Housing

Interim housing and homeless program guidance on COVID-19

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The California Department of Social Services (CDSS) has issued guidance regarding CDSS housing and homeless programs for COVID-19.  The guidance relates to CalWORKs Homeless Assistance (HA), CalWORKs Housing Support Program (HSP), Bringing Families Home (BFH), Housing and Disability Advocacy Program (HDAP) and Home Safe.

CDSS does not limit the number of days of interim shelter, including nights in a hotel or motel, for HSP, Bringing Families Home, HDAP and Home Safe.

HA applications are not required to be in person or to include a face-to-interview.  Counties can complete the CW 42 application form for the client and have then sign electronically.  Existing rules requiring issuing 3-days of benefits while homelessness is verified remain in effect.  However, counties are strongly encouraged to issue benefits without requiring clients to come to the office, including allowing sworn statements and granting good cause instead of requiring clients to come to county offices.  Although existing guidance requires counties to issue vendor payments when there has been a finding of mismanagement, if there is no feasible way to issue vendor payments because of COVID-19, counties should consider issuing benefits on the client’s EBT card.

Clients affected by COVID-19 may be eligible for an exception to the once-every 12 months rule for HA.  For example, if a parent in an assistance unit is concerned about infection and asks to isolate themselves, HA should be granted based on an exception because of illness.

HDAP funds can expand existing housing options used by HDAP clients, including shelters, recuperative care housing, hotel or motel leases, or interim housing programs.  For example, expanding a shelter program could include offering specialized quarantine options or leases with motels to provide housing for homeless persons impacted by COVID-19.  Counties can also purchase supplies for a specialized quarantine area or establish a new shelter program for HDAP clients specific to COVID-19.  In addition, HDAP funds can be spent on outreach to locate persons potentially eligible for HDAP who are residing in homeless camps who require medical care related to COVID-19.

Home Safe funds can be spent on landlord engagement, including incentives for landlords to participate in Home Safe.  Such payments can include in-kind goods to address COVID-19 impacts such as medical or sanitizing equipment and supplies.  Home Safe funds may also be used for interim housing, including motels.

HSP funds can be used for a range of financial and supportive services, including providing interim housing, helping participants navigate systems of care, providing rental assistance, incentive payments in the form of good for landlords participating in HSP, and supplies necessary to keep housing habitable.  Counties can provide landlord mediation and discussion of tenant’s rights to avoid eviction or housing displacement.

BFH for families experiencing homelessness or at risk of homelessness with an open child welfare case can include interim housing, tenant engagement, case management, public systems assistance, and conflict mediation with landlords or neighbors.  BFH can locate and pay for motel stays for families seeking interim housing that is not a shelter.  BFH can also pay for cleaning supplies.

A three-day notice to pay rent or quit meets eligibility requirements for HA, BFH, HDAP and Home Safe.  HA can be used to pay up to two month rental arrearages to prevent eviction.  (ACWDL, March 19, 2020.)

The HA provisions of this letter are superceeded by All County Welfare Directors Letter, March 31, 2020, summarized here.

Temporary Waiver of Servicing Policy Regarding In-Person Borrower Contact

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The United States Department of Housing and Urban Development (HUD) has issued a waiver of its requirement that mortgagees have face-to-face contact with borrowers to determine the borrower’s circumstances and appropriate repayment plan because of COVID-19.  This waiver is limited to Single Family Mortgage Insurance.

The mortgagee must establish contact with the borrower using alternative methods including telephone, email or video conference to inform the borrower that HUD will make information available about the status and payment history of the borrower’s loan available to local credit bureaus and prospective lenders, to inform the borrower of other available assistance, and to inform the borrower of names and addresses of HUD officials to contact.

The mortgagee must documents their contact with the borrower.  The waiver does not apply to the face-to-face requirement for the Section 248 insurance program.  The waiver is limited to a 12-month period from the date of issuance.  (FHA Letter 20-20, March 13, 2020.)

FHA mortgage and eviction moratorium

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The United States Department of Housing and Urban Development (HUD) has issued a directive that properties secured by FHA- insured Single Family mortgages are subject to a 60 day moratorium on foreclosure. The moratorium applies to initiation of and completion of the foreclosure process.

Evictions of persons from properties secured by FHA- insured Single Family mortgages are suspended for 60 days.

Deadlines for the first legal action and reasonable diligence timelines are extended by 60 days.  (Mortgagee Letter 2020-04, March 18, 2020.)

Tenant Protection Vouchers for foster youth

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The United States Department of Housing and Urban Development (HUD) has guidance regarding Tenant Protection Vouchers for foster youth.  Tenant Protection Vouchers are now available for Family Reunification Program-eligible foster youth in communities that do not administer Family Reunification Programs.  To be eligible, a Public Housing Authority (PHA) must: administer the Housing Choice Voucher program, not administer the Family Reunification Program, have a partnership with a public child welfare agency, accept Family Reunification Program –eligible your referrals, determine eligibility and update their administrative plan.  The public child welfare agency must provide supportive services.

Eligible youth must be at least 18 years of age and not more than 24 years of age, left foster care or will leave foster case within 90 days, and are homeless or at risk of becoming homeless.

These vouchers sunset when the youth leaves the program.  If a youth does not use the voucher, the PHA must notify HUD and HUD will reduce the PHA’s housing choice voucher assistance to account for the removal of the voucher.  These vouchers cannot be project based.   PHAs may admit youth to the program who are not on the waiting list or without consideration of waiting list position.  These vouchers provide assistance for a maximum of 36 months.  (PIH Notice 2019-20, July 26, 2019.)

Utility Rate Reduction Incentive in Public Housing

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The United States Department of Housing and Urban Development has guidance regarding use and eligibility of the Rate Reduction Incentive (RRI).  The RRI is a financial incentive for Public Housing Authorities (PHAs) to pursue special and significant efforts beyond what is required by statute or regulation to reduce their utility rate.  PHAs that take an eligible action will be eligible to retain one-half of the annual savings realized from their actions.  The lower rate cannot be result of factor that do not require PHA action such as market changes, rate changes for all customers or consuming energy at a different time of day.

Eligible activities include special rate negotiated by and for the PHA, wellhead purchase of natural gas, power purchase agreement using a third-party energy supplier, energy efficiency investments that lead to lower utility rates, investments to allow for fuel switching capability in order to participate in an interruptible utility rate, commodity purchases of regulated utilities in a deregulated market that result in a lower utility rate, active commodity trading and on-site renewable energy.

Activities ineligible to receive RRI include energy investments that lower utility consumption but not the rate, selecting the best available utility rate, combining or removing meters to prohibit individual tenant metering, and fuel switching to obtain a better rate when new equipment is not required.  (PIH Notice 2019-24, September 3, 2019.)

Emergency call systems in public housing

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The United States Department of Housing and Urban Development (HUD) has issued guidance on emergency call systems in public housing.  There is no requirement to install emergency call systems in public housing.  HUD does not prescribe the type of emergency call system a public housing authority should use if there is a system present or installed.

However, emergency call systems may be required to be installed and operable as reasonable accommodations, modification or auxiliary aids pursuant to Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act.

If a public housing authority has call-for-aid pull cords, wireless communication notification systems or other similar emergency call systems in a public housing property, the systems must function as intended, are subject to Real Estate Inspection Center (REAC) inspection protocols and must be tested. Housing Authorities are not required to replace older call systems with wireless or electronic communication technology.  However, when the public housing authority uses call-for-aid pull cords, REAC inspectors must verify the system functions as intended and the cords must be accessible.  (PIH Notice 2019-25, October 11, 2019.)