COVID-19 HUD waivers

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The United States Department of Housing and Urban Development has issued several waivers regarding requirements for various programs because of COVID-19.  This summary focuses on waivers that directly affect tenants and voucher holders.

Waivers for both public housing and voucher

The public meeting requirement for public housing authority (PHA) 5 year plans and annual plans is waived.  HUD provided alternative deadlines for some PHA to complete their plans.

Annual recertifications for public housing, housing choice voucher (HCV) and project based voucher (PBV) are delayed. All recertifications need to be done by December 31, 2020.  PHAs can forgo third party verification and accept self-certification as the highest form of verification.  Self-certification can be done by telephone, email or mail.  Recertifications do not need to be done in person.

Third party verification for interim reexaminations because of decrease in income is waived through July 31, 2020.  Self-certification can be accepted as the highest form of verification.

PHAs can extend Family Self-Sufficiency (FSS) plans for up to two years for good cause.  COVID-19 is good cause to extend a FSS plan through December 31, 2020.

Notice of a PHA opening a waiting list can be posted on the PHAs website and voicemail through July 31, 2020.

HCV and PBV

Housing Quality Standards (HQS) inspections are delayed.  Through July 31, 2020, owners can certify that they have no reasonable basis to know of life threatening conditions at the property. Inspections must occur by October 31, 2020.

For initial HQS inspections, through July 31, 2020 there is a 30 day extension for non-life threatening repairs to 60 days and payment can begin while repairs are occurring.

Occupancy will be allowed if the unit passed an alternative inspection in the last 24 months.  A new HQS inspection must be done no later than October 31, 2020.

Biannual HQS inspections are delayed to no later than October 31, 2020.

Public Housing

PHAs can make changes to their Admissions and Continuing Occupancy Policy (ACOP) without approval of their Board.  The Board must approve changes no later than July 31, 2020.

The community service requirement is suspended until March 31, 2021.

Families with income exceeding the maximum income for two consecutive years can remain in their unit at their current rent until the next annual recertification.

Indian housing

For Indian Housing Block Grant (IHBG), providers can do less frequent income verification, allow verification of income remotely including self-certification by phone or email for fiscal year 2020 grants.

IHBG funds can be used for public health for fiscal year 2020 grants.

IHBG funds can be used to prevent, prepare for and respond to COVID-19 for fiscal year 2020 grants.

Indian Community Development Block Grant funds can be used for emergency payments for low and moderate income individuals and families impacted by COVID-19.  Initially, payments are limited to 3 months.  (PIH Notice 2020-05, April 10, 2020.)

COVID-19 verification of foster care status for Phones for Foster Youth program

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The Phones for Foster Youth program provides a free smartphone with unlimited voice and text and hotspot capability, to current and former foster youth residing in California.  To be eligible, a person must be a current or former foster youth between ages 13 and 26 who was in foster care on their 13th birthday or later and who resides in California.  To apply, persons must fill out an application by email and provide verification of their dependency or ward status and foster care placement.  Youth who do not currently have access to email or internet can contact the Office of the Foster Care Ombudsperson for assistance.

Pursuant to Executive Order, the California Department of Social Services (CDSS) may issue foster care verification to current dependents and wards for purposes of the Phones for Foster Youth program.  CDSS, county placement agencies and IV-E tribes may provide verification directly.  County placement agencies and IV-E tribes may provide a list of foster youth eligible for the program.  Current or former foster youth may request a verification letter from contact the Office of the Foster Care Ombudsperson.  (ACIN I-32-20, April 17, 2020.)

COVID-19 CAPI procedures

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The California Department of Social Services (CDSS) has issued clarification regarding procedures for the Cash Assistance Program for Immigrants (CAPI) program during COVID-19.  Counties are to promptly determine CAPI eligibility without waiting for signed forms for requested documentation.  However, the county must receive all requested documentation prior to issuing a notice of action or starting to pay benefits.

CAPI applications remain subject to the 30-day determination deadline except for disability determinations for applicants under age 65. Applicants must be informed of required documents before the 30 day timeframe starts.  For telephone applications, the county should follow up with a letter stating all required documentation.  The date of the telephone application is the first day of the 30-day application process.  For mailed applications, the date the application is received and date stamped by the county is the first day of the 30-day process.

Redeterminations have been suspended for 90 days.  Any CAPI case due to be redetermined in March, April, May or June is extended for 12 months and may not be redetermined until the scheduled redetermination date in 2021.  Counties must ensure that adverse actions from March, 2020 redeterminations are not taken and must rescind any that were.  Any notices that were manually sent to CAPI recipients in March to inform of adverse action must be manually rescinded.  No CAPI annual redeterminations can occur until after July 1.

CAPI recipients are still required to report changes in circumstances within 10 days.  However, only redeterminations caused by a report that will increase benefits will be processed.  No negative action may be taken against any CAPI recipient, regardless of the reason.

Redeterminations connected with inter-county transfers are temporarily waived.  A redetermination should occur after the governor’s executive order on redeterminations expires.

All current overpayment policies remain in place.  Counties must review waiver requests.

The requirement to apply for SSI as a condition of CAPI eligibility remains in place.  However, counties and CAPI consortia are directed to accept any verbal or written statement by a CAPI applicant that they applied for SSI and are waiting for a decision from the Social Security Administration.  In addition, the immigration status code N13 on the INQX screen in MEDS, when dated in the last six months, is sufficient to show the SSI application and that it was denied solely because of immigration status.

Counties may still send Interim Assistance Reimbursement forms but are not required to do so.

The federal individual stimulus payment will not count as income for CAPI.  Benefits from Pandemic Unemployment Assistance, Pandemic Emergency Unemployment Compensation and Pandemic Unemployment Assistance are also excluded as income because they are benefits related to a major disaster.  However, these benefits are counted as income for purposes of the indigence exception to sponsor deeming.  (ACL 20-46, April 22, 2020.)

COVID-19 IHSS parent providers

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The California Department of Social Services (CDSS) has issued guidance regarding redetermination of eligibility of a parent to be a paid In Home Supportive Services (IHSS) provider for their minor child during COVID-19.  In general, parents are allowed to be paid IHSS providers for their minor children if the parent has left full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and the child is at risk of inappropriate placement or inadequate care unless the parent provides services.  In a two-parent household where one parent is a paid IHSS provider for a minor child, if the second parent loses employment or is no longer attending school or vocational training, the second parent is considered a suitable provider.

Through June 30, 2020, counties cannot reduce IHSS hours for any reason, including that a reassessment results in a parent being found ineligible to be a paid provider.  After June 30, 2020, if the second parent continues to be able and available, they will be considered a suitable provider and the first parent will no longer be eligible to be a paid provider.  If by June 30, 2020, the second parent again becomes unable or unavailable to provide services, the eligibility of the first parent to be a paid provider will not change.

If a reassessment prior to June 30, 2020 determines that parents are no longer eligible to hire a non-parent provider for their minor children, that change cannot occur until after June 30, 2020.  (ACL 20-49, April 23, 2020.)

CalFresh verification requirements and job loss reports

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The California Department of Social Services (CDSS) has issued guidance regarding CalFresh verification requirements and treatment of reports of job loss or zero income at initial application and thereafter.  CDSS has listed 13 categories of information that must be verified.  Not all of those mandatory verifications apply to all households.  The county must only verify information that applies to the household and/or to claim a deduction.  Of the household cannot provide verification to claim a deduction and the household is eligible without the deduction, the county must complete the eligibility determination.  The household may qualify for the deduction later if they provide the verification.

Counties cannot require a specific type of verification even if the information is considered a mandatory.  Verification can be provided by various methods including documentary evidence, electronic verification, collateral contact and client statement.   When certain verification methods are unavailable to the household, the county must use the best available information.

Counties must assist all households in obtaining mandatory verification.  Counties must use existing verification sources when available, and electronic verification when applicable to the household.

Information that is not considered mandatory verification must only be verified is it is questionable.  The county must document in the case record why the information is considered questionable before requesting verification from the household.

At initial application, households must provide verification of income earned over the last 30 days unless the household just started working.  Verification of job loss is not mandatory. When a household member reports to have lost a job, the county must not require verification unless it is questionable.  The client’s statement of recent job loss is sufficient evidence that a household cannot reasonably anticipate income from that job to continue during the certification period.

When a household has zero income at initial appliction, a statement on the application that it has zero income is sufficient evidence that the household cannot reasonably anticipate income during the certification period.  The county must not require verification of zero income unless it is questionable.

When a household member is subject to CalFresh work requirements and the county learns that the applicant voluntarily quit their job within 60 days prior to the date of the application, the county must determine whether there was good cause to quit.  The county must request verification if the information provided is questionable.

When a CalFresh household reports a job loss after initial application, counties must request verification of the decrease in income and the amount of the decrease.  If the job loss caused a decrease in income of $50 or more, the county must verify the household’s new income to determine continuing eligibility.  If the job loss led to zero income, a statement from the household that it has zero income is sufficient unless it is questionable.

For voluntary mid-period reports of a decrease in income of $50 or more, the county must change benefits no later than the month following the month when the decrease was reported.  If the change was reported after the 20th of the month and it is too late to adjust the following month’s benefits, the county shall issue an underpayment by the 10th of the following month.  (ACL 20-48, April 22, 2020.)

COVID-19 Trustline registration period

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The California Department of Social Services (CDSS) has extended the period for TrustLine child care registration to 180 days because of COVID-19.  Effective April 4, 2020, prospective license- exempt child care providers who are required to be TrustLine registered before child care payments can be made to receive retroactive payment for up to 180 days prior to the date of fingerprinting.  (ACWDL, April 23, 2020.)