Administrative Code

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Virginia Administrative Code
Title 13. Housing
Agency 10. Virginia Housing Development Authority
Chapter 70. Rules and Regulations for Section 8 Existing Housing Assistance Payment Program
8/11/2020

13VAC10-70-50. Responsibilities of the Authority and the Administrative Agent.

Under the terms of the ASA, the authority will provide the following services:

1. Train and supervise the administrative agent and provide the administrative agent with current forms, policies, and procedures.

2. Provide information to administrative agents to use in their outreach program to owners and income-eligible individuals and families, and pay for the costs of media advertising within the budgeted amount as approved.

3. Provide final review of and action on requests for lease approval submitted by the administrative agent.

4. Make housing assistance payments to owners and, where required, utility payments to individuals and families.

5. Review and approve claims by owners as submitted by the administrative agent; conduct informal hearings.

6. Administer and enforce HAP contracts with owners.

7. Monitor and enforce compliance with equal opportunity requirements, including the administrative agent's efforts to provide opportunities for individuals and families seeking housing outside areas of economic and racial concentration.

8. Monitor and enforce compliance with HUD's procedures and policies for program administration and fiscal reporting.

9. Process and approve for payment requisitions for reimbursement of preliminary expenses of the program as submitted by the administrative agent; make administrative fee payments to administrative agents.

10. Review the administrative agent's administration of the program, including unit inspections, at regularly scheduled intervals.

Under the terms of the ASA, the administrative agent shall be responsible for implementing and administering the program with its jurisdiction by performing the responsibilities set forth in the ASA, including but not limited to the following:

1. Provide outreach to owners of rental housing units and income-eligible individuals and families to encourage participation by them in the program, including media advertising.

2. Encourage owners to make their rental housing units available by direct contact with landlords or associations.

3. Complete the certifications and recertifications for tenant eligibility, on such form(s) as the authority may require, to determine tenant eligibility.

4. Verify each applicant's income, assets, family composition, medical and other expenses.

5. Calculate the total tenant payment of each eligible individual or family.

6. Maintain a waiting list of eligible individuals and families.

7. Refer individuals and families from the waiting list to vacant moderate rehabilitation units as applicable.

8. Issue certificates of family participation or housing vouchers to eligible individuals and families, as needed, and conduct a briefing for each participant as to the procedures and requirements under the program.

9. Review the leases proposed by owners; determine rent reasonableness; and inspect the rental housing units.

10. Determine the amount of the housing assistance payments and the portion of the rent payable by the tenants.

11. Explain program procedures to owners, including those who have been approached by holders of certificates of family participation or housing vouchers.

12. Complete the necessary paperwork for submission of requests for lease approval to the authority by the required deadline.

13. Reexamine tenant income and redetermine amount of rent at least annually beginning 120 days prior to the anniversary date of each HAP contract.

14. Perform inspections of rental housing units at least annually and as requested by the tenants, owners, or the authority.

15. Inform owners of proper eviction proceedings and complete and submit to the authority the necessary paperwork for processing claims by the owners.

16. Notify tenants and owners of any changes made in the HAP contract pursuant to the terms thereof.

17. Maintain family folders and other documents and records required by the authority to ensure program efficiency and accuracy.

18. Requisition the authority monthly for reimbursement of preliminary expenses, if applicable; review fee income payments received from the authority for any discrepancies; maintain adequate documentation for all program related costs; and maintain a record of advertising expenses.

19. Inventory at least annually all nonexpendable equipment purchased with section 8 preliminary funds.

20. Endeavor to ensure compliance with equal opportunity requirements, including efforts to provide opportunities for individuals and families seeking housing outside areas of economic and racial concentration.

21. Maintain a folder of all outreach efforts including copies of ads run, copies of mass mailings, etc.

22. Advise participating individuals and families of other support services available in the community.

23. Maintain all forms and reports according to the requirements of the Virginia Privacy Protection Act (§ 2.1-377 et seq. of the Code of Virginia).

Statutory Authority

§ 36-55.30:3 of the Code of Virginia.

Historical Notes

Derived from VR400-02-0006 § 5, eff. July 1, 1989; amended, Volume 11, Issue 17, eff. May 1, 1995.

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