HomeMy WebLinkAbout2021/03/02-Attachments-PRP Policies and Procedures approved by Council Jan 2019.pdfCity of Fort Worth
Neighborhood Services Department
Priority Repair Program
Policies and Procedures
Revised January 2019
Contents
Introduction................................................................ 3
Policies.................................................................... 3
Repair Eligibility........................................................ 3
Housing Unit Eligibility .................................................. 5
Applicant Eligibility..................................................... 6
Limitations on Assistance ................................................. 7
Procedures.................................................................. 8
Verification of Income and Owner Occupancy Status ......................... 8
Program Administration.................................................... 9
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Introduction
The purpose of the City of Fort Worth ("City") Priority Repair Program
("PRP") is to address urgent health and safety concerns and priority home
repair needs for very low- and low-income homeowners who are unable to make
repairs themselves. Funding for the PRP is provided by the U.S. Department of
Housing and Urban Development ("HUD") through its Community Development Block
Grant ("CDBG") program. The PRP is managed by the City's Neighborhood
Services Department ("NSD"). All policies and procedures for the PRP must be
implemented in accordance with the CDBG regulations at 24 CFR Part 570 et seq
and applicable guidance from HUD, as well as all other applicable federal,
state, and City laws, regulations, and ordinances.
Policies
The purpose of the policies included herein ("Policy") is to provide guidance
to staff and consistency in determining the eligibility of applicants and
repairs under the PRP and to provide the necessary discretion to the NSD
Director ("Director")to both further and achieve the goals of the PRP. In the
event that this Policy does not address a particular specialized or unique
construction or repair situation, Council authorizes the Director, in his or
her sole discretion, to make an eligibility determination using the
underlying purpose and principles of the PRP and all applicable state and
federal laws and regulations.
Repair Eligibility
The PRP will provide repairs up to $5,000.00 of repairs to qualified
homeowners for Priority 1 and Priority 2 repairs as follows:
1. Priority 1 repairs: A situation or condition that poses a threat to
life and/or health and safety of the occupants which requires prompt
corrective action. Priority 1 repairs are limited to:
a. Sewer line breaks, with the following limitations:
i. Visible raw sewage or "gray" water must be present or is
imminently likely to be present.
ii. Applicants must verify the break in the line (rather than
clogging) and its location to determine that the break is
on the homeowner's side of the sewer line prior to approval
of their application for assistance. This can be done by
contacting the City's Water Department.
iii. Repairs under concrete slabs are not eligible unless the
Director has determined that the repair is immediately
necessary for health or safety reasons and the cost of such
repair is within the financial limits of the PRP.
b. Fresh water line breaks, which can be verified by unreasonably
high water bills, a visible water leak, and/or the meter spinning
with all water shut off within the house.
c. Gas line breaks/leaks, with the following limitations:
i. Confirmation from gas utility company or the equivalent is
required to verify existence of the break or leak.
d. Unsafe or inoperable heating units, or houses with no primary
heating source, with the following limitations:
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i. When primary heat source is installed, unvented bathroom
heaters will be removed and the applicable gas lines
capped.
e. Inoperable or unsafe water heaters, with the following
limitations:
i. Replacement of functioning water heater to increase hot
water capacity is not eligible.
2. Priority 2 repairs: Structural/mechanical system failures causing a
situation or condition that threatens the health and/or safety of the
occupants and/or the structural integrity of the house. Priority 2
repairs are limited to:
a. Roof repairs for leaking roofs and significant exterior
deterioration, with the following limitations:
i. Applicant must provide verification regarding homeowners or
hazard insurance as follows:
1. If applicant has homeowners or hazard insurance,
verification that the insurance company has denied a
claim for repairs.
2. If applicant does not have homeowners or hazard
insurance, applicant must provide evidence that such
insurance has been applied for and been denied, and
applicant must sign an affidavit of no insurance.
ii. Maximum size of repair may be limited by $5,000.00 cost
limit, or to specific area of deterioration.
iii. Limited to one roof replacement for the life of the house
regardless of change of ownership.
iv. Roof repair will not include interior repairs to sheetrock,
ceilings, fixtures, etc., if City in its sole discretion
determines that such repairs are either cosmetic in nature
or the unrepaired items do not represent a health or safety
hazard to the occupants.
v. Repairs to roofs or additions not in compliance with City's
Building Code or national building standards, such as
unsafe or improper slopes, poor workmanship on roof
additions, etc. are not eligible.
b. Unsafe or inoperable air conditioning systems, with the following
limitations:
i. Houses with adequate operable window units to provide
cooling for current occupant's health and safety and a non-
functioning central air system are not eligible for
replacement of the central air system under the PRP. Such
applicants will be referred to the City's Weatherization
Assistance Program.
c. Rotten, unstable, or deteriorated bathroom subflooring, for the
purpose of ensuring structural integrity of the toilet and
bathtub, with the following limitations:
i. Full replacement of fixtures may be limited based on
construction feasibility for the house and cost
limitations.
d. Electrical deficiencies that create urgent health and safety
conditions such as loss of power to the house. Such repairs will
focus on the most critical portions of the house, such as
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kitchens and bathrooms. Such repairs might not include complete
replacement or upgrade of the house's electrical service or
repair of all malfunctioning switches depending on specific
construction or system contingencies and the limitations of the
PRP including but not limited to contractor capacity.
The following repairs are not eligible for PRP services:
1. Repairs to plumbing, mechanical, or other systems installed or repaired
without proper City permits; or which were incompletely or incorrectly
installed or repaired by the homeowner or a contractor, unless the
Director determines, in his/her sole discretion, that such repairs are
necessary to address health and safety concerns.
2. Repairs to houses which contain excessive furniture and/or personal
items so that safe access to the house or item or area to be repaired
is impeded, or creates a barrier that interferes unreasonably with the
completion of the repair. Contractors may decline work due to
infeasibility and inaccessibility to item or area needing repair.
3. Systems covered by a homeowners or hazard insurance policy, or repairs
which were previously paid for by an insurance company, but not
completed by the applicant, unless the Director determines, in his/her
sole discretion, that such repairs are necessary to address health and
safety concerns and that good cause exists for the repairs to have not
been previously completed.
4. Repairs to houses which would cause or constitute non-compliance with
HUD environmental review regulations or other HUD requirements or cause
violations of the City Building Code.
Housing Unit Eligibility
1. The house must be owner occupied by the person applying for PRP
services. Ownership will be verified from the Tarrant Appraisal
District ("TAD") records or the Tarrant County Real Property records
(or the equivalent public records if the house is located in another
county within the City's corporate boundaries). Applicant may be
required to provide additional documentation proving ownership of the
house, for example if title was obtained by heirship or probate, one
spouse is not on the title in a community property house acquired
during the marriage, or equitable title situations under Texas law such
as purchasing the house under a contract for deed or homestead
situations under Texas law. Applicant may be a co-owner of the house so
long as applicant occupies the house as applicant's primary residence.
2. The house must be located within the City's corporate boundaries.
3. The house must have a value of $175,000.00 or less as shown on TAD (or
the appraisal district of the county in which the house is located).
Other documentation showing value of the house such as a recent
appraisal or Broker's Price Opinion, or other objective means of
establishing value, may be considered in City's sole discretion.
However, in the event the Director determines, in his/her sole
discretion, that the repairs are necessary to address imminent health
and safety concerns for the occupants and that the house's overall
condition is such that the value is significantly diminished, the house
shall be eligible for repairs under the PRP.
4. The following properties will be ineligible for PRP services:
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a. Vacant properties;
b. Unoccupied houses with inactive utility accounts (water,
electricity, gas);
c. Houses located in a floodplain unless applicant carries flood
insurance on the house;
d. Rental properties;
e. Multifamily properties;
f. Detached structures converted to a living space (garage
apartments, etc.);
g. Duplexes (unless both sides of the duplex have separate owners);
h. Houses with extensive unrepaired flood or fire damage, damage due
to vandalism, and/or other extensive, unrepaired damage;
i. Houses determined to be substandard or uninhabitable by the
City's Code Compliance Department;
j. Houses where the primary purpose (based on space allocation) is
operation of a business enterprise;
k. Houses on which a foreclosure action has been commenced by a
lending institution, a judgement creditor or a tax entity; and
1. Houses which are infeasible to repair within the PRP's cost
limitations or otherwise as determined by the City in its sole
discretion.
Applicant Eligibility
Applicants must meet the following criteria in order to qualify for PRP
services:
1. Total anticipated annual household income of all persons over 18
residing in the house must be at or below 60% of Area Median Income
("AMI"), as established annually by HUD.
a. The household's gross annual income for the purpose of
determining PRP eligibility will be calculated consistent with
HUD Regulations at 24 CFR Part 5 which define sources of income
to be included or excluded from the calculation. Income of all
household residents age 18 or over will be included in the total
annual gross household income, unless a household member 18 or
over is verified to be a full-time student.
b. Documentation of all income for the 60 days preceding the
application must be provided by the applicant and all adult
household members. Income documentation requirements are further
described in the section of this Policy titled Verification of
Income and Owner Occupancy Status.
c. Household size is determined at the time of the application
intake interview. Any change or reduction in household size
during the application process must be documented with records
such as copies of leases, recently updated driver licenses,
utility bills, bank statements, or other documents showing
residency, which demonstrate whether and when a person has left
or joined the applicant's household. Misrepresentation of the
number of household members may result in denial of the
application.
2. Applicants must be current on their property taxes with the county Tax
Assessor -Collector. Documentation of payment plans or deferrals
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authorized by the Tax Assessor -Collector or other applicable authority
must be submitted for review and determination, in City's sole
discretion, that they meet this requirement.
3. Eligible homeowners must have United States residency status consistent
with the requirements and guidelines of the CDBG program and the HUD
Office of Community Planning and Development ("CPD").
4. If necessary due to funding limitations, contractor capacity, or City
administrative capacity, completion of PRP repairs will be prioritized
based on urgency of need and vulnerability of applicant's household,
assessed by the chart below. In the case of a tie in prioritization
scoring, assistance will be provided to applicants with the most urgent
health/safety repair issue, and to the most elderly/disabled
applicants.
Prioritization Points Criteria
Points
Elderly (62-69 years) +1 (70-79 years) +2 (80+ years) +3
Severely disabled household member (based on Census Bureau definition) +2
Children under the age of 6 +2
Income Level (50 - 60% AMI) +1 (40 - 49% AMI) +2 (below 40% AMI) +3
No previous PRP services +2
PRP services within last 4 years (subtract number of services)
Special circumstances/other good cause as determined by the Director (up to 2 points)
Total Points
5. The following applicants will be ineligible for PRP services:
a. Applicants who cannot or will not provide all necessary
documentation as required by this Policy, or applicants who
falsify any documents, income information, household size
information, etc.;
b. Applicants who exhibit threatening behavior or language toward
City staff or toward contractors assigned to perform repairs.
Limitations on Assistance
1. Maximum of $5,000.00 in repair costs per project (hard costs);
excluding soft costs such as permits, as consistent with HUD guidelines
at 24 CFR Part 35. Extent of costs may limit the extent of repair or
replacement that may be performed on roofs, heating systems, plumbing
systems, or any otherwise eligible repairs.
2. Only 1 repair to a house will be made every 12 months. The Director, in
his/her sole discretion, may choose to address more than one eligible
item at a time if the disrepair of each additional item meets the
overall criteria of presenting a significant or immediate risk to the
health and safety of the occupants and the combined cost is within the
$5,000.00 PRP limit.
3. Item or system to be repaired must be accessible to City inspectors and
contractors. The repair must be within cost limitations, liability
constraints, and scheduling requirements. For example, excess personal
belongings in the house that block contractor or inspector access,
absence of the homeowner at the time of scheduled appointments for
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inspections or repair work, and similar barriers to access may result
in delay or denial of PRP services.
4. The City retains sole discretion to approve or deny service based on
this Policy, including the limitations of construction or mechanical
system feasibility, HUD requirements, building code requirements,
funding limitations, financial feasibility, and cost reasonableness.
Procedures
Verification of Income and Owner Occupancy Status
1. To verify income and household size in accordance with HUD
requirements, the applicant/homeowner and all persons over 18 years of
age living in the household must provide current Texas Driver License
or Texas DPS identification verifying that they live at the house, as
well as full documentation of all sources of income for the past 2
months. If any adult household member states that they are not
receiving income, that person must provide a signed verifiable income
certification form in a format approved by HUD CPD. Additional
documentation may be requested to verify lack of income such as letters
from the Texas Workforce Commission verifying ineligibility for
unemployment insurance payments, copies of bank statements, income tax
returns, etc.
2. Applicants will have 10 business days from the date of application
(which is the date of intake appointment) to provide any missing
documentation. Applicants with incomplete files may receive a letter of
denial of services if all documents are not received in a timely
manner.
3. Family members or others assisting an applicant with completing the
application will be asked to provide identification to verify their
relationship to applicant. Case workers or translators must provide
documentation of their authority to assist the applicant.
4. Documents required for HUD verification purposes may include, but not
be limited to the following:
a. Verification of wages, salaries, or tips (pay stubs, etc.);
b. Verification of child support (printouts from the Office of the
Attorney General or local child support office, copies of divorce
decrees, copies of bank statements, etc.);
c. Letters concerning Social Security or disability payments
received by all household members;
d. Letters or other documentation of income from pensions,
annuities, or other retirement income;
e. Bank statements for checking and savings accounts for 2 prior
months to verify total income received and show interest income
on savings, etc.;
f. Brokerage or other statements showing all investments, retirement
accounts, etc., for 2 prior months;
g. Utility bills showing proof of active utility service (water,
gas, electric);
h. Verification that property taxes on the house are current or that
payments on a payment plan with the Tax Assessor -Collector are
current;
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i. Proof of enrollment for household members claiming full-time
student status;
j. Verification of mortgage statements showing whether applicant has
homeowners or hazard insurance on the house, or other
documentation regarding homeowners or hazard insurance; and
k. Income tax returns for most recent year, for self-employed or
other income.
5. All income documentation procedures will be consistent with HUD CPD
guidance as provided in the HUD publication Technical Guide for
Determining Income and Allowances for the HOME Program, available
online at http://www.hudexchange.info.
Program Administration
The administrative procedures for this Policy are designed to achieve the
primary purpose of the PRP which is providing services to the most vulnerable
applicants with the most urgent repair needs. These administrative procedures
are also designed to take into account the high demand for PRP services, the
limited funding available for the services, and staff capacity to administer
the PRP. To the extent feasible, and within the constraints of HUD guidelines
and applicable City policies, administrative procedures for the PRP will be
consistent with standard practices for similar programs that provide services
to low income households such as Community Action Partners, or other similar
programs provided by state or local government entities or non -profits. The
administrative procedures in this Policy may be revised by the Director from
time to time to incorporate industry standards and best practices in order to
increase administrative efficiency to better meet the needs of eligible
households and to fulfill the purposes of the PRP.
1. Only complete applications will be included in the regular
prioritization process. Failure to provide all HUD -required
documentation may result in denial of PRP services. Applicants will be
given 2 weeks to provide full documentation. Denial letters may be sent
to applicants not providing full information by the end of this two -
week period.
2. Appointments will be scheduled with applicants to complete the full
application and provide the applicant an opportunity to ask any
questions about the PRP services. Repeated failure by an applicant to
keep appointments may result in denial of PRP services.
3. On -site inspections to verify eligibility of the repair will be
scheduled for Priority 1 repairs before Priority 2 repairs. Priority 1
repairs will be scheduled in advance of Priority 2 repairs as feasible.
If the on -site inspection or subsequent contractor inspection
determines that the estimated cost of repairs will exceed the $5,000.00
limit, the repair will be determined ineligible and a denial letter
will be sent to the applicant.
4. Repairs will be completed as soon as feasible within the following
constraints:
a. HUD regulations;
b. Environmental review requirements;
c. Availability of funding;
d. Contractor availability;
e. Weather conditions; and
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f. Applicant's cooperation in providing required documentation to
establish eligibility and access to the house.
5. Applicants must be present for NSD inspections, and for City -required
building inspections performed by the City's Planning and Development
Department. Failure to provide access for inspections may result in
temporary or permanent denial of PRP services and/or possible voiding
of contractor warranty. Applicants will be asked to provide additional
and alternate contact information so that, if necessary, attempts can
be made to follow up with the applicant to schedule necessary
inspections. Staff will document 3 attempts to contact the applicant,
but if there is no response after the third attempt, a denial letter
may be sent to the applicant.
6. Applicants must be present for the contractor's visit to perform the
work. Applicants may only reschedule the contractor appointments for
the repair work once, unless the applicant can provide verification
that an additional rescheduling request is necessary due to health or
other urgent issue beyond applicant's control. Additional or multiple
requests for rescheduling of contractor work may result in denial of
PRP services.
7. All determinations made by the Director shall be in writing and
substantiated, where applicable, with any additional documentation
relied upon by the Director. A copy of the written determination by
Director shall be included in the file.
8. To ensure the ongoing effectiveness of the PRP, the Director may
modify, amend or add additional administrative procedures to the ones
set out in this Policy, within the above listed limitations and based
on the primary purposes and goals of the PRP.
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