HomeMy WebLinkAbout FULL PACKET_2016-03-01
NOTE: If you need special assistance to participate in this Council meeting, please contact Michael Ortiz, City
ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time
to make reasonable arrangements for accessibility to this meeting.
[Americans with Disabilities Act, Title II, 28 CFR 35.102]
HOUSING AUTHORITY
MEETING AGENDA
MARCH 1, 2016
CITY COUNCIL CHAMBER
22 Civic Center Plaza
Santa Ana, California
5:45 p.m.
(Immediately following the City Council Closed Session Meeting)
TOBER 2, 2006
Miguel A. Pulido
Chairperson
Vincent F. Sarmiento
Vice-Chairperson - Ward 1
VSarmiento@santa-ana.org
Michele Martinez
Authority Member - Ward 2
MMartinez@santa-ana.org
Angelica Amezcua
Authority Member - Ward 3
AAmezcua@santa-ana.org
P. David Benavides
Authority Member - Ward 4
DBenavides@santa-ana.org
Roman A. Reyna
Authority Member - Ward 5
RReyna@santa-ana.org
Sal Tinajero
Authority Member – Ward 6
STinajero@santa-ana.org
Authority Member telephone: 714-647-6900
Agenda item inquiries: 714-647-6520
Sonia R. Carvalho Kelly Reenders Maria D. Huizar
Authority General Counsel Executive Director Clerk of the Council
HOUSING AUTHORITY AGENDA 2 MARCH 1, 2016
Basic Housing Authority Meeting Information
Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/
Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the
City and organization on a course that meets the challenges of today and tomorrow.
Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community
•Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services
Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic
environment, opportunities for our youth, and a high quality of life for residents.”
Guiding Principles
•Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency
Strategic Plan Goals/Objectives/Strategies:
Goal 1 - Community Safety
Goal 2 - Youth, Education, Recreation
Goal 3 - Economic Development
Goal 4 - City Financial Stability
Goal 5 - Community Health, Livability, Engagement & Sustainability
Goal 6 - Community Facilities & Infrastructure
Goal 7 - Team Santa Ana
*********
Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to
the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards,
commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s
webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect ·
Efficiency
Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be consi dered by the
Authority. The Authority is not limited in any way by the “Recommended Action” and may take any action which the Authority deems to
be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda.
Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Housing Authority and any
other legislative body scheduled to meet on same day and time on any and all matters within the City of Santa Ana's jurisdiction.
At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public
will be given the opportunity to speak on any and all matters contained on any of the Cons ent Calendar and Business Calendar items
and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3)
minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be
submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker fo rms will
be available at the meeting.
REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT
PERMISSION OF THE CHAIR. When speaking, all persons addressing the Legislative Body shall follow the rules of decorum as
detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of
the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.
Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Housing Authority and will be
enacted by one motion without discussion unless a member of the Authority “pulls” an item(s) from the consent calendar for a separate
vote.
Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Housing Authority
members regarding any item on this agenda will be made available for public inspection in the Clerk of the Council Office dur ing normal
business hours.
Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the Office of the Clerk of the Council and are
available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays.
The Clerk’s office is located in City Hall, 20 Civic Center Plaza, Room 809, Santa Ana, California, (714)647-6520. Authority meeting
agendas, staff reports, and Minutes are available the Friday before an Authority meeting at the following website address: www.santa-
ana.org
Televised Meeting Schedule - All regular meetings will be televised and available for viewing on the City’s cable channel. Meetings held in
the Council Chamber or other designated locations which are televised live on CTV3 Time Warner Cable will be cablecast Mondays at
6:00 p.m., Tuesdays immediately following the meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at 1:00 p.m. Meetin gs
held in locations that do not have a live cable feed will be videotaped and shown on CTV3 t he day after the meeting.
DVD copies of the meetings for loan will be available for public circulation at the Santa Ana Main Library the day after a me eting.
HOUSING AUTHORITY AGENDA 3 MARCH 1, 2016
CITY OF SANTA ANA
HOUSING AUTHORITY MEETING
MARCH 1, 2016
CALL TO ORDER CHAIRPERSON PULIDO
HOUSING AUTHORITY BOARD MEMBERS
SARMIENTO, AMEZCUA, BENAVIDES,
MARTINEZ, REYNA, TINAJERO
City Manager, Authority General Counsel, Recording
Secretary
PUBLIC COMMENT ON AGENDA ITEMS AND ITEMS OF PUBLIC INTEREST
(Refer to page 2 “Public Input” for description.)
CONSENT CALENDAR
RECOMMENDED ACTIONS: Approve staff recommendation on Consent Calendar
Items: 1 through 2
1. REGULAR MEETING MINUTES OF FEBRUARY 2, 2016 {STRATEGIC PLAN NO.
5,1}
RECOMMENDED ACTION: Approve Minutes.
2. EXCUSED ABSENCES
RECOMMENDED ACTION: Excuse Housing Authority Members absent.
*** END OF CONSENT CALENDAR ***
HOUSING AUTHORITY AGENDA 4 MARCH 1, 2016
BUSINESS CALENDAR
3. PROJECT-BASED VOUCHER AWARD FOR GUEST HOUSE LP {STRATEGIC
PLAN NO 5,3}
RECOMMENDED ACTIONS:
1. Approve the award of 71 project-based vouchers to Guest House LP for a project
located at 2151 E. 1st Street, Santa Ana, CA 92705 to serve chronically homeless
individuals and families;
2. Authorize the Executive Director of the Housing Authority or designee to
execute a Project-Based Vouchers Housing Assistance Payments Contract
between the Housing Authority of the City of Santa Ana and Guest House LP to
create 71 permanent supportive housing units to serve chronically homeless
individuals and families.
*** END OF BUSINESS CALENDAR ***
COMMENTS
AT THIS TIME Housing Authority members may comment on non-agenda matters and
ask questions of or give directions to staff. NO action may be taken on non-agenda items
unless authorized by law.
ADJOURNMENT
HOUSING AUTHORITY MINUTES 1-1 FEBRUARY 2, 2016
MINUTES OF THE REGULAR MEETING
OF THE HOUSING AUTHORITY MEETING
SANTA ANA, CALIFORNIA
FEBRUARY 2, 2016
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
9:03 P.M.
ATTENDANCE AUTHORITY MEMBERS Present:
MIGUEL PULIDO, Chair
VINCENT F. SARMIENTO, Chair Pro Tem
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN REYNA
SAL TINAJERO
AUTHORITY MEMBERS Absent:
ANGELICA AMEZCUA
STAFF Present:
KELLY REENDERS,Executive Director
SONIA CARVLHO, Authority Counsel
MARIA D. HUIZAR, Authority Secretary
PUBLIC COMMENTS - None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendation on Consent Calendar Items 1 through
4.
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Reyna, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
HOUSING AUTHORITY MINUTES 1-2 FEBRUARY 2, 2016
1.REGULAR SPECIAL MEETING MINUTES OF JANUARY 19, 2016
{STRATEGIC PLAN NO. 5, 1}
MOTION: Approve Minutes.
2. EXCUSED ABSENCES
MOTION: Excuse Housing Authority Member Martinez.
3. QUARTERLY REPORT FOR HOUSING CHOICE VOUCHER PROGRAM
OCTOBER 2015 - DECEMBER 2015{STRATEGIC PLAN NO. 5}
MOTION: Receive and file.
4.QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS
ENTERED INTO BY THE EXECUTIVE DIRECTOR {STRATEGIC PLAN NO. 4}
MOTION: Receive and file.
*** END OF CONSENT CALENDAR ***
BBUUSSIINNEESSSS CCAALLEENNDDAARR IITTEEMMSS
5. REQUEST FOR PROPOSALS FOR BOND COUNSEL SERVICES
{STRATEGIC PLAN NO 5, 3}
MOTION: Receive and file.
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Reyna, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
HOUSING AUTHORITY MINUTES 1-3 FEBRUARY 2, 2016
JOINT SESSIONS OF THE HOUSING AUTHORITY AGENCY AND CITY COUNCIL
6. APPROPRIATION ADJUSTMENT – FAMILY SELF-SUFFICIENCY PROGRAM
ENABLES FAMILIES ASSISTED VIA THE HOUSING CHOICE VOUCHER
PROGRAM INCREASE INCOME AND REDUCE DEPENDENCY ON RENTAL
ASSISTANCE {STRATEGIC PLAN NO. 5, 3}
MOTION: Authorize the acceptance of the Family Self-Sufficiency
Program grant award from the U.S. Department of Housing and Urban
Development in the amount of $138,000 for the period of January 1, 2016
through December 31, 2016.
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
COMMENTS
7. HOUSING AUTHORITY MEMBER COMMENTS – None
ADJOURNMENT - 9:04 P.M.
Maria D. Huizar,
Recording Secretary
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Location Map
2151 E. 1st Street
N
EXHIBIT 1
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GUEST
HOUSE
Request for Proposal No. 15‐129
Permanent SupporƟve Housing
SUBMITTED:
JANUARY 28, 2016 EXHIBIT 2
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Guest House RFP# 15-129 TABLE OF CONTENTS
1 | Page
GUEST HOUSE
Table of Contents
1. Cover Letter
Cover Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Project Description
Project Description . . . . . . . . . . . . . . . . . . . . . . . . . 4
3. Statement of Qualifications
Owner and Service Provider Team . . . . . . . . . . . 13
Service Provider Experience . . . . . . . . . . . . . . . . . 18
Owner Experience . . . . . . . . . . . . . . . . . . . . . . . . . 22
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Exhibit - Mercy House 501(c)3 Status . . . . . . . 26
Exhibit - Mercy House Certificate of Good
Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4. Project Management Plan
Project Management Plan . . . . . . . . . . . . . . . . . . 30
5. Exhibit B
Additional Insured Endorsement for Commercial
General Liability Policy Proposed Partners . . . .52
6. Exhibit C
Proposer’s Statement . . . . . . . . . . . . . . . . . . . . . . 54
7. Exhibit D
Certification of Nondiscrimination . . . . . . . . . . . 55
8. Exhibit E
Non-Collusion Affidavit . . . . . . . . . . . . . . . . . . . . 57
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Guest House RFP# 15-129 1. COVER LETTER
2 | Page
January 28, 2016
Judson Brown
Housing Division Manager
Santa Ana Housing Authority
jbrown@santa-ana.org
Re: Request For Proposals No. 15-129 Permanent Supportive Housing
Dear Mr. Brown:
Community Development Partners (CDP) and Mercy House Living Centers (Mercy House) are
pleased to submit this response to the Request For Proposals for Permanent Supportive Housing
using Section 8 Project Based Vouchers from the City of Santa Ana Housing Authority.
With both company headquarters in Orange County, we are particularly excited for the opportunity
to provide a small piece of the permanent housing solution to those with the most critical housing
need. Santa Ana, in particular, has one of the largest homeless populations in the County, including
homeless Veterans.
CDP’s track record of creating and operating quality, affordable housing, Mercy House’s 25-year
tenure as a local leader in serving homeless populations, combined with a skilled property
management team, makes us extremely confident the proposed project will exceed the City’s
expectations for innovative, high quality, permanent supportive housing.
CDP is an experienced multifamily and mixed-use owner focused exclusively on creating and
preserving vibrant affordable housing communities with a focus on Southern California, where the
company is headquartered. Projects include housing for low income seniors, families, Veterans, and
homeless. The company’s principals have over 30 years of combined experience working with cities
and public agencies to bring new investment into existing neighborhoods. Mercy House is a Santa Ana
based non-profit service provider dedicated to serving populations with the most critical need such as
homeless, Veterans and disabled. Mercy House has been serving such populations for over 25 years
and remains on the forefront at the fight to end homelessness in Orange County.
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Guest House RFP# 15-129 1. COVER LETTER
3 | Page
Proposal Highlights:
Request: 71 Project Based Vouchers for chronically homeless
Preference for Veterans: The property will have a preference for chronically homeless
Veterans
Site Control: CDP holds title to the subject property
Local Team: Mercy House is based in Santa Ana, CDP is based in Newport Beach and Solari
Enterprises, Inc. (Property Management) is based in Orange
Low displacement: Property is currently 75%+ vacant meaning very little displacement of
existing non-eligible tenants.
Readiness: Property is in move-in ready condition
CES Relationship: Mercy House has committed to house 38 chronically homeless tenants
at Guest House using Continuum of Care (CoC) services funding. As one of the few
agencies already participating in the Coordinated Entry System, they have the unique ability
to quickly identify and house eligible clients.
Furnished Units: Furnishings are included in the rent
CDP hereby declares that the only person, persons, company, or parties interested in the proposal as
principals are named herein; that the proposal is made without collusion with any other person,
persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith
without collusion or fraud, and that the signer has full authority to bind the proposer.
For further questions and comments, please contact Eric Paine, CEO, at 949-922-3578,
epaine@communitydevpartners.com, or at 3416 Via Oporto, Suite 301, Newport Beach, CA
92663.
Sincerely,
Eric Paine
CEO
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
4 | Page
PROJECT DESCRIPTION
Detailed and concise narrative describing the proposed project, including at a minimum and as appropriate
information about the site or a description (with photographs) of the building, building square footage, number
of units/bedrooms, proposed rents and tenant incomes, the number of current tenants (if applicable), and the
services to be provided to the tenants.
PROJECT NARRATIVE
The Guest House is an existing 77-unit multi-family property located at 2151 E 1st St. in Santa Ana. The units
are comprised of 11 studios and 66 one-bedrooms contained within a 32,342 square foot, two-story building
constructed in 1971. In addition to the units, the property includes a lobby, management office, conference
room, community laundry, swimming pool and 61 surface parking spaces. Each unit at the property is equipped
with hard surface floors and a full set of kitchen appliances (range/oven, refrigerator). Subject to an award of
Project Based Vouchers (PBVs) pursuant to this proposal, all units set aside for chronically homeless residents
will be rented fully furnished at no additional cost to tenants. The property is currently owned by CDP
(applicant/owner), and therefore no site control risk exists. Both the property manager and maintenance
supervisor currently live onsite.
CDP is requesting 71 project-based vouchers, targeting chronically homeless households with a preference
for chronically homeless Veterans. The lead service provider at the property will be Mercy House, a Santa
Ana based non-profit service provider with 25 years’ experience. Mercy House will work closely with CDP’s
asset management and ownership team to provide the highest level of services, with the goal of improving
tenants lives by providing and helping maintain stable homes for those who are currently homeless. The
property is managed by Solari Enterprises, Inc., an Orange County based property management company
experienced in managing permanent supportive housing properties. Solari will continue to manage the
property after the HAP contract is put in place. A project management plan is included with this proposal,
further detailing the coordination between the team.
Currently, only 17 units are tenant occupied, which allows for minimal displacement of in-place tenants should
the PBV HAP be awarded and executed. Solari is currently collecting the existing tenant income information
to qualify the tenants as low-income tenants under the proposed affordability levels (shown below). The goal
is to keep as many of the current tenants at the property as possible. CDP believes the majority of the
tenants will qualify under the proposed underlying affordability levels. CDP is open to discussions with Santa
Ana Housing Authority (HA) regarding adjusting the proposed AMI levels in order to better comply with the
City and HA’s target income levels.
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
5 | Page
The chronically homeless households will be qualified as homeless by the Orange County’s Coordinated Entry
System. These households have a member who have been homeless continuously for at least 1 year or at least
four separate occasions in the last 3 years, and can be diagnosed with substance abuse, serious mental illness,
developmental disability, PTSD, or chronic physical illness/disability. The property will have a preference for
Veterans. Any Veteran meeting the homeless definition will be given priority preference to lease a unit.
PROPOSED RENTS
The proposed rents and maximum income levels at the property are as follows. We anticipate 2016 rents will
be out in next month which will solidify rental rates below:
Rental Income
Unit AMI Unit Gross Utility Net Tenant Voucher
Type Level Mix FMR Allowance Rent Rent Portion
Studio-PBV 30% 38 1,147 0 1,1147 492 655
Studio-PBV 50% 22 1,147 0 1,1147 820 327
1BD/1BA-PBV 30% 2 1,308 0 1,308 878 430
1BD/1BA-PBV 60% 9 1,308 0 1,308 1,054 254
Studio-Market N/A 4 1,500 0 1,500 1,500 N/A
Manager Studio N/A 2
Totals 77 4,744 1,666
Affordability Mix
AMI # Units % Total
30% 40 52%
50% 22 29%
60% 9 12%
Market Rate 4 5%
Manager 2 3%
Unit Type Mix
Unit Type # Units % Total
Studio 66 85%
1-Bedroom 11 15%
Income Per Household Size
AMI One person Two person Three person
100% 65,600 75,000 84,400
60% 39,360 45,000 50,640
50% 32,800 37,500 42,200
30% 19,680 22,500 25,320
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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PROPERTY PHOTOS
On the following pages, please find photographs of the site and property in its current condition.
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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PROVISION OF SUPPORTIVE SERVICES
Mercy House Living Centers will be the lead services provider for the Guest House project. This lead services
provider will deliver high quality supportive services that are designed to help chronically homeless individuals
maintain stable housing and generate positive changes in their lives.
For over 25 years, Mercy House has provided supportive services and comprehensive case management to
homeless, chronically homeless, and disabled individuals in Orange County. Mercy House staff has extensive
knowledge of needs and barriers faced by the chronically homeless in our community, and they utilize a variety
of resources and service coordination partnerships imperative to their success.
SERVICES APPROACH
The supportive services provision will be based on Housing First, principles coupled with ongoing education
and supportive services that focus on chronically homeless individuals. Harm reduction strategies allow staff to
address the individual’s identified needs, allowing for the development of trust and rapport. Regular availability
and visibility on-site will reduce the barrier of connecting to a service provider as needed and reduce lengthy
time lapses to connecting to services.
All services emphasize enhancement of the resident’s quality of life and include community building activities
and events to help residents develop a local support network and increase their sense of self-worth. Housing
First strategies such as an Eviction Prevention program will be implemented wherein the warning signs of lease
violations are identified early, through regular case management meetings, casual observation and interaction,
and close coordination with property management staff.
If residents are delinquent in rent payments or receive multiple housekeeping notices or other lease violations,
services staff will supplement the case management services that the tenants are already receiving. The extra
intervention will help clients address the issues that have put them at risk of eviction. Mercy House Housing
Stabilization Case Managers and property management staff work together to educate the resident and
create a plan to once again become lease compliant. Property management staff will be flexible in negotiating
the terms of a ‘‘work out’’ plan.
Upon receiving referrals, there will be initial assessments to determine strengths and barriers to housing
stabilization before implementation of the Critical Time Intervention (CTI) model. CTI focuses on the
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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following areas: (1) Medical; (2) Psychiatric Stability; and (3) Motivational Interviewing. Once the initial
assessment is completed, the team will work with the tenant to develop a Housing Stabilization Plan. Mercy
House will work to build culturally appropriate rapport with tenants in efforts to build trust and also inquire with
each individual tenant the types of goals they are interested in achieving. This will help staff determine the
types of services most useful and desired by the resident. Giving tenants ownership of their goals is vital in
efforts to successfully engage tenants in services. Mercy House will incorporate the goals and interests of
tenants upon planning case management sessions, community building activities, and educational/ recreational
activities. Supportive services provided will be reflective of tenants' stated needs and goals desired for
achievement.
Critical Time Intervention provides emotional and practical support during the critical time of transition from
street to home. This method strengthens the tenant’s long-term ties to services, family, and friends.
Transitioning from the streets to a new home, and possibly a new community, can be difficult to navigate when
systems of care are fragmented, and resources scarce. Mercy House staff is trained to utilize a strength-based
approach to assessing the tenant's established supports and resiliencies and build upon those foundations.
Services staff will partner with each tenant to increase independent living skills and further develop the
tenant's support networks through one-on-one work, group support, linkages to intensive services and
socialization opportunities. Mercy House staff prioritize early engagement by assisting the tenant with the
difficult task of documentation collection, completing applications and attending initial appointments. This
support continues until the tenant is stable and integrated into the community. The second phase of CTI will
allow the tenant to show their problem-solving skills and independence. Phase three of CTI affirms the roles of
the support network and sets in motion long-term goals. Finally, the Mercy House will ask for voluntary
feedback from tenants through surveys analysis of feedback and regularly scheduled community meetings.
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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SUPPORTIVE SERVICES FOR TENANTS
Supportive services are designed with a focus on intensive case management, with emphasis on behavioral
health and primary health issues, independent living skills, and employment/educational goals. Intensive case
management includes individualized service planning and goal setting, coordination of services, counseling and
support, crisis intervention, intensive assistance with accessing mainstream services and other community-
based resources.
These Services will be designed to meet the specific needs of the residents and include:
Services
Service Description Frequency Service Provider
Outreach and Intake Chronically homeless individuals will be
assessed by community outreach teams
and referred to the housing program
through the local Coordinated Entry
System. Mercy House Housing
Stabilization Case Managers will provide
entry and intake support to referred
clientele.
At entry
Community
Outreach Teams,
Coordinated Entry
Team, Mercy House
Housing
Stabilization Case
Manager
Housing Placement
Assistance
Applicants will be partnered with a
Housing Stabilization Case Manager to
assist them with obtaining necessary
housing documents and move-in
support. The Housing Stabilization Case
Manager will also assist in any appeals or
reasonable accommodations requests as
desired by the applicant.
At entry
Mercy House
Housing
Stabilization Case
Manager and
Leasing Agent
Assessment of Needs A Housing Stabilization Case Manager
will be assigned at entry to identify the
individual’s needs and barriers. A
Housing Stabilization Plan will be created
for the client to guide supportive
services.
Offered at entry
and during
monthly case
management
sessions
Mercy House
Housing
Stabilization Case
Manager
Case Management Aimed at identifying and addressing
barriers to maintaining permanent
housing. Housing Stabilization Case
Offered
monthly, or as
needed
Mercy House
Housing
Stabilization Case
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Guest House RFP# 15-129 2. PROJECT DESCRIPTION
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Managers will work with clients
individually to improve independent living
skills, attain employment if possible, and
create goals which will improve their
self-determination.
Manager
Benefits Advocacy
and Income support
Staff will be trained at hiring and as
needed in the SOAR program. The
SOAR Program is beneficial in providing
assistance to clients who are completing
SSI applications as well as applications
for other mainstream benefits.
Offered at entry,
or as requested
by client
Mercy House
Housing
Stabilization Case
Manager
Assess homeless
individuals to
prescribe
treatment/services
Mercy House Housing Stabilization Case
Managers will assess clients at entry and
as needed for referrals to services
including medical and mental health
care. Medical and mental health
assessments will be completed through
community resources and services.
At entry and as
needed
Mercy House
Housing
Stabilization Case
Manager
Linkages to Medical
and Mental Health
Treatment
Medical and mental health treatment will
be referred out to other agencies or
medical professionals. Housing
Stabilization Case Manager will work to
ensure that client’s medical needs are
being met and advocate on their behalf.
At entry and as
needed
Orange County
Health Care
Agency; Share Our
Selves (SOS)
Assistance in
obtaining other
resources and
supports
Housing Stabilization Case Managers will
identify the client’s needs regarding
furniture, household items,
transportation, job training and
placement and connect them to the
adequate agency or resource which may
assist them in meeting these needs.
At entry, as
needed
Mercy House
Housing
Stabilization Case
Manager
Veterans benefits Assessment for Veteran-specific
services
At entry and as
needed
VA Staff/Case
Managers
Veteran mental and
physical health care
Connection to Veteran-specific mental
and medical health care services
including psychological counseling.
At entry and as
needed
VA staff/ Case
Managers
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Guest House RFP# 15-129 3. STATEMENT OF QUALIFICATIONS
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OWNER & SERVICE PROVIDER TEAM
An organizational chart showing lines of responsibility,
as well as a list of team members and their duties as
part of the team.
CDP --- OWNER
Eric Paine - CEO
Mr. Paine is the CEO of CDP and focuses on
corporate strategy and business development as
well as overseeing the acquisition and design of all
CDP projects. Eric is passionate about fulfilling
CDP’s mission to create life-enhancing affordable
housing communities where innovation is an
integral component. He also currently sits on the
Board of Directors for two non-profit
organizations, The Ecology Center in San Juan
Capistrano, CA and Alberta Main Street in
Portland, OR. Prior to founding CDP, Mr. Paine
co-founded Equity West Capital Partners, a
Newport Beach real estate investment manager
operating private equity funds targeting distressed
assets with inherent value-add potential. Prior, Eric
was Executive Vice President of Pacer
Communities, a private residential developer based
in Irvine, California where, in his five-year tenure,
he was involved in developing and liquidating
residential units accounting for over
$115,000,000 in revenue. He directly supervised
the teams responsible for all stages of a project’s
development cycle -- acquisitions, capitalization,
design development, entitlements, and project
management. Eric earned his BA in Economics
with a minor in Accounting from the
University of California, Los Angeles, a certificate
in Light Construction Development Management
from the University of California, Irvine, and is a
licensed California Real Estate Broker and General
Contractor.
Kyle Paine - President
Kyle Paine serves as President of Community
Development Partners. Kyle manages the sourcing
and underwriting for rehab and new construction
projects for CDP, including managing each project
through the cycle of due diligence, financing
application submittal, and the closing. Kyle also
oversees the asset management of stabilized
assets. Mr. Paine brings a dynamic background in
real estate development to CDP’s team. Prior to
joining CDP Kyle was at Fairfield Residential, a
national apartment developer, builder, and
manager where he served as the Acquisition and
Development Officer for the Pacific Northwest
region and had comprehensive oversight of the
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sourcing of institutional grade market rate and
affordable development sites. Kyle has his Bachelor
of Arts in Psychology with a Minor in Business
from the University of California at Berkeley. Kyle
has worked in real estate brokerage of
development projects since obtaining his California
Real Estate Broker’s License in 2005.
Bruce Quigley - CPA
Mr. Quigley is a Certified Public Accountant and
the Controller for Community Development
Partners. He is responsible for overall internal and
external financial reporting and compliance,
interfacing with outside CPAs on financial
reporting and taxation related to affordable
housing project requirements and regulations, and
instituting, strengthening and monitoring related
internal controls. After graduating with a Bachelor
of Arts in Business Administration with a
concentration in Accounting from California State
University at Fullerton, he spent eleven years with
the CPA firm Pannell Kerr Forster, managing
audits of numerous companies in various industries,
including nonprofits, start-ups, and property
management. Vacation Resorts International, a
timeshare property management client hired him
away to be their lead financial reporting executive.
In his twenty year tenure there, the company
became the largest independently owned
international timeshare property management
company in the nation. His responsibilities included
oversight of all accounting and financial reporting
for the company and 150 managed timeshare
entities regionally, nationally, and internationally.
His experience included working with the
California Department of Real Estate on
formulating start-up operating budgets, time share
development and rehabilitation projects, ongoing
property management financial reporting while
working closely with owners and numerous Boards
of Directors.
Belinda Lee - Project Manager
Belinda Lee is Project Manager for CDP and
oversees CDP’s development projects from cradle
to grave. Belinda’s oversight includes the
acquisition transaction, project financing
structuring and applications, design, construction,
and property management through permanent
financing conversion. Belinda’s most recent
experience is as a Project Manager for Jamboree
Housing Corporation where she spent 5 years
working in project management. Previously Belinda
worked for public agencies including Sacramento
Housing & Redevelopment and the City of Davis.
Belinda holds a B.S. in Community and Regional
Development from the University of California at
Davis and a Masers in Public Administration from
California State University, Long Beach.
Tim Winger - Asset Manager
Tim Winger is CDP’s Asset Manager. Tim oversees
tax credit applications, compiling and analyzing
market data, coordinating new acquisitions and
associated transaction closings including managing
due diligence to ensure all deadlines are met.
He also manages marketing and branding efforts
for CDP. Tim joins CDP with over a decade in
multi-family property management experience.
Tim’s work has involved community budgeting,
vendor management, reserve study allocations and
compliance oversight. He has also worked in
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Guest House RFP# 15-129 3. STATEMENT OF QUALIFICATIONS
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residential redevelopment and as a project
manager for a design-development and project
management company for the themed-
entertainment industry. Tim holds his Bachelor of
Science in International Business from Pepperdine
University.
MERCY HOUSE --- SERVICE PROVIDER
Larry Haynes --- Executive Director
Larry has served as Executive Director of Mercy
House since 1990 and has received numerous
awards and proclamations for his work with those
experiencing homelessness. He is responsible for
the day-to-day concrete implementation of the
Board of Director's vision and reports directly to
the Board of Directors. He is the chief executive
staff person and as such is held accountable for all
agency activities including all administrative and
programmatic operations. Further responsibilities
include generating revenues and managing
expenses as targeted by the approved annual
budget; development and oversight of all service
programs with Program Director; and supervising
the maintenance of all properties.
Patti Long --- Operations Director
As Operations Director, Patti oversees and is
responsible for all of the daily activities of the
agency, concretely implementing on behalf of the
Executive Director the agency’s mission as defined
by the Board of Directors. All staff, with the
exceptions of the Executive and Housing
Directors, report to the Operations Director. This
is an inherently dynamic position whose duties will
be in constant motion. Therefore, flexibility and
creativity are of premium value. The Operations
Director reports to the Executive Director.
Further responsibilities include managing and
supervising identified staff, and coordinating
trainings and orientations when needed.
Linda Wilson --- Housing Director
As Housing Director, Linda oversees the agency’s
housing programs, partner relations, and
significantly assists with special projects that add
meaningful value to the agency’s system of care.
This is an inherently dynamic position whose duties
will be in constant motion. Therefore, flexibility
and creativity are of premium value. The Housing
Director reports directly to the Executive
Director. Further responsibilities include the
design and implementation of ongoing operations
for supportive housing programs, develop and
implementation of Aftercare and support services,
delivering Aftercare Services to Mercy House
graduates in the voucher program, delivering
Aftercare Services to Mercy House graduate
residing at San Miguel, and the development and
implementation of new projects as identified by
Executive and Operations Directors.
Allison Davenport --- Program Development
and Compliance Director
As Program Development and Compliance
Director, Allison assists with the organization and
dissemination of program data as well as with public
grant follow up and general organization of grant
folders. She communicates with program staff
regarding program highlights and achievements for
monthly reports and with accounting staff on
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program budgets. Allison attends grant information
and training meetings as needed and assists with
grant presentations when necessary.
Pete Gantes --- OC Program Director ---
Residential Programs
Will supervises the PSH Manager and provides
support as needed. He acts as an extra resource to
clients who are facing any difficulties and need
assistance. As the O.C. Program Director of
Residential Program Services, Will is responsible
for the performance of all residential program
services in Orange County including the oversight
of Mercy House’s Property Maintenance, Front
Door Policy and Resident Coaching Program.
Mercy House programs are continuously modified
and improved in order to achieve the highest
possible effectiveness. Will manages and supervises
Team Leaders, Maintenance Technicians, and ISN
Program Manager and provides support and
guidance when necessary. Further responsibilities
include coordinating trainings and orientations
when needed; conducting meetings monthly, and
periodic Case File review.
Grace Womack --- Permanent Supportive
Housing Manager
As Permanent Supportive Housing Manager,
Grace is responsible for leading a program team to
meet Mercy House’s program goals, increase their
professional development, and assure quality
control of our services. Additionally, the she is
responsible for coaching Mercy House residents
who enter our system of care into obtaining and
sustaining permanent housing. This position reports
directly to the O.C. Program Director of
Residential Service Programs and supervises
Supervise the Housing Stability Specialists
providing support as needed. She maintains an
understanding of Fair Housing Laws and keeps
current on legal issues and regulations. She
consults with program staff on housing and legal
issues, writes and serves 3-day notices as needed,
and assists the Housing Director with managing
eviction processes. She review and evaluate
performances and provides support and guidance
when necessary.
TBD - Housing Stabilization Case Manager
The Housing Stabilization Case Manager will work
directly with clients in PBV Program.
This position is responsible for assisting homeless
and at-risk families and individuals break free from
the cycles of need toward greater economic
opportunity, independence and permanent
housing. The objective of this position is to help
households obtain and/or sustain stable housing
and assure quality control of housing placements
and policies. They will collaborate with and act as a
resource for other staff on housing issues. They will
maintain effective relationships with landlords
and/or property managers by resolving conflicts
and providing necessary emergency support.
The Housing Stabilization Case Manager will
interface with neighbors, businesses, city agencies,
and police departments to address community
issues stemming from the local homeless
population and will assist clients in the creation and
implementation of housing stabilization plans
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SOLARI - PROPERTY MANAGEMENT
Johrita Solari - Board Chair / Co-Founder
Board Chair, Chief Visionary Officer and Co-
Founder of Solari Enterprises, Inc. oversees all
major facets relating to the management of the
firms entire portfolio. Mrs. Solari has extensive
experience in the oversight of the day-to-day
operations to maintain financial, physical and
agency compliance on the entire portfolio.
Johrita has more than 38 years experience in
property management with a portfolio consisting
of approximately 6,904 affordable multifamily
housing units in 101 locations, a business park and
commercial properties throughout the United
States. Real Estate License #00932652
Gianna Solari - President
Gianna joined Solari Enterprises, Inc. in 1993.
As President of Solari Enterprises, Inc., Gianna
works directly with the management of their entire
portfolio, which consists of Low Income Housing
Tax Credits (LIHTC), Section 8, 202, 236, 811
PRAC, Rental Housing Construction Program
(RHCP), California Housing Finance Agency
(CalHFA) and Community Redevelopment
Agency (CRA). Her responsibilities include
ensuring all regulatory compliance and operations
obligations and are met. Along with the
responsibility of maintaining Solari Enterprises
Bruce Solari - Executive Vice President / CFO
Bruce is a nationally recognized authority in the
field of affordable multifamily housing. After
graduating from the University of California, Santa
Barbara, Bruce focused on a real estate career,
acquiring California Real Estate Broker and
General Contractor licenses. His skills and
expertise were developed through hands-on
experience working on site, then as a property
manager and eventually as President of a regional
property management company. As Executive
Vice President - Chief Financial Officer of Solari
Enterprises, Inc., Bruce is responsible for the
Financial Operations and continues to work in
various areas of development and construction.
Teaming up with Johrita, his wife and partner, they
are able to create a company that is effectively and
efficiently responsive to the needs of clients,
residents, government and funding sources.
Brokers License #00637985
Sean A. Theile - Director of Property
Management / Regional Manager
Sean is in charge of all property management
services in CA and oversees the on-sight Property
Manager. Sean is in charge of leasing, property
operations, budgeting and coordinating with social
and supportive services.
Bryan Vu Ho - Property Manager
Bryan is responsible for the day to day operations
at the property, including leasing, compliance,
logging maintenance requests and working closely
with Mercy House Housing Stabilization Case
Managers to ensure tenants thrive at Guest
House.
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SERVICE PROVIDER EXPERIENCE
A narrative describing recent experience, with an
emphasis on experience gained in the last five years
on projects similar to the one being proposed.
a. Include project name and type (homeless, special
needs, senior, large family, etc.), project address, unit
count and bedroom type, affordability requirements,
and funding sources in your description.
b. Include a description of current involvement with
the Orange County Continuum of Care and the
Orange County Coordinated Entry system. (If from
another county, may use that jurisdiction’s CoC.)
Overview / History
Mercy House has operated successful homeless
service programs for over 25 years and in that time
has served over 70,000 individuals. This includes
operating a variety of programs ranging from
homeless prevention, emergency services and
shelters, transitional housing, aftercare programs,
rapid re-housing programs as well as permanent
supportive housing facilities and residential services
program. The diversity of these programs has
afforded us the experience of working with a wide
variety of homeless subpopulations including, but
not limited to; families, adult men and women,
mothers and their children, Veterans, seniors,
chronically homeless individuals, persons living
with HIV/AIDS, individuals overcoming substance
addictions, and those who are both physically
and/or mentally disabled.
Mercy House is uniquely qualified to provide
permanent supportive housing in the City of Santa
Ana. Our history of operations within the city over
the past 25 years affords us extensive knowledge
and experience in regards to the needs and desires
of residents, neighborhood associations, and the
clients we serve. Santa Ana has served as Mercy
House’s center of operations as well as the site of
many of our programs and homes. We have
operated several programs within Santa Ana
including transitional housing for single men, single
women with children, single men and women with
HIV and AIDS, the Armory Emergency Shelter
program as well as Rapid Re-Housing and
Homelessness Prevention programs that directly
benefit the residents of Santa Ana. Mercy House
has been recognized by City and County officials
for their service to the homeless in the community.
Most recently, Father Jerome and Executive
Director, Larry Haynes were recognized in
December, 2015 by Mayor Miguel Pulido for their
work to end homelessness in the City of Santa
Ana.
Key Accomplishments: 2014-2015 Fiscal Year
HOUSING PLACEMENT
During the 2014-2015 fiscal year, Mercy House
set a goal to prevent or end the homelessness of
500 people. Exceeding expectations, we were able
to secure and maintain stable housing for 816
individuals who came through our doors!
HOMELESS PREVENTION
Mercy House’s Homeless Prevention Program
rescued 9 families, including 17 men, women and
children, from losing their homes, falling into
homelessness and entering the shelter system.
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EMERGENCY SHELTERS AND SEVICES
Mercy House served 4,852 homeless individuals;
meeting immediate needs and providing
connections to restore dignity and stability. This
includes 2,078 people through our Emergency
Shelter Programs, 536 through our Family
Redirection Program, 1,255 at the Ontario Access
Center, and 340 at the Anaheim Check in Center.
TRANSITIONAL SHELTER
Mercy House served 218 homeless men, women
and children in their transitional shelters; of
those 67% successfully transitioned into their own
stable housing, or remain active in our programs.
PERMANENT HOUSING
In 2014-2015, Mercy House’s ongoing permanent
housing programs were able to provide housing to
816 unduplicated individuals; including 431 people
through Rapid Re-Housing, 42 through our
Shelter Plus Care program, 86 in our Master
Leasing Program, and 106 in our affordable
housing programs.
SERVICE PROVIDER
PROJECT EXPERIENCE
Mercy House has extensive experience in
providing supportive services similar to those
proposed. Our primary focus as an agency is
providing housing placement and housing
stabilization services to homeless and chronically
homeless individuals and families.
Staff is trained in Critical Time Intervention (CTI)
model of early engagement which provides
emotional and practical support during the critical
time of transition from street to home and
strengthen each client’s ties to services, family and
friends.
Supportive services focus on intensive case
management to ensure that every client has the
chance to succeed and remain in permanent,
stable housing. Intensive case management
includes individualized service plans designed to
identify and address their individual needs and
barriers to maintaining permanent housing.
Housing Stabilization Case Managers work to
create and achieve goals, coordinate services,
counseling and support, crisis intervention,
intensive assistance with accessing mainstream
benefits and other community-based resources.
Permanent Supportive Housing Programs
Project Type: Permanent Supportive Housing
Population Served: Chronically homeless
individuals and families
Project Address: Scattered-site apartments
throughout Orange County
Unit Count/Bedroom Type: 140 units
Affordability Requirements: No income limits or
requirements
Funding Sources: United States Department of
Housing and Urban Development, private sources
Service Start Date: 2013
San Miguel
Project Type: Permanent housing with supportive
services
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Population Served: Formerly homeless individuals
and families
Project Address: 809 and 811 N. Garfield St.,
Santa Ana
Unit Count/Bedroom Type: 1 single family home
with 4 private bedrooms with baths, communal
kitchens and living rooms. 1 5-unit apartment
complex, four 1B/1B units and one 2B/2B unit
Affordability Requirements: At or below 50%
AMI
Funding Sources: Program revenue and rents
Service Start Date: 2005
Katharine Drexel Residence I/II/III
Project Type: Permanent housing with supportive
services
Population Served: Low-income and formerly
homeless families
Project Address: 2426 E. Athens Ave, Orange,
2106 W. Niobe Ave, Anaheim and 10882
Macmurray St., Anaheim
Unit Count/Bedroom Type: 3 single family homes.
2426: 4B/2B, 2106: 3B/2B, 10882: 4B/2B
Affordability Requirements: At or below 50%
AMI
Funding Sources: Program revenue
Service Start Date: 2012
Regina House
Project Type: Shelter
Population Served: Literally homeless single
mothers and children
Project Address: 1505-1509 North Bush Street,
Santa Ana, CA
Unit Count/Bedroom Type: 2 single family homes,
7 private rooms, 21 beds with communal
bathrooms, kitchens and living rooms
Affordability Requirements: At or below 30%
AMI
Funding Sources: Santa Ana ESG, Children and
Families Commission of Orange County, private
funding sources
Service Start Date: 1994
Joseph House
Project Type: Shelter
Population Served: Literally homeless single men
Project Address: 210 E. 16th Street, Santa Ana
Unit Count/Bedroom Type: 3 units, 9 shared
rooms, 20 beds with communal bathrooms,
kitchens and living rooms
Affordability Requirements: At or below 30%
AMI
Funding Sources: Santa Ana ESG, private funding
sources
Service Start Date: 1990
Bethany House
Project Type: Shelter
Population Served: Literally homeless single
women
Project Address: 2543 Terrace St., Anaheim, CA
Unit Count/Bedroom Type: 3 units, 5 shared
rooms, 12 beds, with communal bathrooms,
kitchens and living rooms
Affordability Requirements: At or below 50%
AMI
Funding Sources: Private sources
Service Start Date: 2013
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Assisi House
Project Type: Shelter
Population Served: Literally homeless, single men,
single women, and single mothers with children
Project Address: 521 N. Virginia Ave, Ontario CA
Unit Count/Bedroom Type: 2 single family homes,
7 private rooms, 21 beds, with communal
bathrooms, kitchens and living rooms
Affordability Requirements: At or below 30%
AMI
Funding Sources: Ontario CDBG, program
revenue
Service Start Date: 2007
National Guard Armory Emergency Shelter
Project Type: Emergency Shelter
Population Served: Homeless single men and
women
Project Address: 612 E. Warner, Santa Ana CA,
400 S. Brookhurst, Fullerton CA
Unit Count/Bedroom Type: Two large scale
emergency shelters, 200 beds per shelter per
night
Affordability Requirements: No income limits or
requirements
Funding Sources: Orange County funds, Santa
Ana ESG, Fullerton CDBG, EFSP,
Service Start Date: Mercy House was awarded the
contract to operate this program in 2008
INVOLVEMENT WITH THE
COORDINATED ENTRY SYSTEM (CES)
As an agency, Mercy House provides a significant
amount of leadership and advocacy to the Orange
County Continuum of Care and to the creation
and operation of the Coordinated Entry System.
Such roles and leadership activities include:
Mercy House’s Executive Director, Larry
Haynes, was one of the chief architects of the
County’s Ten Year Plan to End Homelessness.
He currently is member of the Commission to
End Homelessness Board of Directors. He is
also Chair of the Commission’s Homeless
Prevention and Outreach Subcommittees.
Mercy House’s Executive Leadership team
actively participate in numerous Commission
to End Homeless Subcommittees including but
not limited to the Coordinated Entry
Subcommittee.
Mercy House’s Outreach teams were one of
the first to volunteer our services to conduct
VI-SPDAT assessments on homeless
individuals; we currently have more than 10
staff members who are trained to conduct such
assessments.
Mercy House’s own Permanent Supportive
Housing programs have been used to launch
and pilot the system here in Orange
County. Overall, they have dedicated over a
hundred hours of staffing resources to inform
the creation of the Coordinated Entry System.
Mercy House, as lead agency for a cohort of
homeless service agencies, applied for and was
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awarded capacity building funding to help
further expand the Coordinated Entry system
to include Rapid Rehousing for individuals and
families.
In addition to the Orange County Continuum
of Care, Mercy House also provides active
participation and leadership to the San
Bernardino County Continuum of Care and
the Maricopa County Regional Continuum of
Care (Phoenix, Arizona).
In order to find eligible residents, Mercy House will
utilize the county’s Coordinated Entry System to
make and receive referrals. Mercy House will
implement a housing first model ensuring that no
eligible resident will be turned away for having too
little or no income, an active or history of
substance abuse, a criminal record with exceptions
for state-mandated restrictions, or a history of
domestic violence. The project also ensures that
participants are not terminated from the program
for failing to participate in supportive services,
failure to make progress on a service plan, loss of
income or failure to improve income, being a victim
of domestic violence or any other activity not
covered in a lease agreement typically found in the
Orange County area.
OWNER EXPERIENCE
CDP is an experienced multifamily and mixed-use
developer focused exclusively on creating and
preserving vibrant housing communities with a
focus on California, Oregon, and Arizona.
The company’s principals have over 30 years of
combined experience working with cities and public
agencies to bring new investment into existing
neighborhoods. The company was formed in
2011 by leaders in the field of residential housing
development. With over $95 million in portfolio
projects that have been awarded tax credits, a
growing pipeline of future projects, and a robust
tax credit marketplace, CDP is an ideal partner for
land sellers and public agencies.
CDP is committed to improving the communities
in which it works by not only providing quality
affordable housing developments, but also ensuring
that all CDP developments are sustainable and
enhance the fabric of the overall community. Our
infill communities are more than just housing.
Our designs focus on creating centers of culture
and education for the surrounding community in
addition to fulfilling the basic housing needs of our
low-income residents. CDP has a strong focus on
the incorporation of the local arts community by
integrated artwork and ongoing art programming
into the supportive services.
CDP’S mission is to develop and operate
sustainable, life-enhancing affordable housing with
a focus on long term community engagement.
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Since 2012, CDP has received tax credit
allocations on 7 projects consisting of total project
costs of over $95 million. In addition to those
already owned by the company, CDP currently has
a pipeline of 5 sites for future development. CDP
currently owns or is planning projects in the
California cities of Newport Beach, Morgan Hill,
Glendale, Santa Ana, Midway City, and Vacaville;
Portland, Oregon; and Arizona cities of Mesa and
Phoenix. CDP has offices in Newport Beach,
California and Portland, Oregon.
CDP FEATURED PROPERTIES
CDP has proven experience as an owner working
with special populations and supportive services
providers in tenant-based voucher programs as
evidenced by several existing projects under CDP
ownership and oversight.
Cascadian Terrace --- Portland, OR
Cascadian Terrace is an existing 103-unit
affordable apartment community in Portland
Oregon that operates under a Section 8 project-
based HAP contract. The 4-story property is
comprised of studio, 1-bedroom and 2-bedrooom
units, currently rent restricted with AMI levels at
or below 60%. Approximately 90% of the
residents are formerly homeless. While not
required, CDP chose to bring on at the site level a
supportive services coordinator to provide the
extra support a formerly homeless tenant
population needs. The services coordinator staff
establishes resident functions, refers residents to
neighborhood services, and provides one-on-one
interaction with those individuals who need it
most. Monthly AA meetings are held in the
community room, a community garden program
has been established, and planting of fruit bearing
trees around the property contribute to the onsite
food bank set up by the staff. CDP partnered with
a local neighborhood non-profit, Portland
Community Reinvestment Initiatives, to further
enhance the services provided to the residents.
The Lodge --- Morgan Hill, CA
The Lodge at Morgan Hill is a newly constructed
138-unit low-income apartment community for
seniors 55+, financed with 4% LIHTCs and Tax
Exempt Bonds. The community currently houses
15 formerly homeless individuals, 12 of which hold
VASH vouchers. Our onsite property
management company works closely with the VA
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office and their case managers to help facilitate
ongoing independent living for those residents.
Additionally, CDP partners with a local non-profit,
Loaves & Fishes, to provide three meals a day to
residents free of charge. Ongoing resident
services are provided by LifeSTEPS and include
resident services coordination and classes that
promote resident independence. At CDP’s
election, an additional resident services
coordinator was hired on the property
management side to increase the number of
resident functions and improve resident
interaction.
Cypress Senior Living --- Glendale, CA
Cypress Senior is an 18-unit affordable
community in Glendale, CA for seniors aged 62+
and includes a set-aside of 6 units for Veterans.
CDP partnered with the Glendale Housing
Authority who provided $1,447,523 in HOME
funds for the acquisition and rehab in addition to
providing a below market permanent loan. Non-
profit service providers include the Central Valley
Coalition for Affordable Housing, and Integrity
Housing at the ownership level. With a third of
the residents being Veterans there is ongoing
interaction with the case managers of the VASH
voucher program, the City of Glendale Housing
Authority, Homes for Heroes, and the City of
Glendale housing department.
Currently CDP is partnering with American
Family Housing in Midway City on a 100%
permanent supportive housing development to
service formerly homeless. We are also working on
projects in Newport Beach, CA and Vacaville, CA
where VASH Vouchers have been awarded to
provide permanent supportive rental units.
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REFERENCES
Include a list of at least three references from public
agency or nonprofit partners with full names, contact
information, and identification of the project(s)
worked on.
MERCY HOUSE REFERENCES
HomeAid Orange County &
Commission to End Homelessness
Scott Larson, Executive Director/Board Chair
24 Executive Park, Suite 100, Irvine, CA 92614
949-777-3865 / scott@homeaidoc.org
Projects: Commission to End Homelessness,
Regina House, Bethany House, Emmanuel House,
San Miguel Residence
211OC
Kristin Jefferson, Director of Collaborative
Engagement
714-589-2351 / kjefferson@211oc.org
P.O. Box 10473, Santa Ana, CA 92711
Projects: Coordinated Entry System (CES)
City of Ontario Housing and Municipal
Services Agency
Katryna Gonzalez, Project Manager
909-395-2322 / kgonzalez@ci.ontario.ca.us
208 West Emporia, Ontario, CA 91762
Projects: Guadalupe Residence, Francis
Residence, Begonia Residence, Assisi House,
Rapid Rehousing, Ontario TBRA, Shelter Plus
Care
CDP REFERENCES
Foundation for Affordable Housing
Deborrah Willard, President
949-443-9101 / deb@ffah.org
384 Forest Ave, Suite 14, Laguna Beach, CA
Projects: The Lodge at Morgan Hill, Butterfield
Retirement, El Rancho II
City of Morgan Hill
Mayor Steve Tate
408-778-6480 / steve.tate@morganhill.ca.gov
17555 Peak Avenue, Morgan Hill, CA 95037
Projects: The Lodge at Morgan Hill &
Butterfield Retirement
City of Vacaville
Emily Cantu, Housing and Redevelopment
Project Coordinator
707-449-5675 /emily.cantu@cityofvacaville.com
40 Eldridge Ave, Ste 2, Vacaville, CA 95688
Project: Rocky Hill Veterans
City of Mesa
John Wesley, Planning Director
480-644-2181 / john.wesley@mesaaz.gov
55 N. Center St., Mesa, AZ 85201
Projects: El Rancho del Arte & El Rancho II
City of Glendale
Mike Fortney, Housing Project Manager
818-548-3723 / mfortney@ci.glendale.ca.us
141 N. Glendale Ave., Ste 202, Glendale, CA
Project: Cypress Senior Living
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EXHIBITS
Mercy House 501(c)3 Status
Mercy House Certificate of Good Standing
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PROJECT MANAGEMENT PLAN
Guest House is an affordable housing community containing seventy seven (77) units comprised
of studio and 1 bedroom units. The community is ideally located for the convenience of schools
and recreation. Property characteristics and amenities include:
Smoke free community Outdoor lounge areas
Range and refrigerator Pool
Resident Services program On-site laundry
Furnished units
The property will be managed by Solari Enterprises, Inc. and Mercy House will be the on-site
service provider offering a variety of resident services programs, tailored to the needs of the
residents.
I. PROPERTY MANAGEMENT
A. Role and responsibility of the Owner and/or delegation of authority to the management
agent.
1. Scope of Responsibilities. The respective responsibilities of Guest House LP.
(the "Owner") and Solari Enterprises, Inc. (the "Agent') are described in the Management
Agreement. This Project Management Plan (the “Plan”) is incorporated by reference
in to the Management Agreement. This Plan does not supersede the Agreement. The
terms of the Agreement supersede any terms of this Plan if there are any
contradictory provisions, while the terms of this Plan supplement the terms of the
Agreement if any provisions in the Plan are not explicitly included in the Agreement.
The Agent will need prior approval from the Owner before taking action as noted below:
a) Approving of any large contracts such as exterior painting, remodeling,
etc.
b) Disbursements in excess of $3,000 for labor and or materials required to maintain
the development. The Agent must make every effort to keep disbursements within
the guidelines of the projected budget amounts.
2. Change in Management Agent. The Owner maintains a list of property management
agents who have the experience and capacity to manage the site and who are experienced
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in publicly supported affordable housing projects.
The Management Agreement provides that the Agreement may be terminated at any
time and without cause by the Owner or the Agent with thirty (30) days written notice.
If the Agent changes after occupancy, the Owner shall immediately seek and contract for services
with another agent. The Owner and the Agent shall abide by the procedures outlined in the
Management Agreement. The Owner shall be responsible for providing the new Agent with the
scope of responsibilities for on-going operations.
B. Property Management Personnel Policy and Staffing Arrangements.
1. Job Titles. The following personnel will be involved in the management of the property.
a) Regional Manager
b) Compliance Specialist
c) Property Manager
d) Maintenance
2. Hiring Policy
a) Minimum job qualifications for each position are detailed in the job descriptions in
Exhibits.
b) Interested applicants may contact Solari's Home Office to establish a time to come in
and complete an application. An applicant will be required to complete a written
application and take a drug test. Skills testing and an oral interview may also be
required. Solari will inform each applicant if they were accepted or the rejected for
an employment opportunity.
c) Applicants are considered for positions, and employees are treated during their
employment without regard to race, ethnicity, national origin, religion, creed, sex,
age, marital or veteran status, medical condition or handicap. All hiring of personnel
shall conform to Equal Employment Opportunity guidelines.
3. Staffing
Guest House will be staffed by at least a Property Manager and a Maintenance Technician,
all positions will be full time (40 hours per week). One of the staff members will reside on-
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site.
It is the intent of property management to comply with the laws and regulations, as
applicable, concerning fair employment and affirmative action. Solari will work with the
Owner to actively recruit qualified minority candidates for all jobs. Special efforts will be
made to provide information regarding job openings to minority candidates and contractors
through outreach to community organizations, bulletin boards, newspapers, and other
communications media. All hiring materials will indicate that Solari is an "Equal
Opportunity Employer."
4. Training
Solari staff will receive comprehensive training by the Management. In addition, the
Regional Manager will provide concentrated training to personnel on a regular basis
during the site visits. Training of all personnel covering the program guidelines and
management policies will be carried on an ongoing basis. In addition, the Agent will inform
its staff in writing of all changes in management policies and requirements immediately
after any such changes have been published. The project related personnel would be sent
to relevant management workshops sponsored by various property management
associations and agencies for the purpose of updating and renewing work-related skills.
5. Employment of Residents
Solari may give priority to qualified residents of Guest House and then to members of the
local community in hiring of project personnel, and will make available to the residents all
pertinent information, such as qualifications, remuneration, application procedures, etc.
C. Plan for Maintaining Adequate Accounting Records and Handling Necessary Forms and
Vouchers
1. Project Accounting Basis.
Financial accounting, reports, and records shall be in conformance with standard accrual
basis accounting procedures, and shall be responsive to the guidelines provided by the
regulatory agencies connected with the project.
Solari shall maintain all accounting records on a computer system at the central office
location. Records of rent collection and all financial transactions will be transmitted to the
Home Office and input into the computer system where a general ledger, cash receipts
and disbursements records will be maintained.
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All regulatory reporting documents will be completed in conjunction with the Owner and
will be based upon the requirements of the regulatory agencies. At a minimum, the
Owner shall receive monthly reports concerning the following:
a) Cash status report including cash receipts, disbursements and receivables.
b) List of accounts payable.
c) Comparisons of actual versus budgeted operating costs as well as comparisons with the
operating costs in the previous year.
d) Vacancy report.
2. Operating Disbursements
Disbursements from the operating account shall be made as described in Paragraph 13 of
the Management Agreement. Bills will be paid and accounts will be funded pursuant to
the requirements of the project's Management Agreement and Loan Agreement.
Specifically:
a) A purchase order system will be utilized to document most project expenses with the
exception of items and services provided on a regular contractual basis (utilities,
trash removal, service contracts, etc.).
b) Purchase order copies will be matched to invoices and approved by the property
manager prior to payment. Payments will be processed semi-monthly.
c) Solari and/or Owner shall maintain the following separate accounts:
General Operating Account. Solari shall maintain an operating account for rent
collection and payment of the project's operating expenses.
Operating Reserve Account. Solari shall maintain the operating reserve account.
This account will be initially funded as required by the lenders and investors to
the project in the amount established in the regulatory agreements. Subsequent
deposits to this account will be made in amounts as specified in the annually approved
operating budgets. Funds may be transferred from this account only to cover actual
operating expenses in excess of the approved budget amount, or to compensate for
vacancy and bad debt losses in the approved budget amount. Prior approval must be
obtained before withdrawal of funds.
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Replacement Reserves. This account will be funded through regular contributions
from the Operating account. The initial contribution to this account will be
determined by the lenders and investors to the project in amount established in the
regulatory agreements. The amount of funds will be based on anticipated capital
improvements, project upgrading, and replacement items that the projects physical
assets will require. Prior approval must be obtained before withdrawal of funds.
Security Deposits. The Agent will maintain a Security Deposit Account. The account
shall be separate from the operating account. (See Section 5 for additional
information on the Security Deposit Account.)
3. Cost Control
Expenses in excess of $3,000 require the Owner's specific approval, except for
emergency repairs where Solari will communicate with the owner as soon as possible.
Purchase contracts in excess of $2,000 must be put out for three bids.
All reporting and accounting requirements shall be governed by the Management
Agreement.
4. Vacancy and Rent Loss Records
As outlined in the Management Agreement, Solari shall prepare, as part of the monthly
reports to the Owner, an income/expense statement, and a rent roll showing scheduled
and actual rents with a list of resident delinquencies. Delinquency reports shall indicate
whether residents are 30, 60, or 90 days behind in their rent.
5. Security Deposits
Security deposits will be collected in an amount equal to one (1) month's rent. Solari shall
establish an interest bearing account for Security Deposits.
The amount of any deductions from the security deposit will be determined by the
Solari Property Manager under guidelines established by Solari and approved by the
Owner. Security deposits may be used to pay for resident-caused damages, lost keys
or garage door remote controls, delinquent rent, late fees, legal fees and any other
reasonable expense caused directly as a result of a resident's actions. If no charges are
made against a resident's security deposit, a resident shall be entitled to a refund of a
security deposit. Interest shall be included in such refund to the extent required so by
any applicable law. Security deposit refunds will be mailed to a former resident within 21
days of departure. Any accrued interest on security deposits that is not required by law to
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be refunded will be made available for operations and repairs related to the project.
Security deposits shall be maintained in a separate account from the operating and reserve
accounts. Security deposits shall be shown as liabilities on all project reports, and not
included as income.
Upon vacating a unit, Solari shall inspect the departing resident's unit to determine whether
the resident household caused any damages while they occupied the unit. The inspection
form prior to move-in shall be used as the basis of comparison. In the event that there are
resident-caused damages, Solari shall prepare within 21 days of the vacate date, an
estimate of the cost of repairing the damages and provide the estimate to the resident.
Within 21 days of departure, Solari shall make the necessary repairs and send the former
resident an itemized list of repair costs (if any), and credit the security deposit against the
cost of repairs. The former resident shall be sent a check for the balance of the
security deposit, if any. Should the repair costs exceed the amount of the security
deposit, and then the former resident will be sent an invoice for the excessive cost of
the repairs. All documentation shall be maintained in the former resident's file.
D. Management Plan Updates
The Management Plan shall be updated on the following occasions:
a) Change or modifications of Guest House management guidelines, which will be
reviewed annually.
b) Alteration of the Guest House staffing that necessitates operating procedure
revisions.
E. Property and Liability Insurance
The Owner shall arrange for the Project to be insured against loss by fire and such other
hazards, casualties, liabilities and contingencies, and in such amounts and for such periods as
required by the regulatory agencies.
F. Confidentiality
Solari understands the need for confidentiality as it relates to the resident’s privacy
on all levels, not just associated to their housing. All verbal communications will be had in the
private areas, not in open settings. All written communications will be maintained in the
resident’s file, which is kept in the on-site management office under lock and key.
Discussions with resident services provider Mercy House will be on specific topics, not
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discussions in general. Solari requires all staff to review, understand and execute a
Confidentiality Agreement at the time of hire.
II. OCCUPANCY
A. Unit Breakdown
Guest House will be comprised of 77 units. All applications received will be reviewed for all
program requirements and eligibility restrictions.
B. Marketing and Resident Selection
1. Affirmative Fair Housing Marketing Plans and Procedures
Solari will be responsible for marketing and leasing the units. The rental office will be
located onsite and the Owner will supply all of the necessary office furniture (desk, file
cabinet, chairs, etc.) and equipment (typewriter, computer, printer, calculator etc.).
Units shall be marketed in accordance with Affirmative Fair Housing marketing guidelines.
All advertising for Guest House shall include prominent use of Equal Housing Opportunity
logos, slogans and/or statements of intent to affirmatively market the units.
Outreach to the community will specifically be through internet listings, local government
agencies and community organizations; such as the Santa Ana Housing Authority, veteran
service providers, the Department of Veteran Affairs and local employers. The
outreach will be countywide and reach a diverse racial, ethnic and economic mix. The
main source of tenants will be through the County CES in conjunction with the service
provider, Mercy House.
2. Initial Resident Selection
The initial rent-up shall be conducted by Solari's personnel. Solari shall utilize staff
members that are well trained in eligibility requirements, family composition criteria, unit
size selection processes, and Owner and Housing Authority approved selection criteria.
Prior to leasing units, Mercy House will inform local shelters, drop-in centers, safe
havens, and service agencies of the qualifications of the building and will encourage
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agencies to place qualifying applicants into the County-wide, HUD approved
Coordinated Entry System (CES). This allows applicants adequate time to collect the
necessary documentation for approval. Mercy House Housing Stabilization Case Managers
will assist the applicants with collecting the appropriate documentation and securing bridge
housing services in the interim, if needed. Mercy House, as recipient of the Continuum of
Care Grant for housing chronically homeless households in Orange County, has already
begun the placement of homeless households into market rate units. They have
approximately 38 clients they are able to place at the proposed project by March.
The tenant selection application process will abide by 25 CCR Section 305,
including Section 8305(a)(1) which includes priority status under a local coordinated
access system, also known in Orange County as the Coordinated Entry System,
developed pursuant to 24 CFR 478.7(a)(8). As noted, Mercy House will coordinate with
the CES and will prioritize according to vulnerability utilizing the prioritization decision
assistance tool developed for Orange County. If those lists are not sufficient to fill the
number of eligible units and are not available in a timely manner, the property will accept
referrals from VA programs for homeless veterans, Supportive Services for Veteran
Families (SSVF) program, emergency shelters, safe havens, drop-in centers, street
outreach programs frequented by vulnerable persons experiencing homelessness, and
the public.
Applicants will complete the required documentation and verifications to ensure eligibility.
Owner, Agent and Mercy House will collaborate with County, City, and VA departments
when appropriate.
Mercy House also assists applicants by providing advocacy during applicants’ reasonable
accommodation process and appeal process. Mercy House reviews all denials except
denials administered by the property management company regarding income, assets and
school verifications. This allows Mercy House to intercede prior to unnecessary denials
being sent out. This also allows Mercy House to ensure that the property is complying with
the Housing First practices which ensures access to housing regardless of the applicants
sobriety or use of substances, completion of treatment, agreement to participate in
services, lack of poor credit or financial history, lack of rental history, and minor
criminal convictions.
Regarding priority, once the lease-up process has started, and applicants have been
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received from CES and interviewed by lease-up staff, they will continue in the process
towards obtaining a unit. Applicants will be given a reasonable amount of time to obtain
required documentation and verifications. If requested, Mercy House will assist with the
porting process if needed by the tenant-based voucher. Mercy House will also assist in any
appeals or reasonable accommodations requests as desired by the applicant.
The following is a summary of resident selection procedures to be used at the property.
These are subject to the SAHA’s review and approval:
a) All qualified applicants that are not able to move in will be placed on a waiting list and
shall receive a letter informing them of their status.
b) Those applicants not selected for occupancy shall be provided with written notification
stating the reasons for their ineligibility. Such reasons might include but are not limited to
the following: over income, insufficient income (inability to pay the rent), and criminal
history. Housing First practices will guide selection criteria to avoid automatic applicant
denials. Those applicants rejected for residency shall be provided with an opportunity to
appeal. The appeal process shall allow for the applicant to provide supplemental
information to the application including additional third party verification and/or testimony.
c) Eligible applicants will be provided with third-party verification forms to be filled out
by the income provider, or themselves if they are self-employed. Self-employed persons
must provide a signed affidavit, a year to date Profit and Loss Statement and two years
Federal Tax Returns, including all schedules submitted. Third-party verification forms may
be waived for those chronically homeless applicants.
d) Upon third-party verification of income, the applicant shall either be offered residency
or their name shall be added to the waiting list and time-dated. The waiting list will be
updated on a regular basis (every six months). Applicants on the waiting list will be
required to contact the manager (in writing) at least every 6 months in order to remain
on the waiting list. All revisions to applicant’s data on the waiting list will be maintained by
Solari’s Property Manager, including date of change and person noting change. The
waiting list will be kept electronically using Yardi Systems Software to establish a clear
audit trail. The waiting list will be made available for review by the Housing Authority,
upon written request to the Owner.
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e) Solari shall attempt to contact those households that have been on the waiting list for
the longest period of time. If a household cannot be contacted after documented
attempts, the Agent shall interview the eligible households that responded to contacts,
with preference being given to those households that have been on the waiting list the
longest. The interview shall include not only those items listed on the Interview Checklist,
but shall explain management practices and guidelines. Prospective residents will be
informed that continued income eligibility and annual income recertification will be
required as a condition of occupancy. Applicants who are deemed suitable for occupancy
shall have the opportunity to inspect the unit to be rented, shall sign an inspection form and
a rental agreement, and shall pay the security deposit. Prior to move in the units will be
inspected by Mercy House.
f) The 71 Project Based Voucher units (1 manager’s unit) at Guest House will target
chronically homeless residents earning at or below 30% Area Median Income. The units
set aside for chronically homeless people will serve those with income derived primarily
from public entitlement programs, and most will have a disability. Individuals served may
have recent involvement in the criminal justice system, a co-occurring substance abuse
disorder, and will be high utilizers of County emergency or inpatient mental health care.
Criminal justice involvement is typically defined by an incarceration within the past year,
and more often than not, is a result of crimes related to serious mental illness and
homelessness, such as trespassing, disturbance of the peace, and drug charges. The
chronically homeless population will require more intensive services than seven (7) non-
special needs tenants, especially in the areas of mental health, substance abuse, health
care, legal advocacy and proactive outreach and engagement. Solari and Mercy house will
work closely during initial lease-up and ongoing operations to help provide the assistance
this target population needs.
g) To the extent feasible, the support service provider and property manager will coordinate
the utilization of the Coordinated Entry System (CES) for housing placements with the
Department of Health Services (DHS).
After lease-up, if CES is able to provide a list of eligible tenants for vacant units the
property may prioritize those households for processing, which may include applicants from
the original lease-up lists. However, if CES is unable to provide a list sufficient to fill the
vacant unit(s) and is not available in a timely manner, the property may process applicants
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from the original lease-up list and if that has been exhausted then opening the wait list
to mass-marketing and local agencies including emergency shelters, safe havens, drop-in
centers, and other service agencies.
3. Screening Standards
a) Credit and Occupancy Standards:
All applicants are to be given an equal opportunity to lease our apartments in strict
accordance with current Fair Housing Legislation. The following are the standards of
which to measure all applications for acceptability. If negative information is found in any
category below, the applicant may be subject to denial. The property will, however, adhere
to Housing First principles, meaning those applicants who are currently homeless will not be
automatically declined for the reasons below.
Credit History:
Negative findings in excess of (2) past due accounts is unacceptable. Any bankruptcy
proceedings must be finalized prior to signing a lease. Any unlawful detainer is
unacceptable
Rental / Landlord History:
An applicant must be able to provide positive landlord references for the previous five years.
The applicant should also be able to prove the ability to make monthly payments (rental
payments preferred) on time and without demand.
Criminal Record:
A criminal record verification will be made on all persons 18 years and older who will
occupy the apartment. Cause for the application to be rejected includes;
Violent felony convictions
Manufacturing or sale of drugs
Child abuse, child molestation or negligence involving a child
Assault and /or battery or any violent act(s) against another person
Vandalism/Burglary/Theft
Active warrants
If it is discovered that the applicant has given false information or has not accurately
completed the application to avoid negative information being found, the application will be
denied. If a lease has been entered into and such information is discovered, the lease
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will be voided and legal action taken to evict.
4. Pre-Occupancy Orientation
A pre-occupancy orientation program will be provided for applicants during the interview
process. If applicants are accepted, at the time of the execution of the lease and payment
of security deposit, Solari and Mercy House shall re-orient the households on the project.
The orientation shall include a full and detailed review of the project house rules, and
will also include a question and answer period during which the residents can become
acquainted with each other as well as Solari and Mercy House.
C. Procedures for Determining Resident Eligibility and for Certifying and Annually Recertifying
Household Income and Size
1. Initial Resident Eligibility
Steps to determine initial income eligibility are described in Section II above.
2. Annual Resident Recertification
Each household will be informed during the interview and orientation process of the
requirement to have household income and composition re-certified annually.
Annual interviews with each household will be scheduled according to a recertification
schedule established by Solari. Every calendar year every household must be re-
certified. The re-certification procedure will begin 120 days prior to the required time of
completion. The full re-certification process will be almost identical to the initial
certification required at move in time.
D. Resident Occupancy Standards
a) Pets: No pets are allowed in Guest House.
b) Permissible Absences: Resident families are required to occupy Guest House as their
primary place of residence. Absences beyond 45 days will be permitted for emergency
purposes only, as long as rental payments are kept current during the absence.
Requests for absences must be submitted to Solari in writing, giving the reasons for the
absence, the dates of the expected absence, and any other material circumstances
that might affect Solari's decision about the appropriateness of the absence. The resident
will be notified in writing of the decision.
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c) Resident Incapacity: In the event that a resident appears to be incapacitated so as to
make self-care difficult, Solari will immediately contact relatives as well as Mercy House
who may contact referral agencies to assist the resident. In the event that the resident
becomes so incapacitated as to be unable to care for himself/herself, the County
Guardian's Office may be contacted to determine what facility the resident should be
transferred to.
d) Live-In Attendants: Residents with disabilities severe enough to require live-in attendants
shall be required to present written certification from their physician that their disabilities
require live-in care. In that event, the unit must be large enough to accommodate the
attendant according to published occupancy standards.
e) Substance Abuse Policy: It is the policy of all parties involved in developing
a n d managing Guest House, to promote and maintain a safe, healthy, and productive
drug-free environment, for the benefit of all residing and working at the community.
Substance abuse is considered a very serious issue and the aforementioned attach great
importance to our commitment to maintain a drug-free environment.
Therefore, the unlawful manufacture, distribution, dispensing, possession, use of, or
being under the influence of alcohol, controlled substances, drugs, narcotics, or any
intoxicant is prohibited. Residents and / or their guests violating any part of this policy
are subject to lease violations, up to and including eviction.
E. Rent Collection Policies and Procedures
1. Rent Calculations and Collections
The Owner, in conjunction with the Housing Authority’s approval, shall agree to the rent
for each unit at the time of lease up in advance. The prospective resident household shall
be informed of the rent prior to executing a lease. Annual rent increases, if any, shall be
approved subject to approval. Residents shall be informed of any rent increases at least 30
days prior to their implementation.
Rent collection procedures are defined in Paragraph 8 of the Management Agreement.
Typically, rents shall be delivered to Solari’s Property Manager. The Property
Manager shall provide the resident with a receipt and enter the amount paid into the
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monthly rent receipt journal. Rents shall be collected by Solari and deposited into the
operating account.
All rents shall be due on or before the first working day of each month. Rent is considered
delinquent on the second working day of the month. Rents must be paid by cashier’s
check or money order. No cash will be accepted.
2. Actions for Late Rents
Residents who have not paid their rent by the second working day of the month will be
served a Notice to Pay Rent or Quit. Failure to pay rent will result in eviction. Solari may
consult with the Owner and Mercy House prior to initiating any legal action against any
residents. Solari shall provide the attorney with copies of all documents and request
that an eviction be scheduled with the court. Eviction proceedings must follow
procedures outlined in the California Civil Code. The household will be charged for the
cost of any legal actions the Owner incurs due to the actions of the household. Solari will
inform the Mercy House of any late rent payments and notices being sent to residents to
that any issue in late rent can be resolved prior to the need for an eviction.
3. Partial Rent Payments
Partial rent payments will not be accepted unless specific arrangements with Solari are
made in advance of the time when rent is due. Rent is due in full on the first working day of
each month.
4. Recovery of Damages in Excess of Security Deposit
The full amount of back rent and damages will first be established informally and then
formally in a judicial unlawful detainer action so that Guest House may claim damages as
part of the court’s judgment. If the damages are significant and the resident's
income is determined sufficient, a collection agency may be contacted to secure the
judgment.
F. Procedures for Appeal and Grievance
1. Eviction Prevention
Notices to perform or quit will be issued by the property manager for lease violations.
However, unless instructed in writing otherwise by a tenant, Mercy House Housing
Stabilization Case Managers will receive a copy of the notices. This practice gives the
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Housing Stabilization Case Managers the opportunity to intervene on the tenant’s behalf
to prevent eviction and preserve tenancy. Weekly site staff meetings also allow both
supportive services and property management staff designated time to discuss and
strategize about non-private (in compliance with HIPAA laws) behavioral concerns that
might impact the apartment community. In instances where circumstances may lead to
eviction, a reasonable accommodation may be requested of property management in
order to assist the tenant in preserving his/her tenancy. Lastly, where evictions are
inevitable, the services staff can and will assist the tenant to relinquish their unit, and
relocate alternative housing as a last effort to avoid a formal eviction process.
2. Eviction Policies
Residents that have violated their lease or other regulations will be given written warnings
of the violations. Should the violation continue, Solari would inform the Owner that
they intend to initiate eviction procedures.
Evictions for nonpayment of rent are described in Section II.C (2) above. Eviction for
nuisance shall be undertaken when there is documentable evidence (correspondence,
witnesses of illegal activities, police actions, lease violations, etc.) available that the
Agent and the attorney may determine to be winnable in court. Court actions
typically require six to ten weeks for a decision. Fully contested evictions can take
longer, and uncontested evictions, depending upon the workload of the court at the time,
may take slightly less time.
No rent will be collected during any eviction for non-payment actions. If a resident who
is in the process of being evicted for nonpayment of rent desires to pay the rent in full,
then Solari’s Property Manager shall confer with Solari management to determine
whether rent will be accepted. If rent is accepted, the resident will be required to pay
with money order or a cashier's check only. If it is determined that the resident is
chronically late or has a serious nonpayment problem, then Solari has the option of
foregoing the rent and continuing with the eviction if the deadline specified in the
Pay Rent or Quit notice has already elapsed.
3. Processing Resident Complaints
There are occasions when problems may arise and it is very important that these
problems are discussed immediately and resolved before they have a chance to
become serious. A problem should first be taken to Solari’s Property Manager and
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the Mercy House Housing Stabilization Case Manager. If the Property Manager
and/or Housing Stabilization Case Manager does not resolve it, the resident should then
contact Solari’s Regional Manager. If the problem is not resolved at this level, the
resident may submit in writing his/her complaint to the next position of authority, which is
the President for Solari Enterprises. Complaints can be mailed or hand delivered to the
Agent and can be signed or anonymous.
4. Lease and House Rules Violations
Evictions are minimized through clear communication with residents regarding
responsibilities and expected behavior. Bi-weekly meetings with the site staff team,
including the lead service provider, Mercy House and Solari property management staff
will have a standardized agenda that will address all concerns that span property
management and service provision. The meetings will include at a minimum: significant
and relevant changes, rent changes, events and activities scheduled at the property, legal
notices received by residents, eviction updates, resident issues, and move-ins and
outs. At the meetings the team will discuss strategies for site staff to assist households in
obtaining the services or support they need in order to preserve their housing. Mercy
House may also assist residents with requesting reasonable accommodations in the event
that lease violations are caused by circumstances involving a disability. The weekly
meetings will provide opportunities for early intervention to avoid lease action. Notices to
perform or quit will be issued by the property manager for lease violations. However,
unless instructed in writing otherwise by a tenant, Mercy House Housing Stabilization
Case Managers will receive a copy of the notices. This practice gives Mercy House the
opportunity to intervene on the tenant’s behalf to prevent eviction and preserve tenancy.
Mercy House will work collaboratively with the tenant, Solari, and each other to prevent
evictions. Evictions shall always be a last resort. House rules, tenant law, and the
leases shall be the framework that management staff shall refer to when working with
services and with tenants to retain their housing by minimizing behavior that disturbs the
quiet enjoyment of others. Regardless, where consistent application of leniency and
flexibility is likely to result in housing retention, such accommodations shall be built into
the team's response to tenant issues. The following lists the standards for addressing
lease and house rules violations. Mercy House will work in partnership with Solari
according to these guidelines.
Prevention Steps:
a) Solari Property Management and Mercy House team, during bi-weekly meetings, and
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as they occur, will review resident list of notices, delinquencies and/or other lease
violations or items of concern.
b) Solari and Mercy House will discuss and document plans for providing residents with
rental assistance, support around house rules, including lease violation related
education and resolution.
c) Solari and Mercy House will meet with the tenant to discuss an arrangement which
may include outside rental assistance or other intervention. If appropriate, Solari’s
Property Manager will serve the lease violation to the tenant.
d) Mercy House will provide follow-up on status of support at each meeting.
e) Solari and Mercy House will set documented deadline for rental or other assistance
to be received or expected behavioral changes to occur, taking into consideration the
time needed to work with the tenant to bring about the needed change.
f) Solari and Mercy House will continuously communicate and collaborate in order to
ensure that necessary interventions occurred and to mitigate future lease violations.
g) Solari in accordance with the Owner’s standards, the lease, and Fair Housing will set
a number of allowable lease violations before further legal action will be taken. The
number of allowable lease violations will vary based on circumstances, but will always
be based on the fair application of the House Rules.
Residents who violate lease agreements and/or the project's house rules shall always be
notified in writing with a request to correct or remedy the violation. Duplicate records
will be filed in the resident's file, with any responses. If the same or other violation
occurs or continues, then the resident will be advised in writing that continued violations
may result in eviction.
G. Plans for Enhancing Resident / Management Relations
1. House Rules
House Rules and regulations are an attachment to the Rental Agreement. The House
Rules will be reviewed with the residents along with their Mercy House Housing
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Stabilization Case Manager during the orientation meeting to review all move-in
documents prior to taking possession of their unit. The House Rules have been created
with the targeted population in mind, to assist residents in being as successful as
possible during their residency at Guest House. Solari will also work with Mercy
House in working with residents regarding any Lease violations.
2. Emergency Procedures
All Solari property management staff will be trained in emergency procedures and there
will be regularly scheduled fire drills annually. In addition, an emergency procedure
sheet will be developed by Solari and will be provided to all residents upon move
in. This sheet will describe procedures to be followed in the event of fire, earthquake, or
other major occurrence requiring emergency action on the part of management staff or
residents. Periodic resident meetings will be held to keep residents acquainted with
emergency procedures.
3. Social Services Program
A close working relationship will be established between Solari’s Property Manager and
the Mercy House Housing Stabilization Case Managers. As noted previously, the
Property Manager works very closely with the Housing Stabilization Case Manager
assigned to the residents to help with alcohol abuse or other problems common to
residents. Solari will cooperate with the Owner in the implementation of all resident
service programs.
4. Utility Rate Assistance Programs
Solari and Mercy House will work together to gather information regarding utility rate
assistance programs, where available, for presentation to residents. Both Solari and Mercy
House will assist the resident in applying and / or submitting for the aforementioned
assistance programs. Additionally, assistance will be provided as needed in
communicating with the utility provider in an effort to ensure the resident receives
appropriate rate assistance.
5. Resident Feedback
Lastly, Mercy House and Solari will work hard to make sure that residents have a voice at
the property. Mercy House will ask for voluntary feedback from tenants through surveys
analyzing the success of services provided and ideas for improvement and will hold regularly
scheduled community meetings for residents. Mercy House and Solari will maintain an
open door policy and convey to residents publicly and privately that they have the right
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to complain and make suggestions for changes in services at the property. Mercy House
and Solari will meet regularly to discuss the individual and community concerns that arise
at the property to ensure community vitality and housing stability.
H. Reasonable Accommodation and/or Modification Requests
1. Reasonable Accommodations and/or Modifications Request
All requests will be made to meet the needs of disabled applicants, including
applicants with both physical and/or mental disabilities. Solari will apply the same
screening criteria to all applicants. However, Solari is obligated to offer applicants with
disabilities additional consideration in the application of rules, practices, or services and
structural alterations if said accommodation will enable an otherwise eligible applicant
or tenant with a disability an equal opportunity to access and enjoy the housing
provided. Solari is not, however, required to make a reasonable accommodation or
physical modification if the accommodation or modification will result in an undue
financial or administrative burden to the property or if it requires management to alter or
change a basic component of the housing.
If an applicant has a physical or mental disability, and as a result of this disability there are
reasonable accommodations that should be considered in the application, the applicant
may attach a note to the application describing the reasonable accommodation(s)
being requested and why it should be considered in the application. The applicant may
be asked to fill out a Reasonable Accommodation Request form upon receipt of his/her
application and the applicant may be requested to provide written verification from
his/her health care provider or other credible party that: 1) the applicant is disabled
under California law; and 2) the requested accommodation is related to, and needed
because of, the disability.
Based on the assessment by Mercy House, or request by the applicant, Mercy House
staff will assist with the application process. Services typically offered by Mercy House
staff include: explaining and filling out the application form, obtaining supportive
documents need to complete the application, attending the property management
interview with the applicant, providing bus passes for site visits and interviews, assisting
with the appeal process, assisting in the request for a reasonable accommodation,
advocating for the tenant or applicant, attending meetings with the tenant and outside
agencies, and assisting in locating alternate housing, among other support.
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The reasonable accommodation process starts at the site level when an applicant or
tenant makes an accommodation request. The property manager determines if the
request can be approved and accommodated at the property. If the request is approved
and can be accommodated at the property the property manager provides a written
response with a copy to the residential service coordinator or referring case manager.
If the property manager determines that the request should not be approved or
cannot be accommodated at the property, the property manager must send the
request to the 504 Coordinator for review and deposition. Only the Owner will be
authorized to deny a reasonable accommodation request.
Should the Owner determine that the request should be denied then the
tenant/applicant and the Mercy House Housing Stabilization Case Manager will be
invited to enter into an interactive process to determine other way to meet the
tenant/applicant’s needs. Mercy House and Solari staff will be trained to be aware of
when applicants might be in need of reasonably accommodative support and proactively
engage with Management to assure that the target population has equitable and
affirmative access to the available units.
2. Adaptability Features
At lease signing, all residents will receive a notice of consumer rights specific to
adaptability features available in each unit.
III. MAINTENANCE AND ACCESS
A. Identification of Maintenance Staff
All routine janitorial work will be completed by the on-site person employed by Solari. Any
supplemental or extraordinary janitorial work that is required will either be contracted out to
a private janitorial firm or undertaken by an employee of Solari and billed to the Project as an
additional expense. Maintenance work will also be done by an employee of the Solari and
billed to the project or contracted out to an outside contractor. Outside contractors will
generally be used for emergencies, unusual or specialized repairs, pool maintenance and
landscaping. Solari shall contract for work requiring a licensed contractor such as major
plumbing, electrical, or mechanical work.
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B. Preventive Maintenance Schedule
A preventative maintenance schedule will be prepared and updated by Solari. Solari will
contract out for extermination and pest control services. General services will be
performed once a month and for individual units on an as needed basis.
C. Resident Requested Maintenance
A service call form will be completed by the Solari’s Property Manager. The Property Manager
shall review the requests and determine whether it requires emergency or routine attention.
Emergency repairs are those that cause or may cause significant damage, or make any
area unsafe or uninhabitable. Every effort will be made to correct emergency repairs within
24 hours. Exceptions to this could be when parts must be ordered to complete the service.
Further provisions for repairs are outlined in Paragraph 10 of the Management Agreement
and it will be given to the Property Manager. The Property Manager will consult with
Solari’s Regional Manager to decide who will be assigned the work depending on the nature and
scope of the work. In the event that damages are resident-caused, the resident will be
notified of the amount they will be charged for the actual cost of repairs.
D. Inspection Forms
Annual unit inspections will be completed and findings will be documented on Solari’s
inspection form.
E. Schedule of Anticipated Useful Life and Replacement.
Item Useful Life Item Useful Life
Landscaping 5-10 years Kitchen Appliances 10 years
Roof 5-10 years Common Appliances 10 years
Carpet/Flooring 5-10 years Mechanical 25-35
years
F. Controlled Access
Solari shall be responsive to the access needs of residents, patrons, employees and the
general public. Guest House will have adequate exterior lighting and controlled access to the
common areas surrounding the units. Sufficient lighting shall be provided in all public areas,
including outdoor open spaces, side and rear yards, staircases, parking areas, trash rooms,
laundry rooms along the public sidewalk and behind bushes.
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G. Green Training
Solari’s Property Manager and maintenance staff shall be trained in the use of a
Green Operations and Maintenance Manual. The manual shall be prepared at pre-lease up
using Green Communities' template or shall be organized to satisfy the requirements of
LEED for Homes AEc1.1. The Green Building Consultant will setup personalized training
and share the Green Operations Manual for optimizing the building performance and
maintenance.
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52 | Page
EXHIBIT B
The following endorsement will be completed and submitted upon owner selection.
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Santa Ana Housing Authority
Request for Proposals for Permanent Supportive Housing
Page 14
SANTA ANA HOUSING AUTHORITY
REQUEST FOR PROPOSALS FOR PERMANENT SUPPORTIVE HOUSING
EXHIBIT B – ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company _____________________________________
This endorsement modifies such insurance as is afforded by the provisions of Policy # ___________________ relating to
the following:
1.The Santa Ana Housing Authority, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the
named insured.
2.With respect to claims arising out of the operations and uses performed by or on behalf of the named insured,
such insurance as is afforded by this policy is primary and is not additional to or contributing with any other
insurance carried by or for the benefit of the additional insureds.
3.This insurance applies separately to each insured against whom claim is made or suit is brought except with
respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not
affect any right which such person or organization would have as a claimant if not so included.
4.With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage
or limits except after thirty (30) days written notice has been given to the Santa Ana Housing Authority, 20 Civic
Center Plaza M-26, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective , this endorsement form as part of
Policy #
Issued to
Name Insured
Countersigned by:
Authorized Representative
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Project-based Voucher Program
HAP Contract for New Construction or Rehabilitation
HUD 52530A Page - 1 -
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1. CONTRACT INFORMATION
a. Parties
This housing assistance payments (HAP) contract is entered into between:
____________________________________________________ ( PHA) and
____________________________________________________ (owner).
b.Contents of contract
The HAP contract consists of Part 1, Part 2 and the contract exhibits listed in paragraph c.
c. Contract exhibits
The HAP contract includes the following exhibits:
EXHIBIT A: TOTAL NUMBER OF UNITS IN PROJECT COVERED BY THIS HAP
CONTRACT; INITIAL RENT TO OWNER; AND THE NUMBER AND
DESCRIPTION OF THE CONTRACT UNITS. (See 24 CFR 983.203 for
required items.) If this is a multi-stage project, this exhibit must include a
description of the units in each completed phase.
U.S. Department Of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
PBV HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART 1 OF HAP CONTRACT
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EXHIBIT 3
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EXHIBIT B: SERVICES, MAINTENANCE AND EQUIPMENT TO BE
PROVIDED BY THE OWNER WITHOUT CHARGES IN ADDITION TO
RENT TO OWNER
EXHIBIT C: UTILITIES AVAILABLE IN THE CONTRACT UNITS, INCLUDING A
LISTING OF UTILITIY SERVICES TO BE PAID BY THE OWNER
(WITHOUT CHARGES IN ADDITION TO RENT TO OWNER) AND
UTILITIES TO BE PAID BY THE TENANTS
EXHIBIT D: FEATURES PROVIDED TO COMPLY WITH PROGRAM ACCESSIBILITY
FEATURES OF SECTION 504 OF THE REHABILITATION ACT OF 1973
ADDITIONAL EXHIBITS
d. Single-Stage and Multi-Stage Contracts (Check the applicable box.)
1. □ Single-Stage Project
This is a single-stage project.
For all contract units, the effective date of the HAP contract is:
____________________________.
The PHA enters the effective date, and executes the HAP contract, after completion and PHA
acceptance of all units in the single stage project.
2. □ Multi-Stage Project
This is a multi-stage project. The units in each completed stage are designated in Exhibit A.
The PHA enters the effective date for each stage after completion and PHA acceptance of all
units in that stage. The PHA enters the effective date for each stage in the “Execution of HAP
contract for contract units completed in stages” (starting on page 8).
The annual anniversary date of the HAP contract for all contract units in this multi-stage project
is the anniversary of the effective date of the HAP contract for the contract units included in the
first stage. The expiration date of the HAP contract for all of the contract units completed in
stages must be concurrent with the end of the HAP contract term for the units included in the
first stage. (See 24 CFR 983.206(c).)
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e. Term of the HAP contract
1. Beginning of Term
. The PHA may not enter into a HAP contract for any contract unit until the PHA has
determined that the unit complies with the housing quality standards. The term of the
HAP contract for any unit begins on the effective date of the HAP contract.
2. Length of initial term
a. Subject to paragraph 2.b, the initial term of the HAP contract for any contract units is:
____________________________.
b. The initial term of the HAP contract for any unit may not be less than one year, nor more
than fifteen years.
3. Extension of term
The PHA and owner may agree to enter into an extension of the HAP contract at the time
of initial HAP contract execution or any time prior to expiration of the contract. Any
extension, including the term of such extension, must be in accordance with HUD
requirements.
A PHA must determine that any extension is appropriate to achieve long-term
affordability of the housing or expand housing opportunities.
4. Requirement for sufficient appropriated funding
a. The length of the initial term and any extension term shall be subject to availability, as
determined by HUD, or by the PHA in accordance with HUD requirements, of sufficient
appropriated funding (budget authority), as provided in appropriations acts and in the
PHA's annual contributions contract (ACC) with HUD, to make full payment of housing
assistance payments due to the owner for any contract year in accordance with the HAP
contract.
b. The availability of sufficient funding must be determined by HUD or by the PHA in
accordance with HUD requirements. If it is determined that there may not be sufficient
funding to continue housing assistance payments for all contract units and for the full
term of the HAP contract, the PHA has the right to terminate the HAP contract by notice
to the owner for all or any of the contract units. Such action by the PHA shall be
implemented in accordance with HUD requirements.
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f. Occupancy and payment
1.Payment for occupied unit
During the term of the HAP contract, the PHA shall make housing assistance payments
to the owner for the months during which a contract unit is leased to and occupied by an
eligible family. If an assisted family moves out of a contract unit, the owner may keep
the housing assistance payment for the calendar month when the family moves out
(“move-out month”). However, the owner may not keep the payment if the PHA
determines that the vacancy is the owner’s fault.
2. Vacancy payment
THE PHA HAS DISCRETION WHETHER TO INCLUDE THE VACANCY PAYMENT
PROVISION (PARAGRAPH f.2), OR TO STRIKE THIS PROVISION FROM THE HAP
CONTRACT FORM.
a.If an assisted family moves out of a contract unit, the PHA may provide vacancy
payments to the owner for a PHA-determined vacancy period extending from the
beginning of the first calendar month after the move-out month for a period not
exceeding two full months following the move-out month.
b.The vacancy payment to the owner for each month of the maximum two-month period
will be determined by the PHA, and cannot exceed the monthly rent to owner under the
assisted lease, minus any portion of the rental payment received by the owner (including
amounts available from the tenant’s security deposit). Any vacancy payment may only
cover the period the unit remains vacant.
c.The PHA may only make vacancy payments to the owner if:
1.The owner gives the PHA prompt, written notice certifying that the family has
vacated the unit and the date when the family moved out (to the best of the
owner’s knowledge and belief);
2.The owner certifies that the vacancy is not the fault of the owner and that the unit
was vacant during the period for which payment is claimed;
3.The owner certifies that it has taken every reasonable action to minimize the
likelihood and length of vacancy; and
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4. The owner provides any additional information required and requested by the
PHA to verify that the owner is entitled to the vacancy payment.
d. The PHA must take every reasonable action to minimize the likelihood and length of
vacancy.
e. The owner may refer families to the PHA, and recommend selection of such families
from the PHA waiting list for occupancy of vacant units.
f. The owner must submit a request for vacancy payments in the form and manner required
by the PHA and must provide any information or substantiation required by the PHA to
determine the amount of any vacancy payments.
3. PHA is not responsible for family damage or debt to owner
Except as provided in this paragraph f (Occupancy and Payment), the PHA will not make
any other payment to the owner under the HAP contract. The PHA will not make any
payment to owner for any damages to the unit, or for any other amounts owed by a
family under the family's lease.
g. Income-mixing requirement
1. Except as provided in paragraphs g.2 and 3, the PHA will not make housing assistance
payments under the HAP contract for more than 25 percent of the total number of
dwelling units (assisted or unassisted) in any project. The term “project” means a single
building, multiple contiguous buildings, or multiple buildings on contiguous parcels of
land assisted under this HAP contract.
2. The limitation in paragraph g.1 does not apply to single-family buildings.
3. In referring eligible families to the owner for admission to the number of contract units in
any project exceeding the 25 percent limitation under paragraph g.1, the PHA shall give
preference to elderly or disabled families, or to families receiving supportive services, for
the number of contract units designated for occupancy by such families. The owner shall
rent the designated number of contract units to such families referred by the PHA from
the PHA waiting list.
4. The PHA and owner must comply with all HUD requirements regarding income mixing.
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5. The following specifies the number of contract units (if any):
a. Designated for occupancy by disabled families;
b Designated for occupancy by elderly families;
c. Designated for occupancy by elderly or disabled families; or
d. Designated for occupancy by families receiving supportive services.
□ Check this box if any contract units are designated for disabled families.
The following number of contract units shall be rented to disabled
families: ___________________________________________.
□ Check this box if any contract units are designated for elderly families.
The following number of contract units shall be rented to elderly families:
___________________________________________.
□ Check this box if any contract units are designated for elderly or disabled
families.
The following number of contract units shall be rented to elderly or disabled
families:
___________________________________________.
□ Check this box if any contract units are designated for families receiving supportive
services.
The following number of contract units shall be rented to families
receiving supportive services: _____________________________.
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HAP Contract for New Construction or Rehabilitation
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EXECUTION OF HAP CONTRACT FOR SINGLE-STAGE PROJECT
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:
Signature of authorized representative
Name and title (Print)
Date
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HAP Contract for New Construction or Rehabilitation
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EXECUTION OF HAP CONTRACT FOR CONTRACT UNITS COMPLETED AND
ACCEPTED IN STAGES
(For multi-stage projects, at acceptance of each stage, the PHA and the owner sign the HAP
contract execution for the completed stage.)
STAGE NO. 1. The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE. The effective date of the Contract for this stage is:
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
B\
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By
Signature of authorized representative
Name and title (Print)
Date
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HAP Contract for New Construction or Rehabilitation
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STAGE NO. 2. The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE. The effective date of the Contract for this stage is:
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
B\
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By
Signature of authorized representative
Name and title (Print)
Date
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HAP Contract for New Construction or Rehabilitation
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STAGE NO. 3. The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE. The effective date of the Contract for this stage is:
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
B\
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By
Signature of authorized representative
Name and title (Print)
Date
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HAP Contract for New Construction or Rehabilitation
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STAGE NO. ___ The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE. The effective date of the Contract for this stage is:
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
B\
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By
Signature of authorized representative
Name and title (Print)
'DWH
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Project-based Voucher Program
HAP Contract for New Construction or Rehabilitation
HUD 52530A Page - 1 -
of Part 2
(04/2015)
2. DEFINITIONS
Agreement. Agreement to enter into HAP Contract between the owner and the PHA.
The HAP contract was entered into following new construction or rehabilitation of the
contract units by the owner pursuant to an Agreement.
Contract units. The housing units covered by this HAP contract. The contract units are
described in Exhibit A.
Family. The persons approved by the PHA to reside in a contract unit with assistance
under the program.
HAP contract. This housing assistance payments contract between the PHA and the
owner. The contract consists of Part 1, Part 2, and the contract exhibits (listed in section
1.c of the HAP contract).
Housing assistance payment. The monthly assistance payment by the PHA for a
contract unit, which includes: (1) a payment to the owner for rent to the owner under the
family’s lease minus the tenant rent; and (2) an additional payment to or on behalf of the
family if the utility allowance exceeds total tenant payment.
Household. The family and any PHA-approved live-in aide.
Housing quality standards (HQS). The HUD minimum quality standards for dwelling
units occupied by families receiving project-based voucher program assistance.
U.S. Department Of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
PBV HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART 2 OF HAP CONTRACT
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HUD. U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements which apply to the project-based voucher
program. HUD requirements are issued by HUD headquarters, as regulations, Federal
Register notices or other binding program directives.
Newly constructed housing. Housing units that do not exist on the proposal selection
date and are developed after the date of selection pursuant to an Agreement between the
PHA and owner for use under the project-based voucher program.
Owner. Any person or entity who has the legal right to lease or sublease a unit to a
participant.
Premises. The building or complex in which a contract unit is located, including
common areas or grounds.
Principal or interested party. This term includes a management agent and other persons
or entities participating in project management, and the officers and principal members,
shareholders, investors, and other parties having a substantial interest in the HAP
contract, or in any proceeds or benefits arising from the HAP contract.
Program. The project-based voucher program (see authorization for project-based
assistance at 42 U.S.C. 1437f(o)(13)).
PHA. Public Housing Agency. The agency that has entered into the HAP contract with
the owner. The agency is a public housing agency as defined in the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
Proposal selection date. The date the PHA gives written notice of proposal selection to
the owner whose proposal is selected in accordance with the criteria established in the
PHA’s administrative plan.
Rehabilitated housing. Housing units that exist on the proposal selection date, but do
not substantially comply with the HQS at that date, and are developed, pursuant to an
Agreement between the PHA and owner, for use under the project-based voucher
program.
Rent to owner. The total monthly rent payable to the owner under the lease for a
contract unit. Rent to owner includes payment for any housing services, maintenance and
utilities to be provided by the owner in accordance with the lease.
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Tenant. The person or persons (other than a live-in aide) who executes the lease as a
lessee of the dwelling unit.
Tenant rent. The portion of the rent to owner payable by the family, as determined by
the PHA in accordance with HUD requirements. The PHA is not responsible for paying
any part of the tenant rent.
3. PURPOSE
a. This is a HAP contract between the PHA and the owner.
b. The purpose of the HAP contract is to provide housing assistance payments for
eligible families who lease contract units that comply with the HUD HQS from
the owner.
c. The PHA must make housing assistance payments to the owner in accordance
with the HAP contract for contract units leased and occupied by eligible families
during the HAP contract term. HUD provides funds to the PHA to make housing
assistance payments to owners for eligible families.
4. RENT TO OWNER; HOUSING ASSISTANCE PAYMENTS
a. Amount of initial rent to owner
The initial rent to owner for each contract unit is stated in Exhibit A, which is
attached to and made a part of the HAP contract. At the beginning of the HAP
contract term, and until rent to owner is adjusted in accordance with section 5 of
the HAP contract, the rent to owner for each bedroom size (number of bedrooms)
shall be the initial rent to owner amount listed in Exhibit A.
b. HUD rent requirements
Notwithstanding any other provision of the HAP contract, the rent to owner may
in no event exceed the amount authorized in accordance with HUD requirements.
The PHA has the right to reduce the rent to owner, at any time, to correct any
errors in establishing or adjusting the rent to owner in accordance with HUD
requirements. The PHA may recover any overpayment from the owner.
c. PHA payment to owner
1. Each month the PHA must make a housing assistance payment to the
owner for a unit under lease to and occupied by an eligible family in
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accordance with the HAP contract.
2. The monthly housing assistance payment to the owner for a contract unit
is equal to the amount by which the rent to owner exceeds the tenant rent.
3. Payment of the tenant rent is the responsibility of the family. The PHA is
not responsible for paying any part of the tenant rent, or for paying any
other claim by the owner against a family. The PHA is only responsible
for making housing assistance payments to the owner on behalf of a
family in accordance with the HAP contract.
4. The owner will be paid the housing assistance payment under the HAP
contract on or about the first day of the month for which payment is due,
unless the owner and the PHA agree on a later date.
5. To receive housing assistance payments in accordance with the HAP
contract, the owner must comply with all the provisions of the HAP
contract. Unless the owner complies with all the provisions of the HAP
contract, the owner does not have a right to receive housing assistance
payments.
6. If the PHA determines that the owner is not entitled to the payment or any
part of it, the PHA, in addition to other remedies, may deduct the amount
of the overpayment from any amounts due the owner, including amounts
due under any other housing assistance payments contract.
7. The owner will notify the PHA promptly of any change of circumstances
that would affect the amount of the monthly housing assistance payment,
and will return any payment that does not conform to the changed
circumstances.
d. Termination of assistance for family
The PHA may terminate housing assistance for a family under the HAP contract
in accordance with HUD requirements. The PHA must notify the owner in writing
of its decision to terminate housing assistance for the family in such case.
5. ADJUSTMENT OF RENT TO OWNER
a. PHA determination of adjusted rent
1. At each annual anniversary during the term of the HAP contract, the PHA
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shall adjust the amount of rent to owner, upon request to the PHA by the
owner, in accordance with law and HUD requirements. In addition, the
PHA shall adjust the rent to owner when there is a five percent or greater
decrease in the published, applicable Fair Market Rent in accordance with
24 CFR 983.302.
2. The adjustment of rent to owner shall always be determined in accordance
with all HUD requirements. The amount of the rent to owner may be
adjusted up or down, in the amount defined by the PHA in accordance
with HUD requirements.
b. Reasonable rent
The rent to owner for each contract unit, as adjusted by the PHA in accordance
with 24 CFR 983.303, may at no time exceed the reasonable rent charged for
comparable units in the private unassisted market. The reasonable rent shall be
determined by the PHA in accordance with HUD requirements.
c. No special adjustments
The PHA will not make any special adjustments of the rent to owner.
d. Owner compliance with HAP contract
The PHA shall not approve, and the owner shall not receive, any increase of rent
to owner unless all contract units are in accordance with the HQS, and the owner
has complied with the terms of the assisted leases and the HAP contract.
e. Notice of rent adjustment
Rent to owner shall be adjusted by written notice by the PHA to the owner in
accordance with this section. Such notice constitutes an amendment of the rents
specified in Exhibit A.
6. OWNER RESPONSIBILITY
The owner is responsible for:
a. Performing all management and rental functions for the contract units.
b. Maintaining the units in accordance with HQS.
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c. Complying with equal opportunity requirements.
d. Enforcing tenant obligations under the lease.
e. Paying for utilities and housing services (unless paid by the family under the
lease).
f. Collecting from the tenant:
1. Any security deposit;
2. The tenant rent; and
3. Any charge for unit damage by the family.
7. OWNER CERTIFICATION
The owner certifies that at all times during the term of the HAP contract:
a. All contract units are in good and tenantable condition. The owner is maintaining
the premises and all contract units in accordance with the HQS.
b. The owner is providing all the services, maintenance and utilities as agreed to
under the HAP contract and the leases with assisted families.
c. Each contract unit for which the owner is receiving housing assistance payments
is leased to an eligible family referred by the PHA, and the lease is in accordance
with the HAP contract and HUD requirements.
d. To the best of the owner’s knowledge, the members of the family reside in each
contract unit for which the owner is receiving housing assistance payments, and
the unit is the family’s only residence.
e. The owner (including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of a family residing in a
contract unit.
f. The amount of the housing assistance payment is the correct amount due under
the HAP contract.
g. The rent to owner for each contract unit does not exceed rents charged by the
owner for other comparable unassisted units.
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h. Except for the housing assistance payment and the tenant rent as provided under
the HAP contract, the owner has not received and will not receive any payments
or other consideration (from the family, the PHA, HUD, or any other public or
private source) for rental of the contract unit.
i. The family does not own, or have any interest in the contract unit. If the owner is
a cooperative, the family may be a member of the cooperative.
8. CONDITION OF UNITS
a. Owner maintenance and operation
The owner must maintain and operate the contract units and premises to provide
decent, safe and sanitary housing in accordance with the HQS, including
performance of ordinary and extraordinary maintenance. The owner must provide
all the services, maintenance and utilities set forth in Exhibits B and C, and in the
lease with each assisted family.
b. PHA inspections
1. The PHA must inspect each contract unit before execution of the HAP
contract. The PHA may not enter into a HAP contract covering a unit
until the unit fully complies with the HQS.
2. Before providing assistance to a new family in a contract unit, the PHA
must inspect the unit. The PHA may not provide assistance on behalf of
the family until the unit fully complies with the HQS.
3. At least annually during the term of the HAP contract, the PHA must
inspect a random sample, consisting of at least 20 percent of the contract
units in each building, to determine if the contract units and the premises
are maintained in accordance with the HQS. Turnover inspections
pursuant to paragraph 2 of this section are not counted towards meeting
this annual inspection requirement.
4. If more than 20 percent of the annual sample of inspected contract units in
a building fail the initial inspection, the PHA must reinspect 100 percent
of the contract units in the building.
5. The PHA must inspect contract units whenever needed to determine that
the contract units comply with the HQS and that the owner is providing
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maintenance, utilities, and other services in accordance with the HAP
contract. The PHA must take into account complaints and any other
information that comes to its attention in scheduling inspections.
c. Violation of the housing quality standards
1. If the PHA determines a contract unit is not in accordance with the HQS,
the PHA may exercise any of its remedies under the HAP contract for all
or any contract units. Such remedies include termination, suspension or
reduction of housing assistance payments, and termination of the HAP
contract.
2. The PHA may exercise any such contractual remedy respecting a contract
unit even if the family continues to occupy the unit.
3. The PHA shall not make any housing assistance for a dwelling unit that
fails to meet the HQS, unless the owner corrects the defect within the
period specified by the PHA and the PHA verifies the correction. If a
defect is life threatening, the owner must correct the defect within no more
than 24 hours. For other defects, the owner must correct the defect within
no more than 30 calendar days (or any PHA-approved extension).
d. Maintenance and replacement—owner’s standard practice
Maintenance and replacement (including redecoration) must be in accordance
with the standard practice for the building concerned as established by the owner.
9. LEASING CONTRACT UNITS
a. Selection of tenants
1. During the term of the HAP contract, the owner must lease all contract
units to eligible families selected and referred by the PHA from the PHA
waiting list. (See 24 CFR 983.251.)
2. The owner is responsible for adopting written tenant selection procedures
that are consistent with the purpose of improving housing opportunities for
very low-income families and reasonably related to program eligibility
and an applicant’s ability to perform the lease obligations.
3. Consistent with HUD requirements, the owner may apply its own
admission procedures in determining whether to admit a family referred
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by the PHA for occupancy of a contract unit. The owner may refer
families to the PHA, and recommend selection of such families from the
PHA waiting list for occupancy of vacant units.
4. The owner must promptly notify in writing any rejected applicant of the
grounds for rejection.
5. The PHA must determine family eligibility in accordance with HUD
requirements.
6. The contract unit leased to each family must be appropriate for the size of
the family under the PHA’s subsidy standards.
7. If a contract unit was occupied by an eligible family at the time the unit
was selected by the PHA, or is so occupied on the effective date of the
HAP contract, the owner must offer the family the opportunity to lease the
same or another appropriately-sized contract unit with assistance under the
HAP contract.
8. The owner is responsible for screening and selecting tenants from the
families referred by the PHA from its waiting list.
b. Vacancies
1. The owner must promptly notify the PHA of any vacancy in a contract
unit. After receiving the owner notice, the PHA shall make every
reasonable effort to refer a sufficient number of families for owner to fill
the vacancy.
2. The owner must rent vacant contract units to eligible families on the PHA
waiting list referred by the PHA.
3. The PHA and the owner must make reasonable good faith efforts to
minimize the likelihood and length of any vacancy.
4. If any contract units have been vacant for a period of 120 or more days
since owner notice of vacancy (and notwithstanding the reasonable good
faith efforts of the PHA to fill such vacancies), the PHA may give notice
to the owner amending the HAP contract to reduce the number of contract
units by subtracting the number of contract units (by number of bedrooms)
that have been vacant for such period.
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10. TENANCY
a. Lease
The lease between the owner and each assisted family must be in accordance with
HUD requirements. In all cases, the lease must include the HUD-required tenancy
addendum. The tenancy addendum must include, word-for-word, all provisions
required by HUD.
b. Termination of tenancy
1. The owner may only terminate a tenancy in accordance with the lease and
HUD requirements.
2. The owner must give the PHA a copy of any owner eviction notice to the
tenant at the same time that the owner gives notice to the tenant. Owner
eviction notice means a notice to vacate, or a complaint or other initial
pleading used to commence an eviction action under State or local law.
c. Family payment
1. The portion of the monthly rent to owner payable by the family (“tenant
rent”) will be determined by the PHA in accordance with HUD
requirements. The amount of the tenant rent is subject to change during
the term of the HAP contract. Any changes in the amount of the tenant
rent will be effective on the date stated in a notice by the PHA to the
family and the owner.
2. The amount of the tenant rent as determined by the PHA is the maximum
amount the owner may charge the family for rent of a contract unit,
including all housing services, maintenance and utilities to be provided by
the owner in accordance with the HAP contract and the lease.
3. The owner may not demand or accept any rent payment from the tenant in
excess of the tenant rent as determined by the PHA. The owner must
immediately return any excess rent payment to the tenant.
4. The family is not responsible for payment of the portion of the contract
rent covered by the housing assistance payment under the HAP contract.
The owner may not terminate the tenancy of an assisted family for
nonpayment of the PHA housing assistance payment.
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5. The PHA is only responsible for making the housing assistance payments
to the owner on behalf of the family in accordance with the HAP contract.
The PHA is not responsible for paying the tenant rent, or any other claim
by the owner.
d. Other owner charges
1. Except as provided in paragraph 2, the owner may not require the tenant or
family members to pay charges for meals or supportive services.
Nonpayment of such charges is not grounds for termination of tenancy.
2. In assisted living developments receiving project-based voucher
assistance, owners may charge tenants, family members, or both for meals
or supportive services. These charges may not be included in the rent to
owner, nor may the value of meals and supportive services be included in
the calculation of reasonable rent. Non-payment of such charges is
grounds for termination of the lease by the owner in an assisted living
development.
3. The owner may not charge the tenant or family members extra amounts
for items customarily included in rent in the locality or provided at no
additional cost to the unsubsidized tenant in the premises.
e. Security deposit
1. The owner may collect a security deposit from the family.
2. The owner must comply with HUD and PHA requirements, which may
change from time to time, regarding security deposits from a tenant.
3. The PHA may prohibit security deposits in excess of private market
practice, or in excess of amounts charged by the owner to unassisted
families.
4. When the family moves out of the contract unit, the owner, subject to
State and local law, may use the security deposit, including any interest on
the deposit, in accordance with the lease, as reimbursement for any unpaid
tenant rent, damages to the unit or other amounts which the family owes
under the lease. The owner must give the family a written list of all items
charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the owner, the owner must
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promptly refund the full amount of the balance to the family.
5. If the security deposit is not sufficient to cover amounts the family owes
under the lease, the owner may seek to collect the balance from the family.
However, the PHA has no liability or responsibility for payment of any
amount owed by the family to the owner.
11. FAMILY RIGHT TO MOVE
a. The family may terminate its lease at any time after the first year of occupancy.
The family must give the owner advance written notice of intent to vacate (with
a copy to the PHA) in accordance with the lease. If the family has elected to
terminate the lease in this manner, the PHA must offer the family the
opportunity for tenant-based rental assistance in accordance with HUD
requirements.
b. Before providing notice to terminate the lease under paragraph a, the family
must first contact the PHA to request tenant-based rental assistance if the family
wishes to move with continued assistance. If tenant-based rental assistance is
not immediately available upon lease termination, the PHA shall give the family
priority to receive the next available opportunity for tenant-based rental
assistance.
12. OVERCROWDED, UNDER-OCCUPIED, AND ACCESSIBLE UNITS
The PHA subsidy standards determine the appropriate unit size for the family size and
composition. The PHA and owner must comply with the requirements in 24 CFR
983.259.
13. PROHIBITION OF DISCRIMINATION
a. The owner may not refuse to lease contract units to, or otherwise discriminate
against any person or family in leasing of a contract unit, because of race, color,
religion, sex, national origin, disability, age or familial status.
b. The owner must comply with the following requirements: The Fair Housing Act
(42 U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq. ;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959–
1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in
Housing Programs) and implementing regulations at 24 CFR part 107; title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the
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Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing
regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at part 8 of this title; title II of the
Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ; 24 CFR part 8; section
3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and
implementing regulations at 24 CFR part 135; Executive Order 11246, as
amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–
1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970
Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264,
respectively) (Equal Employment Opportunity Programs) and implementing
regulations at 41 CFR chapter 60; Executive Order 11625, as amended by
Executive Order 12007 (3 CFR, 1971–1975 Comp., p. 616 and 3 CFR, 1977
Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR,
1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive
Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393
and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise).
c. The PHA and the owner must cooperate with HUD in the conducting of
compliance reviews and complaint investigations pursuant to all applicable civil
rights statutes, Executive Orders, and all related rules and regulations.
14. PHA DEFAULT AND HUD REMEDIES
If HUD determines that the PHA has failed to comply with the HAP contract, or has
failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for
enforcement of the PHA’s rights under the HAP contract, HUD may assume the PHA’s
rights and obligations under the HAP contract, and may perform the obligations and
enforce the rights of the PHA under the HAP contract.
15. OWNER DEFAULT AND PHA REMEDIES
a. Owner default
Any of the following is a default by the owner under the HAP contract:
1. The owner has failed to comply with any obligation under the HAP
contract, including the owner’s obligations to maintain all contract units in
accordance with the housing quality standards.
2. The owner has violated any obligation under any other housing assistance
payments contract under Section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
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3. The owner has committed any fraud or made any false statement to the
PHA or HUD in connection with the HAP contract.
4. The owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal housing assistance program.
5. If the property where the contract units are located is subject to a lien or
security interest securing a HUD loan or a mortgage insured by HUD and:
A. The owner has failed to comply with the regulations for the
applicable mortgage insurance or loan program, with the mortgage
or mortgage note, or with the regulatory agreement; or
B. The owner has committed fraud, bribery or any other corrupt or
criminal act in connection with the HUD loan or HUD-insured
mortgage.
6. The owner has engaged in any drug-related criminal activity or any violent
criminal activity.
b. PHA remedies
1. If the PHA determines that a breach has occurred, the PHA may exercise
any of its rights or remedies under the HAP contract.
2. The PHA must notify the owner in writing of such determination. The
notice by the PHA to the owner may require the owner to take corrective
action (as verified by the PHA) by a time prescribed in the notice.
3. The PHA’s rights and remedies under the HAP contract include recovery
of overpayments, termination or reduction of housing assistance payments,
and termination of the HAP contract.
c. PHA remedy is not waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the HAP
contract is not a waiver of the right to exercise that remedy or any other right or
remedy at any time.
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16. OWNER DUTY TO PROVIDE INFORMATION AND ACCESS
REQUIRED BY HUD OR PHA
a. Required information
The owner must prepare and furnish any information pertinent to the HAP
contract as may reasonably be required from time to time by the PHA or HUD.
The owner shall furnish such information in the form and manner required by the
PHA or HUD.
b. PHA and HUD access to premises
The owner must permit the PHA or HUD or any of their authorized
representatives to have access to the premises during normal business hours and,
for the purpose of audit and examination, to have access to any books, documents,
papers and records of the owner to the extent necessary to determine compliance
with the HAP contract, including the verification of information pertinent to the
housing assistance payments or the HAP contract.
17. PHA AND OWNER RELATION TO THIRD PARTIES
a. Injury because of owner action or failure to act
The PHA has no responsibility for or liability to any person injured as a result of
the owner’s action or failure to act in connection with the implementation of the
HAP contract, or as a result of any other action or failure to act by the owner.
b. Legal relationship
The owner is not the agent of the PHA. The HAP contract does not create or
affect any relationship between the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors used by the owner in
connection with the implementation of the HAP contract.
c. Exclusion of third party claims
Nothing in the HAP contract shall be construed as creating any right of a family
or other third party (other than HUD) to enforce any provision of the HAP
contract, or to assert any claim against HUD, the PHA or the owner under the
HAP contract.
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d. Exclusion of owner claims against HUD
Nothing in the HAP contract shall be construed as creating any right of the owner
to assert any claim against HUD.
18. PHA-OWNED UNITS
Notwithstanding Section 17 of this HAP contract, a PHA may own units assisted under
the project-based voucher program, subject to the special requirements in 24 CFR 983.59
regarding PHA-owned units.
19. CONFLICT OF INTEREST
a. Interest of members, officers, or employees of PHA, members of local
governing body, or other public officials
1. No present or former member or officer of the PHA (except tenant-
commissioners), no employee of the PHA who formulates policy or
influences decisions with respect to the housing choice voucher program
or project-based voucher program, and no public official or member of a
governing body or State or local legislator who exercises functions or
responsibilities with respect to these programs, shall have any direct or
indirect interest, during his or her tenure or for one year thereafter, or in
the HAP contract.
2. HUD may waive this provision for good cause.
b. Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the
HAP contract. The owner must fully and promptly update such disclosures.
c. Interest of member of or delegate to Congress
No member of or delegate to the Congress of the United States of America or
resident-commissioner shall be admitted to any share or part of this HAP contract
or to any benefits arising from the contract.
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20. EXCLUSION FROM FEDERAL PROGRAMS
a. Federal requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
b. Disclosure
The owner certifies that:
1. The owner has disclosed to the PHA the identity of the owner and any
principal or interested party.
2. Neither the owner nor any principal or interested party is listed on the U.S.
General Services Administration list of parties excluded from Federal
procurement and nonprocurement programs; and none of such parties are
debarred, suspended, subject to a limited denial of participation or
otherwise excluded under 2 CFR part 2424.
21. TRANSFER OF THE CONTRACT OR PROPERTY
a. When consent is required
1. The owner agrees that neither the HAP contract nor the property may be
transferred without the advance written consent of the PHA in accordance
with HUD requirements.
2. “Transfer” includes:
A. Any sale or assignment or other transfer of ownership, in any form,
of the HAP contract or the property;
B. The transfer of any right to receive housing assistance payments
that may be payable pursuant to the HAP contract;
C. The creation of a security interest in the HAP contract or the
property:
D. Foreclosure or other execution on a security interest; or
E. A creditor’s lien, or transfer in bankruptcy.
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3. If the owner is a corporation, partnership, trust or joint venture, the owner is not
required to obtain advance consent of the PHA pursuant to paragraph a for
transfer of a passive and non-controlling interest in the ownership entity (such as
a stock transfer or transfer of the interest of a limited partner), if any interests so
transferred cumulatively represent less than half the beneficial interest in the HAP
contract or the property. The owner must obtain advance consent pursuant to
paragraph a for transfer of any interest of a general partner.
b Transferee assumption of HAP contract
No transferee (including the holder of a security interest, the security holder’s
transferee or successor in interest, or the transferee upon exercise of a security
interest) shall have any right to receive any payment of housing assistance
payments pursuant to the HAP contract, or to exercise any rights or remedies
under the HAP contract, unless the PHA has consented in advance, in writing to
such transfer, and the transferee has agreed in writing, in a form acceptable to the
PHA in accordance with HUD requirements, to assume the obligations of the
owner under the HAP contract, and to comply with all the terms of the HAP
contract.
c. Effect of consent to transfer
1. The creation or transfer of any security interest in the HAP contract is
limited to amounts payable under the HAP contract in accordance with the
terms of the HAP contract.
2. The PHA’s consent to transfer of the HAP contract or the property does
not to change the terms of the HAP contract in any way, and does not
change the rights or obligations of the PHA or the owner under the HAP
contract.
3. The PHA’s consent to transfer of the HAP contract or the property to any
transferee does not constitute consent to any further transfers of the HAP
contract or the property, including further transfers to any successors or
assigns of an approved transferee.
d. When transfer is prohibited
The PHA will not consent to the transfer if any transferee, or any principal or
interested party is debarred, suspended subject to a limited denial of
participation, or otherwise excluded under 2 CFR part 2424, or is listed on the
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U.S. General Services Administration list of parties excluded from Federal
procurement or nonprocurement programs.
22. SUBSIDY LAYERING
a. Ow ner disclosure
The owner must disclose to the PHA, in accordance with HUD requirements,
information regarding any related assistance from the Federal Government, a
State, or a unit of general local government, or any agency or instrumentality
thereof, that is made available or is expected to be made available with respect to
the contract units. Such related assistance includes, but is not limited to, any loan,
grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any
other form of direct or indirect assistance.
b. Limit of payments
Housing assistance payments under the HAP contract must not be more than is
necessary, as determined in accordance with HUD requirements, to provide
affordable housing after taking account of such related assistance. The PHA will
adjust in accordance with HUD requirements the amount of the housing
assistance payments to the owner to compensate in whole or in part for such
related assistance.
23. OWNER LOBBYING CERTIFICATIONS
a. The owner certifies, to the best of owner’s knowledge and belief, that:
1. No Federally appropriated funds have been paid or will be paid, by or on
behalf of the owner, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of the HAP contract, or the
extension, continuation, renewal, amendment, or modification of the HAP
contract.
2. If any funds other than Federally appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the HAP contract, the owner must complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
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accordance with its instructions.
b. This certification by the owner is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352.
24. COMPLETION AND ACCEPTANCE OF CONTRACT UNITS
The owner certifies that the contract units have been completed in accordance with the
Agreement. Completion and acceptance of the units is subject to the provisions of the
Agreement.
25. TERMINATION OF HAP CONTRACT FOR WRONGFUL SELECTION
OF CONTRACT UNITS
The HAP contract may be terminated upon at least 30 days notice to the owner by the
PHA or HUD if the PHA or HUD determines that the contract units were not eligible for
selection in conformity with HUD requirements.
26. NOTICES AND OWNER CERTIFICATIONS
a.Where the owner is required to give any notice to the PHA pursuant to the HAP
contract or any other provision of law, such notice must be in writing and must be
given in the form and manner required by the PHA.
b. Any certification or warranty by the owner pursuant to the HAP contract shall be
deemed a material representation of fact upon which reliance was placed when
this transaction was made or entered into.
27. ENTIRE AGREEMENT; INTERPRETATION
a.The Agreement and the HAP contract, including the exhibits, is the entire
agreement between the PHA and the owner.
b. The Agreement and the HAP contract must be interpreted and implemented in
accordance with all statutory requirements, and with all HUD requirements,
including amendments or changes in HUD requirements during the term of the
HAP contract. The owner agrees to comply with all such laws and HUD
requirements.
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