ Requesting and obtaining written certification directly from the student’s parents
         identifying the amount of support they will be providing to the student, even if the
         amount of support is $0.00.


Checklist – When a Family Dependent Turns 18 Years Of Age

       Income - When a dependent become an adult (turns 18 years of age), we begin counting their
       earned income unless they are a full-time student, in which case, we only include the first $480.00
       dollars. This income will not be included until the following annual certification.

       Voucher Size - The voucher size may change because the dependent has become an adult. The
       voucher size will be changed at the following annual certification.

       Certification - Following the individual’s turning 18 years of age, at the next certification - annual
       (or interim), the following documents would be provided to this adult household member:

Effective 6-1-10: A HUD-52675 “Debt owned to PHA and Termination” (Each household member must sign a
separate HUD-52675 form). This new form must be signed by both applicants and existing tenants. Agents must
retain a copy on file, therefore 2 copies must be sent to all tenants with their annual review paperwork, to include
any other adult household members (18 or older). All adult applicants (18 years or older) must sign at briefings.
And all new adult household members must sign as well.
            •

           •   A HUD-9886 "Authorization to Release Information" form. (Adult household members can
               sign one HUD-9886 form). Send general release forms as well.

           •   A copy of the HUD Brochure “What you should know about EIV” (no signature block)

           •   A copy of the HUD 92006 - Supplement to Application for Federally Assisted (caseworker
               contact form) will be attached with the Household Declaration at the following annual
               certification.

       Unless Missing -
       We do not require a new Declaration of Section 214 status be signed by this individual because this
       form should already be one on file having been signed by the parent or guardian.

       We do not require a criminal consent form be signed by this individual because we do not perform
       criminal background checks of existing participants who are already household members of
       participating family.


Verifying Disability Status




Revised 12-30-10                                                                       - 30 -
   MaineHousing/Agent must verify the existence of a disability status if income disallowances and
   deductions from income depend on the status.

      Disabled Family Deduction
      HUD 24 CFR §5.611(a)(2)
      A disabled family is defined as a family whose, head, spouse, or sole member is a person with
      disabilities. It may include two or more persons with disabilities living together, or one or more
      persons with disabilities living with one or more live- in aides. See HUD 24 CFR §5.403.

      A person with disabilities is defined as a person who has a disability, as defined in 42 USC 423;
      is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment
      that (A) is expected to be of long-continued and indefinite duration; (B) substantially impedes his
      or her ability to live independently; and (C) is of such a nature that the ability to live
      independently could be improved by more suitable housing conditions; or has a developmental
      disability as defined in 42 USC 6001.

      Note: If the household is classified as a disabled family and an elderly family, the household is
      entitled to only one $400 deduction.

   HUD 24 CFR 100.202(c)
   MaineHousing/Agent is not permitted to inquire about the nature or extent of a person’s
   disability, or a person’s diagnosis or details of treatment for a disability or medical condition.
   Under no circumstances will MaineHousing/Agent request an individual’s medical records.
   If MaineHousing/Agent receives a verification document containing medical information,
   MaineHousing/Agent will black out this information before putting in the tenant file.

          The above cited regulation does not prohibit the following inquiries, provided these
          inquiries are made to ALL individuals, whether or not they are persons with disabilities,
          (e.g., Agent may ask an indivdual whether they need a unit with accessible features,
          provided the Agent is asking all of its participants this same question, regardless of
          whether they appear to have a disability, or not). (See attachment to PIH Notice 2004-01
          Verification Guidance (P.24) at end of this section):
                Inquiry into an applicant’s ability to meet the requirements of ownership or
                   tenancy.
                Inquiry to determine whether an applicant is qualified for a dwelling available
                   only to persons with disabilities or to persons with a particular type of disability.
                Inquiry to determine whether an applicant for a dwelling is qualified for a priority
                   available to persons with disabilities or to persons with a particular type of
                   disability.
                Inquiring whether an applicant for a dwelling is a current illegal abuser or addict
                   of a controlled substance.
                Inquiring whether an applicant has been convicted of the illegal manufacture or
                   distribution of a controlled substance.




Revised 12-30-10                                                                        - 31 -
          Receiving SSA Disability Benefits
             If the head, spouse or sole member is receiving disability benefits (Supplemental Security
             Income (SSI) or Social Security Disability Insurance (SSDI)), the Social Security
             Administration considers this individual as disabled.

                     Social Security Disability Insurance (SSDI)
                     SSDI is a monthly benefit for people who are “insured”, meaning (1) they have
                     worked in the past and paid Social Security taxes, and (2) they have a medical
                     condition that has met Social Security’s definition of a disability. To receive SSDI,
                     their disability must be expected to last at least one year or result in death. They do
                     not receive SSDI benefits for partial or short-term disability (less than a year).

                     Supplemental Security Income (SSI)
                     SSI is a Federal income supplement program funded by general tax revenues (not
                     Social Security taxes): It is designed to help (1) aged, blind and disabled people, who
                     have little or not income and, (2) provide cash to meet basic needs for food, clothing
                     and shelter. Therefore, if someone is receiving SSI, they are most likely also receiving
                     food stamps and Medicaid.


                     VERY IMPORTANT!:
                     MaineHousing/Agents can use EIV System to verify payment of SSA disability
                     benefits, but should not use EIV System to verify disability status. Per HUD’s
                     December 16 and 17, 2008 EIV Webcast, Q&A session, HUD has posted on its
                     website:

                     Question 40 asks:
                     “If the “Disability” status indicator in the EIV Income report shows “Yes”, are PHA’s to
                     give the $400 deduction for disabled families as required by 24 CFR 5.611…?”

                     HUD’s answer:
                     “No. The “Disability” status indicator in the EIV Income Report is not 100% accurate
                     and should not be used for determining whether or not a tenant qualifies as
                     disabled…”

                     In addition:
                     Question 44 asks:
                     “Will EIV ever display SS/SSI benefit data for tenants receiving such benefits under a
                     different SSN? Some tenants receive benefits under their spouses’ SSNs.”

                     HUD’s answer:
                     “EIV will only display benefits, wage-related, and disability status information
                     associated with the tenant’s SSN. Therefore, if the tenant is receiving SS/SSI benefits
                     under another individual’s SSN, then EIV will not capture this income information on
                     reports for the tenant.”




Revised 12-30-10                                                                      - 32 -
           Not Receiving SSA Disability Benefits
              For family members claiming disability that do not receive disability benefits from
              the SSA, a knowledgeable professional must provide written third-party verification
              that the family member meets the HUD definition of disability. A knowledgeable
              professional will verify whether the family member does or does not meet the HUD
              definition.


Medicare Data

This section of the EIV Household Income Report contains Medicare data for each household member:
    Payee Name and Address

    Buy-in Start and End Dates TIP: These dates are when an individual, or a third party, started or
    Premium amounts for the Hospital and the Supplemental Medical Insurances

       ended paying for premium.
    Buy-in Status (Yes or No)

   SS Information – Medicare Buy-in Status = “Yes”

   When there is a "Y" under Buy-in on the EIV Household Income Report, it means a third party or
   someone else (the State, another organization or another entity) and NOT the tenant is paying for the
   Supplemental Medicare Insurance premium.

   In this case, the MaineHousing/Agent does NOT include/use the Supp. Medicare Insurance premium
   amount as an allowable Medical deduction for the tenant.

   The GROSS benefit amount reflects the amount BEFORE the Medicare insurance premium
   deduction.

   The NET benefit amount reflects the amount AFTER the Medicare premium deduction.

       The Gross and Net Social Security Benefit amounts will be the SAME when the insurance premium
       was not withheld from the individual’s social security check.




Revised 12-30-10                                                                    - 33 -
      SS Information – Medicare Buy-in Status = “No”
      When there is an "N" under Buy-in on the EIV Household Income Report, it means the tenant is
      paying for the Supplemental Medicare Insurance premium themselves.

      In this case, the MaineHousing/Agent DOES includes/uses the Supp. Medicare Insurance premium
      amount as an allowable Medical deduction for the tenant.

      The Gross and Net Social Security Benefit amounts will DIFFER because the insurance amount
      was withheld from the tenant’s social security check.

      The example below demonstrates the difference being what the tenant paid towards the
      Supplemental Med. Insurance: Gross Benefit: $790.40 – Net Benefit: $694 = Diff: $96.40 tenant-
      paid insurance premium.




Revised 12-30-10                                                                - 34 -
   Dual Entitlement
   A worker cannot qualify for both their own full retirement benefits and the full retirement benefits of
   their spouse. Although a married worker theoretically qualifies for both retirement benefits from his or
   her own earnings record and a spousal benefit equal to 50% of the spouse’s retirement benefit, the dual
   entitlement rule limits/reduces the spousal benefit dollar for dollar by the amount of retirement benefits
   for which a worker qualifies under their own earnings record.
   An exception is made if the lower-earning spouse’s benefits are less than 50% of the higher-earning
   spouse’s benefits. In that case, the lower-earning spouse would also qualify for a spousal benefit equal to
   the difference between his or her retirement benefits and 50% of the higher-earning spouse’s benefits.



    If two spouses each qualify for $1,200/mo for their own earnings records and for spousal benefits of $600/mo
    Scenario 1:

    (one half of the basic retirement benefit), they would received a total benefit of only $2,400 ($1,200 per
    worker). Both spouses are ineligible for the $600 spousal benefit because their individual retirement benefits




Revised 12-30-10                                                                            - 35 -
    are greater.


    If one spouse received $1,200/mo and the other received $400/mo from Social Security, the lower-earning
    Scenario 2:

    spouse would qualify for a $200 spousal benefits. In this case the $600 spousal benefit from the higher-
    earning spouse would be reduced by the lower-earning spouse’s benefit ($600 - $400 = $200), leaving a $200
    spousal benefit.


   The Dual Entitlement section of the EIV Household Income Report contains dual entitlement
   information for each household member:
        Claim Number (the other person’s SSN the tenant is being paid under)
        Payment Status Code
        Date of Current Entitlement
        Net Monthly Benefit if Payable
        Payee Name and Address
        Benefit History


   Citizenship or Eligible Immigration Status – HUD 24 CFR 5.508

       Housing assistance is not available to persons who are not citizens, nationals, or eligible
       immigrants. Prorated assistance is provided for "mixed families" containing both eligible and
       ineligible persons.

       All families must provide a “Declaration 214 Status” certification form for each family
       member to classify each member as either a U.S. citizen, a U.S. national, an eligible
       noncitizen or an ineligible noncitizen. Once eligibility to receive assistance has been verified
       for an individual it need not be collected or verified again during continuously-assisted
       occupancy. See HUD 24 CFR 5.508(g)(5).




Revised 12-30-10                                                                         - 36 -
2010 HUD Verification Guidance:

HUD Notice PIH 2010-3 – Issued January 20, 2010 –Guidance – Verification of Social Numbers
(SSNs), Social Security (SS) and Supplemental Security Income (SSI) Benefits

HUD Notice PIH 2010-19 – Issued May 17, 2010 – Administrative Guidance for Effective and
Mandated Use of the EIV System.


2010 HUD Webcasts to View:

1-28-10 - Refinement of Income & Rent Rule

4-14-10 - Mandatory Use of Eliv Final Rule




Revised 12-30-10                                                               - 37 -
Self-Certification of Age

                                         MaineHousing Housing Choice Voucher Program
                                                    CERTIFICATION OF AGE




 Head of Household:                                                              SSN:
 Family Member who is certifying their age:                                      SSN:
 Unit Address:                                                                   City:
Positive identification is required for all household members. Acceptable identification to show proof of age includes, but
is not limited to: birth certificate, baptismal record, census records, adoption records, school records, or driver's license if
birth year is recorded. For elderly family members an original document that provides evidence of the receipt of social
security retirement benefits is also acceptable.
If an official record of birth cannot be provided, MaineHousing/Agent will require the family to self-certify proof of age:


I,         , hereby certify under penalty of perjury, that the information presented in this certification is true and
accurate to the best of my knowledge. The undersigned further understand(s) that providing false representations
herein constitutes an act of fraud. I understand that providing false, misleading or incomplete information may result in
the termination of my housing assistance.
Father’s Name: _________________________________________________________
Mother’s Name: ________________________________________________________
Date of Birth: ___________________________________________________________
Place of Birth: __________________________________________________________


______________________________________     ___________________________________________   _________________
Head of Household Signature                Print Name                                          Date
______________________________________     ___________________________________________   _________________
Family Member Signature                    Print Name                                         Date
______________________________________     ___________________________________________   _________________
Witness Signature                          Print Name                                          Date




Zero Income Questionnaire Form:

                                         MaineHousing Housing Choice Voucher Program
                                                CERTIFICATION OF ZERO INCOME


                            (To be completed on a quarterly basis, by all adult household members)
 Household Name:                                                                 SSN:
 Unit Address:                                                                   City:


I hereby certify that I do not individually receive income from any of the following sources:
     1. Employment wages including:
     2. Unemployment compensation.




Revised 12-30-10                                                                                             - 38 -
     3.   Income from business operation: Sales from self-employment resources.
     4.   Rental income from real or personal property.
     5.   Interest/dividends from Assets: Savings/checking accounts, annuities, insurance policies, retirement funds,
          pensions or death benefits.
     6.   Social Security (SS) and/or Supplemental Security Income (SSI) benefits.
     7.   Public assistance payments including: TANF, State Supplement, General Assistance (reoccurring).
     8.   Regular contributions/gifts received from person not living in the household.
     9.   Alimony and/or Child Support payments.
Under penalty of perjury, I certify that the information presented in this certification is true and accurate to the best of
my knowledge. The undersigned further understand(s) that providing false representations herein constitutes an act of
fraud. I understand that providing false, misleading or incomplete information may result in the termination of my
housing assistance.
______________________________________   ___________________________________________    _________________


______________________________________   ___________________________________________    _________________
Head of Household Signature              Printed Name                                       Date


Other Adult Member(s)                    Printed Name                                       Date
Please list the payment sources for the following expenses. YOU MUST PROVIDE ONE MONTH’S RECEIPTS FOR
EACH ITEM FOR WHICH YOU ANSWER “YES”.

                                               List source of
                                           How are you paying?

 Expenses                                   funds/contributions      Address of Source   $ Amount Paid


 Family’s weekly grocery bill is
 Food.



 Do you receive Food Stamps?
 $_______________ X 4 wks


    Yes, Amount: $________
    No

 See Reverse Side To Complete



                                                    List source of
                                                How are you paying?

 Expenses                                        funds/contributions                   Address of Source    $ Amount Paid


 Does anyone in your family have a
 Communications.


 telephone?
    Yes        No
 Cell phone?
    Yes        No
 Internet connection?
    Yes        No


 Bus fares. Taxi fares. Personal car
 Transportation.

 expenses: gas, insurance,
 maintenance, or tires.




Revised 12-30-10                                                                                             - 39 -
 Does anyone in the family own a
 car?
   Yes       No
 If yes, are there monthly payments
 due on the car?
   Yes       No
 If yes, how does your family pay the
 payments, gas, maintenance,
 insurance, tires?


 Family’s weekly paper product bill
 Grooming.


 is: $______________
 (Include paper towels, toilet
 paper.)
 Family’s weekly grooming bill is:


 (Include soaps, deodorant,
 $______________


 toothbrushes, toothpaste,
 cosmetics, hair products, barber,
 beautician services etc.)

 Family’s weekly cleaning products
 bill is $______________
 (Include dish soap, laundry
 detergent, and other household
 cleaning products.)
 Family’s estimated monthly
 clothing & shoe costs are:


 (Include clothing, shoes,
 $________________


 laundry/dry cleaning).


 Does any family member
 Smoking Expenses.


 smoke/use tobacco products?
   Yes       No
 (Includes cigarettes, pipe, cigars,
 chewing tobacco etc.)
 Family’s weekly tobacco bill is
 $_______________


 Does your household have cable TV
 Entertainment.


 or dish satellite?
   Yes       No
 If yes, does the household have
 basic cable or premium channels?




Revised 12-30-10                        - 40 -
    Basic       Premium
 Family’s average monthly cost for
 cable/satellite TV service is


 What is the average weekly costs of
 $____________.


 the following:
 Magazines $____________
 Movies/Rentals $__________
 Club Memberships $__________


 Does any household member have
 Medical Expenses.


 any unreimbursed medical
 expenses?
    Yes       No
 If yes, what are the monthly
 average costs for these expenses?
 $________________


 Please list and detail:
 Other Expenses.




 YOU HAVE COMPLETED THIS FORM!




                                                                    DATE
New Elite Cover Letter for Zero Income Questionaire:



TENANT
TENANT Address


Dear TENANT:


Enclosed is a Statement of No Income form for you to sign and return to this office no later than DATE.


Please keep in mind while filling out this form that the following things are considered income:
    1.    Money From the return of bottles and cans.




Revised 12-30-10                                                                                          - 41 -
   2.   Money given to you by friends or family members (even if it is given to you in exchange for services you may
        have provided for them.
   3.   Money from your local General Assistance office.
   4.   Bills that are paid for you by friends or family members i.e., cell phone, cigarettes, cable, etc.
   5.   The value of non-perishable items and paper goods given to you by friends or family members, i.e., clothing,
        toiletries including toothpaste, deodorant or shampoo, paper towels, bedding, etc.
   The items listed above are examples of things that are considered to be income for the purposes of this program.
   There may be others that are not listed, however, it is your responsibility as a participant in the Section 8 Housing
   Choice Voucher Program to report income to our office. If you do not have the exact dollar amount, please estimate
   as accurately as you can the total amount.
   Failure to report income as required could result in the termination of your rental assistance. Please contact this
   office with any questions you may have at TELEPHONE NUMBER.


                                                                           Sincerely
                                                                           YOUR NAME AND TITLE




Revised 12-30-10                                                                                             - 42 -
EIV Brochure (Without signature block)




EIV Brochure (With signature block)




Revised 12-30-10                         - 43 -
       Section 29 - Records Retention

HUD 24 CFR § 85.42 - Retention and Access Requirements for Records.

Minimum Retention Requirement
HUD requires a minimum retention of 3 years starting from the date of end participation or
in the case of a port-out, the absorption date by another housing authority. MaineHousing
has adopted this 3 year retention as its policy.


Revised: HUD 24 CFR §908.101
   MaineHousing’s record retention policy for the EIV Income Report is to retain in the
   tenant file for the duration of tenancy and no longer than three years from the end of
   participation (EOP) date. Electronic retention is also permissible.

   In accordance with revised regulation, 24 CFR §908.101, PHAs are required to maintain
   at a minimum, the last three years of the form HUD-50058, and supporting
   documentation (including the EIV Report) for all annual and interim reexaminations of
   family income. All records are to be maintained for a period of at least three years from
   the effective date of the action. It is MaineHousing/Agent record retention policy to
   retain in file and/or electronically, all tenant records until 3 years after End of
   Participation (EOP). Following the retention period of 3 years following end
   participation, EIV income reports must be destroyed by shredding.




Revised 6-7-10



                                            -1-
        Section 30 – Project Based Vouchers (PBV)

Background and Objective

The Department of Housing and Urban Development (HUD) Project-Based Voucher
(PBV) Program regulations (24 CFR 983) allow MaineHousing to use a portion of its
existing budget authority to attach up to 20% of its Housing Choice Voucher Program
(HCVP) funding to specific units in buildings. The selection process must be outlined in the
Phi’s Administrative Plan. HUD may need to review and approves the final selection.

Many of the project facilities MaineHousing has approved have been for the frail elderly,
victims of domestic violence, or homeless in supportive housing.

Non-voucher holders may live in a Project Facility unassisted, even if the contract allows
subsidy for all units.

A person with a tenant-based voucher can also live in a Project Facility that has project-
based voucher tenants. However the tenant-based voucher is treated as such, and does not
count as project-based voucher.

When a PBV unit turnover occurs, that unit must be occupied by another PBV-eligible
tenant in order to continue to obtain project-based assistance.

Any exceptions must be go through MaineHousing (Maureen Brown) as the HAP contract
would require amending to assign a different unit for PBV under the contract.


Housing Assistance Payment (HAP) Contract
The purpose of the HAP contract is to provide housing assistance payments for eligible
families. MaineHousing makes payments to the Project owner/manager in accordance with
the HAP contract for contract units leased and occupied by eligible families during the HAP
contract term. MaineHousing does not pay HAP for vacant units.

PBV HAP contracts are customarily for 10-years, however the law changed on July 30, 2008
permitting an initial contract of 15 years with possible renewal increments of 15 years,
depending upon review of the project’s purpose and availability of HUD funding.

HAP contracts for the PBV Program are executed through MaineHousing’s central office
(Maureen Brown).

Property owners/managers will be notified in writing of any violations of owner obligations
under the HAP contract and will be given a specified period of time to take corrective
action. Failure to correct violations can result in:
     Abatement of HAP for those days the owner was not in compliance,
     Termination of the HAP contract, and/or




Revised 10/30/09           -1-
     Disapproval as a participating owner in the future.


HQS Inspections
Each building will be inspected prior to the initial execution of the initial HAP contract.

Each contract unit will be inspected prior to a participant moving into a unit. The initial
inspection is to be conducted within 5 working days after the MaineHousing Agent has
received the completed Request for Tenancy Approval (RTA) from the Property
owner/manager.

To expedite the inspection process, MaineHousing’s Agent can conduct a HQS inspection in
advance of a PBV tenant being selected for, or moving into a PBV unit, with the
understanding that the HAP payment will not begin until the effective date of lease, which
must be on, or after the passed inspection.

The MaineHousing Agent will inspect contract units whenever needed to determine the
contract units comply with the HQS and that the owner is providing maintenance, utilities
and other services in accordance with the HAP contract. MaineHousing will take into
account complaints and any other information coming to its attention in scheduling
inspections.

Annual HQS inspections for contract units must be performed within 364 days of the prior
inspection date.

The MaineHousing Agent will conduct follow-up inspections needed to determine if the
owner/property manager (or family or individual) has corrected an HQS violation within the
appropriate timeframe of the given failure, (e.g., 24-hours - life threatening; 48-hours
emergency situations, 30 days – other HQS violations).

HQS violations that exceed the specified correction time will be abated beginning the first of
the month following the failure date to comply. HAP may begin again on the date the unit is
brought into compliance. HAP will not be retroactively paid for the abatement period.


Tenant Eligibility and Selection
In order for PBV applicants to receive HAP assistance under the Housing Choice Voucher
Program they must meet all the necessary HUD eligibility requirements and guidelines by
providing the following:
     Complete a MaineHousing application. Updated applications (completed and signed
       within the last 60-days must be included with every prospective tenant file, regardless
       of when the individual originally applied.
     Furnish copies of social security numbers and birth certificates for all family or
       individual members.
     Provide citizen verification (Declaration 214 Form) for each family member – must
       be a United States citizen, or an Eligible Non-Citizen.




Revised 10/30/09           -2-
    Not owe money to any housing authority (RIFME check).
    Provide a criminal release for each adult family member. If a criminal record
     indicates any current or previous drug-related criminal activity or violent crime
     within the last 3-years, the applicant will be denied assistance, with the right to an
     informal review. If the individual is a lifetime registrant under the state sex offender
     laws, the applicant will be ineligible for assistance, with the right to an informal
     review.
    Complete the application process by providing truthful and verifiable information
     about income and family or individual circumstances.
    Cooperate in the third-party verification process for:
      Income sources including wage, self-employment income, Social Security, SSI,
         SSDI benefits, pensions, unemployment benefits, Workers Compensation
         benefits, child support or alimony,
      Asset sources including checking and savings accounts, retirement accounts,
         investments, real estate, including those disposed of in the last 2 years,
      Deduction sources including medical expense breakdowns and/or child care
         expenses.
    An applicant must be within the appropriate household income limits as established
     annually by HUD.

Because the PBV rents are set by contract, PBV tenants will always pay 30% of their total
adjusted household income towards utilities and rent. The test to be sure the tenant pays no
more than 40% of their income is not required.


The Project Based Voucher
New! HUD has created a HUD-52578b form to use in place of the voucher for Project-
Based housing assistance. This Statement of Family Responsibility (SFR) explains the family
obligations and is issued at the briefing. (See copy of form at the end of this section).

The unit that the family will be moving into must be listed and the tenant and MaineHousing
agent must sign the form.

Collaboration
Because application and verification processes are time driven they flow more smoothly with
the cooperation of all parties involved. MaineHousing encourages the Property
owner/manager to help to obtain completed forms and third party verifications from
prospective tenants and to clearly mark/indicate “PBV Project (name)” on all its
correspondence and applications to the MaineHousing Agent.

The total eligibility process can take anywhere from 2 weeks up to 6 weeks; depending upon
the time it takes for the MaineHousing Agent to receive back all the necessary completed
forms and verifications. Once the MaineHousing Agent has been provided with the
completed verifications and forms they should be able to approve eligibility within 5 working
days.




Revised 10/30/09          -3-
However, as stated above, this process will take longer since several steps can be outside the
Agent’s control and until all completed information is forwarded to the MaineHousing
Agent, a HAP payment cannot be released.


Waiting Lists
PBV waiting lists are established for targeted populations and are site-specific. Criteria for
PBV assistance can vary from site to site.

The MaineHousing Agent will create a separate project-specific PBV waiting list by project.

The MaineHousing Agent will review their existing county waiting list for potential eligible
applicants, and offer to place them on a project-specific PBV waiting list.
NOTE: Only after initial eligibility for tenant-based voucher assistance has been confirmed,
will the MaineHousing Agent place the applicant on the site-specific PBV waiting list.

A Property owner/manager can accept prospective tenants referred from the MaineHousing
Agent who is maintaining the waiting list.

When an applicant applies directly to the Project owner/manager, the Project
owner/manager must immediately forward this applicant’s information along to the
MaineHousing Agent for proper order of placement on the PBV waiting list.

The MaineHousing Agent is screening for Program eligibility, while the Project
owner/manager is screening for Project eligibility.

Therefore, the Property owner/manager selects the applicant’s suitability with regards to the
project. When an applicant reaches the top of the PBV wait list, the MaineHousing Agent
immediately notifies the Project owner/manager, who in turn, follows their own established
procedures to determine eligibility and suitability to the Project/Facility:

If the applicant is ineligible for the project under the specific guidelines of the project or
facility, the MaineHousing Agent will notify the applicant and remove them from the
project-specific PBV waiting list. The applicant may remain on MaineHousing Agent’s
tenant-based voucher waiting list IF OPEN.

If the applicant is eligible for the project, the MaineHousing Agent will begin the screening
and verification procedures for program eligibility under the HCV rules and guidelines (24
CFR 983).


The Lease
The tenant and the Property owner/manager must execute a written lease for the PBV unit.




Revised 10/30/09            -4-
Because MaineHousing is the mortgagee on these projects, the lease form is approved by the
Asset Manager however, for each tenant that leases up under the PBV contract, a lease and
tenancy addendum must be reviewed by the occupancy staff approving the tenancy.

The Property owner/manager must provide a copy of the executed lease to the
MaineHousing Agent in order to issue the HAP payment.

A valid lease must specify:
    The names of the owner and tenant,
    The address of the unit rented, including unit number,
    The amount of the monthly rent to the owner
    The utilities and appliances to be supplied by the owner
    The utilities and appliances to be supplied by the tenant
    The initial term of the lease - must be one year
    The HUD-prescribed Tenancy Addendum (Form 52641-A) must be attached to the
        lease before the lease is executed.
    The responsibility for utilities, appliances and optional services must correspond to
        those provided on the Request for Tenancy Approval (RTA). This document is
        required to meet program guidelines.

No side agreements to the lease or HAP contract may be made. It is a violation of federal
regulations for a Property owner/landlord to require any payments in excess of the agreed
upon amounts.

The family or individual may terminate the assisted lease after the first year of occupancy and
will be issued a tenant-based voucher if funding permits. The family or individual can
terminate before the end of a lease or in accordance with a mutual rescission between the
owner and tenant but may not be eligible for a tenant-based voucher.

Though the initial term of the lease is one year, the Property owner/manager has the right to
evict for just cause. The Property owner/manager must forward the MaineHousing Agent a
copy of the eviction notice. Evictions must be processed according to Maine State Laws.


Lease Renewal
If there is no renewal term specified in the lease, either party can terminate upon giving
notice 30 days prior to the rent day. Under Maine Tenant Laws after the initial term of the
first year, the terms of the original lease automatically renew on a month-by-month basis.


Rent
For PBVs under the HCVP, the Gross Rent is the contract rent (set by MaineHousing) +
any utility allowance for tenant-paid utilities.




Revised 10/30/09           -5-
Gross rents are typically set at 110% of HUD’s Fair Market Rent (FMR). In some instances
for the area where a property is located, projects with Low Income Housing Tax Credits
(LIHTC) may be eligible for higher rent.


Rent Adjustments
The Property owner/manager must request in writing to MaineHousing (Alison Dyer) for a
rent increase at least 60 days prior to the annual anniversary of the HAP contract. The
Property owner/manager must certify that proportional and similar increases will be applied
to all units in the project.


Possible reasons for rent re-determination:
    There is a 5% or greater decrease in the published FMR, as compared with the
       current FMR in effect.
    MaineHousing approves a change in the allocation of responsibility for utilities
       between the owner and the tenant.
    There is a change that may substantially affect the reasonable rent.


Rent Reasonableness
Rents charged must be reasonable in comparison to other rents charged for similar,
unassisted units in the local market.

Rent reasonableness tests will be applied by MaineHousing’s central office (Alison Dyer) for
all PBV units. In determining the rent reasonableness of a contract unit MaineHousing
considers such factors as the location, quality, size, unit type, age and amenities of the
contract unit in comparison to the private unassisted market of the area.


Annual Certifications
All tenants will have a re-exam scheduled 120 days prior to the tenant certification
anniversary date, and will be so informed annually. Re-exam forms will be mailed to the
tenant for completion and return to the MaineHousing Agent. Tenant assistance in
completing the re-exam forms will be available upon request. MaineHousing also
encourages the Property owner/manager to help in obtaining this completed information.

The MaineHousing agent will forward copies of the amendment to the HAP contract to the
tenant, the Property owner/manager and to MaineHousing (Alison Dyer).


HAP Payment
The total rent payment is made up of the tenant’s portion of the rent and the HAP payment.




Revised 10/30/09          -6-
Each month MaineHousing shall make a housing assistance payment to the owner for each
contract unit that complies with the HQS and is leased to and occupied by an eligible family
or individual in accordance with the HAP contract.

MaineHousing will make housing assistance payment to the owner during the term and
accordance of the HAP contract. The payments will be made for the months during which a
contract unit is lease to and actually occupied by an eligible family or individual.

Before a HAP payment can be released, the following required information must be
completed and forwarded to the MaineHousing Agent by the Property owner/manager (and
tenant, where appropriate).
     The executed Lease and attached HUD Tenancy Addendum (HUD Form 52641-A,
        executed by both landlord and tenant.
     The lease date must be either on, or after the passed inspection date.
     The HAP payment cannot begin until the effective date of lease, which must be on,
        or after the passed inspection.
     The Request for Tenancy Approval (HUD Form 52517). (Executed by both
        landlord and tenant).
     W-9
     Lead-Based Paint Disclosures – State and Federal
     Proof of annual heating system servicing
     Note: MaineHousing Agent will need copies of all correspondence between landlord
        and tenant for the tenant file.


Retroactive HAP Payment
The Property owner/manager can move someone into a unit, even prior to Agent’s receipt
of an application for this individual.

However, before the Agent can release a HAP payment to the Property owner/manager, all
required verifications and pertinent documents must have been completed, and received by
the Agent.

Once the Agent has receipt of all completed paperwork, the Agent can pay retroactively as
follows:
     If the unit passed inspection prior to the move-in, the Agent can pay retroactively
        back to the move-in date.
     If the unit has not been inspected or passed inspection before the move-in date, the
        Agent will pay retroactively to the date of the passed inspection.

Again, the HAP payment does not begin until the effective date of lease, which must be on,
or after the passed inspection.

At initial occupancy the Property owner/manager may need to approximate the tenant’s
portion of rent at 30% of the tenant’s self-disclosed income and begin to collect based on




Revised 10/30/09          -7-
this estimate. However, they must keep in mind that once they receive the finalized HAP
payment and tenant rent amounts they may need to adjust the tenant’s portion accordingly:
     If the tenant overpaid their portion, the Property owner/manager should reimburse
         the tenant;
     If the tenant underpaid their portion, Property owner/manager should collect from
         the tenant;
     If Property owner/manager chooses not to do this, that will be their accountability,
         not MaineHousing or its Agent.


Subsidy Termination
The property owner/manager may only terminate any tenancy on the following grounds:
    Non-compliance of rental agreement,
    Criminal activity,
    Other good cause.

MaineHousing reserves the right to terminate subsidy when a tenant is not meeting the
requirements of the HCVP program. If MaineHousing proposes to terminate a tenant’s
assistance, both the Property owner/manager and the tenant will receive 30-day notice of
proposed termination, with the right to an informal hearing. The HAP payment will
continue to the date of hearing determination.


Tenant’s Right to Move
Under a mutual agreement between the Project owner/manager and the PBV tenant, the
PBV tenant may move to a different unit within the Project facility in order to fulfill his/her
initial 12-month lease obligation. The unit must be inspected and approved by
MaineHousing/Agent.

A family may terminate the assisted lease. The family must give the owner and the
MaineHousing Agent advance 30-day written notice of their intent to vacate in accordance
with the lease.


Right to Move (with continued assistance):
At the end of the first year of the lease, a tenant requesting to move from his/her PBV
assisted unit may be placed at the top of the MaineHousing Agent’s tenant-based waiting list
and issued a tenant-based voucher under the HCVP or other comparable tenant-based rental
assistance if the PBV tenant is in good-standing with regard to the compliance of the terms
and conditions of the lease and is current on their portion of the rent.

If this assistance is not immediately available, MaineHousing will give the family priority to
receive the next available opportunity for continued tenant-based rental assistance.
MaineHousing will review the family’s compliance and adherence to HCVP requirements at
the time of each re-certification or at the request of the Property owner/manager.




Revised 10/30/09           -8-
The first year of tenancy is based on the calendar date of the lease-up and is not related to
the anniversary date of the HAP contract.

When a PBV tenant moves, the Project owner/manager will be paid HAP until the day the
tenant moves from the unit. MaineHousing will not pay double subsidy for two units in one
month.




Revised 10/30/09           -9-
Key Points of the Project Based Voucher Program

    Housing Authorities can set aside 20% of the total authorized vouchers for project
     basing

    Selection is either through a financing or selection process or a published Request
     for Proposals

    HUD must approve the proposal to project base at a site

    HQS Inspection of all units must be conducted before contract execution

    HAP contract is executed at MaineHousing and rents are approved by HUD
     Programs Manager

    Contract is for 15 years with an option for another 15 year renewals

    Agents must create a waiting list for applicants and review existing list for potential
     applicants

    The property manager and the agent must share information regarding waiting lists
     and eligibility requirements

    The voucher is issued and a briefing is conducted with the exception of the term of
     the voucher and the ability to port with the voucher. The voucher can only be used
     for the project and in order to move with the voucher, a tenant must live in the unit
     for one year.

    Provided that funding is available, the vacant unit will be available for another
     voucher-eligible applicant.




Revised 10/30/09          -10-
   HUD Form 52578b – Section 8 Project Based Voucher Program – Statement of
   Family Responsibility.




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        Section 31– Family Self-Sufficiency Program (FSS)

Key Points of the FSS Program
    Family self-sufficiency (FSS) is a HUD program that encourages communities to
      develop local strategies to help voucher families obtain employment that will lead to
      economic independence and self-sufficiency.
    Families that are selected to receive a voucher or who currently receive assistance
      through the housing choice voucher programs should discuss participation in the
      FSS program with Maine Housing.
    FSS program services may include, but are not limited to: child care, transportation,
      education, job training and employment counseling, substance/alcohol abuse
      treatment or counseling, household skill training, homeownership counseling.
    Families who receive assistance under the HCV are eligible to participate in the FSS
      program.
    Maine Housing and the head of each participating family execute an FSS contract of
      participation that specifies the rights and responsibilities of both parties. The 5-year
      FSS contract specifies goals and services for each family. Family members must
      fulfill all requirements in order to obtain full benefits.
    An interest-bearing FSS escrow account is established by Maine Housing for each
      participating family. An escrow credit, based on increases in earned income of the
      family, is credited to this account by Maine Housing during the term of the FSS
      contract. Agents must create a waiting list for applicants and review existing list for
      potential applicants.
    FSS program coordinators assure that FSS program participants are linked to the
      supportive services they need to achieve economic self-sufficiency.
    Although it is hoped that families will no longer need housing assistance upon
      completion of the FSS program, some families that complete the program will still
      need assistance for housing. The law provides that a family may complete its FSS
      contract and receive its escrow while continuing to receive housing assistance under
      the voucher program. Provided that funding is available, the vacant unit will be
      available for another voucher-eligible applicant


Program Recruitment
    Brochures/Informational materials provided to HCV participants at briefings.
    Introduce yourself at briefings.
    Mail Brochures/Informational materials to HCV participants annually and at time of
      recertification. Follow up with phone calls.
    Place Brochures/Informational Information in the lobby and waiting area of your
      office.
    Provide Brochure/Informational materials for Housing Inspectors and other HCV
      staff.
    Send to other service providers i.e. DHHS (ASPIRE) Women Work
    Dept. of Labor, Women Work and Community and other agencies that work with
      employment and training opportunities.



                                         -1-
FSS Process
    Provide FSS Assessment to HCV Participant
    Meet w/HCV Participant and discuss FSS Program
    Meet w/HCV Participant and sign Contract of Participation-you will need 50058, the
      effective date of HCV recertification 120 days of the effective date of the Contract
      of Participation
    Implement Goals- Interim/Final Goal -Interim Goals should provide attainable
      steps, Final Goal to find and seek suitable employment, goals can be changed.
    Set up process of communication w/client.
    Develop Client Contact Record- document communication w/client.


Participant Files Include
    FSS Assessment
    Contract of Participation.
    Release of Information.
    Individual Training and Services Plan
    Participant Contact Record
    50058 FSS Addendum
    Annual Escrow statement to participants
    Escrow disbursement statement
    Correspondence, verifications


What are the responsibilities of the FSS Program Coordinators?
FSS program coordinators assure that FSS program participants are linked to the supportive
services they need to achieve economic self-sufficiency.


What requirements must a family meet to participate in the FSS program?
MaineHousing and the head of each participating family execute an FSS contract of
participation that specifies the rights and responsibilities of both parties. The 5-year FSS
contract specifies goals and services for each family. Family members must fulfill all
requirements in order to obtain full benefits. The FSS contract requires that the family
comply with the lease, that all family members become independent of welfare, and that the
head of the family seek and maintain suitable employment. Possible sanctions for
noncompliance with the FSS contract are termination from the FSS program, forfeiture of
the FSS escrow account, withholding or termination of supportive services.


What is the FSS escrow account?
An interest-bearing FSS escrow account is established by MAINEHOUSING for each
participating family. An escrow credit, based on increases in earned income of the family, is
credited to this account by the MAINEHOUSING during the term of the FSS contract. If



                                         -2-
the family completes the contract and no member of the family is receiving cash welfare
assistance, the amount of the FSS account is paid to the head of the family. If
MAINEHOUSING terminates the FSS contract, or if the family fails to complete the
contract before its expiration, the family's FSS escrow funds are forfeited.


Does a family have to give up its rental assistance after the family completes its FSS
contract?
No. Although it is hoped that families will no longer need housing assistance upon
completion of the FSS program, some families that complete the program will still need
assistance for housing. The law provides that a family may complete its FSS contract and
receive its escrow while continuing to receive housing.




                                       -3-
        Section 32 -Homeownership Voucher Program

The Homeownership Voucher Program allows a Housing Choice Voucher Participant who
qualifies as a first-time home buyer to purchase a home and apply their housing assistance
payment toward monthly homeownership expenses rather than rent.


Participant Qualification
A Housing Choice Voucher (HCV) program participant/family who is interested in using
their voucher to purchase a home must meet the following eligibility requirements:

The family must be a current participant in the MaineHousing HCV program and must be in
good standing with the housing authority.

The family must be either 1) A current participant in the Family Self-Sufficiency (FSS)
Program; or 2) A graduate of the FSS Program.

The family must qualify as a first-time homebuyer as defined by 24 CFR §982.4


A first-time homebuyer; A cooperative member
A family of which a family member is a person with disabilities and use of the
homeownership options is needed as a reasonable accommodation

The family must have a minimum of $500 available for an independent home inspection.
Upon issuance of a Homeownership Voucher, the $500 will be transferred to a
MaineHousing held escrow account for subsequent disbursement to cover the cost of home
inspection.

The family has not previously defaulted on a mortgage to purchase a home under the
Housing Choice Voucher Homeownership Program.

The family must not currently owe any money to any housing authorities, nor be in a current
repayment agreement with MaineHousing or any other PHA.

The family must have completed an approved Homebuyers Education Course.


The family must meet minimum income requirements as defined below:
    Non-Elderly/Non-Disabled families must meet the Federal minimum income
      requirement of $14,500. The family must have a gross annual income equal to the
      Federal minimum wage ($7.25 effective July 24, 2009) multiplied by 2,000 hours,
      based on the income of adult family members who will own the home. Welfare
      assistance cannot be used to determine the minimum income requirement.




                                             -1-
    Elderly/Disabled families must have income equal to the current SSI monthly
     payment for an individual living alone, multiplied by 12. For elderly/disabled
     families, welfare assistance payments for family members who will own the home
     will be included in determining whether the family meets the minimum income
     requirement. It will not be included for other families.


The family must satisfy the following employment requirements:
    Non Elderly/Non-Disabled families can meet this requirement by demonstrating
      that one or more adult members of the family who will own the home at
      commencement of the homeownership assistance is currently employed on a full-
      time basis (not less than an average of 30 hours per week); and has been
      continuously employed during the year before commencement of homeownership
      assistance for the family. MaineHousing will consider an individual continuously
      employed so long as there are no breaks in employment exceeding two months.

    Elderly/Disabled families: the employment requirement does not apply. For non-
     elderly/non-disabled families that include a person with disabilities, MaineHousing
     will grant an exemption from the employment requirement if the family requests and
     provides adequate verification that it is needed as a reasonable accommodation.


Issuance of Homeownership Voucher
After meeting the aforementioned eligibility requirements including successful completion of
Homeownership Counseling and recertification of eligibility and income, the family will be
approved for a HCV homeownership voucher and sent an acceptance letter, which outlines
next steps in the home purchase process. The letter will direct the participant to contact a
financial institution of their choice to become pre-qualified for an affordable home.
MaineHousing will send a completed HAP Estimate Worksheet to the lender for inclusion
in the qualification determination.

The letter provides the participant with one year from the date of issuance to find a home
and enter into a purchase and sale agreement. The family must enter into a purchase
agreement within the time period allotted unless an extension is granted in writing by
MaineHousing.


Permitted Ownership Arrangements
The Homeownership Program may be utilized for the following types of housing:
    A single-family unit owned by the family, where one or more adult family members
      hold title to the home. Such unit may be a single-family home, half of a duplex or
      single unit within a condominium or multi-plex.

    A cooperative unit, where one or more adult family members hold membership
     shares in the cooperative.




Revised: 4-26-11                                                                    -2-
    A manufactured home on a permanent foundation in which the family owns the
     land, or if the family does not own the land on which the home sits, the family has
     the right to occupy the land for at least forty years.


Contract of Sale and Home Inspections
Participants in the HCV Homeownership Program must initially complete a Purchase and
Sale Agreement with the owner of the property to be purchased and submit the agreement
to MaineHousing for review. In addition to the Purchase and Sale Agreement, the
MaineHousing Addendum to Agreement of Sale must be completed and submitted for
review.

The Purchase and Sale Agreement must include the seller’s certification that the seller(s) has
not been debarred, suspended, or subject to a limited denial of participation under any
federal contract in accordance with 24 CFR.

The Purchase and Sale Agreement must include the home’s price and other terms of sale, the
pre-purchase HQS inspection requirements (including provision that the participant will
arrange for an independent pre-purchase inspection of the unit as set forth below), a
provision that the participant is not obligated to purchase the unit unless the inspections are
satisfactory to the purchaser and MaineHousing, and an agreement that the purchaser is not
obligated to pay for any necessary repairs. Plans to finance more extensive repairs as part of
the purchaser’s mortgage financing package will be reviewed and approved by
MaineHousing on a case-by-case basis. Buyer is not obligated for the purchase of the unit
unless satisfactory financing can be secured subject to MaineHousing approval.

The participant must obtain an independent professional home inspection of the unit’s
major systems at the participant’s expense. The selected inspector must be a member of the
National Association of Home Inspectors or another nationally or locally recognized
qualifying agent.

MaineHousing will review the completed Independent Home Inspection of the unit’s major
systems and if satisfactory, will conduct a Housing Quality Standards (HQS) inspection.
MaineHousing retains the right to disqualify the unit for inclusion in the Homeownership
Program based on either the HQS inspection or the independent professional inspection.


Financing
MaineHousing has established requirements for financing purchase of a home under the
homeownership option. This may include requirements concerning qualification of lenders,
terms of financing, restrictions concerning debt secured by the home, lender qualifications,
loan terms, and affordability of the debt.

MaineHousing may not require that families acquire financing from one or more specified
lenders, thereby restricting the family’s ability to secure favorable financing terms.
MaineHousing does maintain a list of lenders who have been briefed on the program and




Revised: 4-26-11                                                                     -3-
made loans to HCV HO participants. MaineHousing will make that list available upon
request.

As a check against predatory lending, MaineHousing will review the financing and
refinancing of each purchase transaction, including estimated closing costs. Loans with
features such as: balloon payments, adjustable rate mortgages (ARMs), and unusually high
interest rates will not be approved. Loans containing any predatory practices will not be
approved. MaineHousing will not approve any seller financing or “owner held” mortgages.
Beyond these basic criteria, MaineHousing will rely on the lenders or the secondary market
to initially determine the affordability of the loan. Financing resulting in the family’s
monthly payment obligation exceeding 40% of the participant’s monthly adjusted income
will not be approved.

The purchaser will be required to contribute at least 1% of the down payment from personal
funds. MaineHousing will approve a family’s request to utilize its Family Self Sufficiency
escrow account for down payment and/or closing costs when purchasing a unit under the
HCV Homeownership Program. All financing terms including down payments and closing
costs are subject to review and approval by MaineHousing.


Ownership Title
The title/deed to the unit to be purchased may be held jointly by one or more members of
the assisted household or may be in a cooperative in which one or more members of the
assisted household own shares. Town homes, condominiums, manufactured housing or
other structure types are acceptable. Land leases are acceptable as long as they meet the
HCV Homeownership regulatory requirements. (See Permitted Ownership Arrangements above.)


Length and Continuation of Assistance
Except in the case of a family that qualifies as an elderly or disabled family, other family
members (described below) shall not receive homeownership assistance for more than:

     Fifteen years, if the initial mortgage incurred to finance purchase of the home has a
      term of 20 years or longer; or

     Ten years in all other cases


The maximum term described above applies to any member of the family who:
    Has an ownership interest in the unit during the time that homeownership payments
      are made; or

     Is the spouse of any member of the household who has an ownership interest in the
      unit during the time homeownership payments are made.

     The maximum terms of assistance do not apply to elderly/disabled families. This
      exception for elderly families only applies if the family qualifies as an elderly family at


Revised: 4-26-11                                                                        -4-
       the start of homeownership assistance. In the case of a disabled family, the
       exception applies if at any time during receipt of homeownership assistance the
       family qualifies as a disabled family.

    If during the course of homeownership assistance, the family ceases to qualify as a
     disabled or elderly family, the maximum term becomes applicable from the date
     homeownership assistance commenced. However, such a family must be provided
     at least 6 months of homeownership assistance after the maximum term becomes
     applicable (provided the family is otherwise eligible to receive homeownership
     assistance).

    If the family has received such assistance for different homes, or from a different
     PHA, the total of such assistance terms is subject to the maximum term described in
     this part.

    MaineHousing will be a resource for and work with families who are reaching the
     end of their assistance period in seeking any necessary refinancing arrangements to
     ensure that the mortgage payment is affordable once the family is no longer eligible
     for assistance.


HQS Inspections
MaineHousing does not conduct routine HQS inspections on an annual basis for
Homeownership Voucher Participants. MaineHousing does however, reserve the right to
conduct an HQS inspection at any time if there is a complaint on the condition of the unit
being assisted, if the unit is observed by MaineHousing or its agent and is not in compliance
with HQS standards. MaineHousing may require the family to participate in additional post-
purchase counseling and the family will be required to bring the unit to HQS standards
within 30 days. Failure of the family to comply may result in termination of the assistance.


Family Obligations
The family must execute a HUD Statement of Homeownership Obligations (HUD-52649)
and the MaineHousing Statement of Homeowner Obligations prior to the issuance of the
homeownership voucher, agreeing to comply with all family obligations under the
Homeownership Program, including but not limited to:

    The family must comply with the terms of any mortgage securing debt incurred to
     purchase the home or any refinancing of such debt.

    At any time the family is receiving homeownership assistance, the family may not sell
     or transfer any interest in the home to any entity or person other than a member of
     the assisted family residing in the home.

    A home equity loan or any refinancing may not be acquired without the prior written
     consent of MaineHousing.



Revised: 4-26-11                                                                    -5-
    The family must provide required information regarding income and family
     composition in order to correctly calculate the total tenant payment (TTP) and
     homeownership assistance, consistent with the HCV requirements and any other
     information requested by MaineHousing or its agent concerning financing, the
     transfer of any interest in the home, or the family’s homeownership expenses.

    While receiving homeownership assistance, the family must notify MaineHousing if
     the family defaults on a mortgage securing any debt incurred to purchase the home.

    While receiving homeownership assistance, the family must notify MaineHousing
     before the family moves out of the home.

    The family must, at annual reexamination, document that the family is current on
     mortgage, insurance, escrow accounts, repair reserve account, and utility payments.

    The family is prohibited from moving more than one time in a one year period. The
     family may be required to participate in pre and post-purchase counseling prior to re-
     housing.

    While receiving homeownership assistance, no family member may have any
     ownership interest in any other residential property.

    Sign a release allowing MaineHousing, counselors, realtors, and participating lenders
     to exchange information on the borrower.

    Agree to maintain the condition of the home to comply with minimum HUD
     Housing Quality Standards (HQS).

    Acknowledge that the termination of assistance shall be in accordance with program
     requirements and the Administrative Plan.

    Acknowledge that the family is obligated for the whole mortgage payment in the
     event of termination of assistance.

    Disclose any and all changes of family composition and family income immediately
     to MaineHousing

    Agree that the family must immediately notify MaineHousing of any late payment,
     delinquency notices or default notices and must agree to participate in default
     counseling with a designated agency to become current.

    Agree to attend any identified financial, homeowner or post-purchase counseling
     during time of assistance.


Assistance Payment



Revised: 4-26-11                                                                  -6-
The monthly homeownership assistance payment is the lower of: the voucher payment
standard minus the Total Tennant Payment (TTP), or the monthly homeownership expenses
minus the Total Tenant Payment (TTP).

In determining the amount of the homeownership assistance payment, MaineHousing will
use the same payment standard schedule, payment standard amounts, and subsidy standards
as those described elsewhere in the Administrative Plan and Procedures Guide for the
Housing Choice Voucher Program.

The voucher payment standard (VPS) for homeownership vouchers cannot fall below the
dollar amount of the applicable voucher payment standard that was in place at the time of
the closing on the home.

This VPS will remain in effect until such time there is an increase in family size. If there are
multiple approaches in determining the VPS based on change in household composition,
MaineHousing will use the VPS/Bedroom size that favors the tenant. When in question,
Agents are to contact MaineHousing.

When there is an increase in family size this change will go into effect at the family's next
regular re-examination unless the actual size of the unit is larger than the voucher size (i.e.,
voucher size is 2 bedroom; but the actual unit size is 3-bedroom), in which case, the family is
IMMEDIATELY eligible for the increase in voucher size (i.e., 3-bedroom).

MaineHousing will pay the homeownership assistance payments directly to the homeowner
or at the homeowner’s discretion, directly to a servicing agent or lender. If the assistance
payment exceeds the amount due to the lender, MaineHousing must pay the excess directly
to the family.

Homeownership assistance for a family terminates automatically 180 calendar days after the
last homeownership assistance payment on behalf of the family. MaineHousing may approve
the family to remain on the homeownership program, if it determines that termination of the
family’s participation will result in extreme hardship for the family. (See also-Termination of
Assistance below.)


MaineHousing includes the following when calculating homeownership expenses:
   Monthly homeownership payment: This includes principal and interest on initial
     mortgage debt, taxes, homeowner insurance, and any mortgage insurance premium,
     if applicable.

     Utility Allowance: The MaineHousing utility allowance for the unit, based on the
      current utility allowance schedule.

     Monthly co-op/condominium assessments or dues. If applicable, the monthly
      amount of co-op or condominium association fees or operation and maintenance
      assessments.




Revised: 4-26-11                                                                       -7-
    Monthly principal and interest on debt for handicap accessible improvements.
     Principal and interest for major home repair, replacements, or improvements, if
     applicable.

    Land lease payments where a family does not own fee title to the real property on
     which the home is located. [see 24 CFR 982.628(b)]


In determining expenses for recertification, MaineHousing will use the following
homeownership expenses (not including cooperatives) to only include amounts
allowed by MaineHousing to cover:
     Current principal and interest on the mortgage debt, any refinancing of such debt,
       and any mortgage insurance premium incurred to finance purchase of the home;

    Current real estate taxes and public assessments on the home;

    Current homeowner insurance;

    The current MaineHousing utility allowance for the home;

    Principal and interest on mortgage debt incurred to finance costs for major repairs,
     replacements or improvements for the home. If a member of the family is a person
     with disabilities, such debt may include debt incurred by the family to finance costs
     needed to make the home accessible for such person, if MaineHousing determines
     that allowance of such costs as homeownership expenses is needed as a reasonable
     accommodation so that the homeownership option is readily accessible to and usable
     by such person;

    Land lease payments where a family does not own fee title to the real property on
     which the home is located; [see 24 CFR 982.628(b)]

    For a condominium unit, condominium operating charges or maintenance fees
     assessed by the condominium homeowner association.

    Homeownership expenses for a cooperative member may only include amounts
     allowed by MaineHousing to cover:

    The cooperative charge under the cooperative occupancy agreement including
     payment for real estate taxes and public assessments on the home;

    Principal and interest on initial debt incurred to finance purchase of cooperative
     membership shares and any refinancing of such debt;

    Home insurance;

    The MaineHousing utility allowance for the home; and



Revised: 4-26-11                                                                   -8-
    Principal and interest on debt incurred to finance major repairs, replacements or
     improvements for the home. If a member of the family is a person with disabilities,
     such debt may include debt incurred by the family to finance costs needed to make
     the home accessible for such person, if MaineHousing determines that allowance of
     such costs as homeownership expenses is needed as a reasonable accommodation so
     that the homeownership option is readily accessible to and usable by such person;

    Cooperative operating shares or maintenance fees assessed by the cooperative
     homeowner association.


Issuance of IRS Form-1099
MaineHousing does not issue an IRS Form-1099 to Homeownership Voucher Program
participants regardless of whether or not Housing Assistance Payments are received directly
as these assistance payments are not considered rental income by the IRS.


Lease-to-Purchase/Rent-to-Own
Lease-to-Purchase agreements are considered rental property and subject to the HCV
tenant-based assistance rules. All regulations of the Homeownership Program will become
effective at the time that the family exercises the option to use a homeownership voucher.


Default
If the family defaults on the home mortgage loan, the participant will not be able to use the
Homeownership Voucher for rental housing. However, the family may reapply to the HCV
rental assistance program, provided the application process is open. If the family has not
defaulted, but has documented a hardship, MaineHousing will review the hardship and based
on extenuating circumstances, may allow the family to return to the HCV rental program. In
order to return to the rental program, the family will be required to dispose of the
homeownership unit prior to receiving any rental assistance.


Recapture - [HUD 24 CFR 982.640]
MaineHousing will not recapture the Homeownership Voucher payments unless there was
an act of fraud or misrepresentation of a material fact in order to obtain a benefit.


Termination of Assistance
Termination of Assistance will be conducted in accordance with the policies and procedures
outlined in the Maine Housing Administrative Plan and Procedures Guide for the Housing
Choice Voucher Program. (See Section 19 – Termination of Assistance).

Exception: Automatic termination of homeownership assistance.

Homeownership assistance for a family terminates automatically 180 calendar days after the
last housing assistance payment on behalf of the family. However, MaineHousing has the


Revised: 4-26-11                                                                   -9-
discretion to grant relief from this requirement in those cases where automatic termination
would result in extreme hardship for the family. This provision applies only to the
homeownership program.


Informal Hearings
Informal Hearings will be conducted in accordance with the policies and procedures
outlined in the Maine Housing Administrative Plan and Procedures Guide for the Housing
Choice Voucher Program. (See Section 20 – Informal Reviews & Informal Hearings).




Revised: 4-26-11                                                                    - 10
-
Section 33 - THE MODERATE REHABILITATION PROGRAM (Mod Rehabs)

HUD regulations and directives for the Mod Rehab program can be found under 24 CFR
Part 882 Subpart D and E.
Historical Mod Rehab Notices:
PIH Notice 2001-13 covers Mod Rehab Program and expiring contracts.
PIH Notice 2001-24 covers technical corrections to PIH Notice 2001-13.
PIH Notice 2001-26 covers extension of PIH 2001-13 from 2001 to 2002
PIH Notice 2001-29 covers financial instruction process for PIH 2001-13.
PIH Notice 2001-35 covers technical corrections to PIH Notice 2001-29.
PIH Notice 2001-41 covers Enhanced vouchers.

As of 1/1/10, the following are the Mod Rehab projects administered by MaineHousing and
its Agents:
Current MaineHousing Mod Rehab Projects
           PHA/

  6      ACAP       RJN Enterprises         1973 Aroostook Road     Wallagrass    Aroostook
#Units    Agent           LL/Owner                 Address             City        County

                                            Mountain View
  24     ACAP       Dalton Scovil           Apartments              Mars Hill     Aroostook
   6     Aug HA     James Gorman            98 Northern Avenue      Augusta       Kennebec
   6     Avesta-N   Bruce MacDonald         Route 160               Denmark        Oxford
   4     Avesta-N   Honeymoon Hsg LLC       119 Main Street         Mexico         Oxford
   6     Avesta-N   JD Properties LLC       325 Cumberland Street   Rumford        Oxford
   8     Avesta-N