New Mexico Mortgage Finance Authority
Rental Assistance Program (RAP) Manual
Revised July, 2015
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Table of Contents
New Mexico Mortgage Finance Authority
Rental Assistance
Program (RAP) Manual ................................................................................................................................. 1
Program Section ........................................................................................................................................ 4
Background ............................................................................................................................................... 4
General Program Requirements ............................................................................................................... 4
Eligible Activities ....................................................................................................................................... 7
Beneficiary Eligibility ................................................................................................................................. 9
Policy and Procedure for Determining and Prioritizing Eligible Families................................................ 11
Client Intake ............................................................................................................................................ 11

Participant File Checklist ............................................................................................................. 12

Rental Assistance Program Application for Assistance Homeless Certification: refer to
Homeless Verification Guide (below) and HUD’s Criteria for Defining Homeless and Recordkeeping
Requirements (attached) ................................................................................................................... 12

Self-Declaration of Housing Status / Homeless Certification...................................................... 12

Housing Stability Plan (Two samples provided) .......................................................................... 12

Verification of Income at or below 30% AMI: Refer to HUD Exhibit 5-5 : Verification
Requirements ...................................................................................................................................... 12
o
Verification of Employment ........................................................................................................ 12
o
Verification of Public Assistance Income .................................................................................... 12
o
Verification of Social Security Benefits ....................................................................................... 12
o
Verification of Child Support Payments ...................................................................................... 12
o
Verification of Recurring Cash Contributions ............................................................................. 12
o
Certification of Zero Assets ......................................................................................................... 12
o
Certification of Zero Income ....................................................................................................... 12
o
Request for Verification of Assets on Deposit ............................................................................ 12

MFA Rent Calculation Form ........................................................................................................ 12

Request for Lease Approval ........................................................................................................ 12

MFA Unit Eligibility Form ............................................................................................................ 12

Rent Reasonableness .................................................................................................................. 12

Maximum Occupancy under Housing Quality Standards ........................................................... 12
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
Lease Review Checklist ............................................................................................................... 12

Lease Addendum......................................................................................................................... 12

Lead Based Paint Disclosure ....................................................................................................... 12

Rental Assistance Contract (with Landlord) ................................................................................ 12

Housing Quality Standards (HQS) Inspection Form .................................................................... 12
Homeless Documentation Guide ............................................................................................................ 13
Term of Assistance .................................................................................................................................. 16
Terminating Assistance ........................................................................................................................... 16
Conflicts of Interest ................................................................................................................................. 17
Administrative Section ............................................................................................................................ 19
Scope of Work / Benchmarks.................................................................................................................. 19
Outreach Plan ......................................................................................................................................... 19
Request for Reimbursement ................................................................................................................... 20
Monthly Report – HMIS ESG APR Report for State Homeless & ESG Clients ......................................... 20
Monthly Report – HQS List of Units Inspected ....................................................................................... 20
Budget Adjustment Requests ................................................................................................................. 20
Monitoring .............................................................................................................................................. 21
Program Compliance & Fiscal Operations .......................................................................................... 21
onitoring Units .................................................................................................................................... 21
References .............................................................................................................................................. 21
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Program Section
Background
The primary objective for the Rental Assistance Program (RAP) is to provide rapid re-housing assistance
to individuals or families who are literally homeless. The secondary objective is to prevent families from
becoming homeless. MFA receives funding from the Emergency Solutions Grant Program (ESG),
authorized under the McKinney Homeless Assistance Act, as amended by the HEARTH Act of 2009, 24
CFR Part 576 and from the State of New Mexico Homeless funds.
This manual is intended as a reference guide for RAP agencies. It does not include all of the agency
requirements outlined in the Performance Agreement.
General Program Requirements
1. Funds may not be used to replace lost federal funding.
2. ESG/State Funds may not be used except as allowed by the ESG regulations at 24 CFR 576, as
amended by the HEARTH Act.
3. The focus of the Rental Assistance Program is to house individuals and families living on the
streets or in emergency shelters and to prevent individuals and families from becoming
homeless.
4. Documentation of Homelessness. Service Providers will be required to verify and certify the
status of eligible beneficiaries as meeting the definition of homelessness, as described in the
Beneficiary Eligibility Section below.
5. Income Verification. Service Providers are required to verify and certify the income of eligible
beneficiaries through source documentation in accordance with HUD’s Part 5 definition of
income, or other definitions as directed by the MFA. Adjusted income and rent calculations will
be conducted in accordance with 24 CFR 5.609; MFA provides a form to calculate adjusted
income, tenant rental payments and rent subsidy.
6. Housing Quality Standards (HQS). Any building in which TBRA or ESG Short and Medium term
rental assistance-funded housing is provided for eligible beneficiaries must meet the HQS for
structure, access, space and security, interior air quality, water supply, sanitary facilities,
thermal environment, illumination and electricity, food preparation and refuse disposal and fire
safety, more fully described at 24 CFR 982.401.
7. HMIS. Service Providers are required to use HMIS to enter data for all clients served by ESG
funding.
8. Rental Assistance Agreement and Lease Standards.
a. The rental assistance agreement must set forth the terms under which rental assistance
will be provided.
b. The rental assistance agreement must contain the same payment due date, grace
period, and late payment penalty requirements as the program participant’s lease.
c. The recipient (RAP agency) or sub recipient (client) must make timely payments to
owners in accordance with the rental assistance agreement.
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9.
10.
11.
12.
d. The recipient or sub recipient is solely responsible for paying (with non-ESG funds) late
payment penalties that it incurs.
e. Each participant receiving rental assistance must have a legally binding, written lease
(between the owner and participant) for the rental unit, unless the assistance is solely
for rental arrears.
f. Project-based rental assistance leases must have an initial term of one year.
Rent Standard. The rent standard will be the current fair market rent as published annually by
HUD, or the HUD-approved local housing authority payment standard.
Utility Allowances. Utility allowance schedules must be obtained from the local public housing
authority on an annual basis for each county in the service area in order to determine the
portion of the subsidy for utilities.
Lead-Based Paint. Service Providers must adhere to the requirements of 24 CFR 35 as it pertains
to the notification, identification and control of hazards associated with lead-based paint in
units assisted with ESG funds.
Case Management. Service Providers are required to provide case management and document
a housing stability plan with eligible beneficiaries.
a. Participants of ESG Housing Relocation and Stabilization Services must meet with a
case manager at least once a month for the duration of assistance, except where funded
under Violence Against Women’s Act (VAWA) or FVSP prohibits the recipient or
subrecipent from making shelter or housing conditional upon the receipt of services.
Monthly case management should address the following items:
i. Assist the program participant in long-term housing stability
ii. Develop a plan to assist program participants to retain permanent housing after
ESG ends.
b. Participants of ESG Housing Relocation and Stabilization Services must be assisted, as
needed in obtaining appropriate supportive services (such as medical or mental health
treatment or services essential for independent living) and/or mainstream benefits such
as Medicaid, SSI or TANF.
c. Agencies may not require persons with disabilities to participate in medical or disability
related services as part of a self-sufficiency program; family’s failure to continue
participation in self-sufficiency program would not be permitted as a basis for
terminating assistance, but renewal of assistance is permitted to be conditioned on
participation.
d. Supportive services related to a disability cannot be mandatory for tenants.
e. Tenant’s failure to follow a transitional housing services plan is permissible basis for
terminating tenancy or refusing to renew a lease. An increase in tenant’s income does
not constitute good cause for termination or refusal to renew.
f. ESG program participants must be re-evaluated not less than every three (3) months
for persons receiving Homeless Prevention assistance and not less than annually for
receiving Rapid Re-Housing assistance. Re-evaluation must establish that:
i. The program participant does not have an annual income that exceeds 30
percent of median family income for the area, as determined by HUD; and
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ii. The program participant lacks sufficient resources and support networks
necessary to retain housing without ESG assistance.
g. Program participants receiving ESG Homeless Prevention and Rapid Re-Housing
assistance to notify the service provider regarding changes in the program participant’s
income or other circumstances (household composition, etc.) that affect the program
participant’s eligibility and the amount and types of assistance the program participant
needs.
13. Referrals. Service Providers are required to collaborate and accept referrals from local service
providers, including local shelters.
Create Agency Policy that outlines the re-evaluation process.
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Eligible Activities
Service Providers are required to perform all eligible activities, except those listed as optional.
Rental Assistance includes the following eligible activities:
1. One-time assistance for security deposits within 2 years.
2. One-time assistance to tenants for utility deposits (gas, electric, water and sewage within 2
years.
3. If funding allows, up to 11 months rental assistance to allow low-income tenants to secure
permanent housing. Service Providers may propose a policy to MFA to reduce the maximum
amount of months of rental assistance.
ESG Rapid Re-Housing provides assistance to individuals and families, who are literally homeless, see
definition of homeless under Eligibility Section. ESG Homeless Prevention provides assistance to
prevent persons from becoming homeless. Rapid Re-Housing and Homeless Prevention includes the
following eligible activities:
1. Housing relocation and stabilization services including:
a. Financial assistance:
i. rental application fees
ii. security deposits (equal to no more than 2 months rent)
iii. last month’s rent
iv. moving costs (truck rental or hiring a moving company, certain temporary
storage fees for up to 3 months. Storage arrears are not eligible.)
v. utility deposits, utility payments (up to 24 months of utility payments per
participant per service including up to 6 months of arrearages per service)
b. Services with housing search and placement:
i. Assessment of housing barriers, needs and preferences
ii. Development of an action plan for locating housing
iii. Housing search and outreach to and negotiations with owner
iv. Assistance with submitting rental applications and understanding leases
v. Assessment of housing for compliance with ESG requirements for habitability,
lead based paint, and rent reasonableness
vi. Assistance with obtaining utilities and making moving arrangements
vii. Tenant counseling
c. Housing Stability and Case Management to assess, arrange, coordinate and monitor the
delivery of individualized services to facilitate housing stability including:
i. Using HMIS to conduct the initial evaluation and re-evaluation
ii. Counseling
iii. Developing, securing and coordinating services including Federal, state and local
benefits
iv. Monitoring and evaluating program participant progress
v. Providing information and referrals to other providers
vi. Developing an individualized housing and service plan
vii. Conducting re-evaluations
d. Mediation between the program participant and the owner or person(s) with whom the
program participant is living, to prevent the program participant from losing permanent
housing in which they currently reside.
i. Time and/or services associated with mediation activities
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e. Legal Services to resolve a legal problem that prohibits the program participant from
obtaining or maintaining permanent housing.
i. Hourly fees for legal advice and representation
ii. Fee based on the actual service performed (fee for service), but only if the cost
would be less than the cost of hourly fees
iii. Client intake, preparation of cases for trial, provision of legal advice,
representation at hearings and counseling
iv. Filing fees and other necessary court costs
v. Sub recipient’s employees’ salaries and other costs necessary to perform the
services, if the sub recipient is a legal services provider and performs the
services itself
vi. Legal representation and advice may be provided for the following services only
if they are necessary to resolve a legal matter that prevents a participant from
obtaining or maintaining permanent housing.
1. Landlord/tenant matters
2. Child support
3. Guardianship
4. Paternity
5. Emancipation
6. Legal separation
7. Resolution of outstanding criminal warrants
8. Orders of protection any other civil remedies for victims of domestic
violence, dating violence, sexual assault, and stalking
9. Appeal of veterans and public benefit claim denials.
f. Credit repair services necessary to assist program participants with critical skills related
to household budgeting, manage money, accessing a free personal credit report, and
resolving personal credit problems including:
i. Credit counseling and other related services
2. ESG Short and Medium Term Rental Assistance
a. Short term rental assistance (up to 3 months)
b. Medium term rental assistance (4 to 24 months)
c. Payment of rental arrears (one-time payment up to 6 months, including any late fees on
those arrears)
d. Any combination of the three types of rental assistance (a-c). The total may not exceed
24 months during any 3 year period, including any payment for last month’s rent.
The following outline additional requirements for Short and Medium Term Rental Assistance:
In addition to the General Program Requirements listed above, the following additional requirements are
applicable to ESG Short and Medium Term Rental Assistance:
1. No rental assistance can be provided to a household receiving rental assistance from another
public source for the same period (except 6 months of arrears), including TBRA.
2. Rental assistance may not be provided to a participant who is currently receiving replacement
housing payments under the URA (Uniform Relocation Assistance).
3. If funding allows, participants may receive up to 11 months rental assistance during a program
year to allow low-income tenants to secure permanent housing.
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4. The maximum total period for which any program participant may receive the services must not
exceed 24 months during any 3-year period. RAP agencies must track each participant’s period
receiving services through HMIS or another internal system.
Beneficiary Eligibility
For an individual or family to be eligible to receive ESG Homeless Prevention or ESG Rapid Re-Housing,
they must meet the following eligibility requirements:
1. At the time of application for assistance, the household income must be at or below 30% of the
Area Median Income (AMI) for the county where the household resides. Income documentation
must be provided and verified at the time of application. Agencies must examine at least 3
months of earning documentation as a minimum standard.
2. Households must meet the HUD definition of homeless or at-risk of homelessness (refer to
Homeless Documentation Guide Section). Homeless is defined by meeting one of the following
four (4) categories:
a. Literally homeless individuals/families
i. In places not meant for human habitation, such as cars, parks, sidewalks,
abandoned buildings, or on the street;
ii. In an emergency shelter;
iii. Exiting an institution where they resided for 90 days or less AND were residing
in emergency shelter or place not meant for human habitation immediately
before entering institution;
b. Individuals/families who will imminently lose their primary nighttime residence within
14 days AND
i. No subsequent residence has been identified AND the person lacks the
resources and support networks needed to obtain other permanent housing
c. Unaccompanied youth under 25 or families with children and youth who do not
otherwise qualify as homeless, but who:
i. Meet homeless definition under another federal statue; AND
ii. Have not had a lease, ownership interest, or occupancy agreement in
permanent housing at any time in the last 60 days; AND
iii. Have experienced two or more moves during last 60 days; AND
iv. Can be expected to continue in such status for an extended period of time
because of:
1. Chronic disabilities, OR
2. Chronic physical health or mental health conditions, OR
3. Substance addiction, OR
4. Histories of domestic violence or childhood abuse (including neglect) OR
5. Presence of a child or youth with disability, OR
6. Two or more barriers to employment
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d. Individuals/family fleeing or attempting to flee domestic violence, dating violence,
sexual assault, stalking, or other dangerous or life-threatening conditions related to
violence, who:
i. Have identified no subsequent residence; AND
ii. Lack the resources and support networks needed to obtain other permanent
housing.
3. Households must meet either the HUD definition of homeless or at-risk of homelessness (refer
to Homeless Documentation Guide Section). At-risk of homelessness is defined by:
a. Individuals/families have annual incomes below 30% AMI; AND
b. Do not have sufficient resources or support networks immediately available to prevent
literal homelessness; AND
c. Meet at least one of 7 conditions:
i. Moved two or more times due to economic reasons in 60 days prior to
application for assistance; OR
ii. Living in home of another due to economic hardship; OR
iii. Losing housing within 21 days after application date; OR
iv. Live in hotel/motel not paid for by charitable organizations or
Federal/state/local government programs; OR
v. Lives in an SRO or efficiency apartment unit in which there resides more than 2
person or lives in a larger housing unit in which there resides more than one and
a half persons per room; OR
vi. Exiting publicly funded institution or system of care; OR
vii. Lives in housing associated with instability and increased risk or homelessness,
as defined in the Consolidated Plan
d. Children/youth who qualify under other federal statues
i. Does not include children/youth who qualify under the homeless definition
ii. Does not include parents or guardians
iii. Regulations include the list of applicable other applicable other federal statutes.
e. Children/youth who qualify as homeless under the Education for Children and Youth
Program (725(2) of the McKinney-Vento Act) and the parents or guardians of that
child/youth if living with him/her.
4. Households must contribute to a minimum rent payment. The rent payment will be the greater
of:
a. 30% of monthly adjusted gross income, or
b. 10% of monthly gross income, or
c. Minimum contribution of $1.00
5. The household must participate in a housing stability planning process and agree to a
reasonable plan for housing stability, demonstrating that there is a reasonable prospect that the
family will be able to resume payments within a reasonable period of time.
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Policy and Procedure for Determining and Prioritizing Eligible Families
The priority of the Rental Assistance Program is to help individuals and families overcome the immediate
housing obstacles and connecting them with the resources they need to stay housed when the program
ends though case management and assistance creating a housing stability plan. Prioritization to receive
rapid re-housing and homeless prevention assistance is as follows:
1. Currently homeless
a. Homeless family with children
b. Homeless individual or couple without children
2. Living in a shelter
a. Family with children in a shelter
b. Individual or couple without children in a shelter
3. Facing Eviction
a. Received a court ordered Judgment for Eviction
i. Family with children facing eviction
ii. Individual or couple without children facing eviction
b. Received a 3-day notice for eviction from landlord
c. Families with children facing eviction
d. Individual or couple without children facing eviction
4. Other homeless or risk of homelessness
Client Intake
The following lists outlines the necessary documentation required to qualify for the Rental Assistance
Program, as determined by HUD. The forms are included in the RAP Manual folder and also available at
MFA’s Rental Assistance Program webpage: http://www.housingnm.org/rental-assistance-program
The purpose of the intake process in to verify eligibility for all of those who seek assistance including
those who are determined to be ineligible. If a person is determined to be ineligible for assistance, the
reason for ineligibility must be documented in the file.
Create Agency Policy to outline the client intake process and staff work flow.
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
Participant File Checklist

Rental Assistance Program Application for Assistance Homeless Certification: refer to
Homeless Verification Guide (below) and HUD’s Criteria for Defining Homeless and
Recordkeeping Requirements (attached)

Self-Declaration of Housing Status / Homeless Certification

Housing Stability Plan (Two samples provided)

Verification of Income at or below 30% AMI: Refer to HUD Exhibit 5-5 : Verification
Requirements
o
Verification of Employment
o
Verification of Public Assistance Income
o
Verification of Social Security Benefits
o
Verification of Child Support Payments
o
Verification of Recurring Cash Contributions
o
Certification of Zero Assets
o
Certification of Zero Income
o
Request for Verification of Assets on Deposit

MFA Rent Calculation Form

Request for Lease Approval

MFA Unit Eligibility Form

Rent Reasonableness

Maximum Occupancy under Housing Quality Standards

Lease Review Checklist

Lease Addendum

Lead Based Paint Disclosure

Rental Assistance Contract (with Landlord)

Housing Quality Standards (HQS) Inspection Form
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Homeless Documentation Guide
In accordance with HUD ESG Regulations, 24 CFR 576.500(b), (c), (d) and (e), the following outline intake
procedures and required documentation at intake of the evidence relied upon to establish and verify
homeless status. These establish the order of priority for obtaining evidence as third-party
documentation first, intake worker observations second, and certification from the person seeking
assistance third. Refer to HUD’s Homeless Definition Recordkeeping Requirements (attached).
The lack of third-party documentation must not prevent an individual or family from being immediately
admitted to emergency shelter, receiving street outreach services or being immediately admitted to
shelter or receiving services provided by a victim service provider.
Records contained in HMIS or comparable database used by victim service or legal service providers are
acceptable evidence of third-party documentation and intake worker observations if the HMIS retains
an auditable history of all entries, including the person who entered the data, the date of entry, and the
changes made; and if the HMIS prevents overrides or changes of the dates on which entries are made.
1. If the individual or family qualifies as homeless under the homeless definition, as previously
defined, acceptable evidence including a written observation by an outreach worker of the
conditions where the individual or family was living, a written referral by another housing or
service provider, or a certification by the individual or head of household seeking assistance.
2. If the individual qualifies as homeless, as previously defined, because he or she is in an
emergency shelter or place not meant for human habitation and is exiting an institution where
he or she resided for 90 days or less, acceptable evidence includes the evidence described in
paragraph 1 and one of the following:
a. Discharge paperwork or a written or oral referral from a social worker, case manager, or
other appropriate official of the institution, stating the beginning and end dates of the
time residing in the institution. All oral statements must be recorded by the intake
worker; or
b. Where the evidence in paragraph (a) above is not obtainable, a written record of the
intake worker’s due diligence in attempting to obtain the evidence described in
paragraph (a) above and a certification by the individual seeking assistance that states
he or she is exiting or has just exited an institution where he or she resides for 90 days
or less.
c. If the individual or family qualifies as homeless under section a(5) of the homeless
definition because the individual or family will imminently lose their housing, the
evidence must include:
i. A court order resulting from an eviction action that requires the individual or
family to leave their residence within 14 days after the date of their application
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for homeless assistance; or the equivalent notice under applicable state law, a
Notice to Quit, or a Notice to Terminate issued under state law;
ii. For individuals and families whose primary nighttime residence is a hotel or
motel room not paid for by charitable organizations or federal, state, or local
government programs for low-income individuals, evidence that the individual
or family lacks the resources necessary to reside there for more than 14 days
after the date of application for homeless assistance; or
iii. An oral statement by the individual or head of household that the owner or
renter of the housing in which they currently reside will not allow them to stay
for more than 14 days after the date of application for homeless assistance. The
intake worker must record the statement and certify that it was found credible.
To be found credible, the oral statement must either:
1. Be verified by the owner or renter of the housing in which the individual
or family resides at the time of the application for homeless assistance
and documented by a written certification by the owner or renter or by
the intake worker’s recording of the owner or renter’s oral statement;
or
2. If the intake worker is unable to contact the owner or renter, be
documented by a written certification by the intake worker of his or her
due diligence in attempting to obtain the owner or renter’s verification
and the written certification by the individual or head of household
seeking assistance that his or her statement was true and complete;
iv. Certification by the individual or head of household that no subsequent
residence has been identified; and
v. Certification of other written documentation that the individual or family lacks
the resources and support networks needed to obtain other permanent
housing.
3. If the individual or family qualifies as homeless under Beneficiary Eligibility (2) of the homeless
definition, because the individual or family does not otherwise qualify as homeless under the
homeless definition but is an unaccompanied youth under 25 years of age, or homeless family
with one or more children or youth, and is defined as homeless under another Federal statute or
section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), the
evidence must include:
a. For Beneficiary Eligibility (2)(c), Unaccompanied youth, of the homeless definition,
certification of homeless status by the local private nonprofit organization or state or
local governmental entity responsible for administering assistance under the Runaway
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and Homeless Youth Act (42 U.S.C. 5701 et seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e et seq.),
section 330 of the Public Health Services Act (42 U.S.C. 254b), the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786), or subtitle B of the title VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11431 et seq.), as applicable;
b. For Beneficiary Eligibility (2)(a), Literally Homeless, of the homeless definition, referral
by a housing service provider, written observation by an outreach worker, or
certification by the homeless individual or head of household seeking assistance;
c. For Beneficiary Eligibility (3)(c)(i), At Risk of Homeless, moved two or more times within
60 days, certification by the individual or head of household and any available
supporting documentation that the individual or family moved two or more times
during the 60-day period immediately preceding the date of application for homeless
assistance, including: recorded statements or records obtained from each owner or
renter of housing, provider of shelter or housing, or a social worker, case worker, or
other appropriate official of a hospital or institution in which the individual or family
resided; or where these statements or records are unobtainable, a written record of the
intake worker’s due diligence in attempting to obtain these statements or records.
Where a move was due to the individual or family fleeing domestic violence, dating
violence, sexual assault, or stalking, then the intake worker may alternatively obtain a
written certification from the individual or head of household seeking assistance that
they were fleeing that situation and that they resided at that address; and
d. For Beneficiary Eligibility (3)(c)(vi), At risk of Homeless, exiting publically funded
institution or system of care, written diagnosis from a professional who is licensed by
the state to diagnose and treat that condition (or intake staff recorded observation of
disability that within 45 days of date of the application for assistance is confirmed by a
professional who is licensed by the state to diagnose and treat that condition);
employment records; department of corrections records; literacy, English proficiency
tests; or other reasonable documentation of the conditions required under the
homeless definition.
4. If the individual or family qualifies under Beneficiary Eligibility (2)(d), Fleeing Domestic Violence,
of the homeless definition, because the individual or family is fleeing domestic violence, dating
violence, sexual assault, stalking, or other dangerous or life-threatening conditions related to
violence, then acceptable evidence includes an oral statement by the individual or head of
household seeking assistance that they are fleeing that situation, that no subsequent residence
has been identified and that they lack the resources or support networks, e.g., family, friends,
faith-based or other social networks, needed to obtain housing. If the individual or family is
receiving shelter or services provided by a victim service provider, the oral statement must be
documented by either a certification by the individual or head of household; or a certification by
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the intake worker. Otherwise, the oral statement that the individual or head of household
seeking assistance has not identified a subsequent residence and lacks the resources or support
networks, e.g., family, friends, faith-based or other social networks, needed to obtain housing
must be documented by a certification by the individual or head of household that the oral
statement is true and complete, and, where the safety of the individual or family would not be
jeopardized, the domestic violence, dating violence, sexual assault, stalking, or other dangerous
or life-threatening condition must be verified by a written observation by the intake worker or a
written referral by a housing or service provider, social worker, legal assistance provider, healthcare provider, law enforcement agency, legal assistance provider, pastoral counselor, or any
other organization from whom the individual or head of household has sought assistance for
domestic violence, dating violence, sexual assault, or stalking. The written referral or
observation need only include the minimum amount of information necessary to document that
the individual or family is fleeing, or attempting to flee domestic violence, dating violence,
sexual assault, and stalking.
Term of Assistance
1. If funding allows, participants may receive a maximum of 11 months of rental assistance.
2. One-time assistance for security deposits within 2 years.
3. One-time assistance to tenants for utility deposits when granted in conjunction with security
deposits and/or rental assistance within 2 years.
4. Program participants receiving ESG rapid re-housing assistance must be re-evaluated at least
once a year and a program participants receiving ESG homeless prevention assistance are
required to be re-evaluated at least once every 3 months;
5. Program participants may not receive more than 24 months of assistance in a 3-year period;
6. Program participants may be re-evaluated sooner than every 3 months under the following
criteria:
a. Household composition change
b. Sudden reduction in income
Terminating Assistance
If a program participant violates program requirements, the service provider may terminate assistance
in accordance with a formal process. Exercise judgment and examine all extenuating circumstances in
Create Agency Policy if the term of assistance is less than the terms stated above.
determining when violations warrant termination so that a program participant’s assistance is only
terminated in the most severe cases.
For program participants receiving rental assistance:
1. Provide a written notice to the program participant clearly stating the reason(s) for termination
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2. Review the decision, in which the program participant is given the opportunity to present
written or oral objections before a person other than the person (or a subordinate of that
person) who made or approve the termination decision; and
3. Prompt written notice of the final decision to the program participant.
4. Termination does not bar the family or individual from receiving further assistance at a later
date.
Conflicts of Interest
1. Organizational conflict of interest. ESG assistance may not be conditioned on an individual’s or
family’s acceptance or occupancy of emergency shelter or housing owned by the service
provider or a parent or subsidiary. No service provider may, with respect to individuals and
families occupying housing owned by the service provider or any parent or subsidiary carry out
Create Agency Policy outlining the formal process for termination of a program participant.
the initial evaluation required under ESG assistance or administer homeless prevention
assistance.
2. Individual conflict of interest applies to any person who is an employee, agent, consultant,
officer or appointed official of the service provider. No person described in this section who
exercises or has exercised any functions or responsibilities with respect to activities in the RAP
program, or who is in a position to participate in a decision-making process or gain inside
information with regard to activities assisted under the program, may obtain a financial interest
or benefit from an assisted activity; have a financial interest in any contract, subcontract, or
agreement with respect to an assisted activity; or have a financial interst in the proceeds
derived from an assisted activity, either for him or herself or for those with whom he or she has
family or business ties, during his or her tenure or during the one-year period following his or
her tenure.
3. Exceptions to conflicts of interest may be granted by HUD, upon the written request of the
service provider, through MFA. Exceptions may be granted on a case by case basis. To request
an exception, provide the following documentation to MFA:
a. Disclosure of the nature of the conflict of interest, accompanied by an assurance that
there has been public disclosure of the conflict and a description of how the public
disclosure was made; and
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b. MFA’s attorney will provide an opinion that the interest for which the exception is
sought would not violate state or local law.
Create Agency Policies for Conflict of Interest and Confidentiality. Staff,
volunteers and Board Members need to sign both policies.
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Administrative Section
Scope of Work / Benchmarks
The scope of work outlines the amounts awarded to the Service Provider for each county. These are the
amounts that must be expended by the end of the contract, June 30th. Service Providers must expend at
least 25% of the award amount each quarter. Approximately 8.33% of funds must be spent each month
in order to meet monthly benchmarks, as outlined below:
Expenditure
Benchmarks
Sept
2011
Dec
2011
March
2012
June
2012
25%
50%
75%
100%
If there are any budget adjustments that must be made, submit a budget adjustment request (BAR)
with an explanation of the reason for the request through the on-line invoicing system. ESG budget
adjustments may be approved for moving funds between Rapid Re-Housing sub categories or between
Homeless Prevention sub categories. Since Rapid Re-Housing is the funding priority, additional
justification will be required for any request to move funds from Rapid Re-Housing to Homeless
Prevention. Service Providers will need to demonstrate they’ve made every effort to reach out to
homeless individuals and families and other partner agencies. MFA will review the justification and may
approve or deny budget adjustment requests based on funding priority and the service provider’s
justification for the request.
Performance Standards require 90% of program participants to transition to permanent housing which
includes: rental housing or apartment (no subsidy), Public Housing, Section 8, Shelter Plus Care,
Supportive Housing Program, HOME subsidized house or apartment, Homeownership, Moved in with
family or friends (permanent or transitional).
Outreach Plan
Service Providers must expend funds in each county where funds were awarded. Refer to the Outreach
Plan submitted with the RFP application for all counties. Include partnerships and coordination with
other service provider agencies such as shelters, domestic violence agencies, schools or any other
agency. If your agency is not expending funds in some counties, contact MFA or other service providers
to discuss options for outreach in those counties.
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Request for Reimbursement
Requests for Reimbursements and monthly reports are due on the 20th of each month for the previous
month. Service Providers must submit the original signed request for reimbursement. Request received
by Friday will be processed for the payment on the following Friday, if the request does not need any
corrections.
The invoicing system is currently divided by funding source. The TBRA Request for Reimbursement and
TBRA Unit Set Up Report will be submitted in paper form while the State Homeless and ESG Request for
Reimbursement and Monthly Report will be submitted through the MFA on-line invoicing system.
Link for On-line Invoice System: http://local.housingnm.org/onlineinvoice/Login.aspx
Instructions for On-line Invoicing System for ESG Funds are attached separately.
Agencies must report dollar for dollar match for ESG / State Homeless funds with the monthly request
for reimbursements.
Monthly Report – HMIS ESG APR Report for State Homeless & ESG Clients
Submit the HMIS APR Summary Report for ESG clients with the Request for Reimbursement on a
monthly basis. It compiles demographic data on each person receiving State Homeless and ESG
assistance in the same month as the request for reimbursement however, the only clients being
reported are new clients or unduplicated clients (who have not yet been reported in the system). The
ESG Demographic Data will be submitted through HMIS Input client data within 24 hours of intake.
Upload the monthly APR report from HMIS to MFA On-line Invoicing System. Mark Oldknow at New
Mexico Coalition to End Homelessness manages HMIS reporting. He can be reached at 505-982-9000 or
mark-o@nmceh.org.
Monthly Report – HQS List of Units Inspected
Each month, email or mail a list of units inspected. MFA will provide the form.
Budget Adjustment Requests
Service Providers may submit a Budget Adjustment Request (BAR) to request to move funds within the
RAP award. Include a justification for the request.
Budget Adjustment Requests for ESG or State Homeless Funds will be submitted through the online
invoicing system. Rapid Re-Housing is the priority for the Rental Assistance Program. Funds may be
requested to move into Rapid Re-Housing however, any request to move funds from Rapid Re-Housing
to Homeless Prevention must be limited to 15% of the award for that activity.
MFA will conduct quarterly assessments to determine if funds will be moved between agencies.
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Monitoring
MFA is required by HUD to monitor grantees of federal funding for compliance with federal programs
and to ensure sound fiscal operations. In addition, unit inspections are required for TBRA units.. MFA
will conduct a Risk Assessment on each agency to determine the level of risk and the level of monitoring
required.
MFA will notify participating agencies at least 30 days prior to a monitoring visit. Agencies will be
required to notify the clients directly for the HQS Unit Inspections.
Program Compliance & Fiscal Operations
MFA is required to conduct a monitoring review of each agency to ensure compliance with all
Contractual and Program design requirements, the review of the program was based on federal
requirements, 24 CFR 576 for State Homeless and ESG, as well as applicable OMB standards.
Monitoring Units
Housing Quality Standard (HQS) Inspections are required annually for 10% of TBRA assisted units. HQS
are used as guidelines to provide safe, decent and sanitary housing for low income clients.
Create Agency Policies:




Financial
Grievances
Fair Housing
Participation in policymaking by a person who has experienced
homelessness.
References
If you need additional references, MFA’s website for each funding source has links to HUD Desk Guides
and Regulations. All of the forms included in this manual are also located on these web pages.
MFA’s RAP web page: http://housingnm.org/community_development/rental-assistance-programs-rap
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