On the agenda: Anaheim meeting — Data Center (Feb 18)

City of Anaheim
Housing and Community Development Commission Meeting
Council Chamber, City Hall
200 S Anaheim Blvd., Anaheim, CA 92805
February 18, 2026
5:00 P.M.
I.

CALL TO ORDER

II.

PUBLIC COMMENTS

III.

APPROVAL OF MINUTES
1) February 4, 2026

IV.

ACTION ITEMS
1) FY 26-27 PHA Annual Plan and FY 26-27 AHA Administrative Plan – Andrea Raez
2) Five -Year Master Agreement with Benevate dba Neighborly Software – Linda Ly

V.

INFORMATIONAL ITEMS

VI.

COMMISSIONER’S REPORTS AND COMMENTS

VII.

STAFF COMMENTS

VIII.

ADJOURNMENT

Edwin Puebla

________________________________
Edwin Puebla, Senior Secretary

POSTING STATEMENT: The agenda was posted by Friday, February 13, 2026, 2026, at 5 p.m. a true and correct copy of this
agenda was posted in the lobby of City Hall at 200 S Anaheim Blvd. Anaheim, CA 92805 and online at the Agenda Center at
http://www.anaheim.net/AgendaCenter/.
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to
persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related
modification or accommodation in order to observe and/or offer public comment may request such reasonable modification,
accommodation, aid, or service by contacting the Community and Economic Development Department at 714-765-4300 ext.
4838 or via email to [email protected] no later than 72 hours prior to the scheduled meeting.
Any writings or documents provided to a majority of the Anaheim Housing and Community Development Commission
regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for
public inspection by contacting the Community Development Department located at 201 S. Anaheim Blvd., Suite 1003,
during regular business hours.

February 4, 2026
Draft Minutes
ANAHEIM HOUSING & COMMUNITY DEVELOPMENT COMMISSION
Council Chambers, City Hall
201 S. Anaheim Blvd., Anaheim, CA 92805

PRESENT:

Dara Maleki, Marc Flores, Lisa Dulyea, Felipa Penaloza, Robert Esparza

ABSENT:

Cassandra Perez, Gabriel Dima-Smith

PUBLIC:

Janice Hecael

STAFF:

Executive Director
Housing Services Manager
Sr. Secretary
Real Property Specialist II

I.

Grace Stepter
Kerrin Cardwell
Edwin Puebla
Jeanett Carabez

CALL TO ORDER:
Chair Dara Maleki called the meeting to order at 5:10 p.m.

II.

MINUTES:
Commissioner Felipa Penaloza noted an error to January 21, 2026, minutes which stated that
Commissioner Cassandra Perez was present at the January 21, 2026, meeting. Commissioner
Cassandra Perez was not in attendance.
Commissioner Felipa Penaloza first motioned the approval of minutes for the January 21,
2025, HCDC meeting. Commissioner Lisa Dulyea seconded the motion.
Motion passed (5-0-0).

III.

PUBLIC COMMENTS/HEARING:
None

IV.

ACTION ITEMS:
Real Property Specialist Jeanett Carabez noted that the Lease Agreement between the
Anaheim Housing Authority and the Anaheim Community Foundation (ACF) was continued by
the Housing and Community Development Commission at the January 21, 2026, meeting, due
to pending questions regarding the lease. Staff are recommending the Governing Board of
the Anaheim Housing Authority approve of a temporary Lease Agreement between the
Anaheim Housing Authority and the Anaheim Community Foundation (ACF), to provide
administrative office space at 883. S Anaheim Blvd., authorizing the Executive Director or her

HCDC Draft Minutes
February 4, 2026, Page 2

designee to execute and implement the terms of the lease on behalf of the Housing
Authority. Jeanett Carabez presented that ACF provides grants, emergency assistance, and
other community programs directly benefiting Anaheim residents, as well as a collaborative
space for nonprofit organizes to complete administrative duties.
Commissioner Marc Flores revisited the question of general property maintenance. Executive
Director Grace Stepter explained that ACF will maintain an account for routine maintenance
to keep the property functioning and well maintained. General maintenance repair is
currently underway; however, Grace Stepter affirmed the property is not in a deteriorated
state.
During the presentation, Chair Dara Maleki invited Janice Hecael, Executive Director of the
Anaheim Community Foundation to speak on its plans for utilizing the space. Janice Hecael
explained that ACF was founded in 1984 and supported by City staff for thirty-five years until
eventually becoming independent from the City. Since 2020, the ACF has occupied office
space near the ARTIC Train Station, which has served as a community hub, allowing nonprofits such as Girls Inc., and Big Brothers and Big Sisters, to utilize the space for staff
meetings and workshops. The ACF eventually vacated the space due to construction of the
new OCVibe. Since then, the ACF has been actively seeking alternative office space.
In closing comments, Janice also noted that any nonprofit organizations that serve Anaheim
residents are eligible to apply to use the office space, pending approval from the Housing
Authority.
Commissioner Marc Flores first motioned the approval of the item. Commissioner Felipa
Penaloza seconded the motion. Commissioner Lisa Dulyea abstained.
The motion passed with majority vote. (4-1-0)
V.

INFORMATIONAL ITEMS:
None

VI.

COMMISSIONER REPORTS AND COMMENTS:
None

VII.

STAFF COMMENTS:
None

HCDC Draft Minutes
February 4, 2026, Page 3

VIII.

ADJOURNMENT:
Chair Dara Maleki adjourned the meeting at 5:38 p.m.

Respectfully submitted,
Edwin Puebla, Senior Secretary
Housing and Community Development Commission

City of Anaheim

ANAHEIM HOUSING AUTHORITY
ANAHEIM WEST TOWER, 201 S. ANAHEIM BLVD, ANAHEIM CA 92805

DATE:

February 18, 2026

TO:

Housing and Community Development Commission

FROM:

Housing and Community Development Department

SUBJECT:

Public Hearing for Anaheim Housing Authority’s FY 2026-2027 Annual
Public Housing Agency Plan and FY 2026-2027 Administrative Plan

RECOMMENDATION:
That the members of the Anaheim Housing and Community Development Commission
review and, by motion, recommend that the Governing Board of the Anaheim Housing
Authority approve the Anaheim Housing Authority’s FY 2026-2027 Annual Public
Housing Agency Plan and FY 2026-2027 Administrative Plan as an attachment of the
Annual Plan.
DISCUSSION:
Section 511 of the Quality Housing and Work Responsibility Act of 1998 established the
requirement for Public Housing Agencies (PHAs) to develop and maintain PHA Plans,
including a Five-Year Plan and an Annual Plan. PHA Plans inform the U.S. Department of
Housing and Urban Development (HUD), Housing Choice Voucher (HCV) program
participants, stakeholders, and members of the public about the PHA’s strategy for serving
the needs of low-income and very low-income families. This year, the Anaheim Housing
Authority (AHA) is presenting the Annual Plan for FY 2026-2027 (Attachment 1) and the
Administrative Plan for FY 2026-2027 (Attachment 2) for your consideration.
The Five-Year Plan outlines the PHA's overall mission, goals, and objectives for a fiveyear period and is submitted to HUD on a five-year cycle. The AHA’s current FiveYear Plan covers FY 2025-2029, and it was reviewed and approved by the AHA’s
Governing Board on April 8, 2025. It was subsequently submitted to HUD on April 17,
2025, and approved on September 16, 2025. The Annual Plan provides a focused update
on the PHA’s immediate operations, funding, and services for the previous fiscal year,
as well as plans for the next fiscal year. The Annual Plan, submitted annually, must
align with the Five-Year Plan and the One-Year Consolidated Plan for the same
planning period. It also reports progress toward achieving the goals set in the Five-Year
Plan. HUD provides PHAs with electronic templates to prepare and submit their PHA
Plans. In most sections, information is provided by selecting pre-established check
boxes from HUD. Where applicable, greater detail on the programs and services offered
by AHA is provided through attachments to the electronic template.
Anaheim West Tower
201 S. Anaheim Blvd., Second Floor
Anaheim, CA 92805
TEL (714) 765-4320
FAX (714) 765-4654

City of Anaheim

ANAHEIM HOUSING AUTHORITY
ANAHEIM WEST TOWER, 201 S. ANAHEIM BLVD, ANAHEIM CA 92805

As an attachment to the PHA Plans, the AHA is required by HUD to maintain an
Administrative Plan that details its policies for implementing the HCV program. The
Administrative Plan is an attachment to the Annual PHA Plan, and contains all
proposed policy changes that guide the administration of the HCV program. The
Administrative Plan must comply with federal regulations and be approved by the AHA
Governing Board. It is generally updated annually or more frequently when significant
changes to program policies occur. Below is a summary of the proposed policy changes,
which are detailed in Attachment 2.
This year, the Administrative Plan is being revised to incorporate an Emergency
Housing Voucher (EHV) preference on AHA’s HCV, Project-Based, and Mainstream
waiting lists. This proposed preference is in response to HUD’s nationwide notification
to PHAs that EHV funding is expected to end earlier than originally projected, placing
EHV households at risk of homelessness. On December 12, 2025, AHA successfully
received HUD approval for a waiver that allows the transition of EHV families onto the
HCV waiting list, and is proposing this preference structure to implement that
transition. This EHV preference structure was informed by an analysis of AHA EHV
households’ vulnerability. Consistent with HUD guidance, the proposed EHV
preference is intended to facilitate the orderly transition of EHV households into other
available rental assistance programs while supporting continuity of housing stability.
The proposed Administrative Plan also includes a policy update to discontinue the use
of the Enterprise Income Verification (EIV) income report during interim reexaminations, as the data is frequently outdated and, in many cases, not relevant to the
family's reported income change. In addition, AHA is proposing policy revisions to
incorporate the new state law, AB 628, which requires landlords to provide refrigerators
and stoves. Another new proposed policy change allows families participating in the
Family Self-Sufficiency (FSS) program to request an interim reexamination when their
income increases. This policy will enable them to grow their escrow account faster,
consistent with the intent of the FSS program. Additional policy clarifications include
procedures for submitting annual reexamination documentation by mail, and income
reporting requirements when changes occur.
As required by HUD, a Resident Advisory Board (RAB) consisting entirely of HCV
program participants is formed each year to assist in the preparation and review of the
plans stated herein. This year, AHA held an in-person RAB meeting on January 29,
2026, to gather input, and 11 program participants attended. A summary of the RAB
members’ input and AHA’s responses is included in the Annual Plan Attachment 1.
Overall, the RAB expressed support for the anticipated plans, and there were no
objections to any content or proposed policy changes.

Anaheim West Tower
201 S. Anaheim Blvd., Second Floor
Anaheim, CA 92805
TEL (714) 765-4320
FAX (714) 765-4654

City of Anaheim

ANAHEIM HOUSING AUTHORITY
ANAHEIM WEST TOWER, 201 S. ANAHEIM BLVD, ANAHEIM CA 92805

Drafts of the PHA Plans and all attachments were made available for public comment
for the mandated 45-day period commencing on December 26, 2025, to February 9,
2026. Public notices summarizing the purpose and content of the Plans and the date of
the public hearing were published in issues of the Orange County Register, La Opinion,
and Nguoi Viet Daily News, and on the AHA website on December 26, 2025, and on
the Anaheim Bulletin on January 1, 2026. No elements of the proposed plans were
challenged or opposed, and no public comments were received.
The plans submitted to the Governing Board of the Anaheim Housing Authority for
approval may include changes responsive to public comments received at this public
hearing. The plans must be approved by the Anaheim Housing Authority’s Governing
Board and submitted to HUD by April 17, 2026. AHA intends to submit the PHA Plan
to HUD following AHA’s Governing Board approval and plans to make the
Administrative Plan effective April 1, 2026. AHA confirmed directly with HUD that
PHAs may set their own effective date for their Administrative Plan.
ATTACHMENT:
Attachment 1 - Annual Public Housing Agency (PHA) Plan for Fiscal Year 2026-2027
Attachment 2 - Administrative Plan Policy Changes for Fiscal Year 2026-2027

Anaheim West Tower
201 S. Anaheim Blvd., Second Floor
Anaheim, CA 92805
TEL (714) 765-4320
FAX (714) 765-4654

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: 09/30/2027

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. They also inform 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-, very low-, and extremely low- income families.
Applicability. The 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 (HCVs) and was designated

(2)
(3)
(4)
(5)
(6)

as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP)
assessments if administering both programs, SEMAP for PHAs that only administer tenant-based assistance and/or project-based assistance, or PHAS if only
administering public housing.
Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers
where the total combined units exceed 550.
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.
Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and
that was designated as a standard performer in the most recent PHAS and SEMAP assessments.
Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent.
Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or HCVs combined and is not PHAS or SEMAP troubled.

A.

PHA Information.

A.1

Anaheim Housing Authority
CA104
PHA Name: ______________________________________________________
PHA Code: _______________
07/2026
PHA Plan for Fiscal Year Beginning: (MM/YYYY): ______________
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above)
6,438
Number of Housing Choice Vouchers (HCVs) ____________
PHA Plan Submission Type: ✔ Annual Submission
Revised Annual Submission

Public 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 each Asset Management Project
(AMP) and main office or central office of the PHA and should make documents available electronically for public
inspection upon request. PHAs are strongly encouraged to post complete PHA Plans on their official websites and to
provide each resident council with a copy of their PHA Plans.

This Annual PHA Plan and all relevant documentation is available at the Anaheim Housing
Authority:
• Office: located at Anaheim City Hall – West Tower, 201 S. Anaheim Blvd., 10th Floor
Anaheim, CA 92805 – Available Monday-Friday, between the hours of 8:00 a.m. and 5:00
p.m.; and
• Website: www.anaheim.net/1947/Public-Documents

Previous version is obsolete

Page 1 of 7

form HUD-50075-HCV (09/30/2027)

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:

B.

Plan Elements.

B.1

Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?
Y

N
✔

✔
✔
✔

Statement of 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):

Please see the following attachments:
Attachment 1 – Summary of Revisions to the Administrative Plan and Significant
Amendment/Modification
Attachment 2 – Deconcentration and Other Policies that Govern Eligibility, Selection, &
Admissions Policies
Attachment 3 – Financial Resources Table
Attachment 4 – Rent Determination Policies

Previous version is obsolete

Page 2 of 7

form HUD-50075-HCV (09/30/2027)

B.2

New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s applicable Fiscal
Year?
Y
✔

N
Project-Based Vouchers

(b) If Project-Based Voucher (PBV) activities are planned for the applicable Fiscal Year, provide the projected
number of PBV units and general locations, and describe how project-basing would be consistent with the PHA Plan.

The Anaheim Housing Authority (AHA) plans to implement several Project-Based Voucher (PBV)
activities during Fiscal Year 2026–2027. These efforts are consistent with the goals outlined in the
PHA Plan to increase the supply of affordable housing, address the needs of special populations, and
support housing stability through strategic partnerships and leveraging of other funding sources.
- Beach-Lincoln Apartment Project: The Beach-Lincoln Apartment Project, located at 130 S. Beach
Boulevard, is a 47-unit, 100% affordable, intergenerational rental housing development. The project
received a Low-Income Housing Tax Credit (LIHTC) award in September 2024 and includes 9 units
specifically designated for individuals exiting the foster care system. The AHA has awarded 46 PBVs
to support this development. The project commenced construction in April 2025 and is scheduled for
completion in November 2026.
- Tampico Motel: Located at 120 S. State College Boulevard, the Tampico Motel is proposed for
redevelopment into an affordable housing project. AHA intends to support this project with 38 PBVs
upon confirmation of eligibility and funding, for homeless Transitional Aged Youth. The project
commenced construction in June 2025 and is anticipated to be completed by December 2026.
B.3

Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.

Please refer to Attachment 5 – Progress Report, which provides updates on the
accomplishments and progress toward the goals established in the 5-Year PHA Plan.

Previous version is obsolete

Page 3 of 7

form HUD-50075-HCV (09/30/2027)

B.4

Capital Improvements. – Not Applicable

B.5

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:

The FY 2023-2024 Single Audit did not have any findings related to the administration of
federal HUD programs. The results of the FY 2024-2025 Single Audit are currently
pending.

C.

Other Document and/or Certification Requirements.

C.1

Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y

N

✔

(b) 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.

Please see Attachment 6 of this Plan, which contains the RAB member comments.

Previous version is obsolete

Page 4 of 7

form HUD-50075-HCV (09/30/2027)

C.2

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.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since
Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws
and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic
attachment to the PHA Plan.

C.4

Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an
attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response
to the public.
(a) Did the public challenge any elements of the Plan?
Y N
✔

(b)

If yes, include Challenged Elements.

This Plan was available for public comment from Friday, December 26 2025, through
February 9, 2026. As of December 26, 2025, there are no challenged elements. This
document will be updated if any elements are challenged.

Previous version is obsolete

Page 5 of 7

form HUD-50075-HCV (09/30/2027)

Instructions for Preparation of Form HUD-50075-HCVAnnual PHA Plan for HCV-Only PHAs
A.

PHA Information. All PHAs must complete this section (24 CFR 903.4).
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 Public Availability of Information, specific location(s) of all information relevant to the public hearing and
proposed PHA Plan. Note: The number of HCV’s should include all special purpose vouchers (e.g. Mainstream Vouchers, etc.) (24 CFR 903.23(e)).
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table (24 CFR 943.128(a)).

B.

Plan Elements. All PHAs must complete this section (24 CFR 903.11(c)(3)).
B.1 Revision of Existing 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."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very
low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in
the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. 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 (iii) households with
individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenantbased assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available
data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location.
The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR 903.7(a)(2)(i)).
Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and
the PHA’s reasons for choosing its strategy (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)).
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 subject to Section 3 of the Housing and Community Development Act
of 1968 (24 CFR Part 135) 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(s)(2)(i)).
Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and
Annual Plan (24 CFR 903.7(s)(2)(ii)).
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2

New Activities. If the PHA intends to undertake any new activities related to these elements in the applicable Fiscal Year, mark “yes” for those elements,
and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.”
Project-Based Vouchers. Describe any plans to use HCVs for new project-based vouchers, which must comply with PBV goals, civil rights
requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 24 CFR 983.55(b)(1) and set forth in the PHA Plan statement
of deconcentration and other policies that govern eligibility, selection, and admissions. If using project-based vouchers, provide the projected number of
project-based units and general locations (including if PBV units are planned on any former or current public housing units or sites), and describe how
project-basing would be consistent with the PHA Plan (24 CFR 903.7(b)(3), 24 CFR 903.7(r).)

Previous version is obsolete

Page 6 of 7

form HUD-50075-HCV (09/30/2027)

B.3

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(s)(1)).

B.4

Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only
PHAs.

B.5

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 903.7(p)).

C. Other Document and/or Certification Requirements.
C.1

Resident Advisory Board (RAB) comments. If the RAB had comments on 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).

C.2

Certification by State of 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 (24 CFR 903.15). Note: A PHA may request to change
its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the
PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077
ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that
Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations
Including PHA Plan Elements that Have Changed 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 certification requirement to affirmatively
further fair housing if the PHA fulfills the requirements of 24 CFR 5.150 et seq., 24 CFR 903.7(o)(1), and 24 CFR 903.15.

C.4

Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment
to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response
to the public (24 CFR 903.23(b)).

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 4.52 hours 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. Send comments regarding this
burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Reports Management Officer, REE,
Department of Housing and Urban Development, 451 7th Street, SW, Room 4176, Washington, DC 20410-5000. When providing comments, please refer to
OMB Approval No. 2577-0226. 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 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.

Previous version is obsolete

Page 7 of 7

form HUD-50075-HCV (09/30/2027)

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Summary of Revisions to the 2026 Section 8 Housing Choice Voucher Administrative Plan

Page 1 of 16

The Anaheim Housing Authority (AHA) is required to maintain an Administrative Plan (Plan) that outlines the policies and
procedures governing the administration of its Section 8 Housing Choice Voucher (HCV) program. Since the last revisions took effect
on July 1, 2025, some sections of the Plan are currently being updated with new or revised policies.

This attachment reflects the revisions made to the Administrative Plan regarding the Section 8 HCV, Project-Based Voucher (PBV),
and special-purpose voucher programs. Summaries of the changes being made are listed below. For your reference, the revisions are
listed under the “PROPOSED PHA ADMIN PLAN LANGUAGE” column.
Significant Amendment/Modification

In the FY 2025-2029 Five-Year PHA Plan, the AHA defined a significant amendment or modification to the PHA Plan as a change in
program policy, including changes to rent, admissions policies, and organization of the waiting list or terminations. Exceptions to this
definition will be made for changes that are adopted to reflect changes in U.S. Department of Housing and Urban Development
(HUD) regulatory requirements or if such changes are adopted in response to a significant reduction in funding.
Revisions

The proposed 2026 Administrative Plan, including the proposed tracked changes and revisions, is available here:
https://www.anaheim.net/1947/Public-Documents

Page 2 of 16

PREVIOUS PHA ADMIN PLAN LANGUAGE:

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

PROPOSED PHA ADMIN PLAN LANGUAGE:

4-III.C. Selection Method
[…]

CHAPTER 4: APPLICATIONS, WAITING LIST AND TENANT SELECTION
Chapter Section: 4-III.C. Selection Method
Subsection (if any): Local Preferences

4-III.C. Selection Method
[…]

Local Preferences [24 CFR 982.207; HCV p. 4-16]

PHA Policy

Local Preferences [24 CFR 982.207; HCV p. 4-16]

PHA Policy

The PHA may open its waiting list only to certain local
preferences [PIH Notice 2012-34].

PHAs are permitted to establish local preferences, and to give priority
to serving families that meet those criteria. HUD specifically
authorizes and places restrictions on certain types of local
preferences. HUD also permits the PHA to establish other local
preferences, at its discretion. Any local preferences established must
be consistent with the PHA plan and the consolidated plan, and must
be based on local housing needs and priorities that can be documented
by generally accepted data sources.

The PHA may open its waiting list only to certain local
preferences [PIH Notice 2012-34].

The following is a list of local preferences offered by the PHA
in their order of selection.

PHAs are permitted to establish local preferences, and to give
priority to serving families that meet those criteria. HUD
specifically authorizes and places restrictions on certain types of
local preferences. HUD also permits the PHA to establish other local
preferences, at its discretion. Any local preferences established must
be consistent with the PHA plan and the consolidated plan, and must
be based on local housing needs and priorities that can be
documented by generally accepted data sources.

The following is a list of local preferences offered by the
PHA in their order of selection.

1. Special Needs Populations

For up to 172 vouchers, preference will be granted to nonelderly disabled persons that are transitioning out of
institutional or other segregated settings or are homeless.

1. Special Needs Populations
2.1.For up to 172 vouchers, preference will be granted to
non-elderly disabled persons that are transitioning out of
institutional or other segregated settings or are homeless.

ATTACHMENT 1

Page 3 of 16

These vouchers were granted through 2017 Mainstream
Voucher Program NOFA and 2020 CARES Act
allocations).

B.1 Revision of the PHA Plan Elements

These vouchers were granted through 2017 Mainstream
Voucher Program NOFA and 2020 CARES Act
allocations).

i. Homeless and referred by an approved local
service provider because they are
participating in a local transitional housing
program or are receiving other supportive
and shelter services from that provider.
Providers may be required to verify that
applicants had ties to Anaheim prior to
entering the shelter and commit to
providing appropriate services to the client;
or

a. The PHA will commit up to 50% of annual new
admission vouchers to assist Anaheim-based
families who are either:

i. Homeless and referred by an approved
local service provider because they are
participating in a local transitional
housing program or are receiving other
supportive and shelter services from that
provider. Providers may be required to
verify that applicants had ties to Anaheim
prior to entering the shelter and commit to
providing appropriate services to the
client; or

a. The PHA will commit up to 50% of annual new
admission vouchers to assist Anaheim-based
families who are either:

ii. Participating in a city-funded homeless or
at risk of becoming homeless program and
have been referred by the connected
service agency.

2. The PHA may issue vouchers to families who live or work
in the City of Anaheim and are referred by Anaheim
Police Department. These types of referrals will be limited

Applicants must meet all eligibility requirements.
Admissions will be on a first come, first served basis and
is subject to funding availability.

b. Participating in a city-funded homeless or at risk of
becoming homeless program and have been
referred by the connected service agency. Families
who are being terminated from the Housing
Opportunities for Persons with AIDS (HOPWA)
program, due to the qualifying member being
deceased.

b. Families who are being terminated from the
Housing Opportunities for Persons with AIDS
(HOPWA) program, due to the qualifying
member being deceased.
Applicants must meet all eligibility requirements.
Admissions will be on a first- come, first- served basis
and is are subject to funding availability.
2. Emergency Housing Voucher (EHV) families (PIH
Notice 2025-19)

ATTACHMENT 1

Page 4 of 16

State Required Priority: Veterans (including surviving
spouses of veterans) and current members of the armed
services will have priority within the preference categories
listed above. To receive a veteran’s preference, the household
must include a veteran, a surviving spouse of a veteran or
current member of the armed forces. The veteran must be able
to document a discharge status other than dishonorable.

5. Families who live, work, or have been hired to work in
Anaheim (Residency preference).

4. Any family that has been terminated from the City of
Anaheim HCV program due to insufficient program
funding.

3. Eligible families who are displaced as a result of a project
sponsored by the City of Anaheim Community
Development Department or other City of Anaheim
Department.

Referrals must be made in writing on Anaheim Police
Department letterhead, and signed by the Chief or Deputy
Chief of Police only. Eligibility, including background
checks will be confirmed for all members. All referrals
are subject to the approval of the Executive Director or
designee.

to victims of a crime, the magnitude or impact of which
requires rapid relocation.

B.1 Revision of the PHA Plan Elements

Currently assisted EHV families whose assistance is at
risk of termination due to a lack of program funding, in
the following order:
a. EHV families with an elderly and disabled head
of household, spouse, or co-head.
b. EHV families with an elderly head of household,
spouse, or co-head.
c. EHV families with a disabled head of household,
spouse, or co-head.
d. EHV families with minors under 18.
e. All other families who are currently assisted
under the EHV program.
Within each sub-category, families will be placed in
randomized order to ensure fairness in the transition
process.
3. The PHA may issue vouchers to families who live or
work in the City of Anaheim and are referred by the
Anaheim Police Department. These types of referrals
will be limited to victims of a crime, the magnitude or
impact of which requires rapid relocation.
Referrals must be made in writing on Anaheim Police
Department letterhead, and signed by the Chief or
Deputy Chief of Police only. Eligibility, including
background checks, will be confirmed for all
members. All referrals are subject to the approval of the
Executive Director or designee.
4. Eligible families who are displaced as a result of a
project sponsored by the City of Anaheim Community
Development Department or other City of Anaheim
Department.

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

5. Any family that has been terminated from the City of
Anaheim HCV program due to insufficient program
funding.
6. Families who live, work, or have been hired to work in
Anaheim (Residency preference).
State Required Priority: Veterans (including surviving
spouses of veterans) and current members of the armed
services will have priority within the preference categories
listed above. To receive a veteran’s preference, the
household must include a veteran, a surviving spouse of a
veteran, or a current member of the armed forces. The
veteran must be able to document a discharge status other
than dishonorable.

Page 5 of 16

PREVIOUS PHA ADMIN PLAN LANGUAGE:

Page 6 of 16

PROPOSED PHA ADMIN PLAN LANGUAGE:

EIV Income Report

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

EIV Income Report

The data shown on income reports is updated quarterly. Data may be
between 3 and 6 months old at the time reports are generated.
PHA Policy
The PHA will obtain income reports for annual reexaminations on a
monthly basis. Reports will be generated as part of the regular
reexamination process.
Income reports will be compared to family-provided information as
part of the annual reexamination process. Income reports may be
used in the calculation of annual income, as described in Chapter 6I.C. Income reports may also be used to meet the regulatory
requirement for third party verification, as described above. Policies
for resolving discrepancies between income reports and familyprovided information will be resolved as described in Chapter 6-I.C.
and in this chapter.
Income reports will be used in interim reexaminations to identify
any discrepancies between reported income and income shown in
the EIV system, and as necessary to verify and calculate earned
income, unemployment benefits, Social Security and/or SSI
benefits. EIV will also be used to verify that families claiming zero
income are not receiving income from any of these sources.
Income reports will be retained in participant files with the
applicable annual or interim reexamination documents.
When the PHA determines through income reports and third-party
verification that a family has concealed or under-reported income,

CHAPTER 7: VERIFICATION
Chapter Section: 7-I.C. UP-FRONT INCOME VERIFICATION (UIV)
Subsection (if any): EIV Income Report

The data shown on income reports is updated quarterly. Data may be
between 3 and 6 months old at the time reports are generated.
PHA Policy
The PHA will obtain income reports for annual reexaminations on
a monthly basis. Reports will be generated as part of the regular
reexamination process.
Income reports will be compared to family-provided information
as part of the annual reexamination process. Income reports may
be used in the calculation of annual income, as described in
Chapter 6-I.C. Income reports may also be used to meet the
regulatory requirement for third party verification, as described
above. Policies for resolving discrepancies between income
reports and family-provided information will be resolved as
described in Chapter 6-I.C. and in this chapter.
Income reports will not be used in interim reexaminations to
identify any discrepancies between reported income and income
shown in the EIV system, and as necessary to verify and calculate
earned income, unemployment benefits, Social Security and/or
SSI benefits.
At the PHA’s discretion, EIV will may also be used to verify that
families claiming zero income are not receiving income from any
of these sources.
Income reports will be retained in participant files with the
applicable annual or interim reexamination documents.

ATTACHMENT 1

Page 7 of 16

corrective action will be taken pursuant to the policies in Chapter
14, Program Integrity.
However, the PHA will not use income information in EIV at
annual reexamination when Safe Harbor verification is used to
determine a family’s income.

B.1 Revision of the PHA Plan Elements

When the PHA determines through income reports and third-party
verification that a family has concealed or under-reported income,
corrective action will be taken pursuant to the policies in Chapter
14, Program Integrity.
However, the PHA will not use income information in EIV at
annual reexamination when Safe Harbor verification is used to
determine a family’s income.

If the family is responsible for supplying the stove and/or
refrigerator, the PHA will allow the stove and refrigerator to be
placed in the unit after the unit has met all other HQS requirements.
The required appliances must be in place before the HAP contract is
executed by the PHA. The PHA will execute the HAP contract
based upon a certification from the family that the appliances have
been installed and are working.

PHA Policy

PREVIOUS PHA ADMIN PLAN LANGUAGE:

CHAPTER 8.A: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS
Chapter Section: 8-II.B. Initial HQS Inspection
Subsection (if any): Appliances [Form HUD-52580]

PROPOSED PHA ADMIN PLAN LANGUAGE:
PHA Policy
California Assembly Bill 628 requires that all rental units include
a working stove and refrigerator, unless the tenant chooses in
writing to bring their own refrigerator.
If the family is opts to responsible for supplying the stove and/or
refrigerator, the PHA will allow the stove and refrigerator to be
placed in the unit after the unit has met all other HQS
requirements. The required appliances must be in place before the
HAP contract is executed by the PHA. The PHA will execute the
HAP contract based upon a certification from the family that the
appliances have been installed and are working.

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 8 of 16

If the family is responsible for supplying the stove and/or
refrigerator, the PHA will allow the stove and refrigerator to be
placed in the unit after the unit has met all other HQS requirements.
The required appliances must be in place before the HAP contract is
executed by the PHA. The PHA will execute the HAP contract
based upon a certification from the family that the appliances have
been installed and are working.

PHA Policy

PREVIOUS PHA ADMIN PLAN LANGUAGE:

CHAPTER 8.B: NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE AND RENT
REASONABLENESS DETERMINATIONS
Chapter Section: 8-II.B. Initial HQS Inspection
Subsection (if any): Appliances
PROPOSED PHA ADMIN PLAN LANGUAGE:
PHA Policy
California Assembly Bill 628 requires that all rental units include
a working stove and refrigerator, unless the tenant chooses in
writing to bring their own refrigerator.
If the family is opts to responsible for supplying the stove and/or
refrigerator, the PHA will allow the stove and refrigerator to be
placed in the unit after the unit has met all other HQS
requirements. The required appliances must be in place before the
HAP contract is executed by the PHA. The PHA will execute the
HAP contract based upon a certification from the family that the
appliances have been installed and are working.

Page 9 of 16

PREVIOUS PHA ADMIN PLAN LANGUAGE:

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

PROPOSED PHA ADMIN PLAN LANGUAGE:

11-I.C. Conducting Regular Reexaminations

CHAPTER 11: REEXAMINATIONS
Chapter Section: 11-I.C. Conducting Regular Reexaminations
Subsection (if any): N/A

11-I.C. Conducting Regular Reexaminations

As part of the annual reexamination process, families are required to
provide updated information to the PHA regarding the family’s
income, expenses, and composition [24 CFR 982.551(b)].

[…]

PHA Policy
Families will be asked to bring all required information (as
described in the reexamination notice) to the reexamination
appointment. The required information will include a PHAdesignated reexamination form, an Authorization for the
Release of Information/Privacy Act Notice, as well as
supporting documentation related to the family’s income,
expenses, and family composition.

As part of the annual reexamination process, families are required to
provide updated information to the PHA regarding the family’s
income, expenses, and composition [24 CFR 982.551(b)].
PHA Policy
Families will be asked to bring provide all required
information documentation (as describedoutlined in the
reexamination notice ) to the reexamination appointment. If
the reexamination process is being conducted by mail,
families are expected to submit the necessary materials to the
PHA office in-person, use a PHA secure drop box, or
delivery by mail. The required information will include a
PHA-designated reexamination form, an Authorization for
the Release of Information/Privacy Act Notice, as well as
supporting documentation related to the family’s income,
expenses, and family composition.
[…]

11-II.C. Changes Affecting Income or Expenses

PROPOSED PHA ADMIN PLAN LANGUAGE:

Family-Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what
conditions the family must report changes in family income or
expenses [24 CFR 982.516(c)]. In addition, HUD regulations require
that the family be permitted to obtain an interim reexamination any
time the family has experienced a change in circumstances since the
last determination [24 CFR 982.516(b)(2)].

11-II.C. Changes Affecting Income or Expenses

PREVIOUS PHA ADMIN PLAN LANGUAGE:

Page 10 of 16

Family-Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what
conditions the family must report changes in family income or
expenses [24 CFR 982.516(c)]. In addition, HUD regulations require
that the family be permitted to obtain an interim reexamination any
time the family has experienced a change in circumstances since the
last determination [24 CFR 982.516(b)(2)].

Required Reporting

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Required Reporting

HUD regulations give the PHA the freedom to determine the
circumstances under which families will be required to report changes
affecting income.
PHA Policy
The PHA will conduct interim reexaminations for families that
qualify for the earned income disallowance (EID), and only
when the EID family’s share of rent will change as a result of
the increase.
Families who report zero income must report a change in
income within ten (10) business days of the change. The PHA
will conduct an interim re-examination to reflect the addition
of income to the household. The increase will be effective on

CHAPTER 11: REEXAMINATIONS
Chapter Section: 11-II.C. Changes Affecting Income or Expenses
Subsection (if any): Family-Initiated Interim Reexaminations > Required Reporting

HUD regulations give the PHA the freedom to determine the
circumstances under which families will be required to report
changes affecting income.
PHA Policy
The PHA will conduct interim reexaminations for families
that qualify for the earned income disallowance (EID), and
only when the EID family’s share of rent will change as a
result of the increase.
Families who report zero income must report a change in
income within ten (10) business days of the change. The
PHA will conduct an interim re-examination to reflect the
addition of income to the household. The increase will be

ATTACHMENT 1

Page 11 of 16

the first of the month following a 30 days’ notice to the
family. Please refer to Chapter 5-I.C. for additional policies
regarding families that report zero income.
A family member who reported a loss of employment income
within the last 12 months must report any new or replacement
income obtained by that member.
Families are not required to report any other changes in
income or expenses that occur throughout the year as long as
they have provided complete and accurate information during
their regular reexamination.

B.1 Revision of the PHA Plan Elements

effective on the first of the month following a 30 days’
notice to the family. Please refer to Chapter 5-I.C. for
additional policies regarding families that report zero
income.
A family member who reported a loss of employment
income within the last 12 months must report any new or
replacement income obtained by that member.
Families are not required to report any other changes in
income or expenses that occur throughout the year as long as
they have provided complete and accurate information
during their regular reexamination.

Page 12 of 16

PROPOSED PHA ADMIN PLAN LANGUAGE:

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

PROPOSED PHA ADMIN PLAN LANGUAGE:

11-I.C. Conducting Regular Reexaminations
Family-Initiated Interim Reexaminations
Optional Reporting
The family may request an interim reexamination any time the
family has experienced a change in circumstances since the last
determination [24 CFR 982.516(c)(2)]. The PHA must process
the request if the family reports a change that will result in a
reduced family income [HCV GB, p. 12-9].
If a family reports a decrease in income from the loss of welfare
benefits due to fraud or non-compliance with a welfare agency
requirement to participate in an economic self-sufficiency
program, the family’s share of the rent will not be reduced [24
CFR 5.615]. For more information regarding the requirement to
impute welfare income see Chapter 6.
PHA Policy
If a family reports a change that was not required to
report and that would result in an increase in the family
share of the rent, the PHA will note the information in the
tenant file, but will not conduct an interim reexamination.
Families may report changes in income or expenses at
any time. .

CHAPTER 11: REEXAMINATIONS
Chapter Section: 11-I.C. Conducting Regular Reexaminations
Subsection (if any): Family-Initiated Interim Reexaminations > Optional Reporting

11-I.C. Conducting Regular Reexaminations
Family-Initiated Interim Reexaminations
Optional Reporting
The family may request an interim reexamination any time the family
has experienced a change in circumstances since the last determination
[24 CFR 982.516(c)(2)]. The PHA must process the request if the family
reports a change that will result in a reduced family income [HCV GB, p.
12-9].
If a family reports a decrease in income from the loss of welfare benefits
due to fraud or non-compliance with a welfare agency requirement to
participate in an economic self-sufficiency program, the family’s share of
the rent will not be reduced [24 CFR 5.615]. For more information
regarding the requirement to impute welfare income see Chapter 6.
PHA Policy
If a family reports a change that was not required to report and
that would result in an increase in the family share of the rent, the
PHA will note the information in the tenant file, but will not
conduct an interim reexamination.
Families participating in the PHA’s Family Self-Sufficiency
(FSS) program may request an interim reexamination to reflect an
increase in earned income. Upon request, the PHA will process
the interim reexamination for FSS program purposes.
Families may report changes in income or expenses at any time. .

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 13 of 16

PREVIOUS PHA ADMIN PLAN LANGUAGE:

CHAPTER 17: PROJECT-BASED VOUCHERS
Chapter Section: 17-VI.D. Selection From the Waiting List
Subsection (if any): Preferences

PROPOSED PHA ADMIN PLAN LANGUAGE:

Preferences [24 CFR 983.251(d) and FR Notice 01/18/17]
The PHA may use the same selection preferences that are used for the
tenant-based voucher program, establish selection criteria or
preferences for the PBV program as a whole, or for occupancy of
particular PBV developments or units. The PHA must provide an
absolute selection preference for eligible in-place families as
described in Section 17-VI.B. above.
Although the PHA is prohibited from granting preferences to persons
with a specific disability, the PHA may establish a selection
preference for families who qualify for voluntary services, including
disability-specific services, offered in conjunction with assisted units,
provided that the preference is consistent with the PHA plan and
nondiscrimination and civil rights statutes and requirements.
[…]

PHA Policy
The PHA will establish a set of preferences for each PBV
waiting list to reflect the target population of each PBV
project or group of units.
The PHA will also provide a selection preference when
required by the regulation (e.g., eligible in-place families,
qualifying families for “excepted units,” mobility impaired
persons for accessible units).

Preferences [24 CFR 983.251(d) and FR Notice 01/18/17]
The PHA may use the same selection preferences that are used for
the tenant-based voucher program, establish selection criteria or
preferences for the PBV program as a whole, or for occupancy of
particular PBV developments or units. The PHA must provide an
absolute selection preference for eligible in-place families as
described in Section 17-VI.B. above.
Although the PHA is prohibited from granting preferences to
persons with a specific disability, the PHA may establish a selection
preference for families who qualify for voluntary services, including
disability-specific services, offered in conjunction with assisted
units, provided that the preference is consistent with the PHA plan
and nondiscrimination and civil rights statutes and requirements.
[…]

PHA Policy
The PHA will establish a set of preferences for each PBV
waiting list to reflect the target population of each PBV
project or group of units.
After considering the site-specific preferences mentioned
above, the PHA will evaluate preferences for the PBV
program in accordance with the policies in Chapter 4-II.C.
The PHA will also provide a selection preference when
required by the regulation (e.g., eligible in-place families,

ATTACHMENT 1

Page 14 of 16

Applicants are still required to meet all eligibility
requirements and qualify for the PBV unit that they applied
for.

ii. Participating in a city-funded homeless or
at risk of becoming homeless program and
have been referred by the connected service
agency.

i. Homeless and referred by an approved local
service provider because they are
participating in a local transitional housing
program or are receiving other supportive
and shelter services from that provider; or

The PHA will commit up to 50% of annual new admission
vouchers to assist Anaheim-based homeless families who are
either:

B.1 Revision of the PHA Plan Elements

qualifying families for “excepted units,” mobility impaired
persons for accessible units).
The PHA will commit up to 50% of annual new admission
vouchers to assist Anaheim-based homeless families who are
either:
i. Homeless and referred by an approved
local service provider because they are
participating in a local transitional
housing program or are receiving other
supportive and shelter services from that
provider; or
ii. Participating in a city-funded homeless or
at risk of becoming homeless program and
have been referred by the connected
service agency.
Applicants are still required to meet all eligibility
requirements and qualify for the PBV unit that they applied
for.

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 15 of 16

PREVIOUS PHA ADMIN PLAN LANGUAGE:

CHAPTER 19: SPECIAL PURPOSE VOUCHERS
Chapter Section: 19-IV.E. PREFERENCES [Notice PIH 2024-30]
Subsection (if any): N/A

PROPOSED PHA ADMIN PLAN LANGUAGE:

PHAs may use either date and time of application or a drawing or
other random choice technique in selecting families from the
Mainstream waiting list among applicants with the same preference
status in accordance with the PHA’s administrative plan.
PHA Policy

PHAs may use either date and time of application or a drawing or
other random choice technique in selecting families from the
Mainstream waiting list among applicants with the same preference
status in accordance with the PHA’s administrative plan.
PHA Policy

The PHA claimed a preference for a targeted group as part of
an application for Mainstream vouchers under a NOFO. The
PHA will offer the following preference:

The PHA will use the date and time of application technique
in selecting families from the Mainstream waiting list among
applicants with the same preference status.

From Chapter 4-III.C. - For up to 172 vouchers, preference
will be granted to non-elderly disabled persons that are
transitioning out of institutional or other segregated settings or
are homeless. These vouchers were granted through 2017
Mainstream Voucher Program NOFA and 2020 CARES Act
allocations.)

The PHA claimed a preference for a targeted group as part of
an application for Mainstream vouchers under a NOFO. The
PHA will offer the following preference:
Emergency Housing Voucher (EHV) families (PIH
Notice 2025-19)
Currently assisted EHV families whose assistance is at
risk of termination due to a lack of program funding, in
the following order, so long as they are eligible for a
Mainstream voucher under the requirements outlined
in Section 19-IV.B:
a. EHV families with an elderly and disabled head
of household, spouse, or co-head.
b. EHV families with an elderly head of household,
spouse, or co-head.
c. EHV families with a disabled head of household,
spouse, or co-head.
d. EHV families with minors under 18.

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

e. All other families who are currently assisted
under the EHV program.
Within each sub-category, families will be placed in
randomized order to ensure fairness in the transition
process.
From Chapter 4-III.C. - For up to 172 vouchers,
preference will be granted to non-elderly disabled
persons that who are transitioning out of institutional or
other segregated settings or are homeless. These
vouchers were granted through 2017 Mainstream
Voucher Program NOFA and 2020 CARES Act
allocations.)
The PHA will use the date and time of application
technique in selecting families from the Mainstream
waiting list among applicants with the same preference
status.
State Required Priority: Veterans (including surviving
spouses of veterans) and current members of the armed
services will have priority within the preference categories
listed above. To receive a veteran’s preference, the
household must include a veteran, a surviving spouse of a
veteran, or a current member of the armed forces. The
veteran must be able to document a discharge status other
than dishonorable.

Page 16 of 16

ATTACHMENT 2

Page 1 of 1

Deconcentration and Other Policies that Govern Eligibility,
Selection, and Admissions Policies
The Anaheim Housing Authority (AHA) does not own or manage any public housing units. The
AHA only administers Housing Choice Vouchers, Project-Based Vouchers, and Special Purpose
Vouchers.
Deconcentration Policies
The AHA has existing policies consistent with the goal of deconcentrating poverty and to
encourage the participation of landlords in the following sections of its Administrative Plan:
-

5-I.B. Briefing [24 CFR 982.301]
13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6]
16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7]
17-I.A. Overview [24 CFR 983.5 and FR Notice 01/18/17]
17-V.B. HAP Contract Requirements
17-II.G. Site Selection Standards

Eligibility, Selection, and Admissions Policies

- Chapter 2 of AHA’s Administrative Plan, titled “Fair Housing and Equal Opportunity,”
details the agency's policies regarding preventing discrimination, ensuring accessibility,
providing reasonable accommodations, and offering services in other languages.
- Chapter 3 of AHA’s Administrative Plan, “Eligibility,” details the agency's policies
regarding program eligibility requirements and denial criteria.
- Chapter 4 of AHA’s Administrative Plan, titled “Applications, Waiting List, and Tenant
Selection,” details the agency's policies regarding the application process, waitlist
management, and tenant selection, including preferences.
- Chapter 6 of AHA’s Administrative Plan, titled “Income and Subsidy Standards,” details
the agency's policies regarding income and asset calculations to determine program
eligibility.
- Chapter 7 of AHA’s Administrative Plan, titled “Verification,” details the agency's
policies regarding verifying applicant and tenant information as required by the PHA.
The AHA Administrative Plan can be accessed on our website:
https://www.anaheim.net/1947/Public-Documents

ATTACHMENT 3

Page 1 of 1

B.1 Revision of the PHA Plan Elements
Financial Resources
Program Name
Housing Choice Vouchers
Mainstream Vouchers
Emergency Housing Vouchers
Family Self-Sufficiency Coordinator

Vouchers Allocated
6,438
397
243
N/A

CY 2025 Total Funding
$127,087,503
$6,124,081
$3,217,576
$196,107

ATTACHMENT 4

Page 1 of 1

B.1 Revision of PHA Plan Elements
Rent Determination Policies
The Anaheim Housing Authority (AHA) does not own or manage any public housing units. The
AHA only administers Housing Choice Vouchers, Project-Based Vouchers, and Special Purpose
Vouchers.
Chapter 6 of AHA’s Administrative Plan, “Income and Subsidy Determinations,” outlines the
agency’s policies pertaining to participants’ annual income, adjusted income, and calculating
their family share and PHA subsidy amounts to determine their ongoing eligibility for the
program. The AHA has existing policies that govern rents charged for HCV dwelling units,
including minimum rents, voucher family rent contributions, payment standards, and interim
reexamination policies.
- Payment Standards:
AHA Admin Plan Section 6-III.C. “Applying Payment Standards”
AHA Admin Plan Section 11-III.B. “Changes in Payment Standards and Utility
Allowances”
- Minimum Rent Policies:
AHA Admin Plan 6-III.A. “Overview of Rent and Subsidy Calculations” and 6-III.B.
“Financial Hardships Affecting Minimum Rent”
AHA has a $50 minimum rent policy and allows families to request a financial hardship
exemption.
- Voucher family rent contributions:
AHA Admin Plan Chapter 6 “Income and Subsidy Determinations”
- Interim Reexamination Policies:
AHA Admin Plan Chapter 11, Part II “Interim Reexaminations”

The AHA Administrative Plan can be accessed on our website:
https://www.anaheim.net/1947/Public-Documents

ATTACHMENT 5

Page 1 of 6

B.3 Progress Report
Reporting Period FY 2024-2025
PHA GOAL: EXPAND THE SUPPLY OF ASSISTED HOUSING
During FY 2024–2025, the City of Anaheim adopted a Local Housing Trust Fund on May 29,
2025, as a strategic tool to support the expansion of housing. A core purpose of the Trust Fund is
to finance a portion of future affordable housing developments, enabling the creation of new
affordable communities. By establishing a dedicated local funding source, the City is positioning
itself to leverage additional resources, stimulate development, and increase the overall supply of
housing available to very low, low, and moderate-income households across Anaheim.
The AHA entered into agreements, started construction, or completed the following
projects during FY 2024-2025 to expand the supply of affordable housing:
Beach-Lincoln Apartment Project (Beach-Lincoln Rental) is a 100% affordable 47-unit
Intergenerational apartment rental housing project located at 130 S. Beach Blvd. The project
successfully received a tax credit award in September 2024. Nine of the 47 units in the project
will be made available to individuals exiting the foster care system. The AHA awarded 46
Project-Based Section 8 Vouchers to assist the project. The project commenced construction in
April 2025 and is scheduled for completion in November 2026.
The AHA acquired the Tampico Motel, located at 120 S. State College Boulevard, and released
an RFP for the conversion of the Tampico Motel to a 100% affordable rental special needs
housing project in July 2023. The RFP process and Developer selection were completed in
September 2023. The selected developer applied for Tax Credits from the California Tax Credit
Allocation Committee (TCAC) on August 11, 2024, and was successfully awarded Tax Credits
from TCAC on December 11, 2024. The project commenced construction in June 2025 and is
anticipated to be completed by December 2026.
The Azure Apartments Permanent Supportive Housing Apartment Community (Studio 6 Motel)
is a 100% affordable motel conversion project located at 1251 N. Harbor Boulevard. The
Anaheim Housing Authority/City partnered with the Developer to submit an application for State
of California Housing and Community Development (HCD) HOMEKEY Program funds and
received an allocation in March of 2022 to provide interim housing for homeless individuals.
Subsequently, the Anaheim Housing Authority approved a Developer's proposal to convert the
interim housing project into an 89-unit Permanent Supportive Housing project for individuals
and families exiting a chronically homeless condition. The AHA also approved the Developer’s
request for 87 Project-Based Section 8 Vouchers to assist the project. The Developer also
received a Tax Credit Allocation from the California Tax Credit Allocation Committee (TCAC)
in March 2023 to help finance the project. The conversion is currently underway, and
construction is expected to be completed in December 2025. As part of the conversion from
interim housing to permanent supportive housing, the developer renamed the project Azure
Apartments.

ATTACHMENT 5

Page 2 of 6

The AHA continues to actively acquire and assemble properties in the City to seek
opportunities for creating affordable housing. Below is an update for FY 2024-2025:
The AHA acquired several motels on Beach Boulevard, known as the Covered Wagon, Rainbow
Inn, and Anaheim Lodge, located at 823, 831, and 837 S. Beach Boulevard, respectively. The
AHA proposes to assemble the motel properties for the development of a workforce-affordable
rental housing and homeownership project. Staff completed the relocation process for existing
long-term tenants and demolished the Motels to make way for future development. The
combined site will be released through an RFP process to seek development proposals.
The AHA acquired the Kettle Motel located at 1760 W. Lincoln Avenue. Staff completed the
relocation process for existing long-term tenants and demolished the Motel to make way for
future development. AHA is currently pursuing the acquisition of an adjacent commercial
property in order to assemble a larger, more viable site for development. If the AHA is
successful in acquiring the adjacent commercial property, the combined sites will be released
through an RFP process to seek development proposals.
The property known as the Karcher/UEI site is an AHA-owned site recently assembled for the
development of a multi-generational affordable housing project. The Karcher/UEI site is located
on Harbor Boulevard and West Carl Karcher Way. In November 2025, the AHA released an
RFQ to seek qualified developers for the development of the site. The deadline to submit an RFQ
is February 2026, with developer selection expected to be completed in March or April 2026.
The site known as Lemon/Santa Ana comprises several AHA-owned properties assembled for
the development of a workforce-affordable rental housing and homeownership project. The
Lemon/Santa Ana site (comprised of several non-contiguous parcels) is located on Lemon and
Santa Ana Streets. Staff are currently assessing the development parameters of the site in
preparation for an RFP process to seek development proposals.

PHA GOAL: IMPROVE THE QUALITY OF ASSISTED HOUSING
During FY 2024–2025, the City of Anaheim advanced this goal by adopting a Local Housing
Trust Fund on May 29, 2025. One of the objectives of the Trust Fund is to preserve affordable
housing, which the City has identified as a local priority. This enhances long-term housing
quality and stability while expanding opportunities for very low-, low-, and moderate-income
households to remain in safe, well-maintained assisted housing.
The City of Anaheim has continued to seek opportunities to revitalize low-income
neighborhoods characterized by substandard living conditions and high calls for service, as
evidenced in the Avon Dakota and Hermosa Village neighborhoods. Avon Dakota and Hermosa
Village consist of multi-phased projects involving the acquisition and rehabilitation of apartment
complexes, as well as the conversion of market-rate units into long-term affordable units.
The first phase of the Avon Dakota revitalization project was completed in 2013 and included
the acquisition and rehabilitation of 16 units to provide affordable housing for low-income
families. The second phase of the project, comprising 21 units for low-income families, was

ATTACHMENT 5

Page 3 of 6

completed in January 2019. Since 2014, the City acquired ten additional properties in the Avon
Dakota Neighborhood and is in the process of acquiring two more properties, totaling 32 units.
These properties will be rehabilitated or incorporated into a new construction project to provide
affordable housing as part of a future Phase Three project.
The Hermosa Village Neighborhood Revitalization project consists of four phases completed
between 2002 and 2008. The Phase I project consisted of 294 units resyndicated in 2017, which
included the rehabilitation of the units to meet current standards, improvements to on-site
resident amenities, and the addition of four units, resulting in a total of 298 units. The Phase II
project, consisting of 112 units, was also resyndicated in November 2019 to provide the capital
necessary for the rehabilitation of the Project and to extend the affordability period to 55 years.
The Developer was successful in receiving a Tax Credit funding allocation from the California
Tax Credit Allocation Committee (TCAC) and Bonds from the California Debt Limit Allocation
Committee (CDLAC) in April of 2020. Phase II rehabilitation was completed in February 2022.
The Hermosa Village project comprises a total of 521 units across its four phases. The developer
is proposing to resyndicate and conduct improvements for the Phase III and Phase IV projects
and was recently awarded a Tax Credit funding allocation from the California Tax Credit
Allocation Committee (TCAC) and Bonds from the California Debt Limit Allocation Committee
(CDLAC) in December 2025. Construction is expected to commence in June 2026.
AHA-owned properties assembled for the development of affordable housing:
As part of AHA’s efforts to increase the supply of affordable housing, the AHA utilized its own
land to develop the following affordable housing projects: Beach-Lincoln Apartments and the
Tampico Motel affordable housing projects.
The Tampico Motel RFP was released in July 2023 to seek development proposals for the
creation of affordable housing. The AHA selected a Developer for the Tampico Motel in March
2024. The Tampico Motel was awarded a Tax Credit allocation in December 2024. Construction
started in June 2025 and is expected to be completed in December 2026. The Beach-Lincoln
RFP was released in February 2022 to seek development proposals for the creation of affordable
housing. The AHA selected a Developer for the Beach-Lincoln site in April 2024. The BeachLincoln project was awarded a Tax Credit allocation in October 2024. Construction started in
April 2025 and is expected to be completed in November 2026.
The AHA does not own the land for the Azure Apartments (Studio 6 Motel) Permanent
Supportive Housing (PSH) project site but provided funding to the project to assist in the
rehabilitation and conversion of the site to an affordable housing project. The Azure Apartments
PSH project obtained a Tax Credit Award in March 2023 and is currently under construction
with an expected completion date of December 2025.
The Azure Apartments PSH (Studio 6 Motel) project will create 87 units for homeless
individuals, and the Beach-Lincoln Inter-generational Apartments will create 47 units for seniors
and transitional-aged youth, totaling 134 new affordable rental units. The Tampico Motel
Conversion special needs project, currently under construction, will add 31 affordable rental
units to the AHA’s affordable housing inventory for a total of 165 affordable units.

ATTACHMENT 5

Page 4 of 6

PHA GOAL: INCREASE ASSISTED HOUSING CHOICES
The AHA continues its mobility agreement with three other PHAs in Orange County (the Garden
Grove Housing Authority, the Orange County Housing Authority, and the Santa Ana Housing
Authority) as an effort to increase housing choices throughout the county. Additionally, AHA
maintains its contract with AffordableHousing.com (formerly known as GoSection8.com), a
property listing service that provides free listing options for landlords, allowing program
participants to search for rental units that accept AHA rental assistance.

PHA GOAL: ENHANCE CLIENT ENGAGEMENT TO IMPROVE SERVICE
DELIVERY
During FY 2024-2025, AHA made measurable progress across all stated metrics under these
goals as established in the FY 2025-2029 5 Year PHA Plan. AHA successfully achieved and
maintained a High Performer designation for the FY 2024 SEMAP assessment, reflecting
strong program oversight and compliance. The agency continued to actively foster and
sustain productive relationships with Orange County partners, including the Orange County
Continuum of Care, landlords, and service providers supporting countywide housing
initiatives. AHA also advanced its technological efforts by consistently monitoring
infrastructure and implementing required system updates. As part of these efforts, AHA
upgraded its waiting list application process in FY 2024–2025 to a newer online portal,
improving accessibility and efficiency for applicants. Additionally, all PHA staff completed
the annual mandatory cybersecurity training, the annual EIV Cyber Awareness Challenge,
reinforcing organizational awareness and adherence to safe data security practices.

PHA GOAL: PROMOTE SELF-SUFFICIENCY OF ASSISTED HOUSEHOLDS
During FY 2024–2025, AHA did not enroll new participants into the Family Self-Sufficiency
(FSS) program, as the program remained at full capacity. AHA continued to focus efforts on
supporting currently enrolled participants while strengthening program infrastructure and
community partnerships to enhance service delivery and long-term outcomes.
AHA increased ongoing visibility and engagement with enrolled participants through consistent
communication via its quarterly FSS newsletter. The newsletter serves as a key tool to highlight
upcoming workshops, employment and educational opportunities, and available community
resources, ensuring participants remain informed and connected to supportive services.
Throughout the fiscal year, AHA continued building and expanding its resource list by
networking with community agencies and service providers. AHA actively participated in
Program Coordinating Committee (PCC) meetings to collaborate with existing partners and
identify new resources that align with participants’ needs. These efforts support AHA’s goal of
connecting participants to services that promote educational advancement, career development,
financial stability, and overall self-sufficiency.

ATTACHMENT 5

Page 5 of 6

AHA remains committed to strengthening partnerships and expanding referral opportunities to
better serve participants. By continuing to build relationships with community organizations and
maintaining regular communication with enrolled households, AHA aims to enhance support
services and prepare for future enrollment opportunities once program capacity allows.

PHA GOAL: ENSURE EQUAL OPPORTUNITY IN HOUSING
During the reporting period, AHA continued to advance equal opportunity in housing by
providing fair housing and reasonable accommodation information through multiple
communication channels. This information is included in briefing packets and participant notices
and is displayed in the AHA lobby. Program participants are also informed of and referred to
services offered by the Fair Housing Council of Orange County, with whom the City maintains
an active contract. PHA staff provide this resource to clients when assistance is needed and
ensure fair housing protections are clearly communicated through all relevant publications and
official notices.

PHA GOAL: ASSIST THE HOMELESS POPULATION IN ANAHEIM, CA.
The City of Anaheim is an active participant in the Orange County Continuum of Care (OC
CoC), which is led by the Office of Care Coordination, located within the County Executive
Office. This partnership helps ensure comprehensive, regional coordination of efforts and
resources to reduce the number of people at risk of and experiencing homelessness throughout
Orange County. This group serves as the regional convenor for the year-round CoC planning
process and as a catalyst for the involvement of public and private agencies that comprise the
regional homeless system of care. Representatives from the City of Anaheim sit on the CoC
Board to advise on the implementation and development of regional policies, as well as in ad hoc
committees, including those involving access to the Homeless Management Information System
and policies.
To help prevent instances of homelessness, in FY 2024-2025, the City allocated $30k in ESG
funding towards homelessness prevention programs through service agreements with two
community-based organizations. In that year, all programs provided assistance to 39 individuals
with prevention services.
In FY 2024-25, the City of Anaheim made strides to holistically address literal homelessness
through expansion of the Anaheim Homeless System of Care (AHSOC); particularly in the realm
of recovery and wellness services that can increase system engagement and housing stability.
Through the Anaheim Collaborative Court – Evaluating Strategies and Solutions (ACCESS)
program, a court diversion initiative, the Anaheim Housing and Community Development
Department partnered with the City Attorney’s Prosecution division to redirect households with
misdemeanors to individualized, court-sanctioned wellness plans in lieu of jail time. The
program offers substance use and mental health services paired with housing plans to ensure
short- and long-term goals are outlined to ensure positive exits from AHSOC once housed. The
program has been successful in engaging difficult-to-reach populations and, as of October 2025,

ATTACHMENT 5

Page 6 of 6

has enrolled 449 individuals. Of those, 79 have graduated from court-mandated plans, with most
having earned case dismissals, further reducing barriers to housing and stability.
During FY 2024-2025, the City allocated Emergency Shelter Grant funds (dedicated to
preventing homelessness, reducing the number of people experiencing homelessness on the
streets, and providing services to both sheltered and unsheltered households) to three agencies
that provided emergency shelter services. The City spent a total of $195,000 in emergency
shelter services. The three agencies provided emergency shelter to 338 individuals, including
those fleeing domestic violence and households with adults and children. Emergency shelter
services were also funded in part by State resources and the City's General Fund to provide 325
year-round adult shelter beds, which on a rotating basis served 530 adults in FY 2024-2025.
The City also continued funding the Homeless Assistance Program - Families (HAP-F), which
combines ESG and HOME funds to provide case management and rental assistance to program
participants. The program focuses on assisting homeless families that have children attending
Anaheim schools or ties with the community. The program serves families through two service
providers that offer up to 24 months of rental assistance. During FY 2024-25, the HAP-F
program served 22 households with minor children. Additionally, the City continued to fund the
Homeless Individuals Program (HIP), which is operated by Mercy House Living Centers and the
Illumination Foundation. The program provides individuals with case management services and
tenant-based rental assistance. During FY 2024-25, the HIP program served 27 individual
households.
In addition to emergency and rental assistance programming, the City also dedicated
homelessness funding towards the development of permanent supportive housing (PSH).
Utilizing local managed care plan and State homelessness grant funds, the City recently
completed construction on a Homekey site consisting of 87 units for at-risk, homeless, and
chronically homeless households. The adaptive reuse site is expected to be fully leased up by the
end of December 2025. A second development site, with 32 units of PSH, is currently under
construction and is expected to serve transitional-age youth (TAY) upon completion in late 2026.
Under partnership with local TAY emergency shelters and services program, the site will ensure
TAY experiencing homelessness are paired with long-term housing that will resolve their
homelessness before such subpopulation experiences even further chronicity.

ATTACHMENT 6
C.1 Resident Advisory Board (RAB) Comments

The Anaheim Housing Authority (AHA) Resident Advisory Board (RAB) hosted an in-person meeting on
Thursday, January 29, 2026, at 9 a.m. to discuss the FY 2026-2027 PHA Annual Plan and proposed policy
changes to the FY 2026-2027 Administrative Plan. An invitation letter was sent to 234 current and prospective
RAB members to attend and participate in the RAB meeting. The RAB reviewed the Annual PHA Plan, its
attachments, and all the proposed policy changes.
Resident Advisory Board Members:
1.
2.
3.
4.
5.
6.

Jeanette Brede
Mark Higgins
Betty Morales
J.C. Weathersby
Antwan Frazier
Patricia Adelekan

7. Julie Jones
8. Reginald Dean
9. Fred Elliott Jr.
10. Jordan Williams
11. Rita Blanco

Summary:
Overall, all RAB members expressed support for the proposed policies and had no objections. Many of their
inquiries focused on gaining a better understanding of the proposed policies and addressing individual
concerns, which are being addressed separately.
•

While discussing the proposed policy change in Section B.1 of the Proposed Annual PHA Plan under
Chapter 4-III.C. Selection Method, a RAB member asked whether families participating in other nonEHV programs would be included under the proposed EHV preference. AHA staff clarified that the
policy change would apply only to EHV families, as that program is projected not to have continued
funding. Existing assisted families in other programs will not be placed back on AHA waiting lists
under the proposed EHV preference order.

•

While discussing the proposed policy change in Section B.1 of the Proposed Annual PHA Plan under
Chapter 8.A-II.B. and Chapter 8.B-II.B., RAB members requested clarification regarding the new state
law, CA Assembly Bill 628. One member asked whether a landlord must replace a tenant-owned
broken refrigerator, and another asked whether landlords could offset this cost through other means.
AHA staff provided an overview of the law’s new refrigerator and stove requirements and encouraged
RAB members to review the law directly. Staff clarified that AB 628 applies to new, amended, or
extended leases on or after January 1, 2026. Families must determine whether their lease falls within
this time frame and communicate with their landlord if they no longer wish to provide their own
refrigerator. AHA staff thanked members for their comments regarding cost offsets, noting that it may
be an unintended consequence of the law and will be monitored as implementation continues.
Following the RAB meeting, AHA staff emailed RAB members a link to the AHA website with a link to
the state website containing all of AB 628 text and fair housing information.

Page 1 of 2

ATTACHMENT 6
•

While discussing the proposed policy change in Section B.1 of the Proposed Annual PHA Plan under
Chapter 11-I.C. Conducting Regular Reexaminations, a RAB member asked whether they could
request an in-person appointment to complete their annual reexamination, and another member asked
if the reexamination process could begin earlier. AHA staff clarified that residents may request an inperson appointment directly with their housing specialist to review their annual reexamination. Staff
also explained that the process begins 120 days in advance to ensure compliance with federal
requirements to complete annual reexaminations on time. AHA acknowledged that there might be
delays in reviewing documents after the initial family submission and that this may be an area for
potential improvement. The comment was forwarded to the appropriate leadership to investigate this
and to ensure timely processing.

•

While discussing the proposed policy change in Section B.1 of the Proposed Annual PHA Plan under
Chapter 11-II.C. Changes Affecting Income or Expenses, a RAB member asked whether they needed
to report changes in income throughout the year. AHA staff clarified that, under the policy updated last
year, families are no longer required to report new or replacement income sources as long as all
income was accurately reported during the annual reexamination. Staff noted that reporting income
changes is always welcome, as it can help inform the next year’s annual reexamination, and
emphasized that families should report any decreases in income so AHA can recalculate subsidies
appropriately.

•

While discussing the Proposed Annual PHA Plan’s Section B.3. Progress Report, PHA Goal: Promote
self-sufficiency of assisted households, a RAB member commented that they were previously unaware
of the program and expressed interest in having it more widely publicized. The member also asked
whether the program was limited to families or available to single-member households. Another RAB
member shared that they had seen an AHA flyer for the program in the past. AHA staff thanked the
members for their feedback and noted that it will explore additional ways to publicize the program so
that all households are aware, including through tenant newsletters. AHA staff clarified that singlemember households are eligible to participate in the FSS program, though the program is currently
full and has a waiting list. Following the RAB meeting, AHA staff emailed RAB members a link to the
AHA website with additional information on the FSS program.

Page 2 of 2

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 1 of 8

Summary of Revisions to the 2026 Section 8 Housing Choice Voucher Administrative Plan
The Anaheim Housing Authority (AHA) is required to maintain an Administrative Plan (Plan) that outlines the policies and
procedures governing the administration of its Section 8 Housing Choice Voucher (HCV) program. Since the last revisions took effect
on July 1, 2025, some sections of the Plan are currently being updated with new or revised policies.
This attachment reflects the revisions made to the Administrative Plan regarding the Section 8 HCV, Project-Based Voucher (PBV),
and special-purpose voucher programs. Summaries of the changes being made are listed below. For your reference, the revisions are
listed under the “PROPOSED PHA ADMIN PLAN LANGUAGE” column.
Significant Amendment/Modification
In the FY 2025-2029 Five-Year PHA Plan, the AHA defined a significant amendment or modification to the PHA Plan as a change in
program policy, including changes to rent, admissions policies, and organization of the waiting list or terminations. Exceptions to this
definition will be made for changes that are adopted to reflect changes in U.S. Department of Housing and Urban Development
(HUD) regulatory requirements or if such changes are adopted in response to a significant reduction in funding.
Revisions
The proposed 2026 Administrative Plan, including the proposed tracked changes and revisions, is available here:
https://www.anaheim.net/1947/Public-Documents

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 2 of 8

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 3 of 8

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 4 of 8

CHAPTER 11: REEXAMINATIONS
Chapter Section: 11-I.C. Conducting Regular Reexaminations
Subsection (if any): N/A

PROPOSED PHA ADMIN PLAN LANGUAGE:

PREVIOUS PHA ADMIN PLAN LANGUAGE:

11-I.C. Conducting Regular Reexaminations

11-I.C. Conducting Regular Reexaminations

As part of the annual reexamination process, families are required to
provide updated information to the PHA regarding the family’s
income, expenses, and composition [24 CFR 982.551(b)].

As part of the annual reexamination process, families are required to
provide updated information to the PHA regarding the family’s
income, expenses, and composition [24 CFR 982.551(b)].

PHA Policy
Families will be asked to provide all required documentation
outlined in the reexamination notice to the reexamination
appointment. If the reexamination process is being conducted
by mail, families are expected to submit the necessary
materials to the PHA office in-person, use a PHA secure drop
box, or delivery by mail by the established due date. The
required information will include a PHA-designated
reexamination form, an Authorization for the Release of
Information/Privacy Act Notice, as well as supporting
documentation related to the family’s income, expenses, and
family composition.
[…]

PHA Policy
Families will be asked to bring all required information (as
described in the reexamination notice) to the reexamination
appointment. The required information will include a PHAdesignated reexamination form, an Authorization for the
Release of Information/Privacy Act Notice, as well as
supporting documentation related to the family’s income,
expenses, and family composition.
[…]

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 5 of 8

CHAPTER 11: REEXAMINATIONS
Chapter Section: 11-II.C. Changes Affecting Income or Expenses
Subsection (if any): Family-Initiated Interim Reexaminations > Required Reporting

PROPOSED PHA ADMIN PLAN LANGUAGE:

PREVIOUS PHA ADMIN PLAN LANGUAGE:

11-II.C. Changes Affecting Income or Expenses

11-II.C. Changes Affecting Income or Expenses

Family-Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what
conditions the family must report changes in family income or
expenses [24 CFR 982.516(c)]. In addition, HUD regulations require
that the family be permitted to obtain an interim reexamination any
time the family has experienced a change in circumstances since the
last determination [24 CFR 982.516(b)(2)].

Family-Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what
conditions the family must report changes in family income or
expenses [24 CFR 982.516(c)]. In addition, HUD regulations require
that the family be permitted to obtain an interim reexamination any
time the family has experienced a change in circumstances since the
last determination [24 CFR 982.516(b)(2)].

Required Reporting

Required Reporting

HUD regulations give the PHA the freedom to determine the
circumstances under which families will be required to report
changes affecting income.
PHA Policy
The PHA will conduct interim reexaminations for families
that qualify for the earned income disallowance (EID), and
only when the EID family’s share of rent will change as a
result of the increase.
Families who report zero income must report a change in
income within ten (10) business days of the change. The
PHA will conduct an interim re-examination to reflect the
addition of income to the household. The increase will be

HUD regulations give the PHA the freedom to determine the
circumstances under which families will be required to report changes
affecting income.
PHA Policy
The PHA will conduct interim reexaminations for families that
qualify for the earned income disallowance (EID), and only
when the EID family’s share of rent will change as a result of
the increase.
Families who report zero income must report a change in
income within ten (10) business days of the change. The PHA
will conduct an interim re-examination to reflect the addition
of income to the household. The increase will be effective on

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

effective on the first of the month following a 30 days’
notice to the family. Please refer to Chapter 5-I.C. for
additional policies regarding families that report zero
income.
Families are not required to report any other changes in
income or expenses that occur throughout the year as long as
they have provided complete and accurate information
during their regular reexamination.

Page 6 of 8

the first of the month following a 30 days’ notice to the
family. Please refer to Chapter 5-I.C. for additional policies
regarding families that report zero income.
A family member who reported a loss of employment income
within the last 12 months must report any new or replacement
income obtained by that member.
Families are not required to report any other changes in
income or expenses that occur throughout the year as long as
they have provided complete and accurate information during
their regular reexamination.

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 7 of 8

CHAPTER 11: REEXAMINATIONS
Chapter Section: 11-I.C. Conducting Regular Reexaminations
Subsection (if any): Family-Initiated Interim Reexaminations > Optional Reporting
PROPOSED PHA ADMIN PLAN LANGUAGE:

PROPOSED PHA ADMIN PLAN LANGUAGE:

11-I.C. Conducting Regular Reexaminations
Family-Initiated Interim Reexaminations
Optional Reporting
The family may request an interim reexamination any time the family
has experienced a change in circumstances since the last determination
[24 CFR 982.516(c)(2)]. The PHA must process the request if the family
reports a change that will result in a reduced family income [HCV GB, p.
12-9].
If a family reports a decrease in income from the loss of welfare benefits
due to fraud or non-compliance with a welfare agency requirement to
participate in an economic self-sufficiency program, the family’s share of
the rent will not be reduced [24 CFR 5.615]. For more information
regarding the requirement to impute welfare income see Chapter 6.
PHA Policy
If a family reports a change that was not required to report and
that would result in an increase in the family share of the rent, the
PHA will note the information in the tenant file, but will not
conduct an interim reexamination.
Families participating in the PHA’s Family Self-Sufficiency
(FSS) program may request an interim reexamination to reflect an
increase in earned income. Upon request, the PHA will process
the interim reexamination for FSS program purposes.
Families may report changes in income or expenses at any time.

11-I.C. Conducting Regular Reexaminations
Family-Initiated Interim Reexaminations
Optional Reporting
The family may request an interim reexamination any time the
family has experienced a change in circumstances since the last
determination [24 CFR 982.516(c)(2)]. The PHA must process
the request if the family reports a change that will result in a
reduced family income [HCV GB, p. 12-9].
If a family reports a decrease in income from the loss of welfare
benefits due to fraud or non-compliance with a welfare agency
requirement to participate in an economic self-sufficiency
program, the family’s share of the rent will not be reduced [24
CFR 5.615]. For more information regarding the requirement to
impute welfare income see Chapter 6.
PHA Policy
If a family reports a change that was not required to
report and that would result in an increase in the family
share of the rent, the PHA will note the information in the
tenant file, but will not conduct an interim reexamination.
Families may report changes in income or expenses at
any time. .

ATTACHMENT 1

B.1 Revision of the PHA Plan Elements

Page 8 of 8

CITY COUNCIL AGENDA REPORT

City of Anaheim

HOUSING & COMMUNITY DEVELOPMENT
DEPARTMENT
DATE:

FEBRUARY 24, 2026

FROM:

HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT

SUBJECT:

APPROVE A FIVE-YEAR MASTER AGREEMENT WITH
BENEVATE DBA NEIGHBORLY SOFTWARE FOR GRANT
ADMINISTRATION SOFTWARE FOR A TERM COMMENCING
FEBRUARY 14, 2026 AND ENDING JANUARY 31, 2031 FOR AN
AMOUNT NOT TO EXCEED $250,000

ATTACHMENT (Y/N):

YES

ITEM #

GOVERNMENT CODE § 84308 APPLIES:
RECOMMENDATION:
That the City Council, by Motion:
1. Waive Council Policy 4.1 and approve a five-year master agreement with Benevate
dba Neighborly Software for grant management software for a term commencing
February 14, 2026 and ending January 31, 2031 for an amount not to exceed
$250,000;
2. Designate the Director of the Housing and Community Development Department,
or designee, as the Certifying Official authorized to execute all documents related
to the administration, management, and implementation of this master agreement.
BACKGROUND:
The City of Anaheim’s Housing and Community Development Department (HCD)
receives funding allocations from local, state, and federal grant sources to address
critical, unmet local needs in the areas of affordable housing, public facilities,
homelessness, infrastructure, economic development, and public services. On an
annual basis, HCD receives over $10M in funding from various sources. These
funds are administered through agreements with local service providers, managed
for regulatory and statutory compliance , and reported back to funders as part of
responsible grant management.

201 S. Anaheim Blvd.
Suite #1003
Anaheim, CA 92805
Tel: (714) 765-4300
Fax: (714) 765-4630
www.anaheim.net

It is common practice amongst federal and state grantees with a large number of
subrecipients to invest in and procure grants administration software as a way to
effectively manage grant agreements, progress towards stated objective and goals,
and facilitate reimbursement for services rendered. Such software typically offers
both a front and back end user experience, allowing service providers to apply for
funding, upload documents, submit performance reports and invoices. It also

Approval of Five-Year Master Agreement with Benevate dba Neighborly Software
February 24, 2026
Page 2 of 3

allows City staff to systematically pull down documents, evaluate performance, and approve
reimbursements.
In 2018, City staff solicited demonstrations from qualified vendors to evaluate software for
local use including Benevate dba Neighborly Software. Following this review, City staff
determined Neighborly Software offered the most comprehensive and customizable service
to fit the various programmatic and fiscal needs of the HCD’s grants management team.
Neighborly Software services were procured in December 2018, including customization of a
virtual portal with fields tailored for data collection, subrecipient invoicing and reporting
capabilities, client documentation storage modules, and ongoing technological assistance
beyond initial launch.
Since 2018, HCD has utilized Neighborly Software and has continued to periodically engage
vendors of similar software for compatibility with the City’s needs. Other software programs
have been found to be incompatible or the cost prohibitive, particularly due to the start-up
costs associated with customizing new software to meet City needs.
While the City originally procured Neighborly Software for management of U.S. Housing
and Urban Development (HUD) dollars, use of the portal has expanded to include State of
California Homeless Housing and Assistance Prevention Program (HHAP) and Proposition
47 dollars; federal Justice and Mental Health Collaboration Program dollars; Opioid
Remediation Settlement Funds; and the City’s newly launched Project Lease Up Housing
Match (PLUHM) system. A change in grant management software would necessitate
substantial data migration and increase total projects costs because Neighborly Software
holds all contract management materials and confidential client data for HCD dating back to
2018.
Given that there are few commercially available products to meet the unique demands of
grant administration, the City’s extensive history with Neighborly, and the costs involved
with tailoring a software and data migration, City staff recommends City Council approve a
new five-year master agreement with Neighborly Software starting February 14, 2026
through January 31, 2031 in a total amount not to exceed $250,000. This master agreement
proposes 15 annual licenses for City staff and subrecipients. The first year of Neighborly
Software services under this new master agreement is expected to be February 14, 2026 (in
alignment with the ending of the previous Neighborly Software subscription fee) through
January 31, 2027 for a total amount of $33,840 or $2,256 per license. City staff expect there
to be year-over-year variation in the annual reimbursement amount for Neighborly Software
throughout the five-year term including fluctuations for added or deleted licenses and
nominal increases in license fees which are reflected in the proposed agreement attached. The
request to City Council includes a small contingency to cover cost of added licenses and
potential future modules to meet programmatic demand. All other services offered by
Neighborly Software such as technological assistance and modifications to customized
modules are included in the cost of the license fee.
These requests directly support the City’s Strategic Plan Goal B: Enhance Livability,
Strategy 2: Develop strategies to stabilize and expand affordable, workforce, and home
ownership housing options for low-income residents, and Strategy 9: Maintain and expand
services to address homelessness and its impacts.

Approval of Five-Year Master Agreement with Benevate dba Neighborly Software
February 24, 2026
Page 3 of 3

IMPACT ON BUDGET:
All activities related to the five-year master agreement are anticipated to be fully funded by
available HCD grants and the first year is included in the FY 2025/26 budget. In the event
grant funds are reduced or eliminated, the agreement will only support activities that are fully
funded by available grant allocations. There is no impact on the City’s General Fund.
Respectfully submitted,

Grace Ruiz-Stepter
Housing and Community Development Director
Attachments:
1. Proposed Five-Year Master Agreement with Benevante dba Neighborly Software

ORDER FORM
Customer Information
Account Name: City of Anaheim, California (Portal
Renewal Service Term: 02/14/2026 – 01/13/2027
#171)
Address: 201 S. Anaheim Blvd., Suite 100, Anaheim, CA 92805
Phone:

Billing Contact Name & Title:

Email:
Phone:

Alternate Contact Name & Title:

Email:
PURCHASE SUMMARY
Annual Subscription Fees

Unit Price

Quantity*

User Subscription Fee for One Year

$2,256.00

15

Annual Total
$33,840.00

Services Included:
•
•
•
•
•

Hosted Software to Administer Program(s)
Client Success Manager
Technical Support (Monday – Friday: 8:00 a.m. to 8:00 p.m. EST)
Hosting/Security in Microsoft Tier IV Data Center
Data Storage, Backup, and Recovery

One-Time Fees

Unit Price

Quantity

Implementation of Program(s) (listed below)

$4,000.00

0

One-Time Total
$0.00

Services include System Configuration, Program Design, and Administrator Training for the following programs:
1. TBD
Subtotals
Annual Fees Subtotal:

$33,840.00

One-Time Fees Subtotal:

$0.00

TOTAL:

$33,840.00

*A minimum of three (3) users is required to maintain a portal.

Description
RATE

2027 - 2028
$2,376.00

RATES FOR RENEWAL TERMS
2028 - 2029
2029 - 2030
$2,616.00
$2,880.00

2030 - 2031
$3,168.00

Benevate, LLC - SAAS Subscription & Services Agreement

$35,640.00

TOTAL:

$39,240.00

$43,200.00

$47,520.00

SAAS SUBSCRIPTION AND SERVICES AGREEMENT
This SaaS Subscription and Services Agreement (“Agreement”) is entered into on this ____ day of _________ 2025 (the
“Effective Date”) between Benevate, LLC, with its principal place of business located at 3423 Piedmont Rd. NE, Atlanta,
GA 30305 (“Company”), and the Customer listed above (referred to as the “Customer”) (collectively referred to as the
“Parties”). This Agreement includes and incorporates the above Order Form, the Terms and Conditions below, and Exhibit
A attached hereto.
TERMS AND CONDITIONS
1. DEFINITIONS
a. “Add-On Services” refers to optional, productized modules or third-party integrated services purchased by the
Customer in addition to the base Software subscription. Add-On Services are standardized offerings and are not
customized for any specific Customer. Examples include, but are not limited to, address-verification tools (e.g.,
Smarty), payment-processing integrations, IDIS Module + HUD Sync Subscription, advanced workflow modules,
and similar feature-based enhancements. Add-On Services are billed according to the pricing terms set forth in the
applicable Order Form.
b. “Confidential Information” means all information, in any form, that either Party discloses (“Discloser”) to the other
(“Recipient”) relating to the business of Discloser, whether furnished before or after the Effective Date of this
Agreement, including, without limitation, information related to pricing, products, services, security, and any
implementing regulations or guidelines, proprietary business practices, policies, finances, procedures, sales, costs,
liabilities, markets, strategies, concepts, methods or employees, that is not generally ascertainable from public or
published information or sources, and all analyses, compilations, data, studies, notes, memoranda or other
documents prepared by Discloser based on such Confidential Information.
c. “Customer Data” means all non-public information or data that is inputted into the Customer’s Portal by the
Customer or the Customer’s end users.
d. “Documentation” means the applicable training materials, user guides, publicly available marketing and/or proposal
materials, and other similar information, or other documents disseminated under or governed by confidentiality
obligations which pertain to the Software or Services provided by Company, which may be updated by Company
at any time without notice to include information about new features and incorporate feedback to help Company’s
customers understand how to use the Software and Services. Documentation accessible to Subscription Users
through the Portal, requiring a Username and Password, is considered Company’s Confidential Information.
e. “Effective Date” means the date stated above. If the date is left blank, then the Effective Date shall be the last
signature date on the Signature Page.
f.

“Order” or “Order Form” means a transaction document identifying the services ordered by the Customer, the
associated fees, and commercial details applicable to the order.

g. “Portal” means the individual instance created within Neighborly Software to administer program(s) as specified in
the Order Form.
h. “Professional Services” refers to non-standard, fee-based services that are outside the scope of the Company’s
standard Software, Services, or Add-On Services offerings. These services may be billed on a time-and-materials
or fixed-fee basis and may, depending on the nature of the engagement, be documented in a Statement of Work or
Addendum. Examples of Professional Services include:
•
•
•

Hourly consulting or professional development services
Power BI report development or other analytics work
Data migration services beyond standard import templates
2

Benevate, LLC - SAAS Subscription & Services Agreement

•

Custom integrations or one-off configurations not included in Add-On Services

i.

“Services” means the standard onboarding and any purchased implementation services, as well as hosting, technical
support, security, data storage, and subscription access to the Software. “Services” also include any Add-On
Services purchased by the Customer.

j.

“Software” means the proprietary web-based products referred to as Neighborly Software, including, but not limited
to, the source code, object code or underlying structure, ideas, know-how or algorithms, documentation, or data
related to the Services provided by Company, or its licensors identified on an Order Form and subsequently made
available to Customer by Company in accordance with an Order Form or this Agreement.

k. “Subscription User” or “User” means those individuals designated and authorized by the Customer to use one of
the purchased subscriptions to access the Software available through a specified Portal, using his or her login
credentials (email address and password), which may only be used by that single, named user.
2. SOFTWARE AND SERVICES
a. Access to Software. During the Term of this Agreement, Customer will have subscription access to, and use of, the
Software, as described in detail in the Order, by enabling a Portal(s) for Customer to access through a web browser
for the number of Subscription Users identified in the Order.
b. Scope of Services. The Services to be provided by Company under this Agreement are explicitly outlined in the
definitions above and/or in any accompanying Order Form. Any work, deliverables, or tasks outside the scope
defined herein will not be performed unless mutually agreed upon in writing by both parties.
c. Non-Standard or Customized Services. This Agreement does not contemplate any customized products, services,
work-for-hire, or code developed exclusively for Customer that would result in ownership rights for the Customer.
If the Parties agree that Company shall provide such non-standard Professional Services, the description of the
services and applicable ownership rights with respect to such non-standard Professional Services will be set forth
in a separately executed Professional Services Agreement.
d. Software Updates and Maintenance. Company will make available to Customer all updates and any documentation
for such updates to the Services. Company will use commercially reasonable efforts to ensure that (i) new features
or enhancements to existing features are synchronized with the previous version, and (ii) updates will not degrade
the performance, functionality, or operation of the Services. General maintenance of the system is completed on a
regular basis to ensure optimal performance of the Services.
e. Service Levels and Support. Company will use commercially reasonable efforts to maintain Service Availability at
a minimum level of 99.5% and will provide Support Services, in each case as described in the Service Level Terms
attached as Exhibit “A.”
f.

Data Storage. All Customer Data will be stored, processed, and maintained solely in data centers located in the
United States.

g. Backup and Recovery of Customer Data. Company is responsible for maintaining a backup of the Customer Data
and for an orderly and timely recovery. Company shall maintain a contemporaneous backup of Customer Data that
can be recovered within a reasonable period of time.
3. CUSTOMER RESTRICTIONS AND RESPONSIBILITIES
a. Customer Acknowledgements. Customer acknowledges and agrees that: (i) Customer and its authorized
Subscription Users will access the Software solely for legitimate and lawful purposes; (ii) Customer is responsible
for ensuring that all Subscription Users comply with this Agreement and any end-user terms applicable to use of
the Software; (iii) Customer is responsible for the accuracy, quality, legality, and acquisition of all data (“Customer
Data”) entered into or transmitted through the Software; and (iv) Customer remains solely responsible for all

3

Benevate, LLC - SAAS Subscription & Services Agreement

program design, eligibility criteria, policy decisions, and administration of its programs. The Software is a tool that
supports Customer’s operations and does not replace Customer’s independent compliance obligations.
b. Restrictions and Use of Software. Customer will not, directly or indirectly, and will not permit any third party to:
(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code,
underlying structure, ideas, know-how, or algorithms relevant to the Software or any related documentation;
(ii) modify, translate, adapt, or create derivative works of the Software; (iii) copy the Software or any part, feature,
function, user interface, or service thereof, except as expressly permitted herein; (iv) access the Software or any
content in order to build a competitive product or service; (v) use the Software to store or transmit infringing,
libelous, unlawful, or tortious material, or material that violates the rights or privacy of any third party; (vi) interfere
with or disrupt the security, integrity, availability, or performance of the Software; (vii) attempt to gain unauthorized
access to the Software or related systems or networks; or (viii) copy, reproduce, or distribute any portion of the
Software or service (excluding Customer Data) without Company’s prior written consent.
c. Automated Access Prohibited. Except as expressly authorized in writing by Company, Customer shall not, and shall
not permit any third party to, access or use the Software through any automated means, including but not limited to
bots, scripts, scrapers, or artificial intelligence agents, whether for data extraction, model training, monitoring, or
any other purpose. Customer shall ensure that all access to the Software is initiated and performed solely by human
end users using a supported web browser or Company-approved application programming interface (API).
d. Compliance with Laws and Regulations. Customer represents, covenants, and warrants that Customer will use the
Software in compliance with all applicable laws and regulations. Customer hereby agrees to hold harmless
Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and
attorneys’ fees) in connection with any claim or action that arises from an Customer’s alleged violation of the
foregoing.
e. Login Credentials and Subscription User Security. Each Subscription User must have unique login credentials
(username and password) and is prohibited from sharing login credentials or allowing others to use their login
credentials to access the Software. The authorized number of Subscription Users is specified in the Order or as
otherwise requested and approved in writing during the Term. Customer must notify Company immediately if it
becomes aware of any lost, stolen, or compromised login credentials, or any actual or suspected security breach
involving such credentials. Customer is responsible for the management, actions, and activities of its Subscription
Users and must promptly inform Company of any changes to user status, including when access should be modified
or deactivated. Company is not liable for any claims, damages, or losses resulting from the actions, omissions, or
misuse of the Software by Subscription Users, including unauthorized access or other conduct.
f.

Customer Systems. Customer shall be responsible for obtaining and maintaining any equipment and ancillary
services needed to access the Software.

4. CONFIDENTIALITY; PROPRIETARY RIGHTS
a. Duty Not to Disclose Confidential Information. In connection with the Agreement, Recipient, and its employees
and agents, may have access to the Confidential Information of the Discloser. Recipient shall, and shall ensure that
its employees and agents shall, keep the Confidential Information of the Discloser in strict confidence and use it
only for the purpose of performing its duties under this Agreement. Recipient will not directly or indirectly disclose,
publish, disseminate, make available or otherwise communicate in any way, to any third person not having a need
to know in order to perform its duties under this Agreement, any Confidential Information of the Discloser, without
the Discloser’s prior written consent. Recipient will have appropriate safeguards in place within its organization to
restrict access to Confidential Information to only those individuals as needed in connection with the performance
of this Agreement. Recipient will take care of Confidential Information using at least the same standard of care it
would use with its own confidential information, but in no event shall Recipient use less than reasonable care in
protecting such Confidential Information.

4

Benevate, LLC - SAAS Subscription & Services Agreement

b. Mandatory Disclosures. In the event that Recipient is required by a binding order of a governmental agency or court
of competent jurisdiction to disclose any Confidential Information of the Discloser, it shall, if legally permitted,
provide the Discloser with prompt written notice (via e-mail that is acknowledged as received) to allow the Discloser
an opportunity to appear and object prior to Recipient’s compliance with requested disclosure. The written notice
shall provide Discloser with sufficient information describing the content of the information to be disclosed. If such
objection is unsuccessful, then Recipient shall produce only such Confidential Information as is required by the
court order or governmental action.
c. Customer shall own all rights, title, and interest in and to the Customer Data, as well as any data that is based on or
derived from the Customer Data and provided to Customer as part of the Services.
d. Company shall own and retain all rights, title and interest in and to (a) the Services and Software, all improvements,
enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed
in connection with implementation of services or support, and (c) all intellectual property rights related to any of
the foregoing.
e. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other
information relating to the provision, use and performance of various aspects of the Services and related systems
and technologies (including, without limitation, information concerning Customer Data and data derived
therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to
improve and enhance the Services and (ii) disclose such data solely in aggregate or other de-identified form in
connection with its business.
5. PAYMENT OF FEES
a. Payment Terms. Customer shall pay Company the fees listed in the Purchase Summary of the Order Form. An
invoice for the fees will be sent to the Customer following the Effective Date. All invoices are due within thirty
(30) days from the date of the invoice. The Annual Per User Subscription Fee will be invoiced at the rates stated
in the Order Form for the Initial Service Term and the subsequent Renewal Terms. Notwithstanding anything to the
contrary in this Agreement, the term of this Agreement shall not extend beyond January 31, 2031. Any automatic
renewal provisions shall apply only through January 31, 2031, at which time this Agreement shall terminate
automatically with no further renewals unless expressly extended by written agreement approved by City Council.
b. Suspension of Service for Late Payments. If the Customer fails to pay any invoice in full within thirty (30) days
from the due date, the Company shall have the right to suspend the Services until payment is received. Suspension
of Services in accordance with this subsection shall not be deemed a breach of this Agreement.
c. One-Time Fees. All one-time fees (including new programs) will be charged at the Company’s current rates at the
time the service is requested.
d. Additional Implementation Fees. Implementation fees are based on a mutually agreeable Implementation Schedule
(based on the number of programs purchased). Customer agrees to allocate the time and personnel necessary to
complete implementation during this period. Unless the Parties agree to an alternative schedule, in writing,
implementations extending beyond the allocated time will be subject to a weekly charge of $1,000.00 per additional
week.
e. Annual Commitment and Renewal Adjustments. Subscriptions are billed annually based on the number of
Subscription Users designated at the start of the annual term. The total number of Subscription Users cannot be
reduced during the current annual term, and no refunds or credits will be issued for deactivated or unused users.
Customer may decrease the total number of Subscription Users only at the time of annual renewal, and any such
reduction will apply to the upcoming annual term.
f.

Adding and Swapping Users. Customers may:
(i) Add Subscription Users at any time during the Term, with fees prorated for the remainder of the annual term.

5

Benevate, LLC - SAAS Subscription & Services Agreement

(ii) Swap one Subscription User for another at any time, provided the total number of users remains unchanged.
Swap requests must be submitted in writing, and access for the replacement user will be provided promptly
after receipt.
g. Renewal Subscription Fee Increases. Subscription fees shall increase only as expressly set forth in the Order Form
under the section labeled “Rates for Renewal Terms.” All other recurring fees (including, but not limited to, IDIS,
Data Warehouse, and similar add-on services) are not subject to the fixed increase and instead will be based on the
Company’s then-current pricing. The Company reserves the right to adjust such fees listed in the Order Form at the
end of the Initial Service Term or any subsequent renewal term. Notice of any fee adjustment will be provided to
the Customer via invoice (delivered by e-mail) at least sixty (60) days prior to the end of the applicable term.
h. Taxes. The fees do not include any taxes, including, without limitation, sales, use or excise tax. If Customer is a
tax-exempt entity, you agree to provide Company with a tax-exempt certificate. Otherwise, Company will pay all
applicable taxes to the proper authorities and Customer will reimburse Company for such taxes (this excludes
Company’s income taxes, both federal and state, as applicable, arising from Company’s performance of this
Agreement).
i.

The parties acknowledge that appropriation of funds is a governmental function which the Customer cannot
contractually commit itself in advance to perform and this Agreement does not constitute such commitment. The
Customer’s obligation to pay under this Agreement is contingent upon Customer’s annual appropriation of funds
for such purpose, and the non-appropriation of funding for such purpose in any fiscal year shall immediately relieve
both parties of their respective obligations hereunder, as of the last day for which funds have been appropriated.
The Customer shall immediately notify the Company in writing (via e-mail), upon determining that sufficient funds
will not be budgeted and appropriated in any fiscal year under this Agreement.

6. TERM AND TERMINATION
a. Term and Automatic Renewal. Subject to earlier termination as provided below, the term of the Agreement shall
commence on the Effective Date and shall cover the Initial Service Term as specified in the Order Form and shall
automatically renew for additional one (1) year periods following the Initial Service Term (collectively, the
“Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term;
provided, however, that the Term shall not extend beyond January 31, 2031. Any extension or renewal beyond
January 31, 2031, shall require separate written agreement and approval by the City Council, and absent such
approval, the Agreement shall terminate automatically with no further renewals. Termination for Cause. Either party
may terminate this Agreement if the other party:
(i) commits a material breach and fails to remedy that breach within fifteen (15) days from receiving written notice
of the breach; or
(ii) becomes insolvent or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement,
composition, or comparable proceeding, or if any such proceeding is instituted against the other party and is
not dismissed within sixty (60) days; provided however that in such event, termination will not require notice
to the other party.
b. Termination Procedures. Upon termination for any reason, the Parties shall proceed with the following procedures:
(i) Company will immediately disable access to the applicable Portal; (ii) Customer will provide contact information
necessary to facilitate the return of the Customer Data within thirty (30) days following termination; (iii) Company
shall return the Customer Data via the Secure File Transfer Protocol promptly upon receipt of necessary information
from Customer to facilitate the return; and (iv) Customer Data will be deleted sixty (60) days from the date that the
Customer Data is returned. If Customer fails to cooperate in facilitating the return of the Customer Data, Company
reserves the right to delete the Customer Data ninety (90) days after the termination of the Agreement. Customer is
solely responsible for ensuring that the Customer Data is downloaded, stored, and reviewed. Customer
acknowledges and agrees that Company has no obligations whatsoever with regard to the Customer Data following

6

Benevate, LLC - SAAS Subscription & Services Agreement

the final destruction. Upon request, Company will provide Customer with a Certification of Data Destruction. This
Section shall survive the termination of this Agreement.
c. Optional Data Retention. If Customer desires for Company to retain the Customer Data beyond sixty (60) days from
the date of the final extraction, Customer must make that request, in writing (via email), and receive an
acknowledgement of said request. Requests that do not receive an acknowledgement or requests that are made after
the sixty (60) day window are not considered valid. The minimum cost for continued data retention is $6,000.00 for
six (6) months.
d.
7. WARRANTY AND DISCLAIMER
a. Company Warranty. Company represents and warrants the following: (a) the Documentation sufficiently describes
features, functionality, and operation of the Software as applicable; (b) the Software, as applicable, materially
conforms to the Documentation and is free from material defects in workmanship; (c) the Software does not contain
any viruses or other malicious threats, programs, features, or devices (“Viruses”) that could harm Customer, and
Company uses commercially reasonable efforts to prevent and eradicate such Viruses. Furthermore, consistent with
prevailing industry standards, Company shall maintain the Software in a manner which minimizes errors and
interruptions and shall perform the Services in a professional and workmanlike manner. Notwithstanding the
foregoing, the Software may be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable
efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
b. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERRORFREE OR UNINTERRUPTED OR GUARANTEE THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE SOFTWARE. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND
EXCLUSIVE WARRANTIES PROVIDED BY THE COMPANY.
8. DATA SECURITY BREACH NOTIFICATION AND RESPONSE
The Company maintains appropriate technical and organizational measures to protect Customer Data from accidental
loss, unauthorized access, use, alteration, or disclosure. In the event of any compromise or suspected compromise of
the security, confidentiality, or integrity of Customer Data, or of the physical, technical, administrative, or
organizational safeguards related to its protection, the Company shall, as applicable: (i) notify the Customer as soon as
practicable, but no later than forty-eight (48) hours after becoming aware of the occurrence; (ii) cooperate with the
Customer in investigating the occurrence, including providing access to relevant, existing documentation and
information necessary to meet applicable legal or regulatory obligations; and (iii) take commercially reasonable steps
to mitigate the effects of the incident and comply with applicable legal obligations.
9. INDEMNITY
a. Company will indemnify, defend, and hold harmless the Customer against all claims, suits and actions asserted by
an unaffiliated third-party against the Customer for liabilities, damages and costs, including reasonable attorneys’
fees, incurred in the defense of any claim brought against Customer alleging that the Software infringes or
misappropriates a third-party’s U.S. registered patent right, trademark, or copyright (an “Infringement Claim”).
Company’s indemnity obligation under this section shall not extend to claims that arise from any of the following:
(1) Any unauthorized modification of the Software by Customer where the Software would not be infringing
without such modifications.

7

Benevate, LLC - SAAS Subscription & Services Agreement

(2) Customized portions of the Software designed in accordance with written specifications provided by Customer
where the Software would not be infringing but for Company ’s compliance with such written specifications.
(3) The combined use by Customer of the Software with other components, products, or services not provided by
Company where the Software would not be infringing but for such combination.
(4) Workflows, analytic applications, algorithms, or other applications or programming built by Customer or
created by or on behalf of Customer without Company’s approval.
b. The indemnification obligations set forth in this Section are subject to the following conditions:
(1) Customer provides Company with prompt written notice of any Infringement Claim;
(2) Company is permitted to assume sole control over the defense and settlement of the Infringement Claim;
(3) Customer provides reasonable cooperation and assistance in the defense of such claim, at Company’s expense.
(4) Customer does not settle or compromise any Infringement Claim without the prior written consent of Company.
c. If the Software becomes, or in Company’s reasonable opinion is likely to become, the subject of an Infringement
Claim, Company may, at its sole option and expense: (i) obtain the right for Customer to continue using the
Software; (ii) replace or modify the Software to make it non-infringing while maintaining substantially similar
functionality; or (iii) if neither (i) nor (ii) is commercially reasonable, terminate Customer’s license to the affected
Software and refund any prepaid, unused fees for the remaining subscription term.
d. The Company’s total liability under this Section shall not exceed the limits of insurance coverage required to be
maintained under this Agreement.
10. LIMITATION OF LIABILITY
a. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR LIABILITY RESULTING FROM
(1) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (2) A PARTY’S
INDEMNIFICATION OBLIGATIONS; OR (3) A PARTY’S WILLFUL MISCONDUCT OR FRAUD, IN NO
EVENT SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED, TO
LEGAL FEES AND EXPENSES), WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE
OUT OF OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY INCLUDING, BUT NOT
LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY OR NEGLIGENCE.
b. EXCEPT FOR LIABILITY RESULTING FROM (1) A PARTY’S BREACH OF ITS CONFIDENTIALITY
OBLIGATIONS; (2) A PARTY’S INDEMNIFICATION OBLIGATIONS; OR (3) A PARTY’S WILLFUL
MISCONDUCT OR FRAUD, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY
EXCEED THE GREATEST AMOUNT OF THE FEES PAID OR OWED BY EITHER PARTY UNDER THIS
AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION FORMED A BASIS FOR ENABLING EACH
PARTY TO OFFER AND ACCEPT THE TERMS HEREIN.
c. The Parties shall have an affirmative obligation to mitigate their respective losses (howsoever arising) recoverable
from the other Party under or in connection with this Agreement.
11. INSURANCE
During the course of performing its duties under this Agreement, Company agrees to maintain the following levels of
insurance: (a) Commercial General Liability of at least $2,000,000 in aggregate and $1,000,000 each occurrence; (b)
Professional Liability (E&O) of at least $5,000,000; (c) Cyber Liability of at least $5,000,000; (d) Commercial Auto
Insurance for Hired and Non-Owned vehicles of at least $1,000,000; and (e) Workers Compensation complying with

8

Benevate, LLC - SAAS Subscription & Services Agreement

applicable statutory requirements. Company will provide Customer with copies of certificates of insurance upon
Customer’s written request.
12. DISPUTE RESOLUTION
With the exception of actions for injunctive relief for actions arising under the Confidentiality provisions of Section 4
of this Agreement, the Parties intend that any and every dispute by and between them, including but not limited to any
dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, be resolved first by resorting to mediation, to be conducted in a mutually agreeable location in accordance with
the laws of the State of Delaware.
13. NOTICE
All notices required or permitted under this Agreement shall be in writing and deemed given: (i) when delivered
personally or by nationally recognized overnight courier; (ii) when sent by email; or (iii) forty-eight (48) hours after
deposit in the U.S. mail, certified or registered, postage prepaid. Email is the preferred method of notice. Each Party
shall provide notice to the other of any change in address, email address, or designated recipient. Unless otherwise
updated in accordance with this Section, notices shall be sent to the following addresses:
For the Company:
Jason Rusnak, President
3423 Piedmont Rd, NE
Atlanta, GA 30305
Phone: 703-864-7231
Email: [email protected]
Sarah Bohentin
Email: [email protected]
For the Customer:
Name:
Address
Phone:
Email:
14. MISCELLANEOUS
a. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force
and effect and enforceable.
b. Waivers. No waiver of any provision of this Agreement or consent to any action shall constitute a waiver of any
other provision of this Agreement or consent to any other action. No waiver or consent shall constitute a continuing
waiver or consent or commit a Party to provide a future waiver. Any provision of this Agreement may be waived
only with the written consent of the Parties.
c. Permissible Use. Company is permitted to use the Customer’s name and logo solely for marketing or promoting the
provided services subject to terms and conditions of this Agreement.
d. Entire Agreement & Amendments. This Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral agreements, communications
and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise provided herein.

9

Benevate, LLC - SAAS Subscription & Services Agreement

e. Assignment. This Agreement is not assignable, transferable, or sub-licensable by either Party without the other
Parties prior written consent, except as such assignment, transfer or sublicense is in connection with a merger,
acquisition, or similar change of control event.
f.

Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the
Parties do not have any authority of any kind to bind the other Party in any respect whatsoever.

g. Force Majeure. Neither Party shall be liable hereunder by reason of any failure or delay in the performance of its
obligations hereunder (except for the payment of amounts due) to the extent caused by strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, pandemics, acts of God, terror, war, governmental action, labor
conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of such party.
Upon an occurrence of an event of force majeure, Company cannot ensure uninterrupted or error free service or
access to the Software or Services and there may be periods where access is delayed, limited or unavailable.
Company shall use commercially reasonable efforts to provide the Software or Services to Customer in accordance
with its Business Continuity and Disaster Recovery Plan a copy of which will be provided upon written request.
h. Applicable Law. This Agreement, and all matters arising out of or relating to it, including any disputes, claims, or
causes of action, shall be governed by and construed in accordance with the laws of the State of Delaware, without
regard to its conflict of laws principles.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGE FOLLOWS

10

Benevate, LLC - SAAS Subscription & Services Agreement

SIGNATURE PAGE
BENEVATE, LLC

CUSTOMER

By:

By:

Name: J. Jason Rusnak

Name:

Title: President, Benevate, LLC

Title:

Date: _________________________________

Date:_____________________________________

11

Benevate, LLC - SAAS Subscription & Services Agreement

EXHIBIT A
Service Level Terms
This Exhibit A outlines the Company’s commitments regarding Support Services, problem resolution, and Service
Availability for the Software. Company may update these Service Level Terms from time to time to reflect
improvements, clarifications, or changes in its standard practices; provided, however, that no such update will
materially reduce the overall commitments made to Customer. Company will provide Customer with written notice
(which may include electronic notice) of any such updates.
1.

2.

3.

Definitions.
a.

“Scheduled Downtime” means planned maintenance windows during which the Software or Services are
unavailable. Scheduled Downtime is excluded from the Service Availability calculation.

b.

“Service Availability” means the percentage of total time in a calendar month that the Software is available
for use, excluding any Scheduled Downtime and the exclusions set forth in Section 6.

c.

“Support Services” means technical support provided by Company personnel to Customer’s designated
administrators for issue resolution, bug reporting, and related technical assistance.

d.

“Update” means any error correction, bug fix, patch, enhancement, improvement, update, upgrade, new
release, or other modification to the Software or Services provided by Company under the Agreement,
including any updates required to maintain compliance with applicable law.

Service Availability.
a.

Service Availability Commitment. Company will use commercially reasonable efforts to maintain
availability of the Software at 99.5% uptime, measured monthly.

b.

Scheduled Maintenance. Updates and maintenance will ordinarily be performed outside of Support Hours.
Notification may not be provided unless downtime is expected. If major Updates must occur during Support
Hours due to necessity, Company will provide notice to Customer as soon as reasonably practicable.

Support Services.
a.

Availability. Support Services are available during Support Hours, defined as 8:00 a.m. to 8:00 p.m. ET,
Monday through Friday, excluding Company Holidays.

b.

Procedure. Customer may initiate a support request through Company’s designated support channels. Each
request must include sufficient details regarding the issue to enable Company to assess and respond.
Company will use commercially reasonable efforts to respond to all support requests in accordance with
Section 4 (Issue Resolution).

c.

Conditions for Providing Support. Company’s obligation to provide Support Services is conditioned on
Customer: (i) providing all information reasonably necessary to identify and reproduce the issue (including
error messages, logs, and steps to recreate the problem, as applicable); and (ii) making available appropriate
Customer personnel to assist in troubleshooting, particularly where the issue relates to Customer’s specific
configurations.

12

Benevate, LLC - SAAS Subscription & Services Agreement

4.

Issue Resolution. Company will use commercially reasonable efforts to respond to support issues in accordance
with the severity levels below.

Severity Level

Description

Response Metric

Level 1
(Critical)

Issue renders the Software unavailable or unusable, resulting in
a complete loss of business operations with no available
workaround.

Response within 1 business
hour of notification. Telephone
escalation required.

Level 2
(High)

A major functionality of the Software is significantly impaired
or unavailable. The Software remains operational but important
features are not usable, and no reasonable workaround exists.

Response within 4 business
hours of notification.

Level 3
(Medium)

Issue does not significantly impact the operation of the
Software, or a reasonable workaround exists.

Response within 8 business
hours of notification.

Level 4
(Low)

General inquiries or minor issues that do not materially impact
normal operations.

Response within 2 business
days.

5.

Remedies. If Customer reasonably believes that Company has failed to achieve its Service Availability
commitment in any given calendar month, Customer must (i) have reported the issue with Service Availability
during the month in which it occurred, and (ii) submit a written request for a Service Availability report within
ten (10) days after the end of such month. Upon receipt of a timely request, Company will provide a report
detailing its actual Service Availability performance for the applicable month.
If the report confirms that Company failed to meet the Service Availability commitment, Customer’s sole and
exclusive remedy shall be a service credit applied against future Subscription Fees, calculated as follows:
Monthly Uptime Percentage
< 99.5% ≥ 99.0%

Service Credit
5% of prorated Subscription Fees for 1 month

< 99.0% ≥ 98.0%
< 98.0% ≥ 95.0%
< 95.0%

10% of prorated Subscription Fees for 1 month
25% of prorated Subscription Fees for 1 month
50% of prorated Subscription Fees for 1 month

6. Exclusions. The Service Availability calculation expressly excludes, and Company shall have no liability for,
any lack of availability or performance issues resulting from: (1) Scheduled Downtime; (2) a Force Majeure event;
(3) Customer’s misuse, negligence, misconduct, or failure to pay Fees when due; (4) issues arising from
Customer’s equipment, connectivity, or unsupported environments, including user desktops or browsers; (5)
third-party hardware, software, or services not provided or controlled by Company; (6) any unavailability, latency,
or performance issues related to Add-On Services or third-party integrated services; or (7) any other causes
beyond Company’s reasonable control.

13