Legal advocacy group criticizes changes to Section 8 program

CEDAR RAPIDS - A nonprofit advocacy group providing legal aid for low-income Iowans says local changes to rules for the Section 8 Housing Choice Voucher Program will have 'significant negative consequences” for some of the areas most vulnerable residents.

In a letter dated April 10 and sent to Cedar Rapids officials, Iowa Legal Aid - which has offices in 10 cities, including Cedar Rapids - takes issue with updates to administrative plan sections regarding family obligation and criteria for terminating assistance.

Section 8 provides rental assistance to those with very low incomes.

'Rather than weed out recipients that are not residing in their home, this change is more likely to cause homelessness as a result of otherwise normal activity,” wrote Ericka Petersen, a staff attorney for Iowa Legal Aid.

Petersen is referring to a new requirement that Section 8 recipients provide notice to the Cedar Rapids Housing Service Office - which houses the Public Housing Authority of Linn and Benton Counties - for any absence greater than 14 days, down from 30 days, as had been the policy.

City officials defended the changes noting the family obligation rules still afford 'reasonable accommodation when contacted by the tenant before or immediately upon absence from the unit.” And, it only applies when all family members are absent, Cedar Rapids spokeswoman Maria Johnson said on Wednesday.

Sara Buck, the Cedar Rapids housing program manager, told the Cedar Rapids City Council during a Tuesday meeting that tenants who are absent for medical reasons would fall under a 'reasonable accommodation.”

'We would absolutely not be terminating their assistance because they were in the hospital,” she said.

Also at issue are changes to the termination of assistance criteria that Petersen said shifts the burden of proof for assistance from program administrators to participants who may lack the ability to advocate for themselves. The changes also lack guidance on when housing authority staff should consider mitigating factors in making a termination decision, she added.

But Johnson said the termination rule change simply replaces the word 'will” with 'may” in regards to whether mitigating circumstances should be considered. She said this language is consistent with the federal regulations.

The Iowa Legal Aid letter was not marked as received by the city until 11 a.m. Tuesday, April 11, just one hour before the Cedar Rapids City Council met and approved changes to the administrative plan.

'If we had received these comments earlier we would have reached out to them and had an opportunity to consider possible changes,” Johnson said.

The city's Housing Services Office administers the Section 8 Housing Choice Voucher Program, which is federally funded by the U.S. Department of Housing and Urban Development, or HUD. The program is designed to help 'very low-income families and individuals with rental assistance for decent, safe and sanitary housing, provided by private owners and rental agents,” according to city documents outlining the changes.

Approximately 1,200 families a year receive help with rent assistance through the local program, according to city officials.

HUD requires housing authorities amend their plans to meet current regulations and those changes are due by April 17, which is why the City Council had to take action, city officials said. The changes take effect on July 1.

'We will be contacting Iowa Legal Aid to discuss the issues they noted,” Jennifer Pratt, community development director for Cedar Rapids, said in an email, adding that if the discussion leads to changes, they could still be reviewed and approved by the City Council before July 1.

l Comments: (319) 339-3177; brian.morelli@thegazette.com