HomeMy WebLinkAboutCCMPacket2021-04-27CITY COMMISSION MEETING
AGENDA FOR APRIL 27, 2021
5:30 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION Commissioner Guess
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
MAYOR'S REMARKS
PROCLAMATION National Travel & Tourism Week - Mary Hammond
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A.Approve Minutes for April 13, 2021
B.Receive & File Documents
C.Personnel Actions
D.Approve the 2021 Annual Plan and Administrative Plan for the Section
8 Program- T HOLLIMON
E.Acceptance of an Emergency Solutions Grant (ESG-CV) for Emergency
Shelter in the amount of $31,500 through the Kentucky Housing
Corporation - T WILSON
F.Approve a 2021 Firehouse Subs Public Safety Foundation Grant
Application in the amount of $23,125.80 - S KYLE
II. MUNICIPAL ORDER(S)
A.Authorize up to $100,000 in grant funds to Marian Group for roof
stabilization at the Dunlap Apartments (Walter Jetton School) - K AXT
B.Acquisition of Permanent Right of Way and Permanent Utility and
Drainage Easement located at 3801 Hansen Road for the Buckner Lane
Bridge Project - R MURPHY
C.Approve agreement with Federal Engineering, Inc to refresh the report
for 911 radio project. $52,500 - B LAIRD
III. ORDINANCE(S) - ADOPTION
A. Authorize the Application for an Entertainment Destination Center in
Downtown Paducah - K BYERS
B. BUILD Grant Environmental Assessment – Change Order #1 to BFW
Engineering & Testing, Inc contract for $12,200.00 - R MURPHY
C. Approve Budget Amendment in an amount of $154,000 for Industrial
Development Authority RDAAP Matching Funds Payment - J ARNDT
D. Approve Amendment to Sec. 2-142 of the Code of Ordinances related
to the time of Regular Commission Meetings - J ARNDT
IV. DISCUSSION
A.Commission Priorities Quarterly Update - M SMOLEN
V. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VI. EXECUTIVE SESSION
April 13, 2021
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, April 13, 2021, at
5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Bray
presided. Upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5).
INVOCATION:
Commissioner Gault led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
MAYOR ’S REMARKS
Mayor Bray reflected on his first 100 days in office.
PROCLAMATION
Mayor Bray presented a proclamation to Amberly Haverstock, Community Impact Director with
Lotus, proclaiming April as Sexual Assault Awareness and Prevention Month.
PRESENTATIONS
Communications Manager, Pam Spencer, offered the following summary:
Community Scholarship Program Presentation
“West Kentucky Community & Technical College President Dr. Anton Reece and
Vice President of Institutional Advancement Lee Emmons provided an update on the
Community Scholarship Program and thanked the City for its funding support since
fiscal year 2011. Annually, the City provides $125,000 toward the program which
was launched to increase the number of high school graduates, increase the number
of citizens with post-secondary education, and improve the quality and skill level of
our regional workforce. Emmons said, “Education is an investment in the future of
our community.” So far, more than 1800 students have benefited from the program.
The Program motivates students to graduate high school and pursue a higher
education by providing each Paducah and McCracken County high school graduate
with a two-year tuition scholarship to West Kentucky Community & Technical
College provided that each student register for the program, maintain a minimum
grade point average and attendance record, and not have major disciplinary
problems. The program also receives funds from McCracken County, the Rotary
Club of Paducah, Paducah Junior College, Inc., Paducah Power System, and
numerous private sources.”
April 13, 2021
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. No items were removed. Mayor Bray asked the City Clerk to read the items on the
Consent Agenda.
I(A) Approve Minutes for March 23 and March 30, 2021, Paducah Board of Commissioners
Meetings
I(B) Receive & File Documents
Minute File:
1. Notice of Special Called Meeting of the Board of Commissioners of the City of
Paducah – March 30, 2021
Deed File:
1. Deed of Conveyance – Shaw to City of Paducah – 729 South 13th Street MO
#2404
2. Deed of Conveyance – Darnell to City of Paducah – 540 Locust Drive MO #2433
3. Deed of Conveyance – Embry and Hayes to City of Paducah – 1256 South Sixth
Street – MO #2434
Contract File:
1. Purchase of Solid Waste Dumpsters from Municipal Equipment, Inc. – State
Contract – MO #2381
2. Commonwealth of Kentucky – Historic Preservation Grant $22,500 – MO #2441
3. Purchase of 2021 Ford Transit Van for Paducah Police Department – State
Contract - MO #2446
4. Interlocal Cooperation Agreement – City of Paducah, McCracken County,
Paducah-McCracken County Industrial Development Authority and GPED – ORD
2020-12-8664
5. Agreement Between the City of Paducah and AFSCME Local 1586 –
ORD 2021-03-8680
6. GovHR USA – Recruitment Proposal – City Manager Search – CM Signed
7. Moran Environmental Recovery (MER Commercial Diving Division) –
Riverfront Soundings – 2021 – Signed by Rick Murphy
Financials File:
1. Paducah Water Works – February, 2021
2. GPEDC – Financial Statements – Years Ended June 30, 2020 and 2019
Bids File:
1. Street Resurfacing Program 2021-2022 – Jim Smith Contracting
ORD 2021-03-8679
I(C) Personnel Actions
I(D) A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY
LOCATED AT 514 MARTON STREET TO THE CITY OF PADUCAH, AND
April 13, 2021
AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE
IN THE DEED OF CONVEYANCE FOR SAME (MO #2447; BK 11)
I(E) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN
APPLICATION FOR A 2021 MATCHING INSURANCE SERVICES SAFETY GRANT
IN THE AMOUNT OF $3,000 THROUGH THE KENTUCKY LEAGUE OF CITIES
FOR REIMBURSEMENT FOR PRIOR APPROVED ITEMS/EQUIPMENT THAT
WILL REDUCE WORKERS’ COMPENSATION EXPOSURES, ACCEPTING ANY
GRANT FUNDS AWARDED BY KLCIS, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2448; BK 11)
I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT
APPLICATION THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY
(KOHS) FOR FUNDS IN THE AMOUNT OF $93,975, FOR PURCHASE OF AN X-
RAY SYSTEM FOR THE PADUCAH POLICE DEPARTMENT BOMB SQUAD, TO
EXECUTE THE KENTUCKY PROCUREMENT POLICY AND ALL OTHER
DOCUMENTS WHICH ARE DEEMED NECESSARY BY KOHS (MO #2449; BK 11 )
Commissioner Gault offered motion, seconded by Commissioner Guess, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
MUNICIPAL ORDERS
EMPLOYMENT AGREEMENT WITH NICHOLAS HUTCHISON FOR DIRECTOR OF
PLANNING
Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER APPROVING AN
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND NICHOLAS
HUTCHISON FOR EMPLOYMENT AS DIRECTOR OF PLANNING AND AUTHORIZING
THE MAYOR TO EXECUTE SAME.”
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2450; BK 11 )
UTILITY ASSISTANCE GRANT THROUGH COMMUNITY DEVELOPMENT BLOCK
GRANT CARONAVIRUS RESPONSE PROGRAM IN THE AMOUNT OF $200,000
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING AN
APPLICATION FOR A 2021 CDBG CORONAVIRUS RECOVERY KENTUCKY GRANT IN AN
AMOUNT UP TO $200,000 THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT
FOR OVERDUE UTILITY BILLS ASSISTANCE AND AUTHORIZING THE EXECUTION OF
ALL DOCUMENTS RELATED TO SAME.”
April 13, 2021
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2451; BK 11)
ORDINANCE EMERGENCY
BUSINESS LICENSE DEADLINE EXTENDED TO MAY 17, 2021
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners introduce and adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING A
GROSS RECEIPT TAX EXTENSION FOR CALENDAR YEAR FILERS AND DECLARING AN
EMERGENCY TO EXIST.” This ordinance is summarized as follows: That the Mayor is hereby
authorized and directed to extend the filing deadline of the annual Gross Receipts License Tax
(Business License Tax) as outlined in Section 106-61 through 106-160 of the Code of Ordinances of
the City of Paducah, Kentucky, to May 17, 2021, for calendar year filers. The deadline of May 17,
2021, is the same time established by the Internal Revenue Service and the Commonwealth of
Kentucky. The Finance Director shall ensure the tax relief provisions set forth in this Ordinance are
effectuated. All persons to which said extension applies must file appropriate forms and pay their
gross receipts license tax by May 17, 2021, to avoid penalties and interest. Penalties and interest
will begin to accrue on any remaining unpaid balances as of May 18, 2021. Further, pursuant to
KRS 83A.060, the City Commission suspends the requirement of a second reading of this
ordinance. As grounds therefor, the City Commission does hereby declare an emergency to exist
due to the need to mitigate the local economic effects of the COVID-19 pandemic by adopting an
ordinance before the deadline of April 15, 2021.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (ORD 2021-04-8681; BK 36)
ORDINANCE ADOPTION
AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH STRAND
ASSOCIATES
Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH STRAND ASSOCIATES,
INC. FOR PROFESSIONAL SERVICES RELATED TO STORMWATER ASSISTANCE.” This
Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute Amendment
No. 1 to the Agreement with Strand Associates, Inc. for professional services related to Stormwater
assistance. Said Amendment increases the agreement by $49,000.00 for a total Agreement amount of
$74,000.00. This expenditure shall be charged to the MAP Fund- Construction Materials/Storm Sewer
Account.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5) (ORD 2021-03-8682; BK 36)
April 13, 2021
ZONING TEXT AMENDMENT OF SECTION 126-87 MOBILE FOOD VEHICLES
Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 126 OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO MOBILE FOOD
VEHICLES.” This Ordinance is summarized as follows: This ordinance amends Section 126-87
Mobile Food Vehicles of the Paducah Code of Ordinances to clarify exemptions for mobile food
vehicles under the zoning ordinance. Specifically, mobile food vehicles operating under a special
event permit or permanent mobile food vehicles are exempted from this section of the zoning
ordinance. Further, this ordinance adds coffee trucks that move from place-to-place and are
stationary in the same location for no more than ten (10) minutes at a time to the exemptions.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5) (ORD 2021-03-8683; BK 36)
ZONING TEXT AMENDMENT OF SECTION 126-115 HISTORICAL ZONES, H-1 AND
H-2
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 126 OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO HISTORICAL
ZONES.” This Ordinance is summarized as follows: This ordinance amends Section 126-115
Historical Zones, H-1 & H-2 of the Paducah Code of Ordinances to standardize verbiage, remove
screening requirements in the H-1 Zone, allow multi-family dwellings as conditional uses in the H-2
Zone, protect the existing historic housing stock by now allowing further subdivisions of single-
family and two-family structures, remove redundant principal permitted uses, standardize and label
dimensional requirements to reflect how they appear in other zones, enumerate standards for
historical integrity that were intended to be stand-alone standards and remove the requirement for
mandatory informal meetings with petitioners.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5) (ORD 2021-03-8684; BK 36)
ORDINANCE INTRODUCTION
APPLICATION - ENTERTAINMENT DESTINATION CENTER IN DOWNTOWN
PADUCAH
Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Board
introduce an Ordinance entitled, “AN ORDINANCE ESTABLISHING AN ENTERTAINMENT
DESTINATION CENTER IN THE DOWNTON OF PADUCAH AND FURTHER DIRECTING
THE CITY OF PADUCAH TO APPLY FOR AN ENTERTAINMENT DESTINATION CENTER
LICENSE FROM THE COMMONWELATH OF KENTUCKY DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL AND FURTHER ESTABLISHING THE REQUIREMENTS FOR
LICENSEES TO SELL ALCOHOLIC BEVERAGES WITHIN THE ENTERTAINMENT
DESTINATION CENTER.” This Ordinance is summarized as follows: This ordinance creates new
April 13, 2021
articles in Chapter 6 of the City of Paducah, Kentucky Code of Ordinances to define the geographic
boundary of a new Entertainment Destination Center in downtown Paducah and authorizes the City
of Paducah to apply to the Commonwealth of Kentucky Department of Alcoholic Beverage Control
for an Entertainment Destination Center license. Further the ordinance outlines the participation
requirements for alcoholic beverage licensees located within the EDC boundary. Pursuant to KRS
83A.060(9)(c), the following full text shall be published: A new section shall be created in Chapter 6
of the City of Paducah, Kentucky Code of Ordinances which shall be titled “EDC Fees” and to state
as follows:
(a) All ABC licensees participating in the EDC shall be required to pay a yearly fee to City of
Two Hundred Fifty Dollars and no/100 ($250.00). This payment shall be due and payable on
or before July 15 of each year.
BUILD GRANT ENVIRONMENT ASSESSMENT – CHANGE ORDER #1
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board introduce
an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE CHANGE ORDER NO. 1 WITH BFW ENGINEERING & TESTING, INC. TO
INCREASE THE CONTRACT BY $12,200 FOR THE BUILD GRANT ENVIRONMENTAL
ASSESSMENT.” This Ordinance is summarized as follows: This ordinance authorizes the
execution of Change Order No. 1 with BFW Engineering & Testing, Inc., for an increase in the
amount of $12,200 and a new total contract cost of $262,200 related to the BUILD Grant
Environmental Assessment. This Change Order allows for BFW Engineering & Testing, Inc. to
engage the services of a third party to provide mussel surveys along the shoreline as part of the US
Fish and Wildlife Services analysis of the impacts of the proposed project.
APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $154,000
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board introduce
an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641,
ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY,
ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE
30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT.” This Ordinance is summarized as follows:
That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as
adopted by Ordinance No. 2020-6-8641, be amended by the following re-appropriations: Transfer
$154,000 from the Debt Service Fund Reserve to the Investment Fund IDA Account.
APPROVE AMENDMENT TO SEC. 2-142 OF THE CODE OF ORDINANCE – TIME OF
REGULAR COMMISSION MEETINGS
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board
introduce an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-
8641, ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY,
ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE
30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT.” This Ordinance is summarized as follows:
April 13, 2021
That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as
adopted by Ordinance No. 2020-6-8641, be amended by the following re-appropriations: Transfer
$154,000 from the Debt Service Fund Reserve to the Investment Fund IDA Account.
CITY MANAGER COMMENTS
The FY2022 Budget Process is under way.
EXECUTIVE SESSION
Commissioner Gault offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topic:
A specific proposal by a business entity where public discussion of the subject matter would
jeopardize the location, retention, expansion or upgrading of a business entity, as permitted
by KRS 61.810(1)(g)
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)
RECONVENE IN OPEN SESSION
Commissioner Henderson offered motion, seconded by Commissioner Guess, that the Paducah
Board of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the
meeting of the Paducah Board of Commissioners.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)
TIME ADJOURNED: 7:43 p.m.
ADOPTED: April 27, 2021
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
April 27, 2021
Deed File:
1. Deed of Assumption – GPEDC and Paducah-McCracken County Industrial Development
Authority – ORD 2020-12-8664
Contract File:
1. Closing Documents – Transfer from GPEDC to Paducah-McCracken County Industrial
Development Authority – Triple Rail Site – ORD 2020-12-8664
2. Memorandum of Understanding – Community Scholarship Program – West Kentucky
Community and Technical College
CITY OF PADUCAH
April 27, 2021
Upon the recommendation of the City Manager's Office, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
Michelle Smolen
City Manager's Office Signature
4/22/2021
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
NEW HIRES - FULL-TIME (F/T)
PARKS & RECREATION POSITION RATE NCS/CS FLSA EFFECTIVE DATE
McCuan, Tyler Cemetery Sexton $20.00/hr NCS Ex April 29, 2021
PUBLIC WORKS
Lee Jr., Anthony L.Laborer - Maintenance $14.33/hr NCS Non-Ex April 29, 2021
Simmons, Marcey M.Laborer - Maintenance $14.33/hr NCS Non-Ex April 29, 2021
NEW HIRES - PART-TIME (P/T)
ENGINEERING POSITION RATE NCS/CS FLSA EFFECTIVE DATE
Shumaker, Ronnie N.Temporary Pump Operator $10.00/hr NCS Non-Ex April 16, 2021
PARKS & RECREATION
Abbage, Emanuel Parks Maintenance - Laborer $11.00/hr NCS Non-Ex May 3, 2021
Bridges, Emmanuel Parks Maintenance - Laborer $11.00/hr NCS Non-Ex May 3, 2021
Kelley, Michael Park Ranger $10.00/hr NCS Non-Ex April 29, 2021
Thompson, Savana Lifeguard $8.63/hr NCS Non-Ex May 26, 2021
Turnbow, Mikey J.Park Ranger $10.00/hr NCS Non-Ex April 29, 2021
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS
PREVIOUS POSITION CURRENT POSITION
E911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Bugg, Gregory Patrick Telecommunicator Telecommunicator NCS Non-Ex May 6, 2021
$17.06/hr $17.49/hr
FIRE - PREVENTION
Hugen, Vaughn Deputy Electrical Inspector Chief Electrical Inspector NCS Non-Ex April 22, 2021
$26.82/hr $29.50/hr
FIRE - SUPPRESSION
Fuchs, Jennifer Lieutenant Captain NCS Non-Ex May 6, 2021
$17.85/hr $20.12/hr
Owen, Christopher Relief Driver Lieutenant NCS Non-Ex May 6, 2021
$16.61/hr $17.85/hr
PARKS & RECREATION
Downing Jr., David W.Parks Maintenance Supervisor Parks Maintenance Supervisor NCS Ex April 22, 2021
$23.64/hr $24.11/hr
Meadows, Chelsi W.Parks Maintenance Supervisor Parks Maintenance Supervisor NCS Ex April 22, 2021
$23.64/hr $24.11/hr
POLICE POSITION REASON EFFECTIVE DATE
Strong, Codey R.Police Officer Resignation April 14, 2021
PARKS & RECREATION POSITION REASON EFFECTIVE DATE
Orr, Demontay J.Park Ranger Resignation April 14, 2021
White, Tre Shaun M.Parks Maintenance - Laborer Resignation April 19, 2021
April 27, 2021
TERMINATIONS - FULL-TIME (F/T)
TERMINATIONS - PART-TIME (P/T)
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Approve the 2021 Annual Plan and Administrative Plan for the Section 8 Program- T
HOLLIMON
Category: Municipal Order
Staff Work By:
Presentation By:
Background Information: Required annually, this Administrative Plan outlines how the Housing Choice
Voucher program, also known as Section 8, is to operate. While most of the program’s regulations are
established by HUD, a few local preferences can be made, however these elements must be founded in the
Administrative Plan. Current FMR and adjusted Utility Allowances are also included.
Paralleling the preferences of previous years, the 2021 plan gives local preference to recent victims of domestic
violence, full-time students, families displaced by a federally declared disaster, working families, disabled and
elderly households. Also, a local customization, the 2021 plan continues to require a minimum payment by the
tenant of at least $50.00.
Local preferences include continued participation in the HUD-Veterans Affairs Supportive Housing (HUD-
VASH) program which continues to house 16 veterans, and continued promotion of both the Scholar House
and the Merryman House Initiative.
The 2021 Administrative also includes a more detailed description and procedures regarding the VASH
program.
A public hearing for this Administrative Plan was advertised on February 26, 2021 and held on April 13, 2021.
No comments were received.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Housing
Communications Plan: N/A
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval
Attachments:
1.MO sec8-annual plan & utility allowance 2021
2.Attachments
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ADMINISTRATIVE PLAN FOR 2021 HOUSING CHOICE VOUCHER
PROGRAM, EFFECTIVE MAY 1, 2021, WITH SAID ADMINISTRATIVE PLAN
INCLUDING REVISIONS TO THE UTILITY ALLOWANCES FOR THE SECTION 8
HOUSING PROGRAM AS REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS REVISED
WHEREAS, it is the intent of the City of Paducah to submit an Annual Plan, as
required, to the U.S. Department of Housing & Urban Development to provide decent, safe, and
sanitary rental housing assistance for eligible families and provide opportunities, promote self-
sufficiency and economic independence for the Housing Choice Voucher program participants;
and
WHEREAS, the Utility Allowances and the Fair Market Rent may be updated
each year and as such are reflected in this Annual Plan.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, Administrative Plan for 2021
Housing Choice Voucher Program, effective May 1, 2021 is hereby adopted in its entirety.
SECTION 2. That the City of Paducah adopts revisions of the Utility Allowances
for the Section 8 Housing Program reflecting certain changes in utility rates as outlined in the
Administrative Plan for 2021 Housing Choice Voucher Program, effective May 1, 2021.
SECTION 3. This Order will be in full force and effect from and after the date of
its adoption.
_______________________________
Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 27, 2021
Recorded by Lindsay Parish, City Clerk, April 27, 2021
mo\sec8-annual plan & utility allowance 2021
CITY OF PADUCAH KENTUCKY Administrative Plan for 2021 Housing Choice Voucher Program
KY-137
Proposed Effective Date: May 1, 2021 As Adopted by the City of Paducah Board of Commissioners Municipal Order #
TABLE OF CONTENTS – City of Paducah Administrative Plan 2021 HCV Program
INTRODUCTION __________________________________________________________________________________________ 5
Housing Choice Voucher (HCV) Program overview _____________________________________________ 5
PART I. ELIGIBILITY AND OBLIGATIONS _____________________________________________________________ 6
1. Eligibility Determination _______________________________________________________________ 6
2. Selection of Program Participants – Local Preferences _____________________________________ 6
3. Income Targeting Selection Criteria ______________________________________________________ 7
4. Eligibility Exceptions (not eligible) _______________________________________________________ 7
5. Considerations in Denials and Termination- _______________________________________________ 8
6. Criminal Background Checks ___________________________________________________________ 8
7. Citizenship and Eligible Immigration Status _______________________________________________ 8
8. Verifying Income and Determining & Gross Family Contribution ______________________________ 8
9. Social Security and Supplemental Security Income Verification ______________________________ 8
10. Family Obligations __________________________________________________________________ 9
11. Interim Adjustments _________________________________________________________________ 9
12. Family Information Provided to Owners _______________________________________________ 10
13. Violence Against Women (VAWA) and Department of Justice Reauthorization Act of 2005 _____ 10
PART II. HOUSING STANDARDS AND INSPECTIONS ______________________________________________ 14
1. Housing Quality Standards and Inspection Procedures ____________________________________ 14
2. Housing Quality Standards (Approval of Unit Size Family Selects) ___________________________ 15
3. Unit Size Selection by Family __________________________________________________________ 15
4. Occupancy Standards ________________________________________________________________ 16
5. Disapproval of Owner ________________________________________________________________ 16
6. Annual Re-examinations ______________________________________________________________ 16
7. Continued Assistance after Family Break-Up _____________________________________________ 17
PART III. SPECIAL HOUSING TYPES & STANDARDS ______________________________________________ 18
1. Single Room Occupancy (SRO) [Sec. 982.602] ____________________________________________ 18
2. Congregate Housing [Sec. 982.606 of 24 CFR 982] ________________________________________ 19
3. Group Home [Sec. 982.610] ____________________________________________________________ 20
4. Shared Housing [Sec. 982.615] _________________________________________________________ 23
5. Cooperative Housing [Sec. 982.619] ____________________________________________________ 24
6. Manufactured Home [Sec. 982.620] _____________________________________________________ 25
PART IV. RENT, UTILITY ALLOWANCE STANDARDS _____________________________________________ 28
1. Minimum Rent _______________________________________________________________________ 28
2. Rent Reasonableness - Housing Choice Voucher Program _________________________________ 28
3. Security Deposit _____________________________________________________________________ 28
4. Payments ___________________________________________________________________________ 28
5. Payment Standard and FMR ___________________________________________________________ 29
6. Contract Rent Adjustments ____________________________________________________________ 29
7. Utility Allowances ____________________________________________________________________ 29
8. Portability - Voucher Program _________________________________________________________ 29
PART V. TERMINATION & GRIEVANCES ____________________________________________________________ 30
1. Grounds for Denial or Termination of Assistance to Applicants and Participants _______________ 30
2. Termination of Tenancy _______________________________________________________________ 30
3. Grievance Procedures ________________________________________________________________ 30
4. Complaints and Appeals ______________________________________________________________ 32
5. Absence from Unit ___________________________________________________________________ 32
6. Restriction on the Number of Moves by a Participant Family ________________________________ 32
PART VI. PROGRAMS __________________________________________________________________________________ 34
1. Conversion HCV's ___________________________________________________________________ 34
2. HUD-VASH __________________________________________________________________________ 34
3. Supported Programs (SP) _____________________________________________________________ 39
4. Family Self-Sufficiency Program _______________________________________________________ 39
5. HCV Homeownership Program _________________________________________________________ 42
6. Homeownership Option 10 Year Asset Exclusion _________________________________________ 47
7. Project-Based Voucher Program _______________________________________________________ 48
PART VII. ADMINISTRATION & EVALUATION _____________________________________________________ 50
1. Responsibilities of the Paducah Section 8 Housing office __________________________________ 50
2. Program Management Roles ___________________________________________________________ 50
3. Outreach ___________________________________________________________________________ 52
4. Briefing Families, Issuing Housing Choice Vouchers ______________________________________ 52
5. Administrative Fee Reserve Expenditures _______________________________________________ 52
6. Monitoring Program Performance ______________________________________________________ 53
7. Purged Files ________________________________________________________________________ 53
8. Fair Housing Policy and Equal Opportunity Housing Plan __________________________________ 53
9. Limited English Proficient (LEP) Policy __________________________________________________ 54
10. Reduction of Families Due to Reduced Funding ________________________________________ 57
PART VIII. MANAGEMENT ASSESSMENT OBJECTIVES ___________________________________________ 58
APPENDIX: 2020 FAIR MARKET RATES AND INCOME LIMITS __________________________________ 59
_______________________________________________________________________________________ 59
APPENDIX: 2020 UTILITY ALLOWANCES __________________________________________________________ 60
1. Single-family / Manufactured Home _____________________________________________________ 60
2. Walk-up / Multi-family ________________________________________________________________ 61
3. Duplex / Townhouse _________________________________________________________________ 62
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
INTRODUCTION page 5
INTRODUCTION
Our goal is to provide in Paducah-McCracken County decent, safe and sanitary rental housing for
eligible families and to provide opportunities, promote self-sufficiency and economic independence for
Housing Choice Voucher (HCV), also known as Section 8, program participants.
To achieve this mission, we will:
Recognize residents as our ultimate customer
Through effective and efficient management
Seek problem-solving partnerships with residents, landlords, community and government
leadership
The purpose of this administrative plan is to establish guidelines for staff to follow in determining
eligibility for Housing Choice Voucher (Section 8) programs. The basic guideline for this plan is
governed by the requirements of the U.S. Department of Housing and Urban Development (HUD) with
latitude for local policies and
procedures. The policies and
procedures governing
admissions and continued
occupancy are outlined in the
plan and these requirements
are binding upon applicants,
residents, landlords and this
Public Housing Agency (PHA),
known as the Paducah
Section 8 Housing office.
Notwithstanding the above,
changes in applicable federal
law or regulations shall
supersede provisions in
conflict with this policy.
Federal Regulations shall
mean those found in Section
24 CFR (Code of Federal
Regulations).
Housing Choice Voucher (HCV) Program overview
In the Housing Choice Voucher (Section 8) program, the PHA pays monthly rental subsidies so that
eligible families can afford decent, safe, and sanitary housing. HUD provides housing assistance
funds to the PHA and funds the PHA to administer the program.
Under the HCV tenant-based program, families select and rent units that meet program housing
quality standards (HQS). If the PHA approves a family’s unit and tenancy, the PHA contracts with the
owner to make rent subsidy payments (housing assistance payments) (HAP) directly to the owner on
behalf of the family, on a monthly basis. The family enters into a lease with the owner and pays its
share of the rent to the owner in accordance with the lease.
The HAP contract between the PHA and the owner covers only a single unit and a specific assisted
family. If the family moves out of the leased unit, the HAP contract with the owner terminates. The
family may generally move to another unit with continued assistance, so long as the family is
complying with program requirements.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part I. ELIGIBILITY AND OBLIGATIONS page 6
Part I. ELIGIBILITY AND OBLIGATIONS
1. Eligibility Determination
The Paducah Section 8 office serves the residents of Paducah-McCracken County, Kentucky and will
use a simple pre-application form as suggested by HUD that will enable us to make a preliminary
determination of eligibility. Complete applications of eligible families (Family is described as: A person
or group of persons, as determined by the Paducah Section 8 Housing office consistent with 24 CFR
5.403, approved to reside in a unit with assistance under the program) will be arranged by date and
time of application.
Eligibility Criteria:
A. A qualifying family is described as:
The term ''family'' includes, but is not limited to the following, regardless of actual or
perceived sexual orientation, gender identity, or marital status:
1. A single person, who may be an elderly person, displaced person, disabled person,
near-elderly person or any other single person; or
2. A group of persons residing together and such group includes, but is not limited to:
a. A family with or without children (a child who is temporarily away from the home
because of placement in foster care is considered a member of the family);
b. An elderly family;
c. A disabled family;
d. A displaced family; and/or
e. The remaining member of a tenant family.
B. The applicant must be of a very low-income status as established by HUD reflecting 50% of
the median income. Annual income (gross income) is compared to income limits
published by the Federal Register.
2. Selection of Program Participants – Local Preferences
This PHA – Paducah Section 8 Housing office – will utilize the following weighted local preferences in
the classification of families and placement on the waiting list. Priority will be given utilizing a point
system and organized on the waiting list by time and date of application in the following order in
coordination with the income targeting criteria as follows:
A. (20 points) Eligible applicants referred by a partnering service organization (PIH Notice 2017-
08) who are or have been victims within the past year of domestic violence as defined and
outlined by "Violence Against Women and Department of Justice Reauthorization Act of 2005"
or current legislation regarding violence against women.
B. (15 points) Eligible applicants who are currently enrolled or enrolled to be full-time students
(minimum 12 credit hours per semester) at an institution of higher learning in pursuit of a
degree or specialty program and are seeking self-sufficiency.
C. (10 points) Federally Declared Disaster Families or locally displaced by governmental action
- A family displaced by a federally declared disaster. Housing Choice Voucher participants or
Public Housing residents from the disaster area will receive preference over non-assisted
disaster families.
D. (5 points) Previously assisted eligible families that have been terminated by the PHA due to
reduced federal funding.
E. (3 points) Working families (at least one person employed a minimum of 25 hours per week
or receiving an equivalent pay of minimum federal wage times 25 weekly), disabled or elderly
families and families certified for homeowner assistance.
F. All other eligible families followed by (G).
G. Single, non-elderly, non-disabled.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part I. ELIGIBILITY AND OBLIGATIONS page 7
3. Income Targeting Selection Criteria
A minimum of 75% of all new admissions during any fiscal year will have incomes at or below
30% of area median income as established by HUD and published in Federal Register.
4. Eligibility Exceptions (not eligible)
A. No person owing money to this Agency or any other federally funded housing program shall be
deemed eligible for a Section 8 Housing Assistance.
B. Applicants who were past participants in the Section 8 Program may be determined ineligible if
it is determined that the applicant either:
1. Failed to satisfy liability for unpaid rent or damages.
2. Vacated the unit in violation of their lease.
3. Failed to promptly and/or honestly supply information relating to income, allowable
deductions and family compensations.
4. Intentional and willfully abused the program.
5. Was abusive or threatening to Section 8 workers.
C. In determining whether or not an applicant shall be determined ineligible and in determining
the length of the ineligibility, the Program Administrator shall consider factors such as:
1. The seriousness of the offense.
2. The applicant's current attitude.
3. The length and time that has lapsed since the offense.
D. Applicants and current Section 8 participants will be deemed ineligible for Rental
Assistance because of family members that engage in drug-related criminal activities
on or off the premises.
E. This Agency will deny or terminate assistance based on the following:
1. The felonious manufacture, sale or distribution or the possession with intent to
manufacture, sell or distribute of a controlled substance [as defined in Section 102 of the
Controlled Substance Act (21U.S.C. 802)]
2. The felonious use or possession of a controlled substance.
3. Illegal drug use or pattern of illegal drug use that may interfere with the safety or welfare
of other tenants.
4. Abuse of alcohol or pattern of such abuse that may interfere with the safety or welfare of
other tenants.
5. Violent criminal activity includes any felonious criminal activity that has as one of its
elements, the use, attempted use, or threatened use of physical force against the person
or property of another. Felonious is described as criminal activity classified as a felony
under Federal, State or Local Laws.
6. Any criminal activity that threatens the safety or welfare of other residents.
7. Manufacture or producing of methamphetamine (will receive a lifetime ban)
8. Family member fleeing to avoid prosecution or custody or confinement after conviction for
a felony or high misdemeanor
9. Sex offenders subject to a lifetime sex offender registration
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part I. ELIGIBILITY AND OBLIGATIONS page 8
5. Considerations in Denials and Termination-
A. This Agency, Paducah Section 8 office, will deny or terminate assistance if the preponderance
of the evidence indicates that a Family member has engaged in such activity regardless of
whether the Family member has been arrested or convicted.
B. This Agency will consider all circumstances in each case i.e. seriousness of offense, extent of
Family member participation, effects of denial or termination on other Family members, etc.
C. This Agency shall give the applicant or participant an opportunity for an informal hearing
procedure.
D. This Agency will deny assistance to applicants who have been evicted from public housing or
terminated from assisted housing within the past 3 years for drug related activities, except for
the manufacture or producing of methamphetamine on the premise of the assisted unit which
will permanently deny eligibility for assisted housing.
6. Criminal Background Checks
Each applicant will be screened for criminal conviction records by reviewing police, court records,
probation and parole records and/or landlord references. These records will be used only for
applicant screening and termination purposes and will be destroyed once the purpose of their use
is completed.
Applicants rejected because of criminal records will be given a copy of the record and opportunity
to dispute its accuracy and relevance.
7. Citizenship and Eligible Immigration Status
Paducah Section 8 Housing office will obtain and verify evidence of citizenship and eligible
immigration status as required by HUD regulations implementing statutory restrictions on assisted
occupancy by certain noncitizens.
8. Verifying Income and Determining & Gross Family Contribution
A. Paducah Section 8 Housing office will verify income and gross family contribution as follows:
1. PIH Enterprise Income Verification System (EIV) to be utilized per HUD regulations in
24CFR 5.233 1
2. Third party verification
3. Review documents
4. Notarized statements and/or self-declaration of attributed income
B. Assets up to $5,000.00 may be self-verified with a self-declaration statement.
C. VASH participant’s income may be verified by the Housing Inquiry statement (HINQ) as
provided by our partner VA office.
D. Every calculation will be checked by another staff member and spot checked by the
Administrator at random intervals.
9. Social Security and Supplemental Security Income Verification
Paducah Section 8 Housing office will require verification of SS and SSI income from each
applicable participant and applicant by the provision of documents that indicate benefit amounts.
Upon receipt of SS/SSI Benefit History Report from HUD, we will review the applicable tenant
income history and notify the tenant of any discrepancy found that would adversely affect the
amount of housing assistance provided. The tenant will be given an opportunity to contest the
findings through the normal informal hearing process.
1 As per Notice PIH 2018-18 Use of EIV system
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part I. ELIGIBILITY AND OBLIGATIONS page 9
If after verifying that tenants received excessive housing assistance by not reporting all of their
income, the Paducah Section 8 Housing office will use various enforcement actions depending on
the cost and benefits of the technique selected. Options selected include, but are not limited to:
Immediate Restitution
Repayment Agreement
Retroactive Rent
Garnishment of Wages
Prosecution
Termination of Assistance
The Paducah Section 8 Housing office will use a confessed judgment note when immediate
restitution or repayment agreement action is instituted.
All Tenant Income Discrepancy Reports used as a control for recording resolution of SS/SSI
income differences will be maintained for two years and destroyed.
10. Family Obligations
The family shall:
Notify the Paducah Section 8 Housing office BEFORE vacating the dwelling unit.
Supply such certification, release information or documentation as PHA or HUD
determines to be necessary in the administration of the program including use by the PHA
for a regularly scheduled re-examination of family income and composition in accordance
with HUD requirements.
Allow the Paducah Section 8 Housing office to inspect the dwelling unit at reasonable
times and after reasonable notice.
Use the dwelling unit solely for a residence by the family, and as the family's principal
place of residence.
REPORT ANY CHANGES of family composition, increases or decreases in medical
(elderly) or child care expenses, increases or decreases in family income.
The family shall not:
Own or have any interest in the dwelling unit (other than in a manufactured home assisted
under regulations or a member of a cooperative).
Assign the lease or transfer the unit.
Commit any fraud in connection with the Section 8 Housing Program.
Receive assistance under the Section 8 Housing Program while occupying or receiving
assistance for occupancy of another unit assisted under any Federal Housing Assistance
Program (including any other Section 8 Program).
11. Interim Adjustments
Families participating in the Housing Choice Voucher Program as well as the Paducah Section 8
Housing office are required to report any changes of family composition, increases or decreases
in medical (elderly) or child care expenses, increases or decreases in family income during each
contract year as they occur. The EIV system will be utilized at each interim adjustment to
determine income discrepancies. The tenant is required to reimburse the PHA for the difference
between the tenant rent that should have been paid and the tenant rent that was charged.2
2 Required by Notice PIH 2018-18 (#16)
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part I. ELIGIBILITY AND OBLIGATIONS page 10
12. Family Information Provided to Owners
Paducah Section 8 Housing office will provide the following information to owners (upon request)
regarding a prospective tenant:
The family's current address
The name and address (if known) of the family's present landlord
Information known about tenancy's history of family members including documented drug
or violent criminal activity by family members.
Paducah Section 8 Housing office will provide families a statement of policy on the
provision of information to owners. The same type of information will be provided to all
owners and families.
13. Violence Against Women (VAWA) and Department of Justice Reauthorization
Act of 2005
On January 5, 2006, President Bush signed into law the "Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162). The law became
effective that same day. In addition to reauthorizing many programs at the Department of Justice,
the bill reauthorizes and expands provisions of the Violence Against Women Act (VAWA), which
was originally enacted in 1994.
The law defines domestic violence as "felony or misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabitated with the victim as a spouse, by a
person similarly situated to a spouse of the victim under the domestic or family violence laws of
the jurisdiction receiving grant monies, or by any other adult person against a victim who is
protected from that person's acts under the domestic or family violence laws of the jurisdiction
receiving grant monies." Dating violence, sexual assault, and stalking are included in the definition
of domestic violence.
The most significant affect the law has on Section 8 participants and applicants for rental
assistance is that an individual's status as a victim of domestic violence, dating violence, sexual
assault or stalking is NOT an appropriate basis for denial of assisted housing. The new law does
NOT change existing eligibility and continuing occupancy requirements.
Domestic Violence victims must still otherwise qualify for admission to and continuing participation
in assisted housing programs.
This PHA, Paducah Section 8 office, is committed to these victims, as well as members of their
immediate family, and to compliance with the VAWA law and will expand the applicant preference
include victims of dating violence, sexual assault and stalking. The PHA will require a certification
as to the incident(s). See FORM HUD-5382.
This PHA, Paducah Section 8 office, shall keep all information and certification(s) obtained by the
PHA about a victim's status confidential. The information will not be entered into any shared
database or provided to any related entity. However, the PHA may disclose the information if the
victim requests or consents to the disclosure in writing; the information is required for use in
termination proceedings related to whether the incident or incidents in question qualify as a
serious or repeated violation of the lease or criminal activity directly relating to domestic violence,
dating violence or stalking; or is otherwise required by law.
The following offenses are grounds for denial or termination of assistance for applicant/participant:
a. Criminal activity directly relating to domestic violence, dating violence, sexual assault, or
stalking, engaged in by a member of a tenant's household or any guest or other person under
the tenant's control, shall not be cause for termination of the tenancy or occupancy rights, if
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part I. ELIGIBILITY AND OBLIGATIONS page 11
the tenant or immediate member of the tenant's family is a victim of that domestic violence,
dating violence, sexual assault or stalking;
b. Notwithstanding subparagraph a above, a PHA or owner under this section may bifurcate a
lease under this section, in order to evict, remove, or terminate assistance to any individual
who is a tenant or lawful occupant and who engages in criminal acts of physical violence
against family members or others, without evicting, removing, terminating assistance to, or
otherwise penalizing the victim of such violence who is also a tenant or lawful occupant;
c. Nothing in subparagraph a may be construed to limit the authority of a PHA or owner, when
notified, to honor court orders addressing rights of access to or control of the property,
including civil protection orders issued to protect the victim and issued to address the
distribution or possession of property among the household members in cases where a family
breaks up;
d. Nothing in subparagraph a limits any otherwise available authority of a PHA to terminate
participant assistance for any violation of a lease not premised on the act or acts of violence in
question against the tenant or a member of the tenant's household, provided that the PHA
does not subject an individual who is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking to a more demanding standard than other tenants in
determining whether to evict or terminate;
e. Nothing in paragraph a may be construed to limit the authority of a PHA or owner to terminate
the tenancy of any tenant if the PHA or owner can demonstrate an actual and imminent threat
to other tenants or those employed at or providing service to the property if that tenant' s
tenancy is not terminated; and
f. Nothing is this section shall be construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this section for victims of domestic violence,
dating violence, sexual assault, or stalking.
g. The PHA shall not terminate or refuse to renew the voucher due to an incident or incidents of
actual or threatened domestic violence, dating violence, or stalking. These incidents will not be
construed as a serious or repeated violation of the Housing Choice Voucher program by the
victim or threatened victim of that violence and will not be good cause for terminating the
Voucher of the victim of such violence.
* * * * *
CERTIFICATION OF DOMESTIC
VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE
DOCUMENTATION
U.S. Department of Housing
and Urban Development
FORM HUD-5382
OMB APPROVAL NO. 2577-0286
EXP. 06/30/2017
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and
program participants in certain HUD programs from being evicted, denied housing assistance, or
terminated from housing assistance based on acts of domestic violence, dating violence, sexual
assault, or stalking against them. Despite the name of this law, VAWA protection is available to
victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender
identity, or sexual orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider,
your housing provider may give you a written request that asks you to submit documentation about
the incident or incidents of domestic violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and
submit it to your housing provider, or you may submit one of the following types of third-party
documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an
attorney, or medical professional, or a mental health professional (collectively, “professional”)
from whom you have sought assistance relating to domestic violence, dating violence, sexual
assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury,
that the professional believes the incident or incidents of domestic violence, dating violence,
sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating
violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant
or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days
from the date that you receive a written request from your housing provider asking that you provide
documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking.
Your housing provider may, but is not required to, extend the time period to submit the
documentation, if you request an extension of the time period. If the requested information is not
received within 14 business days of when you received the request for the documentation, or any
extension of the date provided by your housing provider, your housing provider does not need to
grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a
written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of
domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such
details shall not be entered into any shared database. Employees of your housing provider are not
to have access to these details unless to grant or deny VAWA protections to you, and such
employees may not disclose this information to any other entity or individual, except to the extent
that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in
an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by
applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
1. Date the written request is received by victim:
2. Name of victim:
3. Your name: (if different from victim’s)
4. Name(s) of other family member(s) listed on the lease:
5. Residence of victim:
6. Name of the accused perpetrator:
(if known and can be safely
disclosed)
7. Relationship of the accused
perpetrator to the victim:
8. Date(s) and times(s) of incident(s): (if known)
9. Location of incident(s):
10. In your own words, briefly describe the incident(s):
This is to certify that the information provided on this form is true and correct to the best of my
knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of
domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of
false information could jeopardize program eligibility and could be the basis for denial of admission,
termination of assistance, or eviction.
Signature: Date signed:
Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour
per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be
used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating
violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency
may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office
of Management and Budget control number. FORM HUD-5382 (12/2016)
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part II. HOUSING STANDARDS AND INSPECTIONS page 14
Part II. HOUSING STANDARDS AND INSPECTIONS
1. Housing Quality Standards and Inspection Procedures
Each housing unit occupied by an assisted participant under this Program must meet Housing Quality
Standards. This will be determined by the use of HUD Inspection Form 52580.
An inspection will be performed on each prospective unit within 15 calendar days following request,
unless extenuating circumstances are present. The Paducah Section 8 office shall inspect assisted
dwelling units under contract not less than biennially if the unit passed its inspection without a revisit.
If the unit has failed an inspection, the Paducah Section 8 office may inspect the unit annually.
To maximize efficiency and ensure an acceptable level of service, the Paducah Section 8 office may
assign inspections to be conducted by staff or a contracted inspector that is trained to conduct such
inspections in accordance with HQS.
It is the intent of this Agency to assure that each unit meets performance and acceptability
requirements in order to meet the requirement of decent, safe, and sanitary housing. This will be
achieved by adhering to quality control guidelines set forth in HUD Inspection Manual and following
inspection procedures:
The Inspector receives a request for inspection from the Paducah Section 8 office. The inspection
request might be for:
A. Pre-lease inspection.
The Program Administrator may have a tenant who has a unit that is questionable under the
Section 8 Program and may want a pre-lease inspection made. The Program Administrator will
make an appointment with the tenant and landlord to conduct a pre-lease inspection using the
Housing Quality Standards.
The Section 8 Program Administrator and Inspector must follow the Housing Quality Standards
with special regard to the plumbing and electrical systems. When inspecting a unit the Inspector
will look beyond the obvious new cosmetic remodeling. A unit may look clean and nicely
decorated but present subliminal health and safety guard.
B. Initial Inspections.
The Program Administrator or Inspector fill in the initial information on the inspection sheet and
contact the tenant to schedule the inspection. The Housing Quality Standards and local codes
must be met to insure the unit is decent, safe and sanitary.
While conducting the inspection it is the responsibility of the Inspector to note the unit's present
condition listing any deficiencies that need correction.
After the inspection is completed, the unit will be classified as one of the following:
1. Approved.
2. Conditionally Approved, contingent upon repairing the identified deficiencies within a
specified time.
3. Unapproved.
C. Re-exam Inspection.
Paducah Section 8 Housing office will conduct an inspection of a client's unit to determine that the
dwelling continues to meet the approved standards. When a tenant is up for a re-examination
inspection, the Paducah Section 8 Housing office will notify the resident and landlord to schedule
an inspection. The procedure for this inspection uses the same guidelines as an Initial Inspection.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part II. HOUSING STANDARDS AND INSPECTIONS page 15
D. Follow-up Inspection.
If a unit has been inspected and is conditionally approved, contingent upon seasonal repairs (e.g.
painting exterior of unit in adverse weather conditions), the landlord is given a due date in which to
complete the identified deficiencies.
After the repair due date has expired, a follow-up inspection is made. If the repairs have been
completed and are acceptable, the Inspector will classify the unit as approved. If the repairs are in
progress, an extension of time may be given at the discretion of the Inspector. The Inspector will
consider the degree of progress and the quality of the work at that point.
If repairs have not been initiated, the owner will be in Violation of their Contract with Paducah
Section 8 Housing office and will be notified of the termination of Contract. The resident will be
issued another Voucher to find housing elsewhere within 60 days.
E. Move-Out Inspections.
When a tenant leaves a unit that is under Contract with the Paducah Section 8 Housing office,
whether it is due to transfer to another unit, termination of the lease, skip out, or an eviction, an
optional move-out inspection may be requested by the landlord or tenant. The Paducah Section 8
office will write-up the inspection sheet and contact the tenant and/or landlord to schedule the
inspection. The inspector will conduct the inspection. Notations are made on the move-out form
and compared to the HUD Inspection Booklet, the Program Administrator's move-in sheet, and
any follow-up comments in the tenant's file. This comparison guards against tenants being
charged for any damage that was incurred from previous occupants.
The Section 8 Program Administrator and Inspector after each inspection make copies of the
report for the Section 8 file, the tenant file, and for the landlord records. In cases where the units
are acceptable contingent upon repairs, a cover letter including the tenant's name, the due date
for completion of repairs and the Program Administrator's and Inspector's names are attached to
the landlord's inspection report. The lease is the negotiated while the deficiencies are being
repaired.
When a unit is declared unacceptable, the Program Administrator and the Inspectors determine
structural and/or major repairs that are required to make the unit decent, safe, and sanitary. The
unit must comply with the Housing Quality Standards before the lease and contract can be
negotiated.
2. Housing Quality Standards (Approval of Unit Size Family Selects)
A. Unit must provide adequate space and security for the family (minimum standards).
B. Unit must contain a living room, kitchen area, and a bathroom.
C. Must be at least one bedroom or living/sleeping room of appropriate size for each two persons.
D. A single parent with a child under the age of six (6) may share the same bedroom.
E. Exterior doors and windows accessible from outside unit must be lockable.
F. PHA may not prohibit family from renting unit with fewer bedrooms than number on Voucher
as long as it meets regular HQS requirements.
3. Unit Size Selection by Family
Voucher holders may select a larger unit than listed on the voucher; however
a. Family subsidy will be based on the applicable payment standard for which the family is
eligible, not to exceed a tenant payment greater than 40% of the tenant’s adjusted income.
b. Utility allowance is given for the actual unit size selected.
Vouchers may select smaller unit than listed on voucher.
a. Unit must meet HQS space standards.
b. Subsidy would be based on unit size for which the family is eligible.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part II. HOUSING STANDARDS AND INSPECTIONS page 16
c. Utility allowance is given for the actual unit size selected.
4. Occupancy Standards
A. Policies and procedures of the PHA: Applications will be taken and eligibility determined by
Paducah Section 8 Housing office, following notices through the news media of the availability
of housing assistance for eligible families. Applications will be processed on a first-come, first-
serve basis following selection procedures (see Section 3) without regard to age, race, color,
national origin, religion, sex, familial status, disability, sexual orientation or gender identity.
Eligibility will be certified to families in conformance with the following:
Standards Used to Issue Housing Choice Vouchers
Certification Size Minimum Maximum
0 Bedroom 1 person 1 person
1 Bedroom 1 person 2 people
2 Bedrooms 2 people 4 people
3 Bedrooms 4 people 6 people
4 Bedrooms 6 people 8 people
Standards Used to Determine Acceptability of Unit
Size
Unit Size Minimum Occupancy Assuming Living
Room Used as Living/Sleeping Area
0 Bedroom 1 person
1 Bedroom 4 people
2 Bedrooms 6 people
3 Bedrooms 8 people
4 Bedrooms 10 people
B. Occupancy Standards Exceptions: Applicants may be given an exception to the established
occupancy standards if determination is justified by the age, sex, health, disability, or
relationship of family members or other individual circumstances. An exception will be
considered if the applicant requests in writing stating the reasons and justification of such an
exception based on the above factors. The Director of Planning will make the final
determination of occupancy exceptions and document each case accordingly.
5. Disapproval of Owner
Paducah Section 8 Housing office will disapprove owner participation based on (1) owner history of
failing to terminate tenancy for drug related or violent criminal activity or other threatening activity (2)
owner engaging in drug related or violent criminal activity.
6. Annual Re-examinations
All families will be re-examined at least annually to determine if they will continue to receive
assistance and to recalculate total tenant payment and assistance payments. The family is required to
provide verification of family income, composition, medical expenses (elderly), and unusual expenses.
The recalculation of Housing Assistance Payments will be performed following the applicable method
of the program. Any increase or decrease in the family's portion of rental payments will be calculated
and notice will be sent to the landlord and participant in writing before the effective date of change.
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Part II. HOUSING STANDARDS AND INSPECTIONS page 17
7. Continued Assistance after Family Break-Up
Paducah Section 8 Housing office shall determine which family members will continue to receive
assistance after a family break-up. The head of household, spouse or any adult member of the
household must notify the Paducah Section 8 Housing office that there has been a family break-up
and continued assistance is being requested. The assisted family member making the request must
submit the request in writing to the Paducah Section 8 Housing office and request a determination.
The request must be made within 10 calendar days of the break-up. The PHA will consider the
following factors in making this determination:
Assisted Unit: Whether the assistance should remain with family members remaining in the
original assisted unit.
Interest of Family Members: The interest of minor children or of ill, elderly or disabled family
members.
Physical Violence: Whether family members are forced to leave the unit as a result or actual or
threatened physical violence against family members by a spouse or other member of the
household.
Paducah Section 8 Housing office will issue a determination within 10 calendar days of receipt of the
request for a determination. The person requesting the determination may request an Informal
Hearing in accordance with the PHA established procedures if they disagree with the determination of
the Paducah Section 8 Housing office.
NOTICE - If a court determines the disposition of property between members of the assisted
family in a divorce or separation under a settlement or judicial decree, the Paducah Section 8
Housing office is bound by the court's determination of which family members continue to
receive assistance in the program.
* * * * *
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Part III. SPECIAL HOUSING TYPES & STANDARDS page 18
Part III. SPECIAL HOUSING TYPES & STANDARDS
Overview
A. Special housing types. There are 6 special housing types:
Single room occupancy (SRO) housing
Congregate housing
Group home
Shared housing
Cooperative (including mutual housing)
Manufactured home
B. PHA choice to offer special housing type. The PHA may permit a family to use any of the
following special housing types in accordance with requirements of the program: single room
occupancy housing, congregate housing, group home, shared housing or cooperative housing.
In general, the PHA is not required to permit use of any of these special housing types in its
program. The PHA must permit use of any special housing type if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
disabilities in accordance with 24 CFR part 8.
C. Family choice of housing and housing type. The PHA may not set aside program funding for
special housing types, or for a specific special housing type. The family chooses whether to
rent housing that qualifies as a special housing type under this subpart, or as any specific
special housing type, or to rent other eligible housing in accordance with requirements of the
program. The PHA may not restrict the family's freedom to choose among available units in
accordance with Sec. 982.353.
D. Applicability of requirements. Except as modified by this section, requirements in the other
sections of this plan apply to the special housing types. Provisions in this section only apply to
that specific special housing type. The housing type is noted in the title of each section.
1. Single Room Occupancy (SRO) [Sec. 982.602]
A single person only may reside in an SRO housing unit. The SRO housing unit may only be
used if:
HUD determines there is significant demand for SRO units in the area;
The PHA approves providing assistance for SRO housing under the program; and
The PHA certifies to HUD that the property meets applicable local health and safety
standards for SRO housing.
For SRO housing, there is a separate lease and HAP contract for each assisted person.
Payment standard. For a person residing in SRO housing, the payment standard is 75
percent of the zero-bedroom payment standard amount on the PHA payment standard
schedule. For a person residing in SRO housing in an exception area, the payment standard is
75 percent of the HUD-approved zero-bedroom exception payment standard amount.
The utility allowance for an assisted person residing in SRO housing is 75 percent of the zero
bedroom utility allowance.
HQS standards for SRO. The HQS in this plan apply to SRO housing. However, the
standards in this section apply in place of the sanitary facilities, food preparation and refuse
disposal, and space and security standards. Since the SRO units will not house children, the
housing quality standards concerning lead-based paint, do not apply to SRO housing.
SRO Performance requirements. SRO housing is subject to the additional performance
requirements for sanitary facilities, space and security, access, and sprinkler system standards
below.
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Sanitary facilities in an SRO, and space and security characteristics must meet local code
standards for SRO housing. In the absence of applicable local code standards for SRO
housing, the following standards apply:
At least one flush toilet that can be used in privacy, lavatory basin, and bathtub or
shower, in proper operating condition, must be supplied for each six persons or fewer
residing in the overall SRO housing.
If SRO units are leased only to males, flush urinals may be substituted for not more
than one-half the required number of flush toilets. However, there must be at least one
flush toilet in the building.
Every lavatory basin and bathtub or shower must be supplied at all times with an
adequate quantity of hot and cold running water.
All of these facilities must be in proper operating condition, and must be adequate for
personal cleanliness and the disposal of human waste. The facilities must utilize an
approvable public or private disposal system.
Sanitary facilities must be reasonably accessible from a common hall or passageway
to all persons sharing them. These facilities may not be located more than one floor
above or below the SRO unit. Sanitary facilities may not be located below grade unless
the SRO units are located on that level.
Space and security requirements in an SRO.
No more than one person may reside in an SRO unit.
An SRO unit must contain at least one hundred ten square feet of floor space.
An SRO unit must contain at least four square feet of closet space for each resident
(with an unobstructed height of at least five feet). If there is less closet space, space
equal to the amount of the deficiency must be subtracted from the area of the habitable
room space when determining the amount of floor space in the SRO unit. The SRO
unit must contain at least one hundred ten square feet of remaining floor space after
subtracting the amount of the deficiency in minimum closet space.
Exterior doors and windows accessible from outside an SRO unit must be lockable.
Access requirements in an SRO.
Access doors to an SRO unit must have locks for privacy in proper operating condition.
An SRO unit must have immediate access to two or more approved means of exit,
appropriately marked, leading to safe and open space at ground level, and any means
of exit required by State and local law.
The resident must be able to access an SRO unit without passing through any other
unit.
Sprinkler system requirements in an SRO.
A sprinkler system that protects all major spaces, hard wired smoke detectors, and such other
fire and safety improvements as State or local law may require must be installed in each
building. The term "major spaces" means hallways, large common areas, and other areas
specified in local fire, building, or safety codes.
2. Congregate Housing [Sec. 982.606 of 24 CFR 982]
An elderly person or a person with disabilities may reside in a congregate housing unit.
However, if approved by the PHA, a family member or live-in aide may reside with the elderly
person or person with disabilities. The PHA must approve a live-in aide if needed as a
reasonable accommodation so that the program is readily accessible to and usable by persons
with disabilities. Additional standards apply concerning occupancy by a live-in aide.
For congregate housing, there is a separate lease and HAP contract for each assisted family.
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Rent and housing assistance payment.
Without a live-in aide:
For a family residing in congregate housing, the payment standard is the zero-bedroom
payment standard amount on the PHA payment standard schedule. For a family residing in
congregate housing in an exception area, the payment standard is the HUD-approved
zero-bedroom exception payment standard amount.
However, if there are two or more rooms in the unit (not including kitchen or sanitary
facilities), the payment standard for a family residing in congregate housing is the one-
bedroom payment standard amount.
With a live-in aide, the live-in aide must be counted in determining the family unit size.
Housing quality standards for congregate housing. Sec. 982.609
The HQS in this plan apply to congregate housing. However, the standards in this section
apply in place of the food preparation and refuse disposal standards. Congregate housing is
not subject to the HQS acceptability requirement that the dwelling unit must have a kitchen
area.
Food preparation and refuse disposal: Additional performance requirements. The following
additional performance requirements apply to congregate housing:
a. The unit must contain a refrigerator of appropriate size.
b. There must be central kitchen and dining facilities on the premises. These facilities:
Must be located within the premises, and accessible to the residents;
Must contain suitable space and equipment to store, prepare, and serve food in a
sanitary manner;
Must be used to provide a food service that is provided for the residents, and that is
not provided by the residents; and (iv) Must be for the primary use of residents of
the congregate units and be sufficient to accommodate the residents.
c. There must be adequate facilities and services for the sanitary disposal of food waste
and refuse, including facilities for temporary storage where necessary.
3. Group Home [Sec. 982.610]
An elderly person or a person with disabilities may reside in a State-approved group home.
(a) If approved by the PHA, a live-in aide may reside with a person with disabilities.
(b) The PHA must approve a live-in aide if needed as a reasonable accommodation so
that the program is readily accessible to and usable by persons with disabilities in
accordance with additional standards concerning occupancy by a live-in aide.
Except for a live-in aide, all residents of a group home, whether assisted or unassisted, must
be elderly persons or persons with disabilities.
Persons residing in a group home must not require continual medical or nursing care.
Persons who are not assisted under the tenant-based program may reside in a group home.
No more than 12 persons may reside in a group home. This limit covers all persons who
reside in the unit, including assisted and unassisted residents and any live-in aide.
For assistance in a group home, there is a separate HAP contract and lease for each assisted
person.
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A group home must be licensed, certified, or otherwise approved in writing by the State (e.g.,
Department of Human Resources, Mental Health, Retardation, or Social Services) as a group
home for elderly persons or persons with disabilities.
Rent and housing assistance payment.
Meaning of pro-rata portion. For a group home, the term ''pro-rata portion," means the ratio
derived by dividing the number of persons in the assisted household by the total number of
residents(assisted and unassisted) residing in the group home. The number of persons in the
assisted household equals one assisted person plus any PHA-approved live-in aide.
Rent to owner: Reasonable rent limit. The rent to owner for an assisted person may not
exceed the pro-rata portion of the reasonable rent for the group home.
The reasonable rent for a group home is determined in accordance with Sec. 982.503. In
determining reasonable rent for the group home, the Paducah Section 8 Housing office must
consider whether sanitary facilities, and facilities for food preparation and service, are common
facilities or private facilities.
Unless there is alive-in aide, the family unit size is zero or one bedroom.
If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
The payment standard for a person who resides in a group home is the lower of:
The payment standard for the family unit size; or
The pro-rata portion of the payment standard for the group home size.
Over-FMR tenancy: Payment standard. For an over-FMR tenancy, the payment standard for a
person who resides in a group home is the lower of:
The FMR/exception rent limit for the family unit size; or
The pro-rata portion of the FMR/exception rent limit for the group home size.
Utility allowance in a Group Home. The utility allowance for each assisted person residing in
a group home is the pro-rata portion of the utility allowance for the group home unit size.
Housing quality standards in a Group Home. Sec. 982.614
Compliance with HQS. The Paducah Section 8 Housing office may not give approval to reside
in a group home unless the unit, including the portion of the unit available for use by the
assisted person under the lease, meets the following housing quality standards.
The HQS in this plan apply to apply to assistance in a group home. However, the standards in
this section apply in place of the sanitary facilities, food preparation and refuse disposal, space
and security, structure and materials, and site and neighborhood.
The entire unit must comply with the HQS.
Group Home performance requirements. Group home housing is subject to the additional
performance requirements for sanitary facilities, food preparation and service, space and
security, structure and material, and site and neighborhood:
Sanitary facilities in a Group Home
o There must be a bathroom in the unit. The unit must contain, and an assisted resident
must have ready access to:
A flush toilet that can be used in privacy;
A fixed basin with hot and cold running water; and
A shower or bathtub with hot and cold running water.
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o All of these facilities must be in proper operating condition, and must be adequate for
personal cleanliness and the disposal of human waste. The facilities must utilize an
approvable public or private disposal system.
o The unit may contain private or common sanitary facilities. However, the facilities must
be sufficient in number so that they need not be shared by more than four residents of
the group home.
o Sanitary facilities in the group home must be readily accessible to and usable by
residents, including persons with disabilities.
Food preparation and service in a Group Home
The unit must contain a kitchen and a dining area. There must be adequate space to
store, prepare, and serve foods in a sanitary manner.
Food preparation and service equipment must be in proper operating condition. The
equipment must be adequate for the number of residents in the group home. The unit
must contain the following equipment:
A stove or range, and oven;
A refrigerator; and
A kitchen sink with hot and cold running water. The sink must drain into an
approvable public or private disposal system.
There must be adequate facilities and services for the sanitary disposal of food
waste and refuse, including facilities for temporary storage where necessary.
The unit may contain private or common facilities for food preparation and service.
Space and security.
The unit must provide adequate space and security for the assisted person.
The unit must contain a living room, kitchen, dining area, bathroom, and other
appropriate social, recreational or community space. The unit must contain at
least one bedroom of appropriate size for each two persons.
Doors and windows that are accessible from outside the unit must be lockable.
Structure and material for a Group Home
The unit must be structurally sound to avoid any threat to the health and safety of the
residents, and to protect the residents from the environment.
Ceilings, walls, and floors must not have any serious defects such as severe bulging or
leaning, loose surface materials, severe buckling or noticeable movement under
walking stress, missing parts or other significant damage. The roof structure must be
firm, and the roof must be watertight. The exterior or wall structure and exterior wall
surface may not have any serious defects such as serious leaning, buckling, sagging,
cracks or large holes, loose siding, or other serious damage. The condition and
equipment of interior and exterior stairways, halls, porches, walkways, etc., must not
present a danger of tripping or falling. Elevators must be maintained in safe operating
condition.
The group home must be accessible to and usable by a resident with disabilities.
Site and neighborhood for a Group Home.
The site and neighborhood must be reasonably free from disturbing noises and
reverberations and other hazards to the health, safety, and general welfare of the
residents. The site and neighborhood may not be subject to serious adverse
environmental conditions, natural or manmade, such as dangerous walks or steps,
instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mud
slides, abnormal air pollution, smoke or dust, excessive noise, vibrations or vehicular
traffic, excessive accumulations of trash, vermin or rodent infestation, or fire hazards.
The unit must be located in a residential setting.
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Part III. SPECIAL HOUSING TYPES & STANDARDS page 23
4. Shared Housing [Sec. 982.615]
Sharing a unit. An assisted family may reside in shared housing. In shared housing, an
assisted family shares a unit with the other resident or residents of the unit. The unit may be a
house or an apartment.
Who may share a dwelling unit with assisted family?
a. If approved by the PHA, a live-in aide may reside with the family to care for a person
with disabilities. The PHA must approve a live-in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons
with disabilities in accordance with 24 CFR part 8. See Sec. 982.316 concerning
occupancy by a live-in-aide.
b. Other persons who are assisted under the tenant-based program, or other persons
who are not assisted under the tenant-based program, may reside in a shared housing
unit.
c. The owner of a shared housing unit may reside in the unit. A resident owner may enter
into a HAP contract with the PHA. However, housing assistance may not be paid on
behalf of an owner. An assisted person may not be related by blood or marriage to a
resident owner.
For assistance in a shared housing unit, there is a separate HAP contract and lease for each
assisted family.
Rent and housing assistance payment for shared housing - Sec. 982.617
Meaning of pro-rata portion. For shared housing, the term ''pro-rata portion" means the ratio
derived by dividing the number of bedrooms in the private space available for occupancy by a
family by the total number of bedrooms in the unit. For example, for a family entitled to occupy
three bedrooms in a five bedroom unit, the ratio would be 3/5.
Rent to owner: Reasonable rent.
The rent to owner for the family may not exceed the pro-rata portion of the reasonable rent for
the shared housing dwelling unit.
(b) The reasonable rent is determined in accordance with Sec. 982.503.
Maximum subsidy.
Voucher Tenancy: The payment standard is the lower of:
The payment standard for the family unit size; or
The pro-rata portion of the payment standard for the shared housing unit size.
Live-in aide. If there is a live-in aide, the live-in aide must be counted in determining the family
unit size.
Utility allowance for shared housing
The utility allowance for an assisted family residing in shared housing is the prorate
portion of the utility allowance for the shared housing unit.
Housing quality standards for shared housing - Sec. 982.618
Compliance with HQS. The PHA may not give approval to reside in shared housing
unless the entire unit, including the portion of the unit available for use by the assisted
family under its lease, meets the housing quality standards.
Applicable HQS standards. The HQS in Sec.982.401 apply to assistance in shared
housing. However, the HQS standards in this section apply in place of Sec. 982.40l(d)
(space and security).
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Facilities available for family. The facilities available for the use of an assisted family in
shared housing under the family's lease must include (whether in the family's private
space or in the common space) a living room, sanitary facilities in accordance with
Sec. 982.401(b), and food preparation and refuse disposal facilities in accordance with
Sec.982.401(c).
Space and security Performance requirements for shared housing
The entire unit must provide adequate space and security for all its residents (whether
assisted or unassisted).
Each unit must contain private space for each assisted family, plus common space for
shared use by the residents of the unit. Common space must be appropriate for shared
use by the residents.
The private space for each assisted family must contain at least one bedroom for each
two persons in the family. The number of bedrooms in the private space of an assisted
family may not be less than the family unit size.
A zero or one bedroom unit may not be used for shared housing.
5. Cooperative Housing [Sec. 982.619]
When cooperative housing may be used. A family may reside in cooperative housing if the
PHA determines that:
Assistance under the program will help maintain affordability of the cooperative unit for
low-income families; and
The cooperative has adopted requirements to maintain continued affordability for low-
income families after transfer of a cooperative member's interest in a cooperative unit
(such as a sale of the resident's share in a cooperative corporation).
Rent to owner.
The reasonable rent for a cooperative unit is determined in accordance with Sec. 982.503. For
cooperative housing, the rent to owner is the monthly carrying charge under the occupancy
agreement/lease between the member and the cooperative.
The carrying charge consists of the amount assessed to the member by the cooperative for
occupancy of the housing. The carrying charge includes the member's share of the
cooperative debt service, operating expenses, and necessary payments to cooperative
reserve funds. However, the carrying charge does not include down-payments or other
payments to purchase the cooperative unit, or to amortize a loan to the family for this purpose.
Gross rent is the carrying charge plus any utility allowance.
The occupancy agreement/lease and other appropriate documents must provide that the
monthly carrying charge is subject to Section 8 limitations on rent to owner.
Housing assistance payment. The amount of the housing assistance payment is
determined in accordance with subpart K of this part.
Live-in aide.
If approved by the PHA, a live-in aide may reside with the family to care for a person with
disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation
so that the program is readily accessible to and usable by persons with disabilities in
accordance with 24 CFR part 8. See Sec. 982.316 concerning occupancy by a live-in aide.
If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
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6. Manufactured Home [Sec. 982.620]
Applicability of HUD requirements.
A family may reside in a manufactured home with assistance under the program. The PHA
must permit a family to lease a manufactured home and space with assistance under the
program. The PHA may provide assistance for a family that owns the manufactured home and
leases only the space. The PHA is not required to provide such assistance under the program.
The HQS in Sec. 982.621 always apply when assistance is provided to a family occupying a
manufactured home. Sections 982.622 to 982.624 only apply when assistance is provided to a
manufactured home owner to lease a manufactured home space.
Live-in aide.
If approved by the PHA, a live-in aide may reside with the family to care for a person
with disabilities. The PHA must approve a live-in aide. if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons
with disabilities in accordance with 24 CFR part 8. See Sec. 982.316 concerning
occupancy by a live-in aide.
If there is a live-in aide, the live-in aide must be counted in determining the family unit
size.
Housing quality standards for a manufactured home - Sec. 982.621
A manufactured home must meet all the HQS performance requirements and acceptability
criteria in Sec. 982.401. A manufactured home also must meet the following requirements:
(1) Performance requirement. A manufactured home must be placed on the site in a stable
manner, and must be free from hazards such as sliding or wind damage.
(2) Acceptability criteria. A manufactured home must be securely anchored by a tie-down
device that distributes and transfers the loads imposed by the unit to appropriate ground
anchors to resist wind overturning and sliding.
Space Rental for a manufactured home: Rent to owner - Sec. 982.622
Rent to owner for rental of a manufactured home space includes payment for maintenance
and services that the owner must provide to the tenant under the lease for the space.
Rent to owner does not include the costs of utilities and trash collection for the manufactured
home. However, the owner may charge the family a separate fee for the cost of utilities or
trash collection provided by the owner.
Reasonable rent. During the assisted tenancy, the rent to owner for the manufactured home
space may not exceed a reasonable rent as determined in accordance with this section.
Section 982.503 is not applicable.
The Paducah Section 8 Housing office may not approve a lease for a manufactured home
space until the PHA determines that the initial rent to owner for the space is a reasonable rent.
At least annually during the assisted tenancy, the The Paducah Section 8 Housing office must
determine whether the rent to owner for the manufactured home space is a reasonable rent in
comparison to rent for other comparable manufactured home spaces. To make this
determination, the PHA must consider the location and size of the space, and any services
and maintenance to be provided by the owner in accordance with the lease (without a fee in
addition to the rent).
By accepting each monthly housing assistance payment from the Paducah Section 8 Housing
office, the owner of the manufactured home space certifies that the rent to owner for the space
is not more than rent charged by the owner for unassisted rental of comparable spaces in the
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same manufactured home park or elsewhere. The owner must provide information, as
requested by the PHA, on rents charged by the owner for other manufactured home spaces.
Space rental for a manufactured home: Housing assistance payment. Sec. 982.623
Fair market rent. The FMR for a manufactured home space is determined in accordance with
24 CFR 888.113(e). Exceptions do not apply to rental of a manufactured home space.
Housing assistance payment for a manufactured home:
Payment standard. The payment standard is used to calculate the monthly housing
assistance payment for a family. The payment standard for a family renting a manufactured
home space is the published FMR for rental of a manufactured home space. The amount of
the payment standard is determined in accordance with Sec. 982.505(d)(4) and (d)(5).
Subsidy calculation. The amount of the monthly housing assistance payment for a family
equals the lesser of paragraphs (c)(2)(1) or (c)(2)(ii) of Sec. 982.623:
An amount obtained by subtracting 30% of the family's monthly adjusted gross income from
the sum of:
(A) The amortization cost;
(B) The utility allowance; and
(C) The payment standard.
The monthly gross rent for the manufactured home space minus the minimum rent. The
minimum rent is the higher of:
(A) 10% of monthly income (gross income); or
(B) A higher minimum rent as required by law.
Amortization cost. The amortization cost may include debt service to amortize costs (other
than furniture costs) included in the purchase price of the manufactured home. The debt
service includes the payment for principal and interest on the loan. The debt service amount
must be reduced by 15% to exclude debt service to amortize the cost of furniture, unless the
Paducah Section 8 Housing office determines that furniture was not included in the purchase
price.
The amount of the amortization cost is the debt service established at time of application to a
lender for financing purchase of the manufactured home if monthly payments are still being
made. Any increase in debt service due to refinancing after purchase of the home is not
included in the amortization cost
Debt service for set-up charges incurred by a family that relocates its home may be included in
the monthly amortization payment made by the family. In addition, set-up charges incurred
before the family became an assisted family may be included in the amortization cost if
monthly payments are still being made to amortize such charges.
Annual income. In determining a family's annual income, the value of equity in the
manufactured home owned by the assisted family, and in which the family resides, is not
counted as a family asset.
Space Rental for a manufactured home: Utility allowance schedule. Sec. 982.624
The Paducah Section 8 Housing office must establish utility allowances for manufactured
home space rental. For the first twelve months of the initial lease term only, the allowances
must include a reasonable amount for utility hook-up charges payable by the family if the
family actually incurs the expenses because of a move. Allowances for utility hook-up charges
do not apply to a family that leases a manufactured home space in place. Utility allowances for
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manufactured home space must not cover costs payable by a family to cover the digging of a
well or installation of a septic system.
* * * * *
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part IV. RENT, UTILITY ALLOWANCE STANDARDS page 28
Part IV. RENT, UTILITY ALLOWANCE STANDARDS
1. Minimum Rent
The minimum rent required by the Agency is $50.00. Hardship request may be made in writing by
the participant for the following circumstances:
1. if a family has lost eligibility for or is awaiting determination for a federal, state or local
assistance program
2. if the family would be subject to eviction as a result of the minimum rent requirement
3. if the income of the family has decreased resulting from changed circumstances, including loss
of employment
4. if a family has an increase in expenses resulting from changed circumstances for medical
costs, childcare, transportation, education, or similar situations
5. if a death occurs in the household
When the Paducah Section 8 Housing office grants a waiver of minimum rent due to hardship the
participant must re-verify hardship situation each month if situation is of a temporary nature. Long
term hardship situation are to be verified at reexamination.
2. Rent Reasonableness - Housing Choice Voucher Program
Under the voucher program, Paducah Section 8 Housing office will provide guidance to the family in
securing a unit that is rent reasonable. We will assist the family, if requested, to negotiate a
reasonable rent. We may disapprove a lease under the voucher program if the rent causes the tenant
payment to exceed 40% of adjusted income or if the rent is not reasonable. Documentation of such
will be presented to the owner of said property for an attempt to negotiate a reasonable rent.
Reasonable Rent rates will be ascertained by comparing rent for other comparable unassisted units.
To assure reasonable rental rates, Paducah Section 8 office will consider the location, quality, size,
unit type, and age of the unit plus any amenities, housing services, maintenance and utilities to be
provided by the owner in accordance with the lease. The PHA will certify and document on a case-by-
case basis that the approved rent does not exceed rents charged for comparable unassisted units.
The bottom line is that the Paducah Section 8 Housing office will evaluate each unit and ascertain that
the rent the assisted family pays is a fair price for the product received. After comparing all applicable
data in the Paducah-McCracken County market, the following question will be asked: If you were in
the market to lease a unit, would you be willing to spend your own money to lease this unit in this
location? If the answer is yes and there is adequate documentation to support the decision, the lease
should be approved. If the person performing the rent test cannot support the rent request (including
that they believe the unit to be worth the amount requested and their willingness to answer yes to the
above question) the lease will not be approved.
3. Security Deposit
The security deposit charged to program participants shall be established by the owner/agent of the
rental property not to exceed deposits typically charged in the private market.
4. Payments
All Housing Assistance Payments (HAP) checks on current contracts will be disbursed to the landlord
and all utility checks dispersed to the resident by the 5th working day of each month.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part IV. RENT, UTILITY ALLOWANCE STANDARDS page 29
5. Payment Standard and FMR
The applicable Payment Standard (PS) for the HCV program shall be established at the HUD
published Fair Market Rent (FMR). Payment Standards shall be reviewed each year in order to
determine if the established levels are appropriate to meet the needs of participants based on rent
burdens and success rates of assisted families.
If there is a decrease in the payment standard amount during the HAP contract term, the Paducah
Section 8 office will continue to use the lower payment standard to calculate the family’s HAP
beginning at the effective date of the family’s second regular reexamination following the effective
date of the decrease in the payment standard.3
6. Contract Rent Adjustments
Under the Voucher Program, the owner must not increase the rent during the first year of the lease. In
order to increase the rental rate, the owner must give the family and the Paducah Section 8 Housing
office written notice at least 60-days before the implementation of the rent increase. The notice must
state the new amount and the date the new rental amount is due. Such increases must meet the Rent
Reasonableness standard.
7. Utility Allowances
The utility allowance schedule for the Section 8 Program will be reviewed yearly and adjusted
accordingly to insure participant affordability. The utility allowance calculation will be based on the
size of the families' Housing Choice Voucher issued, not the actual size of unit unless the actual unit
size is less.
8. Portability - Voucher Program
Under the voucher program, the participants are entitled to portability of their voucher. Portability will
be addressed as follows:
A. Paducah Section 8 Housing office requires minimum notice of 30 days prior of the tenant's
intended vacancy to transfer their certification.
B. All information concerning the receiving agency must be provided by the participant.
C. All efforts will be made to exchange certification with the receiving agency.
D. If the participant is leased they must fulfill a minimum 12 month lease period and cannot port if
in violation of present lease. Accommodations may be made for participants in Supported
Programs or HUD-VASH, in consultation with program partners and the landlord.
E. If adequate funds are not available, the PHA will deny portability moves if the receiving PHA's
payment standard is greater than the local payment standard and the PHA refuses to absorb
the transfer.
* * * * *
3 NOTICE PIH 2018–01 (HA) issued January 17, 2018
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part V. TERMINATION & GRIEVANCES page 30
Part V. TERMINATION & GRIEVANCES
1. Grounds for Denial or Termination of Assistance to Applicants and Participants
A. Types of denial
1. Denial of admission to applicant.
2. Denial of issuance of another voucher to participant who wants to move to another
dwelling unit.
3. Declining to enter into a PHA contract.
4. Declining to approve a lease where requested by participant.
B. Condition of denial
Applicant or participant currently owes rent or other amounts to the PHA or another
PHA in connection with Section 8 or Public Housing (listed in family obligations).
C. Termination of assistance
1. PHA must terminate assistance if family is evicted for serious or repeated lease
violations or violations of participant obligations.
2. PHA must terminate or deny assistance if participant refuses to sign consent forms.
2. Termination of Tenancy
A. The owner shall not terminate the tenancy of the (evict) family, except for:
1. Serious or repeated violation of the terms and conditions of the lease.
2. Violation of Federal, State, or local law which imposes obligations on the family in common
with the occupancy and use of the dwelling unit and surrounding premises.
3. Other good cause shown.
B. The owner may evict (terminate the tenancy) the family from the contracted unit only by
instituting a court action. The owner must notify the Paducah Section 8 office in writing of the
commencement of proceedings for termination of tenancy, at the same time that the owner
gives notice to the family under State or local law. The notice to the PHA may be given by
furnishing the PHA a copy of the notice given to the family.
3. Grievance Procedures
A. Informal review of PHA decision regarding participation in the program.
1. The PHA shall give an applicant for participation in the Paducah's Section 8 Housing Program
prompt written notice of a decision denying assistance to the applicant, including a decision to
deny placement on the PHA waiting list for the Housing Choice Voucher Program. The notice
of denial shall contain a brief statement of the reason for the decision. The notice shall also
state that the applicant may request an informal review of the decision, and shall describe how
to request the informal review.
2. The PHA shall give the applicant an opportunity for an informal review of the decision, in
accordance with the review procedures established by the PHA. The informal review shall be
conducted by any person or persons designated by the PHA, other than the person who made
the decision or anyone involved in the review of such decision. The applicant shall be given an
opportunity to present written or oral objections to the PHA decision. The PHA shall promptly
notify that applicant in writing of the final outcome of the informal review, including a brief
statement of the reasons for the final decision.
3. The PHA is not required to provide an opportunity for an informal review in accordance with
paragraph (a) for the following:
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part V. TERMINATION & GRIEVANCES page 31
Discretionary administrative determinations made by the Paducah Section 8 office.
General policy issues or class grievances.
Determination of the number of bedrooms entered on the voucher under the occupancy
standards established by the PHA.
Judgment that a unit located by a voucher holder does not comply with the PHA's Housing
Quality Standards, or the PHA's decision not to approve the lease for the unit.
Decision by the Paducah Section 8 office not to approve a request by a voucher holder for
an extension of the term of the voucher.
B. Informal hearing on PHA decision affecting participant's family.
1. In the following instances, the Paducah Section 8 office shall give a participant in the Section 8
Housing Choice Voucher Program an opportunity for an informal hearing to consider whether
a decision relating to the individual circumstances of the family are in accordance with law,
HUD regulations and Paducah Section 8 office rules:
a. A determination of the amount of the total payment of tenant rent (not including
determination of the PHA's schedule of utility allowance for families in the PHA's Section 8
Program.
b. A decision to deny or terminate assistance on behalf of the participant.
c. Determination that a participant family is residing in unit with a larger number of bedrooms
than appropriate under the PHA standards, and the PHA's determination to deny the
family's request for exception from the standard.
d. In the case of an assisted family which wants to move to another dwelling unit with
continued participation in the PHA program.
2. Paducah Section 8 Housing office is not required to provide an opportunity for an informal
hearing in accordance with paragraph above for the following:
Discretionary administrative determinations by the PHA,
Consider general policy issues or class grievances.
Judgment that a unit does not comply with the PHA's Housing Quality Standards, that the
owner has failed to maintain or operate a contract unit that provides decent, safe and
sanitary housing in accordance with the HQS (including all services, maintenance, and
utilities required under the lease).
Judgment that the contracted unit is not decent, safe and sanitary because of an increase
in family size or change in family composition.
Decision to exercise any remedy against the owner under an outstanding contract
including the termination of housing assistance payments to the owner.
Decision not to approve a family's request for an extension of the voucher issued to an
assisted family which wants to move to another dwelling unit with continued participation in
the PHA's Section 8 Program.
3. The PHA shall give the participant prompt written notice of a decision. The notice shall contain
a brief statement of the reasons for that decision. The notice shall state that if the participant
does not agree with the decision, the participant may request an informal hearing on the
decision, and shall also state the time by which the request for an informal hearing must be
made by the participant.
4. When the PHA determines the amount of the total tenant payment of the tenant rent, or
determines the number of bedrooms entered on the voucher of an assisted family which wants
to move to another dwelling unit, the PHA shall notify the participant that the participant may
ask for an explanation of the basis of the PHA determination, and that, if the participant does
not agree with the determination, the participant may request an informal hearing on the
decision.
5. If the PHA has decided to terminate Housing Assistance Payment on behalf of a participant
under an outstanding contract (and if the PHA is required to give the participant an informal
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part V. TERMINATION & GRIEVANCES page 32
hearing on the decision), the participant shall be afforded the opportunity for such informal
hearing before the termination of Housing Assistance Payments.
6. In all cases when a hearing is required, the PHA shall proceed with a hearing in a reasonable
expeditious manner upon the request of a participant.
7. The PHA shall adopt written procedures for conducting an informal hearing for participants in
the PHA's Section 8 Program. The PHA hearing procedures shall comply with the following:
a. The hearing may be conducted by any person or persons designated by the PHA,
other than the person who made or approved the decision under review or a
subordinate of such a person.
b. At their own expense, the participant may be represented by a lawyer or other
representative.
c. The person who conducts the hearing may regulate the conduct of the hearing in
accordance with the PHA hearing procedures.
d. The PHA and the participant shall be given the opportunity to present evidence, and
may question any witnesses. Evidence may be considered without regard to
admissibility under the rules of evidence applicable to judicial proceedings.
e. The person who conducts the hearing shall issue a written decision, stating briefly the
reasons for the decision. Factual determination relating to the individual circumstances
of the participant shall be based on the evidence presented at the hearing. A copy of
the hearing decision shall be furnished promptly to the participant.
8. The Paducah Section 8 Housing office is not bound by a hearing decision:
a. Concerning a matter for which the PHA is not required to provide an opportunity for an
informal hearing, or otherwise in excess of the authority of the person conducting the
hearing under the PHA hearing procedures.
b. Contrary to HUD regulations and requirements, or otherwise contrary to Federal, State
or local law.
If the PHA determines that it is not bound by a hearing decision, PHA shall promptly notify the
participant of the determination, and of the reasons for the determination.
4. Complaints and Appeals
Paducah Section 8 Housing office will inform prospective landlords that Fair Housing and Equal
Opportunity Laws must be observed. Complaints of discrimination that do occur will be investigated
and action will be initiated to correct any inequalities that are found to exist.
5. Absence from Unit
Any family under the Section 8 program may not be absent from the unit for a period greater than 30
days consecutively unless for a medical situation which may not exceed 180 days. The family is
obligated to inform the Paducah Section 8 Housing office upon family absence from the unit. Any
failure to inform or prolonged unit absence to exceed time limitation will result in termination of rental
assistance. The family will be given the right to an informal hearing in all cases of termination because
of unit absence. Note: The HUD-VASH program provides an exception to this restriction. Single
Veterans may retain their housing as long as they are not absent from the unit longer than 180
calendar days for continued assistance, and the Veteran’s rent portion continues to be paid to the
landlord. (VHA Directive 1162.05(1))
6. Restriction on the Number of Moves by a Participant Family
The PHA will restrict the number of voluntary moves by a participant family to twice during any 12
month period. Involuntary moves resulting from natural disasters, owner option to sell or relocate to
unit, Paducah Section 8 Housing office initiated lease terminations, and all other moves where the
participant is not at fault are unrestricted.
* * * * *
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2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VI. PROGRAMS - Conversion HCV's page 34
Part VI. PROGRAMS
1. Conversion HCV's
Paducah Section 8 Housing office will administer conversion/enhanced vouchers consistent with 24
CFR 982.201(b)(1)(iii) and any or related subsequent HUD regulations.
Enhanced vouchers are tenant-based assistance. Households issued enhanced vouchers may elect
to use the assistance in the same property (as long as the property continues as rental housing and
the tenancy can be approved in accordance with the enhanced voucher policies), and in all cases
may choose to move from the property immediately. There is no guarantee to the owner that any
enhanced voucher assistance will be used at the property for any period of time. Enhanced vouchers
are different from regular Housing Choice Vouchers (HCVs) in two major respects. If the family
remains in the same property, a higher enhanced payment standard is used to determine the amount
of subsidy when the gross rent exceeds the normally applicable PHA payment standard, and the
family must continue to contribute towards rent at least the amount the family was paying for rent on
the date of the mortgage maturity, rental assistance contract expiration, or affordability restriction
expiration that removes the affordability restrictions at the property.
The PHA must determine the eligibility of all at-risk households identified by the owner. For purposes
of determining income eligibility, the PHA uses the applicable low income limits (not the very low
income limits).
2. HUD-VASH
The HUD-Veterans Affairs Supportive Housing (HUD-VASH) program combines Housing Choice
Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services
provided by the Department of Veterans Affairs (VA). VA provides these services for participating
Veterans at VA medical centers (VAMCs) and community-based outreach clinics. The local clinic is
located at 2620 Perkins Creek Drive.
The Paducah Section 8
Housing office has opted to
participate in this partnership
program with the Veteran's
Administration (Marion, Illinois
office) to provide housing
assistance to area homeless
veterans under the HUD- VASH
Program.
HUD has legislative and
regulatory authority of HUD-
VASH vouchers and public
housing agencies. Generally,
the HUD-VASH program is
administered in accordance
with regular HCV program
requirements (24 CFR,
Section 982). However, the
2008 Consolidated
Appropriations Act (Public
Law 110-161) allows HUD to
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VI. PROGRAMS - HUD-VASH page 35
waive or specify alternative requirements for any provision of any statute or regulation affecting
the HCV program in order to effectively deliver and administer HUD-VASH voucher assistance.
The alternative requirements are established in the HUD-VASH Operating Requirements
(including the waivers and alternative requirements from HCV program rules), which were
published in the Federal Register on May 6, 2008 and updated March 23, 2012. The Operating
Requirements can be found here, https://www.gpo.gov/fdsys/pkg/FR-2012-03-23/pdf/2012-
7081.pdf.
The PHA’s local discretionary policies adopted in the PHA’s administrative plan, apply to HUD-VASH
Vouchers. If there is a conflict between the program regulations and the agency’s administrative plan,
the program regulations have precedence. The City of Paducah Section 8 Housing adheres to HUD
Notice FR-5596-N-01, VHA Directive 1162.05(1) and all subsequent HUD notices regarding
administration of the HUD-VASH program.
By agreeing to administer HUD-VASH, PHAs are responsible for:
(1) Accepting Veterans referred by the VA Medical Center only. PHAs do not maintain a separate
waiting list for the HUD-VASH program.
(a) VA HUD–VASH case managers will refer HUD–VASH-eligible families to the PHA for
the issuance of vouchers. The PHA must accept referrals from their VA partner.
(b) VA HUD–VASH case managers will screen all families in accordance with VA
screening criteria. By agreeing to administer the HUD–VASH program, the PHA is
relinquishing its authority to determine the eligibility of families in accordance with regular
HCV program rules and PHA policies.
(c) The VA-issued photo identification card will also be accepted to verify identification, SSN,
and date of birth. The Certificate of Release or Discharge from Active Duty (DD—214) or the
VA-verified Application for Health Benefits (10-10EZ) is also acceptable as verification of SSN.
Additionally, Paducah Section 8 Housing office accepts as a valid form of income verification
for VASH participants the Housing Inquiry statement (HINQ) as provided by our partner VA
office.
(d) When adding a family member after the HUD–VASH family has been admitted to the
program, the rules of § 982.551(h)(2) apply. Other than the birth, adoption, or court-
awarded custody of a child, the PHA must approve additional family members and may
apply its regular screening criteria in doing so.
(2) Determining/Verifying income eligibility. If the Veteran is over income, he/she is ineligible for
HUD-VASH.
(3) Completing a background check to ensure that the Veteran (or household member) is not a
lifetime registered sex offender under a State sex offender registry
(a) Specifically, under the HUD–VASH program, PHAs will not have the authority to
screen any potentially eligible family members or deny assistance for any grounds
permitted under 24 CFR 982.552 (broad denial for violations of HCV program
requirements) and 982.553 (specific denial for criminals and alcohol abusers), with one
exception: PHAs will still be required to prohibit admission if any member of the household
is subject to a lifetime registration requirement under a state sex offender registration
program. However, unless the family member that is subject to lifetime registration under a
state sex offender registration program is the homeless veteran (which would result in
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VI. PROGRAMS - HUD-VASH page 36
denial of admission for the family), the remaining family members may be served if the
family agrees to remove the sex offender from its family composition.
(4) Conducting briefing sessions and issuing vouchers for all eligible VASH applicants. The initial
search term for a HUD-VASH vouchers is at least 120 days to search for a unit.
(5) Providing housing-search resources to HUD-VASH Veterans.
(6) Assisting with landlord recruitment and housing stock availability.
(7) Inspecting housing units to ensure that HUD-assisted units are in compliance with Housing
Quality Standards. To expedite the leasing process, PHAs may choose to “pre-inspect” units. If a
family selects a unit that passed an HQS inspection (without intervening occupancy) within 45
days of the date of the Request for Tenancy Approval, the unit may be approved.
(8) Executing HAP Contracts.
(9) Making timely housing assistance payments.
(10) Assisting with the mobility/portability process, whereby a Veteran is using a voucher to lease
a unit in another jurisdiction where a PHA operates a Housing Choice Voucher (HCV) program.
(11) Notifying the HUD-VASH Case Management Team of all upcoming appointments to help
guarantee attendance.
(12) Providing housing-search resources to HUD-VASH Veterans.
(13) Providing assistance to case managers regarding program rules, local PHA policies written
in the agency’s Administrative Plan, including but not limited to procedural guidelines and
performance standards for conducting HQS inspections, revising payment standards, determining
rent reasonableness, interim redeterminations informal reviews/hearing procedures (appeals).
(14) Communicating housing status of Veteran participants to resolve concerns and maintain
accurate participant accounting.
(15) Helping maintain positive relationship with landlords and resolving PHA/HAP related issues.
(16) Addressing issues with the Veteran following their PHA procedures.
(17) Communicating the Denial of Assistance notice. If the PHA denies assistance to an HUD-
VASH applicant, the PHA must provide:
(a) Notification of Termination or Denial of Assistance. If the PHA is denying or terminating
assistance the PHA must provide (1) Family obligations of the program; (2) the grounds on
which the PHA may deny or terminate assistance because of a family action or failure to
act and (3) the informal hearing procedures. A copy of the notification letter should be sent
to the VA HUD-VASH case manager. For applicants, the written notification must provide:
a brief statement of the reason for denial; and an opportunity for the Veteran to request an
informal review.
(b) A brief statement of the reason for denial; and
(c) An opportunity for the Veteran to request an informal review in accordance with 24
CFR 982.554(a) and (b). A copy of this denial of assistance notice must be sent to a VA
HUD-VASH team member.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VI. PROGRAMS - HUD-VASH page 37
NOTE: The PHA cannot deny HUD-VASH assistance to a Veteran for any grounds under 24 CFR
982.522 and 982.553. Additionally, a PHA cannot refuse to reissue vouchers to Veterans that
have been previously terminated from HUD-VASH. The only reasons for denial of assistance by
PHA are failure to meet the income eligibility requirements or if any member of the Veteran’s
household is subject to a lifetime registration requirement under a state sex-offender registration
program, according to HUD’s regulations.
(18) Ensuring a violation of PHA Rules does not occur. Once a Veteran participant has been
issued a voucher, they must follow the usual PHA rules or face possible suspension or
termination of their voucher assistance. The PHA must follow their usual procedure in terminating
assistance, to include an informal hearing. Case managers are expected to work with the Veteran
and PHA to ensure that all measures are taken to address options that allow the Veteran to
maintain housing. This may include assisting the Veteran with making necessary changes in
behavior while advocating for flexibility with the PHA.
(19) Terminating Assistance. HUD has not established any alternative requirements for
termination of assistance for HUD-VASH participants. However, prior to terminating HUD-VASH
participants, HUD strongly encourages PHAs to exercise their discretion under 24 CFR 983.552
(c)(2) and consider all relevant circumstances of the specific case, including granting reasonable
accommodations for persons with disabilities in accordance with 24 CFR Part 8, as well as
including the role of the case manager and the impact that ongoing case management services
can have on mitigating the conditions that led to the potential termination, prior to determining
whether to terminate assistance.
(20) Documenting changes in the family.
(a) Death of the Veteran. When a Veteran, who is under lease with a HUD-VASH voucher
dies, then the family members who are also registered on the voucher and lease are able
to continue to utilize the HUD-VASH voucher for as long as they remain otherwise eligible.
The PHA is encouraged, though not required, to move the Veteran’s family to a non-HUD-
VASH, or “regular,” HCV when one is available. Once the family moves to a regular HCV
then the HUD-VASH voucher becomes available for a new Veteran. Case management is
not available through this program without the Veteran, but it can be arranged for the
family if needed through referral to community or other programs.
(b) Separation/Divorce of the Veteran. Since the set-aside of HUD-VASH vouchers is for
Veterans, the voucher must remain with the Veteran in the case of separation or divorce.
This in effect overrides the PHA’s policies on how to determine who remains in the
program when a family breaks up (24 CFR Section 982.59(d) (11)).
(c) Imprisonment of the Veteran. Veterans who are leasing a unit with their HUD-VASH
voucher and are imprisoned may be able to continue to sustain their housing. When the
Veteran has been terminated from VA case management, the PHA must terminate HUD-
VASH assistance. PHAs may use its discretion under 24 CFR 982.552 (c)(2)(ii) to allow
other members of the participant family to continue receiving assistance subject to the
condition that the offender will not reside in the unit. The family may retain the HUD-VASH
voucher, or the PHA may offer the family a non-VASH voucher to free up the HUD-VASH
vouchers for another homeless Veteran. Once the VASH voucher turns over, it must be
issued to another homeless Veteran.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VI. PROGRAMS - HUD-VASH page 38
(21) Single Veterans may retain their housing as long as they are not absent from the unit longer
than 180 calendar days for continued assistance, and the Veteran’s rent portion continues to be
paid to the landlord.
(22) Veteran families where the Veteran is not expected to return to the family unit may request
the PHA to provide them with a regular voucher, if available. The family, already a program
participant, would not be subject to a waiting list. However, the PHA determines availability of
their regular HCV for the family. If the PHA is not able to move the family to a regular HCV, the
family would continue to utilize the HUD-VASH voucher.
(23) Veterans who have exited HUD-VASH case management and whose voucher was
terminated due to excessive lengths of incarceration may be evaluated upon release for
readmission to HUD-VASH.
(24) Veterans who are incarcerated may not receive services from the HUD-VASH team.
Consultation with VA’s Veteran Justice Program staff and Fugitive Felon point of contact is
recommended.
(25) Protection for the Victim. When a Veteran’s family member is under lease with a HUD-VASH
voucher and is receiving protection as a victim of domestic violence, dating violence, or stalking,
and the Veteran is the perpetrator of such violence, the victim must continue to be assisted by
PHA.
(a) Dating violence, domestic violence, and stalking are each violations of the family
obligations under 24 CFR 982.551(l). Therefore, the perpetrator may be terminated from
PHA voucher assistance for committing such acts.
(b) Upon termination of a perpetrator’s HUD-VASH voucher due to acts of domestic
violence, the victim receiving protection is to be given a regular HCV by PHA, if one is
available. If a regular HCV is not available for the victim, the victim continues to utilize the
HUD-VASH voucher until another subsidy can be utilized. Case management associated
with any remaining household members utilizing this voucher is terminated. The Veteran's
victim and family would not be subject to the PHA's voucher waiting list as they are
already participants in the voucher program.
(c) In the case of the victim utilizing the HUD-VASH voucher, upon release of the voucher
by the victim, the HCV must be returned to HUD-VASH for re-issue by PHA to another
eligible Veteran family. NOTE: HUD is currently developing guidance that will provide
PHAs with further procedures for the implementation of Violence Against Women Act
(VAWA) protections under 24 CFR part 5, subpart L.
(d) The Veteran perpetrator may continue to be served by the HUD-VASH team, have a
new voucher issued, and work towards becoming rehoused as appropriate.
(e) Where appropriate referrals need to be made to the medical facility’s local Intimate
Partner Violence/Domestic Violence coordinator or point of contact.
Initial term of the Housing Choice Voucher for HUD-VASH participants shall be 120 days, rather than
the standard 60 days. Initial lease term may also be less than the standard one-year requirement.
A HUD-VASH participant family’s HCV assistance must be terminated for failure to participate, without
good cause, in case management services as verified by the VAMC or CBOC. In such cases, the
PHA will offer the family continued HCV assistance through one of its regular vouchers, if one is
available.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VI. PROGRAMS - Supported Programs (SP) page 39
3. Supported Programs (SP)
The Paducah Section 8 Housing office seeks to support and promote area programs designed to
provide coordinated services to residents who are recent victims of domestic violence and/or those
who are in pursuit an education by enrolling in a post-secondary educational facility as a full-time
student. Any HCV participant in the supported program shall retain their HCV eligibility beyond ending
participation in the supported program unless termination of assistance is based upon violation of
Family Obligations of the HCV program. Participants that voluntarily withdraw or are terminated with
cause under SPs shall not be eligible for application to HCV until two years from last HCV assistance.
Supported Programs currently promoted by the City of Paducah Section 8 Housing:
Scholar House of Paducah
Merryman House Initiative (domestic violence program)
4. Family Self-Sufficiency Program
The Paducah Section 8 Housing office has received approval to develop and implement a Family
Self-Sufficiency (FSS) Program under the terms of the Annual Contributions Contract for KY 36-Vl37-
008. The objective of this action plan is to initially outline the policies and procedures for
implementation of this FSS Program.
The overall goal of the Paducah Section 8 Housing office is to enable a maximum of 30 families to
become economically and socially independent through the coordination and delivery of existing
community services.
Mandatory program size will reduce by the number of program graduates although the agency will
continue to operate a voluntary program totaling 30 participants.
Based on past experience with the Project Self-Sufficiency Program, it is known that there are both
societal and individual barriers to break down before a family can leave long term poverty.
It is also understood that an effective FSS Program requires a mixture of creativity and flexibility, in
addition to accountability, for both the family and service providers.
A. Program Objectives
The Program's objectives are listed as follows:
Improve coordination of both planning and delivery of services to participants of FSS
based on the commitment to make families self-sufficient.
Implement a case management system to identify needs, planning, and delivery of
services to a FSS family based on the family's commitment to become self-sufficient.
Document the implementation of services to be used for future planning of a broader-
based FSS Program.
Establish interagency partnerships to achieve high quality comprehensive service
delivery to all members of a family with long-term results. Assess the accountability of
the family, the case management, and the agencies and entities providing service and
resources.
B. Family Objectives
The family's objectives will be to achieve the following:
Elevate itself from a status of dependency to that of self-reliance and growth towards
the goal of self-sufficiency.
Achieve a greater level of self-discipline, self-esteem and self-motivation by accepting
responsibility for decisions and actions.
Demonstrate commitment and accountability to a Personal Action Plan, which both
goals and barriers are assessed.
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Part VI. PROGRAMS - Family Self-Sufficiency Program page 40
C. Family Demographics
The City of Paducah Section 8 Program will serve a diverse population in implementing the
FSS Program. The Agency does not and will not under the FSS Program Action Plan,
discriminate in its practice or treatment toward any program participant.
D. Selection Process
The selection of FSS participants will be limited to current Section 8 Housing participants with
a selection preference given to JOBS (Job Opportunities and Basic Skills) participants not to
exceed 50% of the total FSS slots. Outreach to JOBS participants will be performed through
notification and coordination of the local JOBSc0ordinator and staff.
The Paducah Section 8 Housing office will provide FSS information available by means of
notification to all current Section 8 program participants, briefing packets enclosure, media
coverage, community, and/or special interest group presentations.
The non-targeted selections will be made by time and date of the family's expressed interest in
participation in FSS.
The selection procedure for FSS participants will be performed without regard to race, color,
religion, sex, disability, familiar status or national origin.
E. Activities and Support Services
The FSS program will offer the following support services in addition to identified service
needs of specific family circumstance:
Child Care
Transportation
Education
Employment
Personal Welfare
Household Skills and Management
Counseling (credit, personal, etc.)
Other service and resources such as case management
The identification of support needs will be established through case management, self-
evaluation, and need assessment. The process of identifying service providers will be done in
coordination with the Program Coordinating Committee (PCC) in order to define and access a
broad range of support services.
F. Incentives
The FSS Program will offer participating families the opportunity to effectively become
economically and socially independent of the welfare system through the coordination and
provision of services designed to meet the goal of each individual participant.
The Program will also provide for the establishment of an escrow account for any difference of
the increase in rent due to earned income in accordance with HUD regulations.
G. Assurance of Non-Interference
The City of Paducah Section 8 Housing Program hereby assures each family that any
admission or right to occupy in accordance to lease provisions will not be effected by a family's
participation or nonparticipation in the FSS program.
H. Termination
The family's Contract of Participation may be terminated for any of the following reasons:
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Part VI. PROGRAMS - Family Self-Sufficiency Program page 41
When the housing agency determines that the head or participating family member(s)
has failed to fulfill the terms of the contract and/or any extension therefore.
Withdrawal of the family from the FSS program.
Mutual consent of both parties.
By such act as it is deemed inconsistent with the purpose of the FSS program.
By operation of law.
When the family is no longer receiving any federal, state, local or other assistance.
I. Withholding of Services / Denial
If a Family previously participated in the FSS program and did not meet its obligations and was
terminated, the family will be denied participation.
Families that owe the Section 8 program, or another housing agency, money in connection to
housing assistance will be denied participation.
Families that are found in noncompliance of the lease that result in lease termination will be
denied participation in the FSS program.
Noncompliance with the FSS contract will result in termination of contract.
If a Family fails to meet its obligations or complete goals stated in the contract, services will be
denied.
J. Grievance Procedures
Any decision of the agency to terminate, deny or withhold assistance can be addressed by the
participant by utilizing the grievance procedure including in the Administration Plan. Each
participant will be informed of their rights and procedures for grievances upon selection to the
FSS program.
K. Timetable for Implementation
The Agency's goal of full implementation of slots will be a period of 90 days from the effective
date of the Action Plan.
L. Certification of Coordination
The Paducah Section 8 Housing office hereby certifies that the development of services and
activities have and will be coordinated with the JOBS program and other services related
programs in order to assure that implementation will continue to be coordinated to avoid
duplication of services and activities. This will be achieved through the coordinating committee
input and services coordinator's program management.
M. Escrow Withdrawal (early)
FSS participants in good standing shall be eligible to make a one-time withdrawal of escrow
funds equal to up to 50% of remaining escrow funds during the contract for the following
purposes: to reduce debts in preparation of homeownership certification, to purchase needed
transportation if required for employment, to cover moving expenses if needed for employment
opportunity or other good cause related to becoming self-sufficient. The Program Administrator
will review and approve each written request as submitted by the FSS participant.
N. Eligibility of graduated FSS participants
Any participant that has graduated and withdrew funds or voluntarily withdrew from the FSS
program shall not be eligible to re-apply for FSS until all withdrawn funds are repaid or (2)
years from last date of assistance.
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Part VI. PROGRAMS - HCV Homeownership Program page 42
5. HCV Homeownership Program
The City of Paducah Section 8 Housing Choice Voucher Program (also referred to as PHA) hereby
establishes a Section 8 tenant based homeownership option in Paducah/McCracken County, KY
pursuant to the U.S. Department of Housing Urban Development (HUD) final rule dated October 12,
2000 and Section 566 of the Quality Housing and Work Responsibility Act of 1998 under Section 8(y),
Homeownership Option.
The Paducah Section 8 Housing office hereby establishes a minimum commitment of 50 housing
choice vouchers to be utilized as homeownership option vouchers subject to review and adjustment
by the City of Paducah Board of Commissioners based upon financial and related considerations.
A. Participant Qualification
Any Section 8 eligible program participant, Housing Authority of Paducah participant, Habitat
for Humanity participant or City of Paducah Planning Department Homebuyer Program
applicants, who has been issued a Section 8 housing choice voucher, referred by the Housing
Authority, Habitat or the Planning Department may utilize the subsidy for purchase rather than
rental of a home, subject to the following:
A family must meet the requirements for admission to or continued participation in the Section
8 Housing Choice Voucher (HCV) Program.
The homeownership option will be included in all briefing and re- certification classes as well
as media and community announcements. Current Section 8 participants or public housing
participants must be in compliance with their lease and program requirements and must
terminate their current lease arrangement in compliance with the lease agreement.
A family in which the head or co-head of household has previously received assistance and
has defaulted on a mortgage obtained through the Homeownership Option is disqualified from
participation.
Participant families must be any of the following: ''first-time homeowners", in which no family
member owned any present homeownership interest in a residence of any family member
within the last three years; residents of limited equity cooperatives; or, a family of which a
member is a person with disabilities, and use of the Homeownership Option is needed as a
reasonable accommodation. (Title to a mobile home or manufactured home is not considered
as homeownership for purposes of this option.)
Participants in the Section 8 Homeownership Option must attend and satisfactorily complete a
pre-purchase homeownership counseling program and be deemed to be ''mortgage ready"
before a homeownership voucher will be issued. Participants are also required to attend and
complete post- purchase and ongoing homeownership counseling. At minimum, the
counseling will cover the following:
Home maintenance
Budgeting and money management
Credit counseling
Negotiating the purchase price of a home
Financing
Locating the home
De-concentration issues
HQS (housing quality inspection) and independent inspection requirements
The head of household and/or co head must be currently employed on a full-time basis (as
defined by HUD to average 30 hours per week) and have been continuously employed during
the year before commencement of homeownership assistance. Families in which the head of
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Part VI. PROGRAMS - HCV Homeownership Program page 43
household or co-head is disabled or elderly are exempt from this requirement. Families that
include a person with disabilities may request an exemption as a reasonable accommodation.
The family's income must be equal to or exceed the HUD minimum. income requirement,
currently set at 2000 hours times the Federal minimum wage or $14,500 annually. Welfare
assistance will not be considered in meeting the income requirement, except for households in
which the head or co-head is elderly or disabled and for households that include a disabled
person other than head or co-head.
Applicants may be enrolled in the Family Self-Sufficiency (FSS) Program but are not required
to do so for qualifying in the program. Funds accumulated in the FSS escrow account may be
advanced for purchase of the home, home maintenance, credit clean up or other house
purchase related expenses subject to the guidelines of the FSS Program.
B. Time Frame to Purchase a Home
An applicant will have a maximum of 90 days from the date of issuance of a homeownership
voucher to enter into a Purchase Agreement to purchase a home. If an applicant is unable to
enter into a Purchase Agreement before the end of the initial 90-day period, the applicant will
be provided an extension of 90 days to enter into a Contract for Sale or utilize the voucher for
house rental.
Any additional extension will be at the discretion of the Program Administrator.
C. Portability
Families determined eligible for homeownership assistance may exercise the Homeownership
Option outside the PHA's jurisdiction if the receiving PHA is administering a HCV
homeownership program and is accepting new families into its program.
D. Permitted Ownership Arrangements
The Homeownership Option may be utilized for three types of housing:
1. A single-family unit owned by the family, where one or more family members hold title
to the home, or a home previously occupied under a lease purchase agreement. Such
unit may be a single family home, half of a duplex, or single unit within a condominium
or multiplex.
2. A cooperative unit, where one or more family members hold membership shares in the
cooperative.
3. A manufactured home on a permanent foundation when the family owns the land in
which the home sits or if the family does not own the land where the home sits, but has
the right to occupy the land for at least thirty years.
E. Contract of Sale and Home Inspections
Participants in the Homeownership Option Program must initially complete a Purchase
Agreement with the owner of the property to be purchased.
The Purchase Agreement must include the seller's certification that the seller(s) has not been
debarred, suspended, or subject to a limited denial of participation under any federal contract
in accordance with 24 CFR part 24.
The Purchase Agreement must include the home's price and other terms of sale, the PHA's
pre purchase HQS inspection requirements (including a provision that the participant will
arrange for a pre purchase inspection of the unit as set forth below), a provision that the
participant is not obligated to purchase the unit unless the inspection is satisfactory to the
purchaser, and an agreement that the purchaser is not obligated to pay for any necessary
repairs.
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Part VI. PROGRAMS - HCV Homeownership Program page 44
The participant must obtain an independent professional home inspection of the unit's major
systems at the participant's expense. A member of the American Society of Home Inspectors
(ASHI) or a regular member of the National Association of Home Inspectors (NAHI) must
conduct the independent inspection. In all cases the inspection must cover major building
systems and components, including foundation and structure, housing interior and exterior,
and the roofing, plumbing, electrical and heating systems. The inspector must provide a copy
of the inspection report both to the family and to the PHA.
The City of Paducah Section 8 Housing office will conduct a Housing Quality Standards (HQS)
inspection and will review the independent professional inspection of the unit's major systems.
The City of Paducah Section 8 Housing office retains the right to disqualify the unit for
inclusion in the Homeownership Option based on either the HQS inspection or the
independent professional inspection report.
F. Financing
Mortgage instruments must meet at least one of the following criteria:
The household is solely responsible for obtaining financing. All loans must meet FHA, or
acceptable terms by Fannie Mae, Freddie Mac, reputable secondary markets, or acceptable
mortgage insurance credit underwriting requirements. The PHA will review lender
qualifications, loan terms, and other family debt and expenses to determine that the debt is
affordable and reserves the right to disapprove the loan if it is unaffordable or the terms are
considered predatory.
The PHA requires a minimum homeowner down payment of at least 3 percent of the purchase
price for participation in its Section 8 Homeownership Option Program, and requires that at
least two percent (2%) of the purchase price come from the family's personal resources. The
PHA will consider waiving or reducing the minimum down payment requirement in cases
where the family is using down payment assistance grants or other assistance programs to
purchase the unit. Waivers will be granted on a case-by-case basis at the discretion of the
Program Administrator.
The PHA prohibits
Seller financing
Co-signers not residing in the household.
In the event of an appeal, the Program Administrator will appoint a review panel.
G. Length and Continuation of Assistance
Section 8 assistance will only be provided for the period that the family is in occupancy of the
home. The maximum term a family may receive homeownership assistance is fifteen years if
the initial mortgage incurred to finance purchase of the home is 20 years or longer. In all other
cases, the maximum term of assistance is ten years or the length of actual mortgage if less
than 10 years.
Elderly families that qualify as such at the start of homeownership assistance and disabled
families that qualify as such at any time during receipt of homeownership assistance are
exempt from this time limit. If an elderly or disabled family ceases to qualify as such during the
course of homeownership assistance, the maximum term applies from the date the assistance
commenced, except that the family will be provided at least 6 months of assistance after the
maximum term becomes applicable.
H. Family Obligations
In addition to completing the pre- and post-purchase homeownership counseling program, the
family must execute a statement of family obligations prior to the issuance of the
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Part VI. PROGRAMS - HCV Homeownership Program page 45
homeownership voucher, agreeing to comply with all family obligations under the
Homeownership Option, including:
1) The family must comply with the terms of any mortgage securing debt incurred to purchase
the home or any refinancing of such debt.
At any time the family is receiving homeownership assistance, the family may not sell or
transfer any interest in the home to any entity or person other than a member of the assisted
family residing in the home.
A home equity loan may not be acquired without the prior written consent of the PHA.
The family must provide required information regarding income and family composition in
order to calculate correctly total tenant payment and homeownership assistance, consistent
with Section 8 requirements and any other information requested by the PHA concerning
financing, the transfer of any interest in the home, or the family's homeownership expenses.
While receiving homeownership assistance, the family must notify the PHA if the family
defaults on a mortgage securing any debt incurred to purchase the home.
While receiving homeownership assistance, the family must notify the PHA before the family
moves out of the home.
1) The family must, at annual reexamination, document that the family is current on mortgage,
insurance and utility payments.
The family is prohibited from moving more than one time in a one (1) year period. The family
may be required to participate in pre- and post-purchase homeownership counseling prior to
re-housing.
While receiving homeownership assistance, no family member may have any ownership
interest in any other residential property.
I. Assistance Payment
Paducah Section 8 Housing office may provide upon approval by HUD, one of two types of
homeownership assistance paid directly to the lender or designee on behalf of the family.
1) Monthly homeownership assistance payment
The family's Section 8 monthly housing assistance payment will be the lower of the Section 8
voucher payment standard minus the Total Tenant Payment or the family's monthly
homeowner expenses minus the Total Tenant Payment.
Homeownership expenses include principal and interest on mortgage debt, refinancing
charges of mortgage debt, mortgage insurance premiums, real estate taxes and public
assessments, home insurance, allowance for maintenance expenses, allowance for major
repairs and replacements based on allowance recommended by the PHA 's designees, a utility
allowance, and principal and interest on mortgage debt incurred to finance costs for major
repairs, replacements or improvements for the home (including expense of reasonable
accommodation).
If a family's income increases to a level that they are no longer eligible to receive a housing
assistance payment, eligibility for such payments will continue for 180 calendar days. At the
end of a continuous period of 180 days without any assistance payments, eligibility for Section
8 assistance will automatically terminate.
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Part VI. PROGRAMS - HCV Homeownership Program page 46
J. Lease-to-Purchase
Lease-to-Purchase agreements are considered rental property and subject to the Section 8
tenant-based assistance rules. All regulations of the Homeownership Program will become
effective at the time that the family exercises the option to utilize the homeownership voucher.
K. Default
If the family defaults on the home mortgage loan, the participant will not be able to utilize the
Homeownership Voucher for rental assistance but may reapply to the Section 8 waiting list.
L. Recapture
The PHA will not recapture the Homeownership Voucher payments unless there was an act of
fraud or misrepresentation of a material fact in order to obtain a benefit. The HCV
Homeownership recapture provision does not apply to any other program funds that may be
used in the transaction.
M. Denial or Termination of Assistance
The PHA reserves the right to deny or terminate assistance to the family, and will deny
homeownership assistance to the family, in accordance with HUD regulations governing any
failure to comply with family obligation, mortgage default or failure to demonstrate that the
family has conveyed title to the home as required, or the family has moved from the home
within the period established or approved.
N. Informal Hearings
An informal hearing will be offered for participants who are being terminated from the Program
because of the family's action or failure to act as provided in 24 CFR 982.552. The rules and
procedures are set forth in the Section 8 Administrative Plan, entitled "Grievance Procedures".
O. Occupancy Standards
The PHA will determine the occupancy standard applicable to each homeownership family to
be utilized in the issuance of the payment standard size for lease-to-own calculations and
mortgage calculations by consideration of the following:
size or anticipated size of family
provision of a valued and salable asset
analysis of local marketable units
availability of necessary funding
It is the objective of the PHA to provide the homeowner with the opportunity to purchase local
marketable units. In some cases, the homeowner would only qualify (under the regular
Voucher Program occupancy standards) for a payment standard that would limit the size of the
unit purchased. Under the HCV homeownership program, an analysis will be done on the local
market to insure that the homeowner is provided adequate assistance to purchase a valued
and salable property which in some cases will equate to adjusting the payment standard size
above the occupancy standard of the regular voucher program.
P. Non-Routine Maintenance/Replacement Reserve
The Paducah Section 8 Housing office will encourage a non-routine maintenance and
replacement reserve account for each homebuyer receiving home ownership assistance under
the Section 8 Homeownership Program. The account shall be maintained by either the
Kentucky Housing Corporation or mortgage company/designee for the benefit of the individual
homeowner.
The reserve accounts will insure that the homebuyer have sufficient funds on hand for major
repairs and systems replacement.
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Part VI. PROGRAMS - Homeownership Option 10 Year Asset Exclusion page 47
Each home buyer receiving homeownership assistance with a reserve account option will be
required to deposit (minimum) $50.00 monthly to an escrow account to be used to pay for
reasonable and non-routine maintenance or repair expenses, or systems replacement; and in
the case of a disabled household, the cost of modification of a unit necessary as a reasonable
accommodation. Families may access the account with a written request to PSS, which will
include the nature of the repair or replacement, bids or estimates, or actual receipts for work
that has already been completed. The PHA will make the final determination on approval of
account withdrawals and shall submit request to servicing agent for release of funds.
Participation in the monthly non-routine maintenance/replacement reserve escrow program is
required (unless otherwise not offered by a mortgage company or designee) by all participants
receiving Section 8 Homeownership assistance from the City of Paducah Section 8 Housing
Program after May 1, 2008. Participation by pre-existing homeowners receiving Section 8
Homeownership assistance will be by voluntary written agreement by existing homeowner and
will be subject to all provisions under mandatory requirement. The length of individual
participation is based on the length of assistance provided by the PHA. After completion of a
ten (10) year term of home ownership assistance and obligation, the family may make a
written request for the remaining escrow account balance or request it be applied toward the
principle balance of their mortgage.
Withdrawal of the funds will be contingent on:
Good standing with homeownership program and mortgage obligations.
The expense being approved by the PHA. Such expenses are for the replacement of
the heating system, air conditioning, water heater, refrigerator, appliances (funds
cannot be used to purchase the initial appliance), and home repairs (not including
decorations). It may not be used for additions to the unit or for decorative landscaping.
Q. Disbursements
In order to access maintenance/replacement reserve funds, a written request must be
submitted to the PHA stating the estimate of cost and purpose the funds will be used.
6. Homeownership Option 10 Year Asset Exclusion
Federal Regulations 24 CFR 5.603 (b) Net Family Assets exempts the home purchased with voucher
assistance from being counted as an asset for the first 10 years after closing. The PHA will utilize the
following method in calculating home value assets after the initial I0 year exemption exclusion:
Market Value minus Loan Value equals Asset Value
Market Value will be obtained by utilizing the assessed value of property as provided by the
McCracken County Property Evaluation Office and reduced (adjusted) by 10% (estimated cost of
expense to convert to cash)
Loan Value will be determined by the amount obtained from mortgage company to pay-off loan in
full effective on re-certification date or other designated date, if pay-off amount is unobtainable,
mortgage balance on re-certification date or other designated date will be utilized as loan value.
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Part VI. PROGRAMS - Project-Based Voucher Program page 48
7. Project-Based Voucher Program
The City of Paducah Section 8 Housing Program (PHA) hereby creates a project based housing
program (PBV) to achieve the following goals; to expand the affordable housing stock, to increase the
affordability of housing currently not affordable to households below 30% of the area median income
and to support supported housing programs. The maximum number of PBV units shall not exceed
twenty percent of the total number of ACC authorized HCV units of rental assistance at any time (110
units maximum). The PHA shall enter into contracts for PBV assistance based on rules stated below
and HUD regulations published in Federal Register 24 CRF Part 983 including all subsequent
corrections and amendments.
A. Project Selection Criteria
The PHA will consider the following project selection criteria in evaluating proposals to project
base housing choice vouchers:
1. Housing that serves homeless households;
2. Housing that serves households with special needs such as people with mental and/or
developmental disabilities, people with physical and/or sensory disabilities and .other
special needs as described by the entity;
3. Housing that reduces concentrations of poverty;
4. Housing that provides opportunities to increase the diversity of neighborhoods;
5. Housing that combines an appropriate level of support services to residents;
6. Housing that provides opportunities for economic self-sufficiency; and
7. Housing that maximizes the use of other funding sources and leverages the use of
PHA funds.
B. Project Selection
The Paducah Section 8 Housing office will make housing choice voucher funding available to
non-profit and for-profit entities through a competitive process. A Request for Proposal (RFP)
will be published as required, inviting proposals of projects that seek the commitment of
project-based vouchers that meet the goals of the PHA selection criteria. Specific project
selection will be performed by a PHA designated evaluation panel utilizing a weighted
selection scored according to the applicable factors listed in the selection criteria.
All projects awarded project based Section 8 subsidy must be developed and operated in a
manner consistent with HUD regulations. Project based commi1ments are subject to the
availability of adequate federal funding of the PHA Section 8 Housing Choice Voucher
Program.
C. Operation of Project-Based Properties
The PBV program shall operate the same as the regular tenant based vouchers with the
following exceptions:
D. Project-Based Waiting List
The Paducah Section 8 Housing office shall use a separate waiting list for admission to the
PBV program. All PBV applications will be maintained according to the same selection criteria
as the regular program. If an applicant refuses an offer of assistance for PBV, the applicant will
be transferred to the regular waiting list as of their original application date.
E. Moves with Continued Assistance
Participants that are assisted under the PBV program may move from the assisted project and
retain housing choice voucher assistance if the assisted family has occupied the unit under
PBV for at least 12months and has given proper notice to vacate.
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F. PBV Program Contract Terms
The contract term shall be negotiated for each project based on the project’s needs, not to
exceed 10 years.
Except for units designated for families that are elderly, disabled or receiving supported
services, no more than 25% of the project may have PBV assistance.
PBV unit gross rents may not exceed the applicable Fair Market Rent.
No vacancy loss payments shall be made by the Paducah Section 8 Housing office in the
event that the participant vacates the unit.
All units must be inspected by the Paducah Section 8 Housing office for Housing Quality
Standard (HQS) compliance and each unit shall be re-inspected annually.
All contracts are subject to availability of adequate funds.
* * * * *
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Part VII. ADMINISTRATION & EVALUATION - Responsibilities of the Paducah Section 8 Housing office page 50
Part VII. ADMINISTRATION & EVALUATION
1. Responsibilities of the Paducah Section 8 Housing office
Publication and dissemination of information concerning the availability and nature of housing
assistance for eligible families.
Public invitation of owners to make dwelling units available for leasing by eligible families and
development of working relationships and contracts with landlords and appropriate
associations and groups.
Receipt and review of applications for vouchers, verification of family income, and other factors
relating to eligibility and amount of assistance and maintenance of a waiting list.
Issuance of vouchers.
Notification of families determined to be ineligible.
Provision of each voucher holder of basic information on applicable Housing Quality Standards
and inspection procedures, search for and selection of housing, owner and tenant
responsibilities, and basic rules.
Determination of the amount of the total tenant payment and tenant rent.
Determination of the amounts of housing assistance payments.
Explanation of program procedures to owners, including those who have been approached by
voucher holders.
Review of and action on requests for lease approval, including monitoring to assure that the
limitations on use of Section 8 Housing Assistance in subsidize projects are observed.
Making of housing assistance payments.
Provision of housing information to assisted families and referral of such families to
appropriate social service agencies upon request.
Re-examination of family income, composition, and extent of exceptional medical or other
unusual expenses, and redetermination, appropriate, of the amount of gross family
contributions and amount of housing assistance payment in accordance with HUD established
schedules and criteria.
Adjustment of the amount of tenant rent, utility reimbursement and housing assistance
payment as a result of an adjustment by the PHA of any applicable utility allowance.
Inspection prior to leasing and inspection; inspections at least annually determine that the
units are maintained in decent, safe, and sanitary condition, and notification to owners and
families of PHA determinations.
Administration and enforcement of contracts with owners and taking appropriate actions in
case of noncompliance or default.
Compliance by the Paducah Section 8 Housing office with equal opportunity requirements,
including efforts to provide composition, increase or decreases in medical (elderly) or child
care expenses, increases or decreases in family income during each contract year as they
occur.
2. Program Management
Location – Effective January 1, 2019, the Paducah Section 8 Housing office will be relocated
to offices at 2330 Ohio Street, which is the same complex as the Housing Authority of
Paducah.
The Housing Authority of Paducah shall provide management, training, oversight, and quality
control that results in the fulfillment of all obligations and requirements of the HCV program in
accordance with 24 CFR Part 982, as amended. Housing Authority of Paducah shall ensure
that all required documentation and reporting to the HUD are completed accurately and in a
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Part VII. ADMINISTRATION & EVALUATION - Program Management page 51
timely manner, including the Annual Administrative Plan and the 5-Year Administrative Plan as
required by HUD.
Housing Authority of Paducah’s website will provide a webpage about the HCV program.
However, the website information about HCV program will be maintained for 2 years on the
city’s website: http://www.paducahky.gov/section-8-housing-assistance
A new phone number will be established. However, to ensure a seamless transition for
customers and clients, current phone service (270-444-8542) will be forwarded to the new
phone number for 2 years.
Staffing
Program Administrator - The Executive Director of the Housing Authority of Paducah will be
the Program Administrator responsible for the general oversight of the HCV Section 8
programs.
Housing Coordinator – Supervises Housing Specialist(s) and Inspector(s) and is responsible
for:
Special programs (HUD-VASH and Scholar House including briefing of participants);
Portability requests and processing;
Ensuring the briefing of participants is thorough and complete;
SEMAP requirements;
Administrative Plan amendments, approvals and compliance (annual & 5-year);
Homeownership and FSS programs including promotion, bank relationship,
applications;
FMR and Utility Rate updates;
HUD reporting;
Fraud Investigations;
Hearings as requested;
Various reports and duties as directed by the Program Administrator.
Housing Specialist I/II- Responsible for:
Processing applications;
Certifications & recertifications of income & family composition, including use of EIV
system;
Issuing vouchers;
Processing, calculating of assistance payment (rent & utilities), and printing check
payments;
Processing move ins and outs, and transfers;
Preparing voucher utilization report for Coordinator;
Preparing and issuing various determination letters (No response, Income, Inspection
failure, Final Inspection failure, Reimbursement, Withdrawal, etc.);
Maintaining tenant and landlord database;
Prepare for audits and purging of files;
Maintaining current forms and office supplies;
Various reports and duties as directed by the Coordinator.
Inspector - HQS inspections are to be performed by a Housing Specialist, if trained in the
HUD HQS standards; or under contract with an appropriately trained private inspector; or the
Program Administrator. Inspector is responsible for:
o Verifying address location;
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VII. ADMINISTRATION & EVALUATION - page 52
o Inspecting units and approving only those units that meet HUD HQS standards and
local property maintenance codes;
o Explaining any deficiencies of a unit to the landlord and tenant;
o Completing inspection reports;
o Various reports and duties as directed by the Coordinator.
Board of Directors – Composition of the Board includes the Mayor of the City of Paducah as
the Chair of the Board, three tenant members, and three at large members.
3. Outreach
It shall be the policy of the Paducah Section 8 Housing office to aggressively promote the Section 8
Housing Choice Voucher, Family Self-Sufficiency (FSS) and Homeownership Option through public
service announcements, brochures, local radio and advertising in the local daily and weekly
newspapers. In addition, all public service agencies in the Paducah area will receive information
circulars describing these programs and who may receive benefits. Informational materials will be
circulated among local Realtors, private rental property owners, and rental property managers for the
purpose of soliciting participation. If additional listings are needed, staff members may go into the
community meet one-on-one with citizens or groups for the purpose of outreach.
The Paducah Section 8 office will actively promote the availability of housing assistance to eligible
applicants by contact with local media, brochures, and community organizations. In order to target the
"least likely to apply'' applicants, the Paducah Section 8 office will provide flyers and brochures to be
distributed through places of employment, union offices, neighborhood groups, churches, and
commercial establishments if there is a need for outreach demonstrated by our application pool.
4. Briefing Families, Issuing Housing Choice Vouchers
A. This PHA will provide brochures to each family, however, we believe it will be necessary to
give individual instructions (small groups when possible), in order that the program may be
properly explained. The staff will be available to discuss housing search problems during the
introductory search period.
B. Briefing documents to be included in each participant packet are as follows:
HOUSING CHOICE VOUCHER PACKET
Housing Voucher Utility Allowance
Request for Lease Approval
Required and Prohibited Lease Provisions
Lead Based Paint Information
Fair Housing Information and Complaint Form
Housing Assistance Payment Information
Informal Hearing Information
HQS Information
Federal Privacy Act Statement
Statement of Family Responsibilities
Security Deposit Information
A Guide to Housing Vouchers
Housing Voucher
EIV Applicant/Participant Information
5. Administrative Fee Reserve Expenditures
All expenditures from the administrative reserve of the Section 8 programs shall be housing related
and shall be approved by the City of Paducah Board of Commissioners.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VII. ADMINISTRATION & EVALUATION - Monitoring Program Performance page 53
6. Monitoring Program Performance
The Program Administrator will monitor and perform quality control audits on waiting list selection, rent
reasonableness, adjusted income determination, HQS enforcement, and HQS quality control as
required.
7. Purged Files
All participant tiles purged by this Agency will retain the original application made by the family and
will include the previous one year re-examination documentations and leasing contracts.
8. Fair Housing Policy and Equal Opportunity Housing Plan
Fair Housing Policy: The Fair Housing Policy of the Paducah Section 8 Housing office is to comply
fully with all Federal, State, and local nondiscrimination laws and in accordance with the rules and
regulations governing Fair Housing and Equal Opportunity in housing and employment and with the
Americans with Disabilities Act. Specifically, the PHA shall not on the basis of race, color, religion,
sex, handicap, familial status, and national origin, deny any family or individual the opportunity to
apply for or receive assistance under HUD's Section 8 Programs, within the requirements and
regulations of HUD and other regulatory authorities. To further its commitment to full compliance with
applicable Civil Rights laws, the PHA will provide access to information to Section 8 participants
regarding "discrimination". Also, this subject will be discussed during the briefing session and any
complaints will be documented and made part of the applicants/participants file.
For families and/or individuals who report apparent discrimination in obtaining assisted housing, the
Paducah Section 8 Housing office shall assist them by providing the family/individual with a HUD
Housing Discrimination Complaint Form, HUD - 903. The individual can complete this form and report
apparent discrimination to the Louisville HUB Office of Fair Housing and Equal Opportunity. For
example, a resident may be trying to obtain other rental housing and/or is attempting to purchase a
home and experiences apparent discrimination.
Equal Opportunity Housing Plan: The PHA is a participant in the tenant-based program and is
required to comply with equal opportunity requirements imposed by contract or federal law (Ref: 24
CFR 982.S4). This includes applicable requirements under:
The Fair Housing Act, 42 U. S. C. 3610-3619 (implementing regulations at 24 CFR parts 100,
et seq.);
Title VI of the Civil Rights Act of 1964, 42 U.S. C. 2000d (implementing regulations at 24 CFR
part l);
The Age Discrimination Act of 1975, 42 U. S. C. 6101-6107 (implementing regulations at 24
CFR, part 146);
Executive Order 11063, Equal Opportunity in Housing (1962), as amended, Executive Order
12259, 46 FR1253 (1980), as amended, Executive Order 12892, 59FR 2939 (1994)
(implementing regulations at 24 CFR, part 107);
Section 504 of the Rehabilitation Act of 1973, 29 U.S. C. 794 (implementing regulations at 24
CFR, part 8; and
Title II of the Americans with Disabilities Act, 42 U.S. C.12101, et seq.
Equal Opportunity Posting Requirements:
There shall be maintained in the PHA's office waiting room a bulletin board, which will accommodate
the following posted materials:
Statement of Policies and Procedures Governing the Section 8 Administrative Plan.
Open Occupancy Notice (Applications being Accepted and/or Not Accepted)
Income Limits for Admission.
Utility Allowances.
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VII. ADMINISTRATION & EVALUATION - Limited English Proficient (LEP) Policy page 54
Informal Review and Hearing Procedure.
Fair Housing Poster.
"Equal Opportunity in Employment" Poster.
9. Limited English Proficient (LEP) Policy
It is a policy of the City of Paducah Section 8 Housing Program (PHA) to take reasonable steps to
ensure meaningful access to PHA programs and activities by limited English proficient (LEP) persons,
taking into account the proportion of LEP persons in the eligible service population, the frequency with
which LEP individuals come in contact with the program, the nature and importance of the service
provided by the program, and the available resources.
In all housing programs it provides, PHA complies with applicable federal and state law, including,
without limitation:
Title VI of Civil Rights Act of 1964 and the implementing regulations at 24 CFR part 1,
''Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban
Development-Effectuation of Title VI of the Civil Rights Act of 1964''; Executive Order 13166.
In addition, PHA complies with the related rules, regulations and procedures prescribed under the
above-mentioned federal and state law.
Definition of LEP Person
Persons who do not speak English as their primary language and who have a limited ability to read,
write, speak, or understand English can be LEP.
Identifying LEP Individuals who Need Language Assistance
PHA shall take reasonable steps to identify LEP persons served or encountered using the following
methods:
Using the Census Bureau "I speak" cards to invite LEP persons to identify their language
needs to staff;
Posting notices in PHA office listing commonly encountered languages and notifying LEP
persons of available language assistance;
Requesting applicants and participants to list their primary language and need for interpreter
on applications and eligibility statements;
Tracking the LEP information electronically;
Language Assistance Measures
Types of Language Services Available
PHA shall take reasonable steps to provide oral and written language services as described in this
section. In determining what language services should be provided, PHA shall consider the following
factors:
A. The number or Proportion of LEP Persons Served or Encountered in the Eligible Service
Population
PHA shall examine its prior experiences with LEP encounters to determine the breadth and
scope of language services needed. PHA shall also consult other data to refine or validate
its prior experience, including the latest census data for the area served.
B. The Frequency With Which LEP Individuals Come Into Contact With the Program
PHA shall take reasonable steps to assess, as accurately as possible, the frequency of contact with
LEP persons from different language groups. The more frequent the contact with a particular
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VII. ADMINISTRATION & EVALUATION - Limited English Proficient (LEP) Policy page 55
language group, the more likely that enhanced language services in that language are needed. Less
frequent contact with different language groups may suggest a different and less intensified solution.
The Nature and Importance of the Program, Activity, or Service provided by the Program
The more important the activity, information, service, or program, or the greater the possible
consequences of the contact to the LEP persons, the more likely language services may be needed.
The Resources Available to PHA and Costs
While it is PHA's policy to take reasonable steps to provide meaningful access to PHA programs and
activities by LEP persons, the availability of resources may limit the provision of language services in
some instances "Reasonable steps" may cease to be reasonable where the costs imposed
substantially exceed the benefits. PHA shall explore the most cost-effective means of delivering
competent and accurate language services before limiting services due to resource concerns.
Oral Language Services (Interpretation)
PHA shall use contract interpreters and bilingual PHA or City of Paducah staff to provide the services.
Where LEP persons so desire, they can use, at their own expense, an adult interpreter of their own
choosing (whether a professional interpreter, family member, or friend) in place of or as a supplement
to the free language services offered by PHA. PHA may, at its discretion, choose to provide their own
Interpreter in addition to the one used by the family.
PHA shall take reasonable steps to ensure competency of the language service provider. When
providing oral language assistance, PHA shall use the following general criteria to ensure effective
communication with LEP persons:
Demonstrated proficiency in and ability to communicate information accurately in both English
and in the other language and identify and employ the appropriate mode of interpreting;
Knowledge in both languages of any specialized terms or concepts peculiar to PHA's program
or activity and of any particular vocabulary and phraseology used by the LEP person;
Understanding of and following confidentiality and impartiality rules;
Awareness of “regionalisms" used by the LEP person;
Understanding of and adherence to their role as interpreters without deviating into a role as
counselor, legal advisor, or other roles.
When interpretation is needed and is reasonable, it shall be provided in a timely manner so as to
avoid the effective denial of a benefit or service. Where access to or exercise of a benefit or service is
not effectively precluded by a reasonable delay, the language assistance may be reasonably delayed.
Written Language Services (Translation)
PHA shall take reasonable steps to provide written translations of vital documents that list program
rules and instructions for each eligible LEP language group that constitutes 5% or 28 persons,
whichever is less, of program applicants/participants. Whether or not a document (or information it
solicits) is vital may depend upon the importance of the program, information, encounter, or service
involved, and the consequence to the LEP person if the information in question is not provided
accurately or in a timely manner. For example, applications for certain recreational activities would not
generally be considered vital documents, whereas applications for housing could be considered vital.
All documents that require action from an applicant or participant shall include a statement in the
languages of eligible groups reading "Important information about your housing. If you need
assistance, please contact us immediately." PHA shall take reasonable steps to provide oral
interpretation of other documents, if needed.
For all documents available in the languages of eligible groups, the English version of the documents
shall include a statement on the bottom in the languages of eligible groups reading "This form is
available in (language) upon request."
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VII. ADMINISTRATION & EVALUATION - Limited English Proficient (LEP) Policy page 56
For LEP language groups that constitute less than of program applicants, participants or residents,
PHA will not translate written materials, but shall take reasonable steps to provide oral interpretation
of the written materials upon request.
As with oral interpreters, PHA will take reasonable steps to ensure competency of translators of
written documents. Where legal or other vital documents are involved, PHA shall make a reasonable
effort to use certified translators.
Telephone Services
When calls are received by an LEP applicant, participant or resident, PHA staff will make every effort
to determine the language being spoken by the caller. Calls will be forwarded to PHA or City staffs
who speaks the same language as the caller for assistance. If PHA or City staff is not available at the
time of the call, the caller will be requested to call back when an interpreter can be available. An
interpreter will be secured within a reasonable time frame.
On-Site Visitation
When an LEP applicant, participant or resident comes to the PHA office, PHA staff will make every
effort to determine the language being spoken by the caller by using the "I Speak" cards. If PHA or
City staffs who speak the language are available to assist the applicant, participant or resident, they
will do so, either in person or via telephone. If PHA or City staff is not available at the time of the visit,
the person will be requested to come back when an interpreter can be available. An interpreter will be
secured within a reasonable time frame.
Written Communications
Correspondence received in languages other than English will be translated by PHA or City staff who
speak the language, where available, or by PHA's contracted translation agency. Responses will be
translated into the same language as the letter that was received.
Training Staff
PHA will ensure that staff knows the obligation to provide meaningful access to information and
services to LEP persons. PHA will provide training to ensure that:
Staff is competent on LEP policies and procedures; and
Staff having contact with the public is trained to work effectively with interpreters.
The training will be included as a part of departmental orientation for new employees.
Staff will be provided with listing of forms available in languages other than English and with a list of
bilingual City staff.
Providing Notice to LEP Persons
PHA shall provide a notice to LEP persons of the availability of free language assistance that ensures
meaningful access to PHA's programs and services. Examples of notification may include:
Posting signs in common areas, offices, and anywhere applications are taken. The signs shall
be translated into the most common languages encountered;
Stating in outreach documents that language services are available. These statements shall
be translated into the most common languages encountered;
Working with grassroots and faith-based community organizations and other stakeholders to
inform LEP persons of PHA's services, including the availability of language assistance
services;
Monitoring and Updating LEP Plan
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VII. ADMINISTRATION & EVALUATION - Reduction of Families Due to Reduced Funding page 57
PHA will monitor the implementation of the LEP plan on an ongoing basis to determine whether new
documents, programs, services, and activities need to be made accessible for LEP persons. In
addition, PHA will review its LEP plan annually to evaluate the following information:
Proportion of LEP persons in the eligible service population;
Frequency of encounters with LEP language groups;
Nature and importance of activities to LEP persons;
Availability of resources;
Whether existing language assistance meets the needs of LEP persons;
Whether staff knows and understands LEP plan and its implementation.
10. Reduction of Families Due to Reduced Funding
In the event of a reduction of federal funding, the PHA will utilize a family reduction plan as follows:
A. Terminate HAP contracts for families that are receiving the least rental assistance not to
exceed 5% of total families assisted, if reduction is not adequate;
B. Terminate HAP contracts for families based upon the most recent executed rental agreements
to the extent that remedies reduction forecast.
C. All terminated families due to reduced funding will be offered preference placement on waiting
list to be re-assisted when adequate funding exist.
* * * * *
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
Part VIII. MANAGEMENT ASSESSMENT OBJECTIVES - Reduction of Families Due to Reduced Funding page 58
Part VIII. MANAGEMENT ASSESSMENT OBJECTIVES
The Paducah Section 8 Housing office policies and practices are consistent with the areas of
measurement for the following HUD SEMAP indicators.
Selection from the Waiting List
Reasonable Rent
Determination of Adjusted Income
Utility Allowance Schedule
HQS Quality Control Inspections
HQS Enforcement
Expanding Housing Opportunities
FMR/exception rent & Payment Standards
Annual Re-examinations
Correct Tenant Rent Calculations
Pre-Contract HQS Inspections
Annual HQS Inspections
Lease-up
Family Self-Sufficiency Enrollment and Escrow Account Balances
A qualified person will perform supervisory quality control reviews on the following SEMAP indicators:
Selection from the waiting list
Rent reasonableness
Determination of adjusted income
HQS Enforcement
HQS Quality Control
Annual Re-examinations
Correct Tenant Rent Calculations
Pre-Contract HQS Inspections
The annual sample of files and records will be drawn in an unbiased manner that is documented.
The minimum sample size to be reviewed for each SEMAP indicator is provided in 24 CFR Part 985,
and will relate directly to each factor.
******
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
APPENDIX: 2020 Fair Market Rates and Income Limits - page 59
APPENDIX: 2020 Fair Market Rates and Income Limits
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
APPENDIX: 2020 Utility Allowances - Single-family / Manufactured Home page 60
APPENDIX: 2020 Utility Allowances
1. Single-family / Manufactured Home
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
APPENDIX: 2020 Utility Allowances - Walk-up / Multi-family page 61
2. Walk-up / Multi-family
2021 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2021
APPENDIX: 2020 Utility Allowances - Duplex / Townhouse page 62
3. Duplex / Townhouse
________________________________________________________________________________________________________________________
Previous version is obsolete Page 1 of 1 form HUD-50077-CR (2/2013)
Civil Rights Certification
(Qualified PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0226
Expires 02/29/2016
Civil Rights Certification
Annual Certification and Board Resolution
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official, I approve the submission of the 5-Year PHA Plan for the PHA of which this document is a part, and make the
following certification and agreements with the Department of Housing and Urban Development (HUD) in connection with the
submission of the public housing program of the agency and implementation thereof:
The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of
the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of
the Americans with Disabilities Act of 1990, and will affirmatively further fair housing by examining their
programs or proposed programs, identifying any impediments to fair housing choice within those program,
addressing those impediments in a reasonable fashion in view of the resources available and working with local
jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require
the PHA’s involvement and by maintaining records reflecting these analyses and actions.
___________________________________________________________________________________
PHA Name PHA Number/HA Code
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.Warning:HUD will
prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date
Previousversionisobsolete Page1of2 form HUD-50077 (4/2008)
PHACertificationsofCompliance
with PHA Plans and Related
R e g u l a t i o n s
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMBNo.2577-0226
Expires 08/30/2011
PHACertificationsofCompliancewiththePHAPlansandRelatedRegulations:
Board Resolution to Accompany the PHA5-Year and Annual PHA Plan
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or___ Annual PHA
PlanforthePHAfiscalyearbeginning,hereinafterreferred toas”thePlan”,ofwhichthisdocumentisapartand
makethefollowingcertificationsandagreementswiththe DepartmentofHousingandUrban Development(HUD)inconnection with
thesubmissionofthe Planandimplementationthereof:
1.The Planisconsistent withthe applicable comprehensive housingaffordabilitystrategy(orany planincorporatingsuch
strategy) for the jurisdiction in which the PHA is located.
2.The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impedimentsto Fair Housing
Choice, forthe PHA'sjurisdiction and a description of the manner in which the PHA Plan is consistent withthe applicable
Consolidated Plan.
3.The PHA certifiesthat there has been no change, significant or otherwise,to the Capital Fund Program (and Capital Fund
Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital
Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if
there is no change.
4.The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by
the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or
Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the
Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
5.The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45
days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and
invited public comment.
6.The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.
7.The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any
impedimentstofair housingchoice withinthose programs,addressthose impedimentsina reasonable fashionin view ofthe
resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further
fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions.
8.For PHA Plan that includes a policy for site based waiting lists:
The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner
(as specified in PIH Notice 2006-24);
The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in
which to reside, including basic information about available sites; and an estimate of the period of time the applicant
would likely have to wait to be admitted to units of different sizes and types at each site;
Adoption of site-based waiting list would not violate any court order orsettlement agreement or be inconsistent with a
pending complaint brought by HUD;
The PHA shall take reasonable measuresto assure that such waiting list is consistent with affirmatively furthering fair
housing;
The PHA provides forreview ofitssite-based waitinglist policyto determine ifitisconsistent withcivil rightslawsand
certifications, as specified in 24 CFR part 903.7(c)(1).
9.The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act
of 1975.
10.The PHAwillcomplywiththe Architectural BarriersActof1968and24CFR Part 41,PoliciesandProceduresforthe
Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
11.ThePHAwillcomplywiththerequirementsofsection3oftheHousingandUrbanDevelopmentActof1968,Employment
Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
12.The PHAwillcomplywithacquisitionandrelocationrequirementsoftheUniformRelocationAssistanceandReal Property
Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.
Previousversionisobsolete Page2of2 form HUD-50077 (4/2008)
13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24
CFR 5.105(a).
14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry
out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58
or Part 50, respectively.
15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under
Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act ,the Residential Lead-Based Paint Hazard
Reduction Act of 1992, and 24 CFR Part 35.
18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State,
Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments).
19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is
available for public inspection. All required supporting documents have been made available for public inspection along with
the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified
by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
21. The PHA provides assurance as part of this certification that:
(i)The Resident Advisory Boardhadan opportunitytoreviewandcomment onthe changesto the policiesand programs
before implementation by the PHA;
(ii)The changes were duly approved by the PHA Board of Directors (or similar governing body); and
(iii)The revised policies and programs are available for review and inspection,at the principal office of the PHA during
normal business hours.
22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements.
PHA Name PHA Number/HA Code
5-Year PHA Planfor FiscalYears 20 - 20
Annual PHA Planfor FiscalYears 20 - 20
Iherebycertifythatalltheinformationstatedherein,aswellasanyinformationprovidedintheaccompanimentherewith,istrueandaccurate.Warning:HUDwill
prosecutefalseclaimsandstatements. Convictionmayresultincriminaland/orcivilpenalties.(18U.S.C.1001,1010,1012;31U.S.C.3729,3802)
NameofAuthorizedOfficial Title
Signature Date
Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016
Page 1 of 4 form HUD-50075-HCV (12/2014)
Purpose.The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning
the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and
objectives for serving the needs of low- income, very low- income, and extremely low- income families
Applicability.Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA,
Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual
PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1)High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a
high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP)
assessments if administering both programs, or PHAS if only administering public housing.
(2)Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public
housing units and any number of vouchers where the total combined units exceeds 550.
(3)Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP
assessment, and does not own or manage public housing.
(4)Standard PHA -A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and
that was designated as a standard performer in the most recent PHAS and SEMAP assessments.
(5)Troubled PHA -A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent.
(6)Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.
A.PHA Information.
A.1 PHA Name: _____________________________________________________________________PHA Code: _______________
PHA Plan for Fiscal Year Beginning: (MM/YYYY): ______________
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above)
Number of Housing Choice Vouchers (HCVs)_________________
PHA Plan Submission Type:Annual Submission Revised Annual Submission
Availability of Information.In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing
and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may
reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined
submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly
encouraged to post complete PHA Plans on their official website.
PHA Consortia: (Check box if submitting a joint Plan and complete table below)
Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the
Consortia No. of Units in Each Program
Lead HA:
Page 2 of 4 form HUD-50075-HCV (12/2014)
B.Annual Plan.
B.1 Revision of PHA Plan Elements.
(a)Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?
Y N
Housing Needs and Strategy for Addressing Housing Needs.
Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b)If the PHA answered yes for any element,describe the revisions for each element(s):
B.2 New Activities
(a)Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year?
Y N Project Based Vouchers.
(b)If this activity is planned for the current Fiscal Year,describe the activities.Provide the projected number of project-based units and general
locations,and describe how project-basing would be consistent with the PHA Plan.
B.3 Most Recent Fiscal Year Audit.
(a)Were there any findings in the most recent FY Audit?
Y N N/A
(b)If yes,please describe:
B.4 Civil Rights Certification
Form HUD-50077 PHA Certifications of Compliance with the PHA Plans and Related Regulations,must be submitted by the PHA as an electronic
attachment to the PHA Plan.
B.5 Certification by State or Local Officials.
Form HUD 50077-SL Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the
PHA as an electronic attachment to the PHA Plan.
B.6 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.
B.7 Resident Advisory Board (RAB) Comments.
(a)Did the RAB(s)provide comments to the PHA Plan?
Y N
(a)If yes,comments must be submitted by the PHA as an attachment to the PHA Plan.PHAs must also include a narrative describing their
analysis of the RAB recommendations and the decisions made on these recommendations.
Page 3 of 4 form HUD-50075-HCV (12/2014)
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV Only PHAs
___________________________________________________________________________
A. PHA Information.All PHAs must complete this section.(24 CFR §903.23(4)(e))
A.1 Include the full PHA Name,PHA Code,PHA Type,PHA Fiscal Year Beginning (MM/YYYY),Number of Housing Choice Vouchers (HCVs),
PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed
PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))
B. Annual Plan.All PHAs must complete this section. (24 CFR §903.11(c)(3))
B.1 Revision of PHA Plan Elements.PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes”
box. If an element has not been revised, mark “no."
Housing Needs and Strategy for Addressing Housing Needs.Provide a statement addressing the housing needs of low-income, very low-income
families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the
housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with
disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the
applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues
of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1)and 24 CFR §903.7(a)(2)(i)).Provide a description of
the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year.24 CFR §903.7(a)(2)(ii)
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.A statement of the PHA’s policies that govern resident
or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b))
Financial Resources.A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA
HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based
assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the
resources. (24 CFR §903.7(c))
Rent Determination.A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance,
discretionary minimum tenant rents , and payment standard policies.(24 CFR §903.7(d))
Operation and Management.A statement that includes a description of PHA management organization, and a listing of the programs administered
by the PHA. (24 CFR §903.7(e)(3)(4)).
Informal Review and Hearing Procedures.A description of the informal hearing and review procedures that the PHA makes available to its
applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the
agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.A description of any PHA
programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the
PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided
or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of
1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the
FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of
section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).
Substantial Deviation.PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))
Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and
Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or
modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs.
See guidance on HUD’s website at:Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii))
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
B.2 New Activity.If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the
current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake
this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937.
Project-Based Vouchers (PBV).Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of
project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.
Page 4 of 4 form HUD-50075-HCV (12/2014)
B.3 Most Recent Fiscal Year Audit.If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those
findings in the space provided. (24 CFR §903.11(c)(3),24 CFR §903.7(p))
B.4 Civil Rights Certification.Form HUD-50077,PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the
PHA as an electronic attachment to the PHA Plan.This includes all certifications relating to Civil Rights and related regulations. A PHA will be
considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any
impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works
with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is
consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o))
B.5 Certification by State or Local Officials.Form HUD-50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the
Consolidated Plan,including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA
as an electronic attachment to the PHA Plan. (24 CFR §903.15)
B.6 Progress Report.For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in
meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3),24 CFR §903.7(r)(1))
B.7 Resident Advisory Board (RAB) comments.If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to
the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c),24 CFR §903.19)
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937,
as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and
requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of
low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents
are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12,
U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to
obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Acceptance of an Emergency Solutions Grant (ESG-CV) for Emergency Shelter in the amount of
$31,500 through the Kentucky Housing Corporation - T WILSON
Category: Municipal Order
Staff Work By: Ty Wilson
Presentation By: Ty Wilson
Background Information: In response to the novel coronavirus pandemic (COVID-19), the U.S. Congress
passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in March 2020, which provided
a supplemental appropriation of Homeless Assistance Grants under the Emergency Solutions Grant (ESG)
Program (24 CFR 576). These funds (ESG-CV) must be used to prevent, prepare for, and respond to COVID-
19 among individuals and families who are homeless or receiving homeless assistance and to support additional
homeless assistance and homelessness prevention activities to mitigate the impacts created by the virus.
Kentucky Housing Corporation (KHC) is the recipient of ESG-CV funds for Kentucky’s non-entitlement areas.
KHC invites eligible applicants within Kentucky’s 118-county Balance of State Continuum of Care (KY BoS
CoC) to request funding for activities authorized under the ESG Emergency Shelter (ES) component (24 CFR
576.102) of the ESG Interim Rule. This application is not for Rapid Rehousing (RRH), Prevention, or Street
Outreach components. As part of this application, applicants may request funds for the Homeless Management
Information System component (HMIS) as well as Administrative activities (Admin) to support ES
implementation.
The City of Paducah has been awarded an ESG-CV Grant in the amount of $31,500 to act as a pass-through for
the Community Kitchen. $1,500 will be used for Community Kitchen to become registered and to operate the
Kentucky Homeless Management Information System (KYMIS) and the rest will be put towards hotel/motel
vouchers. There is no match requirement.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: There are no communication plans at this time
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize and direct the Mayor to execute all required grant acceptance
documents.
Attachments:
1.MO award-ESG-CV Community Kitchen 2021
2.Paducah 2020 ESG-CV ES GA CV-ES20-0198-01
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER ACCEPTING A 2021 EMERGENCY SOLUTIONS
GRANT (ESG-CV) FOR EMERGENCY SHELTER IN THE AMOUNT OF $31,500
THROUGH THE KENTUCKY HOUSING CORPORATION ON BEHALF OF COMMUNITY
MINISTRIES, INC., d/b/a COMMUNITY KITCHEN, FOR COVID-19 RELATED
HOMELESS EXPENSES EXPENDITURES AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME
WHEREAS, The City of Paducah authorized the submission of an application for
a 2021 Emergency Solutions Grant through the Kentucky Housing Corporation by Municipal
Order No. 2440; and
WHEREAS, the Kentucky Housing Corporation has now awarded the grant in the
amount requested.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby accepts the 2021 Emergency
Solutions Grant (ESG-CV) through the Kentucky Housing Corporation in an amount of $31,500
on behalf of Community Ministries, Inc. d/b/a Community Kitchen for COVID-19 related
expenses. No local or in-kind match is required.
SECTION 2. That the City of Paducah hereby authorizes the execution of all
documents to accept the grant award as approved in Section 1 above.
SECTION 3. This order shall be in full force and effect from and after the date
of its adoption.
____________________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 27, 2021
Recorded by Lindsay Parish, City Clerk, April 27, 2021
\mo\grants\award-ESG-CV Community Kitchen 2021
2020 ESG CV Program Grant Agreement 1
2020 KENTUCKY EMERGENCY SOLUTIONS GRANT CARES ACT (ESG-CV) PROGRAM
GRANT AGREEMENT
Paducah-ESG CV-ES-2020
CV-ES20-0198-01
THIS GRANT AGREEMENT ("Agreement") is made and entered into by and between KENTUCKY
HOUSING CORPORATION, a de jure municipal corporation and political subdivision of the
Commonwealth of Kentucky, 1231 Louisville Road, Frankfort, Kentucky 40601 ("KHC") and CITY OF
PADUCAH, a Kentucky municipality, 300 South 5th Street, Paducah, KY 42003 (“Subrecipient”), and
shall be in existence from March 1, 2021 to September 30, 2021.
WITNESSETH:
WHEREAS, Congress appropriated additional ESG funds under the Coronavirus Aid, Relief, and
Economic Security Act, Pub. Law 116-136 (“CARES Act”), as part of its response to the COVID-19
pandemic. HUD has allocated a portion of the ESG funds under the CARES Act (“ESG-CV Funds”) to
KHC under a formula process, providing additional funding for KHC as the State ESG Recipient to
distribute to qualified Subrecipients. Subrecipients awarded ESG-CV Funds will use those funds to
maintain operations and provide services opportunities for rental assistance, supportive services, and other
necessary actions, that prevent, prepare for, and respond to the COVID-19 pandemic, in accordance with
the CARES Act, 24 C.F.R. Part 576, and any current and additional HUD guidance; and
WHEREAS, pursuant to Title IV of the McKinney-Vento Homeless Assistance Act (42. U.S.C.
11371 et seq.), as amended by the HEARTH Act of 2009, the Department of Housing and Urban
Development (HUD) is authorized to make grants to States, metropolitan cities, urban counties, and
territories for the implementation of the Emergency Solutions Grants (“ESG”) Program;
WHEREAS, the ESG Program must be implemented in consultation with the Continuum of Care
(“CoC”) Program in order to facilitate coordination and foster efficient use of resources; and
WHEREAS, HUD has allocated ESG Program Funds to KHC to distribute to qualified
Subrecipients in the Commonwealth of Kentucky contingent upon its approval of the state’s Consolidated
Plan; and
WHEREAS, KHC desires to make these funds available to Subrecipient under the terms and
conditions of this Agreement for the Project described below.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the
parties AGREE as follows:
SECTION I
DEFINITIONS
As used herein, all terms will have the same meaning as defined in 24 CFR §576, including the
following:
a) “At risk of homelessness” is defined in 24 CFR Section 576.2 and is distinct from the “homeless
definition” included in the same Section.
b) “Continuum of Care (CoC)” means the group composed of relevant organizations that are
organized to plan for and provide a system of outreach, engagement, assessment, emergency
shelter, rapid re-housing, transitional housing, permanent housing, and prevention strategies to
2020 ESG CV Program Grant Agreement 2
address the needs of homeless persons and persons at risk of homelessness for a specific
geographic area. 24 CFR Section 576.2 and Part 578.
c) “Conversion” means a change in the use of a building to an emergency shelter for the homeless
under this part, where the cost of conversion and any rehabilitation costs exceed 75 percent of the
value of the building after conversion. 24 CFR Section 576.102.
d) “Emergency shelter” means any facility, the primary purpose of which is to provide temporary
shelter for the homeless in general or for specific populations of the homeless and which does not
require occupants to sign leases or occupancy agreements. 24 CFR Section 576.2.
e) “Essential services” as related to street outreach or an emergency shelter is defined in 24 CFR
Section 576.101(a) and 24 CFR Section 576.102(a)(1).
f) “Homeless” is defined in 24 CFR Section 576.2 The “homeless” definition includes Paragraphs
(also referred to as “Categories”) (1), (2), (3), and (4). The “homeless” definition is distinct from
the definition of “At risk of homelessness” also defined in 24 CFR Section 576.2.
g) “Homeless Management Information System (HMIS)” means the information system designated
by the Continuum of Care to comply with HUD’s data collection, management, and reporting
standards and used to collect client-level data and data on the provision of housing and services
to homeless individuals and families and persons at risk of homelessness. 24 CFR Section 576.2.
h) “Homelessness prevention” means provision of housing relocation and stabilization services and
short-and/or medium-term rental assistance necessary to prevent an individual or family from
moving into an emergency shelter or another place described in Paragraph (1) of the “Homeless”
definition in 24 CFR Section 576.2. Homelessness prevention may be provided to individuals
and families who meet the criteria under the “at-risk of homelessness” definition of who meet the
criteria in paragraph (2), (3), or (4) of the “homeless” definition in 576.2 and have an annual
income below 30 percent of the median family income for the area, as determined by HUD. 24
CFR Section 576.103.
i) “Major rehabilitation costs” and corresponding minimum use period are defined in 24 CFR
Section 576.102.(c)(1)(i).
j) “Program component” refers to the type of ESG project (i.e., Street Outreach, Emergency Shelter,
Homelessness Prevention, Rapid Rehousing, and HMIS) in which funds can be used. 24 CFR
576.101-104; 107. It is important to understand the distinctions between program components as
both activities (i.e., allowed costs) and participant eligibility differ.
k) “Renovation eligible costs” is defined to include labor, materials, tools, and other costs as defined
in 24 CFR Section 576.102(a)(2).
Subrecipient shall be responsible for monitoring and tracking any federal regulatory changes regarding
the ESG Programs. In the case of any conflict between the regulatory terms and those terms defined here,
the regulatory terms shall control.
Any term not expressly defined herein or by federal regulation shall have its commonly accepted meaning.
SECTION II
ESG PROGRAM OBJECTIVES
The objectives of the ESG program are for the rehabilitation or conversion of buildings for use as
emergency shelter for the homeless, for the payment of certain expenses related to operating emergency
shelters, for essential services related to emergency shelters and street outreach for the homeless, and for
homelessness prevention and rapid rehousing assistance.
2020 ESG CV Program Grant Agreement 3
SECTION III
GRANT FUNDS; THE PROJECT
3.1 Grant Amount. Pursuant to the terms of this Agreement, KHC grants Thirty -One
Thousand, Five Hundred Dollars and zero cents ($31,500.00) to Subrecipient from ESG Program
Funds (“Grant Funds”). KHC will disburse Grant Funds to Subrecipient upon HUD’s approval of the
state Consolidated Plan, Subrecipient’s performance of the items set forth in Section IV of this Agreement,
and Subrecipient’s continued satisfactory performance under the terms of this Agreement.
3.2 Eligible Activity. As set forth in 24 CFR 576.100-576.109, Subrecipient may only utilize
Grant Funds for the following five program components: Street Outreach, Emergency Shelter,
Homelessness Prevention, Rapid Rehousing assistance, and HMIS; as well as Administrative activities.
This grant is being made based upon the information provided by Subrecipient and ESG-CV allocation
plan determined by KHC to prevent, prepare for and respond to the spread of COVID-19. The sole purpose
of this grant is and shall be for the activities as fully described in Subrecipient’s response to the Notice of
Funding Availability (“NOFA”) for Emergency Shelter activities, or KHC’s ESG-CV Rapid Re-Housing
Written Standards and Program Implementation Guidance document incorporated herein by
reference. Subrecipient’s Grant Funds may only be used for the following activities:
Administration, HMIS, and Emergency Shelter in McCracken County. If applicable, Subrecipient
shall ensure that any building that undergoes renovation, conversion or major rehabilitation utilizing any
portion of Grant Funds meets local government safety and sanitation standards.
3.3 Administrative Costs. The amount of the Grant Funds which may be utilized for
administrative costs associated with the Project shall be determined upon KHC’s approval of
Subrecipient’s Revised Budget as described in Section IV below. At no time shall Subrecipient’s
administrative costs exceed 5 percent of the total allocation of Grant Funds.
3.4 Ineligible Activities. Subrecipient acknowledges and warrants that Grant Funds may not
and will not be utilized for ineligible activities, including activities other than those specified as Eligible
Activities in 24 CFR §576.101-576.109. If Subrecipient is a religious or faith-based organization, it shall
comply with the provisions of 24 CFR §576.406, including but not limited to, the prohibitions against (a)
engaging in inherently religious activities as part of the programs or services funded under ESG, (b)
discriminating against a program participant or prospective participant on the basis of religion, and (c)
using ESG funds for the rehabilitation of structures utilized for inherently religious activities.
3.5 Essential Services and Operating Costs. If ESG funds are used for shelter operations or
essential services related to street outreach or an emergency shelter, the Subrecipient shall provide services
or shelter to homeless individuals and families for the period during which the ESG assistance is provided,
without regard to a particular site or structure, so long as the site or structure serves the same type of
persons originally served with the assistance (e.g. families with children, unaccompanied youth, veterans,
disabled individuals, or victims of domestic violence) or serves homeless persons in the same geographic
area where the recipient or subrecipient originally provided the services or shelter.
3.6 Eligible Participants. Subrecipient acknowledges that Grant Funds will be utilized to assist
only those persons eligible for assistance as applicable for each specific program component type under
federal ESG Program regulations (24 CFR §§576.1 – 576.501), including homeless persons as they are
currently designated by federal statute and regulation. Youth aged 24 and under seeking assistance shall
not be required to provide third party documentation to establish their eligibility under 42 U.S.C. 11302(a)
or (b) to receive services. Unaccompanied youth aged 24 and under or families headed by youth aged 24
and under who are living in unsafe situations may be served by youth-serving providers.
2020 ESG CV Program Grant Agreement 4
3.7. Matching Funds. Matching funds are waived under ESG-CV.
SECTION IV
REQUIREMENTS FOR DISBURSEMENT
4.1 Disbursement of Grant Funds. This grant will be funded upon receipt by KHC of the
following:
(i) an executed original of this Agreement on or before April 30, 2021;
(ii) a State Clearinghouse approval;
(iii) an Environmental Review approval, if applicable;
(iv) receipt and approval of a Revised Budget from Subrecipient which outlines the revised
budget for use of Grant Funds under this Agreement;
(v) a Certification of Financial Management System;
(vi) a completed Authorized Signature Form;
(vii) a copy of agency's approved authorized signatory plan;
(viii) Subrecipient’s signed Certification and Assurances document, included herein as Exhibit
A;
(ix) for projects which involve rehabilitation, either an appraisal of the property or a statement
of the assessed valuation of the property from the Property Valuation Administrator in the
county where the property is located; and
(x) an approved Civil Rights Title VI Plan.
4.2 Continued Affordability. Property assisted with Grant Funds that is renovated (other than
major rehabilitation or conversion) and used for one or more Eligible Activities shall be restricted to use
as an Emergency Shelter for three (3) years from the date funds are obligated. The three-year minimum-
use requirement can be accomplished by filing a certificate of use with KHC each year. Any property
assisted with Grant Funds which is used for major rehabilitation or conversion of existing buildings must
be restricted to use as an Emergency Shelter for ten (10) years from the date of initial occupancy. The
ten-year minimum-use requirement must be accomplished by the recording, in the county clerk’s office,
of a deed or use restriction reflecting this requirement.
4.3 Grant Funding Costs. Regardless of whether Grant Funds are disbursed under this
Agreement, all costs associated with the funding of this grant shall be borne by the Subrecipient, including
but not limited to, the cost of documentation, recording fees, and costs associated with disbursement.
4.4 Contingency. Subrecipient’s ability to draw funds under this Agreement is also contingent
upon HUD’s final approval of the state Consolidated Plan and final allocation of funds to KHC for
Subrecipient’s Project. In the event that HUD determines not to allocate funds under this Agreement,
KHC’s obligation to allocate funds to Subrecipient under this Agreement ceases.
4.5 Obligation of Grant Funds. The term of this Grant is seven (7) months from March 1,
2021. All Grant Funds must be expended by September 30, 2021. KHC reserves the right to reallocate
funds at any time based on expenditure rates. Additionally, commencement of the Project for which Grant
Funds have been allocated must occur by May 1, 2021.
4.6 Draws. Grant Funds may be requested on a weekly basis but must be requested at least
every 30 days. Subrecipient must submit a final draw by a date to be decided by KHC.
2020 ESG CV Program Grant Agreement 5
SECTION V
ROLES OF THE PARTIES
5.1. KHC Responsibilities. Notwithstanding KHC’s decision to distribute Grant Funds to
Subrecipient, KHC is responsible for ensuring that Grant Funds are used in accordance with the ESG
program requirements and written agreements, and for taking appropriate action when performance
problems arise within KHC’s jurisdiction.
5.1.1. Right to Monitor. KHC shall have the right to monitor Subrecipient’s compliance with
all applicable federal and state legal requirements by whatever means KHC deems appropriate. KHC
reserves the right to conduct a compliance review at any time during the term of the ESG grant. This
review will cover such items as quality of housing and services, financial statements, recordkeeping, files
and adherence to program policies and procedures. After the compliance review, Subrecipient will receive
a written response to any issues discussed during the review. These issues will be divided into findings
(issues which affect program regulations or federal and state laws) and observations (issues which do
not). Subrecipient must respond in writing to all findings within 30 days of receipt of a written response
from KHC. Should KHC find a material default or noncompliance with this Agreement and, as a result
thereof, cease disbursement of Grant Funds, then KHC shall incur no liability to Subrecipient.
5.2. Subrecipient Responsibilities and Indemnification. Subrecipient shall administer the
Project in a manner satisfactory to KHC, consistent with the consolidated plan, all standards required by
KHC, and all applicable federal statutes and regulations. Subrecipient certifies that the activities carried
out with Grant Funds will meet the objectives and requirements under which the Grant Funds have been
allocated to the Project.
5.2.1. Eligible Activities. Subrecipient shall expend Grant Funds in strict compliance with the
eligible activities enumerated in Section 3.2.
5.2.2. Indemnification for Noncompliance. Subrecipient agrees to defend, indemnify, and
hold KHC harmless against all liability, claims, demands, actions, cause of actions, losses, damages, costs
and expenses, including reasonable attorneys’ fees, arising from any act or omission by, or negligence of
Subrecipient while engaged in the Project. Subrecipient’s failure to be informed of any requirement
related to the ESG Program shall be considered negligence. KHC may choose its own legal counsel and
Subrecipient shall pay all costs and expenses therefore. In the event HUD disallows any Project cost paid
in whole or in part with Grant Funds, Subrecipient shall indemnify and hold KHC harmless against any
resulting loss, including reasonable attorneys’ fees.
5.2.3. Conflicts of Interest. Subrecipient agrees to comply with all requirements of 24 CFR
Section 576.404 regarding organizational conflicts of interest, individual conflicts of interest, and other
prohibited conflicts of interest. Subrecipient must maintain a written conflict-of-interest policy governing
the performance of all persons engaged in the award and administration of the Grant Funds. No person,
employee, agent, consultant, officer, or elected official or appointed official of Subrecipient who exercises
or has exercised any function or responsibilities with respect to activities assisted with Grant Funds or
who is in a position to participate in a decision-making process or to gain inside information with regard
to those activities, may obtain a financial interest or benefit from a Grant Funded-activity, or have an
interest in any contract or subcontract or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or for one (1)
year thereafter. Upon written request to KHC, HUD may grant an exception to the provisions of this
Section on a case-by-case basis when it determines that the exception will serve to further the purposes of
the Grant Funds and the effective and efficient administration of the Subrecipient’s eligible activities.
Subrecipient must provide a copy of its written conflict of interest policy upon KHC’s request.
2020 ESG CV Program Grant Agreement 6
5.2.4. Privacy Protection: Subrecipient must establish and adhere to a written policy for the
protection of non-public personal information collected in the course of Subrecipient’s activities under
this Agreement. KHC shall have the right to review this policy and to require additional measures to
ensure adequate protection of such private information. Review shall be limited to whether such policy
complies with KHC’s requirements. In no event may any statement by KHC be construed as an opinion
on whether a privacy policy complies with the requirements of any law, regulation, institution, government
or court. Nor may any statement by KHC be used by Subrecipient, without KHC’s prior written consent,
for any purpose whatsoever, except as necessary to correct or improve Subrecipient’s practices. This
Privacy Protection clause shall survive this Agreement and the Subrecipient shall continue to protect all
such non-public personal information after the termination of this Agreement.
5.2.5. Compliance with Federal Law. Subrecipient hereby certifies that it currently complies
with all federal regulations pertaining to the Project and, throughout the term of this Agreement shall
continue to comply with any applicable Notice of Funding Availability and all pertinent federal statutes
and regulations pertaining to the Project; the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (“URA”) at 42 USC §§4601-4655 (and as described in 24 CFR
§576.408); nondiscrimination and equal opportunity requirements as noted in 24 CFR §576.407; the Age
Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; Title VI of the Civil Rights
Act of 1964; Title I, Section 109, of the Housing and Community Development Act of 1974; Executive
Orders 11063, 11246, 12892, 11625, 12432, and 12138, as amended; Equal Employment Opportunity; all
federal and state labor statutes and regulations; Section 3 of the Housing and Urban Development Act of
1968, Minority Business Enterprises, Minority Business Enterprises Development and Women’s Business
Enterprises; the Fair Housing Act (and 24 CFR, Part 5, Subpart A), the Rehabilitation Act of 1973; Title
II of the Americans with Disabilities Act; the Architectural Barriers Act of 1968; all applicable Federal,
state and local environmental laws and regulations; the Flood Disaster Protection Act of 1973; Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part
200); Lead-Based Paint Poisoning Prevention Act; conflict-of-interest statutes and regulations and Other
Federal Requirements set forth in 24 CFR Part 576. KHC hereby assigns and Subrecipient accepts
responsibility for all lead-based paint requirements of 24 CFR Part 35.
5.2.6 Equal Access and Gender Identity. Subrecipient shall adhere to HUD’s Rule entitled
Equal Access to Housing HUD Programs Regardless of Sexual Orientation or Gender Identity, effective
March 5, 2012 (Equal Access Rule), and codified at 24 CFR Parts 5, 200, 203, 236, 400, 570, 574, 882,
891, and 982. In compliance with 24 CFR. Section 5.105, the Subrecipient shall ensure that HUD-assisted
housing shall be made available without regard to actual or perceived sexual orientation, gender identity,
or marital status. Neither Subrecipient nor any of its agents shall inquire about the sexual orientation or
gender identity of an applicant for or of an occupant of HUD-assisted housing for the purpose of
determining eligibility for such housing or otherwise making such housing available. In addition,
Subrecipient shall not discriminate based upon race, national origin, color, religion, sex, age, disability or
familial status. Subrecipient shall also adhere to HUD’s Rule entitled Equal Access in Accordance with
an Individual’s Gender Identity in Community Planning and Development Programs, effective October
21, 2016 (Gender Identity Rule, 24 CFR Part 5.106), which further addresses how transgender and gender
non-conforming individuals should be accommodated in temporary, emergency shelters, and other
buildings used for shelter that have shared sleeping and/or bathing facilities.
5.2.7. Program Compliance. In addition to complying with applicable civil rights laws, HUD
regulations and all other laws and regulations, whether Federal, state or local, which may be applicable to
Subrecipient or this Agreement, Subrecipient shall:
i. assure participants are provided with a termination of assistance policy;
2020 ESG CV Program Grant Agreement 7
ii. assure that participants are provided with a written grievance policy;
iii. assure participants are provided with notification of Rights to Fair Housing;
iv. assure the confidentiality of all participant records except as authorized by written
approval of the client or as otherwise authorized by law;
v. involve to the maximum extent possible, homeless and formerly homeless persons in
program development;
vi. ensure the eligibility of all program participants per 24 CFR 576;
vii. provide appropriate materials in a timely fashion for each program report;
viii. maintain adequate written personnel policies and program procedures; and
ix. ensure project meets all requirements outlined within Subrecipient’s signed Certifications
and Assurances document, included herein as Exhibit A,
5.2.8 Programmatic Changes. Subrecipient shall promptly notify KHC in writing in the event
of anticipated changes in key personnel and obtain the prior written approval of KHC whenever any of
the following actions is anticipated: (i) any revision in the scope or objectives of the Project; (ii) any need
to extend the period of availability of the Grant Funds; (iii) any revision in the budget for the Project; or
(iv) obtaining the services of a third party to perform activities which are central to the purposes of this
Agreement, which are material to the management or completion of the Project, or which could be
construed by KHC as an assignment of Subrecipient’s rights and responsibilities under this Agreement.
5.2.9. HUD Homeless Management Information Systems (“HMIS”) Data
Standards. Subrecipient shall comply with all HUD HMIS data standards and all other data standards
required by KHC and/or the CoC Advisory Board. Subrecipient shall fully and properly participate in the
HMIS by entering complete, accurate, and timely data.
5.2.10 Participation in the Continuum of Care. Subrecipient shall actively participate in the
Kentucky Balance of State Continuum of Care (KY BoS CoC). This includes, but is not limited to,
attendance at annual and regional meetings of the KY BoS CoC, participation in the annual K-Count, and
commitment to implementing policies and practices that further the goals of the KY BoS CoC to ensure
homelessness is rare, brief, and non-recurring.
5.2.11. KHC eGram. Subrecipient is responsible for receiving and disseminating information
contained in all KHC eGrams, via which pertinent information is disseminated. KHC shall not be liable
for any professional or financial losses incurred by Subrecipient due to Subrecipient having failed to read
or receive KHC eGrams.
5.2.12. Major Rehabilitation/Conversion. If an emergency shelter’s rehabilitation costs exceed
75 percent of the value of the building before rehabilitation, Subrecipient shall maintain the building as a
shelter for homeless individuals and families for a minimum of 10 years following the date the building
is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to
convert a building into an emergency shelter exceeds 75 percent of the value of the building after
conversion, Subrecipient shall maintain the building as a shelter for homeless individuals and families for
a minimum of 10 years following the date the building is first occupied by a homeless individual or family
after the conversion. In all other cases where ESG funds are used for renovation, Subrecipient shall
maintain the building as a shelter for homeless individuals and families for a minimum of 3 years
following the date the building is first occupied by a homeless individual or family after the completed
renovation.
5.2.13. Renovation. Any renovation carried out with ESG assistance shall be sufficient to ensure
that the building involved is safe and sanitary.
2020 ESG CV Program Grant Agreement 8
5.2.14. Supportive Services. Subrecipient shall assist homeless individuals and families in
obtaining permanent housing, provide housing-focused housing stabilization case management and
supportive services (including medical and mental health treatment, counseling, supervision, and other
services essential for achieving independent living), and other Federal, state, local and private assistance
available for such individuals.
5.2.15. Homeless Participation. Subrecipient shall provide for the participation of not less than
one homeless individual or formerly homeless individual on the board of directors or other equivalent
policy-making entity of the Subrecipient. If the Subrecipient is unable to provide for such homeless
participation on the board of directors, it shall develop and implement a plan to consult with homeless or
formerly homeless individuals in considering and making policies and decisions regarding any facilities,
services or other assistance that receives funding under the ESG program. To the maximum extent
practicable, Subrecipient shall offer but not require meaningful volunteer and employment opportunities
for homeless individuals and families in constructing, renovating, maintaining, and operating facilities, in
providing services assisted under the ESG program, and in providing services for occupants of facilities
assisted under the ESG program.
5.2.16. Cessation of Operations; Termination of Agreement. Upon expiration or termination
of this Agreement, or if Subrecipient discontinues or abandons operation of the Project for thirty (30) days
or more, Subrecipient shall return to KHC any Grant Funds on hand and any accounts receivable and
goods which are attributable to the use of Grant Funds. Subrecipient shall also take such further actions
and execute and deliver any documents as KHC, in its sole discretion, may deem necessary to satisfy
Subrecipient’s remaining obligations under this Agreement and any loan documents related hereto.
5.2.17. Misappropriation of Funds. Subrecipient shall be liable for any and all misappropriation
of funds, audit exceptions by state or federal agencies, and violations of the terms of this Agreement.
5.2.18. Training. In the event KHC requires attendance at trainings, Subrecipient designee/agent
will attend such mandatory compliance training, and Subrecipient shall utilize any required KHC forms
provided at the training or otherwise.
5.2.19 Coordinated Entry. Subrecipient must participate in the Kentucky Balance of State
Continuum of Care (KY BoS CoC) Coordinated Entry System in a manner that is consistent with the KY
BoS CoC Coordinated Entry Policies and Procedures.
5.2.20. Rapid Rehousing. If utilizing Grant Funds to provide Rapid Rehousing, Subrecipient must
adhere to the following requirements as outlined in the 2020 Emergency Solutions Grant Program Notice
of Funding Availability (“ESG NOFA”):
(i) Project must utilize a low barrier, Housing First approach.
(ii) Project, even if only providing security deposits, utility deposits, and/or last month’s rent,
must provide at a minimum Housing Search and Placement (576.105(b)(1)) and Housing
Stability Case Management (576.105(b)(2)) activities. If the project only provides
participant with security deposit, utility deposit, and/or last month’s rent, Housing Stability
Case Management must be provided for at least 90 days from the time the participant
moves into housing or ensure appropriate housing stability case management is provided
by another party.
SECTION VI
RECORDS; REPORTING
2020 ESG CV Program Grant Agreement 9
6.1 Records; Access. Subrecipient shall keep adequate records pertaining to the Project and the
uses of Grant Funds. Subrecipient shall provide KHC, HUD or its designee(s) access to all of its books
and records, including fiscal records, for the purpose of program assessment reviews, and shall retain all
books and records until the latest of five (5) years from the termination of this Agreement, five (5) years
after the expenditure of all funds received pursuant to this Agreement, until all audits of performance
during the term of this Agreement have been completed, or until any pending litigation involving this
grant or related books and records is settled, whichever is later. Subrecipient shall promptly settle any
fiscal or program monitoring exceptions or filings. Subrecipient shall maintain its books and records in
accordance with generally accepted accounting practices and to comply with all applicable Federal and
state laws and regulations. Nothing in this Agreement will be construed to limit the ability of KHC to
monitor implementation of the program funded by this Agreement.
6.2 Reporting Requirements. Subrecipient shall comply with all the reporting requirements as
specified in 24 CFR Section 576.500. Subrecipient shall, no less than annually, submit to KHC all activity
reports on the forms provided by HUD and KHC. Activity reports shall include, but not be limited to, a
description of the amounts received, including the numbers of individuals assisted, the types of assistance
provided and any other information that HUD may require. In addition, Subrecipient shall submit other
documents necessary for the operation and maintenance of the Project. Subrecipient shall, on the forms
provided by KHC, submit to KHC Emergency Solutions Grant Consolidated Annual Performance
Evaluation Reports (CAPER) no later than 10 days following the close of each federal fiscal quarter or at
a time specified by KHC. Subrecipient shall enter all required program client data into the Kentucky
Homeless Management Information System (KYHMIS) or a comparable database pre-approved in
writing. Subrecipient shall submit annual reports until all Grant Funds are expended and federal reporting
guidelines are satisfied.
6.3 Audit Requirements. Subrecipient shall comply with the Single Audit Act (31 USC § 7501
et seq.), as amended, by preparing an audit for any year in which Subrecipient expends federal awards of
at least $750,000 (or other amount specified by Director of the Office of Management and Budget). If
such audit contains findings, Subrecipient shall provide a copy of the audit, together with any comments
and plans for correction, to KHC’s Housing Contract Administration Department. If such audit contains
no findings, Subrecipient is not required to submit a copy to KHC, provided, however, that upon request,
Subrecipient shall provide a copy of any and all audits performed during the term of this Agreement to
KHC, HUD, or any designee(s) thereof. Subrecipient shall also comply with 2 CFR Part 200, OMB
Circular A-133, as amended, and the OMB Circular Compliance Supplement and Government auditing
standards. Subrecipient assumes full responsibility for compliance with this paragraph.
6.4 Financial Records. Subrecipient shall maintain sufficient financial records to ensure proper
accounting and disbursement of Grant Funds (as determined by KHC or HUD in their sole discretion) and
to make them available to KHC or HUD for inspection.
SECTION VII -- REPRESENTATIONS, WARRANTIES AND OBLIGATIONS OF
SUBRECIPIENT
7.1 Duly Organized. Subrecipient represents, warrants and certifies that it is duly organized and
validly existing under the laws of the Commonwealth of Kentucky and has all the requisite power and
authority to enter into this Agreement and to assume the responsibilities for compliance with all federal
and state laws and regulations and KHC program guidelines and criteria. A resolution, motion, or
ordinance has been duly adopted, passed or enacted as an official act of the Subrecipient, authorizing the
execution and delivery of this Agreement by Subrecipient and authorizing and directing the person
executing this Agreement to do so for and on behalf of Subrecipient; said acts being done in such a manner
2020 ESG CV Program Grant Agreement 10
and form as to comply with all applicable laws to make this Agreement the valid, enforceable and legally
binding act and agreement of Subrecipient.
7.2. No Legal Proceedings. Subrecipient represents, warrants and certifies that there is no action,
proceeding or investigation now pending or threatened, nor any basis known or believed by Subrecipient
to exist, which (i) questions the validity of this Agreement, or any action taken or to be taken under it; or
(ii) is likely to result in any material adverse change in the authorities, properties, assets, liabilities or
conditions (financial or otherwise) of Subrecipient which would materially and substantially impair
Subrecipient’s ability to perform any of the obligations imposed upon Subrecipient by this Agreement.
7.3. Application True and Complete. Subrecipient represents, warrants and certifies that the
representations, statements and other matters contained in the Application were true and complete in all
material respects as of the date of filing, and there has been no material adverse change in such Application
between the date of filing and this Agreement. Subrecipient is aware of no material event or other material
fact that has been improperly omitted or overlooked in the Application and amendments filed with and
accepted by KHC.
7.4. Reasonable Assurances. Subrecipient has obtained or has reasonable assurances that it will
obtain all federal, state and local government approvals and reviews as required by law to be obtained by
Subrecipient for Subrecipient’s eligible program activities; and all beneficiaries of Grant Funds have
obtained, or the Subrecipient has reasonable assurances that such beneficiaries will obtain, all such
approvals and reviews required by law to be obtained by such beneficiaries for Subrecipient’s eligible
program activities.
7.5. Duly Authorized Activity. Insofar as the capacity of Subrecipient to carry out any obligation
under this Agreement is concerned (i) Subrecipient is not in material violation of its corporate, partnership
or other organizational documents, whichever may be applicable, any mortgage, indenture, agreement,
instrument, judgment, decree, order, statute, rule or regulation; or (ii) the execution and performance of
this Agreement will not result in any such violation.
7.6. Lobbying. Subrecipient represents, warrants and certifies the following:
(a) No Federal Funds. No federally-appropriated funds have been paid or will be paid, by or
on behalf of Subrecipient, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, or an employee of a member
of Congress in connection with the awarding of any cooperative agreement; and the
extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
(b) Other Funds. 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 any employee
of a member of Congress in connection with any federal contract, grant, loan, or
cooperative agreement as a result of this Agreement, Subrecipient must complete and
submit Standard Form –LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instruction.
7.7. Debarment, Suspension, Conviction, Indictment. To the best of its knowledge and belief
after reasonable investigation, Subrecipient and/or its principal(s):
(a) Present Eligibility. Are not presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in any transaction under this
Agreement by any federal, state or local department or agency;
2020 ESG CV Program Grant Agreement 11
(b) No Convictions or Judgments for Fraud. Have not, within the three (3)-year period
preceding this Agreement, been convicted of or had a civil judgment rendered against
it/them for commission of fraud or a civil offense in connection with obtaining, attempting,
or performing a public (federal, state, or local) transaction or contract under a public
transaction, violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements or
receiving stolen property;
(c) No Present Indictment. Are not presently indicted for or otherwise criminally or civilly
charged by a government entity (federal, state, or local) with commission of any of the
offenses enumerated in Section (b) above;
(d) No Terminations. Have not, within the three (3)-year period preceding this Agreement
had one or more public transactions (federal, state or local) terminated for cause or default;
and
(e) KHC Suspension and Debarment Policy. Have not been suspended or debarred in
accordance with KHC’s Suspension and Debarment Policy.
7.8. Warranty as to Information. Subrecipient’s award of Grant Funds has been based upon
information received from Subrecipient. Subrecipient warrants that the financial and other information
furnished by Subrecipient to KHC and HUD was, at the time of application, and continues to be, true and
accurate.
7.9. Affirmatively Furthering Fair Housing. Subrecipient will affirmatively further fair
housing, which means it will seek to eliminate any impediments to fair housing choice within the program.
Subrecipient does not have any Fair Housing Discrimination complaints pending against it. Should any
Fair Housing Discrimination complaint be lodged against it during the term of this Agreement,
Subrecipient shall immediately notify KHC in writing of the occurrence.
7.10. Limited English Proficiency. Subrecipient has taken reasonable steps to ensure meaningful
access by limited English proficiency (“LEP”) individuals to all supportive housing services funded
pursuant to this Agreement. LEP individuals are those persons who do not speak English as their primary
language and who have a limited ability to read, write, speak, or understand English. Subrecipient
recognizes that Title VI of the Civil Rights Act of 1964 requires that all recipients of federal financial
assistance from HUD provide such meaningful access to LEP individuals. Subrecipient has reviewed and
followed the LEP requirements provided in Executive Order 13166 and HUD’s final “Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient (LEP) Persons.” Upon request, Subrecipient shall provide to KHC
a copy of its Language Assistance Plan (“LAP”).
7.11 McKinney-Vento Act and Educational Requirements: Subrecipient has established
policies and practices that are consistent with, and do not restrict the exercise of rights provided by, the
education subtitles of the McKinney-Vento Homeless Education Assistance Act and other laws relating
to the provision of education and related services to individuals and families experiencing
homelessness. If Subrecipient provides housing or services to families, Subrecipient has designated a staff
person to ensure that children are enrolled in school and connected to the appropriate services within the
community, including early childhood programs such as Head Start, Part C of the Individuals with
Disabilities Education Act, and McKinney-Vento education services.
7.12. Drug Free Workplace. Subrecipient has and will continue to provide a drug-free workplace
by:
2020 ESG CV Program Grant Agreement 12
(i) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Subrecipient’s
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
(ii) Establishing an ongoing drug-free awareness program to inform employees about
(a) The dangers of drug abuse in the workplace
(b) The Subrecipient’s policy of maintaining a drug–free workplace
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
(iii) Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (i);
(iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of
employment under the grant, the employee will-
(a) Abide by the terms of the statement;
(b) Notify the Subrecipient in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
(v) Notifying KHC in writing, within ten calendar days after receiving notice under
subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant; and
(vi) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (iv)(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, state, or local health,
law enforcement, or other appropriate agency;
(vii) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi).
7.13. Commitment to Align Project Design with the Federal Strategic Plan to End
Homelessness. Subrecipient shall support the goals of “Home, Together: The Federal Strategic Plan to
Prevent and End Homelessness” by:
(a) Quickly identifying and engaging people at risk of and experiencing homelessness.
(b) Intervening to prevent people from losing their housing and divert people from entering the
homelessness service system.
(c) Providing people with immediate access to shelter and crisis services without barriers to
entry if homelessness does occur.
(d) Quickly connecting people experiencing homelessness to housing assistance and services
tailored to their unique needs and strengths to help them achieve and maintain stable
housing.
Subrecipient shall comply with KHC monitoring of the Home, Together plan.
2020 ESG CV Program Grant Agreement 13
7.14. Data Breach. In the event of a data breach, Subrecipient will notify KHC in the most
expedient manner possible, and without unreasonable delay but in no event later than seventy-two (72)
hours from the determination of a security breach relating to the data in Subrecipient’s
possession. Subrecipient agrees to comply with all provisions of KRS 61.932, including that Subrecipient
shall implement, maintain, and update security and breach investigation procedures which are appropriate
to the nature of the information disclosed, at least as stringent as the security and breach investigations
procedures and practices in KRS 61.932(1), and reasonably designed to protect the data from unauthorized
access, use, modification, disclosure, manipulation or destruction. In the event of Subrecipient committing
an unauthorized disclosure of data listed in KRS 61.932(6)(a) through (f), Subrecipient shall provide to
KHC a copy of any and all reports and investigations relating to such investigations or notifications that
are required by federal law or regulation.
SECTION VIII
DEFAULT
8.1 Event of Default. Subrecipient shall be in default on the happening of any one or more of
the following events or conditions (individually an “Event of Default”):
(i) Subrecipient fails to execute and return this Agreement by April 30, 2021.
(ii) Subrecipient does not diligently pursue the Project, as detailed in Subrecipient’s
Application and for which Grant Funds have been awarded;
(iii) Subrecipient has not obligated its funds and commenced the Project pursuant to
Section 4.6 above;
(iv) Subrecipient fails to maintain an acceptable financial management system as required
by this Agreement or any of the regulations cited herein;
(v) Subrecipient fails to observe or perform any other term, covenant or condition
contained in this Agreement or uses Grant funds for any purpose other than as
authorized in this Agreement and the Application, and such breach or failure
continues after the expiration of any applicable cure period as described herein;
(vi) Subrecipient is unable to expend all Grant Funds by September 30, 2021;
(vii) the information submitted by Subrecipient, upon which KHC and HUD relied in its
decision to grant funds to Subrecipient, proves to be untrue or incorrect in any
material respect;
(viii) KHC determines in its sole discretion that it would be inadvisable to disburse Grant
Funds to Subrecipient because of a material and adverse change in Subrecipient’s
condition;
(ix) the total cost of the Project is less than the total cost anticipated in the Application or
Revised Budget Report;
(x) the Project is not begun within the applicable timeframes specified in this Agreement
or required by applicable laws, regulations, or program guidelines;
(xi) Subrecipient does not participate fully in the (KYHMIS) or a comparable database;
(xii) Subrecipient fails to submit reports or submits inadequate reports, technical
submissions, and other administrative items or fails to submit such items within
established deadlines, or fails to maintain a financial management system acceptable
under the terms of this Agreement or any applicable federal statutes and regulations;
(xiii) Subrecipient fails to achieve applicable outcome goals as determined by performance
measures established by KHC;
(xiv) Subrecipient fails to participate in the annual K-Count, an annual one-day count of
homeless persons mandated by HUD;
(xv) Subrecipient fails to participate in the KY BoS CoC;
2020 ESG CV Program Grant Agreement 14
(xvi) Subrecipient
(a) enters into dissolution or otherwise begins proceedings to terminate its
existence;
(b) merges or consolidates with any other entity;
(c) changes control of the Project or there is a change in Subrecipient or any of its
partners, shareholders, members or owners without KHC’s prior written
consent;
(d) becomes insolvent;
(e) forfeits the right to do business or business failure;
(f) abandons the Project for more than thirty (30) days;
(g) appoints a receiver of any part of the property of Subrecipient;
(h) calls any meeting of creditors or assigns for the benefit of creditors of the
Subrecipient; or
(i) commences any proceedings under any bankruptcy or insolvency laws by or
against the Subrecipient, and such proceedings are not dismissed within sixty
(60) calendar days; or
(xvii) Any judgment is entered against Subrecipient, or any writ of attachment is issued
against any property of Subrecipient, for any amount which is entered and is not paid,
stayed on appeal, discharged, bonded or dismissed within sixty (60) calendar days
after the entering of such judgment or filing of such attachment, except any judgment
or attachment resulting from a liability that is fully payable from the proceeds of any
insurance policy maintained by the Subrecipient.
8.2 Notice and Cure. Upon the occurrence of any Event of Default, KHC shall give Subrecipient
written notice of such default. Subrecipient shall have thirty (30) days to remedy the Event of Default to
KHC’s satisfaction; provided, however, that if Subrecipient knew or reasonably should have known of
such Event(s) of Default prior to notification by KHC to Subrecipient thereof, then Subrecipient shall have
thirty (30) days from the date the Event of Default became known or should have become known to
Subrecipient in which to remedy such default, and written notice by KHC shall not be a condition to the
commencement of such cure period.
8.3 Remedies. Upon the occurrence of an Event of Default and the giving of notice, if required,
as described above, KHC shall have the right to exercise concurrently or successively any one or more of
the following rights or remedies:
(i) KHC may suspend Subrecipient’s authority to draw Grant Funds, effective
immediately upon notice to Subrecipient of such action. At KHC’s sole discretion,
such suspension shall remain in place throughout any applicable cure period as
described herein;
(ii) If an Event of Default continues after the applicable cure period expires, KHC may
terminate this Agreement in whole or in part by delivery of notice that the Agreement
is so terminated for failure to cure an Event of Default. In the event of a termination,
the Subrecipient’s authority to draw Grant Funds will terminate at the date of the
notice of termination, and Subrecipient shall have no right, title or interest in or to
any remaining Grant Funds;
(iii) If this Agreement is terminated, KHC may recover or recapture any funds previously
paid to Subrecipient;
(iv) KHC may disallow all or part of the cost of any noncompliant activity; and/or
(v) KHC may exercise any and all additional rights KHC may have in law or equity.
2020 ESG CV Program Grant Agreement 15
8.4 Declaration of Default by HUD. In addition to KHC’s rights, HUD may also declare an
event of default under this Agreement. In the event that HUD determines, in its sole discretion, that an
event of default has occurred, it may direct KHC to take action, including:
(i) obtaining progress schedules for the completion of the Project from Subrecipient
which will be submitted to HUD;
(ii) issuing a letter of warning advising Subrecipient of the default, establishing a date by
which corrective actions must be completed, and putting Subrecipient on notice that
more serious actions will be taken if the default is not corrected or is repeated;
(iii) directing Subrecipient to establish and maintain a management plan which assigns
responsibility for carrying out remedial actions;
(iv) directing Subrecipient to suspend, discontinue or not incur costs for the affected
activity;
(v) conditioning a future grant or elect not to provide future funds until the default is
cured;
(vi) reducing or recapturing the Grant Funds;
(vii) directing Subrecipient to reimburse the program accounts for costs inappropriately
charged to the program;
(viii) continuing the program for which Grant Funds have been allocated through a
substitute Subrecipient; or
(ix) other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions and any other available
remedies.
SECTION IX
MISCELLANEOUS PROVISIONS
9.1 KHC’s Rights Cumulative. The rights and remedies of KHC under this Agreement shall
be deemed to be cumulative and shall be in addition to all the rights afforded KHC in law or equity. Any
election of any right or remedy will not be deemed to be an election of that right or remedy to the exclusion
of any other right or remedy. The rights and remedies available to KHC in the event of a suspension or
termination of this Agreement will survive such suspension or termination.
9.2 Recapture: Reduction. KHC reserves the right to reduce or recapture the amount of Grant
Funds provided under this Agreement if:
(i) Subrecipient fails to conform to any revision in the Application of this Agreement;
(ii) the actual cost for the Project is lower than estimated;
(iii) Grant Funds are subsequently reduced by the federal government; or
(iv) Upon occurrence of any default described in Section VIII of this Agreement.
9.3 Governing Law. This Agreement will be governed by and enforced in accordance with the
laws of the Commonwealth of Kentucky, unless otherwise preempted by Federal Law.
9.4 Assignment. Subrecipient may not assign its rights or obligations hereunder without the prior
written consent of KHC.
9.5 Entire Agreement/Modification. This Agreement, combined with Subrecipient’s
Application, constitutes the entire understanding between the parties and supersedes any and all prior
agreements. No amendment, modification or assignment of this Agreement will be valid and enforceable
unless it is in writing and executed by the parties.
2020 ESG CV Program Grant Agreement 16
9.6 Term of Agreement. This Agreement shall become effective upon the signature of the last
party to sign this Agreement. The term of the Agreement is seven (7) months beginning March 1, 2021.
As long as neither party objects in writing, this Agreement will remain in effect for a period of one year
from the date of completion of the project unless otherwise required by any provision of this Agreement,
provided that Subrecipient is not then in default under the provisions of this Agreement. In the event that
Subrecipient is in default, this Agreement will not terminate until the default is cured or KHC has exercised
its available remedies upon default. This Agreement may be terminated at will by either party upon thirty
days advance written notice of cancellation to the other party.
9.7 Promotional Materials. Subrecipient shall ensure that all promotional materials,
publications and communications to media related to the Project contain an appropriate acknowledgment
of KHC's participation. When applicable, Subrecipient shall prominently display at the site a construction
sign that complies with KHC’s published guidelines and acknowledges KHC's financial assistance to the
Project.
9.8 Successors and Assigns. This Agreement will inure to the benefit of and be binding upon
the respective parties and their successors and assigns.
9.9 Notices. All notices, consents, waivers and other communications required or permitted by
this Agreement shall be in writing and shall be deemed given to a party when (i) delivered to the
appropriate last known address by hand or by nationally-recognized overnight courier service (costs
prepaid); (ii) sent by facsimile or e-mail with confirmation of transmission by the transmitting equipment;
or (iii) received or rejected by the addressee, if sent by certified mail, return receipt requested.
9.10 Severability; Survivability. If any provision of this Agreement is held invalid or
unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain
in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or
degree will remain in full force and effect to the extent not held invalid or unenforceable.
9.11 Jurisdiction; Venue; Service of Process; WAIVER OF JURY TRIAL. Any proceeding
arising out of or relating to this Agreement or any contemplated transaction shall be brought in the courts
of the Commonwealth of Kentucky, County of Franklin, or, in the United States District Court in
Frankfort, Kentucky. Each of the parties irrevocably submits to the exclusive jurisdiction of each such
court in any such proceeding, waives any objection it may now or hereafter have to venue or to
convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined
only in any such court and agrees not to bring any proceeding arising out of or relating to this Agreement
or any transaction contemplated hereby in any other court. THE PARTIES HEREBY WAIVE ANY
RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR ANY OF THE CONTEMPLATED TRANSACTIONS, WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR
OTHERWISE.
2020 ESG CV Program Grant Agreement 17
To indicate the acceptance of the terms of this Agreement, the parties have executed this
Agreement as of the date(s) written below.
KENTUCKY HOUSING CORPORATION CITY OF PADUCAH
BY:________________________________ BY:_____________________________
Signature Signature
TITLE: _____________________________ TITLE:___________________________
DATE: _____________________________ DATE:___________________________
2020 ESG CV Program Grant Agreement 18
Exhibit A
Certifications and Assurances (begins on following page)
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Approve a 2021 Firehouse Subs Public Safety Foundation Grant Application in the amount of
$23,125.80 - S KYLE
Category: Municipal Order
Staff Work By: Ty Wilson, April Tinsman
Presentation By: Steve Kyle
Background Information: Firehouse Subs Public Safety Foundation is dedicated to improving the
lifesaving capabilities and the lives of local heroes and their community by funding: Lifesaving equipment,
prevention education, scholarships and continued education, support for members of the military, and disaster
preparedness and disaster relief. Applicants must be located within 60 miles of a Firehouse Subs restaurant and
the grant requests must be between $15,000 and $25,000.
The Paducah Fire Department is seeking a grant from the Firehouse Subs Grant Program for the purchase of an
ATV vehicle to be used for rescues and medical calls in secluded areas and places where regular fire apparatus
can not travel to. It can be also be utilized on the Greenway Trail and at festivals and community events. The
request will be for $23,125.80. There is no match requirement.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: There is no communication plan at this time.
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize and direct Mayor to execute all required grant application documents.
Attachments:
1.MO app-2021 Firehouse Subs Grant ATV
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A 2021
FIREHOUSE PUBLIC SAFETY FOUNDATION GRANT FOR THE PURCHASE OF AN
ATV VEHICLE FOR THE PADUCAH FIRE DEPARTMENT THE AMOUNT OF $23,125.80
AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Board of Commissioners hereby authorizes the execution and
submission of an application and all documents relating to same, requesting a 2021 Firehouse
Public Safety Foundation Grant in the amount of $23,125.80 for the purchase of an ATV vehicle
to be used for rescues and medical calls for the Paducah Fire Department. No local or in-kind
match is required.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 27, 2021
Recorded by Lindsay Parish, City Clerk, April 27, 2021
\mo\grants\app-2021 Firehouse Subs Grant ATV
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Authorize up to $100,000 in grant funds to Marian Group for roof stabilization at the Dunlap
Apartments (Walter Jetton School) - K AXT
Category: Municipal Order
Staff Work By: Katie Axt
Presentation By: Katie Axt
Background Information:
The Dunlap Apartment Project is located at the former Walter Jetton Junior High School at 401 Walter Jetton Blvd.
The Marian Group, a Louisville-based real estate developer, is planning to invest $14.5 million in the historic site to
rehabilitate 42 workforce housing units, restore the concert hall for the Paducah Symphony Orchestra, and create
a conservatory for music training and education. The Marion Group requests up to $100,000 to undertake much
need roof rehabilitation. Staff recommends approval. Project construction will start this summer and is expected
to be completed in 18 months.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority:
Southside Neighborhood Initiative
Housing
Communications Plan: Press release following execution of grant agreement.
Funds Available:Account Name: CM Contingency
Account Number: 10000106 524500
Staff Recommendation: Approve
Attachments:
1.MO grant agreement – Marian Group – Dunlap Apartments Walter Jetton Building
2.Grant Award Letter 4.27.21 (002)
3.Attachment 3 Lien Release REV2020
4.Attachment 1 Roofing Proposal 4.9.21 (004)
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE MARIAN GROUP IN THE
AMOUNT UP TO $100,000 FOR ROOF STABILIZATION FOR THE DUNLAP APARTMENTS
(WALTER JETTON SCHOOL)
WHEREAS, The Marion Group, a Louisville-based real estate developer, is planning to
invest $14.5 million in the historic building formerly known as the Walter Jetton Junior High School
located at 401 Walter Jetton Boulevard; and
WHEREAS, The Marion Group plans to rehabilitate 60 workforce housing units, restore
the concert hall for the Paducah Symphony Orchestra, and create a conservatory for music training and
education; and
WHEREAS, The Marion Group has requested $100,000 to undertake a roof rehabilitation
for the property; and
WHEREAS, the City Commission now desires to enter into a grant agreement with The
Marion Group to assist with the revitalization of the historic property.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
SECTION 1. That the Board of Commissioners of the City of Paducah hereby
approves a grant for The Marion Group roof rehabilitation for the Dunlap Apartments (Walter
Jetton School) located at 401 Walter Jetton Boulevard in an amount up to $100,000 in
accordance with the grant agreement letter and scope of work.
SECTION 2. This grant shall be paid through the City Manager’s
Contingency Account No. 10000106 524500.
SECTION 3. Effective Date. This Order shall be in full force and effect
on and after the date as approved by the Board of Commissioners of the City of Paducah,
Kentucky.
____________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, ________________________
Recorded by Lindsay Parish, City Clerk, _____________________________________
MO\ grant agreement – Marian Group – Dunlap Apartments Walter Jetton Building
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Acquisition of Permanent Right of Way and Permanent Utility and Drainage Easement located at
3801 Hansen Road for the Buckner Lane Bridge Project - R MURPHY
Category: Municipal Order
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: Recently, negotiations have been conducted in good faith with Elizabeth Seaton,
the property owner at 3801 Hansen Road regarding the acquisition of a portion of right-of-way and a public
utility and drainage easement (Parcel #1 & #2) as required for the Buckner Lane Bridge Improvement
Project. Subsequently, Ms. Seaton agreed to convey a portion of her property (Parcel #1) for right of way
consisting of 0.108 acres (4692.527 sq. ft.), and a portion of her property (Parcel #2) for a right of way
consisting of 0.188 acres (8180.337 sq. ft.), and also to grant a permanent public utility and drainage easement
(Parcel #2) consisting of 0.081 acres (3511.992 sq. ft.) to the City of Paducah for the total monetary
consideration of $5,137.00.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Stormwater
Communications Plan: Working individually with adjacent property owners. Will coordinate
public service announcements with the Communications Manager.
Funds Available:Account Name: Buckner Lane Bridge
Account Number: PF0078
Staff Recommendation: To adopt a Municipal Order authorizing the Mayor to execute a Deed of
Conveyance and all related documents on behalf of the City of Paducah with Elizabeth Seaton to acquire a
portion of real property located at 3801 Hansen Road (Parcel #1 & #2) as right-of-way and a permanent public
utility and drainage easement in consideration of $5,137.00 for the Buckner Lane Bridge Improvement Project.
Attachments:
1.MO prop pur – 3801 Hansen Road (Buckner Lane Bridge Project)
2.Seaton parcel 1 deed
3.Seaton parcel 1 title letter
4.Seaton parcel 2 deed
5.Seaton parcel 2 title letter
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY TO ACQUIRE A
PORTION OF REAL PROPERTY LOCATED AT 3801 HANSEN ROAD FOR PURCHASE
PRICE OF $5,137 TO BE USED AS RIGHT-OF-WAY AND PERMANENT PUBLIC
UTILITY AND DRAINAGE EASEMENT FOR THE BUCKNER LANE BRIDGE PROJECT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a Deed of Conveyance
on behalf of the City of Paducah with Elizabeth Seaton to acquire a portion of real property
located at 3801 Hansen Road (Parcel #1 & #2) as right-of-way and a permanent public utility and
drainage easement for and in consideration of $5,137 for the Buckner Lane Bridge Improvement
Project.
SECTION 2. This expenditure shall be charged to the Buckner Lane Bridge
Project Account PF0078.
SECTION 3. This Order shall be in full force and effect from and after the date
of its adoption.
_____________________________
George Bray, Mayor
ATTEST:
________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 27, 2021
Recorded by Lindsay Parish, City Clerk, April 27, 2021
\mo\prop pur – 3801 Hansen Road (Buckner Lane Bridge Project)
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Approve agreement with Federal Engineering, Inc to refresh the report for 911 radio project.
$52,500 - B LAIRD
Category: Municipal Order
Staff Work By: Justin Crowell, Robyn Hood, Brian Laird
Presentation By: Brian Laird
Background Information: Federal Engineering (FE) was retained by the City in 2016 to assist with
procuring and implementing a new radio system, 911 call-taking and dispatch equipment and computer- aided
dispatch (CAD) system. The radio system is the only component left to replace and was placed on hold due to
funding. This updated agreement between the City and FE will update and refresh the "Radio Systems Needs
Assessment and Alternates Report" FE provided to the City on January 20, 2017. The refresh will include any
updated requirements,cost information, and alternative solutions. Total cost is $52,500. It is estimated to take
up 12 weeks from the project start date.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: 911 Radio/Tower Upgrades and Operational Funding
Communications Plan:
Funds Available:Account Name: E911 CAD Upgrade
Account Number: E91105
Staff Recommendation: Approval
Attachments:
1.MO 911 Federal Engineering Amendment 8
2.City of Paducah AMD 8 Revised 20210317.signed by fe
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER AUTHORIZING AND APPROVING AMENDMENT
NO. 8 TO THE PROFESSIONAL CONSULTING AGREEMENT WITH FEDERAL
ENGINEERING, INC., RELATED TO AN UPGRADED 911 SYSTEM IN AN AMOUNT OF
$52,500, TO REFRESH THE REPORT FOR THE 911 RADIO PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
WHEREAS, by Ordinance No. 2016-8-8401, the City of Paducah retained
Federal Engineering, Inc., to perform consulting work for the City of Paducah related to the
upgrade of the Paducah 911 System; and
WHEREAS, by Ordinance No. 2018-4-8528 the City of Paducah authorized
amendments to the Professional Consulting Agreement; and
WHEREAS, the City now desires to amend the Professional Services Agreement
to refresh and update the requirements, cost information and alternative solutions related to the
radio system.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. That the City hereby authorizes and approves Amendment No. 8 to
the Professional Consulting Agreement with Federal Engineering, Inc., in an amount of $52,500,
for updating the “Radio Systems Needs Assessment and Alternates Report” to include updated
requirements, cost information and alternative solutions related to the 911 radio system, and
authorizes the Mayor to execute said agreement.
SECTION 2. This agreement shall be funded through the E911 CAD Upgrade
Project Account Number E91105.
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
_________________________________________
George Bray, Mayor
ATTEST:
______________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 27, 2021
Recorded by Lindsay Parish, City Clerk, April 27, 2021
\MO\911 Federal Engineering Amendment 8
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Authorize the Application for an Entertainment Destination Center in Downtown Paducah - K
BYERS
Category: Ordinance
Staff Work By: Kathryn Byers, Katie Axt, Pam Spencer, Lindsay Parish
Presentation By: Kathryn Byers
Background Information: As a follow up from our Entertainment Destination Center discussion on March
23rd, staff has worked with Denton Law Firm in putting together an Entertainment Destination Center
ordinance. Once implemented, this ordinance will allow staff to apply for licensure with the state.
In accordance with the feedback the team received, the proposed EDC operation hours have changed to 6:00
a.m. - 12:00 midnight. Additionally, very slight changes have been made to the boundary to improve pedestrian
safety and enhance walkability.
The fee for the State license is $2,500 annually. The up front cost will be paid from the Planning Department
Other Contracts Account, with ongoing annual budgeting coming out of the City Clerk's Office Other Contracts
Account. These annual costs will be recouped through participation agreement fees with local participating
vendors.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Downtown
Communications Plan: Preliminary high-level engagement meetings with stakeholders, FAQ for Commissioners and
Public, City Project Webpage, send comments to edc@paducahky.gov, March 23rd: City Commission Meeting to discuss
Paducah’s EDC proposal, April 6th: Introduce ordinance authorizing Mayor to apply with Kentucky Department of Alcoholic
Beverage Control, and implement EDC upon state approval, publicize process through legal ad and 30-day comment period,
once approved by City and State, continue to educate and celebrate EDC approval.
Funds Available:Account Name: Planning - Other
Clerk - Other
Account Number: 1000-1202-523070
1000-0601-523070
Staff Recommendation: Approval
Attachments:
1.Entertainment Destination Center Alcohol Ordinance 4-21
CITY OF PADUCAH
ORDINANCE NO. 2021-______-________
AN ORDINANCE ESTABLISHING AN ENTERTAINMENT
DESTINATION CENTER IN THE DOWNTON OF PADUCAH AND
FURTHER DIRECTING THE CITY OF PADUCAH TO APPLY FOR AN
ENTERTAINMENT DESTINATION CENTER LICENSE FROM THE
COMMONWELATH OF KENTUCKY DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL AND FURTHER ESTABLISHING THE
REQUIREMENTS FOR LICENSEES TO SELL ALCOHOLIC
BEVERAGES WITHIN THE ENTERTAINMENT DESTINATION
CENTER.
WHEREAS, KRS 243.030(21) authorizes the issuance of an Entertainment Destination
Center (EDC) License by the Commonwealth of Kentucky Department of Alcoholic Beverage
Control; and
WHEREAS, the City meets the requirements under KRS 243.030(21) and 804 KAR
4:370 to enact an EDC; and
WHEREAS, the City seeks to create an EDC within its downtown for which it shall
apply for and obtain a license from the Commonwealth of Kentucky Department of Alcoholic
Beverage Control; and
WHEREAS, the Entertainment Destination Center will build upon 20 years of
revitalization and redevelopment initiatives for our historic Downton and riverfront; and
WHEREAS, in addition to the Artist Relocation Project, Completion of Flood Wall
Murals, Riverfront Development Plan, Renaissance Area Master Plan, Transient Boat Dock,
Schultz Park, Paducah Main Street and Downtown Development Grants, Paducah Commons
Small Area Master Plan, Greenway Trail, Opportunity Zones, BUILD Grant: Leveraging
Connectivity, City Block Redevelopment Project and Town Square, and Paducah Tax Increment
Finance District, the creation of an EDC in downtown Paducah will aid in the economic growth
of tourism in the City; and
WHEREAS, the Entertainment Destination Center is a catalyst project that will draw
people to our Downtown, strengthening our existing local businesses and attracting new
businesses and entrepreneurs; and
WHEREAS, a newly established Entertainment Destination Center will boost our
restaurant and hospitality industries by allowing customers to take to-go drinks and stroll our
historic streets, browse the windows of our local boutiques, watch the towboats on the water, and
partake in outdoor events; and
WHEREAS, the City further seeks to establish the requirements for a licensee to sell
alcoholic beverages within the EDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY, AS FOLLOWS:
Section 1. A new Article shall be created in Chapter 6 of the City of Paducah, Kentucky Code of
Ordinances which shall be titled “Entertainment Destination Center” to state as follows:
The geographical boundaries of the Entertainment Destination Center (EDC) in the City
of Paducah lies within the following description:
CITY OF PADUCAH
ENTERTAINMENT DESTINATION CENTER (EDC) BOUNDARY DISTRICT
LEGAL DESCRIPTION
An area to be known as the EDC containing 109.40 Acres located on the northeasterly side of the
City of Paducah on the banks of the Ohio River and more particularly bounded and described as
follows:
Beginning at a point in the centerline intersection of South 3rd Street and Clark Street in the City of
Paducah, said point being the southernmost corner of the herein described tract; THENCE FROM
SAID POINT OF BEGINNING and running in a northwesterly direction with the centerline of
South 3rd Street, N 24°56'04" W a distance of 823.53 feet to a point in the centerline of Kentucky
Avenue; thence with the centerline of said Avenue and in a southwesterly direction S 65°01'01" W
a distance of 490.16 feet to a point, said point being approximately 72 feet and perpendicular from
the intersection of said Avenue and South 4th Street; thence running parallel with South 4th Street
N 24°31'24" W a distance of 315.49 feet to a point that is located approximately 100 feet from
centerline of Broadway Street as measured perpendicularly; thence running parallel with said street
S 65°39'29" W a distance of 338.10 feet to a point in the centerline of South 5th Street; thence
running with the centerline of said street and passing Broadway Street, N 24°21'17" W a distance
of 159.42 feet to a point in the centerline of said North 5th Street and being approximately 65 feet
from Broadway as measured perpendicularly; thence running parallel with said street N 63°54'02"
E a distance of 286.85 feet to a point that is approximately 118 feet from the centerline of North 4th
Street as measured perpendicularly; thence running parallel with said street N 24°43'58" W a
distance of 1581.32 feet to a point in the centerline of Harrison Street; thence running with the
centerline of said street N 64°21'50" E a distance of 328.59 feet to a point, the centerline intersection
of said street and North Loop Road; thence running with the centerline of said road N 56°49'34" W
a distance of 405.28 feet to a point, the centerline intersection of said street and North 4th Street;
thence running with the centerline of said street N 25°14'12" W a distance of 467.63 feet to a point
in the centerline of Park Avenue; thence running with the centerline of said Avenue S 66°12'55"
W a distance of 419.55 feet to a point, the intersection of said Avenue with North 5th Street; thence
running with the centerline of said street N 25°28'35" W a distance of 479.63 feet to a point, the
approximate end of North 5th Street; thence running approximately with the Paducah Flood Wall N
42°37'23" W a distance of 314.75 feet to a point; thence N 32°04'21" E a distance of 191.80 feet to
a point; thence N 78°38'47" E a distance of 177.92 feet to a point; thence running parallel with the
Ohio River S 68°10'58" E a distance of 301.20 feet to a point; thence continuing parallel to said
river S 61°31'34" E a distance of 346.19 feet to a point; thence encompassing the Old Showroom
Lounge on the Paducah Riverfront for the following three calls: N 39°00'43" E a distance of 194.23
feet to a point, S 46°28'13" E a distance of 164.54 feet to a point, and S 39°34'22" W a distance of
83.65 feet to a point; thence with the top of bank and parallel with said river S 52°36'04" E a
distance of 568.53 feet to a point; thence continuing with top of bank and said river S 48°31'28" E
a distance of 582.81 feet to a point; thence following the 302 foot contour around Schultz Park per
Plat recorded in Section M, Page 1260 in the McCracken County Clerk’s office for a distance of
1,426.62 feet to point on the top of the bank, thence; thence with the top of bank and parallel to
said river for the following four calls: S 42°01'21" E a distance of 369.35 feet to a point, S 38°37'41"
E a distance of 248.00 feet to a point, thence S 30°35'58" E a distance of 312.27 feet to a point, and
S 27°14'19" E a distance of 362.21 feet to a point in the extended centerline of Kentucky Avenue;
thence running with said centerline S 66°44'28" W a distance of 179.53 feet to a point that is 30
feet from South Water Street as measured perpendicularly; thence running parallel with said street
S 25°26'27" E a distance of 372.43 feet to a point; thence S 50°10'24" W a distance of 34.07 feet
to a point in the centerline of said street; thence running with the centerline of said street S
12°29'44" W a distance of 360.02 feet to a point; thence S 02°44'09" E a distance of 160.97 feet to
a point in the centerline of Clark Street; thence running with centerline of said street S 64°54'20"
W a distance of 547.91 feet to a point; the point of beginning, having an area of 109.40 acres.
This description was prepared for establishing the City of Paducah EDC Area only and is not to be
used for the conveyance of real property. Bearings and distance have not been verified via field
survey.
Certain public spaces including, but not limited to, the Lowertown residential areas are
excluded from the EDC licensed premises. A map of the EDC is attached hereto as
"Exhibit A " and incorporated fully herein.
Section 2. A new section shall be created in Chapter 6 of the City of Paducah, Kentucky Code of
Ordinances to state as follows:
(a) The City of Paducah shall apply to the Commonwealth of Kentucky Department of
Alcoholic Beverage Control for an EDC license and shall be the listed licensee.
(b) The City Manager for City of Paducah shall serve as the administrator of the EDC
license.
(c) An ABC licensee that is located within the EDC and which sells alcoholic beverages
shall be required to hold the necessary alcoholic beverage license or licenses for its
premises. Only the applicable existing retail drink licenses are required by the State
for an ABC licensee to participate in the EDC. There is no additional license
required by the State for a business to operate within the EDC.
(d) To participate in the EDC, an ABC licensee must submit a written application to the
City Manager. After verifying that the ABC licensee has met all of the requirements
of the EDC, the City Manager shall enter into a written agreement with the ABC
licensee to permit their involvement in the EDC.
(1) All ABC licensees approved by the City Manager to operate within the EDC
must enter into a written agreement with the City in which ABC licensee
agrees to indemnify City and hold City harmless for any incidents which
occur as a result of the ABC licensee operating within the EDC, as well as
naming the City as an additional insured on the ABC licensee’s Liquor
Liability Insurance Policy and provide the City a written certification
evidencing same.
(2) All ABC licensees approved by the City Manager to operate within the EDC
must pay a yearly fee.
(3) All ABC licensees approved by the City Manager to operate within the EDC
must provide supplemental training to all servers and bartenders employed
by the ABC licensee. The purpose of this supplemental training will be to
educate the employees of the additional regulations the business is subject to
as part of the EDC. Proof of this required additional training must be
submitted to the City Clerk’s Office on or before July 15 of each year.
(4) Any EDC Agreement shall automatically terminate upon transfer of the
ownership of the EDC licensee. Upon such termination, new ownership will
be required to reapply for an EDC license if they desire to participate in the
EDC.
(5) If permission to participate in the EDC is denied by the City Manager, the
ABC licensee may file an appeal of the decision to the Board of
Commissioners who will conduct a hearing as to whether to uphold or
overturn the decision of the City Manager.
(e) During EDC operational hours, customers may leave the premises of an ABC
licensee with alcoholic beverage drinks and consume those drinks in any
entertainment destination center common area or at other licensed EDC premises
within the EDC, if permitted by the ABC licensee if the City:
(1) Possesses the common area;
(2) Provides adequate security for the common area;
(3) Ensures that the public streets are controlled in a manner that ensures public
safety and pedestrian protection from vehicular traffic; and
(4) Has granted written permission for the conduct to participating ABC licensee
and has a signed agreement with the City to conduct these activities.
(f) An ABC licensee shall hold all necessary licenses to sell alcoholic beverages within
the EDC on Sundays, if they plan to participate within the EDC on Sundays.
(g) Participating ABC licensees may prohibit customers from entering their premises
with an alcoholic beverage purchased form a different ABC licensee.
(h) Patrons are prohibited from taking alcoholic beverages outside the physical
boundaries of the entertainment destination center.
(i) Any drinks that are removed from the premises of an ABC licensee participating in
the EDC shall be in a City of Paducah Entertainment Destination cup, which shall
meet the requirements of the City regarding the type and design of the cup. These
cups shall be purchased by Licensee.
(j) In no event shall patrons be permitted to bring any alcoholic beverages purchased
outside of the EDC into the EDC.
(k) Operational Hours: Operational hours of the EDC shall be from 6:00 a.m. until 12:00
a.m. and shall run from Sunday through Saturday. These hours are currently
consistent with the operating hours for City of Paducah parks.
(l) Special Events: Alcohol regulations for festivals still apply. The City retains its
discretion to apply additional conditions to EDC licensees and to amend district
operations during a special event.
(m) Nothing in this ordinance shall be construed to prohibit minors from entering the
EDC common areas.
(n) License Revocation: All EDC licensees shall agree that they are aware their EDC
license may be revoked by City with 24 hours’ notice upon a finding by the City
Manager, as EDC Administrator, that the EDC licensee has violated any terms or
conditions of the EDC Ordinance, the EDC Agreement entered into by the parties, or
any federal, state, or City laws. The EDC Licensee is also aware that the EDC
license may be revoked by the City Manager, if the EDC licensee is convicted of
serving alcohol to a minor. The EDC licensee may appeal this revocation to the
Board of Commissioners within seven (7) days of the notice of revocation. If EDC
licensee fails to appeal a license revocation within the time frame set forth herein,
such decision shall not be subject to further review.
Section 3. A new section shall be created in Chapter 6 of the City of Paducah, Kentucky
Code of Ordinances which shall be titled “EDC Fees” and to state as follows:
(a) All ABC licensees participating in the EDC shall be required to pay a yearly fee to
City of Two Hundred Fifty Dollars and no/100 ($250.00). This payment shall be due
and payable on or before July 15 of each year.
Section 4. Severability. If any section, paragraph or provision of this Ordinance shall be
held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
Section 5. This ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to KRS Chapter 424.
____________________________________
GEORGE BRAY, MAYOR
ATTEST:
____________________________________
CITY CLERK
Introduced by the Board of Commissioners _______________________________
Adopted by the Board of Commissioners _________________________________
Recorded by City Clerk _______________________________________________
Published by The Paducah Sun _________________________________________
ORD\Entertainment Destination Center Alcohol Ordinance 4-21
Ordinance prepared by A. Blackwell – Denton Law
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: BUILD Grant Environmental Assessment – Change Order #1 to BFW Engineering & Testing,
Inc contract for $12,200.00 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: Summary:
Change Order to include cost for mussel surveys in the project area.
Background:
On April 14, 2020, the City of Paducah approved Ordinance 2020-04-8632, authorizing a professional services
contract with BFW Engineering & Testing, Inc., for $250,000 for environmental services for the Paducah
Riverfront Improvement Project (BUILD Grant).
As part of the environmental assessment process, Change Order #1 is recommended to increase the project by
$12,200, adjusting the total environmental assessment project from $250,000.00 to $262,200.
During the environmental assessment, it was necessary for BFW to engage the services of a third party to
provide mussel surveys along the shoreline as part of the US Fish and Wildlife Services analysis of the impacts
of the proposed project on the environment.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Downtown
Communications Plan: The Environmental Assessment contract with BFW includes a Public
Information Plan. This plan is being implemented by the City's Communications Manager.
Funds Available:Account Name: BUILD grant
Account Number: DT0050
Staff Recommendation: Authorize the Mayor to accept and execute Change Order #1 and any associated
documents. Authorization increases BFW’s contract by $12,200.00. The approval of the change order will
increase the total contract amount of $250,000.00 to $262,200.00.
Attachments:
1.ORD Change Order 1 BFW Engineering – BUILD Grant 2021
2.ContractAmendment-BUILDGrantEA-2021-04-01
ORDINANCE NO. 2021-04-_______
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE CHANGE ORDER NO. 1 WITH BFW ENGINEERING & TESTING, INC. TO
INCREASE THE CONTRACT BY $12,200 FOR THE BUILD GRANT ENVIRONMENTAL
ASSESSMENT
WHEREAS, On April 14, 2020, the City approved Ordinance 2020-04-8632,
authorizing a professional services contract with BFW Engineering & Testing, Inc, for $250,000
for environmental services for the Paducah Riverfront Improvement Project (BUILD Grant); and
WHEREAS, during the environmental assessment, it was necessary for BFW to
engage the services of a third party to provide mussel surveys along the shoreline as part of the
US Fish and Wildlife Services analysis of the impacts of the proposed project on the
environment; and
WHEREAS, Change Order No. 1 is required for an increase in the amount of
$12,2000 adjusting the total construction project from $250,000 to $262,200.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Change Order No. 1
with BFW Engineering & Testing, Inc., for an increase in the amount of $12,200 and a new total
contract cost of $262,200.
SECTION 2. This expenditure shall be charged to the BUILD Grant Project
Account DT0050.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
_______________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners April 13, 2021
Adopted by the Board of Commissioners, ____________________________
Recorded by Lindsay Parish, City Clerk, _______________________
Published by The Paducah Sun, ______________________
\ord\eng\CHGORD1- BFW Engineering – BUILD Grant 2021
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Approve Budget Amendment in an amount of $154,000 for Industrial Development Authority
RDAAP Matching Funds Payment - J ARNDT
Category: Ordinance
Staff Work By: Lindsay Parish, James Arndt, Jonathan Perkins
Presentation By: James Arndt
Background Information: In December of 2020, the City of Paducah passed Ordinance 2020-12-8664,
approving an Interlocal Cooperative Agreement between the City of Paducah, Industrial Development
Authority and GPED. McCracken County is the recipient of annual payments under the Regional Development
Agency Assistance Program (RDAAP). The Interlocal Cooperative Agreement requires that McCracken
County designate the annual RDAAP funds to the IDA. Additionally, the Agreement requires that the City
match the annual RDAAP Funds and make payment to the IDA. The current contribution amount is $154,000.
This is will be the first annual payment under the newly adopted agreement.
In order to make the contribution to the IDA, a budget amendment is needed to move $154,000 from the Debt
Service Fund Reserve (3000 301010) to the Investment Fund IDA Account. This ordinance authorizes that
budget amendment.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: N/A
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1.budget amend 2020-21 - April 2021
2.Inv_6_from_Paducah_McCracken_Co._Industrial_Dev._Authority_9336
ORDINANCE NO. 2021-______-________
AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641,
ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1,
2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND
RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY
GOVERNMENT.”
WHEREAS, in December of 2020, the City of Paducah passed Ordinance
2020-12-8664, approving an Interlocal Cooperative Agreement between the City of
Paducah, Industrial Development Authority and GPED; and
WHEREAS, McCracken County is the recipient of annual payments under
the Regional Development Agency Assistance Program (RDAAP); and
WHEREAS, the Interlocal Cooperative Agreement requires that
McCracken County designate the annual RDAAP funds to the IDA.
WHEREAS, the Interlocal Cooperative Agreement requires that the City
match the annual RDAAP Funds and make payment to the IDA.
WHEREAS, funds now need to be transferred into an appropriate account
for in order to make the contribution to the IDA; and
WHEREAS, KRS prohibits expenses to exceed the budget in any
department and it is therefore necessary to amend the City’s FY2021 budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the annual budget for the fiscal year beginning July 1,
2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended
by the following re-appropriations:
Transfer $154,000 from the Debt Service Fund Reserve to the
Investment Fund IDA Account.
SECTION 2. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _________________________
Adopted by the Board of Commissioners, __________________________
Recorded Lindsay Parish, City Clerk, ___________________________
Published by The Paducah Sun, ________________________________
\ord\finance\budget amend 2020-21 - April 2021
Invoice
Date
4/7/2021
Invoice #
6
Bill To
City of Paducah
Jim Arndt
PO Box 2267
Paducah KY 42002-2267
Paducah McCracken Co. Industrial Dev. Authority
PO Box 1155
Paducah KY 42002-1155
P.O. No.Terms
Net 30
Total
Description Amount
Funding for the Paducah McCracken County Industrial Development Authority 154,000.00
$154,000.00
Agenda Action Form
Paducah City Commission
Meeting Date: April 27, 2021
Short Title: Approve Amendment to Sec. 2-142 of the Code of Ordinances related to the time of Regular
Commission Meetings - J ARNDT
Category: Ordinance
Staff Work By: Lindsay Parish
Presentation By: James Arndt
Background Information: Section 2-142 of the Code of Ordinances designates the regular day and time for
City Commission meetings as the second and fourth Tuesday of each month at 5:30 p.m. This action would
change the time of regular City Commission meetings to 5:00 p.m. on the second and fourth Tuesday of each
month. City Commission meetings can sometimes last for several hours. An earlier start time will allow for
business to be conducted with fewer instances of meetings that go late into the evenings.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: If adopted, the change to the Regular meeting time will be
communicated to the public via the Commission meeting highlights, social media posts, as part
of the Commission meeting preview graphic, and reflected across the City's website and
Commission Meeting agendas. Notice will be sent to local media of the time change. City staff
will be informed of the change so that they are able to answer questions from the public about
meeting time. The public comment card deadline of 3:30 p.m. for virtual meetings will not
change.
Funds Available:Account Name:
Account Number:
Staff Recommendation: Adopt and ordinance amending Section 2-142 of the Paducah Code of Ordinances
to
Attachments:
1.2-142 Commission Meetings Time Change
ORDINANCE NO. 2021-_____-________
AN ORDINANCE AMENDING SECTION 2-142
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATING TO THE
TIME OF REGULAR COMMISSION MEETINGS
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends Chapter 2 of the
Paducah Code of Ordinances by amending the following sections:
Sec. 2-142. - Time and notice of meetings.
(a) The regular meetings of the Board of Commissioners shall be held at City Hall,
unless otherwise noticed, and shall commence at [5:30] 5:00 p.m. on the second and
fourth Tuesdays of each month, except that, when such a meeting falls on a legal
holiday recognized by the City, the regular meeting will be held on the following day
at the same hour.
(b) Special or called meetings. See KRS 83A.130 (11).
(c) Any regular or special meeting may be adjourned to a future time by motion duly
passed by the affirmative vote of three (3) members of the Board of Commissioners
and any business may be transacted at an adjourned meeting which might properly
come before the regular or special meetings.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _________________________
Adopted by the Board of Commissioners, ___________________________
Recorded by the City Clerk, ____________________________
Published by the Paducah Sun, _________________________
ORD\2-142 Commission Meetings Time Change