12. Work Requirement
The agency is authorized to implement a requirement that a specified segment of its PH and/or HCV residents work as a condition of tenancy, subject to all applicable fair housing and civil rights requirements and the mandatory admission and prohibition requirements imposed by sections 576-578 of the Quality Housing and Work Responsibility Act of 1998 and Section 428 of P.L. 105-276. Work requirements shall not apply to persons with disabilities or the elderly. However, persons with disabilities or the elderly, and families that include persons with disabilities or the elderly, must have equal access to the full range of program services and other incentives. The agency must update its Administrative Plan and/or Admissions and Continued Occupancy Plan (ACOP) to include a description of the circumstances in which families shall be exempt from the requirement. The Administrative Plan and/or ACOP should include a description of what is considered work as well as acceptable substitutes for work. The PHA Executive Director or Board may suspend the sanctions policy due to negative local economic conditions.
Safe harbors marked with an asterisk (*) cannot be waived through either the Safe Harbor Waiver process or the Agency-Specific Waiver process.
12.b. Work Requirement (HCV)
The agency may implement a work requirement for HCV residents who are at least 18 years old. Additionally, residents must be non-elderly and non-disabled.
Statutes and Regulations Waived
Work Requirement (HCV)
Certain provisions of 24 C.F.R.982.551.
Safe Harbor(s) - 12.a.
- If the work requirement policy applies to all eligible individuals—the maximum requirement would be 15 hours of work per week per individual.
- If the local work requirement policy applies to all eligible households, the maximum requirement would be 30 hours of work per week per household.
- Prior to implementation, all residents shall be given notice six months in advance of the sanction policy for non-compliance.
- The work requirement may apply to non-elderly, non-disabled households or non-elderly, non-disabled adult household members.*
- Those individuals exempt from the Community Service Requirement in accordance with Section 12(c)(2)(A), (B), (D) and (E) of the 1937 Act must be exempt from the agency’s work requirement.*
- Individuals who are the primary caretaker for a child under 6 years of age or who are pregnant must also be exempt from the agency’s work requirement.
- Supportive services shall be provided, either through the agency or a partner organization, to assist families in obtaining employment or an acceptable substitute, as defined by the MTW agency’s policy.
- Work requirements shall not be applied to exclude, or have the effect of excluding, the admission of or participation by persons with disabilities or elderly individuals, or families that include persons with disabilities or elderly individuals.*
- Agency must conduct an annual impact analysis.*
- Agency must implement a hardship policy, including a policy to address tenants seeking a determination of disability status.*
- The hardship policy in the ACOP and/or Administrative Plan must apply to families who are actively trying to comply with the agency's work requirement, but are having difficulties obtaining work or an acceptable substitute.*
- The ACOP and/or Administrative Plan must also describe the consequences of failure to comply with the work requirement.*