From Notice PIH-2009-48 (HA)
Exempt Residents: The Admissions and Continuing Occupancy Policy (ACOP) presents how the PHA determines if an individual is exempt from the CSSR and the documentation needed to support the exemption. Exemptions for adult residents unable to participate, as codified at 24 CFR 960.601, include persons who are:
A. 62 years or older;
B. Blind or disabled, as defined under 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. Section 416(i)(1); Section 1382c),
- who certify that, because of this disability, she or he is unable to comply with the service provisions of this subpart, or
- is a primary caretaker of such individual;
C. Engaged in work activities (see Notice PIH 2003-17 (HA)). In order for an individual to be exempt from the CSSR requirement because he/she is “engaged in work activities,” the person must be participating in an activity that meets one of the following definitions of “work activity” contained in Section 407(d) of the Social Security Act (42 U.S.C. Section 607(d)):
- Unsubsidized employment;
- Subsidized private-sector employment;
- Subsidized public-sector employment;
- Work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;
- On-the-job-training;
- Job-search and job-readiness assistance;
- Community service programs;
- Vocational educational training (not to exceed 12 months with respect to any individual);
- Job-skills training directly related to employment;
- Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;
- Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalency, in the case of a recipient who has not completed secondary school or received such a certificate; and,
- The provision of childcare services to an individual who is participating in a community service program;
D. Able to meet requirements under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. Section 601 et seq.) or under any other welfare program of the State in which PHA is located including a State-administered Welfare-to-Work program; or,
E. A member of a family receiving assistance, benefits, or services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. Section 601 et seq.), or under any other welfare program of the State in which the PHA is located, including a State-administered Welfare-to-Work program, and has not been found by the State or other administering entity to be in noncompliance with such a program.
PHAs are encouraged to use 30 hours per week as the minimum number of hours for a work activity as described in Section 407(d) of the Social Security Act, and implementing regulations 45 CFR 261.31(1)(a)(1). PHAs can use reasonable guidelines in clarifying this statutory list of work activities in coordination with the Temporary Assistance to Needy Families (TANF) agency, as appropriate (see Notice PIH 2004-17(HA)).
PHAs must describe in its CSSR policy the process to determine which family members are exempt from the requirement, as well as the process for determining any changes to the exempt status of the family member. PHAs provide the family a copy of CSSR policy at initial application and secure certification of receipt as shown in Attachment A, (see 24 CFR 960.605(c)(2)).
PHAs make the final determination whether to grant an exemption from the community service requirement. If a resident does not agree with the PHA’s determination, the resident may dispute the decision through the PHA’s Grievance Procedures (see 24 CFR Part 966 Subpart B, 24 CFR 960.607(b).
PHAs include in the CSSR policy that an exemption to the requirement is verified annually by the PHA. At least 30 days before the annual reexamination and/or lease expiration, the PHA reviews the exempt or nonexempt status and compliance of family members (see 24 CFR 960.605(c)(3)).
You should visit your Project Management Office if you have questions concerning who must comply and those who are exempt from the Community Service requirement. The Community Service requirement is federally mandated program and non-compliance can lead to eviction action being taken against those residents who are not fulfilling their Community Service obligations.