1. VAWA Reauthorization Act: Local Planning Requirements National Housing Law Project KnowledgePlex Chat April 11, 2006 Catherine M. Bishop (510) 251-9400 x105 cbishop@nhlp.org

2. National Housing Law Project Advancing Housing Justice 2 FEDERAL LAW REQUIRES EVERY PHA TO DEVELOP 5 YEAR PLANS (2 nd 5 Year Plans were due in 2005) –Mission and 5 Year Goals ANNUAL PLANS –Housing Needs, Strategies, Financial Resources –Policies (Admissions, Rent, Operations & Management, Grievance & Hearing, Capital Improvements, Demolition/Disposition, Designation of Housing, Conversions of PH, Home Ownership, Community Service and Self Sufficiency Programs, Crime & Safety, Pets, Civil Rights Certification, Other ) –Information for participation in Capital Fund (PH only) Special rules for small PHAs (<250 PH units) & High Performers and Moving to Work PHAs

3. National Housing Law Project Advancing Housing Justice 3 IMPORTANCE OF THE PHA PLAN PROCESS Source and availability of PHA Policies To make PHAs accountable Annual application for Capital Fund for Public Housing

4. National Housing Law Project Advancing Housing Justice 4 SOURCE AND AVAILABILITY OF PHA POLICIES The PHA Plan has “Required Attachments” & “Supporting Documents” which must be available locally “Supporting Documents” include: Admission and Continued Occupancy Plan and Administrative Plan for Section 8 –These Plans provide details regarding admission, continued participation and eviction or termination PHA Plans with “Required Attachments” but not “Supporting Documents” are posted on HUD web site PHA must give a copy of the PHA Plan to the Resident Advisory Board (RAB)

5. National Housing Law Project Advancing Housing Justice 5 TO MAKE PHAs ACCOUNTABLE Public Hearing –Must be held upon 45 days notice and prior to submission of the PHA Plan to HUD Establishment of Resident Advisory Board (RAB) –The RAB is composed of public housing residents and voucher participants. It advises the PHA on the PHA Plan. The PHA must respond to the RAB comments –List of RAB members is a “Required Attachment” to PHA Plan –42 USC 1437c—1(e); 24 CFR 903.13; Desk Guide ¶ 4.6

6. National Housing Law Project Advancing Housing Justice 6 TO MAKE PHAs ACCOUNTABLE The PHA Plan must be consistent with Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI)

7. National Housing Law Project Advancing Housing Justice 7 WHY DO YOU WANT TO INFLUENCE THE PHA PLAN PROCESS? The plan addresses PHA’s discretionary policies 17 topics, such as admissions, rent, demolition of PH, grievance procedures, etc New topic: Domestic Violence The PHA Plan process provides residents, participants and advocates a way to work with and influence policies of the PHA

8. National Housing Law Project Advancing Housing Justice 8 NEW REQUIREMENTS ON DOMESTIC VIOLENCE Five Year Plan must include a statement of the goals that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking PHA Plan (Annual Plan) must consider and describe –Any services provided to victims of domestic violence –Any activities to prevent domestic violence or enhance victim safety –Any activities that help victims of domestic violence obtain or maintain housing 42 USC § § 1437c—1 (a)(2) and (d)(13)

9. National Housing Law Project Advancing Housing Justice 9 FIVE YEAR PLAN GOALS PHA should adopt goals that are specific and measurable The HUD form PHA Plan Template for the Five Year Plan states –“PHAs are strongly encouraged to identify quantifiable measures of success in reaching their objectives over the course of the 5 Years” Annual Plan reports on progress in meeting 5 year goals. 24 CFR § 903.7r(1)

10. National Housing Law Project Advancing Housing Justice 10 PHA PLAN (ANNUAL PLAN) MUST DESCRIBE The activities/services or programs described in the PHA Plan may be provided Directly by the PHA, or In partnership with other service providers –This is an opportunity for agencies to work together at the local level to address domestic violence issues Activities/services or programs offered to prevent domestic violence may include, for example Training of staff Workshops for residents, for children of residents Extra security Other

11. National Housing Law Project Advancing Housing Justice 11 PHA PLAN (ANNUAL PLAN) MUST DESCRIBE The activities/services or programs offered that help a victim of domestic violence to obtain housing, for example –Admission policies—Preferences For victims of domestic violence are encouraged. 24 CFR 960.208(b)(4) Other preferences should be reviewed to determine if they present barriers for victims of domestic violence, such as a working preference –Other admission policies that present barriers should be reviewed. Barriers include poor credit or work history, poor landlord references, history of disturbances at prior residences, etc

12. National Housing Law Project Advancing Housing Justice 12 PHA PLAN (ANNUAL PLAN) MUST DESCRIBE The activities/services or programs offered that help a victim of domestic violence to maintain housing, for example –Rules regarding eviction and leases, including bifercation –Policies regarding termination of voucher subsidy –Rules regarding termination of lease by voucher participants and portability policies –Certification that individual is a victim of domestic violence Will PHA allow victim to self certify? Under what circumstances? Will PHA allow victim more than 14 days to obtain certification, if so under what circumstances?

13. National Housing Law Project Advancing Housing Justice 13 NOTIFICATION OF VAWA REAUTHORIZATION Public housing authority must give notice of tenant rights regarding admission, eviction and termination of subsidy, confidentially and for voucher participants early termination of lease and portability –To public housing tenants 42 USC 1437d(u)(2)(B) –To voucher and project-based Section 8 tenants 42 USC 1437f(ee)(2)(B) –To Section 8 owners and managers 42 USC 1437f(ee)(2)(B) Notification issues could be addressed in the PHA Plan process

14. National Housing Law Project Advancing Housing Justice 14 HOW DO YOU GET STARTED? Determine time line for your PHA Determine PHA Fiscal Year http://www.hud.gov/offices/pih/systems/pic/haprofiles/ Obtain relevant documents –PHA office; HUD web site http://www.hud.gov/offices/pih/pha Request a meeting with PHA staff Work with other interested parties who work on domestic violence or related issues

15. National Housing Law Project Advancing Housing Justice 15 TIME LINE FOR PHA PLAN PROCESS

16. National Housing Law Project Advancing Housing Justice 16 For More Information Regarding PHA Plan Process 42 U.S.C.A. § 1437c–1; 24 C.F.R. Part 903 Public Housing Agency [PHA] Plan Desk Guide at http://www.hud.gov/offices/pih/pha/index.cfm HUD 50075, PHA Plans Template at http://www.hud.gov/offices/pih/pha/index.cfm A Residents Guide to the New Public Housing Plans, http://www.communitychange.org/issues/housing/publicati ons/

17. National Housing Law Project Advancing Housing Justice 17 CONSOLIDATED PLAN (CONPLAN) The ConPlan is the 5 year planning document for 4 HUD block grants: Community Development Block Grants (CDBG); Emergency Shelter Grants (EMG); HOME; and Housing Opportunities for People with AIDS (HOPWA) The Annual Action Plan is the annual application for the block grants. The Annual Action Plan is also referred to as the ConPlan The Consolidated Annual Performance and Evaluation Report (CAPER)

18. National Housing Law Project Advancing Housing Justice 18 CONSOLIDATED PLAN (CONPLAN) ConPlan must now address the housing needs of victims of domestic violence, dating violence, sexual assault and stalking. 42 USC 12705(b)(1) The ConPlan includes –Identification of Needs. With respect to domestic violence, data from welfare departments, Office of Attorney General, 911, Police and the local Courts may be helpful but is not required. –Long Term Strategies –Setting Priorities. Because there are inadequate funds, the setting of priorities is very important. 24 CFR § 91.215

19. National Housing Law Project Advancing Housing Justice 19 PUBLIC PARTICIPATION IS REQUIRED The Citizen Participation Plan is part of the ConPlan; it provides for at least 2 hearings/year—one of which is before the ConPlan is published for comment. 24 CFR § 91.105(e) only one hearing is required for a ConPlan developed by a state. 24 CFR § 91.115(b)(3) In most jurisdictions there is a hearing each year –First, to assess the community needs, and –Second, prior to the adoption of the Annual Action Plan –A hearing is also required for a substantial amendment to the 5 Year ConPlan Amendment includes changes in priorities or beneficiaries of an activity or if $ is used for an activity that is not mentioned in the ConPlan Local jurisdiction defines “substantial”

20. National Housing Law Project Advancing Housing Justice 20 HEARING SCHEDULE The schedule is determined locally. Reasonable notice of the hearing must be provided. 24 CFR § 91.105(e)(2) Annual Action Plan must be submitted 45 days prior to the beginning of the program year. 24 CFR § 91.15 –Most jurisdictions have a program year of Jan 1 or July 1, but check locally to be sure

21. National Housing Law Project Advancing Housing Justice 21 HOW DO YOU GET STARTED Get a copy of the Citizen Participation Plan Get a copy of the Annual Action Plan and 5 Year ConPlan Determine the dates of the public hearings Gather information regarding the need, develop and propose strategies, etc Collaborate with other local groups and advocates working on domestic violence or related issues Contact local (or state) staff who are responsible for developing the ConPlan and Annual Action Plan.

22. National Housing Law Project Advancing Housing Justice 22 FOR MORE INFORMATION ABOUT THE CONPLAN 42 USC § 12,705 24 CFR Part 91, as amended by 71 Fed. Reg. 6950 (Feb. 9, 2006) HUD ConPlan web site http://www.hud.gov/offices/cpd/about/conplan/index.c fm#guidance HUD’s Consolidated Plan: An Action Plan for Involving Low Income Communities, available at http://www.communitychange.org/about/publications/ ?page=allpubs