BOARD OF COMMISSIONERS MEETING

June 26, 2017 Edgewood Homes 5:30 p.m. AGENDA Conference Room 1. Call of Roll. 2. Approve Minutes of May 22, 2017 Board of Commissioners Meeting. 3. Receive Comments from Tenants and Public. NOTE: The Chair will take tenant and public comment on each agenda item following the staff report on the item. Tenants and public wishing to comment on a topic not included on the agenda may do so at this time. All matters listed below on the Consent Agenda are considered under one motion and will be enacted by one motion. There will be no separate discussion on those items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately.

4. CONSENT AGENDA A. Receive May 2017 Public Housing Financial Report B. Receive May 2017 Clinton Place Financial Report C. Receive May 2017 Section 8 Financial Report

D. Resolution 2017-13: Approve Continuation of the LDCHA as Contract Ad-

ministrator for the Bert Nash Tenant Based Rent Assistance HOME Pro-

gram Grant

5. REGULAR AGENDA

A. Receive Executive Director’s Report B. Resolution 2017-14: Approve Revised “One Strike” Policy C. Approve Draft Public Housing Smoke Free Policy for Distribution for Public Comment

D. Review Amendments to Admin/ACOP and Approve for Distribution for Pub-lic Comment

E. Discuss Operating Reserve Offset Litigation 6. Calendar and Announcements

LDCHA offices will be closed after noon on Friday, June 30 for the staff summer picnic

LDCHA offices will be closed all day Tuesday, July 4th for the Independence Day holiday

7. Adjournment

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MINUTES OF A REGULAR MEETING OF LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY

BOARD OF COMMISSIONERS MEETING May 22, 2017 Clinton Place 5:30 p.m. Meal Site 1. Call of Roll The meeting was called to order by Chair Powers at 5:30 pm. Upon call of roll, the following Commissioners responded present:

Ellen Paulsen Joshua Powers Bronson Star

Commissioner Hack was absent by prior arrangement and Vice Chair Duran was ill and unable to attend. Also present were members of the public Linda Sanders and Gaye Ni-cholson, and LDCHA staff members Beverly Hyatt, Ruth Lichtwardt, and Shannon Oury. 2. Approve Minutes of April 24, 2017 Board of Commissioners Meeting Commissioner Paulsen moved to approve the Minutes as presented. Commissioner Star seconded. The motion passed unanimously. 3. Receive Comments from Tenants and Public Linda Sanders asked if the Minutes were read during the meeting. Executive Director Oury offered Ms. Sanders her copy. Chair Powers explained that the Board reads the Minutes prior to the meeting and Ms. Oury explained that the Board receives all the meeting docu-ments on the Thursday before to the meeting, and that the packet of meeting documents is posted on the LDCHA website for the public to access. The Property Manager of Clinton Place can help residents to access the documents online if they are not computer savvy. 4. CONSENT AGENDA A. Receive April 2017 Public Housing Financial Reports B. Receive April 2017 Clinton Place Financial Reports C. Receive April 2017 Section 8 Program Report D. Cancel the Regular July Board Meeting Linda Sanders asked to have the Section 8 report in the Consent Agenda explained be-cause she had questions about the Section 8 program. She said she had come in under HUD subsidy but that it must not be Section 8 because she is not allowed to transfer. Ex-ecutive Director Oury clarified that the Section 8 report in the Consent Agenda does not pertain to Ms. Sanders’ question but is instead a financial report, and offered to describe the program. Ms. Oury explained that Clinton Place is part of what is called “Project Based” Section 8, in which the subsidy is attached to the building. Residents can move in and out but rent stays affordable because the subsidy stays with the Clinton Place units. When a

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tenant moves out of a unit, the next person to move into that unit receives the subsidy. LDCHA also runs a separate Section 8 voucher program where the subsidy is through a voucher that moves with the tenant, so that the tenant can rent any unit in the private rental market that accepts Section 8. If they decide to move to another place that accepts Section 8 when their lease is up, their subsidy goes with them to the new unit. The Consent Agenda Section 8 financial report is the year-to-date finances of the voucher program. All the re-ports are available on the website and Clinton Place residents can use the computers in the activity room or ask the property manager for a copy. Chair Powers clarified that no items had actually been pulled off of the Consent Agenda. Commissioner Star moved to approve the Consent Agenda as presented. Commissioner Paulsen seconded. The motion passed unanimously.

5. REGULAR AGENDA

A. Executive Director’s Report Executive Director Oury reviewed the measures which had been taken at the last meeting to freeze spending on Section 8 because of the uncertain Congressional budgetary picture. Since then the financial picture has improved since Congress has passed a continuing resolution that continues Section 8 funding at last year’s levels, although LDCHA still does not know what the agency will receive. If the amount is known by the June meeting, then Ms. Oury might ask for the holds and freezes to be lifted at that meeting. Public housing did actually lose funds, with $100 million being cut from the total federal HUD budget. Prorations are being predicted by housing industry groups to be anywhere from 85% to 92%. However, the overall picture for both programs for the next several months is better than staff feared it would be. Ms. Oury presented background on asset management, which was instituted by HUD about ten years ago. It affects only public housing, and LDCHA split its public housing properties into two groupings, or AMPs, as part of the process. However, as an agency with fewer than 400 units LDCHA was allowed to opt out of asset management. Had the LDCHA opted in, each AMP would have been required to be operated as a separate business with com-pletely separate cost centers. The MTW Annual Plan is where LDCHA designates that it is opting out of asset management each year, and the agency plans to do so again this year. There is still no word on the 2017 Capital Fund Grant. The 2015 grant is completely spent and the agency is working out of the 2016 grant. The 2017 grant has been delayed along with everything else by the Congressional budgeting issues. Because salary for one posi-tion comes out of that grant, the agency is hoping the amount will be announced soon. All 732 Section 8 vouchers are issued and some additional ones are “on the street”, or in the hands of people who are looking for a unit to rent. The agency has hired Nickie Daneke as the new Director of Housing Assistance. She will start on June 6, 2017. She was the Director of Stabilization for the local Catholic Charities and for the past year has overseen multiple city and county agencies. She has had experi-ence working with various HUD programs.

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Ms. Oury has been appointed to be one of the six Executive Directors selected to advise HUD Secretary Dr. Ben Carson on the expansion of the MTW program to an additional 100 housing authorities. The advisory group will meet periodically with the Secretary. The first meeting is June 13 in Washington, D.C. The six advisory group members were selected to reflect great diversity within the industry since all sizes of housing authorities will be apply-ing to join MTW. LDCHA is one of the two smallest agencies in the MTW program and will bring that perspective to the expansion process. In 2011 LDCHA applied for and received offline approval and full operating subsidy for non-dwelling special use status for six Edgewood Homes units. This approval expired on June 12, 2014, then upon the LDCHA applying again it was renewed and extended to June of 2017. In April the LDCHA reapplied for a further extension of the special unit status for the six units, and this time the extension was granted indefinitely until their use changes. Ms. Oury gave a brief history of the child care programs which have resided in Units 159 & 160 at Edgewood Homes. There have been 3 providers, who all had the units rent free in exchange for serving a minimum number of children from LDCHA participating households. The current provider is Positive Bright Start. LDCHA has been notified that they plan to lease a different property in the area so the pre-school can be expanded, although the timing is very uncertain. Once the move is imminent, the Board will need to decide if the agency should issue an RFP for a new provider or to convert the units back to dwellings. Staff is contacting several community partners who might be able to use the space for child care services in order to gauge their interest. There was discussion with the Board on the child care services which have been offered and the number of participant children required to be in the child care. Ms. Oury asked the Board to comment on whether they would prefer to have their phone numbers removed from the website. Several Commissioners currently have their phone number listed on the LDCHA website, and each Commissioner’s email also has a link there. Some Commissioners have received very late after-hours calls. Chair Powers pointed out that email would provide a written record of the conversation. Linda Sanders commented that there were people who didn’t have access to email, and Ms. Oury mentioned that there are computers available for use by all LDCHA participants, and staff who could assist them. For general information about the programs, people should not be calling the Commission-ers. There was a brief discussion, with the Commissioners concluding that an email ad-dress on the website by which to contact them was sufficient. This year the Health, Safety and Wellness Committee would like to hold the annual staff picnic at Clinton Lake on Friday, June 30. Previously it has been held on the back patio of the main office. The official picnic will be from 12:00 - 2:00 pm. Ms. Oury requested the Board’s permission to close the offices at 12:00pm and release the staff at 2:00 pm. The idea is that most staff will stay at the lake for the afternoon, but that would not be required. Commissioner Star moved to give permission for the LDCHA offices to close at noon on June 30 and for the staff to be released at 2 pm. Commissioner Paulsen seconded. The motion passed unanimously.

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B. Discuss Preliminary Objectives for the 2018 MTW Annual Plan Executive Director Oury outlined the process for submission of the MTW Annual Plan. Staff held a meeting to discuss what the agency would like to include. The first initiative would be to create the ability to purchase six to ten units near the Bert Nash Center, which will be built by either the County or Bert Nash. Ms. Oury has had conversations with County Ad-ministrator Craig Weinaug and Bert Nash CEO David Johnson about the project, and the feeling is that given the uncertainty of LDCHA’s HUD-held reserve funds, the project should move forward no matter what happens with the proposed Crisis Center. There will always be a need for the units. The exact number will be worked out between the LDCHA and other involved agencies, taking into account both the actual demand and avoiding overcon-centration. Ms. Oury will be looking at some units in Kansas City which were built for the same purpose. There are two possible ways to fund the units that Ms. Oury has found so far. One is through a grant such as HOPE House uses, with Continuum of Care grant funds. However, the recently leaked proposed budget from the administration shows certain grant funds being zeroed out. The other way is to create an MTW activity such as the one being proposed for an alternate Project-Based Voucher program. As an MTW agency, LDCHA can create more PBVs but prefers to use them for special populations such as for the Crisis Center. Some MTW agencies such as Oakland have project-based almost all their vouchers, but that is because the payment standard there cannot cover the very high rents. LDCHA wants to avoid project-basing too many vouchers. The last item that staff proposes for the 2018 Plan is to place Activity 14-1, Biennial HQS Inspections, on hold. Due to problems with the housing software, it is taking much more staff time to track than anticipated, and has never been utilized by many landlords. Rather than cost savings, it is creating extra work. There were a few questions from the Board regarding the software. Ms. Oury asked the Board if they had any comments or further suggestions. There were none.

C. Discuss Recommendations for Appointment to Fill Expiring Commissioner Position

Executive Director Oury reminded the Board that Commissioner Hack’s second term was expiring at the end of June, and that due to term limits she could not serve a third term. Her position is appointed by the County. Ms. Oury reminded the Board that generally the Board has had a banker or someone with financial expertise, which is an important ability due to all the budgets that the Board reviews and approves. She is pleased with the diversity of backgrounds of the current members. Audience member Linda Sanders asked some questions about how the County Commis-sion appoints the Board members that represent the County, and suggested a person as a possible Commissioner, which Ms. Oury took note of to contact. Commissioner Star spoke in favor of someone with a financial background since the Board had previously benefitted from that knowledge in both David Clark and William Fleming. The other Board members

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concurred. Another possible name was offered by a Board member. Ms. Oury said she would contact them and also ask around for suggestions.

D. Discuss Audit Contract Executive Director Oury explained that the LDCHA distributes an RFP for audit services every two years. The last RFP was sent in November of 2015 to eight firms, including some which were recommended by other MTW agencies, and only one, Niewedde & Wiens, re-sponded with a bid. The RFP process for an auditor has been onerous with little return. Ms. Oury has spoken with other MTW agencies and found that it is generally difficult to find an auditor that understands the special provisions of the MTW program, and that many of those firms do not want to take on an agency as small as the LDCHA, which is one of the four smallest in MTW. Furthermore, she found that the price charged by Niewedde & Wiens is very reasonable compared to what some other MTW agencies are paying. The price in the current three-year contract offered is the same as the previous contract. The LDCHA procurement policy allows for noncompetitive bids in circumstances such as this upon ap-proval of the Board. Furthermore, in the time that Niewedde & Wiens has been performing the audits, LDCHA staff has learned much from them which has improved its own internal financial processes and allowed it to perform its business better. Ms. Oury would like the Board’s permission to accept and execute the contract which Niewedde & Wiens has offered for the next three audit years. Commissioner Star moved to accept the contract of Niewedde & Wiens without issuing an RFP. Commissioner Paulsen seconded. The motion passed unanimously.

E. Determine New Parameters of Smoke Free Policy Executive Director Oury expressed regret that Vice Chair Duran was unable to attend this meeting due to illness, as she believed that Ms. Duran has been receiving many direct comments on the policy from Babcock Place residents. Chair Powers said he was surprised that more residents were not in attendance at the meeting since there had been a large turnout at previous meetings which had smoking policies on the agenda. Ms. Oury reviewed that the Board is being required by HUD to adopt a smoke free policy with a new 25-foot perimeter around LDCHA public housing buildings but that other provi-sions of the policy were up to the Board. The new policy could include a 25-foot perimeter at all other LDCHA property and not just public housing, could include electronic cigarettes, or could make all LDCHA property completely smoke free beyond the mandated 25-foot limit. The Board must also choose the date on which to implement the new policy. The policy incorporating the Board’s decisions will be drafted and taken to the Resident Advi-sory Council for comment. There were questions from the Board on electronic cigarettes, and Ms. Oury discussed the ongoing research and possible outcome. She further commented that if the agency had known this was coming it would have drafted its original no-smoking policy differently, as the new HUD mandate is going to require smokers to change their behavior significantly

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from what is currently allowed and staff is projecting it will be extremely difficult for smokers to adhere to. There was discussion among the Board members and questions to Ms. Oury on details of the various options available to include in the new policy. Clinton Place resident Linda Sanders commented that when the current non-smoking policy was implemented, she had spoken out against it because she was a smoker who felt that she should be allowed to smoke in her apartment. However, she said she really should not have been smoking at all and that she has quit. Now her issue is that she can smell the smoke all the way down the hall when the smokers in the smoking hut outside enter the building, and on their clothes, and it makes her want to smoke. She is suffering health issues from smoking and does not want to start again. She would prefer that the LDCHA campuses all be made completely smoke-free. Chair Powers said that the Board could make a motion to create the policy with current staff recommendations, or to make changes to any of it. There was further discussion answering several of Ms. Sanders questions about the properties affected per staff recommendation, which would not include Clinton Place since it is not public housing. Commissioner Star moved to create the smoke free policy provisions per staff recommen-dations: to implement a 25-foot smoke-free perimeter around all buildings on public housing properties and Peterson Acres II, but not other LDCHA properties; to also prohibit the use of electronic cigarettes; and to implement the policy on July 30, 2018. Commissioner Paulsen seconded. The motion passed unanimously.

F. Discuss Use of Reserves for Boiler Upgrade at Babcock Place Executive Director Oury explained that the domestic hot water system at Babcock Place was failing and that the boilers controlling that were currently in the process of being re-placed using capital fund grant funds. However, there are 13 other boilers which provide heating throughout the building and which are 38 years old, having lasted well beyond the 25-year life expectancy they were designed for. Capital fund grants will not cover the $500,000+ cost and staff would like permission to use public housing reserve funds to re-place the boilers before they also experience catastrophic failure. The work would need to be finished before cold weather begins if possible, and the building needs to be switched over to heat. Otherwise it will need to wait until next summer. There were questions from the Board regarding the timing and Ms. Oury explained the process of changing over from cooling to heat. Commissioner Star moved to approve the use of public housing reserve funds to replace the 13 boilers and authorized the Executive Director to solicit bids. Commissioner Paulsen seconded. The motion passed unanimously. 6. Calendar and Announcements Executive Director Oury will be out of the office May 26 and return June 2, and will be out of the office June 12 – 13 for the meeting with HUD Secretary Carson. There was discus-sion about that meeting and the importance of MTW.

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7. Adjournment There being no further items of business, Commissioner Paulsen moved to adjourn. Com-missioner Star seconded. The meeting adjourned at 6:40 pm. _______________________________ ________________________________ Chair Secretary Attest

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 4A: Receive May 2017 Public Housing Financial Reports. CURRENT ISSUE: As of the May reporting period, Public Housing properties are at 42% through the budget year. Operating Income Total operating receipts from all sources show we are running slightly over budget pro-jections at 45%. Tenant Rental Income (3110) shows as running on line budget projections at 42%. Interest income (3610) shows as running 6% over budget projections at 48%. We re-ceived fifteen (15) interest payments on custody investments through May. Recall, Inter-est Income is a projection based on the past fiscal year historical market investment rates. Total Other Income shows as running 22% over budget projections at 64%. Recall, most of this is because of the annual draw totaling $119,613 made from the Capital Fund grants under its Operations budget line. This is a credit to Public Housing Other Income and is for operational reimbursements for the Executive Director, Finance Director, Maintenance Director and Business Office Assist percentage of time worked under those two grants all eligible Operational Fund projected costs in one draw at the beginning of each fiscal year. The amount of subsidy contained in the budget, upon which this report is based, is a projection based on 2016 final eligibility reduced at an 85% proration level. Calendar year 2016 funding eligibility was $863,428 X 85% proration factor = $733,914. Congress passed a budget on May 4, however HUD has not released final proration levels. For initial funding Congress has operated under three (CR ). For the months of January through May, are continuing to receive approximately 85% of their 2017 initial funding eligibility (which is $885,579 X 85%) or $349,380 authorization in LOCCS (for five Again, we expect it will be late summer before HUD an-nounces final Operating Subsidy proration levels. Operating Expenses Total operating expenses from all sources show we are running 6% under budget projec-tions at 36%. Administrative expenses are running 4% under budget projections at 38%. Audit Fees (4171) shows as running over budget projections at 99% throughout the fiscal year. The full FY 2016 audit cost has been expensed (as a onetime payment in May). Membership Dues (4190.12) shows as running over budget projections at 115%.

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

These too are for one time payments made for all CY 2017 memberships. We expect no more activity under Audit Fees (4171) as well as Membership Dues and Fees (4190.12). Other Sundry (4190.18) continues to show as running 11% over budget projections at 53%. Again, staff has identified the cause to be copy overage charges and working on ways to reduce number of copies that are made down. Administrative Contracts (4190.19) shows as running 24% over budget projections at 66%. Recall, this is because of the onetime annual payment to Siemens for the Annual Software Upgrades contract under the Energy Performance Loan Contract. This is also because of the onetime an-nual payment for the unaudited submission of the FY 2016 Financial Data Spreadsheet (FDS). The FDS is an annual submission due to REAC by February 28 of each fiscal year (and is contracted and prepared by our Fee Accountant, Lindsey and Company). We expect the budget line for Administrative Contracts (4190.19) should come in line with budget actual as we continue throughout the fiscal year. Total utilities continue to show as running 3% under budget projections at 39%. Water (4310), Electricity (4320) and Other Utility Expense (4390) all continue to run under budget projections. Gas shows as running over budget projections at 73%. Again, we expect this to be seasonal. Extraordinary Maintenance (4610) shows as running 10% over budget projections at 52%. Again, this is because of the purchase of ice melt at the beginning of the year. In addition, we expect this too will come in line with budget actual as we continue throughout the fiscal year. Operating Surplus/(Deficit) Year-to-date Public Housing shows total operating revenues of $1,023,447 and total op-erating expenses of $721,936 resulting in an operating surplus (provision for current year reserves) of $301,511. Recall, most of the reason we are seeing such a large operating surplus early in the fiscal year is because of the one-time draw made under the Capital Funds Operations line totaling $119,613 credited to Public Housing Other Income. BOARD ACTION: Receive report.

42% of the budget year

42% 42%

48% 39% 43% 42% 25%

100%133%100%

9% 42% 42% 42% 64%

46%

43% 43%

45%

35%

40% 17% 33% 99% 39%

115% 32%

20% 53% 66% 38%

36% 35%

30% 4%

37% 33%

31% 34% 73% 33% 39%

34% 34% 30% 33% 41% 35%

34%

18%

44% 42%( 4%) 39%

36%

52% 1% 11%

36%

101%

101%

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 4B: Receive May 2017 Clinton Place Financial Report CURRENT ISSUE: As of the May reporting period, Clinton Place is at 42% through the budget year. Operating Revenue Total operating receipts from all revenue sources show we are running on line budget projections at 42%. Total Tenant Rent and HUD Subsidy combined shows as running on line budget projec-tions at 42%. Occupancy at the end of May was 98%; budget estimates for 2017 projects a 97% occupancy rate. Operating Expenses Total operating expenses from all sources show as running 9% under budget projections at 33%. Gas (6452) continues to run 10% over budget projections at 52%; again we expect this to be seasonal. Replacement Reserves (6546.2) is running significantly over budget projections at 93%. Recall, most of this is for unforeseen repair work to the recently broken back door at Clinton Place. This also included installation of the Alarm Lock to the door and program-ming 50 key fobs. The cost for all of this work was $2,206 which was not included in the original budget.

show as running 5% over budget projections at 47%. Re-quired risk protection policies in the 2017 budget are based on prior year costs. It also includes any known rate increases or decreases at the time of the policy renewal. Both Workers Compensation and Auto Insurance (05/01/17 to 04/30/18 policy renewal) had a decrease to premium costs. Operating Surplus/(Deficit) As of the May reporting period, Clinton Place shows total revenues of $182,890 and total expenses of $85,198 with an operating surplus of $97,693. BOARD ACTION: Receive Report.

42% of the budget year

42% 42% 47% 43% 10% 42%

11% 33% 38% 26% 0% 35%

100% 33%

26%

32% 37% 52% 32% 35% 23% 25% 33%

8% 93% 17% 43% 47%

39% 39% 39% 43% 39% 12% 33%

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 4C: Receive May 2017 Section 8/VASH Program Report BACKGROUND: The LDCHA Section 8 MTW program consists of 732 Section 8 Tenant Based Rental Assistance (TBRA) units. Congress passed a budget on May 4th (after three continuing resolutions). However, the Section 8 MTW final renewal funding allocation has not yet been determined. We expect it could be early July before we know the final allocation level. In the meantime, HUD 95% interim proration of 2016 funding levels.

is preliminary estimated amount is $4,278,507. The estimated preliminary renewal funding is based on a formula using 2016 (PUC) of $573.99 multiplied by 2016 unit s X 12 months = $5,041,928 further reduced at a proration level of 95% or $4,789,832 less the embedded admin fee of $511,323 or $4,278,507 for CY 2017. Staff will prepare the Section 8 budget revision for Calendar Year 2017 as soon as HUD announces final funding levels. In addition, historically the agency had an embedded admin fee in its HCV block grant. In CY 2016 HUD began to break this out separately. The embedded admin fee in CY 2016 was $538,235. The embedded admin fee for CY 2017 (is based on CY 2016 funding levels or $538,235) further reduced at a 95% proration level or $511,323. This too is a preliminary estimate and will be revised once HUD announces final proration levels for embedded admin fees. Finally, LDCHA has three increments of VASH vouchers known as VASH 1 with 20 units, VASH 2 with 10 units and VASH 3 with 15 units. After the initial year, renewal is based on actual leasing of available vouchers based on Voucher Management Systems (VMS) prior year reported HAP costs. For 2016, this was $220,084. However, for the purpose of the 2017 budget calculation, VASH estimates for CY 2017 are $209,080. Again, this is an early estimate for VASH and too will be a part of the 2017 budget revision. Monthly disbursement of funds is in accordance with cash management procedures. Cash Management disburses funds on a basis of need, as opposed to funding years prior to 2012, disbursed at 1/12 of its annual budget authority renewal allocation. Because of

reserves and hold them at the PHA level. Program Reserves are now held at the HUD level. Section 8 administrative expenses (are run through the Public Housing Program) and reimbursed by the Section 8 program at month end.

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

CURRENT ISSUE: The Section 8 MTW program is at 42% through the budget year with total revenues of $1,892,762 and total operating expenses of $2,141,005 (with any shortfall funding to be made up through the cash management process). Operating Income Total operating revenues are running 4% under budget projections at 38% or $1,892,762. Most of this decrease is in HUD operating subsidy. This is because HUD funding is disbursed monthly in accordance with cash management. This has resulted in the program only receiving a partial month disbursement for January and a full month disbursement for February through May all totaling $1,882,872. Operating Expenses On the expense side, total administrative expenses are running slightly under budget projections at 41% or $295,939. Travel (4150) shows as running 9% over budget projections at 51%. This is because of travel costs to attend the 2017 Annual MTW Conference in Washington, DC in April. Audit Fees (4171) show as running over budget projections at 100% through the budget year. The full FY 2016 audit cost has been expensed (as a onetime payment in May). Membership Dues and Fees (4190.12) also show as running over budget projections at 115%. These too are for one time payments made for all CY 2017 memberships. We expect no more activity under Audit Fees (4171) as well as Membership Dues and Fees (4190.12). Total Housing Assistance Payments (HAP) for both MTW and VASH are running on line budget projections at 42% or $1,770,688. The program has 3,826 Section 8/VASH units under lease as of the last day of May, 2017. This is an aggregate of 727 units under lease for Section 8 MTW and 38 for VASH. The program has spent a total of $46,068 under the approved 2017 MTW LDCHA Vouchers as follows: $5,150 under the Douglas County Re-Entry Program; $28,044 under the Safe Housing Program and $12,874 under the Next Step Program. The program has spent a total of $28,310 under the approved 2017 MTW Continued Activities as follows: $20,060 under the Expanded RSO & Homeownership program (RSE); $3,327 under the Homeless to Housed program (EHC) and $4,923 under the Douglas County Housing Inc (Youth) program (DCHI). These are MTW approved activities charged to the Section 8 MTW Program. Other than the Homeownership down payment match, only salaries are being funded from these activities until the spending freeze is lifted by the Board. Operating Surplus/(Deficit) LDCHA began receiving interim CY 2017 Budget Authority disbursements in February and received a partial disbursement in January. Recall, in CY 2016 HUD began

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

HAP funds). For LDCHA, this amount was approximately $2,454,920 and the transition began with the August 2016 budget authority disbursement. LDCHA was required to spend down agency held historical reserves until it reached this amount of approximately $2.4 million. As of 12/31/16, HUD transitioned back approximately $2,019,448 (in agency held historical reserves) leaving an estimated balance of $435,472 (in historical held reserves to be transitioned back with the upcoming August 2017 Budget Authority HUD disbursement. LDCHA has been disbursed a total of $1,882,872 of estimated CY 2017 Budget Authority (which includes VASH Admin Fees). Based on VMS reporting total expenses (HAP, Administrative, MTW approved LDCHA Vouchers and Activities for CY 2017) equals $2,141,005 leaving a shortfall of $258,133. This has been sent to our Financial Analyst for review and approval. There are several factors continuing to hold payment approval up from HUD. There are as follows: HUD began verification of CY 2016 Cash Management last month. LDCHA just received

reconciliation last week of HUD held reserves and cash balances of the VMS reporting period 04/01/16 12/31/16 (by looking at VMS reported costs in VMS on 01/19/17). This is not the final reconciliation for CY 2016 and our Financial Analyst stated one final reconciliation is expected to be completed early in Calendar Year 2018. HUD is in the process of balancing CY 2016 reserve transition amounts back to HUD (for reserves that were transitioned back in CY 2016 as well as those remaining to be transitioned in CY 2017). The early cash balance reconciliation shows HUD transitioned a total of $2,019,448 (in agency held historical reserves) in CY 2016. This leaves a balance of $435,472 (to be transitioned back in CY 2017) which is expected to take place with the August 2017 HUD disbursement. Finally, HUD requires to report revenue and expense estimates (for the next month following the period ending for any shortfall funding requests). For the June reporting period, revenue and expense estimates show the program will receive approximately $15,190 more in operating income over expenses. As of the May reporting period, the Section 8 MTW/VASH program has earned an estimated total of $2,150,895 in operating income (adjusted for the shortfall funding through May of $258,133). This includes VASH admin fees, interest income, fraud repayments as well as administrative fees on HOME TBRA and HAP Portability. Total expenses show a total of $2,141,005. When looking at this the Section 8 HCV/VASH program has an operating surplus of $9,890. This operating surplus is the current year reserve held at the PHA level. BOARD ACTION: Receive report.

LDCHA SECTION 8 MTW/VASH - MAY 2017 PROGRAM REPORT (42% OF THE BUDGET YEAR)

OPERATING INCOME;

ACCOUNT NAME A/C # CURRENT YEAR-TO-DATE BUDGET BUDGET STATUS % OF BUDGET YEAR

approved 02/27/17

2017 HUD MTW Budget Authority (732 Units) 2210 364,704.00 1,571,089.00 4,278,507.00 2,707,418.00 37%

2017 HUD VASH Budget Authority (45 Units) 2210 21,585.00 86,129.00 209,080.00 122,951.00 41%

2017 HUD MTW Embedded Admin Fees 3112 42,339.00 211,694.00 511,323.00 299,629.00 41%

HUD VASH Admin Fees Earned 3112 1,738.00 13,960.00 9,000.00 -4,960.00 155%

Interest Earned on Operating Reserves 3300 575.29 2,894.23 6,700.00 3,805.77 43%

Fraud Repayments 3300.1 422.00 1,700.95 1,500.00 -200.95 113%

Administrative Fees Earned for Portability 3300.P 0.00 214.60 500.00 285.40 43%

Administrative Fees Earned for HOME TBRA 3300.3 1,200.00 5,080.00 13,480.00 8,400.00 38%

HUD Homeownership Fees 3300.4 0.00 0.00 0.00 0.00 0%

Insurance Dividend Returns 3300.5 0.00 0.00 0.00 0.00 0%

TOTAL OPERATING RECEIPTS 432,563.29 1,892,761.78 5,030,090.00 3,137,328.22 38%

OPERATING EXPENDITURES:

ADMINISTRATIVE EXPENSES

Administrative Salaries 4110 28,350.33 192,116.94 501,130.00 309,013.06 38%

Experience Awards 4110.3 0.00 0.00 1,840.00 1,840.00 0%

CA - Administrative Salaries 4110.75 0.00 0.00 0.00 0.00 0%

Legal Expense 4130 0.00 0.00 500.00 500.00 0%

Training 4140 0.00 1,193.94 2,750.00 1,556.06 43%

Travel 4150 474.55 3,291.33 6,500.00 3,208.67 51%

Accounting Fees 4170 1,062.00 5,211.00 12,240.00 7,029.00 43%

Audit Fees 4171 8,525.00 8,525.00 8,490.00 -35.00 100%

Employee Benefits - Administration 4182 6,456.52 43,471.26 108,450.00 64,978.74 40%

Employee Benefits - Experience Awards 4182.3 0.00 0.00 320.00 320.00 0%

Office Supplies 4190.01 558.80 3,305.91 8,500.00 5,194.09 39%

Publications 4190.11 0.00 0.00 0.00 0.00 0%

Membership Dues & Fees 4190.12 384.40 1,718.11 1,490.00 -228.11 115%

Telephone 4190.13 408.45 1,805.02 4,000.00 2,194.98 45%

Postage and Miscellaneous Sundry 4190.18 2,643.24 8,473.90 17,500.00 9,026.10 48%

Administrative Contracts 4190.19 1,347.67 5,874.59 19,270.00 13,395.41 30%

Maintenance & Operations 4400 0.00 11.56 120.00 108.44 10%

Workers Compensation Insurance 1211 0.00 19,582.92 21,100.00 1,517.08 93%

Administrative Fees Paid for Portability 4590.P 196.41 957.35 3,000.00 2,042.65 32%

Depreciation Expense 4800 0.00 0.00 0.00 0.00 0%

Replacements (Expendable) 7520.93 0.00 0.00 0.00 0.00 0%

Betterments & Additions - Exp Equipment 7540.93 238.56 399.75 13,270.00 12,870.25 3%

TOTAL ADMINISTRATIVE EXPENSES 50,645.93 295,938.58 730,470.00 434,531.42 41%

HOUSING ASSISTANCE PAYMENTS

Housing Assistance Payments (732 Units) 4715 338,808.00 1,675,198.30 3,965,000.00 2,289,801.70 42%

Housing Assistance Payments (45 Units) 4715 18,426.00 95,490.00 225,330.00 129,840.00 42%

TOTAL HOUSING ASSISTANCE PAYMENTS 357,234.00 1,770,688.30 4,190,330.00 2,419,641.70 42%

2017 MTW HUD APPROVED LDCHA VOUCHERS

Douglas County Re-Entry Program DRP 1,484.00 5,150.00 8,000.00 2,850.00 64%

Safe Housing Program DV 4,817.00 28,044.00 51,760.00 23,716.00 54%

Next Step Program NS 3,113.00 12,874.00 28,000.00 15,126.00 46%

TOTAL LDCHA VOUCHERS 9,414.00 46,068.00 87,760.00 41,692.00 52%

2017 MTW HUD APPROVED CONTINUED & NEW ACTIVITIES

Expanded RSO & Homeownership RSE 2,270.00 20,059.99 65,000.00 44,940.01 31%

Homeless To Housed EHC 393.70 3,327.26 5,000.00 1,672.74 67%

Douglas County Housing Inc DCHI 976.57 4,923.00 30,000.00 25,077.00 16%

TOTAL MTW ACTIVITIES 3,640.27 28,310.25 100,000.00 71,689.75 28%

TOTAL ALL EXPENSES 420,934.20 2,141,005.13 5,108,560.00 2,967,554.87

OPERATING SURPLUS/(DEFICIT) 11,629.09 -248,243.35 -78,470.00 169,773.35

TR FR MTW HUD or Agency held Reserves for LDCHA Vouchers 258,133.13 87,760.00

OPERATING SURPLUS/(DEFICIT) 9,889.78 9,290.00

VMS PMC's through April uploaded to VMS on 06/15/17

May VMS uploaded on 06/20/17

January Disbursements (MTW and Vash Admin Fees) were received on 12/31/16

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 4D: Resolution 2017-13 Approve Continuation of LDCHA as Contract Administrator for the Bert Nash HOME Tenant Based Rental

Assistance Program Grant. BACKGROUND: Since 1994, the LDCHA has administered HOME Tenant Based Rental Assistance (TBRA) grants for the Bert Nash Community Mental Health Center’s Community Support Services (CSS) program. These grants are part of the LDCHA Transitional Housing pro-gram. HOME program regulations limit TBRA assistance to 24 months. The Bert Nash CSS program provides case management and other services to persons with severe and persistent mental illness. The tenant can use the rent subsidy for a maximum of 24 months and must be a CSS client in when referred. HOME TBRA tenants can also apply for one-time grants to cover a security deposit and initial utility service deposits. Families or individuals who are eligible for both HOME and other LDCHA programs can have their deposits paid by HOME funds and get on-going rent assistance through General or Senior housing. HOME TBRA tenants are screened for General Housing eligibility after 21 months and if they meet General Housing eligibility criteria are transferred into permanent housing, usu-ally a Section 8 Housing Choice Voucher, at reaching 24 months. In this way the HOME program has been a feeder program for the Section 8 Housing Choice Voucher program, and a way that non-eligible applicants can become eligible. HOME TBRA grants have a 24-month obligation period and an additional 12-month spend down period. Summaries of the HOME TBRA grants the LDCHA has administered for the Bert Nash Center and all HOME TBRA grants are attached. CURRENT ISSUE: The State of Kansas has notified the LDCHA that applications for 2017 HOME funds are due by June 30, 2017. Bert Nash Center staff meets regularly with the LDCHA Director of Housing Assistance to coordinate administration of the HOME grants. Staff from both agencies have determined that current funding will not be sufficient to house all families and individuals currently on the HOME CSS waiting list. There are also families in the Bert Nash CSS program that are in need of housing assistance that have not yet been referred to the waiting list. We anticipated applying for the maximum available but due to recent funding cuts in the HOME program nation-wide, current grantees do not anticipate receiving the full amounts requested. The 2016 HOME CSS grant became available in November 15, 2016 in the amount of $80,000, allowing for the housing of approximately six families. Six households are pres-ently housed from this grant, and two additional households have been offered vouchers. The 2014 and 2015 HOME CSS grants are still in operation. The 2014 grant is anticipated to close in September 2017. There are currently eight households actively housed by the

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

2015 grant funds, with two transfers from 2014. Currently there are eleven households on the HOME CSS waiting list. If awarded, 2017 funds would allow for the housing of the complete waiting list. Demand is understated because referrals slowed down drastically after service providers were informed of present capacity constraints. BOARD ACTION: Review and approve Resolution 2017-13 if appropriate.

State of Kansas HOME TBRA Grants to the LDCHA as Contract Administrator for the Bert Nash Community Mental Health Center

YEAR TBRA GRANT

SUBSIDY AMOUNT ADMIN AMOUNT

ADMIN. % OR ACTUAL

1993 $300,000 $15,000 5% 1997 $225,000 $11,250 5% 1999 $100,000 $5,000 5% 2001 $75,000 $3,750 5% 2002 $100,000 $5,000 5% 2004 $100,000 $5,000 5% 2005 $88,427 $4,421 5% 2006 $100,000 $5,000 5% 2007 $100,333 $5,017 5% 2008 $100,000 $5,000 5% 2009 $100,000 $5,000 5%

2010 $100,000 $5,000 5% 2011 $100,000 $5,000 5% 2012 $111,462 $5,573 5% 2013 $110,000 $5,500 5% 2014 $ 75,000 $5,250 7% 2015 $ 75,000 $5,250 7% 2016 $ 80,000 $5,600 7%

TOTAL $2,040,222 $101,361

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

State HOME TBRA Participation Data:

GRANT YEAR

HOUSEHOLDS SERVED

INDIVIDUALS SERVED

HOMELESS HOUSEHOLDS

HOMELESS INDIVIDUALS

1993 70 107 30 42

1997 41 59 24 34

1999 47 66 28 33

2001 22 23 17 17

2002 20 23 12 15

2004 20 28 9 9

2005 14 16 9 11

2006 9 16 5 11

2007 6 8 5 7

2008 15 16 3 3

2009 11 13 2 2

2010 12 14 1 1

2011 23 29 0 0

2012 18 19 2 2

2013 16 19 0 0

2014 8 9 5 1

2015 8 9 0 0

2016 6 6 2 0

TOTAL 366 480 154 188

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

HOME TBRA GRANT SUMMARY All HOME TBRA grants to the LDCHA

SOURCE City State to LDCHA

State to Bert Nash/LDCHA

YEAR TOTAL STATUS

1992 $ 300,000 $ 300,000 Closed

1993 $ 300,000 $ 300,000 Closed

1995 $ 200,000 $ 200,000 Closed

1996 $ 48,922 $ 48,922 Closed

1997 $ 150,000 $ 225,000 $ 375,000 Closed

1998 $ 150,000 $ 150,000 Closed

1999 $ 150,000 $ 100,000 $ 250,000 Closed

2000 $ 150,000 $ 150,000 Closed

2001 $ 150,000 $ 75,000 $ 225,000 Closed

2002 $ 164,000 $ 100,000 $ 264,000 Closed

2003 $ 290,000 $ 290,000 Closed

2004 $ 225,530 $ 100,000 $ 322,530 Closed

2005 $ 200,000 $ 88,427 $ 288,427 Closed

2006 $ 200,000 $ 100,000 $ 300,000 Closed

2007 $ 218,569 $ 100,333 $ 318,902 Closed

2008 $ 292,610 $ 100,000 $ 392,610 Closed

2009 $ 329,011 $ 100,000 $ 429,011 Closed

2010 $ 300,000 $ 100,000 $ 400,000 Closed

2011 $ 300,000 $ 100,000 $ 400,000 Closed

2012 $ 155,281 $ 111,462 $ 266,743 Closed

2013 $ 176,970 $ 110,000 $ 286,970 Closed

2014 $ 200,304 $ 75,000 $ 275,304 Open

2015 $174,804 $ 75,000 $ 249,804 Open

2016 $300,000 $ 80,000 $ 380,000 Open

TOTAL $ 4,477,079 $ 348,922 $ 2,040,222 $ 6,863,223

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

RESOLUTION 2017-13 June 26, 2017

BE IT RESOLVED that the Board of Commissioners of the Lawrence-Douglas County

Housing Authority (LDCHA) approves Continuation of the LDCHA as Contract Adminis-

trator for the Bert Nash Tenant Based Rent Assistance HOME Program Grant as pre-

sented to the Board of Commissioners this 26th day of June, 2017.

NOW THEREFORE the Board of Commissioners does hereby approve Resolution

2017-13.

Tenant Based Rental Assistance 2017 Application

2017 TBRA Applicants: Beginning with the 2014 funding round, KHRC changed the method of reimbursement for the costs

of administering a TBRA program. Rather than paying admin as a straight percentage of project

funds drawn, grantees are now reimbursed for direct activity fees, such as income certification and

inspections. This change has increased the cap on a grantee’s administration allowance from 5%

to 7%, and, being paid from project funds, reduces the burden on KHRC’s limited administrative

funds. For 2017, TBRA awards will continue to be guaranteed 7% above their grant in administra-

tive funds even if that amount has not been met through direct activity reimbursement. TBRA appli-

cants for 2017 are encouraged to consider adding a deposit assistance component to their pro-

grams, as this activity generates more direct activity costs (certifications and inspections), to help

meet the 7% cap.

Eligible Applicants

HOME Program funds for the Tenant Based Rental Assistance program will be made available

through a competitive application process. Eligible entities are local units of government, public

housing authorities, and non-profit agencies. Applicants must have demonstrated experience man-

aging a tenant based rental assistance program.

1

TENANT BASED RENTAL ASSISTANCE (TBRA)

2017 APPLICATION

AVAILABLE FUNDING: $1,400,000

Applicant/Agency: Bert Nash CMHC/Lawrence-Douglas

County Housing Authority

A. Application Process

1. Submittal Requirements

The Kansas Housing Resources Corporation (KHRC) must receive one original of the application be-

fore 4:00 p.m. on Friday June 30, 2017. An acknowledgment (receipt) will be provided upon request.

Applications submitted via mail or other delivery system should be sent using that company’s return

receipt process, as this will be your notice that the application has been received. Submit the application

package to:

Kansas Housing Resources Corporation

Attn: TBRA Program Manager

611 S. Kansas Avenue, Suite 300

Topeka, Kansas 66603-3803

2. Eligible Applicants

HOME Program funds for the Tenant Based Rental Assistance program will be made available to local

units of government, public housing authorities, and non-profit agencies on a competitive basis. Appli-

cants must have demonstrated experience managing a tenant based rental assistance program.

3. Standard Application Forms

In an effort to provide the required information to the review team, to reduce required paperwork, and to

encourage all eligible applicants to participate, only applications on standard forms will be considered.

A complete set of forms must be submitted.

B. Application Instructions

1. Applications must include the following:

Funding Summary (form provided in Application)

Statement of Assurances and Certifications (form provided in Application)

Narratives – Project Need and Project Impact

Budget Worksheet

Administrative Plan

2. The applicants should review the entire application form and instructions before beginning to prepare

the application. Applicants must submit one original of the application.

3. Only information received by the Kansas Housing Resources Corporation prior to the application dead-

line will be considered in the selection process. Failure to submit required information will be grounds

for rejection of the application.

2

C. Ratings Criteria (750 Points Maximum)

1. Project Need (300 points maximum)

Applicants will receive up to 300 points based on comparison with other TBRA Project Need descrip-

tions according to the following criteria: The application should provide identification and documenta-

tion of how the level of need for the TBRA request was determined by the applicant. Information should

include the number of families on the current waiting list, the number of families currently receiving

assistance, the total population and per capita income of the community, the proposed program tenants

who fall at or below 30% of the median income, the proposed number of homeless, disabled, elderly, or

single parent households, and those paying over 50% of their income for rent.

2. Project Impact (300 points maximum)

Applicants will receive up to 300 points based on comparison with other TBRA Project Impact descrip-

tions according to the following criteria: The applicant must describe how the program design addresses

the identified need, how this program will enhance the community, and how this program will further

the intent of providing housing to very-low income persons. The number of Section 8 or TBRA tenants

from the/a previous year who moved to a Section 8 program or to self-sufficiency should be indicated.

Other measures of success for previous tenants who received rental subsidies but later moved to self-

sufficiency may be indicated. If services are offered in conjunction with rental assistance (e.g., homeless

case management, disability support services, etc.) those services and the populations receiving them

should be described. Note that participation in offered services cannot be a requirement for receiving

TBRA.

3. Capacity (100) Points

Administrative Plans will be evaluated. Areas reviewed will include the minimum requirements for the

Administrative Plan indicated in the KHRC TBRA Policy. Points will be awarded for rental housing ex-

perience, administrative support for previous TBRA grant awards (if applicable), proposed marketing

efforts to the proposed geographical area, and accuracy of reports if previous TBRA grant awards have

been made. Compliance review issues for existing TBRA grantees will be considered.

4. Non-Local HOME Areas (50) Points

Applicants in non- Local HOME Participating Jurisdictions (local PJs) will receive a funding prefer-

ence. Within the HOME Program, the cities of Topeka, Lawrence, Wichita, Kansas City and Johnson

County are considered local PJs. Local PJs receive HUD HOME funding directly. Applicants outside of

these jurisdictions will receive 50 points. (NOTE: Applications serving local HOME PJs are restricted to

serving special populations as identified in the Kansas Consolidated Plan.)

3

TENANT BASED RENTAL ASSISTANCE FUNDING SUMMARY

APPLICANT DATA

Name of Applicant : Bert Nash CMHC/Lawrence-Douglas County Housing Authority

Contact Person: Gallal N. Obeid, Data Analyst

Telephone/Email: Area Code (785) Telephone 830-2243 E-mail gobeid@ldcha.org

Contact Address: 1600 Haskell Avenue

City/Zip Code: Lawrence / 66044

Local government U.S. Congressional District(s)* 3rd

Public Housing Authority (PHA) State Senate District* 19th

Non-Profit State Representative District* 44th

For-profit *Districts for agency city/county location only

TBRA Proposed Activities Total Proposed Households (UNITS)

Rental Subsidies Rental Subsidy 35

Security Deposits Security Deposit Subsidy 35

Utility Deposits* Utility Deposit Subsidy* 35

*Utility Deposit cannot be used as a stand-alone activity. Must be utilized with rental sub-

sidy, security deposit subsidy, or both.

Total funding requested $ 300,000

Has applicant previously been awarded a HOME Grant?

Yes

No

Year 2016 $ 80,000 Year 2015 $75,000 Year 2014 $75,000

Year 2013 $110,000 Year 2012 $111,462 Year 2011 $100,000

FUNDING HISTORY-MOST RECENT TBRA GRANT (IF APPLICABLE)*

Check if not APPLICABLE

data for grant award 2014 (Provide Grant Year)* January 1-December 31 2016 (List Year)* (DATA BELOW FOR

ONE CALENDAR YEAR JANUARY –DECEMBER AND ONE GRANT AWARD ONLY)* *Utilizing 2014 grant for a

full year picture. Numbers for different years are readily available upon request

Total Tenant Households (UNITS) Served to Date from ONE Grant Award FOR ONE Calendar Year (Only) : 8 .

Average TBRA

Rental Subsidy Paid Per Unit

$8128.25

Total Household UNITS

Receiving Rental Subsidies

(Total Number)

8

Average TBRA Security Deposit

Paid Per Unit

$187.5

TOTAL HOUSEHOLD UNITS

Receiving Security Deposit Sub-

sidies

(Total Number)

3 (other grants and/or

years leveraged for ad-

ditional households)

Average TBRA Utility Deposit PAID PER

UNIT

(Provided with Rental Subsidy and/or Security

deposit)

$11.75

TOTAL Household UNITS Re-

ceiving Utility Deposit Subsidies

(Total Number)

1 (other grants and/or

years leveraged for ad-

ditional households)

Project Summary

4

Please provide a brief description of the project. Describe how the proposed project is consistent with the Con-

solidated Plan. (See “Certification of Consistency” or “How to Use the Plan.”)

This project seeks to continue the current program with proven success since its inception in 1994, demonstrat-

ing the effectiveness of a strong partnership between Lawrence-Douglas County Housing Authority (LDCHA)

and Bert Nash Community Mental Health Center. The project provides housing subsidy and supportive ser-

vices to individuals with a severe and persistent mental illness. Security and utility assistance is also provided.

This is a vulnerable population of persons who are typically disabled and needing assistance to live inde-

pendently. These individuals would be homeless, precariously housed or forced to reside in substandard hous-

ing if these funds were not available. Excess funds after commitment to those needing rental subsidy will be

provided on a deposit only basis to any households still within the target population benefiting from a deposit

only model. While in TBRA subsidized housing, the tenant remains on the waiting list for permanent housing

through other LDCHA housing programs. The waiting list for TBRA vouchers remains significant and voucher

dollars are quickly committed, creating a serious lack of subsidy for individuals with a severe and persistent

mental illness. The municipality’s PJ TBRA program is also experiencing need far in excess of capacity. These

individuals who remain homeless or precariously housed have an increased rate of hospitalization and struggle

to stabilize their mental health symptoms without safe, affordable housing options.

Please provide your TBRA Tenant Selection Policy (24 CFR 92.209 (c) that is included in your Administrative

Plan.

“The LDCHA will maintain separate waiting lists for applicants referred through agencies that have contracted

with the LDCHA to administer HOME TBRA grants.”

“After eligibility has been determined, applicant information is entered in to the tenant records system for wait-

ing list placement. When record entry is complete, waiting lists are generated with applicants who are placed

on the waiting lists according to preference points in order of the date and time of application.”

Estimated number of tenant households (total families/units) who will benefit from the proposed 2017 TBRA

Program: 35

Estimated number of persons (including children in households) who will benefit from the proposed 2017 Pro-

gram: 38

2017

Proposed TBRA Targeted Populations

Please indicate the proposed number of participants who you think will fall within the following categories

Category Number Percent to be Served (Percentages

may involve a duplicate count).

Homeless 12 34% Single Parent Households 3 9%

5

Special Populations to be served, if

applicable (Elderly, People with

Mental Illness, SPMI, other specific

disabilities.)

Specific Special Populations to be

Served: Severe and Persistently

Mentally Ill (SPMI)

Numbers of each proposed Specific

Special Population:

35 households

100%

Paying more than 30% for rent 35 100% Paying more than 50% for rent 31 88%

Number of households currently on your waiting list for rental housing subsidy (Section 8)

611 (as of end of 2016)

How many months does your waiting list average? 23 months for Section 8 HCV (2016), 18 months for

HOME TBRA (2016)

List proposed number of tenant households to be served with 2017 grant funding:

Median income to be served: 51%-60% 0 (# of households total)

31%-50% 4 (# of households total)

0%-30% 31 (# of households total)

Census Per Capita Income for proposed county(ies) (refer to www.quickfacts.census.gov)*:

County Douglas________ Per Capita Income $27,611________ Median Income $50,939/Household

County Per Capita Income Median Income

County Per Capita Income Median Income

*If the applicant serves more than three counties list the three most representative counties within the area

served.

Agency administering the grant. Give the experience level of the administrator. HIGH

The Lawrence-Douglas County Housing Authority (LDCHA) will administer the grant. The agency has applied

for and received multiple KHRC HOME TBRA grant, closed and administered many, and is very open to con-

tinued collaboration to improve performance with KHRC. The LDCHA has administered HOME TBRA funds

since the original grant was awarded in 1994 and has almost 50 years of experience providing affordable hous-

ing in Lawrence-Douglas County. Please see Attachment A for a list of contracts under administration.

PROJECT SUMMARY

TBRA HOME Program funds requested (do not include 7% Administrative Fee): $300,000

Maximum amount requested cannot exceed $300,000.

FURTHERING FAIR HOUSING

All applicants who receive a grant award must affirmatively further fair housing. Title VII and Executive Order

11063 requirements apply to all recipients, regardless of community size and/or racial/ethnic characteristics.

The fair housing provisions apply to the community as a whole and pertain to the sale or rent of housing, the

6

financing of housing, and the provision of brokerage services. MEANINGFUL STEPS TO FURTHER FAIR

HOUSING MUST BE TAKEN. Such steps must be documented and will be monitored by the Kansas Housing

Resources Corporation.

LDCHA is firmly committed to furthering Fair Housing. LDCHA is presently collaborating with the City of

Lawrence in creation of the Affirmatively Furthering Fair Housing Assessment plan for HUD submission. In

conjunction with the City of Lawrence, Landlords of Lawrence, and the Human Relations Board, LDCHA

hosted a Fair Housing luncheon April 28, 2016, for staff and community. LDCHA meets and exceeds require-

ments through regular trainings, development, and outreach opportunities. Recent trainings for staff include but

are not limited to presentations by Housing and Credit Counseling Inc., Animals and the Law, Fair Housing,

and Understanding Domestic Violence through the Willow Center. LDCHA also recently cosponsored a com-

munity Fair Housing Month poster contest for area youth.

Marketing Procedures

Describe your Marketing Plan for the proposed geographical area served. Please list all area newspapers, televi-

sion stations, and radio stations in your area where you plan to advertise the availability of the TBRA program.

Marketing efforts must take place in all geographical service areas. Marketing via referrals only, local presenta-

tions, or exclusive use of a waiting list are not considered effective marketing techniques. Press releases must be

provided (possibly e-mailed) to all media within the jurisdiction of the grantee.

Name City

Newspapers Lawrence Journal World, Univer-

sity Daily Kansan

Lawrence

Television Stations

None

Radio Stations

Kansas Public Radio, KJHK,

KLWN, KNBU

Lawrence, Lawrence, Lawrence,

Baldwin

Other Bert Nash CMHC Annual Report,

Bert Nash CMHC Newsletter, Bert

Nash CMHC website, LDCHA

website

Lawrence

OTHER ATTACHMENTS

A detailed project location map must be attached to each application.

Letters of commitment indicating support for the proposed TBRA Program and/or all proposed sources

of non-federal matching/leveraging funds.

TBRA Project Budget Form.

Housing Administrative Plan

Uniform Grant Guidance, 2 CFR 200, Subpart F, may require nonfederal entities to have a single or pro-

gram-specific audit conducted for any year in which the nonfederal entity expends $750,00 or more

combined from all federal sources. Medicare and Medicaid are not considered federal awards. A copy

of the applicant agency’s latest fiscal year’s audit including findings must be included with the TBRA

application.

Check here if audit report is not required due to applicant agency expending less than $750,000 annually

in federal funding.

Applicant:

Bert Nash CMHC/Lawrence-Douglas

County Housing Authority

7

CERTIFICATIONS

The applicant certifies that the information contained in the Application Summary is true and correct and the

appropriate governing body has duly authorized the document. The applicant agrees that, if approved, this, with

the attached Certifications, will become a part of the agreement for activities and services authorized under the

HOME Investment Partnerships Program.

Name: Name:

Title: Title:

Date: Date:

Signature: Signature:

_____________________________________________ ______________________

Signature of Chief Elected Official Date

If the applicant is a non-profit entity and not a local unit of government, the Executive Director and a Board

member must sign the application.

For Bert Nash CMHC:

Name: Dave Johnson Name: Brad Burnside

Title: Executive Director Title: Chair Governing Board Of Directors

Date: Date:

_____________________________________________ ______________________

Signature of Executive Director Date

_____________________________________________ ______________________

Signature of Board Member Date

For LDCHA:

Name: Shannon Oury Name: Joshua Powers

Title: Executive Director Title: Board of Commissioners Chair

Date: Date:

_____________________________________________ ______________________

Signature of Executive Director Date

_____________________________________________ ______________________

Signature of Board Member Date

8

Applicant: Bert Nash CMHC/Lawrence-Douglas

County Housing Authority

TENANT BASED RENTAL ASSISTANCE

BUDGET WORKSHEET

2017 PROPOSED BUDGET

FOR ESTIMATED PROGRAM HOUSEHOLDS Number of Bedrooms

1 2 3 4 5+

(1) Estimated Housing Cost (equals HUD FMR

payment standard for county served. If more than

one county is served use the FMR for one county

in your jurisdiction)

FMR

704

FMR

930

FMR

1353

FMR

1638

FMR

2129

(2) Average Monthly Adjusted Income x 0.30 420 450 550 NA NA

(3) Est. Monthly Subsidy Cost [(1) minus (2)] 284 480 803 NA NA

(4) Enter number of months (24 months) 24 24 24 NA NA

(5) Total Per Household Cost [(3) x (4)] 6816 11520 19272 NA NA

(6) Enter estimated number of families (house-

holds) to be assisted 30 4 1 NA NA

(7) Basic Cost by BR Size [(5) x (6)] 204480 46080 19272 NA NA

(8) Per Household Security Deposit Cost 700 800 900 NA NA

(9) Estimated Number of Security Deposit House-

holds 30 4 1 NA NA

(10) Total Estimated Per Household Security De-

posit cost [(8) x (9)] 21000 3200 900 NA NA

(11) Per Household Utility Deposit Cost 150 150 150 NA NA

(12) Estimated Number of Utility Deposit House-

holds (utility deposits must be provided with ei-

ther rental subsidies or security deposits. They are

not a “stand alone” activity)

30 4 1 NA NA

(13) Total Utility Deposit Costs [(11) x (12)] 4500 600 150 NA NA

(14) Total Security and Utility Deposit Costs [(10)

+ (13)] 25500 3800 1050 NA NA

(15) Total Cost by BR Size [(7) + (14)] 229980 49880 20322 NA NA

(16) Total Estimated Cost (Add all costs in Row (14) Do not include 7% Administrative Fee

Provided by KHRC 300182

9

Applicant: Bert Nash CMHC/Lawrence-Douglas

County Housing Authority

TENANT BASED RENTAL ASSISTANCE

PROJECT NARRATIVES

The following describes the criteria and information for an applicant to apply for 2017 HOME TBRA funds. All

applicants shall complete the HOME Funding Summary. The remainder of the application shall consist of four

sections: (1) Project Need, (2) Project Impact, (3) Capacity, (4) Map/description of geographical jurisdiction

served. Narratives for these sections shall be typed on standard letter-sized paper with appropriate headings and

subcategories.

1. Project Need – Applicants must identify and document the need in the community or jurisdiction for

TBRA. Information in the narrative should include the following:

a. Per capita income from the U.S. census for the city/county jurisdiction served. Reference:

www.quickfacts.census.gov.

Douglas County per capita income was $27,611 in past 12 months (in 2015 dollars), 2011-2015

as of June 1, 2017, per the above referenced source.

b. Number of families on the current waiting list for housing assistance in the community and the

approximate amount of time a family waits on the list to be assisted.

Bert Nash CMHC continues to make referrals to the HOME/TBRA program. As of June 20,

2017, 11 households remain on the waiting list for HOME/TBRA SPMI-specific housing. Ad-

ditionally, 9 referrals have been made during the past two months to reach grant request capacity

as soon as continued funding awards were announced. Over 600 area households are waiting for

housing across all LDCHA programs. Families historically wait up to 18 months or longer to

obtain a Housing Choice Voucher in Douglas County, but HOME TBRA families move much

quicker, averaging 13 months from application to stable housing in 2015; HOME TBRA families

could move even faster should additional HOME TBRA funding be made available to Bert Nash

CMHC/LDCHA in 2017.

While waiting to obtain housing, those severely and persistently mentally ill individuals fre-

quently experience homelessness, problematic housing situations including living doubled-up,

staying at the homeless shelter and limited financial resources. Without full funding Bert Nash

CMHC/LDCHA will be unable to serve those on the current waiting list or any new applicants

who would be referred to the HOME TBRA program. This creates a housing crisis for

CSS/SPMI consumers. There are limited supportive housing options in Douglas County, with

only 8 beds available for up to 90 days and they are restricted to chronically homeless individu-

als who have been recently hospitalized, in jail or receiving substance use treatment. Shelter

beds are also limited and are not designed to address the needs of the SPMI homeless population.

The State has decreased the amount of time individuals can receive benefits while awaiting disa-

bility. The time limit reduction continues to impact Douglas County residents. Without addi-

tional TBRA funds, the waiting lists for housing will grow, and homelessness among SPMI indi-

viduals will increase along with increased hospitalizations. Substance use and incarceration

among homeless SPMI individuals will increase as well. There is significant need for TBRA

funds to assist the SPMI population in Douglas County. Many of the CSS consumers

10

are not eligible for the General Housing waiting list due to an inability to meet the tenant suita-

bility criteria that includes several years of good rental history. These individuals can only be

served through the HOME program, which does not take poor rental history into account and al-

lows them to receive rental subsidy while participating in the CSS program. The CSS program

provides additional community support services including resource acquisition and mitigation for

credit issues. This program provides intensive, community-based support services from Bert

Nash CMHC. Without this much needed subsidy, these consumers become at risk of becoming

homeless due to their inability to pay full fair value market rent.

c. Tenant data-Number of families to be served who are below 50% of the area Median Income,

homeless or rent burdened (paying more than 50% of their income for rent or paying more than

30% of their income for rent).

The entire population served by TBRA is projected at either below 50% of Area Median Income

or rent burdened. This aligns with historic TBRA population data from Bert Nash/LDCHA’s

years of TBRA administration. Approximately 35% are chronically homeless or homeless at the

time of admission. It is estimated that more than 85% of households to be served by

HOME/TBRA vouchers will be below 30% of Area Median Income.

According to the U.S. Census Bureau, Lawrence/Douglas residents have a lower-than-average

per capita income as compared to other Kansas communities. While the per capita personal in-

come in Kansas 2011-2015 was $27,600, the per capita personal income for a Lawrence/Douglas

County resident was $26,500. During the same period, 19.4% of persons in Lawrence/Douglas

County were living below poverty level compared to 13% statewide. In addition in 2009, State

Medicaid funding was cut to a lifetime limit of 12 months, has a lower income limit, work re-

quirements and time constraints have been initiated for Food Stamps, and General Assistance has

been discontinued for single adults.

d. Description of any special population needs within the geographic area (elderly, disabled, handi-

capped, etc.)

The Bert Nash Community Mental Health Center (CMHC) is applying for TBRA funds to assist

individuals who experience a Severe and Persistent Mental Illness (SPMI), focusing the re-

sources initially on those individuals who are homeless and primarily those who experience

chronic homelessness. Currently, the Bert Nash CMHC, Community Support Services (CSS)

Program is serving 405 Severe and Persistently Mentally Ill (SPMI) adults with 35% at any

given time homeless or at high risk of homelessness or precariously housed. This special popula-

tion presents unique challenges. While possessing the desire to live independently, these adults

have few skills or experience to prepare them for the responsibilities of maintaining their own

living environment such as an apartment. In addition to limited skills, these adults have little or

no rental history or a poor rental history and limited income, creating a barrier for them to obtain

safe, affordable housing of their choice. Participants would be individuals with a Severe and Per-

sistent Mental Illness who are currently receiving or applying to receive a form of service

through the Bert Nash CMHC such as case management, family support services, individual

therapy, group therapy, crisis intervention, independent living skills education and support, med-

ication evaluation and monitoring and psychosocial groups that enhance housing, socialization,

education, and employment skill development and maintenance support. The project seeks to

assist individuals and families in Douglas County. Tenants may reside in the City of Lawrence,

Baldwin City, Eudora, Pleasant Grove, Vinland, Lone Star, Clinton, Stull, Lecompton, Big

Springs or Worden. Tenants are given the opportunity to live in all sectors of the community.

11

e. Number and percentage of homeless and single-parent households in applicant’s service area.

The Continuum of Care point-in-time count in 2017 indicated there were approximately 319

homeless individuals in the Lawrence/Douglas County area, an increase of 7% from the 2015

count. The current count shows 204 adults and 115 children identified as literally homeless with

no permanent residence (those living in emergency shelter, transitional housing, or in places not

meant for human habitation such as cars or on the streets). Of the 204 adults, 69 (34%) meet the

definition of chronically homeless (having been homeless for one year or more, or having had

four or more instances of homelessness in the past three years and having a disabling condition).

In 2015 the percentage of adults reporting having a severe mental illness rose to 44%. In 2016

the percentage of adults reporting having a severe mental illness was 34% and 23% this year.

The count is a “snapshot” of the homeless population and may not be representative of the entire

homeless population in Lawrence or Douglas County community.

Hospital discharges from Osawatomie State Hospital and other area psychiatric inpatient facili-

ties to the Lawrence/Douglas County community in 2016 included 133 individuals identified as

homeless out of a total of 665 discharged or 20%, compared to 80 in 2014, an increase of 66%

who were literally homeless, went to the local homeless shelter or entered into transitional hous-

ing.

f. Description of any other rental subsidy program(s) operating in the service area.

There are approximately 1500 subsidized units in Douglas County. The Lawrence-Douglas

Housing Authority administers just under 1300 units through its General Housing and Senior

Housing (the combination of project-based housing formerly known as Public Housing and ten-

ant-based assistance formerly known as Housing Choice Voucher Section 8), Transitional Hous-

ing, and Supportive Housing programs. A list of contracts administered by the LDCHA is at-

tached. Federally funded private development and not-for-profit units account for the remainder

of the subsidized units.

2. Project Impact – Applicants must describe how TBRA addresses the needs described in the Project Need

narrative. Information should include:

a. The number of households (families) and total number of individuals including children as well

as a list of specific counties that will receive the proposed assistance.

35 households comprised of 38 individuals. Douglas County.

Based on current evaluations, it is believed that 35 households or 38 individuals would be served

at one point in time through KHRC’s TBRA program, if the project is fully funded. Since our

initial funding in 1994, HOME TBRA has served an average of 35 families comprised of 80 in-

dividuals per year across all HOME TBRA programs.

Currently, Bert Nash consumers utilize TBRA/HOME vouchers in the community. The Bert

Nash Center has diligently worked to develop relationships with private landlords as well as vari-

ous management companies to provide housing opportunities in the community for individuals

who experience severe and persistent mental illness as well as multiple experiences with home-

lessness. These individuals initially obtained housing despite problematic rental histories with

the use of HOME/TBRA vouchers and can or have been transferred to available Section 8 Hous-

ing Choice Voucher subsidy for which they would not have been eligible. Full funding of this

request would provide subsidy for all of the consumers who are currently on the waiting list to be

12

served and most of those who will be applying throughout the remainder of the year. Without

full funding there will be a significant housing crisis for the Bert Nash CSS population. If

funded LDCHA would provide renter education and the Bert Nash CMHC would provide sup-

port services to eligible individuals, including case management, crisis intervention, job training,

peer support and medication management, as well as other services identified to meet individual-

ized needs. Bert Nash CMHC has had tremendous success supporting individuals in the commu-

nity who utilize a HOME subsidy.

Adults who experience severe and persistent mental illness and have experienced multiple epi-

sodes of homelessness, present a unique housing challenge, as they are still in need of support

and oversight while desiring freedom and independence. The goal for this grant request would

be to provide this fragile population with vouchers for transitional housing in the community

with wrap around services designed to provide the needed support and oversight while fostering

independence, increasing skill level, and improving their sense of responsibility. This special-

ized transitional housing would allow these adults time and opportunity to develop necessary life

skills, and improve their ability to maintain safe affordable housing of their choice while devel-

oping a good rental history. Bert Nash CMHC staff would be available traditional weekday hours

as well as nights and weekends to provide support, education, advocacy, and hands on assistance

with any issues that arise.

b. Timeline describing the initial distribution of assistance to the final commitment of funds during

the proposed three-year grant award funding.

The LDCHA maintains a waiting list of clients who have been referred for housing assistance

and determined to be eligible. There are currently 11 households on the LDCHA waiting lists in

Bert Nash Community Support Services. Within 10 days of grant award notification applicants

on the waiting list will be offered assistance. Briefings will be conducted in compliance with the

LDCHA Administrative Plan. It is anticipated that 11 households from the waiting list plus an

additional 10 households that Bert Nash will recruit will be leased within 120 days of the start

date. Within 360 days of the start date, the hope would be to have all 35 projected households

housed with the initial funding distribution. This would allow for a full spenddown within the

three-year cycle assuming no more than a 24-month participation from any family.

Applications will continue to be taken and eligible applicants placed on the waiting list. Many

households have been pre-identified but not yet referred by the CMHC due to current funding

obligations being maxed out. Since 1994 there has been an average of over 50 applications sub-

mitted per year from Bert Nash/CSS clients. Of those referred in the past 3 years, 16 households

were homeless at referral. HOME funds that become available due to transfer to available Sec-

tion 8 Housing Choice Voucher funding or as a result of tenants leaving the HOME program will

be reissued to households on the waiting list. Any funds still existing upon full obligation of

rental subsidy will be obligated on a deposit only basis to residual waiting households.

c. Description of the plan for continued assistance for families after the end of the program (Section

8, self-sufficiency, etc.)

Every person who receives HOME TBRA and is found eligible is placed on the waiting list for

General Housing Assistance. Since 2000, LDCHA has graduated 375 participants of its HOME

TBRA housing programs. Well over a decade since this inception, approximately one third of

these participants are currently active and receive ongoing permanent housing assistance through

LDCHA. Between 2000 and 2015, approximately two thirds of all families housed through

13

HOME TBRA funds had been given permanent housing assistance, most often a Section 8 Hous-

ing Choice Voucher, at the end of 24 months. Looking at 2016, 16 households completed the

Bert Nash/CSS program through LDCHA and were transitioned to Section 8 Vouchers. Alt-

hough housing permanency with LDCHA is an option for those participants who need it, sup-

portive services through LDCHA’s Residence Services program include educational and em-

ployment aid that bolster participant success for those who wish to live independent of federal

housing assistance long-term. Some households even choose to participate in an LDCHA Home

Ownership Program, with 10 LDCHA families purchasing homes in 2015 and 2 in 2016. Perma-

nent vouchers also carry with them the possibility of porting to other Housing Authority jurisdic-

tions.

d. List impact (self-sufficiency) in terms of tenants who have moved in a previous year from the

TBRA program to Section 8 or who no longer qualify for assistance due to an increase in income

level.

The LDCHA closely monitors the HOME/TBRA program, graduating tenants to Section 8 Hous-

ing Choice Vouchers as appropriate in a timely fashion. The population served by this grant

rarely has increases in income that disqualify households for ongoing assistance. In the LDCHA

voucher program, relatively few of the 797 total program vouchers became vacant during 2016;

about 62% (43 out of 69) left the program in favorable standing with the remaining broken down

as follows: 8 vacancies resulted from death of the participant, 4 due to abandonment, 11 for

other lease violations, and 3 for other unfavorable reasons.

e. Description of other methods to be used to measure the success of the program.

LDCHA staff work very closely with the Bert Nash Residential Coordinator and other Bert Nash

CMHC staff. Weekly meetings, regular telephone conversations, and case managers direct inter-

actions with clients, and the LDCHA office supports this strong relationship.

Bert Nash CMHC staff interactions with private landlords and LDCHA staff have greatly in-

creased communication and cooperation between all those who are working to provide safe, ade-

quate housing for the clients. The Bert Nash staff has observed a significant increase in consum-

ers who have obtained housing utilizing TBRA and maintained housing after transitioning to per-

manent Section 8 Housing Choice vouchers.

3. Capacity

a. Administrative Plan –The Plan must be attached and must meet minimum standards established

in the KHRC TBRA Policy.

Please see attachment C of the LDCHA Administrative Plan for provisions of administration of

Bert Nash CSS HOME TBRA program. Unless otherwise specified, LDCHA strives to maintain

policy consistency between all programs, including Public Housing, Section 8 Housing Choice

Voucher, and TBRA.

b. Rental Housing Capacity- The agency must have administrative support for the program, a his-

tory of rental housing administration and a proposed marketing plan that covers the geographical

jurisdiction and is not limited to agency referrals, local presentations, etc. If applicant is a previ-

ous TBRA grantee, compliance issues and attempts to resolve issues should be described.

14

In continuous operation since 1968, LDCHA currently administers four federal housing assis-

tance contracts and four HOME tenant based rental assistance contracts providing a total of 1241

households with housing assistance in the City of Lawrence and Douglas County, Kansas. The

LDCHA administers contracts providing 838 assisted housing units with a full-time department

staff of six, and has maintained no less than a 96% or greater occupancy rate since 1988, and had

a 99% occupancy rate in 2016.

There have been no Fair Housing and Equal Opportunity findings against the LDCHA and there

are no open management or fiscal audit findings. HUD management and annual financial audits

reveal that Section 8 and HOME TBRA HAP computations are in compliance with regulation.

The LDCHA has received Outstanding Performer status on its Public Housing Management and

Performance reviews since 1993. LDCHA has also been designated a High Performing housing

authority by HUD.

Since 1992 the LDCHA has worked closely with the Bert Nash Community Mental Health Cen-

ter to increase housing opportunities for persons with recurring mental illness. In 1994 the

LDCHA undertook administration of HOME tenant based rental assistance coupons for clients in

the Bert Nash Community Support Service (CSS) program. This program has provided transi-

tional housing and housing self-sufficiency support to 363 families. Of those served, 148 were

homeless families.

4. Non-Local HOME Area

a. A map of the jurisdiction served must be provided.

See Attachment B

b. Applicants serving areas outside Local HOME Participating Jurisdictions (local PJs) will receive

a funding preference. The cities of Topeka, Lawrence, Wichita, and Kansas City, and Johnson

County are considered local PJs. Applicants outside of these jurisdictions will receive 50 points.

(NOTE: Applications serving local PJs are restricted to serving special populations, as identified

in the Kansas Consolidated Plan.)

This grant will serve families who are experiencing severe and persistent mental illness (SPMI),

in all of Douglas County, which includes Eudora, Baldwin City and Lecompton in addition to the

city of Lawrence.

15

Statement of Assurances & Certifications

The grantee hereby assures and certifies with respect to the grant that:

1. It possesses legal authority to make application and to execute a housing program.

2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the

person identified as the official representative of the grantee to submit the final statement, all understandings and as-

surances contained therein, and directing and authorizing the person identified as the official representative of the

grantee to act in connection with the submission of the final statement, and to provide such additional information as

may be required.

3. That prior to submission of its application to the Kansas Housing Resources Corporation (KHRC), the grantee has met

the citizen participation requirements, prepared its application and projected use of funds, and made the application

available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as

amended, and implemented at 24 CFR 570.486.

4. It has developed its final statement (application) of projected use of funds so as to give maximum feasible priority to

activities that benefit low-income families.

5. Its chief executive officer or other officer of the grantee approved by the KHRC:

a. Consents to assume the status of a responsible federal official under the National Environmental Policy Act of

1969 and other provisions of federal law as specified in 24 CFR 58.1(a); and

b. Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the federal

courts for the purpose of enforcement of his/her responsibilities as such an official.

6. The loan will be conducted and administered in compliance with:

a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and implementing regulations issued at 24 CFR Part I;

b. Fair Housing Amendments Act of 1988, as amended, administering all programs and activities relating to housing

and community development in a manner to affirmatively further fair housing; and will take action to affirma-

tively further fair housing in the sale or rental of housing, the financing of housing, and the provisions of broker-

age service. Title VII and Executive Order 11063 requirements apply to all recipients, regardless of community

size and/or racial/ethnic characteristics. The fair housing provisions apply to the community as a whole and per-

tain to the sale or rent of housing, the financing of housing, and the provision of brokerage services. MEANING-

FUL STEPS TO FURTHER FAIR HOUSING MUST BE TAKEN. Such steps must be documented and will be

monitored by the Kansas Housing Resources Corporation;

c. Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued

pursuant thereto (24 CFR Section 570.602);

d. Section 3 of the Housing and Urban Development Act of 1968, as amended, and implementing regulations at 24

CFR Part 135;

e. Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued

at 41 CFR Chapter 60;

f. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part

107;

g. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when

published for effect;

16

h. The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135), and implementing regulations when pub-

lished for effect;

i. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970, as amended and the implementing regulations at

24 CFR 570.488;

j. Anti-displacement and relocations plan requirement of Section 104(d) of Title I, Housing and Community Devel-

opment Act of 1974, as amended;

k. Relocation payment requirements of Section 105(a)(11) of Title I, Housing and Community Development Act of

1974, as amended;

l. The labor standards requirements as set forth in 24 CFR 92.354 and HUD regulations issued to implement such

requirements;

m. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the pre-

vention, control, and abatement of water pollution;

n. The regulations, policies, guidelines, and requirements of 2 CFR 200 as it relates to the acceptance and use of

federal funds under this federally assisted program; and

o. The American Disabilities Act (ADA) (P.L. 101-336: 42 U.S.C. 12101) provides disabled people access to em-

ployment, public accommodations, public services, transportation and telecommunications.

7. The conflict of interest provisions of 24 CFR 92.356 apply to any person who is an employee, agent, consultant, of-

ficer, or elected official or appointed official of the state, or of a unit of general local government, or of any desig-

nated public agencies, or sub recipients which are receiving funds. None of these persons may obtain a financial in-

terest or benefit from the activity, or have an interest or benefit from the activity, or have an interest in any contract,

subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom

they have family or business ties, during their tenure or for one year thereafter, and that it shall incorporate or cause to

be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of

this certification.

8. It will comply with the provisions of the Hatch Act that limits the political activity of employees.

9. It will give the state, HUD, and the Comptroller General or any authorized representative access to and the right to

examine all records, books, papers, or documents related to the grant.

10. It will comply with the lead paint requirements of 24 CFR Part 35.

11. The local government will not attempt to recover any capital costs of public improvements assisted in whole or in part

with HOME funds by assessing properties owned and occupied by low and moderate income persons unless:

a. HOME funds are used to pay the proportion of such assessment that related to non-HOME funding, or

b. The local government certifies to the state that for the purposes of assessing properties owned and occupied by

low and moderate income persons who are not very low income that the local government does not have suffi-

cient HOME funds to comply with the provision of a. above.

12. It accepts the terms, conditions, selection criteria, and procedures established by this program description and that it

waives any right it may have to challenge the legitimacy and the propriety of these terms, conditions, criteria, and pro-

cedures in the event that its application is not selected for HOME funding.

17

13. It will comply with the regulations, policies, guidelines, and requirements with respect to the acceptance and use of

federal funds for this federally assisted program.

14. It will comply with all parts of Title I of the Housing and Community Development Act of 1974, as amended, which

have not been cited previously, as well as with other applicable laws.

The grantee hereby certifies it will comply with the above stated assurances.

For Bert Nash CMHC:

Signature, (Authorized local elected official if grantee is a governmental entity, or authorized Executive Director if grantee is a non-profit agency).

David Johnson

Name (typed or printed)

Executive Director

Title

Bert Nash CMHC Applicant Agency/Housing Authority

Date

For LDCHA:

Signature, (Authorized local elected official if grantee is a governmental entity, or authorized Executive Director if grantee is a non-profit agency).

Shannon Oury

Name (typed or printed)

Executive Director

Title

LDCHA Applicant Agency/Housing Authority

Date

Attachment A: LDCHA Contract Under Administration as of May 2017

18

PROJECT BASED – PUBLIC HOUSING PROGRAMS

The Lawrence-Douglas County Housing Authority has developed and administered housing units for

low-income families and elderly individuals since 1968.

Project Date Project Name # Units

1972 Edgewood Homes – General Housing Assistance 124

1973 Babcock Place – Senior Housing 120

1982 Scattered Site 20

1983 Scattered Site 26

1987 Scattered Site 23

1989 Scattered Site 25

1994 Scattered Site – Senior Housing 25

TOTAL PROJECT BASED PUBLIC HOUSING UNITS 363

LAWRENCE TENANT BASED – SECTION 8 Housing Choice Voucher

The Lawrence-Douglas County Housing Authority has administered tenant-based Section 8 contracts

since 1977.

Project Date Project Name # Units

1999 Moving To Work Demonstration Vouchers 592

2011 Conversion Vouchers - Pine Tree Townhomes 140

2013 Veteran’s Assisted Housing Vouchers (VASH) 20

2014 Veteran’s Assisted Housing Vouchers (VASH) 10

2015 Veteran’s Assisted Housing Vouchers (VASH) 15

TOTAL TENANT BASED SECTION 8 UNITS 777

Section 8 New Construction

Project Date Project Name # Units

2006 Clinton Place Apartments 58

2011 Building Independence (Administered for Bert Nash

CMHC)

4

HOME TENANT-BASED RENTAL ASSISTANCE PROGRAM

The Lawrence-Douglas County Housing Authority has administered HOME Tenant-Based Rental Assis-

tance grants since 1993.

Project Date Project Name Funding

2012 Bert Nash Mental Health CSS $ 111,492

2012 City of Lawrence $155,281

2013 Bert Nash Mental Health CSS $ 110,000

2013 City of Lawrence $176,970

2014 Bert Nash Mental Health CSS $75,000

2014 City of Lawrence $ 200,000

2015 Bert Nash Mental Health CSS $75,000

2015 City of Lawrence $174,804

2016 Bert Nash Mental Health CSS $80,000

2016 City of Lawrence $300,000

TOTAL HOME TBRA FUNDING $1,458,547

Note: All of each annual allocation of City of Lawrence HOME TBRA funding is dedicated to transi-

tional housing programs for homeless persons.

19

SUPPORTED HOUSING PROGRAM

Permanent supported housing for homeless individuals with mental illness and substance disorders.

Project Date Project Name Funding

2014 Hope Building $ 95,542

20

Attachment B: Detailed Project Location Map

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 5A

Executive Director’s Report Funding The LDCHA still has not received its final funding award for either Public Housing or Sec-tion 8. Staff expects to receive that sometime in July. Once it is received and a financial analysis completed, staff will bring the MTW activity and salary freeze back to the Board with recommendations. Housing Choice Voucher Reserve Transition to HUD-held Reserves Attached is a 2016 HCV Reserve transition reconciliation but staff has been informed that this is not the final reconciliation. It shows that in 2016 HUD transitioned $2,019,448 in LDCHA MTW reserve funds to HUD-held reserves. This was accomplished by reducing Housing Assistance Payment (HAP) disbursements to LDCHA between August and De-cember of 2016. HUD is stating that there is still $435,472 that needs to be transitioned. Staff does not agree with HUD’s number and we are working with our Financial Analyst to get the discrepancy resolved. In 2017 HUD withheld $209,519 from the January HAP and so far HUD is not recognizing that as part of the transition. Right now we are being told that LDCHA will not receive our August HAP in order to complete the reserve transfer. LDCHA received the full HAP payment from February to June. What we do not know is if there will be additional re-quests for a declaration of LDCHA reserve accounts and future transitions. Staff will work with HUD to get a final accounting that reflects accurate amounts that have been withheld. HUD is maintaining that the MTW funds are “still your money” and “will be available … for current and future MTW-eligible non-HAP and HAP expenses.” MTW On Site Visit & Baseline A representative from the HUD MTW Office is scheduled for an on-site visit on August 9. Additionally, LDCHA’s local HUD contact will most likely attended the meeting. Generally, these meeting are used to discuss our MTW plans and reports and our compliance with the statutory requirements to serve substantially the same number of participants, to maintain a comparable mix of families and to ensure that at least 75% of families assisted are very low income (at or below 50% of AMI). Recently the HUD MTW office sent a draft of the MTW Families Served Baseline for CY 2014, 2015, and 2016. Staff had the opportunity to review that document and submit changes. There were several areas that the numbers did not reflect the LDCHA’s actual families served and that information was provided to HUD. The revised Baseline is at-tached and shows that LDCHA is compliant and serving significantly more families than when it instituted the MTW program. Recommendation for New Board Member Staff brings the recommendation of Jamie Davison to the Board to fill the Sue Hack’s seat. She is a Treasury Relationship Manager with INTRUST Bank, and has been with

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

INTRUST for close to 15 years. She is a volunteering with Jr. Achievement, Relay for

Life, Loving Paws and is a graduate of Leadership Lawrence class of 2015. The Board

needs to advise whether to submit this recommendation to the County. 2018 MTW Plan Update The Resident Advisory Council met on June 15 to discuss the proposed initiatives and expenditures discussed with the Board at the May meeting. The RAC recommended approval of the proposed initiatives for 2018 MTW Plan to the Board. The public hearing for the 2018 MTW Plan and amendments to the Combined Admin/ACOP is scheduled for August 31. A final version of all the documents with a report on any comments received will brought back to the Board for final approval at the September meeting. Management Review for Hope House and the State Home Grant A HUD Management Review is scheduled for the 2016-2017 COC Permanent Supportive Housing grant for the Hope House on June 28-30 at the LDCHA office. A list of documents has been provided and staff is preparing for this review. Additionally, the LDCHA has been notified that a KHRC Management Review will be scheduled in July for the State HOME grants. The reports from both of these reviews will be provided to the Board once received. Capital Federal Grant for “Hungry for Homeownership” Program Douglas County Housing, Inc. applied for and was granted $1,000.00 from the Capital Federal Foundation for the ‘Hungry for Homeownership’ program. This program will pay for food, refreshments, and incentive items for the monthly Homeownership Program workshops offered to tenants over the next year. We have found that when we can offer dinner in addition to childcare, our families are able to attend the workshops more consistently. DCHI Momentum Grant DCHI received $3000 for the Employment Program from the Douglas County Commu-nity Foundation through the new Momentum Grant. These funds are for the Building (Y)Our Future project to increase enrollment at the Dwayne Peaslee Technical Training Center and remove educational barriers for Section 8 and public housing tenants. Pro-grams offered at Peaslee include construction, automotive, and HVAC. Program Description: Building (Y)Our Future is a collaborative project between the Law-rence-Douglas County Housing Authority, the Dwayne Peaslee Technical Training Cen-ter, and Heartland Works to provide financial support and individualized case manage-ment for LDCHA tenants to attend vocational training. Momentum Funds will cover tui-tion, fees, and material costs not covered by Pell Grants and scholarships up to $500 per student. Facebook Page Staff would like to create a Facebook page for the Full Circle program. It would provide a forum to announce grants and awards for the agency, such as the Momentum Grant.

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

Additionally, it can be accessed by partners, participants and other community members to see LDCHA activities and opportunities. Notice to Terminate Lease from DCCDA for Childcare Facility Retracted Last month staff informed the Board that we received notice from DCCDA that it was planning to relocate the childcare center at Edgewood. The LDCHA has been notified that DCCDA intends to stay in the lease at this time. The current lease runs through October and requires 60-day notice to terminate. Additionally, the LDCHA recently received a request from DCCDA to convert Unit 160 from a therapeutic space to a regular classroom. Staff will work with DCCDA to evaluate the cost and if economical to make renovations that would permit licensing of this room.

This enclosure is intended to provide the accumulated Program Reserves as of December 31, 2016

PART I: March 31, 2016, Program Reserves (HUD-Held & PHA-Held)Line

Number Title Description

1 March 31, 2016, HUD-Held Funds

HUD-held fund balance as of March 31, 2016, calculated from

HUDCAPS.

2 Prior Period Adjustments / Corrections to Line 1 Adjustment to HUD-held funds balance as of March 31, 2016.

3 Adjusted March 31, 2016, HUD-Held Funds (Line 1 + Line 2) Total Adjusted HUD-Held HAP Funds

4 PHA Reported PHA-Held HAP Funds as of March 31, 2016, (or Deficit)

The PHA self-reported HAP balance as of March 31, 2016, or

balance found by QAD review. (QAD reported balance supercedes

PHA self-reported HAP balance.)

5 Prior Period Adjustments / Corrections to Line 4

Adjustment to HUD-calcluated PHA excess cash or deficit as of

March 31, 2016.

6

Adjusted PHA-held Funds as of March 31, 2016, (or Deficit) (Line 4 +

Line 5) Total Adjusted PHA-Held HAP Funds

7

Program Reserves as of March 31, 2016 (HUD-held and PHA-held) (Line

3 + Line 6) Combined total of all reserves for PHA adding Line 3 + Line 6

PART II: Total Funds Available April Through December, 2016

8 Program Reserves as of March 31, 2016 (Line 7)

Amount from Line 7 above. Will not bring in negative amounts.

Any negative balance in Line 7 will be shown as $0 in this

calculation.

9 HCV Renewal Eligibility April through December 2016

This line shows Embedded Fees and HAP. It is based upon the

Prorated Renewal Eligibility per the PHA's Renewal Allocation

Enclosure for 2016. HAP calculation is Renewal Eligibilty less

embedded fees and less obligations prorated from January -

March.

10 Non-Renewal funds (TP actions, VASH, RAD1, RAD2, etc.)

Budget Authority attributable to new increments (TP, VASH, RAD1,

RAD2, etc.) in HUDCAPS. This includes only the portion of the new

increment funding attributable to April - December, 2016. Also

included are any HAP Set-Aside Funds and the CY 2015 Upward

Proration Funds if they were provided in the period from April -

December, 2016.

11 Fraud Recovery & FSS Forfeitures, April - December, 2016

Fraud Recovery and FSS Forfeitures reported by the PHA in VMS as

of January 23, 2017 for the period of April through December,

2016.

12

Total HAP Funds Available April - December, 2016 (Sum of Lines 8

through 11)

Total HAP Resources available to the PHA for CY2016 which is the

sum of Lines 8 through 11

PART III: CY 2016 Activity (April - December, 2016)

JANUARY THROUGH DECEMBER, 2016, HAP RECONCILIATION DESCRIPTIONS

13 Beginning Balances From Part I, Above

Total from Lines 3 HUD-held and Line 6 PHA-held. The balances

can be negative due to activity during January through March.

14 HAP Renewal and Non-Renewal Obligations

Prorated renewal obligations and non-renewal obligations April

through December, 2016 from HUDCAPS.

15 HAP Disbursements to the PHA

Payments made to PHA from HUDCAPS April through December,

2016.

16 Prorated Admin Fee Eligibility

April through December, 2016, Prorated Admin Fee Eligibility per

the Final Year End 2016 MTW Admin Fee Reconciliation.

17 Total Disbursements (HAP & Fees) (Line 15 + Line 16)

Total Fee payments from HUDCAPS April through December,

2016. (Line 15 + Line 16)

18 PHA Reported Admin Expenses

PHA reported HCV administrative expenses from VMS. Calculation

includes Administrative Expenses, Audit Costs and "Other" non-

HAP expenses from VMS as of January 23, 2017, for the period of

April through December, 2016.

19 VMS Reported HAP Expenses - Includes HAP for Non-HAP Purposes

PHA reported HAP expenses from VMS as of January 23, 2017, for

the period of April through December, 2016. Calculation also

includes HAP Expenditures for non-HAP purposes such as Debt

Service, New Development and "Other" MTW HAP Expenditures.

20 VMS Reported Fraud Recovery & FSS Forfietures

Fraud Recovery and FSS Forfeitures reported by the PHA in VMS as

of January 23, 2017, for the period of April through December,

2016.

21

Total HAP and Admin Expenses Less Fraud Recovery & FSS Forfeitures

(Line 18 + Line 19 - Line 20) (Line 18 + Line 19 - Line 20)

22 Excess/Shortage for the Period (Line 17 - Line 21)

Excess/Shortage of disbursements during the April - December

2016 period

23 Portion of Fee Disbursements Unspent (Line 16 - Line 18) Unspent disbursements during the April - December 2016 period

24 Other Adjustments (If Applicable)

Adjustments to Excess PHA-Held and/or HUD-Held Balances for

the current year.

25

Reconciled Excess (Shortage) HAP for the Period (Line 22 - Line 23 +

Line 24)

Excess HAP disbursements during the April - December 2016

period

26

Excess PHA-Held Balance Through December, 2016 (Line 13 +Line 24 +

Line 25) This line respresents the PHA-Held Cash Excess/(Shortage).

27

HUD-Held Reserve Balance Through December, 2016

(Line 13 + Line 14 - Line 15 + Line 24) This line respresents the HUD-Held Cash Excess/(Shortage).

PHA Name

PHA Number KS053 MTW

This enclosure is intended to provide the accumulated Program Reserves as of December 31, 2016

PART I: March 31, 2016, Program Reserves (HUD-Held & PHA-Held)

1 March 31, 2016, HUD-Held Funds $1832 Prior Period Adjustments / Corrections to Line 1 $0

3 Adjusted March 31, 2016, HUD-Held Funds (Line 1 + Line 2) $183

4 PHA Reported PHA-Held HAP Funds as of March 31, 2016, (or Deficit) $2,454,920

5 Prior Period Adjustments / Corrections to Line 4 $0

6 Adjusted PHA-held Funds as of March 31, 2016, (or Deficit) (Line 4 + Line 5) $2,454,920

7 Program Reserves as of March 31, 2016 (HUD-held and PHA-held) (Line 3 + Line 6) $2,455,103

PART II: Total Funds Available April Through December, 20168 Program Reserves as of March 31, 2016 (Line 7) $2,455,103

Embedded Fees HAP

9 HCV Renewal Eligibility April through December 2016 $538,235 $3,348,409

10 Non-Renewal funds (TP actions, VASH, RAD1, RAD2, etc.) $6,404

11 Fraud Recovery & FSS Forfeitures, April - December, 2016 $2,335

12 Total HAP Funds Available April - December, 2016 (Sum of Lines 8 through 11) $6,350,486

PART III: CY 2016 Activity (April - December, 2016) HUD-Held PHA-Held

13 Beginning Balances From Part I, Above $183 $2,454,920

14 HAP Renewal and Non-Renewal Obligations $3,893,051

15 HAP Disbursements to the PHA $1,841,162 $1,841,162

16 Prorated Admin Fee Eligibility $17,594

17 Total Disbursements (HAP & Fees) (Line 15 + Line 16) $1,858,756

18 PHA Reported Admin Expenses $615,064

19 VMS Reported HAP Expenses - Includes HAP for Non-HAP Purposes $3,265,475

20 VMS Reported Fraud Recovery & FSS Forfietures $2,335

21Total HAP and Admin Expenses Less Fraud Recovery & FSS Forfeitures

(Line 18 + Line 19 - Line 20)$3,878,204

22 Excess/Shortage for the Period (Line 17 - Line 21) -$2,019,448

23 Portion of Fee Disbursements Unspent (Line 16 - Line 18) $0

24 Other Adjustments (If Applicable) $0 $0

25 Reconciled Excess (Shortage) HAP for the Period (Line 22 - Line 23 + Line 24) -$2,019,448

26 Excess PHA-Held Balance Through December, 2016 (Line 13 +Line 24 + Line 25) $435,472

27HUD-Held Reserve Balance Through December, 2016

(Line 13 + Line 14 - Line 15 + Line 24)$2,052,072

LAWRENCE- DOUGLAS COUNTY HOUSING AUTHORITY

Any excess shown on line 26 will be transitioned to HUD-held funds in a future disbursement. Any shortage on line 26 will be

automatically disbursed up to the amount of funds available. Please contact the Financial Analyst if additional funds are needed.

Line 4 originates from the PHA provided Confirmation Form of the HCV Unspent Funds From MTW Combined Account Attachment to

Letter Dated April 21, 2016.

Unit Month Tracking

FY2012 - Families Served Through MTW Vouchers - Unit Month Average

January-12 February-12 March-12 April-12 May-12 June-12 July-12 August-12 September-12 October-12 Nov-12 December-12 ANNUAL AVERAGE

MTW VOUCHERS 583 585 582 624 632 631 620 727 724 726 724 718 656

PORTS PAID 7 7 7 8 8 7 8 7 8 8 8 8 8

TENANT PROTECTION 68 79 87 54 64 74 106 0 0 0 0 0 44

TOTAL 708

FY2012 - Other Families Served Through MTW - Unit Month Average

January-12 February-12 March-12 April-12 May-12 June-12 July-12 August-12 September-12 October-12 Nov-12 December-12 ANNUAL AVERAGE

CLINTON PLACE 55 55 55 56 57 58 58 58 58 56 55 55 56

PETERSON ACRES II 8 8 8 8 8 8 8 8 8 8 8 8 8

DOUG. CTY RE-ENTRY 3 3 2 2 2 2 2 2 1 1 1 1 2

HOMEOWNERSHIP 0 0 1 3 0 1 0 1 1 0 0 1 1

TOTAL 67

FY2012 - Families Served Through Public Housing - Unit Month Average

January-12 February-12 March-12 April-12 May-12 June-12 July-12 August-12 September-12 October-12 Nov-12 December-12 ANNUAL AVERAGE

PH UNITS OCCUPIED 355 338 334 358 363 365 363 361 363 362 358 362 357

TOTAL 357

FY2013 - Families Served Through MTW Vouchers - Unit Month Average

January-13 February-13 March-13 April-13 May-13 June-13 July-13 August-13 September-13 October-13 Nov-13 December-13 ANNUAL AVERAGE

MTW VOUCHERS 724 726 608 603 598 593 586 495 492 497 500 503 577

PORTS PAID 8 6 6 5 7 8 7 7 5 6 4 4 6

TENANT PROTECTION 124 124 124 119 115 115 115 115 114 112 118

MAINSTREAM 0 0 0 0 0 0 0 79 79 80 80 80 33

TOTAL 734

FY2013 - Other Families Served Through MTW - Unit Month Average

January-13 February-13 March-13 April-13 May-13 June-13 July-13 August-13 September-13 October-13 Nov-13 December-13 ANNUAL AVERAGE

CLINTON PLACE 56 56 58 58 58 58 58 58 57 57 57 58 57

PETERSON ACRES II 8 8 8 8 8 8 8 8 8 8 8 8 8

DOUG. CTY RE-ENTRY 1 1 2 2 1 1 1 1 1 1 1 1 1

HOMEOWNERSHIP 1 0 1 1 1 1 1 0 0 1 0 0 1

TOTAL 67

FY2013 - Families Served Through Public Housing - Unit Month Average

January-13 February-13 March-13 April-13 May-13 June-13 July-13 August-13 September-13 October-13 Nov-13 December-13 ANNUAL AVERAGE

PH UNITS OCCUPIED 362 359 358 356 358 358 358 354 358 355 358 359 358

TOTAL 358

FY2014 - Families Served Through MTW Vouchers - Unit Month Average

January-14 February-14 March-14 April-14 May-14 June-14 July-14 August-14 September-14 October-14 November-14 December-14 ANNUAL AVERAGE

MTW VOUCHERS 504 504 508 508 513 519 519 512 514 508 521 532 514

PORTS PAID 4 4 3 4 5 5 6 6 7 7 6 7 5

TENANT PROTECTION 111 111 110 110 109 108 108 106 102 101 101 97 106

MAINSTREAM 80 80 80 80 80 80 80 80 80 79 80 80 80

TOTAL 705

FY2014 - Other Families Served Through MTW

January-14 February-14 March-14 April-14 May-14 June-14 July-14 August-14 September-14 October-14 November-14 December-14 ANNUAL AVERAGE

CLINTON PLACE 58 57 57 58 58 58 56 55 55 58 58 58 57

PETERSON ACRES II 8 8 8 8 7 7 6 8 8 8 8 8 8

DOUG. CTY RE-ENTRY 1 1 1 1 1 1 1 1 2 1 1 2 1

HOMEOWNERSHIP 5

TOTAL 71

Unit Month Tracking

FY2014 - Families Served Through Public Housing - Unit Month Average

January-14 February-14 March-14 April-14 May-14 June-14 July-14 August-14 September-14 October-14 November-14 December-14 ANNUAL AVERAGE

PH UNITS OCCUPIED 358 360 360 355 352 358 360 359 352 353 358 359 357

TOTAL 357

FY2015 - Families Served Through MTW Vouchers - Unit Month Average

January-15 February-15 March-15 April-15 May-15 June-15 July-15 August-15 September-15 October-15 November-15 December-15 ANNUAL AVERAGE

MTW VOUCHERS 534 537 544 544 551 553 563 560 563 572 571 573 555

PORTS PAID 7 7 6 6 6 6 6 6 6 6 6 6 6

TENANT PROTECTION 96 95 95 93 93 92 92 91 90 90 89 87 92

MAINSTREAM 78 77 77 77

TOTAL 731

FY2015 - Other Families Served Through MTW

January-15 February-15 March-15 April-15 May-15 June-15 July-15 August-15 September-15 October-15 November-15 December-15 ANNUAL AVERAGE

CLINTON PLACE 57 57 58 58 58 58 58 56 57 57 58 56 57

PETERSON ACRES II 8 8 8 8 8 8 8 8 8 8 8 8 8

DOUG. CTY RE-ENTRY 2 2 2 2 2 1 1 1 1 2 2 2 2

HOMEOWNERSHIP 10

TOTAL 77

FY2015 - Families Served Through Public Housing - Unit Month Average

January-15 February-15 March-15 April-15 May-15 June-15 July-15 August-15 September-15 October-15 November-15 December-15 ANNUAL AVERAGE

PH UNITS OCCUPIED 362 362 362 359 362 361 363 355 355 357 356 358 359

TOTAL 359

FY2016 - Families Served Through MTW Vouchers - Unit Month Average

January-16 February-16 March-16 April-16 May-16 June-16 July-16 August-16 September-16 October-16 November-16 December-16 ANNUAL AVERAGE

MTW VOUCHERS 566 567 571 572 575 561 555 544 547 558 559 560 561

PORTS PAID 5 5 5 5 5 5 5 5 2 1 3 3 4

TENANT PROTECTION 87 87 88 88 87 87 86 84 82 82 82 81 85

MAINSTREAM 77 76 75 72 71 70 71 73 71 71 70 78 73

ALL OTHER VOUCHERS 0 0 0 0 0 5 6 7 7 10 12 12 5

TOTAL 728

FY2016 - Other Families Served Through MTW

January-16 February-16 March-16 April-16 May-16 June-16 July-16 August-16 September-16 October-16 November-16 December-16 ANNUAL AVERAGE

CLINTON PLACE 56 54 55 56 56 56 58 58 57 57 58 58 57

PETERSON ACRES II 8 8 8 8 7 7 7 8 8 7 7 7 8

DOUG. CTY RE-ENTRY 2 2 3 3 3 3 3 3 2 2 1 1 2

HOMEOWNERSHIP 2

1725 NEW HAMPSHIRE 6 6 6 6 6 6 6 2 2 2 2 2 4

TOTAL 73

FY2016 - Families Served Through Public Housing - Unit Month Average

January-16 February-16 March-16 April-16 May-16 June-16 July-16 August-16 September-16 October-16 November-16 December-16 ANNUAL AVERAGE

PH UNITS OCCUPIED 361 355 351 357 363 362 362 366 362 360 364 359 360

TOTAL 360

Compliance Tracking

Year Families Served

Adjusted

Baseline Variance %TOTAL

Compliance

Determination Explanation

FY2010 (Provisional Year) 1,049 952 97 110% Provisional Year LDCHA is 97 families above adjusted baseline.

PH 361 364 -3 99% --- * N/A.

HCV 593 588 5 101% --- * N/A.

Other MTW Families 95 --- --- --- --- * N/A.

FY2011 (Provisional Year) 1,062 1,091 -29 97% Provisional Year LDCHA is 30 families below adjusted baseline.

PH 358 363 -5 99% --- * N/A.

HCV 634 728 -94 87% --- * LDCHA received an incremental voucher award in this fiscal year.

Other MTW Families 70 --- --- --- --- * N/A.

FY2012 1,132 1,091 41 104% Compliant LDCHA is 40 families above adjusted baseline.

PH 357 363 -6 98% --- *N/A.

HCV708 728 -20 97% ---

*LDCHA received 140 incremental vouchers in 2011, 34 in April and 106 in August. Low utilization is a

result of time needed for lease up.

Other MTW Families 67 --- --- --- --- *N/A.

FY2013 1,159 1,091 68 106% Compliant LDCHA is 67 families above adjusted baseline.

PH 358 363 -5 99% --- *N/A.

HCV734 728 6 101% ---

*LDCHA believes this number improperly excludes its NED voucher, 79-80 per month Aug - Dec 2013

reported as Mainstream-1 and the utilization should be 98%.

Other MTW Families 67 --- --- --- --- *N/A.

FY2014 1,133 1,091 42 104% Compliant LDCHA is 42 families above adjusted baseline.

PH 357 363 -6 98% ---

HCV 705 728 -23 97% ---

Other MTW Families 71 --- --- --- --- *N/A.

FY2015 1,167 1,091 76 107% Compliant LDCHA is 76 families above adjusted baseline.

PH 359 363 -4 99% ---

HCV 731 728 3 100% --- *N/A.

Other MTW Families 77 --- --- --- --- *N/A.

FY2016 1,161 1,095 66 106% Compliant LDCHA is 66 families above adjusted baseline.

PH 360 363 -3 99% ---

HCV 728 732 -4 99% ---

Other MTW Families 73 --- --- --- --- *N/A.

Compliance Determination Worksheet

Lawrence-Douglas County Housing Authority (KS053)

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 5B: RESOLUTION 2017-14: Approve Revised “One Strike”

Policy

BACKGROUND: The LDCHA has a “One Strike and You’re Out” policy that specifies certain actions on the part of a tenant are a non-remediable breach of the lease and severe enough to warrant immediate eviction. CURRENT ISSUE: The current revisions clarify several aspects of the “One Strike” policy. The pro-posed changes are red-lined in the attached copy. BOARD ACTION: Discuss the revisions and approve, modify or disapprove the revised policy.

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

RESOLUTION 2017-14 June 26, 2017

BE IT RESOLVED that the Board of Commissioners of the Lawrence-Douglas County

Housing Authority (LDCHA) approves Resolution 2017-14, Revised “One Strike” Policy,

as presented to the Board of Commissioners this 26th day of June, 2017.

NOW THEREFORE the Board of Commissioners does hereby approve Resolution 2017-

14.

1 of 2

Draft

PROCEDURES GOVERNING APPLICATION OF THE LDCHA "ONE STRIKE AND YOU'RE OUT" POLICY

IN EVICTING PUBLIC HOUSING RESIDENTS FOR CRIMINAL ACTIVITY

Resolution 618 - Approved August 26, 1996 Resolution 921 - Amended February 27, 2006 Resolution 2011-11 - Amended May 23, 2011

Resolution 2017-14 - Amended ________, 2017

The Lawrence-Douglas County Housing Authority (LDCHA) hereby adopts this "One Strike and You're Out" policy in conformity with the law which requires eviction from fed-erally funded public housing of those persons who engage in illegal drug related or violent criminal activity. A violation of this “One Strike” policy is a non-remediable breach of the LDCHA lease. The “One Strike " eviction policy is intended to be used only in cases where illegal gang, criminal, or drug activity is so flagrant, violent, or of such magnitude as to constitute a serious threat and danger to the lives of LDCHA residents, staff, or its agents. In an effort to achieve a living environment at all LDCHA properties which is conducive to the health, safety and right of peaceful enjoyment of all residents, the LDCHA screens prospective tenants in an effort to prevent those persons who have demonstrated a pro-pensity for engaging in criminal activity or drug-related criminal activity from becoming residents. In addition to this proactive tenant screening process, the LDCHA will also im-plement a policy designed to evict or terminate the lease of any existing residents who are found to engage in criminal activity, or drug-related criminal activity as specifically outlined in the following sections. It is the intent of the LDCHA to adopt a strict policy which provides "zero tolerance" for criminal activity or drug-related criminal activity, whether committed by a prospective or current tenant, household member, guest, or other person, whether on or off LDCHA property. A. Enforcement Through Evictions. The provisions of this policy shall also be reflected in the terms and conditions of the lease agreement for all residents of public housing. The agency shall enforce this "One-Strike" policy with a "zero-tolerance" position with respect to drug-related and / or other criminal activity which would pose a threat to the health, safety or right to peaceful enjoyment of the premises by other residents or agency employees. Such activity shall be grounds for immediate termination of the lease and eviction. Since eviction is a civil, not criminal matter, a criminal conviction or arrest is not necessary in order to terminate a lease and evict a household; but, the agency shall be responsible for producing evidence sufficient enough to warrant eviction. Tenant shall receive notice of the pending eviction and an opportunity to meet with staff or provide information. B. Application. The following criteria shall apply in order to take action under this policy: 1. The situation or event must be criminal and legally actionable and constitute a real threat to the health, safety, or habitability of the development, other residents, the neigh-borhood, or the safety of the LDCHA staff or its agents.

2 of 2

a. Drug related criminal activity means the illegal manufacture, sale, distribu-tion, or use of a drug, or the possession of a controlled substance or para-phernalia with intent to manufacture, sell, distribute or use the drug or con-trolled substance.

b. Violent criminal activity means any criminal activity that has as one of its

elements, the use, attempted use, or threatened use of physical force sub-stantial enough to cause, or be reasonably likely to cause bodily harm.

c. Unlawful sexual act means any rape, indecent liberties with a child, aggra-

vated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery.

2. This policy is applicable to situations involving any member of the tenant’s house-hold, guest, or another person under the tenant’s control. 3. The policy is applicable to but is not limited to the following criminal acts:

a. Any person registered or required to register on any state's sex offender registry or any person charged with an unlawful sexual act, taking indecent liberties with a minor, or similar crime.

b. Illegal drug trafficking on or off LDCHA premises, c. Receiving and selling stolen goods on the LDCHA premises, d. Possession or public use of illegal drugs on LDCHA premises, e. Assaults or battery on or off LDCHA premises, or causing bodily harm or injury whether caused by an adult or minor, f. Intimidation or terroristic threats against any LDCHA resident, his/her

guests or LDCHA staff or its agents in connection with any gang, drug, or other criminal activity,

g. Sale of alcohol to minors, h. Maintaining a gang or safe house including harboring a known criminal be-

ing sought by the police, i. Participating in a drive-by shooting or any other serious gang related activ-

ity, j. Arson, or violation of the Smoking Ban where Medical Oxygen is present

that results in a fire, or k. Engaging in inherently dangerous felony as defined by KSA 21-3436 or as amended.

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. C. Required Proof.

1. For the purposes of this section, proof of engaging in or committing a prohibited act shall not require any formal court proceeding or judicial finding of conviction, but rather may be based solely upon evidence of an arrest (an arrest alone will not be sufficient proof to support an eviction under this policy), formal charge, conviction and/or other com-petent evidence tending to suggest by a preponderance of evidence that such a criminal offense or prohibited act was committed, as previously defined in Section B, 2. The filing of a police report by a tenant, guest, and/or LDCHA staff or its agent and a subsequent conference or other communication including sworn affidavits between the police, district attorney's office, or other witnesses, and LDCHA staff confirming that the perpetrator and acts were of such magnitude to constitute a real threat to the health, safety, or habitability of the development, other residents, the neighborhood, or the safety of the LDCHA staff or its agents.

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 5C: Approve Draft Public Housing Smoke Free Policy for

Distribution for Public Comment

BACKGROUND: A discussed at several Board meetings, HUD recently adopted a new rule requiring all public housing authorities to implement a “smoke free” policy banning the use of prohibited tobacco products in all units, common areas and administrative of-fices. The policy must also extend to all outdoor areas up to 25 feet from all build-ings, not just the entrances. Staff met with tenants on the issue at two locations and presented the comments to the Board. The Board determined the additional parameters to apply to LDCHA properties at the May 22 meeting including an im-plementation date of July 30, 2018, and those have been incorporated into the attached draft.

CURRENT ISSUE: Upon approval by the Board, this Draft Smoke Free Policy will be included in the documents which are being distributed for a 30-day public comment period begin-ning on July 31. Any comments will be presented to the Board at the August 28 meeting. Final review and adoption of the policy will take place at the September 25 meeting. BOARD ACTION: Review and approve Draft Public Housing Smoke Free policy to be distributed for public comment.

Smoke Free Policy Resolution 2017-15 1

PUBLIC HOUSING SMOKE FREE POLICY

Resolution 2017-__ to be effective July 30, 2018

Superseding and Incorporating Resolution 2010-05 January 25, 2010 Resolution 2010-18 June 28, 2010 Resolution 2010-20 August 23, 2010 1. Purpose of Smoke Free Policy This policy applies to all public housing units and Peterson Acres II. HUD is requiring that all public housing agencies enact this policy to (i) mitigate the irritation and known health effects of secondhand smoke; (ii) eliminate the increased maintenance and cleaning costs from smoking; (iii) the increased risk of fire from smoking; and (iv) the higher costs of fire insurance for a non-smoke-free building. 2. Definitions

Smoking. The term "smoking” means inhaling, exhaling, breathing, or carrying any lighted or heated cigar, cigarette, pipe, water pipe, or other tobacco product or plant product in any manner or in any form. Smoking also includes use of an Elec-tronic Nicotine Delivery System (ENDS). Electronic Nicotine Delivery System. The term "Electronic Nicotine Delivery System” (ENDS) means any electronic smoking device that provides a vapor of liquid nicotine and/or other substances to the user as she or he simulates smoking. The term shall include all such devices whether they are referred to as e-cigarettes, e-cigars, e-pipes or under any product name.

3. Smoke-Free Complex All LDCHA public housing and the Peterson Acres II project (“Properties”) have been designated as a smoke free living environment. Tenants, members of Tenants’ house- hold, or guests shall not smoke anywhere in the unit rented by Tenant, or the building where the Tenant’s dwelling is located or in any of the common areas or within 25 feet of such building or other parts of the rental community. 4. Medical Oxygen The Lawrence-Douglas County Housing Commission adopted a No-Smoking Policy for LDCHA Owned Units where Medical Oxygen is in use. Effective immediately, this policy prohibits all smoking by tenants, family members, and guests inside any unit and/or build-ing owned by the Lawrence-Douglas County Housing Authority where medical oxygen is present or in use. Smoking may not take place even outside the building where medical oxygen is present or in use. An individual attached, or with physical contact, to an oxygen tube is considered to be “on oxygen” whether or not the tube is attached to the oxygen source or the source is turned on. This policy shall be enforced in accordance with Paragraph 7 lease violations and evictions except when a violation causes a fire. In that case the resident household will

Smoke Free Policy Resolution 2017-15 2

be evicted in conformance with the agency’s One Strike policy. Evidence of violations of this policy will be in conformance with paragraphs 6 and 7 below. 5. Smoke Free - 25 Feet from any LDCHA Building Effective July 30, 2018, the no smoking policy is extended to all LDCHA owned properties. This policy prohibits smoking by all tenants, family members, and guests inside any unit and/or building owned by the LDCHA. Smoking may take place outside buildings at least 25 feet from any LDCHA building as long as the smoking does not interfere with the neighbor’s peaceful enjoyment of the premises. 6. Evidence of Smoking A resident household will be determined to be in violation of the policies if:

Staff witnesses a tenant, tenant’s guest, or family member, service provider, or other person smoking inside an LDCHA owned building or within 25 feet of any LDCHA public housing building.

Staff witnesses a lighted smoking product in an ashtray or other receptacle inside an LDCHA owned unit or within 25 feet of any LDCHA public housing building.

Damages to the interior of LDCHA owned property that are the result of burns caused by smoking products including burns to tenant owned property.

Evidence of smoking in a unit such as cigarette or other smoking product smells, smoke clogged filters or missing filters, smoke film including smoke damage to walls.

Repeated reports to staff of violations of this policy by third parties.

Clogged plumbing caused by smoking products.

Evidence of ashes on any surface in a unit owned by the LDCHA. 7. Enforcement Staff will enforce the smoking ban Resolution 2017-___ according to the following proce-dures except when a violation causes a fire at LDCHA property. In this case, the Tenant will be evicted in conformance with the agency’s One Strike Policy. Staff will follow a progressive course of lease enforcement actions in implementing the smoking ban. 1st Offence: Staff will send the Tenant a gentle reminder of the smoking ban, including a copy of Resolution 2017-___, and inform the Tenant of the smoking cessation resources the agency has available. 2nd Offence: Staff will send the Tenant second reminder of the smoking ban, including a second copy of Resolution 2017-___ and refer the Tenant to the Resident Services office for assistance in complying with the smoking ban. 3rd Offence: Staff will send the Tenant a notice of a mandatory conference to discuss the policy and repeated violations. Property management and Resident Services staff will be present to assist the Tenant in developing strategies to help them comply with the policy in order to safeguard their housing. If the Tenant fails to attend the conference, they will receive a lease violation notice in conformance with existing LDCHA policy.

Smoke Free Policy Resolution 2017-15 3

4th Offence: The Tenant will be issued a remedial lease violation. 5th Offence: The Tenant will be issued a 14-30 Lease Violation. 6th Offence: A final eviction notice to terminate the lease will be issued. The current No Smoking Policy as outlined in Resolutions 2010-05, 18 & 20 will remain in effect until July 30, 2018 for all public housing properties and Peterson Acres II. That policy will continue for Clinton Place and all other non-public housing properties owned by LDCHA until amended, repealed or replaced by future action of the LDCHA Board of Commissioners

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 5D: Review Amendments to Admin/ACOP and Approve for

Distribution for Public Comment

BACKGROUND: The amendments to the Admin/ACOP Plan modifies the preference points for the Elderly Preference in designated elderly housing; corrects items relating to appli-cants and residents who are required to register as sex offenders; updates Termi-nation of the Lease including provisions of the updated “One Strike” policy; updates the No Smoking section to be consistent with the forthcoming change in policy; and several other issues. All changes are in redline in the attached draft. CURRENT ISSUE:

The amendments to the Admin/ACOP were brought for review to the Resident Advisory Council (RAC) on June 15. The RAC voted to approve the changes and forward them to the Board. Pending Board approval, the attached draft will be dis-tributed for public comment on July 31 and a public hearing on the amendments will be held August 31 at 5:00 pm at Edgewood Homes at the Administration Build-ing. The amended Admin/ACOP will come before the Board for final approval at its September meeting. BOARD ACTION: Review and approve the amendments to the Admin/ACOP and approve for distri-bution for public comment if appropriate.

Administrative / ACOP Plan

Combined Administrative Plan and Admission & Continued Occupancy Policies and Methods of

Administration for All LDCHA Programs.

Approved by LDCHA Board August 26, 2013, Resolution 2013-14 Amended September 22, 2014, Resolution 2014-17 Amended September 28, 2015, Resolution 2015-17 Amended September 26, 2016, Resolution 2016-18 Amended September 25, 2017, Resolution 2017-__

DRAFT

1600 Haskell Avenue, Lawrence, KS 66044 / 785-842-8110 / www.l

Lawrence-Douglas County Housing Authority

The mission of the Lawrence-Douglas County Housing Authority

is to promote quality affordable housing, economic opportunity,

and a suitable living environment free from discrimination.

Preferences and Waiting Lists

Waiting List Preferences

Eligible applicants are entitled to be placed on the LDCHA waiting list and receive preference in selection for available assistance if they meet local preference criteria.

Applicants entitled to priority placement on the waiting list under local selection preferences include applicants who reside in or are relocating to work in Douglas County, Kansas;

Applicants will be placed on the waiting list according to information provided by them as to their qualification for local preference. Prior to executing a lease, any preference claimed will be re-verified at the time assistance is offered.

Applicant circumstances may change while awaiting an offer of assistance. These changes may affect entitlement to a preference. General Housing Local Residency Preference 100 Points

Designated Elderly Housing Local Residency Preference 100 Points Elderly Preference 100 101 Points

Peterson Acres Local Residency Preference 100 Points Elderly Preference 100 101 Points Non-Elderly Disabled Preference 100 Points (5 Peterson Acre units may be occupied by non-elderly disabled.)

Local Residency Preference

The definition of a Douglas County Resident is an applicant whose current or most recent residential address is in Douglas County, Kansas or who is relocating to the county for purpose of employment.

The following documents will be accepted as verification of residency:

Current lease for an address in Lawrence or Douglas County, Kansas; Current driver's license with a Douglas County, Kansas address; If homeless, a current affidavit of receiving services by a local social service agency that can

demonstrate a plan to become a permanent resident of Douglas County; Statement of current or guaranteed future employment located in Douglas County.

Designated Elderly Housing

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Elderly preference – In the projects that have an elderly designation approved by HUD, all individuals over the age of 62 will receive elderly preference points, and elderly applicants will be housed first over any near- elderly applicant. If the agency determines that there are insufficient numbers of elderly households to fill all the units in a project for occupancy by only elderly households, the agency may provide that near-elderly households may occupy dwelling units in the project. Near elderly tenants are defined as a person who is at least 50 years of age but below 62 years of age.

Preference Verification/Denial

LDCHA will verify all preferences claimed at time of eligibility determination. If the LDCHA denies a preference, the applicant will be placed on the waiting list without benefit of the preference. The LDCHA will notify the applicant in writing of the reasons why the preference was denied and offer the applicant an opportunity for a review. The applicant will have 10 business days to request the review meeting in writing. If the preference denial is upheld as a result of the meeting, or the applicant does not request a meeting, the applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise other rights if they believe they have been discriminated against. Applicants may appeal the decision to deny a preference to the LDCHA hearing officer in writing according to the procedures in Chapter 5. Any applicant who falsifies documents or makes false statements in order to qualify for any preference will be removed from the waiting list with notification to the household, and may not reapply for the time period specified in Chapter 5.

Waiting List Placement and Order Of Selection

Placement

After eligibility has been determined, applicant information is entered into the tenant records system for waiting list placement. When record entry is complete, waiting lists are generated with applicants are placed on the waiting list according to preference points, in order of the date and time of application.

Selection Priority

Selection of applicants from the waiting list is based on priority as determined by eligibility. Single persons who are elderly, disabled or handicapped are given priority over other single persons on the waiting list with the same date and time of application.

Changes in Waiting List Placement

If an applicant refuses any offer of assistance the applicant will be moved down on the that waiting list to the date the offer was made (referred to as a "pass penalty"). If a second offer is refused and the applicant has been offered all forms of housing assistance for which they are eligible, the applicant is removed from the all waiting lists and will not be eligible to re-apply for six months. Forms of housing defined on page 31. An applicant who accepts an offer of a Section 8 voucher but does not use the assistance to lease a unit within the maximum allowed number of days and does not respond to staff requests for information concerning the progress of their search for housing as outlined in Chapter 7 will be removed from the waiting list and will not be eligible to re-apply for six months. Pages 10 – 11 in original document

Eligibility The LDCHA will determine eligibility for placement on the waiting lists, issuance of assistance, admission to housing programs and continued participation in compliance with the federal regula-tions and applicable waivers under the LDCHA Moving To Work program for Public Housing, Sec-tion 8 Housing Choice Voucher (HCV), HOME Tenant-Based Rental Assistance (TBRA) programs, and under policies adopted by the LDCHA Board of Housing Commissioners as outlined herein. Eligibility for Babcock Place and Peterson Acres will be determined in conformance with the Elderly Designation Plan approved by HUD. Information for eligibility determinations will be current within 60 days of any notice or action.

Criminal Activity

No household member may have a history of violent or drug related criminal activity as evidenced by a conviction (or by an arrest record and other evidence that establishes that the person engaged in disqualifying criminal activity) within five (5) years prior to the date of application and/or the date assistance is offered to the household.

The LDCHA will not place on the waiting list or provide assistance to any household member who:

Has been convicted of the manufacture, sale or distribution of methamphetamine; Has been convicted of a sexual or violent crime against a child; or Is required to register with any State’s sexual predator list, or is subject to a lifetime sex offender

registration requirement. The LDCHA will not place on the waiting list or provide assistance to a household when a prepon-derance of evidence indicates that any member of the household, including a juvenile, engages in or has engaged in violent criminal activity within the past five (5) years regardless of whether the household member has been arrested or convicted. Preponderance of evidence will include, but is not limited to:

1. Reports from law enforcement agencies of active investigation for a violent crime;

2. Records of arrests and conviction for violent crimes reflecting a pattern of continued crim-inal activity and/or habitual violent criminal behavior;

3. Recommendations from law enforcement, probation and parole agencies.

4. Documentation substantiating a VAWA claim.

Page 19 in original document

Chapter

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Program Assistance

Selection

Offers of Assistance from respective waiting lists will be based on unit suitability to household size and composition and made in a manner to attain a broad range of mixed income and racial diverse housing communities at LDCHA properties. Agency solvency shall be a prime consideration in application of this tenant selection. Tenants will be selected from among applicants eligible for dwelling units of a given size and special features in accordance with current federal regulations and the occupancy standards stated in Chapter 6 and in conformance with the local preferences system in Chapter 3. Applicants will be assigned to vacant Scattered Site units in conformance with the Scattered Site Management Plan that is contained in this Plan.

Time Limit for Unit Offer Acceptance or Refusal

All offers will be mailed by first class mail. Applicants will have five (5) calendar days from the date of the offer to accept or refuse an offer. In circumstances when there are a large number of vacancies, the LDCHA reserves the right to make offers by the most efficient form of communication and follow up with written confirmation of the offer.

Refusals of Unit Offer and Number of Offers The LDCHA shall make all offers of housing in sequence and there must be a rejection of a prior offer before the applicant may be offered another location. If an applicant refuses any offer of assistance a pass penalty will be imposed and the applicant will be moved down on the appropriate waiting list to the date the offer was made. If the applicant is on multiple waiting lists, the pass penalty is only made to the waiting list the offer was made from. If a second offer is refused and the applicant has been offered all forms of housing assistance for which they are eligible, the applicant is removed from the waiting list and will not be eligible to re-apply for six months. They shall be dropped from the waiting list(s) in accordance with Chapter 3 of this plan.

Forms of Housing

Public Housing Voucher Clinton Place

Edgewood Homes Section 8 HCV

Scattered Sites Transitional (identified in Chapter 18)

Babcock Place

Scattered Sites

All offers and rejections of housing under this statement shall be documented in writing. Page 31 in the original document

Chapter

7

Terminations

The following chapter describes instances that require, allow for, or result in termination of partici-pation in LDCHA housing programs.

Terminations of Assistance that Apply to All LDCHA Program

Participants

Grounds for Mandatory Termination

All participants have the right to due process and every participant will receive notice of termination action and the right to appeal, except those subject to the LDCHA's "One Strike" policy.

The LDCHA must terminate assistance in the following circumstances:

1. Household has a member convicted of manufacturing or distributing methamphetamines;

2. Household has a member subject to lifetime sex offender registration requirements as a sex offender; or is currently required to register with any State’s sexual offender list.

3. Involvement in drug-related and/or violent criminal activity that threatens the health, safety, or right to peaceful enjoyment of LDCHA’s premises by other Tenant(s) or employees of LDCHA;

4. Fraud, bribery or any other corrupt or criminal act in connection with any federal housing pro-gram;

5. Failure by the household or any household member to sign and submit consent forms for ob-taining information in accordance with federal regulations and LDCHA policy;

6. Failure by the household or any household member to provide forms for establishing citizenship or eligible immigration status;

7. Failure by the household or any household member to comply with the work requirement under the Moving to Work Demonstration program after being provided an opportunity to comply.

Grounds for Discretionary Actions

In the following instances, LDCHA will always commence to terminate participation, however a tenant will have the opportunity for an informal hearing, and where appropriate the LDCHA will consider mitigat-ing circumstance before rendering a final decision. All action to terminate a participant's assistance will be conducted in conformance with federal regulations and LDCHA policies as stated in this Plan.

Chapter

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LDCHA Owned Units

Termination action will be commenced if any household member fails to comply with Applicant/Tenant

obligations as set out in:

The Applicant/Tenant Obligation Certification.

The Lease (according to the LDCHA "One Strike" policy and the three strike lease violation practice

as set out below.)

Section 8 Voucher Participants

Termination action will be commenced if any household member fails to comply with the Applicant/Par-

ticipant obligations as set out in:

The Applicant/Participant Obligation Certification.

The Obligations of the Family - Voucher HUD Form 52646.

Temporary Absence from the Unit

In all LDCHA programs the assisted unit must be the household’s only residence. However, the LDCHA allows assisted households the opportunity to keep their housing in situations when no household member is able to reside in the assisted unit for an extended but temporary period of time, generally 30 or more days up to six (6) months.

The household must notify the LDCHA immediately and request approval of a temporary absence. Allowable temporary absence reasons are:

Reasonable accommodation; Medical need; Employment; Education; Family emergency.

The household may be absent from the unit for a period of no more than 6 consecutive months during any 12 month period.

The household must resume occupancy of the unit by the end of the fifth month to continue the lease beyond the end of the sixth month.

The household must notify the LDCHA of any absence from the unit longer than 7 days. The notice must be given during the month in which the absence occurs including information as to the reason for the absence and the length of time the household expects to be absent. LDCHA staff will determine if the length of absence meets the temporary absence criteria.

During any period of temporary absence the household is responsible for assuring that the utilities are maintained and the rent is paid. The unit cannot be occupied by any other person at any time.

Upon returning to the unit, the household must notify the LDCHA.

Failure to notify the LDCHA of a temporary absence from the unit will result in a notification of action to terminate the lease, or housing assistance.

LDCHA Owned Units

These requirements apply to any participant in LDCHA public housing programs.

Termination of the Lease

LDCHA shall not terminate or refuse to renew a Lease other than for a single serious violation or repeated violations of material terms of the Lease. Repeated violations of material terms of the Lease shall be defined as any three lease violations of the same provision per Tenant's Obligation, which occur within any consecutive 24-month period. A serious violation is any one of the following types of activity acts engaged in by the Tenant, a member of the household, a guest or other person under the Tenant’s control, shall be cause for immediate termination of tenancy except for situations covered by Resolution 956, the LDCHA Violence Against Women’s Act.

Any criminal, gang or illegal drug related activity that threatens the health, safety or right to

peaceful enjoyment of LDCHA’s public housing premises by other tenant(s) or tenant(s) of the neighborhood where scattered sites are located.

Any criminal, gang or illegal drug related activity on or off such premises. Excessive Late Rent payment, which is rent paid late [beyond the 5th working day of the month]

in excess of three six occurrences in any 12-month period, on the seventh occurrence. Nonpayment of Rent within the month due. Fire or property damage caused by smoking. Tampering with or disabling a smoke detector or alarm in a unit or on LDCHA property. Fire related or any destruction to LDCHA property or its premises in a manner that physically

alters, destroys, defaces, or damages said property; creation of life threatening, health and/or safety condition(s) that threaten the right to peaceful enjoyment of the premises by other ten-ants or Housing Authority employees.

Whenever a household or any household member has engaged in or threatened abusive or violent behavior toward LDCHA staff.

Each Tenant shall be furnished a LDCHA Tenant Handbook containing information on allowable and unallowable activities relating to the use and care of units, premises, equipment and surround-ing grounds. Tenants are required to comply with the rules and procedures contained in the Hand-book.

LDCHA "One Strike" Policy - Mandatory Termination

The LDCHA has adopted a "One Strike and You’re Out" policy, Resolution 618 incorporated herein as Appendix VI, that provides for immediate termination of assistance and for eviction from the unit for criminal, gang, or illegal drug related activity that threatens the health, safety, or right to peaceful enjoyment of LDCHA’s premises by other Tenant(s) or employees on or off the LDCHA premises. Notice to terminate under the "One Strike and You’re Out" shall state that this policy is being applied and that such breach is not remediable. Termination per the "One Strike and You’re Out" policy does not require LDCHA to afford the Tenant(s) an administrative grievance hearing. HUD has determined that eviction proce-dures under state law provide pre-eviction hearings and other basic elements of due pro-cess. The tenant will be notified of the pending termination in writing and will be given 5 days to respond to the matter prior to an eviction action being filed.

Lease Violations

Except for lease violations under Resolution 618, The LDCHA "One Strike and You're Out” policy, tenants will be given a reasonable opportunity to comply with the occupancy rules. Where practical, the LDCHA will apply a "three strikes" progression of lease violations toward eviction. The practice shall be applied as follows for each of the same type of lease violations, other than non-payment of rent.

First lease violation: Management will issue a written notice identifying the violation and re-questing a conference to explain the reason and cause of the violation notice, and corrective action required.

Second lease violation: Management will issue a 14 Days Notice of Lease Violation in con-

formance with HUD regulations and state law. Third lease violation: Management will issue an eviction termination notice in conformance with

HUD regulations and state law.

Lease Violations Provisions

The LDCHA reserves the right not to follow the "three strikes" policy on lease violations and will proceed to terminate the lease on a single violation in the following cases: Where a tenant's behavior threatens the health, safety, or right to peaceful enjoyment of the

premises by other residents, LDCHA personnel or its agents as more specifically identified in the One Strike Policy. In these cases management shall follow the provisions of state law.

Lease violations for non-payment of rent in the month due will be handled in conformance with

Resolution 70 the LDCHA Rent Collection Policy incorporated herein as Appendix IV, and the Tenant lease will be terminated.

Lease violations for failure to report income will be handled in conformance with Resolution

539 the LDCHA Fraud Policy incorporated herein as Appendix V.

Tenant Counseling Conference Sessions

All tenants will report to the management office for tenant counseling conference sessions in con-nection with any lease violation when requested to do so by the LDCHA. Failure to report will of itself be considered a secondary lease violation and, in association with the primary lease violation, may be cause for eviction.

No Smoking Policy

A household must abide by Resolution 2010-182017-15, the LDCHA No SmokingSmoke Free Pol-icy which is incorporated into the LDCHA Lease. Smoking is prohibited by tenants, household members and guests inside any unit and/or building owned by the Lawrence-Douglas County Hous-ing AuthorityLDCHA or within 25 feet of any LDCHA building. If aA tenant household will beis determined to be in violation of the policies in accordance to this policy, the. LDCHA staff will follow a progressive course of lease enforcement actions implementing the smoking ban except when a violation causes a fire at LDCHA. In that case, the tenant will be evicted in conformance to the LDCHA One Strike and You’re Out policy.

Notices Between the Tenant and LDCHA

Notices between Tenant(s) and LDCHA shall be in writing, delivered or mailed first class to Tenant's premises. Notices from Tenant(s) must be in writing delivered to the LDCHA office including by email. Persons with disabilities may request special accommodations.

Types of Notices

LDCHA will issue written notices of Lease termination. All notices shall state the reasons for the termination. A 14-Day Notice in the case of failure to pay rent.

A reasonable time considering the seriousness of the situation, but not to exceed 30 Days

Notice to terminate, when the health or safety of other Tenant(s) or LDCHA employees is threatened, and;

A 30-Day Notice in all other cases.

Installment Payment of Rent

In order to assist LDCHA Moving to Work (MTW) households to maintain their housing, it shall be LDCHA’s policy to allow households to enter into a rental payment agreement to divide their monthly rent into two equal payments. The agreement shall be in writing signed by the LDCHA staff and tenant which specify the method, amount and time of payments. The agreement will be effective the month after it has been executed and signed. Rent must be paid in full by the 1620th day of the current rent paying period. MTW households under a rental payment agreement based on this policy will not be assessed late fees as long as they make their payments on time per the agreement, and will be exempted from the late fee provision of the LDCHA Rent Collection Policy, Resolution 70, as amended. The household will waive the right to a 14-day notice as granted by 24 CFR 966.4(3) in exchange for the benefits of being allowed to pay in installments and not be charged a late fee. The tenant will be is-sued a 3-Days Notice for each occurrence which is consistent with state law on termination of tenancy for nonpayment of rent. After failure to abide by the rental payment agreement on three occurrences the rental payment agree-ment will be automatically terminated and the tenant will again be bound by the LDCHA Rent Collection Policy, Resolution 70, as amended. All rent must be paid in the month it is due. Delinquent rent shall not be carried into the second month.

Grievance Procedure for Public Housing Tenants

When LDCHA is required to afford the Tenant the opportunity for an informal hearing under Reso-lution 30, LDCHA Grievance Procedure (Appendix I) for a grievance concerning the Lease termi-nation, the Tenant shall be informed of the right to request an informal mediation and/or hearing and the right to examine LDCHA documents directly relevant to the termination or eviction. The tenancy shall not terminate, even if any notice to vacate under state or local law has expired, until the time for the Tenant to request a grievance hearing has expired, and if a hearing is timely re-quested by the Tenant, until the grievance process has been completed. When LDCHA is not required to afford the Tenant the opportunity for an informal hearing under the Grievance Procedure, the notice of Lease termination shall:

State that the Tenant is not entitled to a grievance hearing on the termination; Specify the state judicial eviction procedure will be used for eviction of the Tenant(s), that HUD

has determined that this eviction procedure contains the basic elements of due process; State whether the eviction is for a failure to pay rent, a criminal, gang or illegal drug related

activity, or fire caused by smoking.

Pages 85-90 in original document

Special Housing Types The LDCHA will permit a household eligible for tenant-based assistance to lease units in any of the special housing types outlined herein. Leasing of special housing types will be allowed as a reasonable accommodation for households with disabled household members so that the program is readily accessible to and used by persons with disabilities. Determinations to allow funding of special housing types other than those defined herein will be made on a case by case basis. The requested housing type must be approvable by all other HUD standards and HQS standards in accordance with 24 CFR 982.601 et seq.

Transitional Housing - Tenant-Based Rental Assistance (TBRA)

The LDCHA Transitional Housing provides up to 24 months of rent subsidy and one-time grants for security and utility deposits. Families in Transitional Housing rent from private market landlords and pay a part of the total rent. Monthly rent subsidy and security deposit grants are paid directly to the landlord by the LDCHA. Utility deposits are paid directly to the utility provider by the LDCHA. Support services are provided under agreements between the household and a service provider. To be eligible for the Transitional Housing Program a household must have a gross annual income below 60% of the area median income for Douglas County Kansas, and meet all LDCHA General Housing eligibility criteria, except residential history. The residential history requirement of three (3) years of good, independent residential history is waived when the household makes a commitment to participate in on-going self-sufficiency services. The household enters into a service agreement with a local social service agency and agrees to participate in services while in the Transitional Housing Program. The household cannot have a history of violence, drug related criminal activity, deliberate or willful damage to property, or have a member required to register due to a sex crime. Transitional Housing households must take the LDCHA Renter Education Program and successfully complete the goals in their service agreement to be eligible for permanent housing through the LDCHA General Housing programs after 24 months. Transitional Housing families must meet General Housing, or other LDCHA permanent housing program, eligibility criteria to continue receiving monthly rent subsidy after 24 months or when their service agreement ends. Households admitted to Transitional Housing are placed on a permanent housing admissions list in order of the date they are admitted to Transitional Housing. When they have been in the program for approximately 12 to 18 months LDCHA staff conducts an eligibility review to determine permanent housing eligibility. This includes a review of their current file for lease and program violations, a reference from their current landlord and their service provider and screening of public records for drug-related or violent criminal activity or registered offender status. Transitional Housing households meeting permanent housing criteria are admitted to the General Housing program, or other LDCHA permanent housing program if they have requested another program (for example, Senior Housing) and a unit is available. Households that are not eligible for permanent housing are given no less than a 60 day notice of the end of their housing assistance. Households eligible for the Transitional Housing Program are housed from separate waiting lists for the following two programs: Bert Nash Community Support Services Program for Persons with Mental Illness (CSS Transitional Housing Program)

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The Bert Nash Community Support Services (CSS) Program requires the participant to be referred for housing by the Bert Nash Community Support Service program and have an agreement for services with the Bert Nash Center. HOME TBRA funds from the State of Kansas can be used throughout Douglas County. Families interested in the program who are not already in services with the Bert Nash Center are referred to the Center. Lawrence Homeless Transitional Housing Program The Lawrence Homeless Transitional Housing program is funded through City HOME TBRA grants and provides rent subsidies through voucher contracts. To qualify for the program, families must be homeless according to the federal definition of homelessness provided in 24 CFR 91.5: 1. Literally Homeless: individual or household who lacks a fixed, regular, and adequate nighttime

residence. 2. Imminent Risk of Homelessness: individual or family who will imminently lose their primary

nighttime residence. 3. Homeless youth, or families with children and youth under other federal statutes. 4. Any individual or family fleeing or attempting to flee domestic violence. Properties subsidized through the LDCHA Homeless Transitional Housing Program must be in the City of Lawrence. MTW Transition Vouchers for Special Populations The LDCHA created through the MTW Program transitional vouchers that provide 24 months of TBRA to the following special populations: Safe Housing Voucher – for victims of domestic violence Douglas County Re-entry – for individuals participating in the Douglas County Sheriff’s Office Re-entry Program Next Step – for youth aging out of foster care New Horizons – for families with children at the Lawrence Community Shelter

LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING

June 26, 2017

AGENDA ITEM 5E: Public Housing 2012 Operating Reserve Offset Litigation BACKGROUND: Attached is a letter from two industry associations inviting housing authorities to participate in a lawsuit to recover the allocation adjustment / reserve offset from the public housing 2012 operating subsidy. The LDCHA had the option to join the suit in 2012, but elected not to join. In January of 2017 the Federal Claims Court ruled that HUD breached the Annual Contribution Contract because it did not prorate the same for all housing authorities. It is not known at this time if HUD is appealing this decision. CURRENT ISSUE: The attached letter is offering additional housing authorities the opportunity to seek the recoupment of the funds that were offset. The cost is $3,000 to participate for a housing authority with more than 250 units. The LDCHA’s 2012 reserve offset was $265,004, and the damage amount would be $159,640 which is the difference from the offset versus what we would have received with an 81% allocation. Additionally, these funds would be returned from the US Treasury, not HUD, and would be unencumbered. Housing Authorities are prohibited from using federal funds to support litigation against the federal government. The LDCHA has non-federal funds available in the Lawrence Expanded Housing accounts. The deadline to participate is August 15. BOARD ACTION: Review and discuss.