ORDER GRANTING STIPULATION AND [PROPOSED] ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE; EXHIBIT 1

(Doc. 55).

JENNIFER L. THURSTON, Magistrate Judge.

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

WHEREAS, Plaintiffs Brittney Murphy, Jane Doe, Patricia Azevedo, Andrea Gonzales, and Monica Davis ("Plaintiffs"), and Defendants Housing Authority of the County of Kern and Stephen Pelz, in his official capacity as Executive Director of the Housing Authority of the County of Kern ("Defendants"), have entered into a Settlement Agreement, attached hereto as Exhibit 1, the terms of which are hereby approved and incorporated into this Order;

IT IS HEREBY STIPULATED by and between the parties, through their designated counsel, that all of the claims and counterclaims, if any, among and between Plaintiffs and Defendants, and subject to the terms and conditions of the Settlement Agreement among the aforementioned parties, be and hereby are dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure.

IT IS FURTHER STIPULATED that, without affecting the finality of this Order of Dismissal with Prejudice in any way, this Court hereby orders the parties to comply with the Settlement Agreement and retains continuing jurisdiction over all parties for the purpose of enforcing the Settlement Agreement and its terms, and resolving any and all disputes arising under or relating to said Settlement Agreement. Any dispute or claim that relates to the Settlement Agreement shall be resolved by the Honorable Jennifer L. Thurston or the judge or magistrate acting in her stead.

IT IS FURTHER STIPULATED THAT the attached Settlement Agreement is not a finding on the merits and shall not be construed as an admission of any violation of state or federal law.

The Court, having considered the parties' Settlement Agreement and Stipulation for Dismissal hereby orders that:

IT IS SO ORDERED.

EXHIBIT 1

SETTLEMENT AGREEMENT

This Settlement Agreement (the "Agreement") is effective as of February, 2015 (the "Effective Date") and is entered into by and between Plaintiffs Brittney Murphy, Jane Doe, Patricia Azevedo, Andrea Gonzales, and Monica Davis ("Plaintiffs") on the one hand, and Defendants Housing Authority Of The County Of Kern ("HACK") and Stephen Pelz, in his official capacity as Executive Director of the Housing Authority of the County of Kern ("Defendants"), on the other. Plaintiffs and Defendants are collectively referred to as the "Parties."

RECITALS

WHEREAS, on or about May 20, 2014, Plaintiffs, through counsel, filed a complaint in the United States District Court for the Eastern District of California, resulting in the case entitled Murphy, et al. v, Housing Authority of the County of Kern, et al., No. 1:14-CV-00776-JLT (the "Federal Action"); and

WHEREAS, in order to avoid the inconvenience and expense of litigation, and without making any admissions to each other, the Parties have agreed to settle all existing and potential disputes among them arising from the Federal Action.

WHEREAS, the parties desire to reach a full and final settlement of the Federal Action which this Agreement memorializes.

AGREEMENT

The Parties, intending to be legally bound and in exchange for valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, agree as follows:

1. Mutual Releases. Plaintiffs, on their own behalf and on behalf of their agents and representatives hereby release, acquit, and discharge Defendants, and their affiliates or divisions, direct and indirect subsidiaries and parent organizations, related entities, together with their respective directors, officers, employees, attorneys, agents, insurers, representatives, beneficiaries, trusts, trustees, subsidiary trusts, parent trusts, executors, administrators, predecessors, successors, assigns, partners, members, vendors, distributors, sub-distributors, licensees, wholesalers, retailers, exhibitors, independent contractors, production companies, public relations firms, advertising agencies, and anyone else involved in any way in any activity related to the Federal Action (collectively, "Releasees"), from and against any arid all claims, demands, obligations, liabilities, expenses, damages, and causes of action, of any nature whatsoever, at law or in equity, arising from or related in any way to the Federal Action (collectively, the "Released Claims"), except as set forth in this Agreement.

Defendants, on behalf of themselves and their affiliates or divisions, direct and indirect subsidiaries and parent organizations, related entities, together with their respective directors, officers, employees, attorneys, agents, insurers, representatives, beneficiaries, trusts, trustees, subsidiary trusts, parent trusts, executors, administrators, predecessors, successors, assigns, partners, members, vendors, distributors, sub-distributors, licensees, wholesalers, retailers, exhibitors, independent contractors, production companies, public relations firms, advertising agencies, and anyone else involved in any way in any activity related to the Federal Action (collectively, "Defendant Releasors") hereby release, acquit, and discharge Plaintiffs, their agents, attorneys, representatives, next of kin, heirs, beneficiaries, trusts, trustees, executors, administrators, and assigns (collectively, "Plaintiff Releasees"), from and against any and all claims, demands, obligations, liabilities, expenses, damages, and causes of action, of any nature whatsoever, at law or in equity, arising from or related in any way to the Federal Action except as set forth in this Agreement.

2. HACK will restore vouchers to all Plaintiffs. HACK hereby reinstates Plaintiffs' assistance under the Section 8 Program provided they continue to be eligible. In assessing each Plaintiff's current eligibility for Section 8 assistance:

3. HACK will hire professional hearing officers. HACK will contract with one or more hearing officers who are not affiliated with HACK and who are knowledgeable in the areas of federally subsidized housing, landlord/tenant law, fair housing and basic constitutional principles to act as hearing officers for termination hearings. HACK will consult Plaintiffs' counsel when assessing proposals submitted to its current "Request for Proposals for Housing Choice Voucher (Section 8) Hearing Officer Services."

4. HACK will revise its Administrative Plan. As reflected in the changes outlined in the attached exhibits, HACK will revise Chapter 8 (Determination of Income, Annual Recertification and Interim Reexaminations), Chapter 9 (Rent and Housing Assistance Payment Utility Allowance), Chapter 10 (Program integrity, denial or termination of assistance, evictions and termination of contracts owner claims); Chapter 11 (Informal reviews and informal hearings); Chapter 12 (Housing Authority, Owner and Participant Responsibilities and Obligations) and the VAWA appendix,

5. >HACK will take all necessary steps to implement the revised Administrative Plan. HACK will take all necessary and appropriate steps to implement the above changes to the Administrative Plan within sixty (60) days of the Board's approval of this Settlement Agreement, which implementation shall include but not be limited to:

6. Plaintiffs' attorneys' fees:. HACK shall pay Plaintiffs' counsel $20,000 for attorney fees within thirty (30) days following approval of this Settlement Agreement by the Board and Plaintiffs. Payment to be made to Western Center on Law and Poverty for distribution among counsel.

7. Upon execution of this Settlement Agreement, and performance of paragraphs four (4) and six (6) above, Plaintiffs and their attorneys shall immediately deliver to Defendants' counsel a dismissal with prejudice dismissing this action as to both Defendants, Housing Authority of the County of Kern and Stephen Pelz, in his official capacity as Executive Director of the Housing Authority of the County of Kern, and all Doe Defendants, 1 to 10. The order dismissing this case shall include approval of this Agreement and an order for its performance. Any dispute arising under this Agreement shall be a proceeding before Magistrate Judge Jennifer L. Thurston. If Judge Thurston is not available, then such proceeding shall be before whichever magistrate or judge is acting in her stead.

8. No Admission. This Agreement shall not be construed as an acknowledgment or admission of any liability or wrongdoing by Defendants or any other Release, and the Parties expressly agree that this Agreement is made for the sole purpose of compromising claims which are disputed as to validity and amount.

9. This Agreement, and all claims and controversies arising out of or related to this Agreement, shall be governed by the substantive law of the State of California and of the United States of America without regard to California conflict of laws principles.

10. The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly construed for or against any Party. The Parties agree that this Agreement shall be deemed to have been jointly drafted for purposes of applying any rules of construction.

11. If any provision of this Agreement is held to be invalid or unenforceable, such invalidations or unenforceability shall not affect the validity or enforceability of the other provisions of this Agreement, provided that each Party still receives the benefits of the releases, warranties, and payments provided herein. However, in any action brought for breach of this Agreement by any of the Parties, the prevailing Party (or Parties) shall be awarded its (or their) attorneys' fees and costs.

12. Entire Agreement. This Agreement reflects the entire agreement between the Parties. The execution and delivery of this written Agreement supersedes any and all other representations, negotiations or agreement pertaining to the subject matter herein. The Agreement may not be modified in any way except by written amendment hereto, which shall be expressly designated as an amendment hereto, and require the written consent of all Parties hereto.

13. This Agreement may be signed in counterparts that are provided to the other Parties by facsimile or by electronic mail transmission of a copy of the executed document, each of which shall be deemed an original, and all counterparts so executed shall constitute one Agreement binding on all of the Parties, notwithstanding that all of the Parties are not signatory to the same counterpart.

14. Reserved Jurisdiction. The Parties stipulate that the court may enter judgment pursuant to the terms of this Agreement and will retain jurisdiction over the parties to enforce the settlement until performance in full of its terms.

15. Confidentiality. The Parties agree to treat this document as confidential and will not disclose it unless required by law or court order. Notwithstanding the foregoing, the terms of the Agreement will not be treated as confidential as the Parties agree to issue a joint press release describing the settlement in a positive light as attached hereto.

16. Non-Disparagement. With respect to the subject matter of this Federal Action, all Parties and their counsel agree that they will not make any disparaging statements, written or oral, or engage in any disparaging communication about any opposing Party or any opposing Party's representatives or employees, or any opposing Party's work, professional conduct or business. The statement, comment or communication does not have to be false to be considered disparaging. The Parties intend that this Non-Disparagement provision be enforceable. If a Party believes disparagement has occurred, that Party shall contact the other Party and the Parties shall meet and confer to attempt to resolve the issue. If the other Party refuses or fails to respond or upon the expiration of seventy two (72) hours the Parties have not resolved the issue, whichever first occurs, the party claiming breach may seek redress in court.

of the Agreement will not be treated as confidential as the Parties agree to issue a joint press release describing the settlement in a positive light as attached hereto.

16. Non-Disparagement. With respect to the subject matter of this Federal Action, all Parties and their counsel agree that they will not make any disparaging statements, written or oral, or engage in any disparaging communication about any opposing Party or any opposing Party's representatives or employees, or any opposing Party's work, professional conduct or business. The statement, comment or communication does not have to be false to be considered disparaging, The Parties intend that this Non-Disparagement provision be enforceable. If a Party believes disparagement has occurred, that Party shall contact the other Party and the Parties shall meet and confer to attempt to resolve the issue. If the other Party refuses or fails to respond or upon the expiration of seventy two (72) hours the Parties have not resolved the issue, whichever first occurs, the party claiming breach may seek redress in court,

of the Agreement will not be treated as confidential as the Parties agree to issue a joint press release describing the settlement in a positive light as attached hereto.

16. Non-Disparagement. With respect to the subject matter of this Federal Action, all Parties and their counsel agree that they will not make any disparaging statements, written or oral, or engage in any disparaging communication about any opposing Party or any opposing Party's representatives or employees, or any opposing Party's work, professional conduct or business. The statement, comment or communication does not have to be false to be considered disparaging. The Parties intend that this Non-Disparagement provision be enforceable. If a Party believes disparagement has occurred, that Party shall contact the other Party and the Parties shall meet and confer to attempt to resolve the issue. If the other Party refuses or fails to respond or upon the expiration of seventy two (72) hours the Parties have not resolved the issue, whichever first occurs, the party claiming breach may seek redress in court.

EXHIBITS TO SETTLEMENT AGREEMENT

Murphy, et al. v. Housing Authority of the County of Kern, et al., Case No. 1:14-CV-00776-JLT

Chapter 8 — Administrative Plan

Chapter 9 — Administrative Plan

Chapter 10 — Administrative Plan

Chapter 11 — Administrative Plan

Chapter 12 — Administrative Plan

Appendix 8 — Administrative Plan

Joint Press Release

Chapter 8 — Administrative Plan

Chapter 8

DETERMINATION OF INCOME ANNUAL RECERTIFICATION AND INTERIM REEXAMINATIONS

* Cross Reference: 24 CFR Part 5, Subparts E and F; 24 CFR 982

8-A. ANNUAL INCOME

To determine annual income, HACK counts the income of all family members, excluding the types and sources of income that are specifically excluded. Once the annual income is determined, the HACK subtracts out all allowable deductions (allowances) as the next step in determining the Total Tenant Payment (TTP).

1. Annual income means all amounts, monetary or not, that:

2. Annual income includes, but is not limited to:

8-B EXCLUSIONS FROM INCOME

Annual income does not include the following:

1. Income from employment of children (including foster children under the age of 18 years;

2. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone);

3. Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation) capital gains and settlement for personal property losses;

4. Amounts received by the family that is specifically for, or in reimbursement of, the cost of medical expenses for any family member;

5. Income of a live-in aide;

6. The full amount of student financial assistance paid directly to the student or to the educational institution;

7. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;

8. The amounts received from the following programs:

8-C. DEDUCTIONS FROM ANNUAL INCOME

The following deductions will be made from annual income:

1. $480 for each dependent

2. $400 for any elderly family or disabled family

3. For any family that is not elderly or disabled but has a member (other than the head or spouse) who is a person with a disability, disability assistance expenses in excess of 3% of annual income. This allowance may not exceed the employment income received by family members who are 18 years of age or older as a result of the assistance to the person with disabilities.

4. For any elderly or disabled family:

5. Child care expenses.

8-D RECEIPT OF INFORMATION REGARDING OVERPAYMENT

If a Section 8 participant receives a letter or notice from HUD concerning the amount or verification of family income, the letter shall be brought to the person responsible for income verification within thirty (30) days of receipt by the participant.

HACK shall reconcile any difference between the amount reported by the participant and the amount listed in the HUD communication. This shall be done as promptly as possible.

After the reconciliation is complete, HACK shall adjust the participant's rental contribution beginning at the start of the next month unless the reconciliation is completed during the final five

(5) days of the month and then the new rent shall take effect on the first day of the second month following the end of the current month. In addition, if the participant had not previously reported the proper income, HACK will attempt to meet and confer with the participant regarding the reason for not reporting the income and make a reasonable effort to obtain full repayment of excess rental assistance.

In cases of unreported income depending upon the extent and nature of the circumstances, HACK will take action to remedy the situation by one or more of the following:

Collect a lump payment of the entire amount paid by the agency on behalf of the participant.

Establish a repayment plan for the participant to pay the sum due to the agency. If HACK offers a repayment agreement, the terms may not require prohibitive payments that would force the family to leave the program (HCV Program Guidelines 22-13).

The family executes a payment agreement.

Terminate the participant from the program for failure to report income and/or misrepresenting the circumstances surrounding the unreported income. In determining whether to terminate assistance because of action or failure to act by members of the family, HACK may consider the extent of participation or culpability of individual family members, any mitigating circumstances such as those related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved before initiating termination procedures.

8-E. COOPERATING WITH WELFARE AGENCIES

HACK will make its best efforts to enter into cooperation agreements with local welfare agencies under which the welfare agencies will agree:

To target assistance, benefits and services to families receiving assistance in the public housing and Section 8 tenant-based assistance program to achieve self-sufficiency.

To provide written verification to HACK concerning welfare benefits for families applying for or receiving assistance in our housing assistance programs.

8-F ANNUAL RE-CERTIFICATION

At least annually, HACK will reexamine the income, composition, and extent of medical or other unusual expenses of each assisted family to determine eligibility for continued assistance under the program and to determine whether appropriate adjustments to be made in the Total Tenant Payment (TTP) (the family's share of the applicable Rent to Owner), the correct family subsidy based on the unit size, and the HAP to be made by HACK. Families are required to comply with HACK's request for any applicable information regarding income, family composition or persons residing in the assisted housing, including criminal history of family members over 18 years of age since the last annual re-certification. Failure of the family to cooperate (which may include failure to appear at scheduled interview appointments or to reschedule prior to an appointment, or provide access to the housing for the annual inspection) is a basis on which HACK may terminate assistance to a family.

HACK will send a notification letter to the family letting them know that it is time for their annual reexamination and scheduling an appointment. The letter includes forms for the family to complete in preparation for the interview. The letter provides instructions in preparation for the appointment including the time frame for permitting the family to reschedule the interview if necessary. The letter informs families who may need to make alternate arrangements due to a disability that they may contact staff to request an accommodation of their needs.

Reexaminations will be conducted within twelve (12) months of the anniversary date of admission. The effective date of the reexamination will be established as the anniversary of the effective date of the initial housing lease. During the interview, the family will provide all information regarding income, assets, expenses, and other information necessary to determine the family's share of rent. The family will sign the HUD consent form and other consent forms that later will be mailed to the sources that will verify the family circumstances.

After the tenant's eligibility status and family income have been determined, an appropriate redetermination shall be made of the amounts of TTP and, the amount of the HAP per established policies. The family and owner shall be notified accordingly.

A family's eligibility for HAP shall continue until the amount payable by the family equals the Gross Rent for the housing they occupy for a period of six (6) months. However, the termination of eligibility at such point shall not affect the families other rights under its lease nor shall such termination preclude resumption of payments as a result of later changes in the income or rents or other relevant circumstances during the six (6) month period. If six (6) months have elapsed since the date of the last HAP, the Contract shall be terminated.

A family may, at any time, request a re-determination of its TTP on the basis of changes in family income or other relevant circumstances.

8-G. INTERIM RE-EXAMINATIONS

No rent adjustments are to be effected between dates of periodic reexaminations or annual reexaminations except as provided in paragraphs 1 and 2 below.

1. In addition to submitting such information as may be required at the time of periodic reexaminations (or special reexamination) of eligibility and re-determination of family income, tenants are required to report the following defined changes in writing within ten (10) business days;

2. Any tenant who reports a change in his/her family circumstance shall be given an interim change report to determine if a new Total Tenant Payment (TTP) adjustment is needed. Where the TTP is decreased per this provision, the tenant shall be required to report all income increases, which occur before the next re-examination. Failure to report the changes set forth in paragraph 8, I will require a retroactive adjustment of TTP when necessary.

8-H. SPECIAL RE-EXAMINATIONS

If, at the time of admission or re-certification, a family is clearly of low income, and it is not possible to make an estimate of family income for the next twelve (12) months with any degree of accuracy because:

1. A tenant is unemployed and there are no anticipated prospects of employment; or

2. The conditions of employment and/or receipt of income are so unstable as to invalidate usual and normal standards of determination.

A special reexamination shall be scheduled for a specified time (either 30, 60, 90 or 120 days) depending upon HACK's estimate of time required for the family circumstances to stabilize. If, at the time of such special reexamination, it is still not possible to make a reasonable estimate of family income, the special reexamination shall continue to be scheduled or conducted until such time as a reasonable estimate of family income can be made for the next twelve (12) months. If a family's past employment has been sporadic and such an income pattern is expected to continue, a reasonable twelve (12) months' estimate of the family's income may be based upon present rate of income. Special reexaminations must be clearly set for a definite time and controls established to assure compliance.

8-I. RE-EXAMINATION PROCEDURES

Data assembled at the time of the reexamination are to be filed in the folder set up for the family at the time of its admission. Reexamination and interim re-determination information will be recorded on HUD form 50058, Certification/Re-certification of Tenant Eligibility.

The lower-income family limits do not apply as a test for income eligibility of an assisted family at reexamination; however, the family's eligibility income must still be computed to determine if the family is Very-Low Income.

The sources of income and assets listed on the Certification/Re-certification of Tenant Eligibility form should be carefully compared to the initial certification (or most recent reexamination application, if applicable), to insure that no items have been omitted or improperly explained.

Written or oral third-party verification of all information applicable to determining the family's new TTP must be obtained unless HACK provides written documentation that the third-party verification is impossible to obtain as discussed in Chapter 2.

Careful assessment of any changes in family composition must be made to determine whether the family will be required to move and, if so, within a reasonable period of time.

The same procedures used for the initial determination of the TTP for the initial HAP contract are also applicable at the time of reexamination. In computing the TTP and HAP, the following important points will be observed:

8-J. NOTIFICATION OF REEXAMINATION RESULTS

Once the reexamination process has been completed, the family will be notified of its continued eligibility for assistance.

If a family has been determined ineligible for continued assistance, the family must be notified in writing with a statement of the reasons and offered the opportunity to request an informal hearing.-In addition, if the HAP contract is expiring at the time of re-examination, it cannot be renewed and the family and the owner must both be informed, in writing, of the termination date. If the family desires to continue in occupancy, the owner and family must make their own separate leasing arrangement.

If a family has been determined eligible for continued assistance, the family and owner must be notified, in writing, of any applicable changes in the amount of the HAP to be made by HACK, the amount of the tenant's portion of the Rent to Owner, HACK's portion of the Rent to Owner, and the effective date of the changes. For re-certification which is coordinated with HAP contract anniversary or termination dates, any applicable HACK-approved changes to the Rent to Owner that will also affect each parties contribution to the rent shall be incorporated in the same notice.

If a family has been determined eligible for continued assistance but must move to other housing because of overcrowding or under— utilization, they will be notified. The notice will inform the family of their right to request an exception to the occupancy standards, and the reasons for which an exception may be granted.

Unless there is a delay in reexamination processing not caused by the family, any rent increase will be effective the first of the second month after the month in which the family receives notice of the new rent amount. If the family causes a delay, then the rent increase will be effective on the date it would have been effective had the process not been delayed (even if this means a retroactive increase).

If the new rent is a reduction and any delay is beyond the control of the family, the reduction will be effective the first of the month after the interim reexamination should have been completed.

If the new rent is a reduction and the family caused the delay or did not report the change in a timely manner, the change will be effective the first of the month after the rent amount is determined.

All notices described in this Chapter shall be considered vital documents and shall be translated into the family's primary language, if other than English, in accordance with HACK's Limited English Proficiency Plan ("LEP").

Chapter 9 — Administrative Plan

Chapter 9

RENT AND HOUSING ASSISTANCE PAYMENT UTILITY ALLOWANCE

*Cross Reference: 24 CFR 982.502; 24 CFR 5.630 (b) (2) (ii) (A) (B)

9A. GENERAL

After October 1, 1999, HACK will issue only vouchers to applicants, movers, and families entering the jurisdiction through portability. Certificates currently held will continue to be honored until the transition of the merger of the Section 8 Certificate and Voucher programs as outlined in CFR 982.502 is complete (see for Chapter 6 for additional guidance).

9B. RENT REASONABLENESS

HACK will not approve an initial rent or a rent increase in any of the tenant-based programs without determining that the rent amount is reasonable. Reasonableness is determined prior to the initial lease and at the following times: ·

1. Before any increase in rent to owner is approved;

2. If 60 days before the contract anniversary date there is a 5% decrease in the published FMR as compared to the previous FMR; and

3. If HACK or HUD directs that reasonableness be re-determined.

9C. COMPARABILITY

In making a rent reasonableness determination, HACK will compare the rent for the unit to the rent of comparable units in the same or comparable neighborhoods. HACK will consider the location, quality, size, number of bedrooms, age, amenities, housing services, maintenance and utilities of the unit and the comparable units.

HACK will maintain current survey information on rental units in the jurisdiction. HACK will also obtain from landlord associations and management firms the value of the array of amenities.

Owners are invited to submit information to the survey at any time. Owners may review the determination made on their unit and may submit additional information or make improvements to the unit that will enable HACK to establish a higher value.

The owner must certify the rents charged for other units. By accepting the housing assistance payment each month the owner is certifying that the rent to owner is not more than the rent charged by the owner for comparable unassisted units in the premises.

9D. MAXIMUM SUBSIDY

The Fair Market Rent (FMR) is published by HUD or the exception payment standard rent (if requested by HACK and approved by HUD) determines the maximum subsidy for a family.

For a regular tenancy under the Certificate Program, the FMR exception rent limit is the maximum initial gross rent under the assisted lease. This only applies until the transition of the merger of the Section 8 Certificate and Voucher programs as outlined in 24 CFR 982.502 is complete.

For the Voucher Program, the maximum payment standard will be 110% of the FMR without prior approval from HUD, or the exception payment standard approved by HUD.

For a voucher tenancy in an insured or non-insured 236 project, a 515 project of the Rural Development Administration, or Section 221(d)(3) below market interest rate project the payment standard may not exceed the basic rent charged including the cost of tenant-paid utilities.

For a manufactured home space rental, the maximum subsidy under any form of assistance is the Fair Market Rent for the space as outlined in 24 CFR 982.888.

1. Setting the Payment Standard

2. Selecting the Correct Payment Standard for a Family

3. Area Exception Rents

9E. ASSISTANCE AND RENT FORMULAS

1. Total Tenant Payment

The total tenant payment (TTP) is equal to the highest of:

d. The welfare rent Plus any rent above the payment standard.

2. Minimum Rent

3. Section 8 Merged Vouchers

4. Section 8 Preservation Vouchers

5. Manufactured Home Space Rental: Section 8 Vouchers

6. Rent for Families under the Non-Citizen Rule A mixed family will receive full continuation of assistance if all of the following conditions are met:

If a mixed family qualifies for prorated assistance but decides not to accept it, or if the family has no eligible members, the family may be eligible for temporary deferral of termination of assistance to permit the family additional time for the orderly transition of some or all of its members to locate other affordable housing. Under this provision the family receives full assistance. If assistance is granted under this provision prior to November 29, 1996, it may last no longer than three years. If granted after that date, the maximum period of time for assistance under the provision is 18 months. HACK will grant each family a period of 6 months to find suitable affordable housing. If the family cannot find suitable affordable housing, HACK will provide additional search periods up to the maximum allowable.

Suitable housing means housing that is not substandard and is of appropriate size for the family. Affordable housing means that it can be rented for an amount not exceeding the amount the family pays for rent, plus utilities, plus 25%.

The family's assistance is prorated in the following manner:

1. Find the prorated housing assistance payment (HAP) by dividing the HAP by the total number of family members, and then multiplying the result by the number of eligible family members.

2. Obtain the prorated family share by subtracting the prorated HAP from the gross rent (contract rent plus utility allowance).

3. The prorated tenant rent equals the prorated family share minus the full utility allowance.

9F. UTILITY ALLOWANCE

HACK maintains a utility allowance schedule for all tenant-paid utilities (except telephone), for cost of tenant-supplied refrigerators and ranges, and for other tenant-paid housing services (e.g., trash collection (disposal of waste and refuse)).

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, HACK uses normal patterns of consumption for the community as a whole and current utility rates.

HACK reviews the utility allowance schedule annually and revises any allowance for a utility category if there has been a change of 10% or more in the utility rate since the last time the utility allowance schedule was revised. HACK maintains information supporting the annual review of utility allowances and any revisions made in its utility allowance schedule.

HACK uses the appropriate utility allowance for the size of dwelling unit actually leased by the family (rather than the family unit size as determined under HACK subsidy standards).

At each reexamination, HACK applies the utility allowance from the most current utility allowance schedule.

HACK will approve a request for a utility allowance that is higher than the applicable amount on the utility allowance schedule if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability.

The utility allowance will be subtracted from the family's share to determine the amount of the Tenant Rent. The Tenant Rent is the amount the family owes each month to the owner. The amount of the utility allowance is then still available to the family to pay the cost of their utilities. Any utility cost above the allowance is the responsibility of the tenant. Any savings resulting from utility costs below the amount of the allowance belongs to the tenant.

9G. DISTRIBUTION OF HOUSING ASSISTANCE PAYMENTS

HACK pays the owner the lesser of the Housing Assistance Payment (HAP) or the rent to owner. If payments are not made when due, the owner may charge HACK a late payment, agreed to in the Contract and in accordance with generally accepted practices in HACK's jurisdiction.

9H. LATE FEE PAYMENT TO OWNER

All of the following conditions must be met before compensation will be made to the owner when Housing Assistance Payments are late:

1. Payments will be made only after ten (10) days (beginning from the first working day of the month) has elapsed.

2. Reimbursement will be in the amount of the actual late payment assessed (or equivalent loss) each owner and only to those who request it, in writing, to the Finance Department and provide documentation. In cases where only a percentage of the property is under Section 8 contract, the late fee will be prorated accordingly.

3. Once envelopes are postmarked, our obligation satisfied. (The agency cannot be held responsible for the United States Postal Service.)

4. Not applicable in cases where HAP Funds are delayed from HUD. (The agency cannot be held responsible for HUD's actions. HAP Contracts with owners are contingent upon HUD's funding.)

5. No payment of late fees will be made if the HAP Payment has been placed on Hold.

9-I. CHANGE OF OWNERSHIP

HACK requires a written request by the owner who executed the HAP contract in order to make changes regarding who is to receive HACK's rent payment or the address as to where the rent payment should be sent.

In addition, HACK requires a written request from the new owner to process a change of ownership. The following documents must accompany the written request:

a. Deed of Trust showing the transfer of title; and

b. Tax Identification Number or Social Security Number.

New owners will be required to execute IRS form W-9. HACK may withhold the rent payment

until the Taxpayer Identification Number is received.

Chapter 10 — Administrative Plan

Chapter 10

SECTION 8 PROGRAM INTEGRITY, DENIAL OR TERMINATION OF ASSISTANCE, EVICTIONS AND TERMINATION OF CONTRACTS OWNER CLAIMS

*Cross Reference:

10A. PROGRAM INTEGRITY POLICY

The Housing Authority of the County of Kern (HACK) is committed to the prevention, detection and elimination of Section 8 Program abuse and fraud. Accordingly, the following policies and procedures will be observed in the administration of the Section 8 Program by HACK staff.

10B. HANDLING OF INQUIRIES

Under no circumstances will an inquiry or investigation of an assisted family be undertaken arbitrarily. HACK's expectation is that assisted families will comply with HUD requirements and program rules, and that Section 8 staff will make every effort (formally and informally) to orient and educate all assisted families in order to avoid unintentional violations. However, HACK has a responsibility to HUD, the community and to eligible families in need of housing assistance, to monitor program Participants for compliance and, when indicators of possible abuse come to the attention of staff, to investigate such claims.

10C. INITIATION OF INVESTIGATION

Section 8 staff will initiate an investigation of a program Participant only in the event of one or more of the following circumstances. All allegations of fraud or program abuse to HACK will be referred to the Investigations Division for follow-up investigation.

1. Referrals, Complaints or Tips

2. Internal File Review

3. Verification or Documentation

10D. PREVENTION OF SECTION PROGRAM ABUSE AND FRAUD

The management and occupancy staff will utilize various methods and practices (listed below) to prevent program abuse, non-compliance and willful violations of program rules by applicants, assisted families and landlords. The policy objective is to emphasize education as the primary means to obtain compliance by program Participants. The following actions will be taken by HACK staff.

1. Distribution of "Things YOU Should Know"

2. Program Briefing Session

3. Owner/Landlord Orientation Session

4. Participant Counseling

5. Review and Explanation of Certification and other Supplemental Forms

6. Use of Instructive Signs and Warnings

7. Landlord and Tenant Certification

10E. ACTIONS TO DETECT PROGRAM ABUSE AND FRAUD

The Section 8 Department Staff will maintain a high level of awareness to indicators of possible abuse and fraud by assisted families and landlords.

1. Quality Control File Reviews Each tenant file will be reviewed before initial certification, and at the completion of all later re-certifications. Such reviews shall include, but are not limited to:

2. Observation

3. Owner/Landlord Audits

4. State Wage Data Record Keepers

5. Credit Bureau Inquiries

10F. HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE AND FRAUD

The Section 8 Department staff will encourage program Participants to report suspected abuse to the Section 8 Department. All such referrals, as well as referrals from community members and other agencies, will be thoroughly documented and retained. Such documentation shall include at least the name, address, telephone number, and relationship to the Participant family of the person, agency, or entity making the referral, if provided by the reporting party.

All allegations, complaints and tips will be carefully evaluated in order to determine if they warrant follow-up. HACK will not follow up on allegations which are vague or otherwise non-specific. HACK will investigate only allegations that contain one or more independently verifiable facts. HACK staff shall document all efforts to independently verify facts and/or allegations and shall retain such documentation.

3. File Review.

A file review will be conducted to determine:

4. Conclusion of Preliminary Review

10G. INVESTIGATION OF ALLEGATIONS OF ABUSE AND FRAUD

When HACK has determined that an allegation or referral warrants follow-up, staff or the Investigator designated by the Executive Director to monitor program compliance may conduct the investigation. The steps taken will depend upon the nature of the allegation and may include, but are not limited to, the items listed below. In all cases, the Section 8 Department will secure the written authorization from the program Participant for the release of information.

In the event that HACK initiates proceedings to terminate assistance to the family based in whole or in part on such investigation, the family must be given the opportunity to examine before the hearing any documents that are directly relevant to the hearing. The family must be allowed to copy any such document at the family's expense. If HACK does not make the document available for examination on request of the family, HACK may not rely on the document at the hearing.

1. Credit Bureau Inquiries (CBI)

2. Employers and Ex-Employers

3. Neighbors/Witnesses

4. Other Agencies

5. Public Records

6. Head of Household or Family Members

10H. PLACEMENT OF DOCUMENTS, EVIDENCE AND STATEMENTS OBTAINED BY THE SECTION 8 DEPARTMENT

Documents and other evidence obtained by HACK during the course of an investigation will be considered "work product" and will be kept in a separate "work file." The work file shall be kept in a locked file cabinet. Such cases under review will not be discussed among Section 8 Department staff or with individuals outside the Section 8 Department. Cases will be treated as confidential information. The assigned Investigator will determine "need to know" and "right to know" in discussing cases with other staff.

In the event that HACK initiates proceedings to terminate assistance to the family based in whole or in part on its investigation, the family must be given the opportunity to examine before the hearing any documents that are directly relevant to the hearing. The family must be allowed to copy any such document at the family's expense. If HACK does not make the document available for examination on request of the family, HACK may not rely on the document at the hearing.

10I. CONCLUSION OF THE INVESTIGATIVE REVIEW

At the conclusion of the investigative review, the reviewer will report the findings to the Executive Director or designee. The Executive Director or designee then will determine whether a violation has or has not occurred, or if the facts are inconclusive. Investigation findings will be evaluated to determine the following factors:

10J. ACTIONS AND PROCEDURES FOR CURING DOCUMENTED VIOLATIONS

Once a program violation has been documented in accordance with the process described in Sections 10F-10I above, the violation type will determine the action taken by the Section 8 Department. Violations shall be classified in the following way:

1. Procedural Non-Compliance

2. Procedural Non-compliance for Overpaid Housing Assistance

10K. Participant CONFERENCES

When the investigation has established that material misrepresentation(s) have occurred, a Participant Conference will be scheduled with the family representative and HACK staff who are the most knowledgeable about the circumstances of the case. This Conference will take place before any proposed action by the Section 8 Department unless Participant fails to cooperate and a Conference cannot take place or take place in a timely manner.

HACK shall notify the Participant in writing of the time and place of the Participant conference at least five (5) business days prior to the conference. Such notice shall also advise the Participant:

A secondary purpose of the Participant Conference is to assist the Section 8 Department in determining the course of action most appropriate for the case. Before the final determination of the proposed action, the following shall be considered:

6. Whether or not the Participant willfully violated the law

10L. DISPOSITIONS OF CASES INVOLVING MISREPRESENTATIONS

In all cases of misrepresentations involving efforts to recover monies owed, the Investigations Division and Housing Management Director may elect, depending upon their evaluation of the criteria stated in Section 10K above, one or more of the actions listed in this section. Before HACK takes any action involving termination or surrender of the Participant's rental assistance, the Participant is entitled to an informal hearing under the procedures described in Chapter 11.

If the investigation has established willful intent as defined in Section 10J(3)(b) above, and the case meets the criteria for prosecution, staff may present the case to the Executive Director with a recommendation to:

1. Criminal Prosecution

2. Administrative Remedies,

HACK adopts the following thresholds for the disposition of cases resulting in a monetary loss:

10M. NOTIFICATION TO TENANT OF PROPOSED ACTION

The Section 8 Department will notify the tenant of the proposed action no later than ten (10) days after the tenant conference by certified mail. Such notice will contain:

1. The action being proposed by HACK.

2. The reason for the proposed action.

3. The date the proposed action will take place.

4. The tenants right to further explanation, if needed.

5. The tenant's right to an informal hearing and the form and date by which request for such hearing must be received.

6. A copy of the Section 8 Program Informal Hearing Procedures.

10N. AUTOMATIC HAP CONTRACT TERMINATIONS

There are several instances where a HAP contract will automatically terminate. Such automatic termination will occur when:

10(O) HACK-INITIATED HAP CONTRACT TERMINATIONS

HACK may find it necessary to terminate the HAP contract prior to its regular termination date under the following circumstances:

1. The housing has been found to be in non-compliance with the HQS or their Contract requirements, the owner has refused to correct the deficiencies, and HACK has decided to terminate the HAP contract;

2. Due to changes in family composition, HACK has determined the housing to be either overcrowded or under-occupied, requiring the family to transfer to other housing. To terminate the HAP contract in such instances, the following must occur:

3. The assisted family has been determined ineligible for assistance at the time of

reexamination, has been paying the full Contract Rent for a year, and either the owner has terminated the Contract prior to or on the anniversary date of the original Contract.

4. A family who has been determined provisionally eligible for a transfer to new housing with assistance has failed to satisfy any liability for damage that HACK may have required to be satisfied by a specific date.

5. HACK is unable to approve a new Request Tenancy of Approval and is not, therefore, entering into a new HAP contract.

6. HACK has determined that the owner is not in compliance with the terms of the HAP contract.

7. HACK has determined that the family is not in compliance with the terms of its certificate or voucher.

8. A family has been determined to have abused the program or engaged in fraudulent activities.

9. HACK has determined that an owner has abused the program or engaged in fraudulent activities.

10. The family is responsible for HQS violations caused by the family:

11. The family is responsible for vermin and rodent infestation caused by trash accumulation from poor family housekeeping. An owner may evict if family housekeeping creates a serious or repeated violation of the lease. HACK may terminate assistance for such violation of the lease.

12. If HACK determines that funding under Consolidated Annual Contribution Contract (CACC) is insufficient to support continued assistance for families in the program.

10P. EVICTIONS

Sections 882.215 and 882.514 of Title 24 of the Code of Federal Regulations requires that specific actions be taken by an owner in order to evict an assisted family, and also requires that HACK be given notice as soon as the family is notified.

In order to evict an assisted family, the owner must:

1. Comply with the all applicable requirements of Federal, State and local law;

2. Provide a copy of the notice to HACK.

10Q. FAMILY ELIGIBILITY FOR CONTINUED ASSISTANCE

A family is eligible for continued assistance to transfer to a new location as long as the family:

1. Is not liable to HACK for unpaid rent or damages paid on their behalf or was liable but has satisfied such liability; and

2. Is otherwise eligible per the eligibility criteria established in this Plan;

3. If the family is determined to be ineligible for continued assistance at the time of termination of tenancy, HACK will inform the family of its right to request, within ten (10) business days, an informal hearing (Refer to Chapter 11 for additional notice and hearing requirements). Until the decision becomes final as described in the paragraph below, HACK will afford the family limited transfer rights pursuant to 24 CFR 982.314. The family can initiate the transfer process up to but not including leasing a new unit.

Assistance may be terminated if a final decision has determined the family has abused the program, violated family obligations, engaged in fraudulent activities or if the family has failed to comply with the terms of an agreement to HACK for amounts paid to an owner for unpaid rent or damages. Final determination means the tenant has received notice regarding the alleged issue and the decision is final because the tenant didn't appeal, or because the tenant appealed but the hearing officer did not decide in the tenant's favor.

A landlord's issuance of a notice or initiation of eviction proceedings will not serve as the sole basis for denying a family full transfer rights. If the landlord initiates eviction proceedings against the family, and HACK has not proposed termination of assistance, the family may move and use their assistance at a new location.

10R. DENIAL OR TERMINATION

This section states the grounds on which HACK may deny assistance for an applicant or terminate assistance for a Participant under the programs because of the family's action or failure to act. The provisions of this section do not affect denial or termination of assistance for grounds other than action or failure to act by the family.

1. Denial of assistance for an applicant may include any or all of the following:

2. Termination of assistance for a Participant may include any or all of the following:

This section does not limit or affect exercise of HACK rights and remedies against the owner under the HAP contract, including termination, suspension or reduction of HAP, or termination of the HAP contract.

3. HACK may at any time deny program assistance for an applicant, or terminate program assistance for a Participant, for any of the following grounds:

4. HACK Discretion to Consider Circumstances

In deciding whether to deny or terminate assistance because of action or failure to act by members of the family, HACK has discretion to consider all of the circumstances in each case, including the seriousness of the case, the extent of participation or culpability of individual family members, whether a reasonable accommodation is needed for a Participant's disability which would eliminate the basis of the termination, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure.

HACK may impose, as a condition of continued assistance for other family members, a requirement that family members who participated in, or were culpable for, the action or failure will not reside in the housing. HACK may permit the other members of a Participant family to continue receiving assistance.

5. Requirement to Sign Consent Forms

HACK must deny or terminate assistance if any member of the family fails to sign and submit required consent forms for obtaining information.

6. Restriction on Assistance to Non-citizens

For provisions on assistance for mixed families (families whose members include those with eligible immigration status, and those without eligible immigration status) instead of The families submit required evidence of citizenship or eligible immigration status. See 24 CFR Section 5.514 for a statement of circumstances in which HACK must deny or terminate assistance because a family member does not establish citizenship or eligible immigration status, and the applicable informal hearing procedures. Assistance to a family may not be delayed, denied, reduced or terminated because of the immigration status of a family member except as provided under Section 5.514. See 24 CFR Section 5.516 denial or termination of assistance and for provisions on deferral of termination of assistance.

7. Information for Family

HACK must give the family a written description of:

a. Family obligation under the program.

b. The grounds on which HACK may deny or terminate assistance because of family action or failure to act.

c. HACK informal hearing procedures, including the family's right to be represented by counsel or other representative, the right to review HACK's documents related to the informal hearing (and have excluded from the hearing any requested documents that were not provided to the Participant prior to hearing), the right to present evidence and testimony in support of the Participant's position at the hearing, and the right to confront and cross-examine witnesses. (Refer to Chapter 11 for additional information regarding the informal hearing process.)

HACK must include such information with any termination notice given to the family (see Chapter 11).

108. CRIME BY FAMILY MEMBERS

HACK may deny assistance to an applicant, or terminate assistance to a Participant family at any time if any member of the family is involved in:

If HACK seeks to deny or terminate assistance because of illegal use, or possession for personal use, of a controlled substance, such use or possession must have occurred within one (1) year before the date that HACK provides notice to the family of its determination to deny or terminate assistance. HACK may not deny or terminate assistance for such use or possession by a family member if the family member can demonstrate that he or she:

10T. VACANCY LOSS

If a family moves out, the owner may keep the HAP for the month when the family moves out, HACK may not make any further payments. [See 24 CFR 982.311(d)(l)].

10U. SECURITY DEPOSIT DISPOSITION

If a family vacates its housing, the owner, subject to State and local law, may use the security deposit as reimbursement for any unpaid family contributions or other amounts owed under the Lease (damages). If no such amounts are owed, or if the amounts owed are less than the amount of the Security Deposit, the owner must refund the full amount or the unused balance to the family, including any interest required to be paid on such deposits by State and local law.

10V. OWNER CLAIMS FOR DAMAGES, UNPAID RENT, AND VACANCY LOSS AND PARTICIPANT'S ENSUING RESPONSIBILITIES

This Section only applies to HAP contracts in effect before OCTOBER 2, 1995. Certificates have a provision for damages, unpaid rent, and vacancy loss. Vouchers have a provision for damages and unpaid rent. No vacancy loss is paid on vouchers. No Damage Claims will be processed unless HACK has performed a move-out inspection. Either the tenant or the owner can request the move-out inspection. Ultimately, it is the owner's responsibility to request the move-out inspection if he/she believes there may be a claim.

Damage claims are limited in the following manner:

In the Certificate Program, owners are allowed to claim up to two (2) months contract rent minus greater of the security deposit collected or the security deposit that should have been collected under the lease.

In the Voucher Program, owners are allowed to claim up to one (1) month contract rent minus greater of the security deposit collected or the security deposit that should have been collected under the lease. There will be no payment for vacancy losses under the Voucher Program. No damage claims will be paid under either program effective on or after October 2, 1995.

10W. OWNER CLAIMS FOR PRE-OCTOBER 2, 1995 UNITS

In accordance with the HAP contract, owners can make special claims for damages, unpaid rent, and vacancy loss (vacancy loss cannot be claimed for vouchers) after the tenant has vacated or a proper eviction proceeding has been conducted.

Owner claims for damages, unpaid rent, and vacancy loss are reviewed for accuracy and completeness. Claims are then compared to the move-in and move-out inspections to determine if an actual claim is warranted. No claim will be paid for normal "wear and tear". Unpaid utility bills are not an eligible claim item.

HACK will make payments to owners for approved claims. It should be noted that the tenant is ultimately responsible for any damages, unpaid rent, and vacancy loss paid to the owner and will be held responsible to repay HACK to remain eligible for the Section 8 Program.

Actual bills and receipts for repairs, materials, and labor must support claims for damages. HACK will develop a list of reasonable costs and charges for items routinely included on damage claims. This list will be used as a guide.

Owners can claim unpaid rent owed by the tenant up to the date of HAP termination.

In the Certificate Program, owners can claim for a vacancy loss as outlined in the HAP contract. In order to claim a vacancy loss, the owner must notify HACK immediately upon learning of the vacancy or suspected vacancy. The owner must make a good faith effort to rent the unit as quickly as possible to another renter.

All claims and supporting documentation under this Section must be submitted to HACK within thirty (30) days of the move-out inspection. Any reimbursement shall be applied first towards any unpaid rent. No reimbursement may be claimed for unpaid rent for the period after the family vacates.

10X. PARTICIPANT RESPONSIBILITIES

If a damage claim or unpaid rent claim has been paid to an owner, the Participant is responsible for repaying the amount to HACK. This shall be done by either paying the full amount due immediately upon HACK's requesting it or through a Repayment Agreement that is approved by HACK.

10Y. LANGUAGE ACCESS

All notices referred to in this chapter shall be considered vital documents and shall be translated into the Participant family's primary language, if other than English, in accordance with HACK's Limited English Proficiency Plan ("LEP").

Chapter 11 — Administrative Plan

CHAPTER 11

INFORMAL REVIEWS AND INFORMAL HEARINGS

*Cross Reference: (reserved)

11A. INFORMAL REVIEW

1. Reasons

2. Notification of Applicant

3. Review Procedure

11B. INFORMAL HEARINGS

1. Participant's Right to Informal Hearing

2. In cases described in paragraphs (1) (a), (d), (e), and (f) of this chapter, HACK must give the opportunity for an Informal Hearing before HACK terminates HAP for the family under an outstanding HAP contract.

3. HACK may extend the period of time for requesting a hearing (for a specified period) at its discretion, and may extend the period of time for a specified period upon good cause shown or if HACK at any time determines that good cause exists. Good cause includes, but is not limited to, documented medical emergencies, natural disasters, and lack of actual notice to the participant caused by HACK's action or failure to act. HACK may also extend the period of time for requesting a hearing if such extension is needed to reasonably accommodate a family member's disability.

4. When a Hearing is not Required

5. Notice to Family

6. Expeditious Hearing Process

7. Hearing Procedures

8. Hearing Officer: Appointment and Authority

9. Evidence

10. Issuance of Decision The person who conducts the hearing must issue a written decision that briefly states the reasons for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. The written decision should include all of the following:

11. Notice to Family of Hearing Procedures

12. HACK Not Bound by Decision

13. Restrictions on Assistance for Non-Citizens The Informal Hearing provisions for the denial of assistance on the basis of ineligible immigration status are contained in 24 CFR 812.9.

14. After notification of the results of an INS appeal, or in lieu of request of appeal to the INS, a family may request that HACK provide a hearing regarding ineligible immigration status. This request must be made either within fourteen (14) days of the date HACK mails or delivers the notice in accordance with Chapter 2, or within fourteen (14) days of the mailing of the INS appeal decision.

15. The procedures for an Informal Hearing for participants concerning ineligible immigration status are set forth in Paragraphs 7-12.

16. The procedures for an Informal Hearing before the HA concerning ineligible immigration status for applicants are:

17. Judicial Relief

18. Appeal to INS

19. Response to INS Ineligibility

20. HACK Not Bound by Decision

11C. CONSIDERATIONS

11D. RETENTION OF FILES

11E. SECTION 504 (Disability Non-discrimination) Grievance Procedure)

Chapter 12 — Administrative Plan

Chapter 12

HOUSING AUTHORITY, OWNER, AND PARTICIPANT RESPONSIBILITIES AND OBLIGATIONS

* Cross Reference: (Reserved)

This Section outlines the responsibilities and obligations of HACK, the Section 8 Owners/Landlords, and the participating families.

12A. RESPONSIBILITIES OF HACK

HACK will comply with the consolidated ACC, the application, HUD regulations and other requirements, and the Housing Authority of the County of Kern Section 8 Administrative Plan.

In administering the program, HACK will:

12B. RESPONSIBILITIES OF THE OWNER.

The owner shall be responsible for performing all of his/her obligations under the HAP contract and lease. Such responsibilities shall include, but not be limited to:

12C. RESPONSIBILITIES OF THE PARTICIPANT FAMILY

This section states the obligations of a participant family under the program.

1. The family shall:

1. The family shall not:

Failure of the Family to meet its responsibilities under the Lease, the Statement of Family Responsibility, or this section shall constitute grounds for termination of assistance by HACK.

Appendix 8 — Administrative Plan

Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking [24 CFR Part 5, Subpart L]

The Violence Against Women Reauthorization Act of 2013 (VAWA) protects tenants and participants, and "affiliated individuals" of tenants and participants who are victims of domestic violence, dating violence, sexual assault, or stalking from being evicted or terminated from HUD's federally subsidized public housing, Housing Choice Voucher program, and other federally subsidized housing programs administered by the Housing Authority of the County of Kern (HACK) based on actual or threatened acts of such violence against them.

Additionally, VAWA prohibits denial of admission to an otherwise qualified applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking [24 CFR 5.2005]. Notwithstanding its title, this provision is gender-neutral and its protection is available to all victims of domestic violence, dating violence, sexual assault, or stalking regardless of gender or sex.

1. Definitions [24 CFR 5.2003]

2. Notification

3. Admissions and Screening

4. Termination of Tenancy or Assistance

5. Verification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

6. Emergency Transfers

A victim requesting an emergency transfer under subsection may receive a tenant protection voucher, subject to the availability of such vouchers.

7. PHA Confidentiality Requirements [24 CFR 5.2007(a)(1)(v)]

Joint Press Release

Five low income tenants have reached an agreement with the Housing Authority of the County of Kern in a federal lawsuit. The tenants will be reinstated to the Section 8 Program so long as they are still eligible. The Housing Authority will make changes to their Section 8 Administrative Plan primarily related to the hearing process.

The five plaintiffs filed a lawsuit, Murphy et al. v. Housing Authority of the County of Kern, after the Housing Authority terminated their Section 8 assistance. The federal Section 8 Housing Choice Voucher Program provides critical rental assistance to people with extremely low incomes, like the plaintiffs, so that they can secure decent and safe affordable housing. Program participants receive a voucher for a subsidy that supplements what the individual or family can pay for rent in the private market.

The settlement agreement provides that:

• The Housing Authority will restore the Section 8 housing vouchers to all the Plaintiffs provided that they are still eligible for the program.

• The Housing Authority will hire professional hearing officers, who are not affiliated with the Housing Authority and who are knowledgeable in the areas of federally subsidized housing, landlord/tenant law, fair housing and basic constitutional principles to act as hearing officers for termination hearings.

• The Housing Authority will revise its Administrative Plan and provide comprehensive training to all Section 8 staff.

The tenants are represented by Greater Bakersfield Legal Assistance, Western Center on Law and Poverty, and Sidley Austin LLP.

For More Information