McKean County ESG Program Emergency Solutions Grant McKean County Commissioners, Grantee Administered by A Partnership in Housing, Inc. Policies and Procedures I. PROGRAM OVERVIEW The McKean County Emergency Solutions Grant (ESG) Program was created to aid households who are homeless or at eminent risk of homeless. For those who are homeless, ESG will provide rapid rehousing assistance. Possible assistance to re-house households as quickly as possible including all eligible components under Rapid Re-housing including: financial assistance, rental assistance (short or medium-term) and services. The mission of the Rapid Re-housing component is to quickly rehouse the individual/family and to reconnect them to services and supports in the community. The homeless prevention component may assist households who would lose the housing within 21 days without the homeless prevention assistance. Assistance may include all eligible components under homeless Prevention including: financial assistance, rental assistance (short or medium-term) and services. The mission is to provide the housing assistance necessary to avert the housing crisis and minimize the trauma that can occur if a family becomes homeless. Priority will be given to homeless families, chronically homeless individuals/families, youth (including those exiting the child welfare system), veterans and those fleeing or attempting to flee domestic violence. ELIGIBILITY A. Rapid Re-Housing: Individuals/Families who are currently homeless and need assistance to obtain and maintain housing. Individuals /households must meet the HEARTH “Homeless” Definition: a. The individual/family lacks a fixed, regular and adequate nighttime residence. The household has a primary residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation. This could include a car, park, abandoned building, bus or train station, airport, or campground. b. The individual/family is living in a supervised public or private shelter designated to provide temporary living arrangements. This could include congregate shelter, transitional housing or hotels/motels paid for by charitable organizations or federal, state or local government programs for low income individuals. c. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or places not meant for human habitation immediately prior to entering the institution. d. An individual/family who is fleeing or attempting to flee domestic violence in the household’s primary nighttime residence or has made the individual/family afraid to return to their primary nighttime residence; has no other residence; and lacks the resources or support networks to obtain other permanent housing. To be eligible individuals and households must meet the following requirements: a. No appropriate subsequent housing options have been identified b. The household lacks the financial resources and support networks needed to obtain immediate housing c. Must meet income eligibility-at or below 50% AMI B. Prevention: Individuals/Families who are at risk of losing their current housing and need temporary assistance to prevent them from becoming homeless. a. To be eligible, individuals and households must meet all of the following requirements i. At the time of application, the household must be within 21 days of losing their primary nighttime residence ii. No appropriate subsequent housing options have been identified iii. The household lacks the financial resources and support networks needed to remain in its existing housing iv. Must meet income eligibility-at or below 30% of Area Median Income (AMI) C. Target Populations: a. Homeless families b. Chronically homeless individuals/families c. Youth (including those exiting the child welfare system) d. Veterans e. Fleeing or attempting to flee domestic violence II. ELIGIBLE PROGRAM ACTIVITIES AND EXPENSES MC ESG assistance is temporary. It is not intended to provide long-term support for program participants; it cannot address all of the financial and supportive service needs of households that affect housing stability. Participants will work with case management to identify necessary supports and apply for any and all benefits programs for which they may be eligible. Persons who are in need of long term supports to maintain housing will be referred to Permanent Supportive Housing Programs available in the county or through regional Continuum of Care projects. A. Financial Assistance 1. The amount of Security Deposit must be documented in the lease and equal no more than 1 months’ rent. 2. Security Deposits will be paid directly to the landlord. 3. A statement from the utility provider is necessary for standard payment of utility deposit. 4. Tenant paid utilities must be documented in the lease. 5. Ongoing utility payments can be made for up to 24 months (including up to 6 months of arrearages). Utility payments will be made based on the Utility Allowance for unit type and bedroom size as used by the McKean County Redevelopment & Housing Authority Housing Choice Voucher Program. 6. Utility account must be in a household members’ name. 7. The participant must provide a copy of the current utility bill. 8. All utility deposits and payments will be paid directly to the utility company. 9. MC ESG can only assist with utility arrearages of six months or less. B. Services Costs 1. Housing Search and Placement to include: assessment of housing barriers (Self Sufficiency Matrix), housing needs and preferences; develop an Housing Stability Plan; housing search and negotiation with the landlord/owner; assistance with submitting rental applications and understanding leases; assessment of housing for Housing Quality Standards, lead based paint and rent reasonableness; assistance with obtaining utilities and tenant counseling. 2. Housing Stability Case Management to assess, arrange, coordinate and monitor the delivery of individualized services to facilitate housing stability. Case management will follow up and continue the development of the individualized Housing Stability Plan; the Housing Stability Plan will include a realistic plan for self-sufficiency; facilitate applications for mainstream benefits programs ( Medicaid, SNAP, TANF, SSI/SSDI as well as any other mainstream program for which the household may be eligible), coordinate services and referrals for supportive services in the community (mental health, substance abuse treatment, medical, employment, parenting, education, etc.). Assistance may not exceed 30 days during the period of time a person is looking for permanent housing and cannot exceed 24 months while a person is living in permanent housing. 3. Mediation between the participant and owner or person with whom the participant is residing providing the mediation is necessary to prevent the participant from losing permanent housing in which they reside. 4. Legal Services – Case management will refer participants to Northwest Legal Services for legal issues that prohibit participants from obtaining or maintaining permanent housing. 5. Credit Repair services such as budgeting, money management, accessing a free credit report and resolving credit problems. No funds are permitted to be used to make payments or modifications of debt. Requirements and Restrictions for Services include: participants must meet with a case manager at least once per month for the duration of assistance. Participants will be assisted as needed in obtaining appropriate supportive services such as medical, mental health, substance abuse treatment and supportive living services. Participants will also be assisted as needed in obtaining mainstream benefit programs. C. Short and Medium Term Rental Assistance a. Can be provided for individuals/families to remain in their current housing (prevention) or to obtain and remain in a rental unit they select (rapid re-housing). b. Rental assistance can be either short term (up to 3 months) or medium term (4 to 24 months). c. Each participant’s housing must meet McKean County Fair Market Rent guidelines and “Rent Reasonableness” standards in comparison with other similar rental units in the same area. d. A legally binding lease must be in place between the landlord and the program participant. This lease will include the unit address, a list of all household members, amount of rent and security deposit as well as the lease term. e. Rental assistance can pay a maximum of six months rental arrears f. Rental assistance can be provided for a maximum of 24 months (including arrearages). g. Participants receiving Homeless Prevention services will be re-evaluated for program eligibility and the types and amounts of assistance at least once every three months. h. Participants receiving Rapid Re-housing assistance will be re-evaluated at least annually for program eligibility and amounts and types of service. i. Rental payments cannot be made on subsidized rental units. Up to 6 months of arrearages are eligible for assistance. j. The rental assistance agreement with the unit owner must contain the same payment due date, grace period and late payment penalty requirements as the program participant’s lease. k. The program participant must make timely payments to the owner in accordance with the rental assistance agreement. l. Late payment penalties are solely the responsibility of the program participant. No ESG funds will be paid for late payments to the unit owner. D. HMIS 1. The Housing and Homeless Services Coordinator at APIH is a trained agency manager and user on the PA HMIS. 2. All program participants will sign the PA HMIS Release of Information to determine the level of sharing. 3. All required HMIS data elements will be inputted into the PA-HMIS system. 4. Staffing costs to contribute the data in the HMIS and to submit required reports through HMIS. E. RESIDENCY REQUIREMENTS a. MC ESG does not place residency requirements on program participants. Applicants must meet eligibility requirements as outlined by the program. b. This program is targeted to McKean County residents but could serve individuals/families relocating to this county. There are no income requirements or family composition requirements. This program could serve households beyond the county borders if the household has exhausted all resources in the home county and provides written documentation. The case management activities would need to be assumed and paid for by an agency in the receiving county. F. Administrative Costs 1. General management and oversight of the MC ESG Program 2. Training on ESG requirements 3. Environmental Review compliance 4. These do not include the costs of issuing financial assistance, providing housing relocation and stabilization services, or carrying out eligible data collection and evaluation activities. These costs are included under other eligible activity categories. G. INELIGIBLE AND PROHIBITED ACTIVITIES 1. Mortgage costs or any homeowner costs needed to assist with any fees, taxes, or other costs of refinancing a mortgage to make it affordable, unless the client is being 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. foreclosed upon and is in need of rapid re-housing assistance for a rental property and the client has met all other eligibility criteria Charging a client/program participant a fee for service Rental assistance exceeding 24 months Construction or rehabilitation expenses Credit card bills or other consumer debt Participant car repair or other transportation costs Participant transportation or travel costs Food Medical/dental care and medications Clothing and grooming Home furnishings Child care Pet care Entertainment activities Work or education related materials Direct cash assistance to program participants Employment training Certifications, licenses, and general training classes H. INCOME ELIGIBILITY AND INCOME VERIFICATION 1. Individual/household must be at or below 30% AMI for prevention activities and at or below 50% AMI for rapid re-housing assistance. 2. All household income must be third party verified. Participating household must provide third party documentation of ALL income coming into the household –such as paystubs, Social Security income verification, statements from agencies providing assistance and signed letters stating amounts of income 3. Program participants will pay 30% of adjusted gross household income (per the Housing Choice Voucher guidelines) for rent and utilities. I. DOCUMENTATION 1. Documentation needed for MC ESG Program activities – required to maintain adequate and easily identifiable documentation to determine eligibility of program participants served. A copy of the documentation for any Financial Assistance must also be maintained in the client file. At minimum, documentation should include the following: HOMELESS PREVENTION DOCUMENTATION Situation Rental by Applicant: Potential loss of housing due to non-payment or other lease violation Rental by Applicant: Potential loss of housing due to non-payment/shut-off of utilities Rental by Applicant: Potential loss of housing due to foreclosure on rental property Other Housing Occupied by Applicant without Paying Documentation Needed Eviction letter from landlord/property manager Copy of lease naming client as lease holder Copy of utility shut-off notice from utility company Copy of lease naming client as lease holder AND stating utilities are the responsibility of the tenant Copy of foreclosure notice for building Copy of lease naming applicant as lease holder Eviction letter from family member/friend Rent: Living with friends/family. Potential loss of housing due to eviction by friend/family member Rental by Applicant without Paying Rent: Potential loss of housing due to inhabitable conditions Copy of lease naming applicant as leaseholder Copy of notice from landlord/property manager, public health, code enforcement, fire marshal, child welfare or other government entity that housing is condemned Copy of lease naming applicant as leaseholder or other written occupancy agreement identifying applicant as legal tenant of unit. Homeless Verification and Documentation for Rapid Re-housing Situation Documentation HMIS record of shelter stay: Obtain HMIS record showing shelter stay concurrent with MCHPRRP program entry data Include HMIS record in MCHPRRP participant file Or Obtain third party documentation from the Sleeping in an Emergency Shelter Emergency Shelter provider written on agency letterhead, dated and signed by the agency representative documenting the shelter stay including dates of stay. Include Homeless Certification in MCHPRRP participant file Staying in a place not meant for human habitation (e.g. Parks, cars, abandoned buildings, streets/sidewalks, tents, etc.) Hospital or Other Institution Must meet two conditions: 1. Stay in a hospital or other institution has been for 90 days or less 2. Was sleeping in an emergency shelter or other Written homeless certification: Obtain third party documentation from the homeless street outreach worker or third party referral source. The documentation must be on agency letterhead, dated and signed by the agency representative. The letter must include: 1.The date(s) the applicant resided in the place not meant for human habitation; 2. Location Include Homeless Certification in MCHPRRP participant file Self- declaration of Homeless is the least preferred method of documenting homelessness. Obtain dated and signed original self-declaration from applicant Referral source must sign the self-declaration and document the attempt to obtain written third party verification Include self-declaration form in participant file Letter from hospital or other institution: Letter from hospital or other institution Letter must: o Be on hospital or other institution letterhead o Include statement verifying place not meant for human habitation immediately prior to institutionalization Transitional Housing hospital/institution stay of MCHPRRP applicant o Include hospital/institution admission and discharge dates verifying that stay has been for 90 days or less o Be signed and dated by hospital/institution representative Include hospital/institution letter in participant file HMIS record of shelter stay: Obtain HMIS record showing shelter stay concurrent with institution entry date HMIS record must indicate stay immediately prior to (i.e. the day before or same day as) hospital/institution admission date Include HMIS record in MCHPRRP participant file Or Obtain third party documentation from the Emergency Shelter provider written on agency letterhead, dated and signed by the agency representative documenting the shelter stay. Include statement verifying shelter stay immediately prior to hospital/institution admission date Include Homeless Certification in MCHPRRP participant file Staying in a place not meant for human habitation: Obtain third party documentation from the homeless street outreach worker or third party referral source. The documentation must be on agency letterhead, dated and signed by the agency representative. The letter must include: 1.The date(s) the applicant resided in the place not meant for human habitation; 2. Location Include Homeless Certification in MCHPRRP participant file Self- declaration of Homeless is the least preferred method of documenting homelessness. Obtain dated and signed original self-declaration from applicant Referral source must sign the self-declaration and document the attempt to obtain written third party verification Include self-declaration form in participant file Written homeless certification: Obtain Homeless Certification from transitional housing provider. The Homeless Certification must , at minimum, contains the following: o Name of transitional housing program o Statement verifying current transitional Domestic Violence All Components J. housing occupancy of MCHPRRP applicant o Statement indicating the MCHPRRP applicant is graduating from or timing out of transitional housing program o Statement verifying MCHPRRP applicant was residing in emergency shelter or place not meant for human habitation immediately prior to transitional housing admission o Signed and dated by authorized transitional housing provider representative Include Homeless Certification in MCHPRRP participant file Domestic Violence provider letter: Obtain letter from Domestic Violence provider Letter must be on agency letterhead, dated and signed by the agency representative. The statement must include: date the applicant fled domestic violence Verifies that the applicant has no other residence The applicant lacks the resources or support networks to obtain other permanent housing. Include the certification in the MCHPRRP participant file Self- declaration of Homeless is the least preferred method of documenting homelessness. Obtain signed and dated original self-declaration from applicant MCHPRRP case manager must document attempt to obtain written third party verification and sign self-declaration form Include self-declaration in participant file TERMINATION OF PARTICIPATION, DENIAL AND GRIEVANCE PROCEDURES 1. Termination of Participation and Grievance Procedures Causes for termination from the program may include, but are not limited to, failure to abide by the program requirements, for non-payment of rent, lease violations, non-compliance with project, criminal activity, destruction of property and reached maximum time allowed in the program. The Program may resume assistance to a program participant whose assistance was previously terminated. In terminating assistance to a program participant, MC ESG Program must provide a process that recognizes the rights of individuals receiving assistance to due process of law. This process must consist of: a. Written notice to the program participant containing a clear statement of the reasons for termination b. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person who made or approved the termination decision c. Prompt written notice of the final decision to the program participant 2. Applicant Denial and Grievance Procedures Denial of assistance may include but is not limited to: a. The individual/household’s ineligibility of the program b. Failure to provide verifiable evidence of eligibility c. Failure to prove working toward self-sufficiency d. Failure to meet with the case manager at least monthly. The case manager will provide written documentation of the attempts to meet with the household. All denials will be in written format and sent to the individual/family indicating the program requirements and how the applicant does not fit these requirements. K. Appeal Process 1. If the individual/household does not agree with the denial or termination decision, the individual/household has a right to appeal the decision for review. 2. Appealed decisions must be made within 10 days of the notification, by contacting the following: Dusti Dennis, Executive Director McKean County Redevelopment & Housing Authority 11 Campus Drive Bradford, PA 16701 3. The Executive Director will review the file and the decision, make a final decision, and respond to the individual/household within 10 days of the appeal letter. L. NONDISCRIMINATION AND EQUAL OPPORTUNITY REQUIREMENTS The MCRHA must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In addition, agencies must make known that MCHPRRP rental assistance and services are available to all on a nondiscriminatory basis and ensure that all interested parties have equal access to information about MCHPRRP and equal access to the financial assistance and services provided under this program. Among other things, this means that MCRHA must take reasonable steps to ensure meaningful access to programs to persons with Limited English Proficiency (LEP), pursuant to Title VI of the Civil Rights Act of 1964. This may mean providing language assistance or ensuring that program information is available in appropriate languages for the geographic area served by the jurisdiction and that limited English proficient persons have meaningful access to MCHPRRP assistance. In addition, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. If the procedures that MCRHA intend to use to make known the availability of the rental assistance and services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such rental assistance and services, MCRHA must establish additional procedures that will ensure that such persons are made aware of the rental assistance and services. M. FAIR HOUSING Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. MCRHA has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. Examples of affirmatively furthering fair housing include: (1) marketing the program to all eligible persons, including persons with disabilities and persons with limited English proficiency (2) making buildings and communications that facilitate applications and service delivery accessible to persons with disabilities (3) providing fair housing counseling services or referrals to fair housing agencies (4) informing participants of how to file a housing discrimination complaint, including providing the toll-free number for the Housing Discrimination Hotline: 800-669-9777 (5) recruiting landlords and service providers in areas that expand housing choice to program participants. N. LEAD BASED PAINT REQUIREMENTS The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to housing occupied by households receiving assistance provided to a family with children under the age of six residing or about to reside in housing built before 1978. O. CONFIDENTIALITY OF CLIENT RECORDS MCRHA has policies and procedures ensuring client records are maintained in a confidential manner, and that the address or location of an assisted housing will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of MCRHA. P. RENT REASONABLENESS &FAIR MARKET RENT Q. HOUSING QUALITY STANDARDS AND INSPECTIONS Organizations providing rental assistance with ESG funds are required to conduct initial and necessary follow-up inspections of housing units into which a program participant will be moving. Units are inspected on an annual basis and upon a change of tenancy. MC ESG Program will conduct Housing Quality Standards inspections rather than Habitability Standards Inspections. These inspections will be completed by the Housing Authority staff that are trained in conducting Housing Quality Standards inspections. The stricter inspection level was chosen since many households will transition to the Housing Choice Voucher program. **Complete records of inspections and follow-up actions are maintained in participant files R. PROGRAM ADMINISTRATION 1. Grantee: McKean County Commissioners 2. Sub grantee: A Partnership in Housing, Inc. 3. System for Award Management Registration and DUNS number The County and A Partnership in Housing, Inc. are registered with Dun and Bradstreet and renew their registration with the System for Award Management annually. 4. Grantee Responsibilities a. The Grantee will have a written contract with the Sub grantee. b. The Grantee will monitor the Sub grantee annually at a minimum. c. The Grantee will ensure that at least 50% of ESG funds will be drawn down within the first year of the contract. d. The Grantee will ensure that invoicing occurs at least quarterly. 5. Sub grantee Responsibilities a. APIH will ensure the Environmental Review is completed before any funds are expended. b. It is the responsibility of APIH to ensure that program participants meet MC ESG Program eligibility requirements. c. APIH is responsible to maintain generate invoices and submit the required documentation for invoices to the Lead agency for approval. The Sub-grantee will be responsible to submit the invoices to DCED for payment. d. It is the responsibility of APIH to ensure that program participants meet MC ESG Program eligibility requirements e. APIH is responsible for submitting al required reports to DCED by the due dates determined by the grantor. S. Reuse Plan for Program Income generated from the return of Security and/or Utility Deposits. a. If program income is generated during the ESG contract period, from a security and/or utility deposit, the agency will reallocate the generated funds back into MC ESG Program financial assistance section, so that additional financial assistance may be provided. b. If the deposits are returned to APIH after the end of the ESG contract period, the program income will be reallocated to provide security and/or utility financial assistance. T. FORMS 1. Each Participant File Contains a. MC ESG Intake Form b. Proof of Homelessness c. Proof of Household Income d. Asset Declaration form e. Household verification forms – Birth Certificates, Social Security cards, photo ID f. Self-Sufficiency Matrix g. Housing Services agreement h. MC ESG Release of Information i. HMIS client Consent form j. Application approval or denial form k. Projected Amount of funds needed to aid client form l. Letters explaining other agency funding/exhausted all other housing options m. Declaration of 214 Status Form n. Monthly Budget o. Housing Inspection Form p. Rent Reasonableness Form q. Eviction Letter from Landlord/if applicable r. Landlord Request for Financial Assistance/if applicable s. Rental Agreement t. Copy of Property Lease u. Lead Based Paint Certification v. Copy of Utility bill or shut off notice w. Housing Stability Plan x. Re-certification Forms y. Housing Progress Case Notes z. Program exit checklist