Slide #1 © 2007 Nan McKay & Associates Bill Caltabiano Portability © 2007 Nan McKay & Associates

Slide #1©2007 Nan McKay & Associates

Bill Caltabiano

Portability

©2007 Nan McKay & Associates


Learning Objectives

Portability requirements and prohibition The effect of portability requirements on decision-

making The need for pre-portability counseling Trouble spots for IHAs Trouble spots for RHAs Portability tracking


Overview Portability definition:

• Process of leasing or purchasing a dwelling unit with voucher tenant-based assistance outside of the jurisdiction of the PHA that initially issues the family its voucher


Portability Terms

Initial PHA Receiving PHA Jurisdiction Absorb

Administer Living within jurisdiction Admission to the program


Portability

The family may move anywhere in the jurisdiction of a PHA with a tenant-based assistance program


Portability

Family may not move under portability if they moved out of the assisted unit in violation of lease• VAWA: Overriding law that creates an

exception……


Portability

Families in compliance with other lease requirements may move:• “in order to protect the health or safety of an

individual who is or has been the victim of domestic violence, dating violence, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted dwelling unit.”


Residency Restriction

Special requirements for families where neither head or spouse had a legal residence in jurisdiction of initial PHA at time of original application


Residency Restriction

Following applies during 12 month period from admission . . . • Family may lease unit anywhere in IHA

jurisdiction• Family does not have a right to portability

Initial PHA may allow portability during this period but RHA must agree


Effect of Residency Restriction

Family lives in Charleston, applies for Jacksonville’s program, is placed on Jacksonville’s waiting list

While on list, family moves to Jacksonville and resides there when final eligibility is determined

Where may family reside for the first year?• Only in Jacksonville, unless

both IHA and RHA agree to allow the port


Where Family May Move Receiving PHA must provide housing services for

the family, if they have a tenant-based assistance program• Families limited to areas with a PHA with a tenant

based program• If more than one PHA in area, IHA may designate the RHA


Income Limit Restrictions New Admission

Applicants must be income eligible in area of initial lease-up


Income Limit Restrictions New Admission

If PHA jurisdiction has more than one income limit area, must use the highest income limit area to determine eligibility for issuing voucher

Must use the actual income limit where the family leases unit to qualify for admission


Multiple Income Limit Areas

Where may family lease-up? Family’s income: $13,400

• Atlanta • Boston• Cody• Denver

Atlanta$12,500

Boston$15,000

Cody$12,000

Denver$13,500


Income Limit Restrictionsfor Participants

Participants who exercise portability are not subject to RHA’s income limits


Responsibilities

Family

Initial Housing AgencyReceiving Housing Agency


Family Responsibilities

Inform IHA of area where they want to move Comply with RHA procedures Submit RFTA during the term of RHA’s

voucher


Responsibilities of IHA

Advise the family how to contact and request assistance from the RHA• Provide family with name and phone # of the RHA

person responsible for incoming portables and provide any available information regarding voucher issuance procedures of RHA

• HUD-52665 now has a line for name of the RHA to which family is referred



Promptly notify the RHA to expect family• Contact the RHA on the family’s behalf by phone,

fax or e-mail (don’t just refer the family to HUD’s website or provide the address)

Advise family to contact RHA promptly and comply with RHA procedures

If new admission, determine if income eligible at RHA• If not, disapprove move to that area


Portability Forms

Portability billing form review Part I


HUD-52665 Part 1

Date initial billing to be received60 days following IHA voucher expiration date80% of IHA ongoing administrative feeRHA to which the family has been referred


Responsibilities of IHA52665 part 1

Send documents to RHA (mail or fax):Form HUD 52665, Part 1 completed, with

• Copy of voucher • Current 50058• Income verification

For applicants, provide family and income information in format similar to HUD-50058



IHA Certification family is either• Current participant• Applicant income eligible in RHA’s jurisdiction• Requests RHA to issue a voucher

Not to expire before IHA’s voucherUsing RHA’s policies for bedroom size



IHA Certification • Information is correct• IHA will reimburse RHA within 30 calendar

days of receipt of part II• IHA will ensure RHA receives subsequent

payments no later than 5th working day of each month



Pay RHA 80% of IHA’s ongoing admin fee Reimburse RHA for HAP payment Pay/reimburse RHA for other amounts due Make payments per portability billing form and

within required timeframes



IHA may not terminate or delay making payments under existing portability billing arrangements due to over-leasing or funding shortfalls• At any time, IHA may make a determination to

deny or terminate assistance to a family in accordance with 982.552 and 982.553



IHA may request that HUD transfer units from their ACC to the RHA’s ACC to eliminate portability billing arrangements


Responsibilities of RHA RHA wait list & preferences do not apply Determine family unit size (voucher size) per RHA

subsidy standard Determine if family has begun or completed Earned

Income Disallowance• Must obtain information from IHA


Responsibilities of RHA

Promptly issue a voucher to the family• HUD expects issuance within 2 weeks of

receiving form HUD-52665 and supporting documentation (if information is in order and family has contacted RHA)

• For applicants, issuance may be delayed only if necessary to determine income eligibility



May delay unit approval or voucher issuance for non-compliance (e.g. sign consent forms)• Must offer informal review or hearing (CFR

982.554 and 982.555) if refusing to process or provide assistance under portability procedures


Responsibilities of RHA52665 part II

Part II-A: RHA Certification• Family information• Voucher size per RHA subsidy standard• Certification that information is true and correct



Part II-B: Family Status, Initial HAPC Execution, Billing Changes after HAPC Execution• Must complete and mail within 10 working days from

HAP contract execution, or Effective date of billing amount change

• Submitted only when amounts change



RHA may NOT agree to a different billing schedule with IHA

All billing schedules must comply with PIH 2004-12



RHA must determine whether to extend the term of the voucher:• May provide additional search time beyond the

expiration date of the IHA at the time voucher is initially issued, or

• May extend RHA voucher term • Extension is only valid in RHA’s jurisdiction



RHA must notify IHA of any extension beyond IHA voucher term and bill within the original deadline if not absorbing


Responsibilities of RHA RHA must refer family to IHA if

• Voucher has already expired when RHA receives portability paperwork

• Family decides not to lease in RHA’s jurisdiction IHA voucher becomes voucher of record

and any extension is at IHA’s discretion



RHA must• Promptly notify IHA whether it will bill or

absorbMay absorb only after HAPC is executed

• Notify IHA if no RFTA submitted by family• Notify IHA when family leases unit



If RHA decides to bill IHA, send copy of new form HUD-50058 with HUD-52665

Provide adequate notice to IHA when:• Billing amount changes• Absorbing a family for which

was previously billing• Family is terminated



If portable family wants to move to another jurisdiction, RHA does not issue voucher, but notifies IHA



Send IHA a copy of updated HUD-50058 at each annual reexamination during billing period, regardless of whether there is a change in the billing amount

Perform all program functions for family


Portability Billing

Submission of Initial Billing Amount (Part II of form HUD-52665)• RHA must submit initial billing notice no later than

10 working days following the date HAP contract is executed, and

• In time that it will be received by IHA no later than 60 days following the expiration date of the family voucher issued by the IHA


Portability Billing

Submission of Initial Billing Amount…• If initial billings are postmarked, emailed, or

faxed more than 10 working days after the date the HAP contract is executed, IHA is generally not obligated to honor billings IHA must immediately inform RHA in writing

of decision not to accept the late billing

Page 3-12


Portability Billing

Submission of Initial Billing Amount…• Generally, an RHA that failed to bill within 10

working days of HAP contract execution will be required to absorb the family unless IHA is willing to accept late billingHUD may require IHA to honor a billing

submission after the 10 day deadline


Portability Billing

Submission of Initial Billing Amount…• If IHA

Has not received RHA’s billing within 60 days of IHA’s voucher expiration, and

Does not intend to honor a late billing, • Then IHA must contact RHA to determine status

And . . .


Portability Billing If family is

• Under HAP contract and RHA cannot absorb, IHA must accept the late billing

• NOT under HAP contract, IHA may inform RHA they will not accept any subsequent billing

If RHA still sends late billing, IHA returns to RHA


Portability Billing

Payment of First Billing Amount• IHA must pay within 30 days of receipt of Part

II of HUD-52665 indicating billing amount• Payment must be provided in a form and

manner that the RHA is able and willing to accept


Portability Billing

Payment of Subsequent Billing Amounts• IHA must ensure that subsequent billing

payments are received no later than the fifth working day of each monthNew deadline went into effect for existing

billing arrangements for October 1, 2004 payments


Portability Billing

Payment of Subsequent Billing Amounts…• If IHA fails to make monthly payment by the

fifth working day of the month, RHA must notify IHA in writing of the deficiency


Portability Billing

Payment of Subsequent Billing Amounts…• RHA’s notice to IHA must include

• Family name (s)• Amount of late payment• Date payment received (if received)

• A copy must be sent to the Director of the Office of Public Housing (OPH) in the RHA’s HUD area office


Portability Billing

Payment of Subsequent Billing Amounts…• If IHA fails to correct by the second month

following notification, RHA may request HUD to transfer the unit(s) in questionProcedures for requesting transfer of

units is described in Section 12 of Notice 2004-12


HUD Reviews

HUD will perform periodic reviews of PHA billing to determine if information between IHA and RHA is consistent• PHAs will submit billing

information to HUD


HUD Reviews

PHAs should work with other PHAs before review• Review portability records• Address discrepancies prior to HUD review

PHAs not fulfilling requirements may be subject to penalties


The Need for Pre-portability Counseling


Managing the Process

Mini-briefing Risks to family Need to prepare family to succeed Provide with written checklist with deadlines

with copy to file


The Affect of PortabilityOn Decision-Making


As Initial HA Specialist Vs. caseload When and how will you determine income-

eligibility of applicants exercising portability? Under what circumstances will you deny

portable moves? Will you provide additional info to RHA?

What? How will you track deadlines?


As Initial HA

When more than one PHA, how will you choose?

How will you organize 50058 data for applicants?

Do you have criteria for accepting late billings?


As Receiving HA Specialist Vs. Caseload Absorb or Administer? When will you redetermine eligibility Will you extend vouchers you intend to

administer? Criteria? Do you have procedures for notifying IHA of

extensions? Of voucher expirations?


Trouble Spots


Trouble Spots As Initial HA

Payments by 5th working day of month Payments within 30 calendar days of initial receipt

of bill Not managing the portability “process”:

• No procedures for processing port requests; pre-port counseling; clear and specific info to family (checklist?); obtaining data from RHA, etc.


Trouble Spots As Initial HA

Procedures for late billings Criteria to evaluate late billings; circumstances

under which you will honor No tracking mechanism Improper denial of portable moves re: budget,

residents Incorrect data entry


Trouble Spots For Receiving HA

Policy, criteria for extension of portable vouchers

Procedures to notify IHA of extensions Procedures to notify IHA of expirations No mechanism for tracking (vouchers, billing

deadlines, etc)


Trouble Spots For Receiving HA

Not issuing own voucher: Assumption that IHA extends vouchers

Improper delays in processing incoming portables

Incorrect data entry


Penalties for Late Billing

HUD may require IHA to honor late billing• RHA may be over-leased

and not able to cover HAP


Penalties Related to Billing

RHA’s failure to bill timely may result in:• Reduction in RHA’s

administrative fee• Transfer of units from RHA to

IHA


Penalties for Late Billing

IHA’s failure to pay timely may result in:• Reduction in IHA’s administrative fees• Transfer of units from IHA to RHA


Portability Notice

Notice PIH 2004-12 “Housing Choice Voucher Portability Procedures and Corrective Actions”• Provides guidance on PHA administrative

responsibilities related to portability moves


Portability Notice

Notice PIH 2004-12 was extended on 7/03/06• Notice PIH 2006-25


Notice PIH 2005-18

Portability billing for special admin fees• PHAs should discontinue payment of, and

billing for:Hard-to-house feesLead-based paint feesAny other special fees in connection with

portability


Notice PIH 2005-18

Portability billing for special admin fees• If IHA already paid RHA these fees• Then IHA should determine whether they

received prior reimbursement from HUD If IHA did not receive reimbursement from

HUD, may offset fee amounts from future billings


Notice PIH 2006-32

Issued 8/21/2006, expires 8/31/2007 Reinstates notice PIH 2005-9 regarding cost-

savings measures Gives specific requirements regarding

portability


Notice PIH 2006-32

Portability• PHAs may deny portability moves and moves within

their jurisdiction to higher cost area• But MUST demonstrate it will not have sufficient

funding to serve currently assisted families for the rest of the CY Would only be justified in denying portability if would be

unable to avoid terminations


PIC Data Entry

Section 14 of Notice 2004-12, clarifies the correct action codes to be used when completing the HUD-50058 for portable families• Lines 2a, 12d and 12f

Page 3-17


PIC Data Entry

Applicant Family

Participant Family


PIC Data Entry


Portability Tracking Tool This tool is in Microsoft Excel © We will provide a quick overview of the

tool• Very user friendly


Portability Tracking Tool

Contains 3 worksheets• 2 for PHA as IHA

Initial trackingAnnual tracking

• 1 for PHA as IHA


IHA Tracking IHA Tracking

• Basic Family Information for families porting out of your jurisdiction



• Enter IHA Voucher Issue date and expiration date

• 60 days following expiration date auto-calculates



• If today’s realtime date is after the ’60 days following voucher expiration’ date, 52665 receive date turns RED, indicated action is needed by the IHA!


IHA Tracking• Note how the tiny red triangles provide pop-up

guidance when you run your cursor over them


IHA Tracking• Track outcome, eff date of HAPC for billed

families, and initial payment deadline to the RHA


IHA Tracking• Of course, RHA contact information is also listed


IHA ANNUAL Tracking• The next worksheet allows the IHA to track

receipt of the annual HUD-50058 from the RHA• If not received, the IHA may want to check PIC to

make sure that the family is still assisted


IHA ANNUAL Tracking• The worksheet simply adds 365 days to

Date of eff date of HAPCEff date of annual reexam as annual ‘58s are recd

• Not perfect, but sufficient for tracking


IHA ANNUAL Tracking• Enter information if family is terminated, absorbed…

You will no longer expect an the annual 50058


RHA Tracking• Third sheet tracks from the RHA point of view

Did the RHA meet initial deadlines?Did IHA make initial payment on time?Did the RHA send the annual 50058 as required?


RHA Tracking• Same idea as previous sheets


Portability Tracking Tool • Play with the tool and use it how you will• Sheet has protection, but no password protection• Feedback has been positive – we hope you find it

useful!


Conclusion

Next…


Thank you for Attending!Upcoming Lunch ‘n’ Learns

Denials and Terminations – 09/04

Reasonable Accommodation in the HCV Program – 09/05

How to Handle Hearings – 09/12

Documents

Slide #1 © 2007 Nan McKay & Associates Bill Caltabiano Portability © 2007 Nan McKay & Associates