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General
Requirements
As part of the Quality Housing and Work Responsibility
Act of 1998, Congress imposed a requirement that all
adult residents of federally funded public housing, unless
exempted, must perform community service activities or
participate in an economic self-sufficiency program to
remain eligible for public housing assistance. Therefore,
the federal public housing law now requires that all
non-exempt residents must:
• Contribute eight (8) hours per month of community service
(not including political activity); or
• Participate in an economic self-sufficiency program for
eight (8) hours per month; or
• Perform eight (8) hours each month of combined community
service and self-sufficiency activities.
Definitions
Community Service: For the purpose of this policy, community
service is the performance of voluntary work or duties
for the public benefit that serve to improve the quality
of life and/or enhance resident self-sufficiency, and/or
increase the self-responsibility of the resident in the
community. Community service is not limited to a single
type of activity or a single location. Acceptable community
service activities include, but are not limited to, improving
the physical environment of the resident’s development;
volunteer work in a local school, hospital, or child
care center; working with youth organizations, human
services agencies, tenant associations, or other non-profit
organization; or helping neighborhood groups on special
projects. By statute, political activity is not an eligible
form of community service. Political activity is activity
on behalf of candidates for elected public office or
on behalf of a political party.
Economic Self-Sufficiency Program: For the purpose of
this policy, an economic self-sufficiency program is
any program designed to encourage, assist, train, or
facilitate the economic independence of participants
and their families or to provide work for participants.
These programs may include, but are not limited to: programs
for job training, employment counseling, work placement,
basic skills training, education, English language proficiency,
work fare, financial or household management, apprenticeship,
and any program necessary to ready a participant to work,
such as substance abuse or mental health treatment.
Notification of Residents
The Somerville Housing Authority (SHA) will notify all
residents of the new community service requirement before
the implementation of this policy. The notification will
include any explanation of the program and will list
the categories of individuals who are exempt from performing
community service activities. The notification will describe
the verification that will be required to establish an
exemption. Definitions and examples of community service
and economic self-sufficiency activities will be part
of the notice.
The notification will also advise families when the community
service obligation will begin. Non-exempt residents will
be required to begin performing community service at
their first annual redetermination date following the
adoption of this policy.
This general notification and all other notices sent
to residents regarding this Policy shall include a statement
that the resident has the right to request a hearing
under the grievance procedure and shall include the names,
addresses, and telephone numbers of the local tenant’s
organization and local legal services organizations.
Exemptions
Resident household members who are under 18 years of
age are exempt. The following residents over the age
of eighteen (18) are also exempt from this requirement:
1. Resident household members who are sixty (60) years
old or older.
2. Resident household members who are blind or disabled
as defined in the Social Security Act (Section 216(i)(1)
or Section 1614 of the Social Security Act (42 U.S.C.
416(i)(1); 1382(c).
The Social Security Act defines disability as the “inability
to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment
which can be expected to result in death or has lasted
or can be expected to last for a continuous period of
not less than twelve months.”
Blindness is defined as “central visual acuity
of 20/200 or less in the better eye with the use of a
correcting lens. Any eye which is accompanied by a limitation
in the field of vision such that the widest diameter
of the visual field subtends an angle no less than 20
degrees shall be considered for purposes of this paragraph
as having a central visual acuity of 20/200 or less.”
Residents who claim exemption because of disability or
blindness must also certify that because of this blindness
or disability they are unable to comply with the community
service requirement. If a resident does not meet this
definition of blindness or disability and believes that
he or she is unable to perform community service or economic
self-sufficiency activity, he or she may apply for an
exemption from the requirement as a reasonable accommodation.
3. Resident household members who are the primary caregiver
of a blind or disabled individual as previously described.
4. Resident household members who are engaged in a work
activity. Work activities include but are not limited
to the following:
• Unsubsidized employment; subsidized private sector employment;
• Subsidized public sector employment;
• Work experience, including work associated with refurbishing;
publicly assisted housing, if sufficient private sector
employment is not available;
• On-the-job training;
• Job search and job readiness assistance;
• Community service programs;
• Vocational education training not to exceed twelve (12)
months;
• Job skills training directly related to employment;
• Education directly related to employment for a resident
who has not received a high school diploma or a certificate
of high school equivalency;
• Satisfactory attendance at a secondary school or in a
course of study leading to a certificate or general equivalence
for a resident who has not completed high school or received
such a certificate; or
• The provision of childcare services to an individual
who is participating in a community service program.
5. Resident household members who meet the requirements
for being exempted from work activity under Part A of
Title IV of the Social Security Act (42 USC Section 601,
et seq.) or under any other state welfare program, including
a state-administered welfare-to-work program. Current
exemptions from state welfare programs include but are
not limited to the following:
• Disabled person as defined in the Massachusetts TAFDC
program;
• Pregnant woman (TAFDC);
• Caretaker of a child under the age of two (2) (TAFDC);
and
• Person age of 60 years old or older (TAFDC)
6. Resident household member of a family receiving assistance,
benefits or services under a state program funded under
Part A of Title IV of the Social Security Act (42 USC
601, et. Seq.) or under any other state welfare program,
including a state-administered welfare-to-work program,
and who has not been found in non-compliance with that
program.
In accordance with HUD guidelines, persons eligible for
a disability deduction in rent are not automatically
exempt from the community service requirement. A resident
is exempt only to the extent the disability makes the
person “unable to comply” with the community
service requirement.
Initial Determination of Exemption
For the first year after the implementation of this policy,
a comprehensive information sheet describing the community
service requirement will accompany the letter sent to
each head of household asking them to come into the development
management office to begin the Tenant Status Review (TSR)
process. The notice will describe the exemptions and
outline the verification required to establish each exemption.
The head of household will be asked to provide the required
verification to the property manager during the ninety-day
status review period.
All applicants will be provided with an information sheet
describing the community service/self-sufficiency requirement
at the time they make their final application. At the
time the lease is signed, the property manager will again
provide the head of household with the community service
information sheet. The head of household will be asked
to declare which household members are exempt from community
service and provide the appropriate verifications.
In order to establish an exemption, the following verification
must be provided:
• Disability or blindness. Receipt by a household member
of Social Security Disability Insurance (SSDI), Supplemental
Security Income (SSI), or Emergency Aid to the Elderly,
Disabled, and Children (EAEDC), disability benefits or
receipt of a determination of exemption from TAFDC, Food
Stamps, or other state welfare program’s work activity
requirements shall be deemed proof of disability under
this policy. A household member whose application for
SSDI, SSI, or EAEDC disability benefits is pending shall
be deemed disabled unless and until a denial of the application
is received. Any resident who believes they meet the
definition of disability included in this policy may
submit a statement from their treating physician providing
SHA staff with facts that will assist them in determining
whether the resident is disabled within the definition
applicable under this policy. If a resident does not
meet this definition but still believes that he or she
is unable to perform community service, the resident
may apply for a reasonable accommodation. Residents who
are determined to be exempt because of blindness or disability
under SSDI or SSI shall also sign a statement certifying
that they are unable to comply with the community service
requirement because of the blindness or disability.
• Primary caregiver of a disabled or blind person. A statement
from the person being cared for or his or her guardian
affirming that the resident seeking exemption acts as
the primary caregiver and the period during which (s)he
is expected to continue in that role shall be adequate
verification.
• Engaged in work activity. The verification of employment
income provided to SHA for rent determination shall be
adequate for this purpose. Verification of participation
in job training or other qualifying program must be submitted
by providing the appropriate paperwork.
• Exempt from work activity under state welfare program.
Verification of the exemption should be obtained from
the Massachusetts Department of Transitional Assistance
if the resident is a TAFDC or EAEDC recipient. Non-recipients
should provide appropriate third party documentation
of exempt status.
• Member of a family who receives assistance from a state
welfare program and is not in non-compliance with that
program. Verification of receipt of program assistance
and that family member is not in non-compliance, should
be obtained from the Department of Transitional Assistance.
The manager will make a determination of exempt status
and notify the resident. If the resident disagrees with
the determination, he or she may file a grievance under
the SHA grievance procedure. The exemption status for
each household member will be entered on the client worksheet.
Notification of Eligible Activities
Prior to the effective date of this policy, and at least
once annually thereafter, the SHA shall contact a reasonable
number of eligible community service host agencies for
the purpose of developing a list of community service
placements.
The SHA shall provide families with non-exempt members
with a list of approved community service placements
containing a brief description of the opportunities and
the name, address, and telephone number of the contact
person. If a non-exempt household member elects to perform
community service at an organization not identified on
the SHA prepar4ed list, the member may seek approval
from the SHA.
If a community service placement agency requires a CORI
check of the volunteer as a condition of such community
service, then the SHA shall offer to obtain and provide
such CORI to the agency, at no charge to the tenant and
upon written consent of the affected tenant.
The SHA shall not impose any sanction on a family with
non-exempt members unless it first provides the family
with an appropriate and available placement, with due
regard to the non-exempt member’s linguistic capabilities,
disabilities and transportation needs.
Continuing Determination of Exemption and Compliance
Each year, as part of the Tenant Status Review, the property
manager will determine whether each non-exempt household
member has complied with the community service requirement
of 96 hours per year and whether each exempt household
member continues to be exempt.
Included with the letter requesting the head of household
to come to the office for the status review will be a
reminder that resident compliance with and/or exemption
from community service will be determined as part of
the status review. A list of exemption categories, a
reminder that certain exemptions from the community service
requirement must be reviewed annually and a description
of the documentation needed to support each exemption
will be attached to the letter. Also included with the
letter will be Verification of Compliance forms for each
household member who was required to perform community
service. These forms must be completed and returned to
the property manager at least thirty (30) days before
the lease term expires. The form includes confirmation
of:
• The number of hours of community service/self-sufficiency
work completed;
• The type of work completed;
• The community organization where the work was completed
• The signature, name, title, address and telephone number
of the person supervising completion of the work.
At the time of the status review, the manager will reconfirm
the exemption status of each household member. The head
of household may provide the property manager with the
required documentation for any change in status claimed
by an adult family member. The manager will reconfirm
the following exemption categories annually:
• Blindness or disability
• Primary caregiver
• Engaged in work activity
• Exempt from work activity under a state welfare program
• Exempt through receipt of assistance, benefits or services
from a state welfare program and not in non-compliance
with that program
If a household member becomes exempt from the community
service requirement during a lease term and informs the
manager so that the exemption can be verified, he or
she shall be exempt from performing community service
for the entire year. Unemployed residents, for example,
may request an exemption if they find work or state a
job-training program. If a resident is determined by
SHA to become exempt during the year, s/he will be excused
from the entire annual 96-hour requirement. There is
no obligation for a resident to report a change in status
from exempt to non-exempt during a lease term.
If the household is found to be in compliance with the
community service/self-sufficiency requirement, the lease
will be automatically renewed. An annual lease signing
process is not necessary.
Non-Compliance
If the SHA determines that a non-exempt resident has
not complied with the community service/ self-sufficiency
requirement, the property manager must notify the head
of household of the noncompliance in writing. This notification
must inform the resident that:
• A non-exempt member of their household has been found
in non-compliance with a statement of the specific facts
and sources of those facts supporting such determination;
• The determination of noncompliance is subject to the
SHA’s grievance procedure.
• Unless the resident enters into an agreement to cure
or the non-compliant adult no longer resides in the unit,
the lease of the family of which the non-compliant adult
is a member shall not be renewed; and
• The resident has the opportunity to cure the noncompliance
during the next twelve (12) month period.
To take advantage of the statutory opportunity to cure,
the non-compliant adult and the head of household must
sign an agreement stating that the non-compliant adult
will complete, over the next twelve (12) month term of
the lease, the additional hours of community service
or economic self-sufficiency activity needed to reach
the required total of 96 hours for the prior year. These
additional hours must be performed in addition to the
96 hour requirement for the current lease year. If a
non-compliant adult becomes employed during a period
over the next twelve (12) month term of the lease, additional
hours of community service or economic self-sufficiency
activity must be provided to reach the required total
of 96 hours for the prior year.
As is required by law, continued non-compliance after
the opportunity to cure will result in the commencement
of eviction proceedings against the entire household,
unless the non-compliant family member is no longer part
of the household.Documentation
The property manager must retain documentation of community
service or economic self-sufficiency participation and/or
exemption in the resident’s file.
At lease signing for new residents or at the Tenant Status
Review for current residents, the manager must ensure
a Certification of Exemption Status form is completed
for each adult household member claiming an exemption
from the community service/self-sufficiency requirement.
Supporting documentation will be requested of the resident
to verify exempt status and copies of the verification
will be retained in the file.
At the time of the annual Tenant Status Review, the head
of household is responsible for ensuring that a Verification
of Compliance form is completed by the appropriate authority
for every non-exempt household member. This form will
also be maintained in the resident file.
Grievance Procedure
Upon filing a written request, as provided in the Somerville
Housing Authority Grievance Procedure, any resident who
disagrees with the SHA action or failure to act in accordance
with the Community Service Policy shall be entitled to
a grievance hearing.
Prohibition Against the Replacement of Employees
In implementing the community service requirement, the
SHA will not substitute community service for work ordinarily
performed by public housing employees or replace a job
at any location where community work requirements are
performed.
Monitoring
The SHA intends to exercise its option to administer
the community service/self-sufficiency requirement through
one or more of the following alternatives:
• Directly administer some qualifying community service
and economic self-sufficiency activities;
• Make such activities available through partnerships with
qualified organizations, including resident organizations
and community agencies or institutions.
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