| (a) Households assisted under the general set-aside
must participate in a self-sufficiency program, as described in the
Administrator's policies and procedures.
(b) The amount of assistance will be determined using
the HUD Housing Choice Voucher method.
(c) A Household certifying to zero income must also
complete a questionnaire that includes a series of questions regarding
how basic hygiene, dietary, transportation, and other living needs
are met.
(d) The minimum Household contribution toward gross
monthly rent must be ten percent of the Household's adjusted monthly
income. The maximum Household contribution toward gross monthly rent
at initial occupancy is limited to 40 percent of the Household's gross
monthly income.
(e) Activity funds are limited to:
(1) Rental subsidy: Each rental subsidy term is limited
to no more than 24 months. Total lifetime assistance to a Household
may not exceed 36 months cumulatively, except that a maximum of 24
additional months of assistance, for a total of 60 months cumulatively
may be approved if:
(A) the Household has applied for a Section 8 Housing
Choice Voucher, HUD Section 811 Supportive Housing for Persons with
Disabilities, HUD Section 811 Project Rental Assistance Demonstration,
or HUD Section 202 Supportive Housing for the Elderly Program, and
is placed on a waiting list during their TBRA participation tenure;
and
(B) the Household has not been removed from the waiting
list for the Section 8 Housing Choice Voucher, HUD Section 811 Supportive
Housing for Persons with Disabilities, HUD Section 811 Project Rental
Assistance Demonstration, or HUD Section 202 Supportive Housing for
the Elderly Program due to failure to respond to required notices
or other ineligibility factors; or
(C) the Administrator submits documentation evidencing
that:
(i) no Public Housing Authority within a 50 mile radius
of the Household's address during their participation in TBRA has
opened their waitlist during the term of the Household's participation
in TBRA, or has excluded the Household's application for placement
on the waiting list for any reason other than eligibility or failure
to respond to required notices, such as a randomized drawing of applications
that may be placed on the waitlist; and
(ii) no waiting list was opened during the term of
the Household's participation in TBRA for any HUD Section 811 Supportive
Housing for Persons with Disabilities, HUD Section 811 Project Rental
Assistance Demonstration, or HUD Section 202 Supportive Housing for
the Elderly Program located within a 50 mile radius of the Household's
address during their participation in TBRA; or
(iii) the Household is not eligible for placement on
a waiting list for any HUD Section 811 Supportive Housing for Persons
with Disabilities, HUD Section 811 Project Rental Assistance Demonstration,
or HUD Section 202 Supportive Housing for the Elderly Program located
within a 50 mile radius of the Household's address during their participation
in TBRA; and
(D) the Household has not been denied participation
in the Section 8 Housing Choice Voucher, HUD Section 811 Supportive
Housing for Persons with Disabilities, HUD Section 811 Project Rental
Assistance Demonstration, or HUD Section 202 Supportive Housing for
the Elderly Program while they were being assisted with HOME TBRA;
and
(E) the Household did not refuse to participate in
the Section 8 Housing Choice Voucher, HUD Section 811 Supportive Housing
for Persons with Disabilities, HUD Section 811 Project Rental Assistance
Demonstration, or HUD Section 202 Supportive Housing for the Elderly
Program when a voucher was made available.
(2) Security deposit: no more than the amount equal
to two month's rent for the unit.
(3) Utility deposit in conjunction with a TBRA rental
subsidy.
(f) The payment standard is determined at the Date
of Assistance. The payment standard utilized by the Administrator
must be:
(1) For metropolitan counties and towns, the current
U.S. Department of Housing and Urban Development (HUD) Small Area
Fair Market Rent for the Housing Choice Voucher Program;
(2) For nonmetropolitan counties and towns, the current
HUD Fair Market Rent for the Housing Choice Voucher Program;
(3) For a HOME assisted unit, the current applicable
HOME rent; or
(4) The Administrator may submit a written request
to the Department for approval of a different payment standard. The
request must be evidenced by a market study or documentation that
the PHA serving the market area has adopted a different payment standard.
An Administrator may request a Reasonable Accommodation as defined
in Section 1.204 of this Title for a specific Household if the Household,
because of a disability, requires the features of a specific unit,
and units with such features are not available in the Service Area
at the payment standard.
(g) Administrators must select one method under which
funds for administrative costs and Activity soft costs may be reimbursed
prior to execution of an RSP agreement or at Application for an award
of funds. All costs must be reasonable and customary for the Administrator's
Service Area. Applicants and Administrators may choose from one of
the following options, and in any case funds for Administrative costs
may be increased by an additional one percent of Direct Activity Costs
if Match is provided in an amount equal to five percent or more of
Direct Activity Costs:
(1) Funds for Administrative costs are limited to four
percent of Direct Activity Costs, excluding Match funds, and Activity
soft costs are limited to $1,200 per Household assisted. Activity
soft costs may reimburse expenses for costs related to determining
Household income eligibility, including recertification, and conducting
Housing Quality Standards (HQS) inspections. All costs must be reasonable
and customary for the Administrator's Service Area; or
(2) Funds for Administrative costs are limited to ten
percent of Direct Activity Costs, excluding Match funds, and Administrator
may not be reimbursed for Activity soft costs.
(h) Administrators must have a written agreement with
Owner that the Owner will notify the Administrator within one month
if a tenant moves out of an assisted unit prior to the lease end date.
(i) Administrator must not approve a unit if the owner
is by consanguinity, affinity, or adoption the parent, child, grandparent,
grandchild, sister, or brother of any member of the assisted Household,
unless the Administrator determines that approving the unit would
provide Reasonable Accommodation for a Household member who is a Person
with Disabilities. This restriction against Administrator approval
of a unit only applies at the time the Household initially receives
assistance under a Contract or Agreement, but does not apply to Administrator
approval of a recertification with continued tenant-based assistance
in the same unit.
(j) Administrators must maintain Written Policies and
Procedures established for the HOME Program in accordance with Section
10.802 of this Title, except that where the terms Owner, Property,
or Development are used Administrator or Program will be substituted,
as applicable. Additionally, the procedures in subsection (l) of this
section (relating to the Violence Against Women Act (if in conflict
with the provisions in Section 10.802 of this Title) will govern).
(k) Administrators serving a Household under a Reservation
Agreement may not issue a Certificate of Eligibility to the Household
prior to reserving funds for the Activity without prior written consent
of the Department.
(l) Administrators are required to comply with regulations
and procedures outlined in the Violence Against Women Act (VAWA),
and provide tenant protections as established in the Act.
(1) An Administrator of Tenant-Based Rental Assistance
must provide all Applicants (at the time of admittance or denial)
and Households (before termination from the Tenant-Based Rental Assistance
program or from the dwelling assisted by the Tenant-Based Rental Assistance
Coupon Contract) the Department's "Notice of Occupancy Rights under
the Violence Against Women Act", (based on HUD form 5380) and also
provide to Households "Certification of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking" (HUD form 5382) prior to execution
of a Rental Coupon Contract and before termination of assistance from
the Tenant-Based Rental Assistance program or from the dwelling assisted
by the Tenant-Based Rental Assistance coupon contract.
(2) Administrator must notify the Department within
three days when tenant submits a Certification of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking and/or alternate documentation
to Administrator and must submit a plan to Department for continuation
or termination of assistance to affected Household members.
(3) Notwithstanding any restrictions on admission,
occupancy, or terminations of occupancy or assistance, or any Federal,
State or local law to the contrary, Administrator may "bifurcate"
a rental coupon contract, or otherwise remove a Household member from
a rental coupon contract, without regard to whether a Household member
is a signatory, in order to evict, remove, terminate occupancy rights,
or terminate assistance to any individual who is a recipient of TBRA
and who engages in criminal acts of physical violence against family
members or others. This action may be taken without terminating assistance
to, or otherwise penalizing the person subject to the violence.
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