HUD HCV Guidebook § 2

• Clarify the role of owners in
                                                                                      the HCV program, and
        Introduction
                                                                                  • Clarify the role of the PHA
Prior to issuing a voucher to a family, a PHA must2 give the family an                and its expectations of
oral briefing, in person or virtually, as well as an information packet,              HCV program participants.
outlining the HCV program requirements.
The oral briefing and information packet must include certain required
subjects as prescribed in Sections 2.2 and 2.3 of this chapter. In
addition, PHAs should use the oral briefing to communicate basic
program requirements and any PHA-specific requirements. The PHA
should give the family an overview of the contents of the briefing packet,
so families are aware of the information contained in the packet and,
therefore, will be more likely to refer to the packet during the housing
search and leasing process.

1
    HUD has a separate HCV Guidebook chapter on Moves and Portability.
2
    24 CFR 982.301(a)

Although the briefing presentation and the contents of the information packet are discussed under separate
subheadings below, they are very much related in practice. The information packet is typically distributed
during the briefing session and parts of the briefing involve explaining items contained in the information
packet.
Important benefits can be gained by dedicating staff time and resources to this “front-end” process. Families
who are not properly briefed often require more assistance from PHA staff to find a unit. This can place
unnecessarily heavy demands on staff time and affect the agency’s ability to achieve its monthly leasing
objectives and complete other important processing functions, such as monthly reexaminations. PHAs that
are committed to conducting high-quality briefings often find that they can administer the program more
efficiently.
PHAs in areas where applicants have limited English proficiency (LEP) shall take steps to ensure meaning
access, including but not limited to, conducting a bilingual briefing, or arranging for an interpreter to be
present at the briefing because of its importance. Similarly, the written material that accompanies the briefing
should be translated to the extent possible. PHAs can draw upon the bilingual skills of various community
organizations or their own staff to assist in briefing families and translating documents. The PHA must take
reasonable steps to ensure meaningful access to their programs and activities to persons with limited English
proficiency (LEP) in accordance with Title VI of the Civil Rights Act of 1964 and HUD's implementing
regulations at 24 CFR part 1. PHAs may not require families to bring their own interpreters and cannot ask
children to interpret for their parents. As an aid to recipients, HUD published “Final Guidance to Federal
Financial Assistance Recipients: Title VI Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons” (LEP Guidance) in the Federal Register on January 22, 2007 (72 FR 2732).
More information on LEP can be found at https://www.hud.gov/stat/fheo/limited-english-proficiency and at
http://www.lep.gov. Also, see Fair Housing Requirements chapter.

Oral Briefing Topics
The oral briefing provides the PHA with a unique and important opportunity to set the tone for the relationship
between the PHA and the participating family.
Most families invited to a briefing are unfamiliar with rules of the HCV program, which means that delivering
the information in a simple, clear, and well-organized way can help the family understand the information.
Families should be given an opportunity to ask questions and discuss the information presented. Many
presenters find it helpful to use videos, slide presentations, charts, maps, and other visual and media aids to
deliver the message.
The oral briefing must3 provide information on the following subjects:
      •    How the Housing Choice Voucher program works;
      •    Family and owner responsibilities;
      •    Where the family can lease a unit, including renting a unit inside or outside the PHA’s jurisdiction, and
           any information that HUD provides on selecting a unit;
      •    An explanation of how portability works – the family must be informed of how portability may affect the
           family's assistance through screening, subsidy standards, payment standards, and any other elements
           of the portability process that may affect the family's assistance;

3
    24 CFR 982.301(a)(1)-(3)

•    An explanation of the advantages of areas that do not have a high concentration of low-income
         families; and
    •    Information on the reasonable accommodation process and take appropriate steps to ensure effective
         communication in accordance with 24 CFR 8.6 and 28 CFR part 35, subpart E.

Effective Communication Requirements
The PHA must4 take appropriate steps to ensure effective communication using appropriate auxiliary aids and
services, such as interpreters, transcription services, braille materials, large print, and accessible electronic
communications, in accordance with Section 504 and Americans with Disabilities Act (ADA) requirements.
Section 504 of the Rehabilitation Act of 1973 (as amended) prohibits discrimination under any federally-
assisted program solely on the basis of a disability. The ADA extends this nondiscrimination protection to all
services, programs, and activities provided or made available by public entities and to the facilities, services,
and accommodations of certain private entities, including PHAs. In addition, the Fair Housing Act makes it
illegal for housing providers to refuse to make reasonable accommodations, including taking steps that may
be necessary to ensure effective communications with individuals with disabilities.
PHAs must5 ensure that HCV applicants have an equal opportunity to participate in the program by providing
notices and communications during the briefing session(s) and meeting(s) in a manner that ensures effective
communication with persons with hearing, visual, and other disabilities consistent with Section 504 and the
ADA. This includes ensuring that training materials are in appropriate alternative formats as needed to ensure
effective communication, e.g., braille, audio, large type, sign language, or other types of interpreters,
accessible electronic communications, transcription services, and assistive listening devices. Under the
effective communication requirement, steps must be taken to ensure that communications are provided in
the most appropriate setting for the individual with a disability. It is also necessary to give primary
consideration to the means of communication preferred by the individual with a disability. PHAs are not
required to take any actions that would result in a fundamental alteration in the nature of the program or
activity or in an undue financial and administrative burden. See the Fair Housing Requirements chapter.

Other Briefing Topics
Below is a list of other topics PHAs are encouraged to consider discussing in the briefing:
    •    Tips on how to find a suitable unit and family considerations when deciding whether to lease a unit,
         including unit condition, reasonableness of rent, cost of tenant-paid utilities, whether the unit is
         energy-efficient, and location of unit;
    •    Tips on how to negotiate a lease;
    •    Housing Quality Standards (HQS)6, focusing on common reasons that units fail HQS during initial
         inspections (based on national, regional, or PHA-specific information);

4
  24 CFR 8.6; 28 CFR 35.160-164; 28 CFR 36.303
5
  24 CFR 8.6
6
  On May 11, 2023, HUD published 88 FR 30442 in the Federal Register (“NSPIRE final rule”). The NSPIRE final rule
establishes a new approach to defining and assessing housing quality called the National Standards for the
Physical Inspection of Real Estate (NSPIRE). While Housing Quality Standards have been redefined as NSPIRE
standards, the HQS terminology remains in regulatory and statutory language, and voucher inspections will still
be considered HQS inspections. See Section 9.3 of this chapter.

•   Discussion of significant aspects of applicable state and local laws, including fair housing laws and
        source of income protections where applicable;
    •   Information on housing opportunities within the PHA’s jurisdiction, particularly in low poverty areas;
    •   Information on the quality of neighborhoods, including the availability of job opportunities, quality of
        schools, access to public transport, and other community services;
    •   Information on the availability of local community resources for which families can apply to
        complement their housing assistance. (This might include any financial assistance for security
        deposits and other moving costs. Effective use of these services and resources may help to prevent
        difficulties for the family during tenancy);
    •   Information on the PHA’s efforts to assist individuals with locating available accessible housing,
        including its current listing of available accessible units, for example, providing accessible
        transportation to individuals with disabilities to visit potential rental units; and
    •   Explanation of security deposit requirements. Families should be informed of three points:
             o The cost of the security deposit is not covered under the HCV program. Owners may collect a
                  security deposit but are not required to do so, and amounts collected may vary. Some owners
                  may agree to allow the family to pay the security deposit in installments over the term of the
                  lease. Depending upon the housing market and jurisdiction, some PHAs may be able to give
                  families indication of how much of a security deposit they can expect to pay for various types
                  of units. Providing this information to the family upfront can help the family better plan for this
                  expense.
             o The purpose of the security deposit. When a participant moves out of the unit, the owner may
                  use the security deposit and any interest accrued as reimbursement for any unpaid rent
                  payable by the tenant and damages to the unit or for other amounts the tenant owes under
                  the lease. The owner must7 give the tenant a written list of all items charged against the
                  security deposit and the amount of each item. After deducting any charges, the owner must8
                  promptly refund the full amount of the remaining balance to the tenant. If the security deposit
                  is not sufficient to cover the amount the tenant owes under the lease, the owner may seek to
                  collect the balance from the tenant. Rules governing security deposits are generally covered
                  in state law.
             o The PHA’s security deposit policy. If applicable, the PHA should explain its security deposit
                  policy. PHAs may choose to develop policies that limit the security deposit to no more than an
                  amount commonly charged in the private market or to no more than the owner charges to
                  unassisted tenants9. Other than this, the PHA cannot place any restrictions on the security
                  deposit amount charged by owners.

7
  24 CFR 982.313(d)
8
  24 CFR 982.313(d)
9
  24 CFR 982.313(b)

Contents of Briefing Packet