Section 8 Family Tenant Selection Plan

COLONIAL FARMS APARTMENTS

3120 Pelandale Avenue

Modesto, CA 95356

(209) 545-3925 phone

 

Colonial Farms Apartments is a California limited partnership. It owns Colonial Farms Apartments, a 100 units apartment complex in Modesto, California. The purpose of this facility is to provide equal opportunity housing for very low and extremely low income individuals and families through the Department of Housing and Urban Development's Section 221 (d) (4) mortgage insurance program and New Construction Section 8 program, and is designated to attract applicants for occupancy from all potentially eligible groups of people in the housing area regardless of race, color, religion, sex, national origin, disability, and familial status. The property has One, two and three bedroom units available for rent and (5) of those units are designated to rent to persons with disabilities. To be eligible for occupancy at this property, there must be a match between the applicant’s family size and the unit size available in the property.

 

Management Agent

This property is managed by Eugene Burger Management Corporation, 6600 Hunter Drive, Rohnert Park, CA  94928.  For any questions, please call 707-584-5123.

 

Purpose of Plan

The purpose of this Resident Selection Plan is to establish guidelines for the selection of residents from a pool of applicants in accordance with HUD regulations and state/federal civil rights and fair housing legislation, and to preclude admission of applicants whose habits and practices would have a detrimental effect on other residents, the property, or the neighborhood environment.

 

Availability of Plan

This Resident Selection Plan is available to the public upon request. It may be reviewed in the site rental office at the address listed above during normal office hours.

 

Applicability of Plan

This Resident Selection Plan is applicable to all applicants interested in obtaining housing at subject property.  Applications are available in various methods to include:

• Physically available at the site
• Electronically available on line at https://cof.ebmcportals.com/
• Email when requesting an application through outreach agencies

 

Modification of Plan

Management will review this Resident Selection Plan at least once annually to ensure that it reflects current operating practices, program priorities, and HUD requirements. If the property and/or HUD’s Contract Administrator feel the plan needs to be modified in any way, a notice of such modification will be provided by mail to applicants on the waiting list, and by public forum to other interested persons who might have an interest in becoming an applicant.

Section 8 Table of Contents

 

1. Fair Housing and Equal Opportunity Requirements

• Non-Discrimination
• Equal Access to Housing Regardless of Sexual Orientation, Gender Identity or Marital Status
• Section 504 of the Rehabilitation Act of 1973
• Reasonable Accommodations
• Information Regarding Handicaps
• Neutral Policies
• Auxiliary Aids to Ensure Effective Communication
• Assistance Animals
• Accessible Route
• Reasonable Modifications
• Equal Access
• Civil Rights Related Program Requirements
• Limited English Proficiency (LEP)
• Mitigating Circumstances
• Equal Access

 

2. Privacy Policy
   • Federal Privacy Act of 1974
   • Consent to Disclose an Individual’s Information to Another Person or Entity
   • Disclosure to Persons Assisting Residents with the Recertification Process
   • Records Obtained through HUD’s EIV System
   • Public Notice
   • Protecting the Confidentiality of EIV Information
   • Determining Eligibility for Assistance
   • Information on Handicaps/Disabilities
   • Investigations into Fraud/Criminal Activities

 

3. Qualifying for Admission under HUD’s Program Eligibility Requirements

• Income Limit Requirements
• Method for Income-Targeting for Section 8 Properties
• Counting Family Members for Income Limits
• Need for Assistance in Section 8
• Admitting Over-Income Applicants
• Social Security Number Requirements
• Exceptions to Disclosure of Verification of SSNs
• Required Documentation
• Assistance Applicants
• Existing Residents
• Authorization for Release of Information Requirements
• Only Residence Requirements
• Rent Formula Requirements
• Section 8 Formula
• Noncitizen Rule Requirements
• Declaration Form for Citizens
• Declaration Form for Eligible Noncitizen Immigrants
• Declaration Form for Ineligible Noncitizens Not Contending Eligible Immigration
• Verification Requirements
• Individual Verification Forms
• Preferred Forms of Verification
  • • Additional Program Requirements
    • Eligibility Requirements for Section 8 Residents under the Student Rule

 

4. Qualifying for Admission under HUD’s Section 8 Project Eligibility Requirements

• Eligibility of Applicants for Section 8 Properties
• Eligibility of Single Persons
• Handling Applicants with Housing Choice Vouchers
• Eligibility of Remaining Members of a Section 8 Family

 

5. Qualifying for Admission under Owner/Agent’s Occupancy Standards
   • Unit Size Occupancy Standards
   • Two Persons per Bedroom
   • Prohibition against Denying Families with Children
   • Counting Family Members for Unit Size

• • Standards for Unit Assignment
  • Assigning a Smaller Unit than Required
  • Assigning Units Larger than Required
  • Change in Family Size after Initial Occupancy
  • Change in Need for Accessible Features
  • Policy for Unit Transfers
  • Requests from Residents
  • Requirement by Owner
  • Acceptable Reasons for Transfers
  • Placement on Transfer Waiting List
  • Procedures for Filling Vacancies
  • Priority for Filling Vacancies

• Assigning Units for Persons with Physical Disabilities
• Assigning Accessible Units
• Reasonable Accommodations

 

VI.       Marketing

• • • Fair Housing Requirements
    • Filling Available Units
    • Race and Ethnic Data Reporting
    • Affirmative Fair Housing Marketing Plan (AFHMP)
    • Monitoring and Documenting Marketing Activities
    • Five-Year Review of Plan
    • Advertising
    • Population to be Targeted
    • Form of Advertisement
    • Source of Advertising
    • Fair Housing Poster

 

7. Application Intake and Processing

• Application Intake
• Communications with Applicants
• Race/Ethnicity Data Collection
• Written and Signed Applications
• Supplement and Optional Contact Information
• Offering Assistance to Applicants
• Determining an Applicant’s Eligibility
• Placement on a Waiting List
• Placement on More than One List
• Applicant Interview/Briefing
• Ineligible Applicants

 

8. Waiting List Management

• Accommodating Persons with Disabilities

• Selecting Names from the Waiting List
• Skipping Over an Applicant on the Waiting List
• Applicant’s Refusal to Accept a Unit
• Maintaining the Waiting List
• Policy for Closing the List
• Reopening the List
• Updating the Waiting List
• Removal of Applications from the Waiting List
• Preferences
• Owner-Adopted Preferences

 

9.       Screening for Suitability to Determine Eligibility

• Applicant Screening Policy
• Prohibited Screening
• Procedures to Determine an Applicant’s History
• Screening for Credit History
• Screening for Rental History
• Record of Eviction
• Record of Disturbance
• Screening for Housekeeping Habits
• Screening for Marijuana Use
• Screening for Drug Abuse and Other Criminal Activity
• Screening for Sex Offender Status
• Misrepresentation of Information
• Screening of Live-In Aides or New Additions to the Household
• Policy for Applying VAWA Protections (including VAWA 2013)
• Defining Affiliated Individual
• Option to Bifurcate Lease
• Applicable HUD VAWA Forms

 

10.      Verification Requirements and EIV

• Verification of Eligibility Factors
• Verification of Family Composition and Age
• Verification of Disability
• Verification of Income Eligibility
• Verification of Social Security Numbers
• Verification of Citizenship and Immigration Status
• Verifying Eligibility of a Student for Assistance
• Verification of Income through the EIV System
• Use of EIV Data and Reports
• Required Verification and Consent Forms
• Required Consent Forms
• Owner-Created Verification Forms
• Acceptable Verification Methods
• Resolving Discrepancies

 

11.         Making an Occupancy Determination/Rejection or Admission

• Rejection of Ineligible Applicants

• Certain Prohibitions for Rejecting Applicants
• Allowable Reasons for Rejection
• Appeal Process

• Acceptance of Eligible Applicants
• Offering a Unit
• Briefing the Applicant before Move-In
• Preparing to Move In
• Annual Unit Inspections
• House Rules
• Pet Rules

 

XII. Resident Responsibilities at Move-In and Thereafter

• The Leasing Process

• Lease Requirements

• Amending the Lease for Rent Changes
• Modifying the Lease
• Collection of Rent
• Collection of Security Deposit

• Collection of a Pet Deposit

• Charges in Addition to Rent

• Annual Recertification Requirements

• Use of the EIV System at Recertification
• Annual Criminal Background Checks
• Notification System
  • Interim Recertification and Reporting Requirements
  • Owner Responsibilities
  • Resident Responsibilities

• Miscellaneous Reporting Requirements

 

13. Termination
    • • Termination of Assistance
      • Procedures for Terminating Assistance
      • Procedures for Reinstating Assistance
      • Termination of Tenancy by Owner
      • Material Noncompliance with the Lease
      • Failure to Disclose and Provide Verification of SSNs
      • Drug Abuse and Other Criminal Activity
      • Lifetime Sex Offender
      • Breaking State or Local Laws and Other Good Cause
      • Manner of Service
      • Termination of Tenancy by Resident

 

 

I.  Fair Housing and Equal Opportunity Requirements

 

Non-Discrimination

It is the policy of this property to comply fully with Title VI of the Civil Rights Act of 1964, Title VIII and Section 3 of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974), Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any legislation protecting the individual rights of residents, applicants or staff which may subsequently be enacted.

 

The property will not discriminate on the basis of race, color, sex, religion, age, handicap, disability, or national origin in the leasing, rental, or use or occupancy thereof. In addition, the property will not:

• Deny to any applicant the opportunity to apply for housing, nor deny to any eligible applicant the opportunity to lease housing suitable to its needs;
• Provide housing which is different from that provided others;
• Subject a person to segregation or disparate treatment;
• Restrict a person’s access to any benefit enjoyed by others in connection with the housing program;
• Treat a person differently in determining eligibility or other requirements for admission;
• Deny a person access to the same level of services; or
• Deny a person the opportunity to participate in a planning or advisory group that is an integral part of the program.

 

The property shall not automatically deny admission to a particular group or category of otherwise eligible applicants. Each applicant in a particular group or category will be treated on an individual basis in the normal processing routine. 

 

The Fair Housing Act prohibits discrimination “in housing and housing related transactions” and that “it applies to housing regardless of federal financial assistance.”

 

 

Equal Access to Housing Regardless of Sexual Orientation, Gender Identity or   Marital Status (Equal Access Rule)

On February 3, 2012, HUD published a final rule entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity, which ensures that properties across HUD programs are open to all eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.  The rule includes the following provisions regarding the Equal Access Rule, which will be upheld by the property at all times:

• A determination of eligibility for this property will be made in accordance with the eligibility requirements provided by HUD and will be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.
• This property will not inquire about the sexual orientation or gender identity of an applicant or tenant for purposes of determining eligibility or otherwise making housing available. However, it is possible that the property may need to make inquiries into sex for temporary, emergency shelter with shared sleeping areas or bathrooms, or to determine the number of bedrooms to which a household may be entitled.

 

Definitions for the Equal Access Rule

The property will use the following definitions that are applicable to the Equal Access Rule:

• The term family includes, but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:
• A single person, who may be an elderly person, displaced person, disabled person, near-elderly person or any other single person; or
• A group of persons residing together and such group includes but is not limited to (i) a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); (ii) an elderly family; (iii) a near-elderly family; (iv) a disabled family; (v) a displaced family; and (vi) the remaining member of a tenant family.
• The term gender identity means actual or perceived gender-related characteristics.
• The term sexual orientation means homosexuality, heterosexuality or bisexuality.

 

Section 504 of the Rehabilitation Act of 1973

It is the policy of this property to assure that qualified individuals with handicaps or disabilities are not discriminated against on the basis of their handicap or disability. The property also assures that these individuals will have equal opportunity to receive and enjoy the benefits of living at the property. Section 504 prohibits discrimination on the basis of disability, any program or activity receiving federal financial assistance.’

 

 

The Eugene Burger Management Corporation (“EBMC”) is pledged to the letter and spirit of the policies of United States and states in which EBMC does business to obtain equal housing opportunity throughout the nation.  We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, age, sex, sexual orientation, national origin, familial or handicapped status.  The company's fair housing procedures are not recommendations.  They must be followed by everyone associated with the EBMC.

 

Notice of Right to Reasonable Accommodation

If you have a physical or mental health problem or disability, and you need…

•   A change in or policies that would give you an equal chance to access our housing,

•   A change in the way we communicate with you or give you information,

•   A physical change to your housing unit,

You may ask for this kind of change, which is called a Reasonable Accommodation.

 

Your Request

If you can show that you have a disability or health problem that interferes with your use of housing, and if your request is reasonable, we will try to make the changes you request.  You can ask for this change by contacting the Property Manager.  Although a written request is not required, it is preferable as it can help avoid misunderstandings and possible delays in considering the request.  Staff can assist you in filling out a Reasonable Accommodation Request Form.

 

Our Response

We will provide you with a response within 14 days, unless there is a problem getting the information we need, or unless you agree to a longer time.  We will let you know if we need more information or verification from you or if we would like to talk with you about other ways to meet your needs.

 

If we turn down your request, we will explain the reasons in writing and you can give us more information, if you think that will help.  You may also appeal our decision.

 

Confidentiality

All information you provide will be kept confidential and be used only to help you have an equal opportunity to enjoy the housing.  It is illegal for us to deny you any services or retaliate against you because you made a Reasonable Accommodation Request.

 

Any person who has any reason to believe that they have been treated in a manner that is in any way contrary to the policy stated above may contact EBMC at the following address:

 

EUGENE BURGER MANAGEMENT CORPORATION

6600 Hunter Drive, Rohnert Park, CA 94928

(707) 584-5123 (Voice)  -  (800) 735-2929 (TDD).

    

Reasonable Accommodations

The property will seek to identify and eliminate situations or procedures that create a barrier to equal housing opportunity for all. In accordance with Section 504 of the Rehab Act of 1973, the property will make reasonable accommodation for individuals with handicaps or disabilities (applicants or residents). Such accommodations may include changes in the method of administering policies, procedures, or services at this property where such modifications would be necessary to afford full access to the housing program for qualified individuals with handicaps.

 

In reaching a reasonable accommodation with, or performing structural modifications for otherwise qualified individuals with disabilities, the property is not required to:

• Make structural alterations that require the removal or altering of a load-bearing structural member;
• Provide support services that are not already part of its housing programs;
• Take any action that would result in a fundamental alteration in the nature of the program or service;
• Take any action that would result in an undue financial and administrative burden on the property, including structural impracticality as defined in the Uniform Federal Accessibility Standards (UFAS).

 

 

Reasonable Accommodation Policy

 

EUGENE BURGER MANAGEMENT CORPORATION (“EBMC”) is committed to providing housing, housing related services and employment to individuals in full compliance with existing civil rights laws.  In keeping with this tradition, we are publishing our policy providing for reasonable accommodations for individuals with handicaps or disabilities in housing and employment.

 

EBMC does not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, familial or handicapped status in the admission, access to, treatment or employment in, federally assisted housing programs and activities.  Questions or issues related to reasonable accommodations / modifications or ADA may be submitted to EBMC’s 504 Coordinator, as listed below.

 

1. A reasonable accommodation / modification request is one which is both reasonable and necessary to afford an individual equal opportunity to enjoy the facilities, programs activities and services of the Property. 
2. EBMC will make reasonable accommodations in the rules, policies, practices of services or modifications to a dwelling unit that may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling unit, or public and common areas.
3. To be eligible for a reasonable accommodation or modification, EBMC may verify that the individual meets the definitions of disability set forth in Section 504 of the ADA, the federal Fair Housing Act, and any other applicable statutes, summarized as follows:

1. Has a physical or emotional impairment which substantially limits one or more major life activities;
2. Is regarded as having such an impairment; or
3. Has a record of such impairment.

4. EBMC may also verify the need for the requested accommodations before rendering a decision as to whether the accommodations will be granted.
5. If the accommodation/modification as requested is not reasonable, EBMC will engage in an interactive process with the person making the request to determine whether a reasonable alternative accommodation or modification may be available.
6. In determining whether a requested accommodation is reasonable, EBMC will apply the following guidelines:

4. Would the requested accommodation result in a fundamental alteration in the nature of the property’s programs?  For example, the property is not required to provide a meals program, but will assist a resident in arranging for "Meals on wheels" or similar services;
5. Is the requested accommodation an undue financial burden on the Property (the Property does not have sufficient fiscal resources to honor the requested accommodation)? In such a case, EBMC will consider possible alternative accommodations;
6. Is the requested accommodation an undue administrative burden which would require staff to devote significant time to administer?

7. Reasonable accommodations requests should, but are not required to, be submitted in writing.  Exceptions will be made for individuals who have an impairment which would make writing the request difficult or impossible.  The request should be as detailed and as specific as possible.
8. EBMC will respond to the request in writing within fourteen (14) and will endeavor to accommodate the individual within thirty (30) days, subject to the provisions and limitations of this policy. In the event a request will take longer than thirty days, the individual requesting the accommodation will be advised of the reason(s) for the delay. EBMC will make reasonable efforts to limit delays.
9. This policy is considered part of the House Rules for residents, and will be an addendum to materials provided to applicants, residents and employees.
10. Individuals who believe their reasonable accommodations request has been improperly denied may file a complaint with the Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development, 450 Golden Gate Avenue, San Francisco, CA 94102.

 

Grievance & Appeals

 

INFORMAL SETTLEMENT OF GRIEVANCE

 

It is the Property’s goal to settle any and all grievance matters with disabled residents and applicants in an informal way. Upon receipt of a written grievance by any disabled resident or applicant with a grievance involving a disability issue, the grievance will be submitted for review to the on-site manager. The manager for the Property will then meet with the person presenting a grievance (hereinafter "Grievant") at a time, date and place convenient to both parties. The manager hearing the grievance must always be someone other than the person who took the action resulting in the grievance. At the informal settlement, both parties shall present any and all evidence and statements pertaining to the current grievance. All statements and evidence shall be held in strictest confidence by both parties. After the meeting for informal settlement, will issue a decision in writing within 14 days. Within the written decision of the informal settlement, the Grievant will also be advised that he/she may request a formal grievance proceeding.

 

PROCEDURES TO COMMENCE A FORMAL GRIEVANCE HEARING

 

If the informal procedures fail to satisfy the dispute, the formal hearing process becomes available to all disabled residents or applicants who have a Grievance concerning a disability. The steps below are to be followed under the Formal Grievance Procedure:

 

REQUEST FOR A HEARING: Within thirty (30) days of receipt of the results of the informal settlement, the person or persons seeking relief from the decision may file a written grievance. The written grievance should state the nature of the grievance and the action or relief sought.

 

HEARING OFFICER: The grievance shall be submitted to EBMC’s 504 Coordinator to hear all evidence presented by the Grievant and the Property.

 

FAILURE TO REQUEST A HEARING: Anyone covered under this policy waives his or her right to a hearing if he/she has not requested a hearing within thirty (30) days of receipt of the results of the informal settlement. Other rights to file a complaint under the relief granted by the terms of the 1988 Amendments of Fair Housing Act or Section 504 of the Rehabilitation Act of 1973, as amended, are not waived.

 

HEARING PREREQUISITE: In order to qualify for a Formal 504 Grievance Hearing, the Grievant must waive an informal hearing or have participated in the informal settlement procedure outlined above. If the Grievant can show just cause why he/she did not participate or request informal settlement under the provisions above, then the Hearing Officer may waive this requirement

 

LOCATION AND TIME OF HEARING: The location and time of the hearing shall be agreed on by all parties involved. Every effort shall be made to locate the hearing in a fully accessible location. If the Grievant seeking relief under this policy needs language signers or special accommodations, such services will be provided free of charge by the Property upon ten (10) days prior notice.

 

HEARING PROCEDURES GOVERNING THE GRIEVANCE All hearing procedures will be conducted before the Hearing Officer. The Grievant or his/her representative shall have the opportunity to examine before the start of proceedings all relevant materials. The Grievant shall have the right to secure aid in representation whether of a professional nature or otherwise. This would include, but not be limited to, attorneys, health professionals, or any other person beneficial to the presentation of the case. These hearings shall be held in private unless the Grievant requests a public hearing. The Grievant has the right to present any and all pertinent evidence and cross-examine any and all witnesses. The decision of any and all hearings shall only be based on facts presented at the time of the Formal Grievance Hearing.

 

FAILURE TO SHOW UP FOR THE HEARING: In the event that the Property or its representative fails to appear or if the Grievant fails to appear, the Hearing Officer may postpone the hearing for up to five (5) days or find against the party who failed to appear. This determination does not affect any other legal rights available to the Grievant.

 

RECORDS OF PROCEDURES OR TRANSCRIPTS:  EBMC or the Grievant may arrange for a transcript of the hearing in advance at the expense of the party requesting the transcript.

 

DECISION OF THE HEARING OFFICER: The hearing officer must issue a written decision within ten (10) working days and furnish a copy to all parties. A copy must be kept on file with a copy of the decision with all names deleted shall be kept on file for future reference by any other party filing a grievance.

 

Information Regarding Handicaps

The property ensures that any questions related to handicapped information on the application for housing have to do with program eligibility and allowable medical or handicapped deductions for housing applicants who wish to take advantage of those deductions. It is not required that any information regarding a possible handicap be revealed other than for program eligibility requirements.

 

Neutral Policies

The property will make reasonable adjustments to rules, policies, practices, and procedures in order to enable an applicant or resident with a disability to have an equal opportunity to use and enjoy the unit and the common areas of a dwelling, or to participate in or have access to other activities conducted or sponsored by management.

 

Auxiliary Aids to Ensure Effective Communication

The property will seek to effectively communicate with applicants, residents, and members of the public who are individuals with handicaps or disabilities. The use of auxiliary aides will be implemented when necessary. The property requests 7 days’ notice in order to make any service, meeting, interview, appointment, or any business accessible. Requests for auxiliary aids may include visual alarms, tactile signs, visual doorbells, readers, interpreters, large print or Braille applications, leases, and other information/communications, recordings of such information, and a community room television that provides closed-captioning service.

 

Assistance Animals  

Management will allow assistive animals which are defined as animals that are used to assist, support, or provide service to persons with disabilities. Assistance animals – often referred to as “service animals”, “assistive animals”, “support animals”, or “therapy animals” – perform many disability-related functions including but not limited to guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing minimal protection, or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impeding seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support.

 

Accessible Route

For mobility-impaired persons, this property is an accessible facility on an accessible route. Documents that the resident would like to review may be examined during regular business hours. Please contact the management office to make arrangements to examine any documents.

 

Reasonable Modifications

Management will permit residents with handicaps or disabilities to make reasonable modifications to their individual units or common areas at the resident’s own expense. When the resident vacates the unit, s/he must agree to restore the premises to the condition that existed before the modification, if requested by the property. The property will not require this restoration if the modification benefits the property or is needed by another resident.  To ensure that funds will be available to pay for restorations at the end of the tenancy, management will negotiate as part of the restoration an agreement requiring that the resident pay into an interest bearing escrow account, a reasonable amount of money, not to exceed the cost of the restorations. Management will require that the work be done utilizing licensed contractors, and that any required building permits will be obtained.

 

                                                                                                                                 

Equal Access

Management will provide assistance to insure equal access to a resident’s documents. An individual with disabilities is responsible for providing her/his own transportation to and from the location where all documents are kept.

 

The owner/agent has designated a specific person to address questions or requests regarding the specific needs of residents and applicants with disabilities.  This person is referred to as the Section 504 Coordinator. 

 

 

 

Civil Rights Related Program Requirements

 

Limited English Proficiency (LEP)

Executive Order 13166 requires Federal agencies and grantees to take affirmative steps to communicate with persons who need services or information in a language other than English. Management has taken steps to ensure meaningful access to the information and services that we provide for persons with limited English proficiency, by providing interpreter services and/or written materials translated into other languages. HUD’s required leases, recertification notices, and the Consent for Release of Information Packet (9887 and 9887-A) are all available upon request in Amharic, Korean, Arabic, Portuguese, Armenian, Russian, Chinese, Spanish, Farsi, Tagalog, French, Vietnamese, and Khmer (Cambodian).

 

Mitigating Circumstances

Section 504 and Fair Housing regulations state that consideration for mitigating circumstances shall be given to all persons applying for occupancy. If an applicant feels there is a mitigating circumstance or reasonable accommodation to be considered for determining occupancy, they should contact the property immediately to schedule a meeting.

 

 

II. Privacy Policy

 

Federal Privacy Act of 1974/ACT 5 U.S.C 552a

Management, in compliance with the Privacy Act, is fulfilling its fiduciary responsibility by giving notice of the authority to obtain income information on all individuals applying to or currently living in HUD-assisted housing, to determine eligibility and the amount of rent a resident will pay. This is achieved through HUD forms 9887 and 9887-A, Applicant’s/Tenant’s Consent to the Release of Information.  Each applicant/resident gives their consent to the release of information by signing these forms, and the individual verification forms that apply to them. It is a requirement to sign these forms at the time of move-in, and annual/initial certifications. The effect on an individual for not signing the forms will be denial or termination of assistance. 

 

Consent to Disclose an Individual’s Information to Another Person or Entity

The Privacy Act prohibits the disclosure of an individual’s information to another person without the written consent of such individual.  The EIV data of a household member will not be shared with another household member or to a person assisting the resident, unless the individual has provided written consent to disclose such information.  However, management is not prohibited from discussing with the head of household how the income and rent were determined.

 

Disclosure to Persons Assisting Residents with the Recertification Process

With the written consent of the resident, EIV data may be shared with persons assisting in the recertification process, including review and explanation of third-party income verifications.  Disclosure of EIV to these parties must pertain only to the resident who has provided his/her consent.  Parties to whom the resident can provide written consent include guardians, translators, interpreters, individuals assisting an elderly individual or a person with a disability, powers of attorney, and other family members.  Disclosure of EIV information to Service Coordinators, along with a release of information consent form to access their file, will be allowed only if the resident is present during the review of the file. 

 

Records Obtained through HUD’s EIV System

Public Notice

According to the EIV System of Records Notice published in the Federal Register on 8-8-06, management hereby gives public notice to all applicant/residents of its participation in HUD’s Enterprise Income Verification system of records which houses any and all confidential information on all individuals living at this property.

 

Protecting the Confidentiality of EIV Information

Income reports in HUD’s EIV system contain sensitive data including SSNs, birth dates, names, and physical addresses of resident families, and will not be shared by management with anyone not authorized to have it. The reports will be utilized by management at times of recertification to determine if the resident has begun to receive any new income since the last certification.  To minimize the risk of exposing a resident’s SSN, management will not include the full nine-digit SSN of any individual in emails or other electronic communications, including faxes.

 

Determining Eligibility for Assistance

This privacy policy in no way limits the property’s ability to collect such information as it may need to determine eligibility and income, compute rent, or determine an applicant’s suitability for tenancy.

 

Information on Handicaps/Disabilities

Consistent with the intent of Section 504 of the Rehabilitation Act of 1973, any information obtained on an applicant’s/ resident’s handicap or disability will be treated in a confidential manner.

 

Investigations into Fraud/Criminal Activities

This privacy policy is not intended to preclude the cooperation of management/agent with local, state, or Federal investigations into fraud or criminal activity. With proper identification, the property is permitted to advise the investigating officer whether or not an individual is a resident, how long an individual has been a resident, and any other appropriate answers to questions related to the investigation.  The property will not make files, forms, or documents available to the investigating officer unless a court order for such action is provided.

 

 

III. Qualifying for Admission under HUD’s Section 8

Program Eligibility Requirements

 

Program Eligibility determines whether applicants are eligible for federal rental assistance. This Section 8 property will not admit ineligible applicants.  In order to be eligible a family must meet all of the following requirements.

 

Income Limit Requirements

HUD establishes income limits and revises them annually to ensure that federal rental assistance is provided only to families that need it.  All income limits are based on family size and the annual income the family receives, and are available for review at the site office.  In addition, see the paragraph below for HUD’s requirement regarding Extremely Low-Income applicants in a Section 8 property.

 

Also, tied into the VL income limits for Section 8 properties is an additional income limit called the Extremely Low Income (ELI) limit, which is defined by the Quality Housing and Work Responsibility Act of 1998 as family incomes that do not exceed 30% of median income.  Further, the Consolidated Appropriations Act of 2014 modified the definition of ELI limits to ensure that they would not fall below the poverty guidelines determined for each family size. Specifically, ELI families are defined to be VL income families whose incomes are the greater of the Poverty Guidelines as published and periodically updated by the Department of Health and Human Services, or the 30 percent income limits calculated by HUD.  

 

    

 

Method for Income-Targeting for Section 8 Properties 

HUD requires that Section 8 properties must lease not less than 40% of the dwelling units that become available for occupancy in any project fiscal year to extremely low-income families, which is defined as families whose incomes are below 40% of the area median income. The methodology management has chosen to fulfill this obligation is to alternate between extremely low-income families on the waiting list and otherwise eligible families. It is possible that applicants of a higher income that are also higher on the waiting list will be skipped over to achieve income-targeting. When this occurs, management will make a notation on the waiting list to indicate that an applicant was skipped over to achieve the 40% income-targeting rule.

 

Income Limits:

 

Income limits for COLONIAL FARMS APARTMENTS are posted in the rental office.         

 

 

Counting Family Members for Income Limits

In order to determine which family size to use for Income Limits, the property will count all full-time members of the family who will reside in the unit, with the exception of live-in aides.  (See the paragraph on live-in aides below for more information.)

 

Counting Family Members Not Living in the Unit

In addition to full-time family members, the property will also count any the following persons who are not living in the unit:

• Children temporarily absent due to placement in a foster home;
• Children in joint custody arrangements who are present in the household 50% or more of the time;
• Children who are away at school but who live with the family during school recesses;
• Unborn children of pregnant women;
• Children in the process of being adopted;
• Temporarily absent family members who are still considered family members, such as a member on a temporary work assignment in another state;
• Family members in the hospital or rehabilitation facility for periods of limited or fixed duration;
• Persons permanently confined to a hospital or nursing home, if the family decides to include them.

 

Live-In Aides are Not Counted as Family Members for Income Eligibility

When determining the family size for establishing income eligibility, the property will not include any live-in aide living in the unit.  (However, note that a live-in aide is counted in the family size when establishing unit size under the property’s occupancy standards.)  The live-in aide is defined as a person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who is determined to be essential to the care and wellbeing of the person(s), is not obligated for the support of the person(s), and would not be living in the unit except to provide the necessary supportive services.  To qualify as a live-in aide the following guidelines must be used:

 

• The owner will verify that the live-in aide is needed to provide the necessary supportive services essential to the care and well-being of the person.  The verification will be obtained from the applicant’s physician, psychiatrist, other medical practitioner, or health care provider, but will never include asking for access to confidential medical records, or for the applicant to submit to a physical examination.
• Expenses for services provided by the live-in aide, such as nursing services (dispensing of medications or providing other medical needs) and personal care (such as bathing or dressing), that are out-of-pocket expenses for the resident and where the resident is not reimbursed for the expenses from other sources, are considered as eligible medical expenses. Homemaker services such as housekeeping and meal preparation are not eligible medical expenses.
• The live-in aide qualifies for occupancy only as long as the individual needing supportive services requires the aide’s services and remains a resident. The live-in aide may not qualify for continued occupancy as a remaining family member.  The owner has instituted at the property a HUD-approved lease addendum that denies occupancy of the unit to a live-in aide after the resident, for whatever reason, is no longer living in the unit.  The addendum also gives the owner the right to evict a live-in aide who violates any of the house rules.
• The income of a live-in aide is excluded from annual income.
• The live-in aide must disclose and provide verification of their SSN.
• The live-in aide must meet the property’s screening criteria.

• A relative may be considered to be a live-in aide if they meet the requirements above.

 

Need for Assistance in Section 8

In this Section 8 property, income-eligible families must also need the assistance. The amount the family would be required to pay using the HUD Section 8 rent formula must be less than the gross rent for the unit.

 

Admitting Over-Income Applicants

If the owner of this Section 8 property is temporarily unable to lease all units to income eligible families, s/he will request for approval of HUD to admit applicants with incomes that exceed the applicable program income limits. The information will be submitted to the HUD Field Office for approval. If it is necessary for the owner to take this step, an addendum will be added to this Plan signifying such. 

 

Social Security Number Requirements

Applicants will be required to disclose and provide verification of the complete and accurate SSN assigned to them except for those individuals who do not contend eligible immigration status, or for residents who were age 62 or older as of 1-31-10, and whose initial determination of eligibility was begun before 1-31-10 as explained below.

 

Exceptions to Disclosure of Verification of SSNs

The SSN requirements do not apply to the following individuals:

 

• Individuals who do not Contend Eligible Immigration Status.

                In this Section 8 property the restriction on assistance to noncitizens applies and individuals are required to declare their citizenship or immigration status.  Management will use resident Citizenship Declarations on file and determine if any individual has not contended eligible immigration status.  Such individual will not be subject to the requirement to disclose and provide verification of a SSN.  

 

• Individuals Age 62 or Older as of January 31, 2010

                If an individual is 62 or older as of 1-31-10, and their initial determination of eligibility was begun before 1-31-10, they are exempt from the requirement to disclose and provide verification of a SSN.  The exception status for these individuals is retained if the individual moves to a new assisted unit under any HUD assisted program or if there is a break in his or her participation in a HUD assisted program.  Documentation will be obtained from the O/A where the initial determination of eligibility was determined prior to 1-31-10, which verifies the applicant’s exemption status, and will be retained in the resident file.

 

•              If a child under the age of 6 years was added to the assistance applicant household within the 6-month period prior to the household's date of admission (or, for the HCV program, the date of voucher issuance), the assistance applicant may become a participant, so long as the documentation required in paragraph (g)(1) of this section is provided to the processing entity within 90 calendar days from the date of admission into the program (or, for the HCV program, the effective date of the Housing Assistance Payment contract). The processing entity must grant an extension of one additional 90-day period if the processing entity determines that, in its discretion, the assistance applicant's failure to comply was due to circumstances that could not reasonably have been foreseen and were outside the control of the assistance applicant. If the applicant family fails to produce the documentation required in paragraph (g)(1) of this section within the required time period, the processing entity must follow the provisions of § 5.218.

 

 

Required Documentation

Each non-exempt assistance applicant and their household members must submit to management the complete and accurate SSN assigned to them, and documentation of the numbers submitted. Allowable documentation is:

• A valid SSN card issued by the Social Security Administration (SSA);
• An original document issued by a federal or state government agency, which contains the name and SSN of the individual, along with other identifying information; or
  • Such other HUD-allowable evidence of the SSN as indicated in Appendix 3 of HUD Handbook 4350.3 REV-1. 

 

Assistance Applicants

Applicants do not need to disclose or provide verification of a SSN for all non-exempt household members at the time of application and for placement on the waiting list. However, applicants must disclose and provide verification of a SSN for all non-exempt household members before they can be housed.

• If all household members have not disclosed and/or provided verification of their SSNs at the time a unit becomes available, the next eligible applicant will be offered the available unit.
• The applicant who has not disclosed and provided verification of SSNs for all household members must disclose and provide verification to the owner within 90 days from the date they are first offered an available unit.
• If management determines that the applicant is otherwise eligible for admission into the property, and the only outstanding verification is that of disclosing and providing verification of the SSN, the applicant may retain his or her place on the waiting list for the 90-day period during which the applicant is trying to obtain documentation.

• After 90 days, if the applicant has been unable to supply the required SSN and verification documentation, the applicant will be determined ineligible and removed from the waiting list.

•

 

Existing Residents

SSNs must be disclosed and verification provided for any household member who has not previously disclosed a SSN as of  1-31-10, at the time of the next IR or AR, except for those individuals who do not contend eligible immigration status, or residents who were age 62 or older as of 1-31-10, and whose initial determination of eligibility was begun before 1-31-10.  The head of household will be notified when the EIV system identifies that a household member has provided an invalid SSN, so that the discrepancy can be resolved and the correct SSN disclosed and verified. If a resident or any member of a resident’s household is assigned a new SSN, the SSN must be disclosed and verification provided to management at the time of receipt of the new SSN, or at the next IR or AR.

 

Adding a New Household Member:

When adding a new household member who is age six or older, or is under the age of six and has a SSN, the resident must disclose and provide verification of the SSN of the individual to be added to the household. When adding a new household member who is under the age of six without an assigned SSN, the resident must disclose and provide verification of the new household member’s SSN within 90 calendar days of the child being added to the household.  The owner must grant an extension of one additional 90-day period, if the owner, in its discretion, determines that the resident’s failure to comply is due to circumstances that could not have been foreseen and were outside the control of the resident, e.g., delay in processing by SSA, natural disaster, fire, death in family, etc.

• During the period management is awaiting disclosure and verification of the SSN, the child will be included as part of the household and will be given the dependent deduction.
• A TRACS ID will be assigned until the time the SSN is provided, at which time an IR will be processed changing the child’s TRACS ID to the child’s verified SSN.
• If, upon expiration of the provided time period, the resident fails to disclose and provide verification of the SSN, management will terminate tenancy of the resident and the resident’s household.

 

Authorization for Release of Information Requirements

Applicants and residents must sign the two HUD-required authorization consent forms HUD-9887 and HUD-9887-A. All members of an applicant or resident family, who are at least 18 years of age, and each family head, spouse, or co-head regardless of age, must sign form HUD-9887 at move-in, initial and at each annual recertification. The form must also be signed when a new adult member joins the household, and when members of the household turn 18 years of age.  Refusing to sign these forms by any adult family member will cause the family to be ineligible for assistance. All adults regardless of whether they report income must sign the following forms:

• Form HUD-9887, Notice and Consent for the Release of Information to HUD and to a PHA
• Form HUD-9887-A, Applicant’s/Tenant’s Consent to the Release of Information – Verification by Owners of Information Supplied by Individuals Who Apply for Housing Assistance

 

Only Residence Requirements

Applicants must agree that their rental unit will be their only residence.  When applicants are being interviewed, they are required to reveal all assets they own including real estate. They are allowed to own real estate, whether they are retaining it for investment purposes as with any other asset, or have the property listed for sale.  However, they may never use this real estate as a residence while they live in HUD-assisted housing.

 

Rent Formula Requirements

Applicants must agree to pay the rent required by the Section 8 subsidy formula used at the property, which is defined in HUD Handbook 4350.3 REV-1 as follows:

 

Section 8 Formula

Total Tenant Payment is the greater of 30% of monthly-adjusted income, 10% of monthly gross income, Welfare Rent, or $25 Minimum Rent. 

 

Minimum Rent

Minimum rent is used when 30% of adjusted monthly income and 10% of gross monthly income, and the welfare rent, are all below $25.  Minimum rent includes the resident’s contribution for rent and utilities.  In any property in which the utility allowance is greater than $25, the full TTP is applied toward the utility allowance.  The resident will receive a utility reimbursement in the amount by which the utility allowance exceeds $25.

 

Financial Hardship Exemptions 

The property will waive the minimum monthly rent requirement to any family unable to pay due to a long-term financial hardship. The financial hardship exemption constitutes the only statutory exemption, and includes the hardship situations listed

below.  NOTE: A family who is eligible for and receives a hardship exemption must be recertified every 90 days.

• The family has lost federal, state, or local government assistance or is waiting for eligibility determination;
• The family would be evicted if the minimum rent requirement was imposed;
• The family income has decreased due to a change in circumstances, such as, loss of employment or other benefits;
• A death in the family has occurred;

• Other applicable situations, as determined by HUD, have occurred.

 

Noncitizen Rule Requirements 

Under the Federal Noncitizen Rule only U.S. citizens and eligible immigrants may benefit from federal rental assistance.  All family members, regardless of age, must declare their citizenship or immigration status via a Declaration Form. A separate form must be completed for each member of the family. For family members under the age of 18, the form must be signed by an adult member of the household. This form is a statement made by the applicant clarifying whether s/he is a citizen or national of the United States, a noncitizen with eligible immigration status as evidenced by an immigration document, or a noncitizen that is not an immigrant and is not contending eligible status to receive federal assistance. All applicants will be given notice of the requirement to submit evidence of citizenship or eligible immigration status at the time of application.

 

Declaration Form for Citizens 

Applicants who are citizens are eligible to receive housing assistance under the Noncitizen Rule, and will be required to complete and sign a Declaration Form indicating their citizenship by checking Box 1 on the form.  Although not required by HUD, management has chosen to verify an applicant’s citizenship status.  Acceptable verification is a birth certificate, US passport, or naturalized citizenship document.

 

Declaration Form for Eligible Noncitizen Immigrants 

• If an applicant under the age of 62 is an eligible noncitizen as an immigrant to the US, they will be required to complete and sign a Declaration Form and check Box 2 indicating that they are an immigrant.  In addition, they will be required to submit documentation of their immigration status, and also sign a Verification Consent Form giving management permission to use the DHS/INS’s database through a program called SAVE to ensure that their name is in the database.

 

• If an applicant age 62 or older is an eligible noncitizen as an immigrant to the US, they will be required to complete and sign a Declaration Form, checking Box 2 indicating that they are an immigrant, and submit verification of age. 

 

 

Declaration Form for Ineligible Noncitizens Not Contending Eligible Immigration 

Noncitizens who are not contending eligible immigration status are eligible to live in assisted housing as long as there is at least one eligible citizen or eligible immigrant intending to live in the unit.  Only the eligible family members will receive assistance, which will be calculated by using a proration method of eligible members divided by total family members.

 

Verification Requirements

Applicants must agree to furnish any information required to verify eligibility for rental assistance including all sources of income and assets.  Applicants are hereby informed that, by law, the penalties for false information may include eviction, loss of assistance, fines up to $10,000, and imprisonment up to five years. Applicants must understand that a final decision of eligibility cannot be made until all verifications are complete. In addition, they must understand that HUD has the right to compare any of the information supplied in the verifications with information that federal, state, or local agencies have on the family’s income and household composition.  See also Section X of this plan, Verification Requirements and EIV. 

 

Individual Verification Forms

In addition to the Authorization for Release of Information Consent Forms indicated earlier, applicants must sign individual Verification Forms that have been designed by management for obtaining documentation from third parties, to verify an applicant’s income and deductions for determining the rent.

 

Preferred Forms of Verification

Verifications will be attempted in the order indicated below. Each file will be documented to show that management attempted to obtain third-party written documentation before relying on some less acceptable form of information.

• Upfront Income Verification through the Enterprise Income Verification (EIV) system;

• Third-party written;
• Third-party oral with a record kept in the file;
• Review of documents provided by the family, or
• Affidavits from the family.

 

 

Additional Program Requirements

 

Eligibility Requirements for Section 8 Residents under the Student Rule

Management is required to determine a student’s eligibility for housing assistance at MI, AR, IC (when an in-place resident begins receiving housing assistance), and at the time of an IR.  

               

 

Students who are NOT Eligible for Section 8 Assistance

At this Section 8 property, assistance will not be provided to any individual who is enrolled as either a part-time or full-time student at an institution of higher education for the purpose of obtaining a degree, certificate, or other program leading to a recognized educational credential, and who is:

• Is under the age of 24;

• Is not married;

• Is not a veteran of the United States Military;

• Does not have a dependent child;

• Is not a person with disabilities and was not receiving Section 8 assistance as of 11-30-05; is not individually eligible to receive Section 8 assistance or has parents ( individually or jointly) who are not income eligible to receive Section 8 assistance

• Is not living with his or her parents who are receiving Section 8 assistance;

 

Demonstrating Independence from Parents in Section 8 Properties

For a student to be considered living independently of their parents, they must be able to demonstrate the absence of or independence from parents, and must meet all of the following to be eligible for Section 8 assistance:

• Be of legal contract age under state law;

• Have established a household separate from parents or legal guardians for at least one year prior to application for occupancy, or meet the US Dept of Education’s definition of an independent student (see definition below);

• Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and

• Obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support, even if no assistance is being provided.

 

Defining Independent Student

If an individual can prove independence from his/her parents and is otherwise eligible for assistance, the student would be eligible to move into the property and receive assistance. Non-tuition student financial assistance would be counted as income unless the student is over 23 with a dependent child. 

 

Establish Independence from Parents:

Owners must use and the student must meet, one or more of the following criteria:

1. The individual is 24 years of age or older by December 31 of the award year;
2. The individual is an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age or older;
3. The individual is, or was immediately prior to attaining the age of majority, an emancipate minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s State of legal residence;
4. The individual is a veteran of the Armed Forces of the United States or is currently serving on active duty in the Armed Forces for other than training purpose;
5. The individual is a graduate or professional student;
6. The individual is married individual;
7. The individual has legal dependents other than a spouse;
8. The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth or a unaccompanied, at risk of homelessness, and self-supporting by:
   1. *A local educational agency homeless liaison;
   2. *The director of a program funded under the Runway and Homeless Youth Act or a designee of the director;
   3. *The director of a program funded under the subtitle B of title IV of the McKinney-Vento Homeless assistance Act (relating to emergency shelter grants) or the designee of the director;
   4. *A financial aid coordinator.
1. The individual is a student whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstance.

 

Including Financial Assistance in Annual Income

Any financial assistance an eligible Section 8 student receives (1) under the Higher Education Act of 1965, (2) from private sources, or (3) from an institution of higher education that is in excess of amounts received for tuition is included in annual income, except if the student is over the age of 23 with dependent children, or if the student is living with his or her parents who are receiving Section 8 assistance.

 

Protection from Eviction

Management will not evict a student who is not eligible for Section 8 assistance as long as the student is paying market rent and is in compliance with the terms of the lease.

 

 

IV.  Qualifying for Admission under HUD’s Section 8                              

 

Project Eligibility Requirements

Project eligibility establishes whether applicants are eligible to reside in the specific property to which they are applying. There are things which affect the match between an applicant and the applicant’s eligibility for occupancy in a particular property, such as properties which are designed for the elderly or disabled must be occupied by elderly residents or residents with disabilities.  There must also be a match between the applicant and their eligibility for occupancy in a particular property based on the family size, and the unit sizes available in the property.  See Section V of this plan regarding the unit sizes available at the property.

 

Eligibility of Single Persons

HUD does not restrict the admission of single persons to assisted housing.

 

Handling Applicants with Housing Choice Vouchers

The owner will not admit an applicant to this Section 8 property with a Housing Choice Voucher, unless the applicant agrees to give up the voucher prior to occupancy.  Before admitting such applicants, the owner will inform the voucher holder of the following:

• The family will be placed on the property waiting list and must give up the voucher when the family moves into the property.

• If the family later moves out of the property, the property subsidy will not move with the family as it does with a voucher; and

• The family will need to reapply to the PHA to receive another voucher.

 

Eligibility of Remaining Members of a Section 8 Family

Periodically, family composition changes after initial occupancy.  If the qualifying person leaves the unit, a determination must be made as to whether the remaining member(s) of the household will be eligible to receive assistance.  Eligibility depends upon the type of property occupied and other issues.  In this Section 8 property the remaining member of a household must be a party to the lease when the family member leaves the unit, and the individual must be of legal contract age under state law.

 

V.  Qualifying for Admission Under Owner/Agent’s Occupancy Standards

 

Being eligible for federal rental housing is not an entitlement. Every applicant must meet the resident selection criteria set in place at the property, which is used to demonstrate the applicant’s suitability as a resident. The criteria is determined by verifying information on past behavior to document the applicant’s ability, either alone or with assistance, to comply with essential lease provisions and any other rules governing tenancy.  The applicant family will be judged on past habits and practices related to tenancy and not on any attribute or behavior which may be imputed to a particular group or category of persons of which an applicant may be a member.

 

Unit Size Occupancy Standards

This property has 5 units designed to serve persons with disabilities. The unit size standards listed below take into consideration not only family type, but also family size and what unit sizes are available in the property.  It is possible that a family might be eligible for subsidy under HUD’s requirements, but would not be eligible under the unit size requirements of this property.  If the appropriate unit size is part of the configuration of the property but is not available at the time of application, the applicant will be put on a waiting list. 

 

Two Persons per Bedroom

The property has adopted a bedroom size standard of two persons plus one per bedroom. This standard serves to prevent the over-utilization or under-utilization of units that could result in an inefficient use of housing assistance. This standard also ensures that residents are treated fairly and consistently in order to receive adequate housing space. The property will not make social judgments on a family’s sleeping arrangement.  Management has adopted the following occupancy standards:

 

BEDROOM	MINIMUM OCCUPANCY	MAXIMUM OCCUPANCY
1	1	3
2	2	5
3	3	7

 

 

 

Prohibition against Denying Families with Children

The Fair Housing Act prohibits properties receiving Federal assistance from discriminating on the basis of familial status, defined by Congress as children under the age of 18, making it illegal to discriminate against families because of the presence of children. The property will neither exclude families with children, nor will they develop policies or procedures that have the purpose or effect of prohibiting children. The property will not exclude eligible elderly families because of the presence of children, or because of the anticipated presence of children.

 

Counting Family Members for Unit Size

In order to determine the size of unit that would be appropriate for a particular family, the property will count all full-time members of the family including live-in aides and foster persons who will reside in the unit. In addition, the property will count all anticipated persons including the following:

• Children expected to be born to a pregnant woman;
• Children in the process of being adopted by an adult family member;
• Children whose custody is being obtained by an adult family member;
• Children who are temporarily in a foster home who will return to the family;
• Children in joint custody arrangements who are present in the household 50% or more of the time, but see below;
• Children who are away at school and who live at home during recesses, but see below;
• Children that are temporarily in a correctional facility/detention center who will return to the family.
• Children of the opposite sex are not required to occupy the same bedroom.
• A child not required to share a bedroom with a parent.
• No more than two persons per bedroom, and no less than one person per bedroom any given time.
• Unrelated adults and persons of the opposite sex (except spouses for medical reasons-verified) may occupy separate bedrooms.
• At no time, during occupancy shall an extra bedroom be use for storages. If Management discovers such event, Tenant will be notified by Management of downsizing to lesser bedroom size upon availability.

 

Anticipated Children Due to Adoption, Pregnancy, or Foster Child

Anticipated children due to adoption, pregnancy or foster child that are not currently living in the unit will be taken into consideration when determining unit size.  When these anticipated children become a reality and move into the unit, an interim recertification is required including the child as a family member.

 

Joint Custody Agreements

Children in joint custody agreements whose parents both live in assisted housing, may receive a dependent deduction in only one of the assisted units at any given time. The determination of which parent will receive the deduction will remain with the parents. All families with single parents will be asked on their move-in and annual/interim recertification checklists or questionnaires if they are in a joint custody agreement, and if so, does the other parent live in assisted housing. If there is a joint custody agreement and both parents live in assisted housing, a declaration must be made by each parent at each certification which parent will receive the dependent deduction.

 

Children who are Away at School

Management will not include as a family member a child who is away at school and who has established residency at another address as evidenced by a lease agreement. The new address is considered the student’s principle place of residence.

 

Standards for Unit Assignment

 

Assigning To Greatest Number of Days Vacant

Management maintains waitlists based upon bedroom size.  Households are qualified to bedroom sizes, based upon the bedroom size waitlist they applied for.  Households are not applying for specific units, but available unit sizes.  Therefore households will be assigned and moved into to the first available vacant unit, determined by the number of days vacant upon approval, provided Household has not obtained a Reasonable Accommodation for a particular unit’s feature or location.

 

Occupancy Standards Are Non Gender Specific

Assignment of unit sizes are non-gender specific.  No accommodation will be considered for male/female assignment of individual bedrooms, but solely the total number of occupants as outlined in the Unit Size Occupancy Standards.

 

Assigning Units Larger Than Required

Management will consider assigning a family to a larger unit than the standards listed above if no eligible family in need of the larger unit is available to move into the unit within 60 days, the property has the proper size unit for the family but it is not currently available, and the family agrees in writing to move at its own expense when a proper size unit becomes available.

 

Change in Family Size after Initial Occupancy

After a family moves into a unit, if the unit becomes underutilized due to a change in family size, management will require the family to move to a unit of appropriate size, if it is available, at family’s expense.  If the family refuses to move to the correct size unit, the family may stay in the current unit and pay the market rent.  Management will not evict the resident for refusing to move, but will evict the family if it fails to pay the market rent in accordance with the lease.

 

Change in Need for Accessible Features

If a family is in an accessible unit but no longer needs the accessible features, management may require that the family move to another unit in the property, at family’s expense.

 

Policy for Unit Transfers

 

Current tenants

Existing tenants who are in need must be transferred before applicants on the waiting list. Below list the reasons of need allowed.

1. Transfer due to medical need or reasonable accommodation
2. Needs an accessible unit
3. An Emergency Transfer Request under the VAWA
4. Landlord’s administrative move

 

Requests from Residents

Once an applicant has become a resident, a transfer of units may be warranted. There are one, two and three bedroom unit sizes at this property. If a resident has an increase in family size or has a medical/health condition that warrants a larger unit or a unit that has special design features for a person with disabilities, a transfer may be requested. On occasion there may be other requests for transfers that the property will consider on a case-by-case basis. All transfer requests must be made in writing and must state the reason for the request. The request will then be forwarded to the property manager/owner for final approval.

 

A reasonable accommodation can be made for those unable to report in writing.

Requirement by Owner

On occasion an owner may require a resident to transfer to a smaller unit size. This may occur when the family composition decreases and the family no longer qualifies for the unit size in which they are dwelling.  If a unit of appropriate size is not available, management will not evict the family, and will not increase the family’s rent to the market rent.  However, if an appropriately sized unit is available and the family refuses to move, the family may stay in their current unit and pay the market rent. Management will evict the family if the family fails to pay the market rent in accordance with the lease.

 

Acceptable Reasons for Transfers

Current residents may qualify for a unit transfer for one of the following conditions:

• There is a need for a unit with special design features for a person with disabilities; or
• Other potential conditions not related to health, which will be reviewed on a case-by-case basis by management.
• Landlord’s Administrative Relocation, should unit need to be taken off line.

 

Placement on Transfer Waiting List

If the property manager approves a request for a transfer to a different unit, and there is no current unit available, the resident will be placed on the property’s in house transfer waiting list.  In-house residents that must be transferred due to overcrowding will be transferred first. Residents needing transfers due to medical reasons must have a written physician’s statement.  Priority for the in house transfer waiting list is as follows:

 

First Priority                          Verified Reasonable Accommodations, approved by the 504 Coordinator.

Second Priority                     VAWA Household eligible under the Emergency Transfer Plan.

Third Priority                        Over-housed/Under-housed households without an approved Reasonable Accommodation.

Fourth Priority                      Landlord’s administrative move

 

 

Procedures for Filling Vacancies

If a request for a transfer to a different unit is approved, the resident agrees to pay all transfer costs prior to the move. Costs may include damages that are beyond normal wear and tear. However, if a resident is transferred as an accommodation to a household member’s disability, then management may be obligated to pay the costs associated with the transfer as discussed under Section 504 of the Rehabilitation Act of 1973 of Chapter 2 of HUD Handbook 4350.3 REV-1.

 

Priority for Filling Vacancies

The property will fill its vacant units with current residents awaiting transfers before applicants from the property’s waiting list. Unit transfers that are required by management will take priority over resident requested transfers.

 

Assigning Units for Persons with Physical Disabilities

Management will always give a family that has indicated a need for certain unit accommodations because of a disability, the opportunity to decide for itself, in compliance with Section 504 of the Rehabilitation Act, whether a unit meets the needs of the family. The property will notify the household whenever any unit becomes available, without regard to unit accessibility. The property will never prohibit an eligible family with a member who has a disability from accepting a suitable nonaccessible unit if no accessible unit is available when the family reaches the top of the waiting list. If the applicant decides to accept a standard unit, s/he may request some modification to the unit as a reasonable accommodation.

 

Assigning Accessible Units

If a unit becomes available that has either been made accessible under Section 504, or was originally designed for disabled households when the property was approved for funding, the property will first offer the unit to an individual with disabilities who is currently residing in a nonaccessible unit who requires the features of the unit. If there is no such current resident, the property will offer the unit to the next qualified applicant on the waiting list who needs the features of the accessible unit.

 

When neither a current resident nor a qualified applicant require the features of an available accessible unit, the property will offer the unit to another resident or applicant, and will incorporate as an addendum to the lease an agreement that the resident will move to a nonaccessible unit within the property when one becomes available. This addendum will also cover whether the resident or the property will pay for the cost of such a move.

 

Reasonable Accommodations

The property will consider requests for reasonable accommodations from applicants/residents with disabilities, in order that they may benefit from the use and enjoyment of the dwelling units. The applicant/resident must be able to show that the requested accommodation is necessary, and that there is a strong, identifiable relationship between the requested accommodation and the individual’s disability.

 

If a household requests an accessible feature, policy modification, or other reasonable accommodation, the property will provide the requested accommodation unless doing so would result in a fundamental alteration in the nature of the program, or an undue financial and administrative burden. A fundamental alteration is a modification that is so significant that it alters the essential nature of the operations of the property.

 

 

VI. Marketing

 

 

Fair Housing Requirements 

The property enforces a marketing effort that attracts a broad cross-section of the eligible population without regard to race, color, religion, sex, disability, familial status, or national origin.

 

Filling Available Units

Whenever additional applicants are needed to fill available units, advertising will be carried out in accordance with the HUD-approved AFHMP, and as indicated below.

 

Race and Ethnic Data Reporting

The property will offer all members of an applicant/resident family the option of completing Form HUD-27061-H, Race and Ethnic Data Reporting Form. This form is used for gathering race and ethnic data in assisted housing programs. The form will be offered for completion at initial application or at lease signing. In-place residents who have not completed the form will be offered the opportunity to complete the form. There is no penalty for persons who do not complete the form. The property will place a note in the file of any family member who chooses not to complete the form.

 

Affirmative Fair Housing Marketing Plan (AFHMP)

The property complies with the requirements of the HUD-approved AFHMP established for the property, which is designed to promote equal housing choice for all prospective residents regardless of race, color, religion, sex, disability, familial status, or national origin. The purpose of the plan is to ensure that eligible families of similar income levels will have a similar range of housing opportunities. The plan outlines marketing strategies management will use. Special efforts will be made to attract persons who are least likely to apply due to such factors as the racial or ethnic composition of the neighborhood. Marketing will also seek to reach potential applicants outside the immediate neighborhood if marketing only within the neighborhood would create a disparate impact against certain classes, such as the case of an entire neighborhood that includes no minorities.

 

Monitoring and Documenting Marketing Activities

The property will monitor marketing efforts and document the results in writing. The documentation will be made available, upon request, for all marketing activities, to show consistency with affirmative fair housing marketing requirements and the approved plan for the property.  This documentation will include copies of media and marketing materials, records of marketing activities conducted, and documentation of any special marketing activities conducted in accordance with the property’s approved AFHMP. 

 

Five-Year Review of Plan

The property will review the AFHMP every five years and update it as needed to ensure compliance with HUD regulations.  If the demographics of the area have changed, the property will determine whether advertising efforts should be targeted to different groups.  The AFHMP will be revised whenever a substantial change takes place, or the local Consolidated Plan is updated, and be submitted to HUD for approval. 

 

Advertising

Population to be Targeted

When available units cannot be filled from applicants on a waiting list, the property will target advertising to groups other than the typical population of the neighborhood and will reach out to applicants who are least likely to apply because they are not the predominant racial or ethnic group in the neighborhood.

 

Form of Advertisement

All advertising for this property includes the HUD-approved Equal Housing Opportunity logo, the Equal Housing Opportunity slogan, or an equal housing statement. All visual advertising will depict members of all eligible protected classes including individuals from both majority and minority groups.

 

Source of Advertising

The property will use the sources as specified in the approved AFHMP, that may be updated from time to time.

 

Fair Housing Poster

The property has posted the required Equal Housing Opportunity poster in the Leasing Office so that it is readily apparent to all persons seeking housing.

 

 

 

 

VII. Application Intake and Processing

 

Application Intake

All persons wishing to be admitted to the property, or placed on the property’s waiting list, must complete an application. All applications will be taken at the property site office, as listed on the front page of this Resident Selection Plan.

 

Communications with Applicants

All communications with applicants will be by first class mail or by telephone. Failure to respond to letters or phone messages may result in withdrawal of an application from further processing. The property will make exceptions to these procedures to take into account circumstances beyond the applicant’s control, such as medical emergencies or extreme weather conditions. Applicants with disabilities may also request auxiliary aids or TTY/TTD services.

 

Race/Ethnicity Data Collection

The applicant provides self-certification of their race and ethnicity for data collection by using form HUD-27601-H,

Exh 4-3 of HUD Handbook 4350.3 REV-1. Completing this form is optional and there is no penalty for not completing it.

 

Written and Signed Applications   

Written applications will be accepted from anyone who wishes to apply. Every application must be completed and signed by the applicant. The information requested on the application form includes:

• Household characteristics such as name, sex, age, disability status (only where necessary to establish eligibility), need for an accessible unit, and race/ethnicity;
• General household contact information such as address, phone number, etc.;
• Sources and estimates of the household’s anticipated annual income and assets;
• Disclosure of Social Security numbers for all family members except for members who are exempt;
• Citizenship declaration and consent form(s);
• Higher education student status (only if a member of the household is a student in higher education);
• Screening information including drug/criminal history; State sex offender registration records; listing of states where all family members have lived; prior landlord references; and credit references;
• Marketing information regarding how the applicant heard about the property; and
• Certification from the applicant stating the accuracy and completeness of information provided, and an acknowledgement that the applicant has read the Privacy Act and understands the disclosure requirements.

 

Supplement and Optional Contact Information

Management will provide all applicants the opportunity to complete the information on form HUD-92006, Supplement to Application for Federally Assisted Housing. This form gives applicants the option to identify an individual or organization that the owner may contact and the reason(s) the individual or organization may be contacted. Management will not require applicants to provide the contact information, as providing contact information is optional. Those applicants who choose not to provide the contact information will be asked to check the box indicating that they “chose not to provide the contact information”, and sign and date the form. 

 

Offering Assistance to Applicants

Staff will be prepared to assist any applicants who might have trouble completing the application. This assistance may take the form of answering questions about the application, helping applicants who might have literacy, vision or language problems and, in general, making it possible for interested parties to apply for assisted housing.

 

Determining an Applicant’s Eligibility

Before putting any applicant on a waiting list, the property will make a preliminary eligibility determination to ensure that there are no obvious factors that would make an applicant ineligible.

 

Placement on a Waiting List

If a preliminary screening indicates that a family is eligible for tenancy, but units of appropriate size are not available, management will place the family on a Waiting List according to the date and time the application was received in the rental office.  The family will be notified when a suitable unit becomes available.  

 

Placement on More than One List

Families may request and be placed on more than one waiting list by submitting additional applications for other unit sizes, as long as they are eligible for the appropriate bedroom size. For instance, a family of 3 that includes a parent and a son and daughter is eligible for both a 2-bedroom unit and a 3-bedroom unit. For more information on Waiting List Management, see Section VIII of this Resident Selection Plan.

 

Applicant Interview/Briefing

As applicants approach the top of the waiting list they will be contacted to schedule an interview to verify all information given on the application. The interview will be conducted in accordance with HUD Handbook 4350.3 REV-1. The property will confirm and update all information provided on the application, and will explain program requirements, verification procedures, and penalties for false information, which include eviction, loss of assistance, fines up to $10,000, and imprisonment up to five years. The applicant will be asked to sign the release of information consent portion of the Authorization for Release of Information (Forms HUD 9887 and 9887-A) and any other necessary verification requests.

 

Ineligible Applicants

At the completion of the verification process, applicants will be ineligible to move into the property for any of the following:

• The applicant’s gross annual income changes by the time they reach the top of the waiting list, and exceeds the income limit for the property;
• Household members have failed to meet disclosure requirements for Social Security numbers;
• Household members have failed to declare citizenship/noncitizenship status;
• Household members have failed to sign the release of information forms; and,
• Landlord reference checks reveal that the applicant has a history of nonpayment of rent, eviction for nonpayment of rent, history of disruptive behavior, or history of damaging site property.

 

VIII. Waiting List Management

 

Anyone who wishes to be admitted to the property or to be placed on the property’s Waiting List must complete an application. The application must include a signature certifying the accuracy and completeness of information provided. If the applicant is placed on the property’s Waiting List, the list will note the name of the applicant, the date and time of application, the type of income, the size of unit desired, and any other pertinent information.

 

Accommodating Persons with Disabilities

The property will accommodate persons with disabilities who cannot utilize the property’s preferred application process, by providing alternative methods of application in-take (e.g. accepting mailed submissions).  In addition, the public notification of any closing or opening of the property’s waiting list will comply with HUD fair housing requirements, such as adopting suitable means to assure that notices reach eligible individuals with disabilities and those with limited English proficiency. The property also ensures that notices of and communications during all meetings will be provided in a manner that is effective for persons with hearing, vision, and other communications-related disabilities consistent with Section 504 and ADA. This includes ensuring that meeting sites are accessible and auxiliary aids and services are provided as needed, e.g., materials in Braille, audio, and large type; sign language interpreters, computer-assisted real time transcription (CART) services, and assistive listening devices, etc.  The opening of the property’s waiting list and accepting applications for limited periods, will always be done in a manner advocated in HUD’s Notice H14-16, and will be done for periods longer than a single day, which could create disorderly and unsafe application intake.  Applications will be made available ahead of time, which will create safer, more accessible, and more effective application intake.

 

Selecting Names from the Waiting List

 

 

The property will select names from the waiting list in chronological order to fill vacancies. 

 

Skipping Over an Applicant on the Waiting List

 

The only exceptions to selecting names in chronological order are:

 

1. In accordance with Section 504 of the Rehabilitation Act, persons applying with a verified requirement for ADA features within a unit, specifically designed to meet those requirements, those qualified applicants will be provided priority to those who may not require those unit features that may have applied earlier chronologically. 

 

2. Unless an extremely low-income applicant is needed to achieve income-targeting requirements in this Section 8 property, and the next applicant on the waiting list has income above the extremely low-income limit.  In such a case, a notation will be made on the waiting list to indicate why this applicant was skipped for an extremely low-income applicant.

 

3. The O/A will skip over an assistance applicant lacking documentation of a SSN, per the EIV Final Rule:        “...if the processing entity determines that an applicant is eligible to participate in a program, the applicant may retain its place on the waiting list for the program but cannot become a participant until it can provide the complete and accurate SSN assigned to each member of the household, and the required documentation referred to in paragraph (g)(1) of the notice.”

 

4. If an applicant with priority is unable or unwilling to move into the unit offered.  In this event, applicant will be provided written notification of a unit offer.  Should applicant decline the offer, they will be sent written acknowledgement of their election to decline and the waitlist updated and the next applicant in chronological order will be offered the unit if qualified.

 

5. Household has received a denial notification based on the selection criteria and appeals the decision within 14 days.  The denial removed the priority on the waitlist, allowing the next chronological household to be offered housing while the denied applicant is engaged in the appeals process.  Should the appeal be granted, household will be restored to its chronological priority.  This process by function essentially “skips” the household on the wait list by the removal and restoration.

 

 

Applicant’s Refusal to Accept a Unit

When appropriately sized units are offered to applicants, and an applicant turns down unit offers two consecutive times, the applicant will be removed from the Waiting List.

 

Maintaining the Waiting List

In order to maintain a balanced application pool, the property may, at its discretion, restrict application taking, suspend application taking, and close waiting lists in whole or in part. Decisions about closing the waiting list will be based on the number of applications available, and the ability of the property to house an applicant within a reasonable period of time. Closing the waiting lists, restricting intake, or opening the waiting lists will be publicly announced via the newspaper.

 

Advertising

Advertising and outreach activities will be done in accordance with applicable fair housing marketing requirements and the HUD approved AFHMP, and will target groups other than the typical population of the neighborhood in which the property is located, while reaching out to applicants who are least likely to apply because they are not the predominant racial or ethnic group in the neighborhood. Closing the waiting lists, restricting intake, or opening the waiting lists will be publicly announced via the sources noted in the AFHMP and in languages identified in the LAP plan, and will include the HUD-approved Equal Housing Opportunity logo, slogan, or statement. Further, all advertising depicting persons will depict members of all eligible protected classes including individuals from both majority and minority groups, including both sexes. Policy for Closing the List The waiting list will be closed when the average wait is three years. Potential applicants whose names appear on the waiting list

 

Policy for Closing the List

The waiting list will be closed when the average wait is three years. Potential applicants whose names appear on the waiting list will be notified via mail of the closure of the waiting list. The waiting list closure will also be published in the newspaper(s) listed above, and will state that additional applications will not be accepted until the waiting list is no longer excessive. During the period when the waiting list is closed, the property will not maintain a list of individuals who wish to be notified when the waiting list is reopened.

 

Reopening the List

If there is a need to reopen the waiting list, the property will advertise in the newspapers listed above, explaining the rules for applying, when and where to apply, and the order in which applications will be processed.

 

Updating the Waiting List

The Waiting List will be updated Semi-annually. The property will update the waiting list by removing the names of those who are no longer interested in, or who are no longer qualified for, assisted housing. The applicant is responsible to update the application with any changes that may occur to remain active on the current waiting list. 

 

Removal of Applications from the Waiting List

The property will not remove an applicant’s name from the waiting list unless:

• The applicant requests that the name be removed.
• The applicant was clearly advised of the requirement to tell the property of his/her continued interest in housing by a particular time and failed to do so. Those applicants failing to respond within the required time frame will be removed from the list. They may reapply at any time, but will not assume their old position on the list.
• The property made a reasonable effort (e.g 3 attempts:  Phone, email, US Postal Service, non-certified) to contact the applicant to determine if there is continued interest in housing, but has been unsuccessful.
• Management is informed by the applicant that they are no longer qualified for assisted housing.
• Household has been determined to be ineligible and receives a denial notification.

 

Preferences

Assigning preferences to applicants who meet certain criteria is a method intended to provide housing opportunities to applicants based upon household circumstances.  Applicants with preferences are selected from the waiting list and receive an opportunity for an available unit earlier than those who do not have a preference. Preferences affect only the order of applicants on the waiting list. They do not make anyone eligible who was not otherwise eligible, and they do not change an owner’s right to adopt and enforce resident screening criteria.  The owner has implemented one or more of the preferences listed below.

 

Owner-Adopted Preferences

The property has adopted the following preferences:

• None

 

 

IX.     Screening for Suitability to Determine Eligibility

Applicant Screening Policy

All applicants for assisted housing will be screened according to the criteria set forth in HUD’s Occupancy Handbook, HUD Handbook 4350.3 REV-1. Certain key questions relating to the applicant’s eligibility and resident history will be asked, including Social Security numbers, and the names, addresses and telephone numbers of current and former landlords. Failure to provide this information will result in cessation of application processing. Property staff will assist applicants, as needed, in understanding the application process and completing forms. Applicants will be instructed on what aspects of their background will be checked. An applicant has the right to voluntarily withdraw from the application process at any time.

 

Prohibited Screening

• The owner will comply with all applicable federal, state or local fair housing and civil rights laws and with all applicable civil rights related program requirements;
• The owner will not discriminate in its screening process based on race, color, religion, sex, national origin, age, familial status, or disability; 
• In addition, the owner will not discriminate at this Section 8 property against segments of the population, such as welfare recipients or single parent households;
• The property will uniformly require all applicants to furnish evidence of ability to meet the obligations of tenancy, but will not impose greater burdens on persons with disabilities.  Persons with disabilities may meet the requirements of the lease with the assistance of others such as attendant care providers;
• The owner will not require physical examinations or medical testing as a condition of admission;
• The owner will not require a donation, contribution or membership fee as a condition of admission;
• The owner will not make an inquiry to determine whether an applicant has a disability, or to make inquiry as to the nature or severity of a disability.

 

Procedures to Determine an Applicant’s Rental History

Screening for Credit History

Management will screen all applicants for their credit activity for the past five (5) years.  Management will reject an applicant for a credit history showing a delinquency on accounts.  Management will not reject an applicant for a lack of a credit history. 

 

Screening for Rental History

The owner/agent reviews rental history with the current property owner/agents any property owners/agents indicated for the last five (5) years.  The owner/agent will contact the prior property owner/agent and inquire about the following information: 

1. Adherence to the Lease & Community Policies
2. Compliance with certification reporting requirements
3. Rental Payment Performance
4. Unit Maintenance
5. Record of Disturbing Neighbors
6. Complaints
7. Known criminal activity

 

If any member of the applicant household has been evicted, for lease violations, from any property, the applicant household will be rejected.  This includes any household members who have been evicted from federally assisted housing within the last five (5) years for drug-related criminal activity. 

If no rental history is available, the owner/agent will accept (3) three references from licensed business owners, accredited professionals or an educator employed with an accredited education facility.

 

Record of Eviction

Management will check court records for evidence of evictions or judgments against the applicant, to determine the applicant’s past history of meeting financial obligations, and their future ability to make timely rent payments. If it is determined by the landlord that the applicant is not credit worthy, the applicant will be rejected.

• Record of termination from residential programs will be checked with police, service agencies and with any housing providers referred by the applicant.
• An applicant will in no way be held accountable by the property for the rental delinquency or other problems of a former household of which the applicant was a member, but not the head or spouse.
• Staff will consider the date and circumstances of any past eviction or termination in determining its relevance to property tenancy.

 

Record of Disturbance

• Management will check with the current landlord and at least one former landlord for potential problems regarding undesirable noise, disturbance of neighbors, or destruction of property.
• An applicant’s behavior toward property staff will be considered in relation to future behavior toward neighbors. Physical or verbal abuse or threats by an applicant toward staff will be noted in the file.

 

Screening for Housekeeping Habits

Management will check with the current landlord and at least one former landlord regarding the applicant’s housekeeping habits, to determine the maintenance of the present home in regards to sanitary conditions, and fire and safety standards that would pose a threat to other residents.

 

Screening for Marijuana Use

The Controlled Substances Act (CSA) categorizes marijuana as a Schedule 1 substance and therefore the manufacture, distribution, or possession of marijuana is a federal criminal offense.  Because the CSA prohibits all forms of marijuana use, the use of marijuana for recreational purposes or medical purposes is illegal under federal law even if it is permitted under state law.  With regard to questions concerning the use of marijuana in MF assisted properties in states that have decriminalized the use of marijuana, the controlling authority is Section 577 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA).  Because this property is federally assisted, the requirements of QHWRA apply, and the property will deny admission to any household with a member who is determined, at the time of application for admission, to be illegally using a controlled substance as that term is defined by the CSA.  In addition, the property will terminate the tenancy for any household with a member who the property determines is illegally using a controlled substance, or whose illegal use, or pattern of illegal use, of a controlled substance is determined by the property to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

 

Screening for Drug Abuse and Other Criminal Activity

Management will deny admission if:

• Any household member has been evicted from federally assisted housing for drug-related criminal activity, for five (5) years from the date of eviction. If the evicted household member who engages in drug-related criminal activity has successfully completed a supervised drug rehabilitation program or circumstances leading to the eviction no longer exist, management may, but is not required to, admit the household.
• Any household member is currently engaging in illegal drug use.
• Management determines that there is reasonable cause to believe that a household member’s illegal use or a pattern of illegal use of a drug may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. (Examples of evidence of illegal activities may include a conviction record, former landlord references, etc.)
• Management determines that there is reasonable cause to believe that a household member’s abuse or pattern of abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

 

Screening for Sex Offender Status

Management will deny admission to any member of the household that is subject to a lifetime registration requirement under a state sex offender registration program. During the admission screening process, management will perform the necessary criminal history background checks in the state where the housing is located and in other states where the household members are known to have resided.

 

 

Misrepresentation of Information

If, during the course of processing an application, it becomes evident that an applicant has falsified or otherwise misrepresented any facts about his/her current situation, history, or behavior in a manner that would affect eligibility, applicant selection criteria qualification, allowances or rent, the application shall be rejected.

 

 

Screening of Live-In Aides or New Additions to the Household

As per Par 4-7B5 of HUD Handbook 4350.3 REV-1, management will screen live-in aides and new additions to the resident household for drug abuse and other criminal activity by applying the same criteria established for screening other applicants.

 

Policy for Applying VAWA Protections for Section 8

(including VAWA 2013)

Criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, engaged in by a member of a resident’s household or any guest or other person under the resident’s control, shall not be cause for termination of assistance, or occupancy rights if the resident or an affiliated individual of the resident’s family is the victim or the threatened victim of that abuse.  An incident(s) of actual or threatened domestic violence, dating violence, sexual assault, or stalking will not be construed as serious or repeated violations of the lease by the victim (or threatened victim), and will not be “good cause” for the termination of the assistance, tenancy, or occupancy rights of a victim of such violence.  The owner will support and assist victims of domestic violence, dating violence, sexual assault, or stalking and protect victims, as well as members of their family or affiliated individuals, from being denied housing or from losing their HUD assisted housing as a consequence of domestic violence, dating violence, sexual assault, or stalking.

 

HUD-5380 Notice of Occupancy Rights under the Violence Against Women At will be included with all notices of denial.

 

Regarding the retention of information relating to VAWA

Colonial Farms Apartments must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. The information must be kept in a separate file stored in a secured location.

 

Colonial Farms Apartments must allow any individual administering assistance or other services on behalf of Colonial Farms Apartments (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under the Federal, State, and local law.

 

Colonial Farms Apartments must not enter your information into any shared database or disclose your information to any other entity or individual. Colonial Farms Apartments, however, may disclose the information provided if:

• You give written permission
• Colonial Farms Apartments needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program.
• A law requires Colonial Farms Apartments or your landlord to release the information.

 

VAWA does not limit Colonial Farms Apartments duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up.

 

Defining Affiliated Individual

VAWA 2013 defines an affiliated individual with respect to an individual, as a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis, or any individual, tenant, or lawful occupant living in the household of that individual and replaces the term immediate family member with affiliated individual in referring to other victims associated with the tenant who are protected under this provision.”

 

Option to Bifurcate Lease

VAWA 2013 requirements provide that notwithstanding the restrictions placed on admission, occupancy, and termination of occupancy or assistance, or any Federal, State, or local law to the contrary, an O/A of assisted housing may bifurcate a lease for housing in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, and mandates that if such bifurcation occurs, and the removed tenant or lawful occupant was the sole tenant eligible to receive assistance under a covered housing program, the O/A shall provide any remaining tenant the opportunity to establish eligibility for the covered housing program.

 

Providing a Reasonable Time

If the remaining tenant cannot establish eligibility, the O/A is required to provide the tenant a reasonable time to find new housing or to establish eligibility under another covered housing program. VAWA 2013 provides that HUD is to determine what constitutes a reasonable time, which when established will be followed by the property.

 

Criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of a resident’s household or any guest or other person under the resident’s control, shall not be cause for termination of assistance, or occupancy rights if the resident or an immediate member of the resident’s family is the victim or the threatened victim of that abuse.  An incident(s) of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease by the victim (or threatened victim), and will not be “good cause” for the termination of the assistance, tenancy, or occupancy rights of a victim of such violence.  The owner will support and assist victims of domestic violence, dating violence, or stalking and protect victims, as well as members of their family, from being denied housing or from losing their HUD assisted housing as a consequence of domestic violence, dating violence, or stalking.

 

Form HUD-5382, Certification of Domestic Violence, Sexual Assault, Dating Violence or Stalking

 

All current residents will be provided the option to complete form HUD-5382, Certification of Domestic Violence, Sexual Assault, Dating Violence or Stalking. This form will also be made available to all families at the time of admission.

 

Form HUD-91067, Lease Addendum for VAWA

Form HUD-91067, HUD’s lease addendum for the VAWA provisions, is a required addendum to every lease. If it is determined that physical abuse caused by a resident is clear and present, the law provides management the authority to bifurcate the lease, and remove, evict, or terminate housing assistance to that individual, while allowing the victim, who lawfully occupies the home, to maintain tenancy. The eviction of, or termination action against the individual, will be done in accordance with the procedures prescribed by federal, state, and local law. If such action is deemed necessary, an interim recertification will be processed reflecting the change in household composition.

 

HUD-5380 Notice of Occupancy Rights under the Violence Against Women At will be included with all notices of denial.

 

X.  Verification Requirements & Enterprise Income Verification (EIV)

 

Verification of Eligibility Factors

 

Verification of Family Composition and Age

Management will verify family composition to determine the appropriate unit size for the family.   In addition, verification of age may need to be obtained since eligibility for certain deductions such as the elderly deduction, dependent deduction, child care, medical, etc., is dependent on the age of the family member to whom the deduction pertains, and the relationship of the family member to the head of household.

 

 

Acceptable Verifications of Age for Family Members 18 and Older

• Birth or Baptismal Certificate
• Military Discharge Papers
• Valid Passport
• Census Document showing age
• Naturalization Certificate
• SSA Retirement Benefits Printout
• SSI Old Age Benefits Printout

 

Acceptable Verifications of Age for Family Members under the Age of 18

• Birth Certificate
• Adoption Papers
• Custody Agreements

 

Verification of Disability

Verification of disability may need to be obtained to determine whether a family or person meets the definition of disability used to determine eligibility for a project, preferences, or an allowance, or to identify applicant needs for features of accessible units or reasonable accommodations.  Management will not specifically ask for or verify the nature and extent of the disability. 

 

Acceptable Verifications of Disability

Verification of disability (handicap) may be provided by:

• Receipt of supplemental social security disability or social security disability benefits, which would provide verification that an individual met the handbook definition of person with disabilities; or
  • • • • Verification by a reliable source that the individual meets the relevant definition of a person with a disability/ handicap for this property.

 

Verification of the Need for an Assistance Animal

Some applicants or residents may require the use of assistance animals as a reasonable accommodation for a disability.  Management will verify that the applicant/resident has a disability and that there is a disability-related need for the requested accommodation, in this case the assistance animal.  Management will require the applicant/resident to provide documentation of the disability and the need for the animal from an appropriate third-party, such as a medical provider, mental health provider, or other professional in a position to provide this verification.

 

Verification of Income Eligibility

All sources of income required by HUD to be included in a family's income and used to determine applicant eligibility will be verified by management in accordance with Chapter 5 of HUD Handbook 4350.3 REV-1.  This includes using the EIV system for up-front verification of employment and income information.

 

Verifying Zero Income

If an applicant reports zero income at the time of application, management will advise her/him that if they are still at zero income when they become a resident, they will be asked to complete a questionnaire prepared by the property stating their source of necessary living items that are not covered by Food Stamps or other federal assistance sources.  After 90 days at zero income, and for every 90-day period thereafter, the resident will be recertified to determine if they have begun to receive any type of income. At the time of these 90-day interim recertifications an EIV No Income Report will be run by management to determine if EIV is reporting any income for this individual. 

 

Verification of Social Security Numbers

Applicants and residents, excluding individuals who do not contend eligible immigration status and residents age 62 or older as of 1-31-10, whose initial determination of eligibility was begun before 1-31-10, will be required to disclose and provide verification of the complete and accurate SSN assigned to each household member.  (See Section III of this plan for more information.)

 

Adequate Documentation

Adequate documentation to verify the SSN of an individual is a social security card issued by the SSA, an original document issued by a federal or state government agency which contains the name and SSN of the individual along with identifying information of the individual, or other acceptable evidence of the SSN listed in Appendix 3.

 

Verification of Citizenship and Immigration Status

This Section 8 property is subject to the restriction on assistance to noncitizens.  Management will require all applicants to provide a citizenship Declaration Form identifying whether they are a citizen, a noncitizen with eligible immigration status, or a noncitizen who is not contending eligible immigration status.   See Section III of this plan for verification requirements for applicants claiming to be citizens or eligible noncitizen immigrants.  Applicants who are noncitizens and who are not contending eligible immigration status are not required to verify their noncitizen status.

 

Verifying Eligibility of a Student for Assistance

This Section 8 property is subject to the restriction on assistance to students of higher education.  Management will verify parent’s income, whether jointly or individually, at each certification that the student is in school, whether full time or part time, unless the student is claiming independence from parents.  If the student is claiming independence from parents, management will verify the student’s independence in accordance with Paragraph 3-33 of HUD Handbook 4350.3 REV-1.

 

Verification of Income through the EIV System

HUD’s Enterprise Income Verification (EIV) system is an upfront income verification tool available to owners to validate wage, unemployment and social security income during annual, interim, and initial certifications of residents’ income.  It is a web-based application available to authorized program administrators of HUD’s rental assistance programs, which allows an owner to verify income through an independent source that systematically and uniformly maintains income information in computerized form for a large number of individuals. It is also known as automated written third-party verification.

 

Use of EIV Data and Reports

Management has trained its staff regarding the use of all EIV data and reports, as outlined in the company’s EIV Policies and Procedures manual at the property.  Included in these reports are Income Reports which are used as a third-party source to verify residents’ employment and income during mandatory recertifications of family composition and income, and Verification Reports, which are used to further assist management in reducing subsidy payment errors.  Management has trained its staff to retain EIV data in residents’ files for the term of tenancy plus 3 years after tenancy is terminated.

 

 

Procedures for Using the Existing Tenant Search

Management will use the Existing Tenant Search at the time of processing all applicants for admission, to determine if there may be applicants or applicant household members who are currently residing at another multifamily assisted property or Public and Indian Housing (PIH) property at the time of application processing.  If it is found that an applicant is residing at a multifamily assisted or PIH property, management will discuss this with the applicant, giving them the opportunity to explain any circumstances relative to them being assisted at another location, such as their intention to move from their existing location.  In addition, before admitting the applicant, management will contact the respective PHA or O/A to confirm the individual’s program participation status, and if the individual has given a 30-day notice to vacate at their current property.  Management will then coordinate the move-in/move-out dates with the PHA or O/A.

 

Safeguards

Management is currently in compliance with the EIV system and has established guidelines in the property’s Policies and Procedures manual outlining technical, administrative and physical safeguards for staff to implement for ensuring the security and confidentiality of resident records.            

 

 

Required Verification and Consent Forms

Required Consent Forms

Adult members of assisted families must authorize owners to request independent verification of data required for program participation. To provide owners with this authorization, adult family members must sign two HUD-required consent forms, plus management’s specialized verification forms.

 

Form HUD-9887, Notice and Consent to the Release of Information to HUD.

Each family member who is at least 18 years of age and the head, spouse or co-head, regardless of age, must sign this form at MI, IC, and AR, regardless of whether s/he has income. Additionally, the form must be signed when a new adult member joins the household, and when members of the household become 18 years of age. The consent allows HUD to verify information with the IRS, the SSA, and with state agencies that maintain wage and unemployment claim information. 

 

Form HUD 9887-A, Applicant’s/Tenant’s Consent to Release of Information – Verification by Owners of Information Supplied by Individuals Who Apply for Housing Assistance.

Owners and all family members 18 years of age and older, regardless of whether they have income, must sign this form. The consent allows owners to request and receive information from third-party sources about the applicant/resident.

 

Owner-Created Verification Forms

All information relative to eligibility and level of assistance will be documented, and appropriate verification forms or letters placed in the applicant file.  Management has created verification forms for specific verification needs which it will utilize when requesting information from employers, banks, child care providers, doctors, pharmacies, etc.  No decision to accept or reject an application will be made until all verifications have been collected.  Management staff will be the final judge of the credibility of any verification submitted by an applicant.  All information relative to the following items will be verified:

• • Income, assets, family composition, and Social Security numbers;
  • Deductions for such things as dependent status, age, childcare, disability, disability expenses, and medical costs;
  • Documented ability and willingness to abide by lease requirements, previous history of tenancy, rent paying, caring for a home, and criminal activity of any family member.

 

Certification Checklist/Questionnaire

Each member of an applicant/resident family who is 18 years of age and older will be required to complete a checklist/ questionnaire at MI and each AR, IR, and IC, certifying to any income, assets, deductions or level of eligibility.

 

Verification Documentation

Documentation used as part of the verification process may include:

• • Certification Checklists/Questionnaires as listed above;
  • Verification forms completed and signed by third parties;
  • Reports/letters of interviews; and
  • Notes of telephone conversations with reliable sources.  At a minimum, telephone conversations will indicate the date of the conversation, source of the information, name and job title of the individual contacted, and a written summary of the information received.

 

Acceptable Verification Methods

All verifications of eligibility, income, assets, and deductions will be attempted in the following order:

• Upfront-income verification (UIV) with use of EIV being mandatory and use of non-EIV UIV being optional;
  • Written third-party verification;
  • Oral third-party verification, with a record kept in the file;
  • Family Certification.  If third-party verification is not available, management will document the resident file to explain why third-party is not available. 

 

Dispute of EIV Information

Securing income information through HUD’s EIV system will always be management’s first choice of verification. If the resident disputes the information obtained in EIV, management will request written 3^rd party verification. For each file where EIV is not used, the file will be documented to show that management attempted to obtain third-party written documentation before relying on some less acceptable form of information.

 

Resolving Discrepancies

Management will investigate and confirm possible discrepancies and errors to a resident’s reporting of income.  The property will not suspend, terminate, reduce, make a final denial of rental assistance, or take any other adverse action against an individual based solely on the data in EIV.  When the employment and income data in EIV is not the same as reported by the resident, or when the resident disputes the EIV data, the property will independently verify any information by obtaining third-party verification directly from the third-party source.  The property will notify the resident of the results of the third-party verification and request the resident come into the office, within 10 days of notification, to discuss the results.   The resident may contest the findings in the same manner as applies to other information and findings relating to eligibility factors.

 

Attempted Fraud

Any information provided by the applicant that verification proves to be untrue may be used to disqualify the applicant for admission on the basis of attempted fraud.  Fraud is defined in Par 8-13A of HUD Handbook 4350.3 REV-1 as an applicant/ resident knowingly providing inaccurate or incomplete information. Unwitting errors that do not secure an advantage with regard to program eligibility, preferences, or rent will not be used as a basis to exclude applicants.  Management considers false information about income, assets, family composition, Social Security numbers, allowances, and previous resident or criminal history to be grounds for rejecting an applicant.

 

Pursuing for Fraud

If the property determines that the resident is in non-compliance with his/her lease because he/she knowingly provided incomplete or inaccurate information, the property will follow the guidance in Par 8-18 of HH 4350.3 REV-1, for terminating the resident’s tenancy and for filing a civil action against the resident to recover improper subsidy payments.  Where fraud is suspected, the property will report this to the HUD OIG Office of Investigation.

 

Recalculating Rent Owed

If the property determines that the resident unreported or underreported his/her income, management will go back to the time the unreported or underreporting of income started, not to exceed the 5-year limitation that the resident was receiving assistance discussed on forms HUD-9887 and HUD-9887-A and calculate the difference between the amount of rent the resident should have paid and the amount of rent the resident was charged.  A record of this calculation will be provided to the resident and also retained in the resident’s file.

 

Resident Repayment of Unreported or Underreported Income

Residents are obligated to reimburse the property if they are charged less rent than required by HUD’s rent formula due to underreporting or failure to report income.  The resident is required to reimburse the property for the difference between the rent that should have been paid and the rent that was charged. Residents can repay amounts due in a lump sum payment, by entering into a repayment agreement with the property, or a combination of the two.

 

 

11.  Making an Occupancy Determination

Rejection or Admission

 

 

If at any point in the screening process it becomes clear to the property that an applicant will not meet the screening criteria, the file will be sent to the appropriate Supervisor for review. If any information is missing or the case for rejection or acceptance is not compelling, the file will be returned to the staff for further work.  If an applicant is clearly eligible and passes the screening criteria, admission will be authorized. Likewise, if the applicant is ineligible, rejection will be authorized.

 

Rejection of Ineligible Applicants

Applicants who do not pass the eligibility requirements will immediately be sent a Notice of Rejection. This written notice will specifically state the reason for the rejection, and will inform the applicant of her/his right to respond to management in writing, or to request a meeting within 14 days to dispute the rejection.

 

Certain Prohibitions for Rejecting Applicants

Prohibition of Rejecting Applicants because of Discrimination

The owner will not discriminate against an applicant based on race, color, religion, sex, national origin, familial status, or disability.

 

Prohibition of Rejecting Applicants because of Disabilities

Management will comply with HUD’s prohibition of rejecting an applicant because s/he has a handicap or disability, or for reasons that could be overcome by the property’s reasonable accommodation of the applicant’s disability or handicap. If, even with a reasonable accommodation, applicants with disabilities/handicaps cannot meet essential program requirements, management will be permitted to reject them. Such insurmountable problems might arise because of behavior or performance in past housing, inability to comply with the terms of the property’s lease, or needed services from property staff that represent an alteration in the fundamental nature of the property’s program.  An applicant who has a disability/handicap but who is able to demonstrate a history of meeting financial obligations, caring for a rental unit, avoiding disturbing neighbors and destroying property, abstaining from criminal behavior, and complying with the property’s lease, would be recommended for admission with no further reference to or consideration of any disability or handicap.

 

If the applicant is a person with disabilities, the owner must consider extenuating circumstances where this would be required as a matter for reasonable accommodation.

 

Prohibition of Rejecting Applicants in Section 8 Programs Due to VAWA

The VAWA protects victims of domestic violence, dating violence or stalking, as well as their immediate family members, from being denied housing assistance if an incident of violence is reported and confirmed. An applicant’s status as a victim of domestic violence, dating violence, or stalking is not a basis for denial of rental assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission.

 

Allowable Reasons for Rejection

Failing HUD’s Requirements

The property will reject an applicant if s/he:

• • Is ineligible for occupancy based on HUD’s guidelines as indicated in HUD Handbook 4350.3 REV-1;
  • Is unable to disclose and document a SSN for all family members except for those individuals who are exempted;
  • Does not sign and submit verification consent forms or the Authorization for Release of Information (Forms

                HUD-9887 and HUD-9887-A);

• • Has not completed a declaration of citizenship for every family member which declares that the member is either a citizen or national of the US, a noncitizen with eligible immigrant status, or a signed statement not contending eligible immigration status, thus agreeing there is no eligibility for assistance;
  • Has household characteristics that are not appropriate for the unit sizes that are available;
  • Does not meet the property’s screening criteria as set forth below.
  • Fails to reply to O/A’s attempt to engage in the verification and qualification process within 7 days of being issued written notice of non-cooperation.

 

 

 

 

 

 

Failing the Property’s Screening Criteria

Reasons for failing the property’s resident screening criteria include:

• • A family member was, or is, engaged in criminal activity that involves crimes or physical violence to persons or property, or that disturbs the peaceful enjoyment of the premises;
  • The applicant or a member of the household is subject to a State lifetime sex offender registration in any state;
  • There is evidence of acts of violence or any other conduct that constitutes a danger or disruption to the peaceful enjoyment of the premises;
  • There is confirmed drug addiction or alcohol abuse, such as a conviction for possession, trafficking or use of narcotics or controlled substances, a record of conviction for activity relating to the misuse of alcohol, or written reports from a probation officer, a social agency, or the family itself to the effect that the individual is addicted to, or is misusing drugs or alcohol;
  • A family member was evicted in the past 3 years from federally assisted housing for drug and criminal activity;
  • A family member has a conviction for the offense of rape, prostitution, indecent exposure, sodomy, carnal abuse, impairing the morals of a minor or similar crimes indicating sexual deviation;
  • There is evidence of grossly unsanitary or hazardous housekeeping habits, which includes the creation of health or safety hazards through acts of neglect, or causing, or permitting to cause any damage to or misuse of the premises. This includes causing or permitting infestation, foul odors or other problems injurious to other persons’ health, safety, welfare or enjoyment of the premises; depositing garbage improperly; failing to properly use all utilities,  services, appliances and equipment in the unit, or failing to maintain such in good and clean condition.  In cases where a qualified agency, such as F.I.A. or Protective Services, reports that a family shows potential for improvement in the area of housekeeping, an eligibility decision will be reached after receiving such a referral.

 

Appeal Process

All denied applicants have 14 days to respond in writing, or to request a meeting to discuss their rejection. Appeal letters should be sent to the address on the cover page of this plan. A member of management’s staff who was not involved in the initial decision to deny admission will conduct any meeting with the applicant. A written response will be sent to the applicant within 5 days following the review meeting with the final decision.

 

Acceptance of Eligible Applicants

Offering a Unit

When a unit becomes available for occupancy at this Section 8 property, it will be offered either to the first Extremely Low-income applicant on the Waiting List, or, if the income-targeting percentage has already been met, to the first applicant at the top of the Waiting List.  If the applicant cannot be contacted within 4 working days, the offer will be canceled and the unit will be offered to the next applicant on the Waiting List.  In that event, the first applicant will be sent a letter requesting confirmation of their interest in remaining on the Waiting List.  If the applicant replies affirmatively, their application will retain its position on the Waiting List.  The applicant will be advised at that time that if another unit becomes available and they cannot be reached within 4 working days, their name will be moved to the bottom of the waiting list.  If the applicant’s reply is negative, or if no reply is received within 4 working days, the application will be withdrawn.

 

Briefing the Applicant before Move-In

Management will hold a meeting prior to the applicant taking possession of their unit to ensure that all new residents understand the terms of the lease, lease attachments, rent, security deposit, charges for facilities and services, maintenance, damages, residents’ rights, recertification requirements, unit inspections, house rules, penalties for fraud, and conditions for termination of assistance and tenancy.  At the briefing management will give new residents an opportunity to ask questions and discuss the information being presented.